THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY HARHAI, MARKOSEK, BOYD, BRENNAN, CALTAGIRONE, CARROLL, COHEN, CUTLER, DeLUCA, DENLINGER, FABRIZIO, FAIRCHILD, FRANKEL, FREEMAN, GEIST, GIBBONS, GROVE, GRUCELA, HALUSKA, HARKINS, HARPER, HENNESSEY, HESS, HORNAMAN, JOSEPHS, KORTZ, KOTIK, KULA, LONGIETTI, MELIO, METZGAR, MILLARD, MUNDY, MURT, O'NEILL, PALLONE, PETRARCA, PICKETT, RAPP, READSHAW, ROCK, ROHRER, SANTONI, SCAVELLO, SIPTROTH, STABACK, J. TAYLOR, WALKO AND YOUNGBLOOD, MARCH 25, 2009

REFERRED TO COMMITTEE ON TRANSPORTATION, MARCH 25, 2009  

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:

"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

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)  Prohibition.--No individual may download or otherwise

retrieve a motor vehicle event data recorder or use the

information it has downloaded or otherwise retrieved from a

motor vehicle event data recorder unless one of the following

applies:

(1)  The owner of the motor vehicle consents to the

downloading, retrieval or use.

(2)  A lawfully issued subpoena.

(3)  After an accident involving the motor vehicle.

(4)  The individual is an authorized person for purposes

related to improving vehicle safety, provided the identity of

the registered owner or driver is not disclosed.

(5)  The motor vehicle event data recorder or data is

retrieved or used for the purpose of diagnosing, servicing or

repairing the vehicle.

(6)  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

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.