Committee Substitute House Bill 2850 History

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HB2850 SUB


H. B. 2850

(By Delegates Perdue, Barker, Talbott,

Amores and Eldridge)

(Originating in the Committee on the Judiciary)

[March 21, 2005]

A BILL to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17A-13-1, §17A-13-2, §17A-13-3 and §17A-13-4, all relating to regulating the use of automobile Event Data Recorders.

Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §17A-13-1, §17A-13-2, §17A-13-3 and §17A-13-4, all to read as follows:
§17A-13-1. Definitions.
As used in this article:
(1) "Owner" means a person having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents, or creates a security interest in the vehicle; a person entitled to the possession of a vehicle as the purchaser under a security agreement; or the person entitled to possession of the vehicle as lessees pursuant to a written lease agreement, provided such agreement at inception is for a period in excess of three (3) months; and
(2) "Recording device" means a feature 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:
(A) Records vehicle speed or direction;
(B) Records vehicle location data;
(C) Records vehicle steering performance;
(D) Records vehicle brake performance, including, but not limited to, whether brakes were applied before a crash;
(E) Records the driver's seatbelt status; or
(F) Has the ability to transmit information concerning a crash in which the motor vehicle has been involved to a central communications system when a crash occurs.
§17A-13-2. Manufacturers of motor vehicles containing recording devices required to disclose such information in owner's manual.

A manufacturer of a new motor vehicle sold, leased or rented in this state that is equipped with one or more recording devices commonly referred to as "event data recorders" (EDR), including "sensing and diagnostic modules" (SDM), shall disclose that fact in the owner's manual for the vehicle.
§17A-13-3. Permitted uses of information recorded by recording device.

(a) Data described in section one of this article that is recorded on a recording device may not be downloaded or otherwise retrieved by a person other than the owner of the motor vehicle at the time is accessed, except under one of the following circumstances:
(1) The owner of the motor vehicle or the owner's agent or legal representative consents to the retrieval of the information;
(2) In response to an order of a court or administrative authority having jurisdiction to issue the order;
(3) For the purpose of improving motor vehicle safety, security or traffic management, including medical research of the human body's reaction to motor vehicle accidents: Provided, That the identity of the owner or driver is not disclosed in connection with that retrieved data. The disclosure of the vehicle identification number (VIN) with the last four digits deleted, for the purpose of this subsection, does not constitute the disclosure of the identity of the owner or driver;
(4) The data is retrieved by a licensed new motor vehicle dealer, or by an automotive technician, for the purpose of diagnosing, servicing or repairing the motor vehicle: Provided, That the retrieved data may not be revealed to any person other than the owner of the motor vehicle without the consent of the owner of the motor vehicle or the owner's agent or legal representative.
(5) The data is retrieved for the purpose of determining the need for facilitating emergency medical response in the event of a motor vehicle crash.
(b) A person, including a service or data processor operating on behalf of such person, authorized to download or otherwise retrieve data from a recording device pursuant to subdivision three, subsection (a) of this section, may not release that data, except to share the data among the motor vehicle safety and medical research communities to advance motor vehicle safety, and only if the identity of the owner or driver is not disclosed.
§17A-13-4. Disclosure required for recording devices that are part of a subscription plan.

(a) If a motor vehicle is equipped with a recording device that is capable of recording or transmitting information as described in subsection section one of this article and that capability is part of a subscription service, the fact that the information may be recorded or transmitted shall be disclosed in the subscription service agreement.
(b) Subdivision three, subsection (a), section three of this article does not apply to subscription services meeting the requirements of subsection (a) of this section.
§17A-13-5. Effective date of this article.
This section applies to all motor vehicles manufactured on or
after July 1, 2005.

NOTE: The purpose of this section is to
regulate the use of automobile Event Data Recorders.

This article is new; therefore, strike-throughs and underscoring have been omitted.
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