[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1015 Introduced in House (IH)]







110th CONGRESS
  1st Session
                                H. R. 1015

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.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           February 13, 2007

 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.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. FINDINGS.

    Congress finds the following:
            (1) 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.
            (2) 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.

SEC. 2. OWNERSHIP AND RETRIEVAL OF EVENT DATA RECORDER DATA.

    Any event data recorder in a vehicle and any data recorded on any 
event data recorder in a vehicle shall be considered the property of 
the owner of the vehicle. It shall be unlawful for any person other 
than the owner of the motor vehicle to download or otherwise retrieve 
data that is recorded on any event data recorder 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.

SEC. 3. REQUIREMENT FOR EVENT DATA RECORDERS ON NEW AUTOMOBILES.

    It shall be unlawful for any person to manufacture for sale, sell, 
offer for sale, introduce, or deliver into interstate commerce, or 
import into the United States, a new automobile manufactured after 2009 
(and bearing a model year of 2010 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.

SEC. 4. ENFORCEMENT.

    (a) Treatment of Violations as Unfair or Deceptive Acts or 
Practices.--A violation of section 2 or 3 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.

SEC. 5. 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).

SEC. 6. EFFECTIVE DATE.

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