§ 416-B — Vehicle data recording devices

§ 416-b. Vehicle data recording devices. 1. A manufacturer of a new\nmotor vehicle sold or leased in this state, which is equipped with one\nor more recording devices commonly referred to as "event data recorders"\nincluding "sensing and diagnostic modules" shall disclose that fact in\nor along with the owner's manual for the vehicle.\n 2. As used in this section, (a) "event data recorder" means a feature\nthat is installed by the manufacturer of the vehicle and does one or\nmore of the following, for the purpose of capturing data for retrieval\nafter a crash:\n (i) Records vehicle speed and/or direction.\n (ii) Records vehicle location.\n (iii) Records vehicle steering performance.\n (iv) Records brake performance, including, but not limited to, whether\nbrakes were applied before a crash.\n (v) Records the driver's seatbelt status.\n (vi) Has the ability to transmit information concerning a crash in\nwhich the motor vehicle has been involved to a central communications\nsystem when a crash occurs.\n (b) "owner" means a person having all the incidents of ownership,\nincluding the legal title of a vehicle whether or not such person lends,\nrents or creates a security interest in the vehicle; a person entitled\nto the possession of a vehicle as the purchaser under a security\nagreement; or the person entitled to possession of the vehicle as lessee\npursuant to a written lease agreement, provided such agreement at\ninception is for a period in excess of three months.\n 3. Data described in subdivision two of this section that is recorded\non an event data recorder may not be downloaded or otherwise retrieved\nby a person other than the owner of the motor vehicle at the time the\ndata is accessed, except under one of the following circumstances:\n (a) The owner of the motor vehicle or the owner's agent or legal\nrepresentative consents to the retrieval of the information.\n (b) In response to an order of a court or other judicial or\nadministrative authority having jurisdiction to issue the order.\n (c) For the purpose of improving motor vehicle safety, security or\ntraffic management including for medical research of the human body's\nreaction to motor vehicle crashes, provided that the identity of the\nregistered owner or driver is not disclosed in connection with that\nretrieved data. For purposes of this section the disclosure of the\nvehicle identification number (VIN) with the last four digits deleted,\ndoes not constitute the disclosure of the identity of the registered\nowner or driver.\n (d) The data is retrieved by a licensed new motor vehicle dealer as\ndefined in section four hundred fifteen of this article or by an\nautomotive technician trained in such retrieval and employed by a\nregistered motor vehicle repair shop as defined in article twelve-A of\nthis chapter, for the purpose of diagnosing, servicing, or repairing the\nmotor vehicle.\n (e) The data is retrieved for the purpose of determining the need for\nor facilitating emergency medical response in the event of a motor\nvehicle crash.\n 4. A person, including a service or data processor operating on behalf\nof such a person authorized to download or otherwise retrieve data from\nan event data recorder pursuant to paragraph (c) of subdivision three of\nthis section, may not release that data, except for the purposes of\nmotor vehicle safety and medical research communities to advance motor\nvehicle safety, security or traffic management, or to a data processor\nsolely for the purpose permitted by this subdivision, and only if the\nidentity of the owner or driver is not disclosed.\n 5. (a) If a motor vehicle is equipped with a recording device that is\ncapable of recording or transmitting information as described in\nsubparagraph (ii) or (vi) of paragraph (a) of subdivision two of this\nsection and that capability is part of a subscription service, the fact\nthat the information may be recorded or transmitted shall be disclosed\nin the subscription service agreement.\n (b) Subdivision three of this section does not apply to subscription\nservices meeting the requirements of paragraph (a) of this subdivision.\n