H. B. 2850
(By Delegates Perdue, Barker, Talbott,
Amores and Eldridge)
[Introduced March 3, 2005; referred to the
Committee on the Judiciary.]
A BILL to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §17A-13-1, §17A-13-2,
§17A-13-3 and §17A-13-4, all relating to regulating the use of
automobile Event Data Recorders, commonly known as "black
boxes."
Be it enacted by the Legislature of West Virginia:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §17A-13-1, §17A-13-2,
§17A-13-3 and §17A-13-4, all to read as follows:
ARTICLE 13. EVENT DATA RECORDERS.
§17A-13-1. Definitions.
As used in this article, "recording device" means a device
that is installed by the manufacturer of the vehicle and does one
or more of the following, for the purpose of retrieving data after
an accident:
(a) Records how fast and in which direction the motor vehicle is traveling;
(b) Records a history of where the motor vehicle travels;
(c) Records steering performance;
(d) Records brake performance, including, but not limited to,
whether brakes were applied before an accident;
(e) Records the driver's seatbelt status; or
(f) Has the ability to transmit information concerning an
accident in which the motor vehicle has been involved to a central
communications system when an accident occurs.
§17A-13-2.
Manufacturers of motor vehicles containing recording
devices required to disclose such information in
owner's manual.
A manufacturer of a new motor vehicle sold, leased or rented
in this state that is equipped with one or more recording devices
commonly referred to as "event data recorders (EDR)" or "sensing
and diagnostic modules (SDM)," shall disclose that fact in the
owner's manual for the vehicle.
§17A-13-3.
Permitted uses of information recorded by recording
device.
Data described in section one of this article that is recorded
on a recording device may not be downloaded or otherwise retrieved
by a person other than the registered owner of the motor vehicle,
except under one of the following circumstances:
(a) The registered owner of the motor vehicle consents to the
retrieval of the information;
(b) In response to an order of a court having jurisdiction to
issue the order;
(c) For the purpose of improving motor vehicle safety,
including medical research of the human body's reaction to motor
vehicle accidents, and the identity of the registered owner or
driver is not disclosed in connection with that retrieved data.
The disclosure of the vehicle identification number (VIN) for the
purpose of improving vehicle safety, including medical research of
the human body's reaction to motor vehicle accidents, does not
constitute the disclosure of the identity of the registered owner
or driver;
(d) The data is retrieved by a licensed new motor vehicle
dealer, or by an automotive technician, for the purpose of
diagnosing, servicing or repairing the motor vehicle.
(e) A person authorized to download or otherwise retrieve data
from a recording device pursuant to subsection (c) of this section,
may not release that data, except to share the data among the motor
vehicle safety and medical research communities to advance motor
vehicle safety, and only if the identity of the registered owner or
driver is not disclosed.
§17A-13-4. Disclosure required for recording devices that are part
of a subscription plan.
(a) If a motor vehicle is equipped with a recording device
that is capable of recording or transmitting information as
described in subsection (a) or (b), section one of this article and
that capability is part of a subscription service, the fact that
the information may be recorded or transmitted shall be disclosed
in the subscription service agreement.
(b) Subsection (c), section three of this article does not
apply to subscription services meeting the requirements of
subsection (a) of this section.
§17A-13-5. Effective date of this article.
This section applies to all motor vehicles manufactured on or
after July 1, 2005.
NOTE: The purpose of this section is to
regulate the use of
automobile Event Data Recorders, commonly known as "black boxes."
This article is new; therefore, strike-throughs and
underscoring have been omitted.
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