Skip to comments.SEC. 31406. VEHICLE EVENT DATA RECORDERS, Senate Bill 1813 (Big Brother Watches Bill Passes Senate)
Posted on 05/02/2012 11:16:14 AM PDT by xzins
SEC. 31406. VEHICLE EVENT DATA RECORDERS. (a) Mandatory Event Data Recorders-
(1) IN GENERAL- Not later than 180 days after the date of enactment of this Act, the Secretary shall revise part 563 of title 49, Code of Federal Regulations, to require, beginning with model year 2015, that new passenger motor vehicles sold in the United States be equipped with an event data recorder that meets the requirements under that part.
(2) PENALTY- The violation of any provision under part 563 of title 49, Code of Federal Regulations--
(A) shall be deemed to be a violation of section 30112 of title 49, United States Code;
(B) shall be subject to civil penalties under section 30165(a) of that title; and
(C) shall not subject a manufacturer (as defined in section 30102(a)(5) of that title) to the requirements under section 30120 of that title.
(b) Limitations on Information Retrieval-
(1) OWNERSHIP OF DATA- Any data in an event data recorder required under part 563 of title 49, Code of Federal Regulations, regardless of when the passenger motor vehicle in which it is installed was manufactured, is the property of the owner, or in the case of a leased vehicle, the lessee of the passenger motor vehicle in which the data recorder is installed.
(2) PRIVACY- Data recorded or transmitted by such a data recorder may not be retrieved by a person other than the owner or lessee of the motor vehicle in which the recorder is installed unless--
(A) a court authorizes retrieval of the information in furtherance of a legal proceeding;
(B) the owner or lessee consents to the retrieval of the information for any purpose, including the purpose of diagnosing, servicing, or repairing the motor vehicle;
(C) the information is retrieved pursuant to an investigation or inspection authorized under section 1131(a) or 30166 of title 49, United States Code, and the personally identifiable information of the owner, lessee, or driver of the vehicle and the vehicle identification number is not disclosed in connection with the retrieved information; or
(D) the information is retrieved for the purpose of determining the need for, or facilitating, emergency medical response in response to a motor vehicle crash.
(c) Report to Congress- Two years after the date of implementation of subsection (a), the Secretary shall study the safety impact and the impact on individual privacy of event data recorders in passenger motor vehicles and report its findings to the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives. The report shall include--
(1) the safety benefits gained from installation of event data recorders;
(2) the recommendations on what, if any, additional data the event data recorder should be modified to record;
(3) the additional safety benefit such information would yield;
(4) the estimated cost to manufacturers to implement the new enhancements;
(5) an analysis of how the information proposed to be recorded by an event data recorder conforms to applicable legal, regulatory, and policy requirements regarding privacy;
(6) a determination of the risks and effects of collecting and maintaining the information proposed to be recorded by an event data recorder;
(7) an examination and evaluation of the protections and alternative processes for handling information recorded by an event data recorder to mitigate potential privacy risks.
(d) Revised Requirements for Event Data Recorders- Based on the findings of the study under subsection (c), the Secretary shall initiate a rulemaking proceeding to revise part 563 of title 49, Code of Federal Regulations. The rule--
(1) shall require event data recorders to capture and store data related to motor vehicle safety covering a reasonable time period before, during, and after a motor vehicle crash or airbag deployment, including a rollover;
(2) shall require that data stored on such event data recorders be accessible, regardless of vehicle manufacturer or model, with commercially available equipment in a specified data format;
(3) shall establish requirements for preventing unauthorized access to the data stored on an event data recorder in order to protect the security, integrity, and authenticity of the data; and
(4) may require an interoperable data access port to facilitate universal accessibility and analysis.
(e) Disclosure of Existence and Purpose of Event Data Recorder- The rule issued under subsection (d) shall require that any owners manual or similar documentation provided to the first purchaser of a passenger motor vehicle for purposes other than resale--
(1) disclose that the vehicle is equipped with such a data recorder; and
(2) explain the purpose of the data recorder.
(f) Access to Event Data Recorders in Agency Investigations- Section 30166(c)(3)(C) of title 49, United States Code, is amended by inserting , including any electronic data contained within the vehicles diagnostic system or event data recorder after equipment.
(g) Deadline for Rulemaking- The Secretary shall issue a final rule under subsection (d) not later than 4 years after the date of enactment of this Act.
This passed the Senate a few weeks back, and is another 1600 page bill so full that no one can keep track of it.
They say, of course that you own the information, but then they say that a court, or an investigation, etc., can take it whether you want them to or not.
If I own the information, can I erase it any time I want?
For those of us who like classic muscle cars, time to stock up on spares.
The next step is random searches to see if you’ve been speeding in the past—automatic ticket.
Did this pass in the House?
Let’s get to work figuring out how to disable or fool these things. And let’s get the lawyers busy working up a Fourth and Fifth Amendment challenge.
Get OUT of our Lives!!
This has not yet passed the House of Representatives
Some entrepreneur will have these things disabled or overridden within weeks of coming out.
“Gosh officer, I have no idea what’s wrong with it, I didn’t even know it was there, honest!”
This can happen automatically through satelite and GPS. Expect before long to see counties and cash-strapped local governments begin issuing sitations to you via the mail because you once sped through their town. Don’t pay the fine, and your vehicle becomes immobilized.
It has not yet passed the House.
We need to rally our representatives!
The HUGE catch-all bills should be made illegal
It has not yet passed the House.
We need to rally our representatives!
These HUGE catch-all bills should be made illegal
Ray the Rino LaHood’s mileage tax...here it comes.
they sell it as accident reconstruction to “lower insurance rates”...just like Obamacare “will lower healthcare costs”...
However, now, turning every friggin vehicle into a data collection device for the Gov't is absurd.
'Conspiracy theorist' have long noted this would happen, this is just the beginning.
This MUST be stopped in the House of Representatives
Who are these freakin’ people who think the government should be keeping a constant eye on us?
General Motors and Ford have had these devices ,EDRs, on many of their models for some years now. As I understand them they are a continious recorder which rewrites over the data every so many seconds. Thus you have a continious flow of some time span, say 20 seconds which is preserved in the event of a crash, air bag deployment, etc. Some foreign mfgrs don’t use EDRs at all.
This will add significantly to the cost of your new car.
Wait until the Insurance companies start refusing to pay for your accident because you were in the wrong.
Hit a deer doing 10 mile over the limit. Tough jellybeans the Insurance won’t pay off.
Progressive is already doing this with their "Snapshot" program.
Electronic tickets coming our way.
This is all about collecting $$$, not safety.
Sent this to my congressman.
They need to install a direct line so I can leave daily messages while I am “driving” around in my goverment mandated Chevy Volt.