I 

113TH CONGRESS 

1ST SESSION H. R. 2414 

To require automobile manufacturers 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 18, 2013 

Mr. CAPUANO (for himself, Mr. SENSENBRENNER, Mr. GRIFFITH of Virginia, 

Ms. BROWNLEY of California, Mrs. NAPOLITANO, Ms. JACKSON LEE, Mr. 

FORTENBERRY, Mr. RODNEY DAVIS of Illinois, Mr. CAMPBELL, Mr. 

DAINES, and Ms. LOFGREN) introduced the following bill; which was referred to the Committee on Energy and Commerce, and in addition to 

the Committee on the Judiciary, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions 

as fall within the jurisdiction of the committee concerned 

A BILL 

To require automobile manufacturers 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. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Black Box Privacy 

3 Protection Act’’. 

4 SEC. 2. FINDINGS. 

5 Congress finds the following: 

6 (1) Consumers have the right to know that 

7 event data recorders are installed in their vehicles, 

8 that they are capable of collecting data recorded in 

9 automobile accidents, and how such data may be 

10 used. 

11 (2) From the standpoint of consumer privacy 

12 rights, most consumers are not aware that their ve13 hicles are recording data that not only may be used 

14 to aid traffic safety analyses, but has the potential 

15 of being used against them in a civil or criminal pro16 ceeding, or by their insurer to increase rates. 

17 SEC. 3. DISCLOSURE OF EVENT DATA RECORDERS ON 

18 AUTOMOBILES AND MOTORCYCLES. 

19 (a) LABELING DISCLOSURE FOR AUTOMOBILES.— 

20 Section 3 of the Automobile Information Disclosure Act 

21 (15 U.S.C. 1232) is amended— 

22 (1) in subsection (g)(4)(B) by striking ‘‘; and’’ 

23 and inserting a semicolon; 

24 (2) in subsection (h), by striking the period at 

25 the end and inserting ‘‘; and’’; and 

26 (3) by adding at the end the following: 

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1 ‘‘(i)(1) the presence and location of an event 

2 data recorder; 

3 ‘‘(2) the type of information recorded by the event 

4 data recorder and how such information is recorded; and 

5 ‘‘(3) that the information recorded by the event data 

6 recorder also may be used in a law enforcement pro7 ceeding.’’. 

8 (b) LABELING DISCLOSURE FOR MOTORCYCLES.— 

9 The Automobile Information Disclosure Act is further 

10 amended by adding after section 3 the following new sec11 tion: 

12 ‘‘SEC. 3A. DISCLOSURE OF EVENT DATA RECORDERS ON 

13 MOTORCYCLES. 

14 ‘‘Every manufacturer of new motorcycles distributed 

15 in commerce shall, prior to the delivery of any new motor16 cycle to any dealer, or at or prior to the introduction date 

17 of new models delivered to a dealer prior to such introduc18 tion date, securely affix to the new motorcycle a label on 

19 which such manufacturer shall disclose— 

20 ‘‘(1) the presence and location of an event data 

21 recorder; 

22 ‘‘(2) the type of information recorded by the 

23 event data recorder and how such information is re24 corded; and 

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1 ‘‘(3) that the information recorded by the event 

2 data recorder also may be used in a law enforcement 

3 proceeding.’’. 

4 (c) DEFINITIONS.—Section 2 of such Act (15 U.S.C. 

5 1231) is amended by adding at the end the following: 

6 ‘‘(i) The term ‘event data recorder’ means any device 

7 or means of technology installed in an automobile that 

8 records information such as automobile or motorcycle 

9 speed, seatbelt use, application of brakes or other informa10 tion pertinent to the operation of the automobile or motor11 cycle, as applicable. 

12 ‘‘(j) The term ‘motorcycle’ means a vehicle having a 

13 seat or saddle for the use of the rider, designed to travel 

14 on not more than three wheels in contact with the ground, 

15 and weighing less than 1,500 pounds. 

16 ‘‘(k) The term ‘new motorcycle’ means a motorcycle 

17 the equitable or legal title to which has never been trans18 ferred by a manufacturer, distributor, or dealer to an ulti19 mate purchaser.’’. 

20 (d) RULEMAKING.—Within 180 days following the 

21 enactment of this Act, the National Highway Traffic Safe22 ty Administration shall prescribe regulations setting forth 

23 a uniform method by which a manufacturer shall provide 

24 the disclosures required by the amendments made by this 

25 section. 

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1 SEC. 4. REQUIREMENT FOR EVENT DATA RECORDERS ON 

2 NEW AUTOMOBILES. 

3 No person may manufacture for sale, sell, offer for 

4 sale, introduce or deliver into interstate commerce, or im5 port into the United States, an automobile manufactured 

6 after 2015 (and bearing a model year of 2016 or later) 

7 that is equipped with an event data recorder, unless such 

8 event data recorder includes a function whereby the con9 sumer can control the recording of information by the 

10 event data recorder. 

11 SEC. 5. OWNERSHIP AND UNLAWFUL RETRIEVAL OF EVENT 

12 DATA RECORDER DATA. 

13 (a) OWNERSHIP RIGHTS; CONDUCT PROHIBITED.— 

14 Any event data recorder in an automobile or motorcycle 

15 and any data recorded on any event data recorder in an 

16 automobile or motorcycle shall be considered the property 

17 of the owner of the automobile or motorcycle. It shall be 

18 unlawful for any person other than the owner of the auto19 mobile or motorcycle to download or otherwise retrieve 

20 data that is recorded on any event data recorder except 

21 under one of the following circumstances: 

22 (1) The owner of the automobile or motorcycle 

23 or the owner’s agent or legal representative consents 

24 to the retrieval of the information. 

25 (2) In response to an order of a court having 

26 jurisdiction to issue the order. 

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1 (3) The data is retrieved by a dealer, or by an 

2 automotive technician for the purpose of diagnosing, 

3 servicing, or repairing the automobile or motorcycle. 

4 (b) TREATMENT OF VIOLATIONS AS UNFAIR OR DE5 CEPTIVE ACTS OR PRACTICES.—A violation of subsection 

6 (a) shall be treated as a violation of a rule defining an 

7 unfair or deceptive act or practice prescribed under section 

8 18(a)(1)(B) of the Federal Trade Commission Act (15 

9 U.S.C. 57a(a)(1)(B)). 

10 (c) ENFORCEMENT BY THE FEDERAL TRADE COM11 MISSION.—The Federal Trade Commission shall enforce 

12 this section in the same manner, by the same means, and 

13 with the same jurisdiction, powers, and duties as though 

14 all applicable terms and provisions of the Federal Trade 

15 Commission Act (15 U.S.C. 41 et seq.) were incorporated 

16 into and made a part of this section. 

17 SEC. 6. CRIMINAL PENALTIES. 

18 (a) IN GENERAL.—Chapter 2 of title 18, United 

19 States Code, is amended by adding at the end the fol20 lowing: 

21 ‘‘§ 40A. Event data recorders on automobiles. 

22 ‘‘Whoever, in or affecting interstate or foreign com23 merce, knowingly fails to provide the disclosure required 

24 by section 3(i) or 3A of the Automobile Information Dis25 closure Act (15 U.S.C. 1232) relating to event data remstockstill on DSK4VPTVN1PROD with BILLS

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1 corders, or knowingly violates section 4 of the Black Box 

2 Privacy Protection Act, shall be fined under this title.’’. 

3 (b) CLERICAL AMENDMENT.—The table of sections 

4 of title 18, United States Code, is amended by adding 

5 after the item relating to section 40, the following: 

‘‘40A. Event data recorders on automobiles.’’. 

6 SEC. 7. DEFINITIONS. 

7 As used in this Act: 

8 (1) The term ‘‘consumer’’ has the meaning 

9 given the term ‘‘ultimate purchaser’’ in section 2 of 

10 the Automobile Information Disclosure Act (15 

11 U.S.C. 1231). 

12 (2) The term ‘‘dealer’’ has the meaning given 

13 that term in section 30102(a) of title 49, United 

14 States Code. 

15 (3) The term ‘‘event data recorder’’ means any 

16 device or means of technology installed in an auto17 mobile that records information such as vehicle 

18 speed, seatbelt use, application of brakes or other in19 formation pertinent to the operation of the auto20 mobile. 

21 (4) The terms ‘‘manufacturer’’, ‘‘new auto22 mobile’’, and ‘‘new motorcycle’’ have the meanings 

23 given those terms in section 2 of the Automobile In24 formation Disclosure Act (15 U.S.C. 1231). 

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1 SEC. 8. EFFECTIVE DATE. 

2 This Act and the amendments made by this Act shall 

3 take effect 180 days after the date of enactment of this 

4 Act. 

Æ 

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