H.R. 1015House110th Congress (2007-2009)In Committee

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.

Introduced February 13, 2007

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Commerce, Trade and Consumer Protection.

February 14, 2007

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HouseIntro Referral

Introduced in House

February 13, 2007

HouseIntro Referral

Referred to the House Committee on Energy and Commerce.

February 13, 2007

HouseCommittee

Referred to the Subcommittee on Commerce, Trade and Consumer Protection.

February 14, 2007

Floor Debate

7 members

What members said about H.R. 1015 on the floor

6 Republicans1 Democrat
Wm. Lacy Clay
Rep. Wm. Lacy ClayD-MO-1 · Apr 9, 2008

Mr. Speaker, I move that the House suspend the rules and pass the bill (H.R. 5489) to designate the facility of the United States Postal Service located at 6892 Main Street in Gloucester, Virginia,…

Robert J. Wittman
Rep. Robert J. WittmanR-VA-1 · Apr 9, 2008

Mr. Speaker, I rise today to urge my colleagues to support H.R. 5489, a bill to designate a United States Postal Service facility located at 6892 Main Street in Gloucester, Virginia, as the…

Kenny Marchant
Rep. Kenny MarchantR-TX-24 · Apr 9, 2008

Mr. Speaker, I yield myself as much time as I may consume. Mr. Speaker, born in North Carolina but a Virginian since the age of 9, Jo Ann Davis set the standard for Republican women in Virginia.…

Frank R. Wolf
Rep. Frank R. WolfR-VA-10 · Apr 9, 2008

Mr. Speaker, I rise in support of H.R. 5489, to designate the facility of the United States Postal Service located at 6892 Main Street in Gloucester, Virginia, as the ``Congresswoman Jo Ann S. Davis…

Thelma D. Drake
Rep. Thelma D. DrakeR-VA-2 · Apr 9, 2008

Mr. Speaker, I would certainly like to thank my colleagues for this resolution today in honor of my dear friend, Congresswoman Jo Ann Davis. Jo Ann really was the American dream, and we have all…

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Sue Wilkins Myrick
Rep. Sue Wilkins MyrickR-NC-9 · Apr 9, 2008

Mr. Speaker, I thank the gentleman for yielding and also for bringing this resolution forward as a small token of honor for Jo Ann Davis. All of us in this Chamber loved her because Jo Ann was Jo…

Eric Cantor
Rep. Eric CantorR-VA-7 · Apr 9, 2008

Mr. Speaker, just a few months ago, we said farewell to a great woman and a great patriot, my colleague of several years, Jo Ann Davis. Jo Ann was a terrific friend, and the Commonwealth of Virginia…

Bill Text

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Introduced in HouseIssued February 13, 2007

I

110th CONGRESS

1st Session

H. R. 1015

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.

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.

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.

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.

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.

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).

6.

Effective date

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