PRINTER'S NO. 732
THE GENERAL ASSEMBLY OF PENNSYLVANIA
SENATE BILL
No.
728
Session of
2015
INTRODUCED BY WOZNIAK, GREENLEAF, FONTANA, GORDNER, BREWSTER,
TARTAGLIONE, VULAKOVICH, COSTA AND BOSCOLA, APRIL 14, 2015
REFERRED TO TRANSPORTATION, APRIL 14, 2015
AN ACT
Providing for notice of motor vehicle event data recorders and
for information retrieval; imposing penalties; and providing
for evidentiary rules.
The General Assembly of the Commonwealth of Pennsylvania
hereby enacts as follows:
Section 1. Short title.
This act shall be known and may be cited as the Motor Vehicle
Event Data Recorder Act.
Section 2. Definitions.
The following words and phrases when used in this act shall
have the meanings given to them in this section unless the
context clearly indicates otherwise:
"Authorized person." A licensed new motor vehicle dealer or
a licensed automotive technician.
"Lease." A lease agreement between a lessor and lessee for a
term of at least 12 months.
"Motor vehicle event data recorder." A device installed in a
motor vehicle by the manufacturer of the vehicle for the purpose
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
of retrieving data about the operation of the motor vehicle,
including data relating to speed, direction, location,
operational functioning and use of safety devices in the motor
vehicle.
"New motor vehicle." The term includes only a new motor
vehicle that is purchased or leased for personal use.
Section 3. New vehicle notice.
(a) Requirement.--The manufacturer of a new motor vehicle
sold or leased in this Commonwealth shall disclose the following
in the owner's manual of the vehicle:
(1) Whether the new motor vehicle is equipped with a
motor vehicle event data recorder.
(2) If the new motor vehicle is equipped with a motor
vehicle event data recorder:
(i) a description of the data which can be recorded;
and
(ii) notice that data downloaded or otherwise
retrieved by an event data recorder or similar device can
be used as evidence in legal proceedings.
(b) Penalty.--A violation of this act shall constitute a
violation of the act of December 17, 1968 (P.L.1224, No.387),
known as the Unfair Trade Practices and Consumer Protection Law.
Section 4. Information retrieval.
(a) General rule.--Only authorized persons may download or
otherwise retrieve information from a motor vehicle event data
recorder, and no information downloaded or otherwise retrieved
by authorized persons may be released or shared with any
individual except under one of the following circumstances:
(1) The owner of the motor vehicle consents to the
downloading, retrieval or use.
20150SB0728PN0732 - 2 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
(2) A court order, including after an accident involving
the motor vehicle, is lawfully issued.
(3) The motor vehicle event data recorder or data is
retrieved or used for research purposes related to improving
vehicle safety, provided the identity of the registered owner
or driver is not disclosed.
(4) The motor vehicle event data recorder or data is
retrieved or used for the purpose of diagnosing, servicing or
repairing the vehicle.
(5) The National Transportation Safety Board makes a
request as part of an official accident investigation.
(b) Exemption.--Subsection (a) does not apply to
subscription services.
(c) Grading.--An individual who violates subsection (a)
commits a summary offense.
Section 5. Evidence.
(a) General rule.--Data from a motor vehicle event data
recorder that is downloaded, retrieved or used in violation of
this act is inadmissible in evidence in any civil, criminal or
administrative action.
(b) Use of evidence.--Data from a motor vehicle event data
recorder that is downloaded, retrieved or used in accordance
with this act shall be insufficient to support an adjudication
of the cause of a motor vehicle accident unless it is
corroborated by other evidence.
(c) Applicability.--This section shall apply to an action
initiated on or after the effective date of this section.
Section 6. Subscription services.
If a motor vehicle event recorder is installed as part of a
subscription service, the subscription service agreement shall
20150SB0728PN0732 - 3 -
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
disclose that the device may record or transmit information as
described in section 3.
Section 7. Effective date.
This act shall take effect in 60 days.
20150SB0728PN0732 - 4 -
1
2
3
4