109 HR 5609 IH: To require automobile dealers to disclose to consumers U.S. House of Representatives 2006-06-14 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 109th CONGRESS 2d Session H. R. 5609 IN THE HOUSE OF REPRESENTATIVES June 14, 2006 Mrs. Bono (for herself and Mr. Capuano) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To require automobile dealers to disclose to consumers the presence of event data recorders, or black boxes, on new automobiles, and to require manufacturers to provide the consumer with the option to enable and disable such devices on future automobiles.

1.

Findings

Congress finds the following: (1)Consumers have the right to know that event data recorders are installed in their vehicles, that they are capable of collecting data recorded in automobile accidents, and how such data may be used. (2)From the standpoint of consumer privacy rights, most consumers are not aware that their vehicles are recording data that not only may be used to aid traffic safety analyses, but has the potential of being used against them in a civil or criminal proceeding, or by their insurer to increase rates. (3)There exists no Federal law clarifying the rights of a vehicle owner to ownership of the recorded data and, in the absence of Federal direction, States have begun to create different standards of ownership and rights for recorded data.

2.

Disclosure of event data recorders on automobiles

(a)

Required Disclosure

In accordance with regulations prescribed by the Federal Trade Commission under section 5(c), a dealer shall disclose, to each consumer who purchases a new automobile, in a clear and conspicuous written format at the time of purchase, the following information regarding any event data recorder installed on such new automobile— (1)the presence and location of an event data recorder; (2)the type of information recorded by the event data recorder and how such information is recorded; and (3)that the information recorded by the event data recorder also may be used in a law enforcement proceeding. (b)

Required Disclosures in Owner’s Manual

The manufacturer shall include, in clear and conspicuous language in the owner’s manual of any new automobile containing an event data recorder, the disclosures required by subsection (a).

3.

Ownership and retrieval of event data recorder data

Any event data recorder in the vehicle and any data recorded on any event data recorder in the vehicle shall be considered the property of the owner of the vehicle. Data that is recorded on any event data recorder may not be downloaded or otherwise retrieved by a person other than the owner of the motor vehicle, except under one of the following circumstances: (1)The owner of the motor vehicle or the owner’s agent or legal representative consents to the retrieval of the information. (2)In response to an order of a court having jurisdiction to issue the order. (3)The data is retrieved by a motor vehicle dealer, or by an automotive technician for the purpose of diagnosing, servicing, or repairing the motor vehicle. (4)For the purpose of improving motor vehicle safety, including medical research on the human body’s reaction to motor vehicle accidents, provided that the identity of the registered owner or driver is not disclosed in connection with that retrieved data.

4.

Requirement for event data recorders on new automobiles

No person may manufacture for sale, sell, offer for sale, introduce or deliver into interstate commerce, or import into the United States, an automobile manufactured after 2008 (and bearing a model year of 2009 or later) that is equipped with an event data recorder, unless such event data recorder includes a function whereby the consumer has the option to enable or disable the recording function of the event data recorder. Once disabled, the recording function shall not resume functioning until the consumer elects to enable such functioning.

5.

Enforcement

(a)

Treatment of Violations as Unfair or Deceptive Acts or Practices

A violation of section 2, 3 or 4 shall be treated as a violation of a rule defining an unfair or deceptive act or practice prescribed under section 18(a)(1)(B) of the Federal Trade Commission Act (15 U.S.C. 57a(a)(1)(B)). (b)

Federal Trade Commission Authority

The Federal Trade Commission shall enforce this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made a part of this Act. (c)

Rulemaking

Within 180 days following the enactment of this Act, the Federal Trade Commission shall prescribe regulations to carry out this Act, including guidelines setting forth a uniform method by which a dealer may provide the disclosures and options required by section 2.

6.

Definitions

As used in this Act: (1)The term consumer has the meaning given the term ultimate purchaser in section 2 of the Automobile Information Disclosure Act (15 U.S.C. 1231). (2)The term dealer has the meaning given that term in section 30102(a) of title 49, United States Code. (3)The term event data recorder means any device or means of technology installed in an automobile that records information such as vehicle speed, seatbelt use, application of brakes or other information pertinent to the operation of the automobile. (4)The terms manufacturer and new automobile have the meanings given those terms in section 2 of the Automobile Information Disclosure Act (15 U.S.C. 1231).

7.

Effective date

This Act shall take effect 180 days after the date of enactment of this Act.