I 

114TH CONGRESS 

1ST SESSION H. R. 2526 

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 

MAY 21, 2015 

Mr. CAPUANO (for himself, Mr. SENSENBRENNER, Mr. GRIFFITH, Ms. 

BROWNLEY of California, Mrs. NAPOLITANO, Mr. RODNEY DAVIS of Illinois, Mr. WALBERG, Mr. PETERSON, Ms. LOFGREN, and Mr. JORDAN) 

introduced the following bill; which was referred to the Committee on Energy and Commerce 

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, 

3 SECTION 1. SHORT TITLE. 

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

5 Protection Act’’. 


smartinez on DSK4TPTVN1PROD with BILLS
2 

•HR 2526 IH

1 SEC. 2. FINDINGS. 

2 Congress finds the following: 

3 (1) Consumers have the right to know that 

4 event data recorders are installed in their vehicles, 

5 that they are capable of collecting data recorded in 

6 automobile accidents, and how such data may be 

7 used. 

8 (2) From the standpoint of consumer privacy 

9 rights, most consumers are not aware that their ve10 hicles are recording data that not only may be used 

11 to aid traffic safety analyses, but has the potential 

12 of being used against them in a civil or criminal pro13 ceeding, or by their insurer to increase rates. 

14 SEC. 3. DISCLOSURE OF EVENT DATA RECORDERS ON 

15 AUTOMOBILES AND MOTORCYCLES. 

16 (a) LABELING DISCLOSURE FOR AUTOMOBILES.— 

17 Section 3 of the Automobile Information Disclosure Act 

18 (15 U.S.C. 1232) is amended— 

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

20 and inserting a semicolon; 

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

22 the end and inserting ‘‘; and’’; and 

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

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

25 data recorder; 


smartinez on DSK4TPTVN1PROD with BILLS
3 

•HR 2526 IH

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

2 data recorder and how such information is recorded; and 

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

4 recorder also may be used in a law enforcement pro5 ceeding.’’. 

6 (b) LABELING DISCLOSURE FOR MOTORCYCLES.— 

7 The Automobile Information Disclosure Act is further 

8 amended by adding after section 3 the following new sec9 tion: 

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

11 MOTORCYCLES. 

12 ‘‘Every manufacturer of new motorcycles distributed 

13 in commerce shall, prior to the delivery of any new motor14 cycle to any dealer, or at or prior to the introduction date 

15 of new models delivered to a dealer prior to such introduc16 tion date, securely affix to the new motorcycle a label on 

17 which such manufacturer shall disclose— 

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

19 recorder; 

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

21 event data recorder and how such information is re22 corded; and 

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

24 data recorder also may be used in a law enforcement 

25 proceeding.’’. 


smartinez on DSK4TPTVN1PROD with BILLS
4 

•HR 2526 IH

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

2 1231) is amended by adding at the end the following: 

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

4 or means of technology installed in an automobile that 

5 records information such as automobile or motorcycle 

6 speed, seatbelt use, application of brakes or other informa7 tion pertinent to the operation of the automobile or motor8 cycle, as applicable. 

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

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

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

12 and weighing less than 1,500 pounds. 

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

14 the equitable or legal title to which has never been trans15 ferred by a manufacturer, distributor, or dealer to an ulti16 mate purchaser.’’. 

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

18 enactment of this Act, the National Highway Traffic Safe19 ty Administration shall prescribe regulations setting forth 

20 a uniform method by which a manufacturer shall provide 

21 the disclosures required by the amendments made by this 

22 section. 


smartinez on DSK4TPTVN1PROD with BILLS
5 

•HR 2526 IH

1 SEC. 4. REQUIREMENT FOR EVENT DATA RECORDERS ON 

2 NEW AUTOMOBILES. 

3 (a) IN GENERAL.—Subchapter II of chapter 301 of 

4 title 49, United States Code, is amended by adding at the 

5 end the following new section: 

6 ‘‘§ 30129. Event data recorders 

7 ‘‘No person may manufacture for sale, sell, offer for 

8 sale, introduce or deliver into interstate commerce, or im9 port into the United States, an automobile manufactured 

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

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

12 event data recorder includes a function whereby the con13 sumer can control the recording of information by the 

14 event data recorder.’’. 

15 (b) ENFORCEMENT.—Section 30165(a)(1) of chapter 

16 301 of title 49, United States Code, is amended by insert17 ing ‘‘30129,’’ after ‘‘30127,’’. 

18 (c) TABLE OF CONTENTS AMENDMENT.—The table 

19 of contents for chapter 301 of title 49, United States 

20 Code, is amended by adding after the item relating to sec21 tion 30128 the following new item: 

‘‘30129. Event data recorders.’’. 

22 SEC. 5. OWNERSHIP AND UNLAWFUL RETRIEVAL OF EVENT 

23 DATA RECORDER DATA. 

24 (a) OWNERSHIP RIGHTS; CONDUCT PROHIBITED.— 

25 Any event data recorder in an automobile or motorcycle 


smartinez on DSK4TPTVN1PROD with BILLS
6 

•HR 2526 IH

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

2 automobile or motorcycle shall be considered the property 

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

4 unlawful for any person other than the owner of the auto5 mobile or motorcycle to download or otherwise retrieve 

6 data that is recorded on any event data recorder except 

7 under one of the following circumstances: 

8 (1) The owner of the automobile or motorcycle 

9 or the owner’s agent or legal representative consents 

10 to the retrieval of the information. 

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

12 jurisdiction to issue the order. 

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

14 automotive technician for the purpose of diagnosing, 

15 servicing, or repairing the automobile or motorcycle. 

16 (b) TREATMENT OF VIOLATIONS AS UNFAIR OR DE17 CEPTIVE ACTS OR PRACTICES.—A violation of subsection 

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

19 unfair or deceptive act or practice prescribed under section 

20 18(a)(1)(B) of the Federal Trade Commission Act (15 

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

22 (c) ENFORCEMENT BY THE FEDERAL TRADE COM23 MISSION.—The Federal Trade Commission shall enforce 

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

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


smartinez on DSK4TPTVN1PROD with BILLS
7 

•HR 2526 IH

1 all applicable terms and provisions of the Federal Trade 

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

3 into and made a part of this section. 

4 SEC. 6. DEFINITIONS. 

5 As used in this Act: 

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

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

8 the Automobile Information Disclosure Act (15 

9 U.S.C. 1231). 

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

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

12 States Code. 

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

14 device or means of technology installed in an auto15 mobile that records information such as vehicle 

16 speed, seatbelt use, application of brakes or other in17 formation pertinent to the operation of the auto18 mobile. 

19 (4) The terms ‘‘manufacturer’’, ‘‘new auto20 mobile’’, and ‘‘new motorcycle’’ have the meanings 

21 given those terms in section 2 of the Automobile In22 formation Disclosure Act (15 U.S.C. 1231). 


smartinez on DSK4TPTVN1PROD with BILLS
8 

•HR 2526 IH

1 SEC. 7. 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 


smartinez on DSK4TPTVN1PROD with BILLS