HF 3013

1st Engrossment - 84th Legislature (2005 - 2006) Posted on 12/15/2009 12:00am

A bill for an act
relating to motor vehicles; requiring disclosure of existence of event recording
devices in new motor vehicles; proposing coding for new law in Minnesota
Statutes, chapter 169.

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

Section 1.

[169.744] DISCLOSURE OF EXISTENCE OF CERTAIN
RECORDING DEVICES REQUIRED.

Subdivision 1.

Definitions.

For purposes of this section the terms used in this
section have the following meanings.

(a) "Event recording device" means a device which is installed by the manufacturer
of a motor vehicle and which, for the purposes of retrieving data after an accident
involving the motor vehicle:

(1) records the direction and rate of speed at which the motor vehicle travels;

(2) records a history of where the motor vehicle travels;

(3) records steering performance;

(4) records brake performance, including, without limitation, whether the brakes
were applied before an accident;

(5) records the status of the driver??a??a??s safety belt; or

(6) if an accident involving the motor vehicle occurs, is able to transmit information
concerning the accident to a central communications system.

(b) "Registered owner" has the meaning given it in section 168.011, subdivision 5a,
except that the lessee of a motor vehicle is deemed to be the registered owner.

(c) "New motor vehicle" means a motor vehicle manufactured on or after January
1, 2007.

(d) "Motor vehicle dealer" means a dealer licensed under section 168.27.

Subd. 2.

Sales prohibited.

A manufacturer of a new motor vehicle which is sold or
leased in this state and which is equipped with an event recording device must disclose
that fact in the owner's manual for the vehicle. The disclosure must include, if applicable,
a statement that the event recording device:

(1) records the direction and rate of speed at which the motor vehicle travels;

(2) records a history of where the motor vehicle travels;

(3) records steering performance;

(4) records brake performance, including, without limitation, whether the brakes
were applied before an accident;

(5) records the status of the driver's safety belt; and

(6) if an accident involving the motor vehicle occurs, is able to transmit information
concerning the accident to a central communications system.

Subd. 3.

Retrieval of data restricted.

Except as otherwise provided in this section,
data recorded by an event recording device may not be downloaded or otherwise retrieved
by a person other than the registered owner of the vehicle, except that data recorded by
an event recording device may be downloaded or otherwise retrieved by a person other
than the registered owner of the vehicle if:

(1) the registered owner of the vehicle consents to the retrieval of the data;

(2) a court of competent jurisdiction orders the retrieval;

(3) the data is retrieved for the purpose of conducting research to improve motor
vehicle safety, including, without limitation, conducting medical research to determine
the reaction of a human body to motor vehicle accidents, provided that the identity of
the registered owner or driver is not disclosed in connection with the retrieval of that
data. The disclosure of a vehicle identification number pursuant to this clause does not
constitute the disclosure of the identity of the registered owner or driver of the vehicle;

(4) the data is retrieved by a new vehicle dealer or a vehicle repair facility to
diagnose, service, or repair the motor vehicle; or

(5) the retrieval is pursuant to an agreement for subscription services for which
disclosure required by subdivision 5 has been made.

Subd. 4.

Restrictions on disclosure.

A person who retrieves data from an event
recording device pursuant to subdivision 3, clause (3), may not disclose that data to any
person other than a person who is conducting research specified in that clause.

Subd. 5.

Disclosure of data; subscription services.

If a motor vehicle is equipped
with an event recording device that is able to record or transmit any information described
in subdivision 1, paragraph (a), clause (2) or (6), and that ability is part of a subscription
service for the motor vehicle, the subscription service must disclose that fact in the
agreement for the service.

Subd. 6.

Violations.

A violation of this section is a misdemeanor.