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                                                      PRINTER'S NO. 1441

THE GENERAL ASSEMBLY OF PENNSYLVANIA


SENATE BILL

No. 1050 Session of 2006


        INTRODUCED BY MADIGAN, WONDERLING, O'PAKE, ERICKSON, PUNT,
           STOUT, RAFFERTY, GORDNER, WENGER, PILEGGI, KASUNIC, CORMAN,
           FUMO, LAVALLE, COSTA, LEMMOND, GREENLEAF, TARTAGLIONE, EARLL,
           RHOADES AND KITCHEN, JANUARY 3, 2006

        REFERRED TO TRANSPORTATION, JANUARY 3, 2006

                                     AN ACT

     1  Amending Title 75 (Vehicles) of the Pennsylvania Consolidated
     2     Statutes, requiring manufacturers to disclose information
     3     relating to vehicles equipped with event data recorders or
     4     sensing and diagnostic modules.

     5     The General Assembly of the Commonwealth of Pennsylvania
     6  hereby enacts as follows:
     7     Section 1.  Title 75 of the Pennsylvania Consolidated
     8  Statutes is amended by adding a section to read:
     9  § 4109.  Recording devices.
    10     (a)  Disclosure required.--A manufacturer of a new motor
    11  vehicle sold or leased in this Commonwealth which is equipped
    12  with one or more recording devices, commonly referred to as
    13  event data recorders (EDR) or sensing and diagnostic modules
    14  (SDM), shall disclose that fact in the owner's manual for the
    15  vehicle.
    16     (b)  Use of data.--Data described under subsection (f) that
    17  is recorded on a recording device may not be downloaded or
    18  otherwise retrieved by a person other than the registered owner

     1  of the motor vehicle, except under one of the following
     2  circumstances:
     3         (1)  The registered owner of the motor vehicle consents
     4     to the retrieval of the information.
     5         (2)  In response to an order of a court having
     6     jurisdiction to issue the order.
     7         (3)  For the purpose of improving motor vehicle safety,
     8     including for medical research of the human body's reaction
     9     to motor vehicle accidents, and the identity of the
    10     registered owner or driver is not disclosed in connection
    11     with that retrieved data. The disclosure of the vehicle
    12     identification number for the purpose of improving vehicle
    13     safety, including for medical research of the human body's
    14     reaction to motor vehicle accidents, does not constitute the
    15     disclosure of the identity of the registered owner or driver.
    16         (4)  The data is retrieved by a licensed new motor
    17     vehicle dealer or by an automotive technician for the purpose
    18     of diagnosing, servicing or repairing the motor vehicle.
    19     (c)  Release of data.--A person authorized to download or
    20  otherwise retrieve data from a recording device in accordance
    21  with subsection (b)(3) may not release that data, except to
    22  share the data among the motor vehicle safety and medical
    23  research communities, to advance motor vehicle safety and only
    24  if the identity of the registered owner or driver is not
    25  disclosed.
    26     (d)  Subscription services.--
    27         (1)  If a motor vehicle is equipped with a recording
    28     device that is capable of recording or transmitting
    29     information as described in paragraph (2) or (6) of the
    30     definition of "recording device" under subsection (f) and
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     1     that capability is part of a subscription service, the fact
     2     that the information may be recorded or transmitted shall be
     3     disclosed in the subscription service agreement.
     4         (2)  Subsection (b) does not apply to subscription
     5     services meeting the requirements of paragraph (1).
     6     (e)  Applicability.--This section applies to all motor
     7  vehicles manufactured on or after July 1, 2006.
     8     (f)  Definition.--As used in this section, the term
     9  "recording device" means a device that is installed by the
    10  manufacturer of the vehicle and does one or more of the
    11  following, for the purpose of retrieving data after an accident:
    12         (1)  Records how fast and in which direction the motor
    13     vehicle is traveling.
    14         (2)  Records a history of where the motor vehicle
    15     travels.
    16         (3)  Records steering performance.
    17         (4)  Records brake performance, including, but not
    18     limited to, whether brakes were applied before an accident.
    19         (5)  Records the driver's seatbelt status.
    20         (6)  Has the ability to transmit information concerning
    21     an accident in which the motor vehicle has been involved to a
    22     central communications system when an accident occurs.
    23     Section 2.  This act shall take effect in 60 days.





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