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| THE GENERAL ASSEMBLY OF PENNSYLVANIA |
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| HOUSE BILL |
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| INTRODUCED BY HARHAI, CALTAGIRONE, D. COSTA, DONATUCCI, FABRIZIO, HORNAMAN, JOSEPHS, KORTZ, KOTIK, KULA, MILLARD, MIRABITO, PASHINSKI, PETRARCA, SONNEY AND VULAKOVICH, MAY 11, 2011 |
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| REFERRED TO COMMITTEE ON TRANSPORTATION, MAY 11, 2011 |
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| AN ACT |
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1 | Providing for notice of motor vehicle event data recorders and |
2 | for information retrieval; imposing penalties; and providing |
3 | for evidentiary rules. |
4 | The General Assembly of the Commonwealth of Pennsylvania |
5 | hereby enacts as follows: |
6 | Section 1. Short title. |
7 | This act shall be known and may be cited as the Motor Vehicle |
8 | Event Data Recorder Act. |
9 | Section 2. Definitions. |
10 | The following words and phrases when used in this act shall |
11 | have the meanings given to them in this section unless the |
12 | context clearly indicates otherwise: |
13 | "Lease." A lease agreement between a lessor and lessee for a |
14 | term of at least 12 months. |
15 | "Motor vehicle event data recorder." A device installed in a |
16 | motor vehicle by the manufacturer of the vehicle for the purpose |
17 | of retrieving data about the operation of the motor vehicle, |
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1 | including data relating to speed, direction, location, |
2 | operational functioning and use of safety devices in the motor |
3 | vehicle. |
4 | "New motor vehicle." The term includes only a new motor |
5 | vehicle that is purchased or leased for personal use. |
6 | Section 3. New vehicle notice. |
7 | (a) Requirement.--The manufacturer of a new motor vehicle |
8 | sold or leased in this Commonwealth shall disclose the following |
9 | in the owner's manual of the vehicle: |
10 | (1) Whether the new motor vehicle is equipped with a |
11 | motor vehicle event data recorder. |
12 | (2) If the new motor vehicle is equipped with a motor |
13 | vehicle event data recorder: |
14 | (i) a description of the data which can be recorded; |
15 | and |
16 | (ii) notice that data downloaded or otherwise |
17 | retrieved by an event data recorder or similar device can |
18 | be used as evidence in legal proceedings. |
19 | (b) Penalty.--A violation of this act shall constitute a |
20 | violation of the act of December 17, 1968 (P.L.1224, No.387), |
21 | known as the Unfair Trade Practices and Consumer Protection Law. |
22 | Section 4. Information retrieval. |
23 | (a) Prohibition.--No individual may download or otherwise |
24 | retrieve a motor vehicle event data recorder or use the |
25 | information it has downloaded or otherwise retrieved from a |
26 | motor vehicle event data recorder unless one of the following |
27 | applies: |
28 | (1) The owner of the motor vehicle consents to the |
29 | downloading, retrieval or use. |
30 | (2) A lawfully issued subpoena. |
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1 | (3) After an accident involving the motor vehicle. |
2 | (4) The individual is an authorized person for purposes |
3 | related to improving vehicle safety, provided the identity of |
4 | the registered owner or driver is not disclosed. |
5 | (5) The motor vehicle event data recorder or data is |
6 | retrieved or used for the purpose of diagnosing, servicing or |
7 | repairing the vehicle. |
8 | (6) The National Transportation Safety Board makes a |
9 | request as part of an official accident investigation. |
10 | (b) Exemption.--Subsection (a) does not apply to |
11 | subscription services. |
12 | (c) Grading.--An individual who violates subsection (a) |
13 | commits a summary offense. |
14 | Section 5. Evidence. |
15 | (a) General rule.--Data from a motor vehicle event data |
16 | recorder that is downloaded, retrieved or used in violation of |
17 | this act is inadmissible in evidence in any civil, criminal or |
18 | administrative action. |
19 | (b) Use of evidence.--Data from a motor vehicle event data |
20 | recorder that is downloaded, retrieved or used in accordance |
21 | with this act shall be insufficient to support an adjudication |
22 | of the cause of a motor vehicle accident unless it is |
23 | corroborated by other evidence. |
24 | (c) Applicability.--This section shall apply to an action |
25 | initiated on or after the effective date of this section. |
26 | Section 6. Subscription services. |
27 | If a motor vehicle event recorder is installed as part of a |
28 | subscription service, the subscription service agreement shall |
29 | disclose that the device may record or transmit information as |
30 | described in section 3. |
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1 | Section 7. Effective date. |
2 | This act shall take effect in 60 days. |
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