I 

115TH CONGRESS 

1ST SESSION H. R. 736 

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 

JANUARY 30, 2017 

Mr. CAPUANO 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’’. 

6 SEC. 2. FINDINGS. 

7 Congress finds the following: 


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1 (1) Consumers have the right to know that 

2 event data recorders are installed in their vehicles, 

3 that they are capable of collecting data recorded in 

4 automobile accidents, and how such data may be 

5 used. 

6 (2) From the standpoint of consumer privacy 

7 rights, most consumers are not aware that their ve8 hicles are recording data that not only may be used 

9 to aid traffic safety analyses, but has the potential 

10 of being used against them in a civil or criminal pro11 ceeding, or by their insurer to increase rates. 

12 SEC. 3. DISCLOSURE OF EVENT DATA RECORDERS ON 

13 AUTOMOBILES AND MOTORCYCLES. 

14 (a) LABELING DISCLOSURE FOR AUTOMOBILES.— 

15 Section 3 of the Automobile Information Disclosure Act 

16 (15 U.S.C. 1232) is amended— 

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

18 and inserting a semicolon; 

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

20 the end and inserting ‘‘; and’’; and 

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

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

23 data recorder; 

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

25 data recorder and how such information is recorded; and 


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

2 recorder also may be used in a law enforcement pro3 ceeding.’’. 

4 (b) LABELING DISCLOSURE FOR MOTORCYCLES.— 

5 The Automobile Information Disclosure Act is further 

6 amended by adding after section 3 the following new sec7 tion: 

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

9 MOTORCYCLES. 

10 ‘‘Every manufacturer of new motorcycles distributed 

11 in commerce shall, prior to the delivery of any new motor12 cycle to any dealer, or at or prior to the introduction date 

13 of new models delivered to a dealer prior to such introduc14 tion date, securely affix to the new motorcycle a label on 

15 which such manufacturer shall disclose— 

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

17 recorder; 

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

19 event data recorder and how such information is re20 corded; and 

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

22 data recorder also may be used in a law enforcement 

23 proceeding.’’. 

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

25 1231) is amended by adding at the end the following: 


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

2 or means of technology installed in an automobile that 

3 records information such as automobile or motorcycle 

4 speed, seatbelt use, application of brakes or other informa5 tion pertinent to the operation of the automobile or motor6 cycle, as applicable. 

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

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

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

10 and weighing less than 1,500 pounds. 

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

12 the equitable or legal title to which has never been trans13 ferred by a manufacturer, distributor, or dealer to an ulti14 mate purchaser.’’. 

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

16 enactment of this Act, the National Highway Traffic Safe17 ty Administration shall prescribe regulations setting forth 

18 a uniform method by which a manufacturer shall provide 

19 the disclosures required by the amendments made by this 

20 section. 

21 SEC. 4. REQUIREMENT FOR EVENT DATA RECORDERS ON 

22 NEW AUTOMOBILES. 

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

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

25 end the following new section: 


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1 ‘‘§ 30129. Event data recorders 

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

3 sale, introduce or deliver into interstate commerce, or im4 port into the United States, an automobile manufactured 

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

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

7 event data recorder includes a function whereby the con8 sumer can control the recording of information by the 

9 event data recorder.’’. 

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

11 301 of title 49, United States Code, is amended by insert12 ing ‘‘30129,’’ after ‘‘30127,’’. 

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

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

15 Code, is amended by adding after the item relating to sec16 tion 30128 the following new item: 

‘‘30129. Event data recorders.’’. 

17 SEC. 5. OWNERSHIP AND UNLAWFUL RETRIEVAL OF EVENT 

18 DATA RECORDER DATA. 

19 (a) OWNERSHIP RIGHTS; CONDUCT PROHIBITED.— 

20 Any event data recorder in an automobile or motorcycle 

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

22 automobile or motorcycle shall be considered the property 

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

24 unlawful for any person other than the owner of the auto25 mobile or motorcycle to download or otherwise retrieve 


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1 data that is recorded on any event data recorder except 

2 under one of the following circumstances: 

3 (1) The owner of the automobile or motorcycle 

4 or the owner’s agent or legal representative consents 

5 to the retrieval of the information. 

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

7 jurisdiction to issue the order. 

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

9 automotive technician for the purpose of diagnosing, 

10 servicing, or repairing the automobile or motorcycle. 

11 (b) TREATMENT OF VIOLATIONS AS UNFAIR OR DE12 CEPTIVE ACTS OR PRACTICES.—A violation of subsection 

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

14 unfair or deceptive act or practice prescribed under section 

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

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

17 (c) ENFORCEMENT BY THE FEDERAL TRADE COM18 MISSION.—The Federal Trade Commission shall enforce 

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

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

21 all applicable terms and provisions of the Federal Trade 

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

23 into and made a part of this section. 

24 SEC. 6. DEFINITIONS. 

25 As used in this Act: 


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

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

3 the Automobile Information Disclosure Act (15 

4 U.S.C. 1231). 

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

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

7 States Code. 

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

9 device or means of technology installed in an auto10 mobile that records information such as vehicle 

11 speed, seatbelt use, application of brakes or other in12 formation pertinent to the operation of the auto13 mobile. 

14 (4) The terms ‘‘manufacturer’’, ‘‘new auto15 mobile’’, and ‘‘new motorcycle’’ have the meanings 

16 given those terms in section 2 of the Automobile In17 formation Disclosure Act (15 U.S.C. 1231). 

18 SEC. 7. EFFECTIVE DATE. 

19 This Act and the amendments made by this Act shall 

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

21 Act. 

Æ 


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