CHAPTER 95
HB 599-FN – FINAL VERSION
30Mar2005… 0855h
01/18/06 0173s
02/16/06 0889s
2006 SESSION
03/10
HOUSE BILL 599-FN
AN ACT requiring disclosure to consumers of the presence of event data recording devices in new motor vehicles.
SPONSORS: Rep. Ferland, Sull 5; Rep. Dickinson, Carr 1; Rep. Phinizy, Sull 5; Rep. Bicknell, Rock 1; Rep. Packard, Rock 3; Sen. Letourneau, Dist 19
This bill requires disclosure to consumers of the presence of event data recording devices in new motor vehicles. This bill also limits the use of data recorded by event data recording devices.
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Explanation: Matter added to current law appears in bold italics.
Matter removed from current law appears [in brackets and struckthrough.]
Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.
30Mar2005… 0855h
01/18/06 0173s
02/16/06 0889s
05-0043
03/10
STATE OF NEW HAMPSHIRE
In the Year of Our Lord Two Thousand Six
AN ACT requiring disclosure to consumers of the presence of event data recording devices in new motor vehicles.
Be it Enacted by the Senate and House of Representatives in General Court convened:
95:1 New Chapter; Event Data Recording Devices in Motor Vehicles. Amend RSA by inserting after chapter 357-F the following new chapter:
CHAPTER 357-G
EVENT DATA RECORDING DEVICES IN MOTOR VEHICLES
357-G:1 Event Data Recorders.
I. As used in this section, “owner” means a person having all the incidents of ownership, including legal title of a vehicle, whether or not such persons 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 its inception is for a period in excess of 3 months.
II. As used in the section, “event data recorder” means a device that is installed by the manufacturer of the vehicle and does one or more of the following, for the purposes of capturing data for retrieval after a crash:
(a) Records vehicle speed or direction.
(b) Records vehicle location data.
(c) Records vehicle steering performance.
(d) Records vehicle brake performance, including but not limited to, whether brakes were applied before a crash.
(e) Records the driver’s seatbelt status.
(f) Has the ability to transmit information concerning a crash in which the motor vehicle has been involved to a central communications system or other external device when a crash occurs.
III. A manufacturer of a new motor vehicle sold or leased in this state, which is equipped with one or more event data recorders, including “sensing and diagnostic modules,” shall disclose that fact in the owner’s manual for the vehicle.
IV. If a vehicle is registered in this state, any event data recorder in the vehicle and any data recorded on any event data recorder in the vehicle is the property of the owner of the vehicle. Data described in paragraph II that is recorded on any event data recorder may not be downloaded or otherwise retrieved by a person other than the owner of the motor vehicle at the time of the event, 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.
(c) 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.
(d) 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.
V.(a) If a motor vehicle is equipped with an event data recorder device that is capable of recording or transmitting information as described in subparagraphs II(b) or II(f) and that capability is part of a subscription service, the fact that the information may be recorded or transmitted shall be disclosed in the terms and conditions of the subscription service agreement.
(b) Paragraph IV shall not apply to subscription services meeting the requirements of V(a).
VI. Violations of this section shall constitute an unfair or deceptive act or practice under RSA 358-A:2.
VII. This section applies to all motor vehicles manufactured on or after July 1, 2006.
95:2 Effective Date.
I. RSA 357-G:1, III as inserted by section 1 of this act shall take effect January 1, 2007.
II. The remainder of this act shall take effect July 1, 2006.
Approved: May 9, 2006
Effective: I. RSA 357-G:1, III as inserted by section 1 shall take effect January 1, 2007
II. Remainder shall take effect July 1, 2006