§ 51-07-28 — Recording devices on motor vehicles - Disclosure - Removal

1. A manufacturer of a new motor vehicle sold or leased in this state which is equipped
with a recording device commonly referred to as an event data recorder shall disclose
by model year 2007 the presence, capacity, and capabilities of the event data recorder
in the owner's manual for the vehicle. A motor vehicle dealer shall include within the
purchase contract in a clear and conspicuous manner information on the possibility of
a recording device. As used in this section, an event data recorder means a feature
that is installed by the manufacturer of the vehicle and does any of the following for the
purpose of retrieving data:
a. Records the speed of the vehicle and the direction the motor vehicle is traveling.
b. Records vehicle location data.
c. Records steering performance.
d. Records brake performance, including whether brakes were applied before an
accident.
e. Records the driver's safety belt status.
f. Has the ability to transmit information concerning an accident in which the vehicle
has been involved to a central communications system when an accident occurs.
2. Data recorded on an event data recorder may not be downloaded or otherwise
retrieved by a person other than the owner of the motor vehicle at the time the data is
recorded, or through consent by the owner's agent or legal representative, except
under any of the following circumstances:
a. The data is retrieved 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, with
the last four digits deleted, 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.
A person authorized to download or otherwise retrieve data from a recording
device under this subdivision 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.
b. The data is retrieved by a licensed motor vehicle dealer or by an automotive
technician for the purpose of diagnosing, servicing, or repairing the motor vehicle.
c. By stipulation of the parties to the proceeding or by order of the court.
3. "Owner" means a person having all the incidents of ownership, including the legal title
of a vehicle regardless of whether the 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 the person entitled to possession of the
vehicle as lessee pursuant to a written lease agreement, if the agreement at inception
is for a period in excess of three months.
4. A person, including a service or data processor operating on behalf of the person,
authorized to download or otherwise retrieve data from an event data recorder
pursuant to subdivision a of subsection 2 may not release that data except for the

purposes of motor vehicle safety and medical communities to advance motor vehicle
safety, security, or traffic management; or to a data processor solely for the purposes
permitted by this subsection and only if the identity of the owner or driver of the vehicle
is not disclosed.
5. If a motor vehicle is equipped with a recording device that is capable of recording or
transmitting information relating to vehicle location data or concerning an accident to a
central communications system and that capability is part of a subscription service, the
fact that the information may be recorded or transmitted must be disclosed in the
terms and conditions of the subscription service. Subsection 2 does not apply to a
subscription service that meets the requirements of this subsection.
6. An insurer may not require as a condition of insurability consent of the owner for
access to data that may be stored within an event data recorder and may not use data
retrieved with the owner's consent before or after an accident for the purpose of rate
assessment.