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This entry was published on 2014-09-22
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Vehicle data recording devices
Vehicle & Traffic (VAT) CHAPTER 71, TITLE 4, ARTICLE 16
§ 416-b. Vehicle data recording devices. 1. A manufacturer of a new
motor vehicle sold or leased in this state, which is equipped with one
or more recording devices commonly referred to as "event data recorders"
including "sensing and diagnostic modules" shall disclose that fact in
or along with the owner's manual for the vehicle.

2. As used in this section, (a) "event data recorder" means a feature
that is installed by the manufacturer of the vehicle and does one or
more of the following, for the purpose of capturing data for retrieval
after a crash:

(i) Records vehicle speed and/or direction.

(ii) Records vehicle location.

(iii) Records vehicle steering performance.

(iv) Records brake performance, including, but not limited to, whether
brakes were applied before a crash.

(v) Records the driver's seatbelt status.

(vi) Has the ability to transmit information concerning a crash in
which the motor vehicle has been involved to a central communications
system when a crash occurs.

(b) "owner" means a person having all the incidents of ownership,
including the legal title of a vehicle whether or not such person lends,
rents or creates a security interest in the vehicle; a person entitled
to the possession of a vehicle as the purchaser under a security
agreement; or the person entitled to possession of the vehicle as lessee
pursuant to a written lease agreement, provided such agreement at
inception is for a period in excess of three months.

3. Data described in subdivision two of this section that is recorded
on an event data recorder may not be downloaded or otherwise retrieved
by a person other than the owner of the motor vehicle at the time the
data is accessed, except under one of the following circumstances:

(a) The owner of the motor vehicle or the owner's agent or legal
representative consents to the retrieval of the information.

(b) In response to an order of a court or other judicial or
administrative authority having jurisdiction to issue the order.

(c) For the purpose of improving motor vehicle safety, security or
traffic management including for medical research of the human body's
reaction to motor vehicle crashes, provided that the identity of the
registered owner or driver is not disclosed in connection with that
retrieved data. For purposes of this section the disclosure of the
vehicle identification number (VIN) with the last four digits deleted,
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 as
defined in section four hundred fifteen of this article or by an
automotive technician trained in such retrieval and employed by a
registered motor vehicle repair shop as defined in article twelve-A of
this chapter, for the purpose of diagnosing, servicing, or repairing the
motor vehicle.

(e) The data is retrieved for the purpose of determining the need for
or facilitating emergency medical response in the event of a motor
vehicle crash.

4. A person, including a service or data processor operating on behalf
of such a person authorized to download or otherwise retrieve data from
an event data recorder pursuant to paragraph (c) of subdivision three of
this section, may not release that data, except for the purposes of
motor vehicle safety and medical research communities to advance motor
vehicle safety, security or traffic management, or to a data processor
solely for the purpose permitted by this subdivision, and only if the
identity of the owner or driver is not disclosed.

5. (a) If a motor vehicle is equipped with a recording device that is
capable of recording or transmitting information as described in
subparagraph (ii) or (vi) of paragraph (a) of subdivision two of this
section 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) Subdivision three of this section does not apply to subscription
services meeting the requirements of paragraph (a) of this subdivision.