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:
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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;
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(1) records how fast and in which direction the motor vehicle is traveling;
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(2) record a history of where the motor vehicle travels;
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(3) records steering performance;
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(4) records brake performance, including, but not limited to, whether brakes were
applied before an accident;
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(5) records the driver's seat belt status; or
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(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.
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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.
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(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:
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(1) the registered owner of the motor vehicle consents to the retrieval of the
information;
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(2) in response to an order of a court having jurisdiction to issue the order;
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(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
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(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.
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(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.
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(c) This subdivision does not apply to subscription services meeting the requirements
of paragraph (a).
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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.
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Section 1 is effective July 1, 2006, and applies to all motor vehicles manufactured
on or after that date.
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