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.
|D||Reed, John Jack||RI||0.177688075994|
|D||Stabenow, Debbie Ann||MI||0.119266154253|
|D||Harkin, Thomas Tom||IA||0.211303944729|
|D||Rockefeller, John Jay||WV||0.255671267087|
|D||Kohl, Herbert Herb||WI||0.278223792082|
|I||Sanders, Bernard Bernie||VT||0.0|
|R||Sessions, Jefferson Jeff||AL||0.87144366449|
|R||Grassley, Charles Chuck||IA||0.693067483217|
|R||Inhofe, James Jim||OK||0.965457190169|
|R||Isakson, John Johnny||GA||0.807557003462|
|R||Portman, Robert Rob||OH||0.603728102154|
|R||Toomey, Patrick Pat||PA||0.73791488107|
“Insurance companies could ask clients in return for lower rates to purchase or utilize such a system.”
Let’s say what this really means ...
“Insurance companies will automatically charge much higher rates unless you comply and give them unlimited access to this data.”
Got it right now.
I can’t believe how many of the sellouts are from traditionally non-RINO states. These people hate America.
Progressive Insurance company already has a voluntary “Snapshot Discount” they call it - a little black box device you plug in and it records your driving habits...for discounted insurance, of course...
Look into who owns Progressive insurance. There’s a reason he named it “Progressive.”
“...about rolling your own cigarettes...”
That makes sense having it in this bill.
Gives you something to do while you download the data from the little black box to your PC.
Plus, it will be a handy thing to know when you are sent to prison for violation of Rule 697543 of the Motor Laws for driving more than 40 miles/day in a gas or diesel powered vehicle.
This mandate hasn’t passed the House requiring the installation of EDRs but don’t forget these devices are on many vehicles running the roads today.
I’m sure we can find a way to upload fake data. It won’t take long.
22 Republicans UNSAT!
Arkansas Code 27-37-103 California Code 9950-9953 Colorado Statutes 12-6-4 Connecticut Public Act 07-235* Maine Statutes 29A-1-17-3 New Hampshire Statutes 357-G New York Laws 4A16 416-B Nevada Statutes 484.638 North Dakota Code 51-07-28 Oregon Revised Statutes 644 Texas Statutes 547.615 Virginia Code 46.2-1088.6 *Enacted in 2007, to be enrolled in the state statutes in 2008 State courts that have accepted EDR evidence as of Nov 8, 2007: Arizona California Colorado Florida Georgia Hawaii Illinois Maine Massachusetts Michigan Nevada New York Ohio Pennsylvania South Carolina South Dakota Texas Wisconsin Virginia -----
Go to their website for clickable links to the states and their data.
and what data would it contain to assist with the above?
let's see; GPS for location, the number of people in vehicle and .......
I was amazed at that Jimmy. 22 Repubs voted YEA on this, and 3 voted “NO VOTE”
This is a “conservative” party????
You are right it is about $$$, but not necessarily about tickets.
It is about TAXES! The gov’t wants all cars equipped with recording devices so they can implement and collect a mileage tax from the car owners. I have a friend developing this equipment, and the gov’t people they present it to are just drooling with the expected tax revenue they stand to collect.
The ticket thing will be used as well, but the tax angle is what OUR congresscritters are after.
Where did the TEA Party go?
And nobody will do anything. This, too, will pass.
Which means the government or agents of the government will have the ability to retrieve such data in real time or near real time. Which means they will eventually gather this data routinely and use this excuse when confronted. "Well, we needed to determine if medical response was needed."
This has passed the Senate, but it doesn’t have to pass the House of Reps.
Write your Representative!
they have to pass it to see what’s in it...
doubtful. not as a legit business , any way.
IE: see how many auto repair shops will take up your offer to remove a catalytic convertor.
doing in for cash on the downlow may be profitable.
I will begin now, to design a bypass switch.
Others can get rich installing the devices I sell.
It’s not like the state or the Insurance companies have a legal right to intrude.
What would be better is to feed it false information. When the retrieve it, it simply says...
F U B O!
F U Congress!
F U Big Brother!
Can You spell “On Star”