II
111th CONGRESS
2d Session
S. 3271
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.
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
.
Findings
Congress makes the following findings:
In August 2001, the National Highway Traffic Safety Administration Research and Development Event Data Recorder Working Group published the following findings:
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.
.
EDR
technology has potential safety applications for all classes of motor
vehicles.
.
A wide
range of crash related and other data elements have been identified which might
usefully be captured by future EDR systems.
.
NHTSA has
incorporated EDR data collection in its motor vehicle research
databases.
.
Open
access to EDR data (minus personal identifiers) will benefit researchers, crash
investigators, and manufacturers in improving safety on the
highways.
.
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.
.
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.
.
Most
systems utilize proprietary technology and require the manufacturer to download
and analyze the data.
.
The National Highway Traffic Safety Administration (NHTSA) issued an event data recorder rule on August 28, 2006 (71 Fed. Reg. 50998), that—
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
did not require the installation of event data recorders in any motor vehicle.
Recent NHTSA investigations have highlighted the importance of event data recorders in determining the nature and cause of motor vehicle crashes and malfunctions.
Event data recorders
Section 30166 of title 49, United States Code, is amended—
by amending subsection (a) to read as follows:
Definitions
In this section:
Model year
The term model year means—
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
the calendar year for which the model year is named, if the manufacturer has no annual production period.
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.
Owner
The term owner means a person who—
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
is entitled to possession of a motor vehicle as—
a purchaser under a security agreement; or
a lessee under a written lease agreement for a period of at least 3 months.
Recording device
The term recording device means a feature that—
is installed by the manufacturer in a motor vehicle; and
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
in subsection
(b)(1)(B), by striking accident
and inserting
crash
;
in subsection
(c)(3), by striking accident
each place it appears and inserting
crash
; and
by adding at the end the following:
Event data recorders
Installation requirement
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—
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
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.
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—
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
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.
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).
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 court authorizes retrieval of such information in furtherance of a legal proceeding;
the owner consents to such retrieval for any purpose, including diagnosing, servicing, or repairing the motor vehicle; or
the information is retrieved by a government motor vehicle safety agency for the purpose of improving motor vehicle safety; and
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.
.
Rulemaking
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.
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.