S573

An Act concerning motor vehicle data recording devices and supplementing Title 39 of the Revised Statutes.

Be It Enacted by the Senate and General Assembly of the State of New Jersey:

1. As used in this act:

“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 a person entitled to possession of the vehicle as the lessee pursuant to a written lease agreement, provided such agreement at inception is for a period in excess of three months.

“Recorded data” means the data stored or preserved electronically in a recording device identifying performance or operation information about the motor vehicle including, but not limited to the: speed of the motor vehicle or the direction in which the vehicle is traveling, or both; vehicle location data; vehicle steering performance; vehicle brake performance including, but not limited to, whether brakes were applied before a crash; driver's seatbelt status; and information concerning a crash in which the motor vehicle has been involved, including the ability to transmit such information to a central communications system.

“Recording device” means an electronic system, and the physical device or mechanism containing the electronic system, that primarily, or incidental to its primary function, preserves or records, in electronic form, data collected by sensors or provided by other systems within the vehicle. A recording device includes event data recorders, sensing and diagnostic modules, electronic control modules, automatic crash notification systems, geographic information systems, and any other device that records and preserves data that can be accessed related to that vehicle.

2. A manufacturer of a new motor vehicle that is equipped with a recording device, installed by the manufacturer and sold or leased in this State, shall disclose that fact in or along with the owner’s manual for the vehicle.

3. a. Recorded data shall only be accessed by the motor vehicle owner, or with the consent of the motor vehicle owner or the owner’s agent or legal representative, except as provided pursuant to subsection b. of this section.

b. Recorded data may be downloaded or otherwise retrieved by a person other than the owner of the motor vehicle:

(1) if the owner of the motor vehicle or the owner's agent or legal representative has a contract with a third-party subscription service that requires access to a recording device or recorded data in order to perform the contract, so long as the subscription service contract includes a disclosure pursuant to section 4 of P.L. , c. (C. ) (pending before the Legislature as this bill) and the recorded data is only accessed and used in accordance with the contract;

(2) upon order by a court of competent jurisdiction or another administrative authority having jurisdiction to issue such an order;

(3) if the recorded data is accessed by an emergency response provider and is used for the sole purpose of determining the need for or facilitating an emergency medical response in the event of a motor vehicle crash and assisting them in performing their duties as emergency response providers;

(4) if a motor vehicle repair or servicing facility, including a licensed new motor vehicle dealer, or a technician or mechanic at such a facility, requires access to recorded data in order to carry out normal and ordinary diagnosing, servicing, and repair duties and the recorded data is used for the sole purpose of performing such duties; or

(5) 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 paragraph, the disclosure of the vehicle identification number with the last four digits deleted does not constitute the disclosure of the identity of the registered owner or driver.

c. A person, including a service or data processor operating on behalf of an emergency response provider authorized to download or otherwise retrieve data from a recording device pursuant to paragraph (3) of subsection b. 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 subsection, and only if the identity of the owner or driver is not disclosed.

d. The consent of the motor vehicle owner, or the owner’s agent or legal representative, for use of recorded data for purposes of investigating a motor vehicle accident or insurance claim shall not be requested or obtained until after the event giving rise to the claim has occurred, and shall not be made a condition of the defense, payment or settlement of an obligation or claim. For underwriting and rating purposes, the motor vehicle owner may provide consent either directly to the insurer or through and as certified by a named insured.

e. No person or facility, allowed to retrieve recorded data pursuant to paragraph (4) of subsection b. of this section, may transmit or otherwise convey the recorded data to a third party unless necessary to carry out their duties thereunder.

4. Any subscription service for a motor vehicle equipped with a recording device that is capable of recording vehicle location data, or information concerning a crash in which the motor vehicle has been involved that is transmitted to a central communications system, shall disclose, in the subscription service agreement or contract for the service, that such information may be recorded or transmitted.

5. After a crash event that resulted in bodily injury or death, no person shall knowingly alter or delete data on a recording device, or knowingly destroy a recording device, unless a reasonable amount of time sufficient for a law enforcement officer to obtain a search warrant has transpired.

6. a. No insurer shall refuse to renew a motor vehicle insurance policy solely because of the refusal of a motor vehicle owner to provide consent or access to recorded data from a recording device, pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill).

b. No insurer or agent shall reduce coverage, increase the insured’s premium, apply a surcharge, refuse to apply a discount other than a discount that is based on data recorded by a recording device, place in a less favorable tier, refuse to place in the company’s best tier, or when there are multiple companies available within a group of insurers, fail to place in the most favorably priced company solely because a motor vehicle owner refuses to allow an insurer access to recorded data from a recording device. However, nothing in this section shall prohibit an insurer from charging an actuarially sound rate in accordance with any existing law, rule, or regulation.

7. This act shall take effect immediately, except section 2 shall take effect on the first day of the month in which the manufacturer introduces the new model year motor vehicle that occurs at least six months after the date of enactment.

STATEMENT

This bill would require the disclosure of data recording devices, such as event data recorders, in motor vehicles, and further limit access to recorded data.

Specifically, at least six months after the bill’s effective date and upon introduction of a new model year motor vehicle, a manufacturer of a new motor vehicle that is equipped with a recording device must disclose that fact in or along with the owner’s manual for the vehicle. Any subscription service for a motor vehicle equipped with a recording device that is capable of recording vehicle location data, or information concerning a crash in which the motor vehicle has been involved that is transmitted to a central communications system, must also disclose that such information may be recorded or transmitted.

Section 3 of the bill provides that recorded data may only be accessed by the motor vehicle owner, or with the consent of the motor vehicle owner or the owner’s agent or legal representative, except:

(1) if the owner of the motor vehicle or the owner's agent or legal representative has a contract with a third-party subscription service that requires access to a recording device or recorded data in order to perform the contract, so long as the subscription service contract includes a disclosure and the recorded data is only accessed and used in accordance with the contract;

(2) upon order by a court of competent jurisdiction or another administrative authority having jurisdiction to issue such an order;

The bill prohibits a person from knowingly altering or deleting data on a recording device, or knowingly destroying a recording device, after a crash event that resulted in bodily injury or death, within a reasonable amount of time sufficient for a law enforcement officer to obtain a search warrant.

Furthermore, no insurer could refuse to renew a motor vehicle insurance policy solely because of the refusal of a motor vehicle owner to provide consent or access to recorded data from a recording device. No insurer or agent could reduce coverage, increase the insured’s premium, apply a surcharge, refuse to apply a discount other than a discount that is based on data recorded by a recording device, place in a less favorable tier, or refuse to place in the company’s best tier. When there are multiple companies available within a group of insurers, the bill prohibits insurers from failing to place in the most favorably priced company solely because a motor vehicle owner refuses to allow an insurer access to recorded data from a recording device.