I 

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. 

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

3 SECTION 1. FINDINGS. 

4 Congress finds the following: 

5 (1) Consumers have the right to know that 

6 event data recorders are installed in their vehicles, 

7 that they are capable of collecting data recorded in 


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1 automobile accidents, and how such data may be 

2 used. 

3 (2) From the standpoint of consumer privacy 

4 rights, most consumers are not aware that their ve5 hicles are recording data that not only may be used 

6 to aid traffic safety analyses, but has the potential 

7 of being used against them in a civil or criminal pro8 ceeding, or by their insurer to increase rates. 

9 (3) There exists no Federal law clarifying the 

10 rights of a vehicle owner to ownership of the re11 corded data and, in the absence of Federal direction, 

12 States have begun to create different standards of 

13 ownership and rights for recorded data. 

14 SEC. 2. DISCLOSURE OF EVENT DATA RECORDERS ON 

15 AUTOMOBILES. 

16 (a) REQUIRED DISCLOSURE.—In accordance with 

17 regulations prescribed by the Federal Trade Commission 

18 under section 5(c), a dealer shall disclose, to each con19 sumer who purchases a new automobile, in a clear and 

20 conspicuous written format at the time of purchase, the 

21 following information regarding any event data recorder 

22 installed on such new automobile— 

23 (1) the presence and location of an event data 

24 recorder; 

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1 (2) the type of information recorded by the 

2 event data recorder and how such information is re3 corded; and 

4 (3) that the information recorded by the event 

5 data recorder also may be used in a law enforcement 

6 proceeding. 

7 (b) REQUIRED DISCLOSURES IN OWNER’S MAN8 UAL.—The manufacturer shall include, in clear and con9 spicuous language in the owner’s manual of any new auto10 mobile containing an event data recorder, the disclosures 

11 required by subsection (a). 

12 SEC. 3. OWNERSHIP AND RETRIEVAL OF EVENT DATA RE13 CORDER DATA. 

14 Any event data recorder in the vehicle and any data 

15 recorded on any event data recorder in the vehicle shall 

16 be considered the property of the owner of the vehicle. 

17 Data that is recorded on any event data recorder may not 

18 be downloaded or otherwise retrieved by a person other 

19 than the owner of the motor vehicle, except under one of 

20 the following circumstances: 

21 (1) The owner of the motor vehicle or the own22 er’s agent or legal representative consents to the re23 trieval of the information. 

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

25 jurisdiction to issue the order. 


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1 (3) The data is retrieved by a motor vehicle 

2 dealer, or by an automotive technician for the pur3 pose of diagnosing, servicing, or repairing the motor 

4 vehicle. 

5 (4) For the purpose of improving motor vehicle 

6 safety, including medical research on the human 

7 body’s reaction to motor vehicle accidents, provided 

8 that the identity of the registered owner or driver is 

9 not disclosed in connection with that retrieved data. 

10 SEC. 4. REQUIREMENT FOR EVENT DATA RECORDERS ON 

11 NEW AUTOMOBILES. 

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

13 sale, introduce or deliver into interstate commerce, or im14 port into the United States, an automobile manufactured 

15 after 2008 (and bearing a model year of 2009 or later) 

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

17 event data recorder includes a function whereby the con18 sumer has the option to enable or disable the recording 

19 function of the event data recorder. Once disabled, the re20 cording function shall not resume functioning until the 

21 consumer elects to enable such functioning. 

22 SEC. 5. ENFORCEMENT. 

23 (a) TREATMENT OF VIOLATIONS AS UNFAIR OR DE24 CEPTIVE ACTS OR PRACTICES.—A violation of section 2, 

25 3 or 4 shall be treated as a violation of a rule defining 


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1 an unfair or deceptive act or practice prescribed under sec2 tion 18(a)(1)(B) of the Federal Trade Commission Act 

3 (15 U.S.C. 57a(a)(1)(B)). 

4 (b) FEDERAL TRADE COMMISSION AUTHORITY.— 

5 The Federal Trade Commission shall enforce this Act in 

6 the same manner, by the same means, and with the same 

7 jurisdiction, powers, and duties as though all applicable 

8 terms and provisions of the Federal Trade Commission 

9 Act (15 U.S.C. 41 et seq.) were incorporated into and 

10 made a part of this Act. 

11 (c) RULEMAKING.—Within 180 days following the 

12 enactment of this Act, the Federal Trade Commission 

13 shall prescribe regulations to carry out this Act, including 

14 guidelines setting forth a uniform method by which a deal15 er may provide the disclosures and options required by 

16 section 2. 

17 SEC. 6. DEFINITIONS. 

18 As used in this Act: 

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

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

21 the Automobile Information Disclosure Act (15 

22 U.S.C. 1231). 

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

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

25 States Code. 


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

2 device or means of technology installed in an auto3 mobile that records information such as vehicle 

4 speed, seatbelt use, application of brakes or other in5 formation pertinent to the operation of the auto6 mobile. 

7 (4) The terms ‘‘manufacturer’’ and ‘‘new auto8 mobile’’ have the meanings given those terms in sec9 tion 2 of the Automobile Information Disclosure Act 

10 (15 U.S.C. 1231). 

11 SEC. 7. EFFECTIVE DATE. 

12 This Act shall take effect 180 days after the date of 

13 enactment of this Act. 

Æ 


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