New Jersey-2024-A2948-Introduced

An Act concerning access to motor vehicle data and amending and supplementing P.L.2015, c.60.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. Section 1 of P.L.2015, c.60 (C.39:10B-7) is amended to read as follows:

1. As used in [this act] P.L.2015, c.60 (C.39:10B-7 et seq.):

"Manufacturer" means a person or business engaged in the manufacturing or assembling of new motor vehicles.

"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 a person entitled to possession of the vehicle as the lessee pursuant to a written lease agreement, provided such agreement at inception is for a period in excess of three months.

"Recorded data" means [the data stored or preserved electronically in a recording device identifying performance or operation information about the motor vehicle including, but not limited to the: speed of the motor vehicle or the direction in which the vehicle is traveling, or both; vehicle location data; vehicle steering performance; vehicle brake performance including, but not limited to, whether brakes were applied before a crash; driver's seatbelt status; and information concerning a crash in which the motor vehicle has been involved, including the ability to transmit such information to a central communications system. Recorded data excludes audio and video data] all data generated, or generated and retained, by the operation of a motor vehicle.

"Recording device" means an electronic system, and the physical device or mechanism containing the electronic system, that primarily, or incidental to its primary function, preserves or records, in electronic form, data collected by sensors or provided by other systems within the vehicle. A recording device includes event data recorders, sensing and diagnostic modules, electronic control modules, automatic crash notification systems, geographic information systems, and any other device that records and preserves data that can be accessed through that vehicle. A recording device shall not include personal recording devices, such as video cameras, dashboard cameras, or mobile telephones with recording capabilities.

"Vehicle data interface" means any device, application, program, or other mechanism that enables a manufacturer or other person to obtain and maintain direct, real-time, bidirectional accessibility and interoperability to the recorded data of a motor vehicle, as collected by a recording device, which device, application, program, or other mechanism may enable the storage, transmittal, alteration, or deletion of any recorded data or other information collected from or input by the owner of the motor vehicle.

(cf: P.L.2015, c.60, s.1)

2. Section 2 of P.L.2015, c.60 (C.39:10B-8) is amended to read as follows:

2. a. Except as provided in subsection c. of this section and section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), no person, except the owner of the motor vehicle that contains the recording device, or the owner's representative, may retrieve, obtain, or use data recorded, stored, or transmitted from the recording device, unless:

(1) [The] the owner of the motor vehicle, or the owner's representative, consents to the duration and scope of data retrieval, retention, and use, prior to or at the time the data is retrieved, obtained, or used;

(2) [The] the recorded data is retrieved or obtained by a law enforcement officer pursuant to a search warrant issued by a judge of the Superior Court or upon order by a court of competent jurisdiction or, except for recorded data concerning vehicle location, a grand jury subpoena;

(3) [The] the recorded data is used for the purpose of improving motor vehicle safety, security, performance, operation, compliance with traffic laws, or traffic management, including for medical research on physical reaction to motor vehicle accidents, provided that the identity of the owner, operator, or other occupant of the motor vehicle is not disclosed with respect to the data. For the purposes of this paragraph, the disclosure of a vehicle identification number with the last six numbers deleted shall not constitute disclosure of the identity of the owner, operator, or other occupant;

(4) [The] the recorded data is retrieved or obtained by a licensed new motor vehicle dealer, a motor vehicle repair or servicing facility and a technician or mechanic at such a facility, or the manufacturer of the motor vehicle, and used for the sole purpose of diagnosing, servicing, or repairing the motor vehicle;

(5) [The] the recorded data is accessed by an emergency response provider and used for the sole purpose of determining the need for or facilitating an emergency medical response in the event of a motor vehicle crash, and assisting the emergency response provider in performing its duties; or

(6) [The] the recorded data is retrieved or obtained pursuant to a legally proper discovery request or order in a civil action.

b. [Any person who retrieves or obtains recorded data, except] Except for a manufacturer that provides access to recorded data pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) or a law enforcement officer who retrieves or obtains the recorded data pursuant to paragraph (2) of subsection a. of this section, any person who retrieves or obtains recorded data shall not further disclose such data, except that a person may further disclose recorded data pursuant to paragraph (3), (4), or (5) of subsection a. of this section if the identity of the owner, operator, or other occupant of the motor vehicle is not disclosed, or the owner of the motor vehicle, or the owner's representative, consents to the additional disclosure prior to it being further disclosed.

c. Recorded data may be retrieved, obtained, and used by a subscription service provider pursuant to a subscription service agreement if the agreement discloses that the data may be recorded, stored, and transmitted.

(cf: P.L.2015, c.60, s.2)

3. (New section) a. Notwithstanding any provision of section 2 of P.L.2015, c.60 (C.39:10B-8) to the contrary, when the manufacturer of a motor vehicle retrieves or obtains the recorded data of the motor vehicle through a vehicle data interface, the manufacturer shall provide the owner of the motor vehicle or the owner's representative with access to the recorded data through the vehicle data interface. Except as otherwise provided in subsection c. of this section, the manufacturer shall provide access to the recorded data, as follows:

(1) free of charge, and without undue delay, upon the written request of the owner or representative;

(2) in same quality as the recorded data is available to the manufacturer, except that the data shall be transmitted to the owner or representative in a continuous, real-time manner through the vehicle data interface, and the data shall be accessible in a structured, commonly used, machine-readable format; and

(3) without condition or limitation, including, but not limited to, a fee or license to decrypt the recorded data or a requirement to use a device provided by the manufacturer to access and use the recorded data.

b. After the owner of a motor vehicle or the owner's representative receives access to recorded data pursuant to this section, the owner or owner's representative may transmit the recorded data to any other person or entity authorized by the owner, and, except as provided in subsection a. of section 3 of P.L.2015, c.60 (C.39:10B-9), the owner may delete any recorded data or other information input by the owner into the motor vehicle or recording device.

c. (1) Nothing in this section shall preclude a manufacturer from utilizing such cryptographic or technological protections as are necessary to secure any recorded data retrieved or obtained from a motor vehicle, except that the manufacturer shall enable the owner of the motor vehicle or the owner's representative to access, without condition or limitation, the recorded data in a structured, commonly used, machine-readable format.

(2) Nothing in this section shall require a manufacturer to divulge any trade secret, except that the manufacturer shall not deny access to recorded data solely due to the existence of a proprietary method for retrieving, obtaining, storing, using, or communicating the recorded data.

d. A manufacturer shall not request, encourage, or require the owner of a motor vehicle to waive the right to access any recorded data pursuant to this section, including, but not limited to, any requirement to enter into such waiver as a condition of purchasing, leasing, operating, or obtaining warranty repairs for the motor vehicle, or any offering of compensation or other incentive as an inducement to enter into such waiver. Any waiver obtained by a manufacturer on or after the effective date of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be null and void.

4. Section 3 of P.L.2015, c.60 (C.39:10B-9) is amended to read as follows:

3. a. No person shall knowingly alter or delete data on a recording device, or knowingly destroy a recording device with the intent to prevent access to or destroy the recorded data, within two years after a crash event that resulted in bodily injury or death.

b. (1) The alteration or deletion of data by a recording device with an overwriting or rewriting program or function, which is activated during the vehicle's normal operation, shall not be considered a knowing alteration or deletion pursuant to subsection a. of this section.

(2) There shall be a rebuttable presumption that a vehicle recycler or scrap recycling facility, as defined in section 3 of P.L.2005, c.54 (C.13:1E-99.84), has no knowledge of the involvement of a motor vehicle in a crash event that resulted in bodily injury or death.

c. A person in violation of subsection a. of this section or section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) shall be liable for a civil penalty of $5,000 for each offense, to be recoverable by the Chief Administrator of the New Jersey Motor Vehicle Commission pursuant to the provisions of the "Penalty Enforcement Law of 1999," P.L.1999, c.274 (C.2A:58-10 et seq.).

(cf: P.L.2015, c.60, s.3)

5. This act shall take effect immediately.

STATEMENT

This bill requires motor vehicle manufactures to provide the owner of a motor vehicle or the owner's representative with real-time access to certain motor vehicle data.

Under current law, a person other than the owner of a motor vehicle or the owner's representative is generally prohibited from obtaining or using certain motor vehicle data, known as "recorded data," which is collected from a recording device within the motor vehicle. However, a person other than the owner of a motor vehicle or the owner's representative may obtain or use recorded data in certain circumstances, such as upon the consent of the owner or representative.

Under the bill, when the manufacturer of a motor vehicle obtains recorded data through a vehicle data interface, the manufacturer would be required to provide the owner of the motor vehicle or the owner's representative with access to the recorded data through the vehicle data interface. For the purposes of this bill, a "vehicle data interface" is defined as any device, application, program, or other mechanism that enables a manufacturer or other person to obtain and maintain direct, real-time, bidirectional accessibility and interoperability to the recorded data of a motor vehicle as collected by a recording device. The bill also revises the definition of "recorded data" to include all data generated, or generated and retained, by the operation of a motor vehicle.

Specifically, the bill requires a manufacturer to provide access to recorded data: (1) free of charge, and without undue delay, upon the written request of the owner or representative; (2) in same quality as the recorded data is available to the manufacturer, except that the data is required to be transmitted in a continuous, real-time manner through the vehicle data interface and accessible in a structured, commonly used, machine-readable format; and (3) without condition or limitation, including, but not limited to, a fee or license to decrypt the recorded data or a requirement to use a device provided by the manufacturer to access and use the recorded data.

After the owner of a motor vehicle or the owner's representative receives access to recorded data from the manufacturer, the bill provides that the owner or representative may transmit the recorded data to any other person or entity authorized by the owner. The bill also provides that the owner of the motor vehicle may delete any recorded data or other information that was input by the owner into the motor vehicle or recording device, except as such deletions are otherwise prohibited under current law.

Under the bill, a manufacturer is prohibited from requesting, encouraging, or requiring the owner of any motor vehicle to waive the right to access recorded data. Any waiver entered into after the date of enactment of this bill would be deemed null and void.