SF 3555

as introduced - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to consumer protection; regulating the use of motor vehicle event data
recorders; requiring certain disclosures; restricting the use of certain data;
proposing coding for new law in Minnesota Statutes, chapter 325F.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

new text begin [325F.661] MOTOR VEHICLE EVENT DATA RECORDERS.
new text end

new text begin Subdivision 1. new text end

new text begin Definition. new text end

new text begin As used in this section, "recording device" means a
device that is installed by the manufacturer of the vehicle and does one or more of the
following, for the purpose of retrieving data after an accident;
new text end

new text begin (1) records how fast and in which direction the motor vehicle is traveling;
new text end

new text begin (2) record a history of where the motor vehicle travels;
new text end

new text begin (3) records steering performance;
new text end

new text begin (4) records brake performance, including, but not limited to, whether brakes were
applied before an accident;
new text end

new text begin (5) records the driver's seat belt status; or
new text end

new text begin (6) has the ability to transmit information concerning an accident in which the motor
vehicle has been involved to a central communications system when an accident occurs.
new text end

new text begin Subd. 2. new text end

new text begin Manufacturer's disclosure. new text end

new text begin A manufacturer of a new motor vehicle sold
or leased in this state that is equipped with one or more recording devices commonly
referred to as an "event data recorder (EDR)" or a "sensing and diagnostic module (SDM)"
shall disclose that fact in the owner's manual for the vehicle.
new text end

new text begin Subd. 3. new text end

new text begin Data disclosure restricted. new text end

new text begin (a) Data described in subdivision 1 that is
recorded on a recording device may not be downloaded or otherwise retrieved by a person
other than the registered owner of the motor vehicle, except under one of the following
circumstances:
new text end

new text begin (1) the registered owner of the motor vehicle consents to the retrieval of the
information;
new text end

new text begin (2) in response to an order of a court having jurisdiction to issue the order;
new text end

new text begin (3) for the purpose of improving motor vehicle safety, including for medical research
of the human body's reaction to motor vehicle accidents, and the identity of the registered
owner or driver is not disclosed in connection with the retrieved data. The disclosure of
the vehicle identification number (VIN) for the purpose of improving motor vehicle safety,
including for medical research of the human body's reaction to motor vehicle accidents,
does not constitute the disclosure of the identity of the registered owner or driver; or
new text end

new text begin (4) the data is retrieved by a licensed new motor vehicle dealer, or by an automotive
technician for the purposes of diagnosing, servicing, or repairing the motor vehicle.
new text end

new text begin (b) A person authorized to download or otherwise retrieve data from a recording
device pursuant to paragraph (a), clause (3), may not release the data.
new text end

new text begin (c) This subdivision does not apply to subscription services meeting the requirements
of paragraph (a).
new text end

new text begin Subd. 4. new text end

new text begin Subscription agreement disclosure. new text end

new text begin If a motor vehicle is equipped with
a recording device that is capable of recording or transmitting information as described
in subdivision 1, clause (2) or (6), and that capability is part of a subscription service,
the fact that the information may be recorded or transmitted must be disclosed in the
subscription service agreement.
new text end

Sec. 2. new text begin EFFECTIVE DATE; APPLICATION.
new text end

new text begin Section 1 is effective July 1, 2006, and applies to all motor vehicles manufactured
on or after that date.
new text end