Sponsored by:
Assemblyman JOHN F. MCKEON
District 27 (Essex and Morris)
SYNOPSIS
Requires vehicle manufacturers to provide real-time access to motor vehicle data to vehicle owners and representatives.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning access to motor vehicle data and amending and supplementing P.L.2015, c.60.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. Section 1 of P.L.2015, c.60 (C.39:10B-7) is amended to read as follows:
1. As used in [this act] P.L.2015, c.60 (C.39:10B-7 et seq.):
"Manufacturer" means a person or business engaged in the manufacturing or assembling of new motor vehicles.
"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. Recorded data excludes audio and video data] all data generated, or generated and retained, by the operation of a motor vehicle.
"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 through that vehicle. A recording device shall not include personal recording devices, such as video cameras, dashboard cameras, or mobile telephones with recording capabilities.
"Vehicle data interface" means any device, application, program, or other mechanism that enables a manufacturer or other person to obtain and maintain direct, real-time, bidirectional accessibility and interoperability to the recorded data of a motor vehicle, as collected by a recording device, which device, application, program, or other mechanism may enable the storage, transmittal, alteration, or deletion of any recorded data or other information collected from or input by the owner of the motor vehicle.
(cf: P.L.2015, c.60, s.1)
2. Section 2 of P.L.2015, c.60 (C.39:10B-8) is amended to read as follows:
2. a. Except as provided in subsection c. of this section and section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill), no person, except the owner of the motor vehicle that contains the recording device, or the owner's representative, may retrieve, obtain, or use data recorded, stored, or transmitted from the recording device, unless:
(1) [The] the owner of the motor vehicle, or the owner's representative, consents to the duration and scope of data retrieval, retention, and use, prior to or at the time the data is retrieved, obtained, or used;
(2) [The] the recorded data is retrieved or obtained by a law enforcement officer pursuant to a search warrant issued by a judge of the Superior Court or upon order by a court of competent jurisdiction or, except for recorded data concerning vehicle location, a grand jury subpoena;
(3) [The] the recorded data is used for the purpose of improving motor vehicle safety, security, performance, operation, compliance with traffic laws, or traffic management, including for medical research on physical reaction to motor vehicle accidents, provided that the identity of the owner, operator, or other occupant of the motor vehicle is not disclosed with respect to the data. For the purposes of this paragraph, the disclosure of a vehicle identification number with the last six numbers deleted shall not constitute disclosure of the identity of the owner, operator, or other occupant;
(4) [The] the recorded data is retrieved or obtained by a licensed new motor vehicle dealer, a motor vehicle repair or servicing facility and a technician or mechanic at such a facility, or the manufacturer of the motor vehicle, and used for the sole purpose of diagnosing, servicing, or repairing the motor vehicle;
(5) [The] the recorded data is accessed by an emergency response provider and 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 the emergency response provider in performing its duties; or
(6) [The] the recorded data is retrieved or obtained pursuant to a legally proper discovery request or order in a civil action.
b. [Any person who retrieves or obtains recorded data, except] Except for a manufacturer that provides access to recorded data pursuant to section 3 of P.L. , c. (C. ) (pending before the Legislature as this bill) or a law enforcement officer who retrieves or obtains the recorded data pursuant to paragraph (2) of subsection a. of this section, any person who retrieves or obtains recorded data shall not further disclose such data, except that a person may further disclose recorded data pursuant to paragraph (3), (4), or (5) of subsection a. of this section if the identity of the owner, operator, or other occupant of the motor vehicle is not disclosed, or the owner of the motor vehicle, or the owner's representative, consents to the additional disclosure prior to it bei