[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[S. 3271 Introduced in Senate (IS)]

111th CONGRESS
  2d Session
                                S. 3271

To amend section 30166 of title 49, United States Code, to require the 
installation of event data recorders in all motor vehicles manufactured 
         for sale in the United States, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                             April 28, 2010

 Mr. Udall of New Mexico introduced the following bill; which was read 
     twice and referred to the Committee on Commerce, Science, and 
                             Transportation

_______________________________________________________________________

                                 A BILL


 
To amend section 30166 of title 49, United States Code, to require the 
installation of event data recorders in all motor vehicles manufactured 
         for sale in the United States, and for other purposes.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Vehicle Event History Information 
Capturing Leads to Engineering Safety Improvements Act of 2010'' or the 
``VEHICLE Safety Improvements Act of 2010''.

SEC. 2. FINDINGS.

    Congress makes the following findings:
            (1) In August 2001, the National Highway Traffic Safety 
        Administration Research and Development Event Data Recorder 
        Working Group published the following findings:
                    (A) ``EDRs [event data recorders] have the 
                potential to greatly improve highway safety, for 
                example, by improving occupant protection systems and 
                improving the accuracy of crash reconstructions.''.
                    (B) ``EDR technology has potential safety 
                applications for all classes of motor vehicles.''.
                    (C) ``A wide range of crash related and other data 
                elements have been identified which might usefully be 
                captured by future EDR systems.''.
                    (D) ``NHTSA has incorporated EDR data collection in 
                its motor vehicle research databases.''.
                    (E) ``Open access to EDR data (minus personal 
                identifiers) will benefit researchers, crash 
                investigators, and manufacturers in improving safety on 
                the highways.''.
                    (F) ``Studies of EDRs in Europe and the U.S. have 
                shown that driver and employee awareness of an on-board 
                EDR reduces the number and severity of drivers' 
                crashes.''.
                    (G) ``Given the differing nature of cars, vans, 
                SUVs, and other lightweight vehicles, compared to heavy 
                trucks, school buses, and motorcoaches, different EDR 
                systems may be required to meet the needs of each 
                vehicle class.''.
                    (H) ``Most systems utilize proprietary technology 
                and require the manufacturer to download and analyze 
                the data.''.
            (2) The National Highway Traffic Safety Administration 
        (NHTSA) issued an event data recorder rule on August 28, 2006 
        (71 Fed. Reg. 50998), that--
                    (A) included a number of technical requirements for 
                event data recorders if they were provided in the motor 
                vehicle, including standardized data required to be 
                collected, the data format, and requirements for the 
                event data recorder to be readable following severe 
                crashes; and
                    (B) did not require the installation of event data 
                recorders in any motor vehicle.
            (3) Recent NHTSA investigations have highlighted the 
        importance of event data recorders in determining the nature 
        and cause of motor vehicle crashes and malfunctions.

SEC. 3. EVENT DATA RECORDERS.

    Section 30166 of title 49, United States Code, is amended--
            (1) by amending subsection (a) to read as follows:
    ``(a) Definitions.--In this section:
            ``(1) Model year.--The term `model year' means--
                    ``(A) the annual production period of a 
                manufacturer that begins on September 1 of the year 
                preceding the calendar year for which the model year is 
                named; and
                    ``(B) the calendar year for which the model year is 
                named, if the manufacturer has no annual production 
                period.
            ``(2) Motor vehicle crash.--The term `motor vehicle crash' 
        means an occurrence associated with the maintenance or 
        operation of a motor vehicle or motor vehicle equipment 
        resulting in personal injury, death, or property damage.
            ``(3) Owner.--The term `owner' means a person who--
                    ``(A) has all the incidents of ownership of a motor 
                vehicle, including legal title, regardless of whether 
                the person lends, rents, or creates a security interest 
                in the vehicle; or
                    ``(B) is entitled to possession of a motor vehicle 
                as--
                            ``(i) a purchaser under a security 
                        agreement; or
                            ``(ii) a lessee under a written lease 
                        agreement for a period of at least 3 months.
            ``(4) Recording device.--The term `recording device' means 
        a feature that--
                    ``(A) is installed by the manufacturer in a motor 
                vehicle; and
                    ``(B) complies with part 563 of title 49, Code of 
                Federal Regulations, for the purpose of retrieving 
                information from the motor vehicle after an event 
                involving the motor vehicle.''; and
            (2) in subsection (b)(1)(B), by striking ``accident'' and 
        inserting ``crash'';
            (3) in subsection (c)(3), by striking ``accident'' each 
        place it appears and inserting ``crash''; and
            (4) by adding at the end the following:
    ``(o) Event Data Recorders.--
            ``(1) Installation requirement.--
                    ``(A) Light-duty motor vehicles.--Beginning not 
                later than the September 1 that is between 1 and 2 
                years after the date on which regulations are 
                promulgated under section 4(a) of the VEHICLE Safety 
                Improvements Act of 2010--
                            ``(i) each new motor vehicle with a gross 
                        vehicle weight rating of not more than 8,500 
                        pounds that manufactured for sale or lease in 
                        the United States shall be equipped with a 
                        recording device that complies with part 563 of 
                        title 49, Code of Federal Regulations (or any 
                        successor regulation); and
                            ``(ii) the data stored on any recording 
                        device installed in any such new motor vehicle 
                        shall be accessible and retrievable by a 
                        commercially available universal data reader.
                    ``(B) Medium- and heavy-duty motor vehicles.--
                Beginning not later than the September 1 that is 
                between 3 and 4 years after the date on which 
                regulations are promulgated under section 4(b) of the 
                VEHICLE Safety Improvements Act of 2010--
                            ``(i) each new motor vehicle with a gross 
                        vehicle weight rating of more than 8,500 pounds 
                        that is manufactured for sale or lease in the 
                        United States shall be equipped with a 
                        recording device that complies with part 563 of 
                        title 49, Code of Federal Regulations (or any 
                        successor regulation); and
                            ``(ii) the data stored on any recording 
                        device installed in any such new motor vehicle 
                        shall be accessible and retrievable by a 
                        commercially available universal data reader.
            ``(2) Disclosure.--The owner's manual of each new motor 
        vehicle sold or leased in the United States that is equipped 
        with a recording device shall clearly indicate the presence of 
        such a recording device, in accordance with section 563.11 of 
        title 49, Code of Federal Regulations (or any successor 
        regulation).
            ``(3) Privacy protection.--Information recorded or 
        transmitted by a recording device may not be retrieved by a 
        person other than the owner of the motor vehicle in which the 
        recording device is installed unless--
                    ``(A) a court authorizes retrieval of such 
                information in furtherance of a legal proceeding;
                    ``(B) the owner consents to such retrieval for any 
                purpose, including diagnosing, servicing, or repairing 
                the motor vehicle; or
                    ``(C)(i) the information is retrieved by a 
                government motor vehicle safety agency for the purpose 
                of improving motor vehicle safety; and
                    ``(ii) the personally identifiable information of 
                the owner or driver of the vehicle or the vehicle 
                identification number is not disclosed in connection 
                with the retrieved information.''.

SEC. 4. RULEMAKING.

    (a) Light-Duty Motor Vehicles.--Not later than 18 months after the 
date of the enactment of this Act, the Secretary of Transportation 
shall promulgate regulations to carry out the provisions of section 
30166(o) of title 49, United States Code, relating to light-duty motor 
vehicles.
    (b) Medium- and Heavy-Duty Motor Vehicles.--Not later than 3 years 
after the date of the enactment of this Act, the Secretary of 
Transportation shall promulgate regulations to carry out the provisions 
of section 30166(o) of title 49, United States Code, relating to 
medium- and heavy-duty motor vehicles.
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