I 

110TH CONGRESS 

1ST SESSION H. R. 1015 

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 

FEBRUARY 13, 2007 

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) From the standpoint of consumer privacy 

6 rights, most consumers are not aware that their ve7 hicles are recording data that not only may be used 


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1 to aid traffic safety analyses, but has the potential 

2 of being used against them in a civil or criminal pro3 ceeding, or by their insurer to increase rates. 

4 (2) There exists no Federal law clarifying the 

5 rights of a vehicle owner to ownership of the re6 corded data and, in the absence of Federal direction, 

7 States have begun to create different standards of 

8 ownership and rights for recorded data. 

9 SEC. 2. OWNERSHIP AND RETRIEVAL OF EVENT DATA RE10 CORDER DATA. 

11 Any event data recorder in a vehicle and any data 

12 recorded on any event data recorder in a vehicle shall be 

13 considered the property of the owner of the vehicle. It shall 

14 be unlawful for any person other than the owner of the 

15 motor vehicle to download or otherwise retrieve data that 

16 is recorded on any event data recorder except under one 

17 of the following circumstances: 

18 (1) The owner of the motor vehicle or the own19 er’s agent or legal representative consents to the re20 trieval of the information. 

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

22 jurisdiction to issue the order. 

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

24 dealer, or by an automotive technician for the purVerDate Aug 31 2005 20:56 Feb 15, 2007 Jkt 059200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H1015.IH H1015

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1 pose of diagnosing, servicing, or repairing the motor 

2 vehicle. 

3 (4) For the purpose of improving motor vehicle 

4 safety, including medical research on the human 

5 body’s reaction to motor vehicle accidents, provided 

6 that the identity of the registered owner or driver is 

7 not disclosed in connection with that retrieved data. 

8 SEC. 3. REQUIREMENT FOR EVENT DATA RECORDERS ON 

9 NEW AUTOMOBILES. 

10 It shall be unlawful for any person to manufacture 

11 for sale, sell, offer for sale, introduce, or deliver into inter12 state commerce, or import into the United States, a new 

13 automobile manufactured after 2009 (and bearing a model 

14 year of 2010 or later) that is equipped with an event data 

15 recorder, unless such event data recorder includes a func16 tion whereby the consumer has the option to enable or 

17 disable the recording function of the event data recorder. 

18 Once disabled, the recording function shall not resume 

19 functioning until the consumer elects to enable such func20 tioning. 

21 SEC. 4. ENFORCEMENT. 

22 (a) TREATMENT OF VIOLATIONS AS UNFAIR OR DE23 CEPTIVE ACTS OR PRACTICES.—A violation of section 2 

24 or 3 shall be treated as a violation of a rule defining an 

25 unfair or deceptive act or practice prescribed under section 


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

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

3 (b) FEDERAL TRADE COMMISSION AUTHORITY.— 

4 The Federal Trade Commission shall enforce this Act in 

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

6 jurisdiction, powers, and duties as though all applicable 

7 terms and provisions of the Federal Trade Commission 

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

9 made a part of this Act. 

10 SEC. 5. DEFINITIONS. 

11 As used in this Act: 

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

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

14 the Automobile Information Disclosure Act (15 

15 U.S.C. 1231). 

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

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

18 States Code. 

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

20 device or means of technology installed in an auto21 mobile that records information such as vehicle 

22 speed, seatbelt use, application of brakes or other in23 formation pertinent to the operation of the auto24 mobile. 


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1 (4) The terms ‘‘manufacturer’’ and ‘‘new auto2 mobile’’ have the meanings given those terms in sec3 tion 2 of the Automobile Information Disclosure Act 

4 (15 U.S.C. 1231). 

5 SEC. 6. EFFECTIVE DATE. 

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

7 enactment of this Act. 

Æ 


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