I 

112TH CONGRESS 

1ST SESSION H. R. 2374 

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 24, 2011 

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 that— 

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; and 

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 UNLAWFUL RETRIEVAL OF EVENT 

10 DATA RECORDER DATA. 

11 (a) OWNERSHIP RIGHTS; CONDUCT PROHIBITED.— 

12 Any event data recorder in a motor vehicle and any data 

13 recorded on any event data recorder in a motor vehicle 

14 shall be considered the property of the owner of the motor 

15 vehicle. It shall be unlawful for any person other than the 

16 owner of the motor vehicle to download or otherwise re17 trieve data that is recorded on any event data recorder 

18 except under one of the following circumstances: 

19 (1) The owner of the motor vehicle or the own20 er’s agent or legal representative consents to the re21 trieval of the information. 

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

23 jurisdiction to issue the order. 

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

25 dealer, or by an automotive technician for the purVerDate Mar 15 2010 04:07 Jul 01, 2011 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H2374.IH H2374

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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 (b) TREATMENT OF VIOLATIONS AS UNFAIR OR DE9 CEPTIVE ACTS OR PRACTICES.—A violation of subsection 

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

11 unfair or deceptive act or practice prescribed under section 

12 18(a)(1)(B) of the Federal Trade Commission Act (15 

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

14 (c) FEDERAL TRADE COMMISSION AUTHORITY.— 

15 The Federal Trade Commission shall enforce this section 

16 in the same manner, by the same means, and with the 

17 same jurisdiction, powers, and duties as though all appli18 cable terms and provisions of the Federal Trade Commis19 sion Act (15 U.S.C. 41 et seq.) were incorporated into and 

20 made a part of this section. 

21 (d) DEFINITIONS.—As used in this section— 

22 (1) the term ‘‘dealer’’ has the meaning given 

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

24 States Code; 


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1 (2) 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; and 

7 (3) 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 (e) EFFECTIVE DATE.—This section shall take effect 

12 180 days after the date of enactment of this Act. 

13 SEC. 3. REQUIREMENT FOR EVENT DATA RECORDERS ON 

14 NEW AUTOMOBILES. 

15 Subchapter II of chapter 301 of title 49, United 

16 States Code, is amended by adding at the end the fol17 lowing: 

18 ‘‘§ 30129. Requirement to allow disabling of event 

19 data recorder 

20 ‘‘(a) REQUIREMENT.—It shall be unlawful for any 

21 person to manufacture for sale, sell, offer for sale, intro22 duce, or deliver into interstate commerce, or import into 

23 the United States, a new motor vehicle manufactured after 

24 2011 (and bearing a model year of 2013 or later) that 

25 is equipped with an event data recorder, unless such event 


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1 data recorder includes a function whereby the owner of 

2 the motor vehicle has the option to enable or disable the 

3 recording function of the event data recorder. Once dis4 abled, the recording function shall not resume functioning 

5 until the owner elects to enable such functioning. 

6 ‘‘(b) DEFINITIONS.—As used in the section, the term 

7 ‘event data recorder’ means any device or means of tech8 nology installed in an automobile that records information 

9 such as vehicle speed, seatbelt use, application of brakes 

10 or other information pertinent to the operation of the 

11 automobile’’. 

Æ 


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