Event Data Recorder
- Thread starter FlorIdaho Chris
- Start date
109th Congress on EDR as of June 14 2006
109th CONGRESS
2d Session
H. R. 5609
To require automobile dealers to disclose to consumers the presence of
event data recorders, or `black boxes', on new automobiles, and to
require manufacturers to provide the consumer with the option to
enable and disable such devices on future automobiles.
IN THE HOUSE OF REPRESENTATIVES
June 14, 2006
Mrs. BONO (for herself and Mr. CAPUANO) introduced the following
bill; which was referred to the Committee on Energy and Commerce
A BILL
To require automobile dealers to disclose to consumers the presence of
event data recorders, or `black boxes', on new automobiles, and to
require manufacturers to provide the consumer with the option to
enable and disable such devices on future automobiles.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress finds the following:
(1) Consumers have the right to know that event data
recorders are installed in their vehicles, that they are
capable of collecting data recorded in automobile
accidents, and how such data may be used.
(2) From the standpoint of consumer privacy rights, most
consumers are not aware that their vehicles are recording
data that not only may be used to aid traffic safety
analyses, but has the potential of being used against them
in a civil or criminal proceeding, or by their insurer to
increase rates.
(3) There exists no Federal law clarifying the rights of a
vehicle owner to ownership of the recorded data and, in
the absence of Federal direction, States have begun to
create different standards of ownership and rights for
recorded data.
SEC. 2. DISCLOSURE OF EVENT DATA RECORDERS ON
AUTOMOBILES.
(a) Required Disclosure- In accordance with regulations
prescribed by the Federal Trade Commission under section 5(c),
a dealer shall disclose, to each consumer who purchases a new
automobile, in a clear and conspicuous written format at the
time of purchase, the following information regarding any event
data recorder installed on such new automobile--
(1) the presence and location of an event data recorder;
(2) the type of information recorded by the event data
recorder and how such information is recorded; and
(3) that the information recorded by the event data
recorder also may be used in a law enforcement
proceeding.
(b) Required Disclosures in Owner's Manual- The manufacturer
shall include, in clear and conspicuous language in the owner's
manual of any new automobile containing an event data
recorder, the disclosures required by subsection (a).
SEC. 3. OWNERSHIP AND RETRIEVAL OF EVENT DATA
RECORDER DATA.
Any event data recorder in the vehicle and any data recorded on
any event data recorder in the vehicle shall be considered the
property of the owner of the vehicle. Data 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,
except under one of the following circumstances:
(1) The owner of the motor vehicle or the owner's agent or
legal representative consents to the retrieval of the
information.
(2) In response to an order of a court having jurisdiction to
issue the order.
(3) 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.
(4) For the purpose of improving motor vehicle safety,
including medical research on the human body's reaction
to motor vehicle accidents, provided that the identity of
the registered owner or driver is not disclosed in
connection with that retrieved data.
SEC. 4. REQUIREMENT FOR EVENT DATA RECORDERS ON
NEW AUTOMOBILES.
No person may manufacture for sale, sell, offer for sale,
introduce or deliver into interstate commerce, or import into the
United States, an automobile manufactured after 2008 (and
bearing a model year of 2009 or later) that is equipped with an
event data recorder, unless such event data recorder includes a
function whereby the consumer has the option to enable or
disable the recording function of the event data recorder. Once
disabled, the recording function shall not resume functioning
until the consumer elects to enable such functioning.
SEC. 5. ENFORCEMENT.
(a) Treatment of Violations as Unfair or Deceptive Acts or
Practices- A violation of section 2, 3 or 4 shall be treated as a
violation of a rule defining an unfair or deceptive act or practice
prescribed under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)).
(b) Federal Trade Commission Authority- The Federal Trade
Commission shall enforce this Act in the same manner, by the
same means, and with the same jurisdiction, powers, and duties
as though all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this Act.
(c) Rulemaking- Within 180 days following the enactment of this
Act, the Federal Trade Commission shall prescribe regulations to
carry out this Act, including guidelines setting forth a uniform
method by which a dealer may provide the disclosures and
options required by section 2.
SEC. 6. DEFINITIONS.
As used in this Act:
(1) The term `consumer' has the meaning given the term
`ultimate purchaser' in section 2 of the Automobile
Information Disclosure Act (15 U.S.C. 1231).
(2) The term `dealer' has the meaning given that term in
section 30102(a) of title 49, United States Code.
(3) The term `event data recorder' means any device or
means of technology installed in an automobile that
records information such as vehicle speed, seatbelt use,
application of brakes or other information pertinent to the
operation of the automobile.
(4) The terms `manufacturer' and `new automobile' have
the meanings given those terms in section 2 of the
Automobile Information Disclosure Act (15 U.S.C. 1231).
SEC. 7. EFFECTIVE DATE.
This Act shall take effect 180 days after the date of enactment of
this Act.
109th CONGRESS
2d Session
H. R. 5609
To require automobile dealers to disclose to consumers the presence of
event data recorders, or `black boxes', on new automobiles, and to
require manufacturers to provide the consumer with the option to
enable and disable such devices on future automobiles.
IN THE HOUSE OF REPRESENTATIVES
June 14, 2006
Mrs. BONO (for herself and Mr. CAPUANO) introduced the following
bill; which was referred to the Committee on Energy and Commerce
A BILL
To require automobile dealers to disclose to consumers the presence of
event data recorders, or `black boxes', on new automobiles, and to
require manufacturers to provide the consumer with the option to
enable and disable such devices on future automobiles.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. FINDINGS.
Congress finds the following:
(1) Consumers have the right to know that event data
recorders are installed in their vehicles, that they are
capable of collecting data recorded in automobile
accidents, and how such data may be used.
(2) From the standpoint of consumer privacy rights, most
consumers are not aware that their vehicles are recording
data that not only may be used to aid traffic safety
analyses, but has the potential of being used against them
in a civil or criminal proceeding, or by their insurer to
increase rates.
(3) There exists no Federal law clarifying the rights of a
vehicle owner to ownership of the recorded data and, in
the absence of Federal direction, States have begun to
create different standards of ownership and rights for
recorded data.
SEC. 2. DISCLOSURE OF EVENT DATA RECORDERS ON
AUTOMOBILES.
(a) Required Disclosure- In accordance with regulations
prescribed by the Federal Trade Commission under section 5(c),
a dealer shall disclose, to each consumer who purchases a new
automobile, in a clear and conspicuous written format at the
time of purchase, the following information regarding any event
data recorder installed on such new automobile--
(1) the presence and location of an event data recorder;
(2) the type of information recorded by the event data
recorder and how such information is recorded; and
(3) that the information recorded by the event data
recorder also may be used in a law enforcement
proceeding.
(b) Required Disclosures in Owner's Manual- The manufacturer
shall include, in clear and conspicuous language in the owner's
manual of any new automobile containing an event data
recorder, the disclosures required by subsection (a).
SEC. 3. OWNERSHIP AND RETRIEVAL OF EVENT DATA
RECORDER DATA.
Any event data recorder in the vehicle and any data recorded on
any event data recorder in the vehicle shall be considered the
property of the owner of the vehicle. Data 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,
except under one of the following circumstances:
(1) The owner of the motor vehicle or the owner's agent or
legal representative consents to the retrieval of the
information.
(2) In response to an order of a court having jurisdiction to
issue the order.
(3) 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.
(4) For the purpose of improving motor vehicle safety,
including medical research on the human body's reaction
to motor vehicle accidents, provided that the identity of
the registered owner or driver is not disclosed in
connection with that retrieved data.
SEC. 4. REQUIREMENT FOR EVENT DATA RECORDERS ON
NEW AUTOMOBILES.
No person may manufacture for sale, sell, offer for sale,
introduce or deliver into interstate commerce, or import into the
United States, an automobile manufactured after 2008 (and
bearing a model year of 2009 or later) that is equipped with an
event data recorder, unless such event data recorder includes a
function whereby the consumer has the option to enable or
disable the recording function of the event data recorder. Once
disabled, the recording function shall not resume functioning
until the consumer elects to enable such functioning.
SEC. 5. ENFORCEMENT.
(a) Treatment of Violations as Unfair or Deceptive Acts or
Practices- A violation of section 2, 3 or 4 shall be treated as a
violation of a rule defining an unfair or deceptive act or practice
prescribed under section 18(a)(1)(B) of the Federal Trade
Commission Act (15 U.S.C. 57a(a)(1)(B)).
(b) Federal Trade Commission Authority- The Federal Trade
Commission shall enforce this Act in the same manner, by the
same means, and with the same jurisdiction, powers, and duties
as though all applicable terms and provisions of the Federal
Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated
into and made a part of this Act.
(c) Rulemaking- Within 180 days following the enactment of this
Act, the Federal Trade Commission shall prescribe regulations to
carry out this Act, including guidelines setting forth a uniform
method by which a dealer may provide the disclosures and
options required by section 2.
SEC. 6. DEFINITIONS.
As used in this Act:
(1) The term `consumer' has the meaning given the term
`ultimate purchaser' in section 2 of the Automobile
Information Disclosure Act (15 U.S.C. 1231).
(2) The term `dealer' has the meaning given that term in
section 30102(a) of title 49, United States Code.
(3) The term `event data recorder' means any device or
means of technology installed in an automobile that
records information such as vehicle speed, seatbelt use,
application of brakes or other information pertinent to the
operation of the automobile.
(4) The terms `manufacturer' and `new automobile' have
the meanings given those terms in section 2 of the
Automobile Information Disclosure Act (15 U.S.C. 1231).
SEC. 7. EFFECTIVE DATE.
This Act shall take effect 180 days after the date of enactment of
this Act.
And if you live in Colorado
Colorado Revised Statutes
Title 12, Article 6, Part 4
Event Data Recorders
12-6-401. Definitions. As used in this part 4, unless the context otherwise requires:
(1) "Event data" means records of one or more of the following categories of information
concerning a motor vehicle, which records are captured by an event data recorder:
(a) whether the vehicle's air bag deployed;
(b) vehicle speed;
(c) vehicle direction;
(d) vehicle location;
(e) vehicle steering performance or use;
(f) vehicle brake performance or use; or
(g) vehicle seatbelt status or use.
(2) "Event data recorder" means a device or feature that is installed by the manufacturer
of a motor vehicle for the purpose of capturing or transmitting retrievable event data.
(3) "Owner" means:
(a) A person having all the incidents of ownership of a motor vehicle, including
legal title to the motor vehicle, regardless of whether the person lends, rents, or creates
a security interest in the vehicle;
(b) A person entitled to possession of a motor vehicle as the purchaser under a
security agreement; or
(c) A person entitled to possession of a vehicle as lessee under a written lease
agreement if the lease agreement is intended to last for more than three months at its
inception.
(4) "Owner's agent" means a natural person authorized by the owner within the last thirty
days or the owner's representative as defined by section 13-20-702 (3), c.r.s. 12-6-402.
Event Data Recorders.
(1) A manufacturer of a motor vehicle that is sold or leased in colorado with an event
data recorder shall in bold-faced type disclose, in the owner's manual, that the vehicle is
so equipped and, if so, the type of data recorded. A disclosure made by means of an
insert into the owner's manual shall be deemed a disclosure in the owner's manual.
(2) Event data that is recorded on an event data recorder is the personal information of
the motor vehicle's owner, and therefore, such information shall not be retrieved by a
person who is not the owner of the motor vehicle, except in the following circumstances:
(a) The owner of the motor vehicle or the owner's agent has consented to the
retrieval of the data within the last thirty days;
(b) The data is retrieved by a motor vehicle dealer or by an automotive technician
to diagnose, service, or repair the motor vehicle at the request of the owner or the
owner's agent;
(c) The data is subject to discovery pursuant to the Rules of Civil Procedure in a
claim arising out of a motor vehicle accident;
(d) A court or administrative agency having jurisdiction orders the data to be
retrieved;
(e) The event data recorder is installed after themanufacturer or motor vehicle
dealer sells the motor vehicle; or
(f) A peace officer retrieves the data pursuant to a court order as part of an
investigation of a suspected violation of a law that has caused, or contributed to the
cause of, an accident resulting in damage of property or injury to a person.
(3) (a) No person shall release event data unless authorized by paragraph (b) of this
subsection (3).
(b) A person authorized to download or retrieve data from an event data recorder
may release such data in the following circumstances:
(i) The owner of the motor vehicle or the owner's agent has consented to
the release of the data within the last thirty days;
(ii) The data is subject to discovery pursuant to the rules of civil procedure
in a claim arising out of a motor vehicle accident;
(iii) The data is released pursuant to a court order as part of an
investigation of a suspected violation of a law that has caused, or contributed to the
cause of, an accident resulting in appreciable damage of property or injury to a person;
(iv) If the identity of the owner or driver is not disclosed, the data is
released to a motor vehicle safety and medical research entity in order to advance motor
vehicle safety, security, or traffic management; or
(v) The data is released to a data processor solely for the purposes
permitted by this section if the identity of the owner or driver is not disclosed.
(4) (a) if a motor vehicle is equipped with an event data recorder that is capable of
recording or transmitting event data That is part of a subscription service, the fact that
the data may be recorded or transmitted and instructions for discontinuing the
subscription service or for disabling the event data recorder by a trained service
technician shall be prominently disclosed in the subscription service agreement. A
disclosure made by means of an insert into the service agreement shall be deemed a
disclosure in the service agreement.
(b) subsections (2) and (3) of this section shall not apply to subscription services
meeting the requirements of paragraph (a) of this subsection (4).
(5) a person who violates subsection (2) or (3) of this section commits a class 1
misdemeanor and shall be punished as provided In section 18-1.3-501, C.R.S. 12-6-403.
Applicability. This part 4 shall apply to motor vehicles manufactured on or after May 1,
2007.
Colorado Revised Statutes
Title 12, Article 6, Part 4
Event Data Recorders
12-6-401. Definitions. As used in this part 4, unless the context otherwise requires:
(1) "Event data" means records of one or more of the following categories of information
concerning a motor vehicle, which records are captured by an event data recorder:
(a) whether the vehicle's air bag deployed;
(b) vehicle speed;
(c) vehicle direction;
(d) vehicle location;
(e) vehicle steering performance or use;
(f) vehicle brake performance or use; or
(g) vehicle seatbelt status or use.
(2) "Event data recorder" means a device or feature that is installed by the manufacturer
of a motor vehicle for the purpose of capturing or transmitting retrievable event data.
(3) "Owner" means:
(a) A person having all the incidents of ownership of a motor vehicle, including
legal title to the motor vehicle, regardless of whether the person lends, rents, or creates
a security interest in the vehicle;
(b) A person entitled to possession of a motor vehicle as the purchaser under a
security agreement; or
(c) A person entitled to possession of a vehicle as lessee under a written lease
agreement if the lease agreement is intended to last for more than three months at its
inception.
(4) "Owner's agent" means a natural person authorized by the owner within the last thirty
days or the owner's representative as defined by section 13-20-702 (3), c.r.s. 12-6-402.
Event Data Recorders.
(1) A manufacturer of a motor vehicle that is sold or leased in colorado with an event
data recorder shall in bold-faced type disclose, in the owner's manual, that the vehicle is
so equipped and, if so, the type of data recorded. A disclosure made by means of an
insert into the owner's manual shall be deemed a disclosure in the owner's manual.
(2) Event data that is recorded on an event data recorder is the personal information of
the motor vehicle's owner, and therefore, such information shall not be retrieved by a
person who is not the owner of the motor vehicle, except in the following circumstances:
(a) The owner of the motor vehicle or the owner's agent has consented to the
retrieval of the data within the last thirty days;
(b) The data is retrieved by a motor vehicle dealer or by an automotive technician
to diagnose, service, or repair the motor vehicle at the request of the owner or the
owner's agent;
(c) The data is subject to discovery pursuant to the Rules of Civil Procedure in a
claim arising out of a motor vehicle accident;
(d) A court or administrative agency having jurisdiction orders the data to be
retrieved;
(e) The event data recorder is installed after themanufacturer or motor vehicle
dealer sells the motor vehicle; or
(f) A peace officer retrieves the data pursuant to a court order as part of an
investigation of a suspected violation of a law that has caused, or contributed to the
cause of, an accident resulting in damage of property or injury to a person.
(3) (a) No person shall release event data unless authorized by paragraph (b) of this
subsection (3).
(b) A person authorized to download or retrieve data from an event data recorder
may release such data in the following circumstances:
(i) The owner of the motor vehicle or the owner's agent has consented to
the release of the data within the last thirty days;
(ii) The data is subject to discovery pursuant to the rules of civil procedure
in a claim arising out of a motor vehicle accident;
(iii) The data is released pursuant to a court order as part of an
investigation of a suspected violation of a law that has caused, or contributed to the
cause of, an accident resulting in appreciable damage of property or injury to a person;
(iv) If the identity of the owner or driver is not disclosed, the data is
released to a motor vehicle safety and medical research entity in order to advance motor
vehicle safety, security, or traffic management; or
(v) The data is released to a data processor solely for the purposes
permitted by this section if the identity of the owner or driver is not disclosed.
(4) (a) if a motor vehicle is equipped with an event data recorder that is capable of
recording or transmitting event data That is part of a subscription service, the fact that
the data may be recorded or transmitted and instructions for discontinuing the
subscription service or for disabling the event data recorder by a trained service
technician shall be prominently disclosed in the subscription service agreement. A
disclosure made by means of an insert into the service agreement shall be deemed a
disclosure in the service agreement.
(b) subsections (2) and (3) of this section shall not apply to subscription services
meeting the requirements of paragraph (a) of this subsection (4).
(5) a person who violates subsection (2) or (3) of this section commits a class 1
misdemeanor and shall be punished as provided In section 18-1.3-501, C.R.S. 12-6-403.
Applicability. This part 4 shall apply to motor vehicles manufactured on or after May 1,
2007.
B O N Y
MODERATOR & FGT OWNER
And if you live in CA - pay attention to para (f)
9951. (a) A manufacturer of a new motor vehicle sold or leased in
this state that is equipped with one or more recording devices
commonly referred to as "event data recorders (EDR)" or "sensing and
diagnostic modules (SDM)," shall disclose that fact in the owner's
manual for the vehicle.
(b) As used in this section, "recording device" means a device
that is installed by the manufacturer of the vehicle and does one or
more of the following, for the purpose of retrieving data after an
accident:
(1) Records how fast and in which direction the motor vehicle is
traveling.
(2) Records a history of where the motor vehicle travels.
(3) Records steering performance.
(4) Records brake performance, including, but not limited to,
whether brakes were applied before an accident.
(5) Records the driver's seatbelt status.
(6) Has the ability to transmit information concerning an accident
in which the motor vehicle has been involved to a central
communications system when an accident occurs.
(c) Data described in subdivision (b) that is recorded on a
recording device may not be downloaded or otherwise retrieved by a
person other than the registered owner of the motor vehicle, except
under one of the following circumstances:
(1) The registered owner of the motor vehicle consents to the
retrieval of the information.
(2) In response to an order of a court having jurisdiction to
issue the order.
(3) For the purpose of improving motor vehicle safety, including
for medical research of the human body's reaction to motor vehicle
accidents, and the identity of the registered owner or driver is not
disclosed in connection with that retrieved data. The disclosure of
the vehicle identification number (VIN) for the purpose of improving
vehicle safety, including for medical research of the human body's
reaction to motor vehicle accidents, does not constitute the
disclosure of the identity of the registered owner or driver.
(4) The data is retrieved by a licensed new motor vehicle dealer,
or by an automotive technician as defined in Section 9880.1 of the
Business and Professions Code, for the purpose of diagnosing,
servicing, or repairing the motor vehicle.
(d) A person authorized to download or otherwise retrieve data
from a recording device pursuant to paragraph (3) of subdivision (c),
may not release that data, except to share the data among the motor
vehicle safety and medical research communities to advance motor
vehicle safety, and only if the identity of the registered owner or
driver is not disclosed.
(e) (1) If a motor vehicle is equipped with a recording device
that is capable of recording or transmitting information as described
in paragraph (2) or (6) of subdivision (b) and that capability is
part of a subscription service, the fact that the information may be
recorded or transmitted shall be disclosed in the subscription
service agreement.
(2) Subdivision (c) does not apply to subscription services
meeting the requirements of paragraph (1).
(f) This section applies to all motor vehicles manufactured on or
after July 1, 2004.
9951. (a) A manufacturer of a new motor vehicle sold or leased in
this state that is equipped with one or more recording devices
commonly referred to as "event data recorders (EDR)" or "sensing and
diagnostic modules (SDM)," shall disclose that fact in the owner's
manual for the vehicle.
(b) As used in this section, "recording device" means a device
that is installed by the manufacturer of the vehicle and does one or
more of the following, for the purpose of retrieving data after an
accident:
(1) Records how fast and in which direction the motor vehicle is
traveling.
(2) Records a history of where the motor vehicle travels.
(3) Records steering performance.
(4) Records brake performance, including, but not limited to,
whether brakes were applied before an accident.
(5) Records the driver's seatbelt status.
(6) Has the ability to transmit information concerning an accident
in which the motor vehicle has been involved to a central
communications system when an accident occurs.
(c) Data described in subdivision (b) that is recorded on a
recording device may not be downloaded or otherwise retrieved by a
person other than the registered owner of the motor vehicle, except
under one of the following circumstances:
(1) The registered owner of the motor vehicle consents to the
retrieval of the information.
(2) In response to an order of a court having jurisdiction to
issue the order.
(3) For the purpose of improving motor vehicle safety, including
for medical research of the human body's reaction to motor vehicle
accidents, and the identity of the registered owner or driver is not
disclosed in connection with that retrieved data. The disclosure of
the vehicle identification number (VIN) for the purpose of improving
vehicle safety, including for medical research of the human body's
reaction to motor vehicle accidents, does not constitute the
disclosure of the identity of the registered owner or driver.
(4) The data is retrieved by a licensed new motor vehicle dealer,
or by an automotive technician as defined in Section 9880.1 of the
Business and Professions Code, for the purpose of diagnosing,
servicing, or repairing the motor vehicle.
(d) A person authorized to download or otherwise retrieve data
from a recording device pursuant to paragraph (3) of subdivision (c),
may not release that data, except to share the data among the motor
vehicle safety and medical research communities to advance motor
vehicle safety, and only if the identity of the registered owner or
driver is not disclosed.
(e) (1) If a motor vehicle is equipped with a recording device
that is capable of recording or transmitting information as described
in paragraph (2) or (6) of subdivision (b) and that capability is
part of a subscription service, the fact that the information may be
recorded or transmitted shall be disclosed in the subscription
service agreement.
(2) Subdivision (c) does not apply to subscription services
meeting the requirements of paragraph (1).
(f) This section applies to all motor vehicles manufactured on or
after July 1, 2004.
B O N Y
MODERATOR & FGT OWNER
Not to hijack the thread, but any car with Northstar installed has a built in locator. If you call in, have the password they will tell you where the car is.
Privacy... went out when we entered the tech era.
In my business each truck/van has a gps, each salesman carries a handheld unit that transmits the order and other account information at the end of each call. We know if a vehicle is being driven improperly, we are concerned about safety, and maximizing the life and usage of our fleet.
The sales and route managers know if the drivers/salesman are on schedule, or not. It is mechanical, we have the ability to send messages out. Invoices are often printed in the truck based on the drop-off sheet the driver issues which can supercede an earlier order.
Privacy... went out when we entered the tech era.
In my business each truck/van has a gps, each salesman carries a handheld unit that transmits the order and other account information at the end of each call. We know if a vehicle is being driven improperly, we are concerned about safety, and maximizing the life and usage of our fleet.
The sales and route managers know if the drivers/salesman are on schedule, or not. It is mechanical, we have the ability to send messages out. Invoices are often printed in the truck based on the drop-off sheet the driver issues which can supercede an earlier order.
bony said:
Well it appears that one of the sensible congresswomen (Mary Bono) district 45 in the state of CA was behind the bill. http://bono.house.gov/
If I cant find out thru open sources, I'll call her office tomorrow and find out.
BlackICE
GT Owner
I am in CA, but aren't insurance companies interested in car safety too. Also data is always leaked, after the leak nothing in the law prevents the government, insurance company or plaintiff from using the data. What is the penalty for illegally disclosing this information? A law without penalty, is a law no one will be concerned about.
The only safe way is to erase or destroy the data before it can and will be used against you in a court of law.
For those to follow bicycle racing, look and all of the leaks against cyclist whose test results were secret.
BlackICE
The only safe way is to erase or destroy the data before it can and will be used against you in a court of law.
For those to follow bicycle racing, look and all of the leaks against cyclist whose test results were secret.
BlackICE
Last edited:
As promissed, I called Congresswoman Bono's (Widow of Sonny Bonon I believe) office and I learnt something new. If you go to www.thomas.loc.gov and type in the federal number HR 5609 not the state initiative you'll get a status. In short, the bill is in the house.
BlackICE
GT Owner
You are dreaming, Bono is a Republican and with the new congress I don't think this bill will pass. Also the bill only says, if the device exist, it must be disclosed to the buyer and that it can be turned off. Even it the bill passes that doesn't help us GT owners that cannot turn them off. This would only apply to new cars built.
BlackICE
BlackICE
SteveA
GT Owner/B.O.D
When a Enzo crashed a few months back out here in Ca., the police came out with a very specific speed he was doing. I wonder if that was a guess or taken from a data recorder?
I believe that, as bony said, it records the last few seconds or possibly more of what the car was doing just before a crash, or bag deployment. There is a concern right now going on, where private individuals are asking: does the law have a right to information stored on that (black) box, since they did not pay for it...and should not have a right to retrieve the info. But, the Insurance companies are siding with the cops......I dont believe that it would make much sense for any law enforcement agency to take the info on just any car crash, but in the case of serious injury..you can bet your bippy they will retrieve it..weather we like it or not.........the question that has been asked...is it admissible in court?....A good lawyer might answer that question.....
B O N Y
MODERATOR & FGT OWNER
red gt 1442 said:
when there is a big wreck, and always when deaths are involved (at least in
California) the cars get impounded.
B O N Y
MODERATOR & FGT OWNER
Recently at a Rotary meeting the California Highway Patrol Major Incident Team gave a presentation. They consist of a CalTrans Engineer, CHP Team leader with years of accident reconstruction background and one other experts. The know their stuff, even without a black box, their conclusions are normally on the money.
Sorry for bringing this up from the archives, BUT
Has anyone thought of a "Quick Disconnect" apparatus that would allow an owner to quickly remove the "Box" and take it with them in the event there is an accident? I don't think there is a law against it, is there?
Has anyone thought of a "Quick Disconnect" apparatus that would allow an owner to quickly remove the "Box" and take it with them in the event there is an accident? I don't think there is a law against it, is there?
BlackICE
GT Owner
Maybe it is related, but trying to research why and when a rocker in my engine failed I asked Roush if we could have access to the data recorded.
You see my idea was that if there had been a missed shift and/or an over rev we would have found it. That could have given us some indications.
Roush told me that the recording unit in the GT does not work that way. When there is a fault or something's not working properly then the recording unit takes a snapshot of the situation.
In my case a misfired had occurred so they were able to determine the rpms, the gear I was in, the vehicle speed, throttle angle etc.
But they could not perform a search for an over rev or braking the speed limit etc.
You see my idea was that if there had been a missed shift and/or an over rev we would have found it. That could have given us some indications.
Roush told me that the recording unit in the GT does not work that way. When there is a fault or something's not working properly then the recording unit takes a snapshot of the situation.
In my case a misfired had occurred so they were able to determine the rpms, the gear I was in, the vehicle speed, throttle angle etc.
But they could not perform a search for an over rev or braking the speed limit etc.
That's correct. When a problem occurs and a code is stored in the pcm ,whether it sets a ck engine light or not, a snap shot is recorded of what sensor inputs to the pcm were at the time of the problem along with engine rpm, mph, time engine was running, long and short fuel trims,engine load, boost, things like that. We are not able to look back to a specific day or time to see what speeds you were traveling.
K-P Garage
GT Owner
Here is a little more information on this
I started asking around at my Ford dealer and also asked the best Ford Parts man around, Maurice at Duval Ford in Jacksonville what he knew about it. Maurice really knows the GTs well from an anatomy perspective inside out so to speak. Here is what he said:
Kevin,
The way I understand it is this.
The GT along with probably every other car made today has air bags. The restraint system(air bags) is controlled by an airbag monitor or module although some call it a 'black box'. I've always known that component to be in charge of which air bags to deploy and the intensity of the discharge based upon the severity of the impact. These modules are one time use only and must be replaced once the vehicle has been involved in an accident. I have had body shops call me and tell me they are getting a 'memory full' code on the module and need it replaced but that is only after the part has done it's job. It isn't something that you can reset and reuse.
I've also NEVER, and I stress NEVER heard of an insurance or anybody else for that matter taking that part and trying to retrieve vehicle data off it for legal purposes. I've dealt with probably 100's of wrecked vehicles that have had airbag deployment and never had any of the body shop guys tell me that the insurance company has ever asked for the old part either.
I don't think that it(module) has the ability to record vehicle dynamics either.
The PCM(powertrain control module) doesn't record either as it is constantly monitoring vehicle systems real time and adjusting a multitude of things for optimum performance, safety, reliablity, etc.
Go Gators, back to back to back National Championships, Maurice
I started asking around at my Ford dealer and also asked the best Ford Parts man around, Maurice at Duval Ford in Jacksonville what he knew about it. Maurice really knows the GTs well from an anatomy perspective inside out so to speak. Here is what he said:
Kevin,
The way I understand it is this.
The GT along with probably every other car made today has air bags. The restraint system(air bags) is controlled by an airbag monitor or module although some call it a 'black box'. I've always known that component to be in charge of which air bags to deploy and the intensity of the discharge based upon the severity of the impact. These modules are one time use only and must be replaced once the vehicle has been involved in an accident. I have had body shops call me and tell me they are getting a 'memory full' code on the module and need it replaced but that is only after the part has done it's job. It isn't something that you can reset and reuse.
I've also NEVER, and I stress NEVER heard of an insurance or anybody else for that matter taking that part and trying to retrieve vehicle data off it for legal purposes. I've dealt with probably 100's of wrecked vehicles that have had airbag deployment and never had any of the body shop guys tell me that the insurance company has ever asked for the old part either.
I don't think that it(module) has the ability to record vehicle dynamics either.
The PCM(powertrain control module) doesn't record either as it is constantly monitoring vehicle systems real time and adjusting a multitude of things for optimum performance, safety, reliablity, etc.
Go Gators, back to back to back National Championships, Maurice