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 pro-
vide the consumer with the option to enable and disable 
such devices on future automobiles. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. FINDINGS. 
Congress finds that— 
(1) from the standpoint of consumer privacy 
rights, most consumers are not aware that their ve-
hicles are recording data that not only may be used 
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to aid traffic safety analyses, but has the potential 
of being used against them in a civil or criminal pro-
ceeding, or by their insurer to increase rates; and 
(2) there exists no Federal law clarifying the 
rights of a vehicle owner to ownership of the re-
corded data and, in the absence of Federal direction, 
States have begun to create different standards of 
ownership and rights for recorded data. 
SEC. 2. OWNERSHIP AND UNLAWFUL RETRIEVAL OF EVENT 
DATA RECORDER DATA. 
(a) OWNERSHIP RIGHTS; CONDUCT PROHIBITED.— 
Any event data recorder in a motor vehicle and any data 
recorded on any event data recorder in a motor vehicle 
shall be considered the property of the owner of the motor 
vehicle. It shall be unlawful for any person other than the 
owner of the motor vehicle to download or otherwise re-
trieve data that is recorded on any event data recorder 
except under one of the following circumstances: 
(1) The owner of the motor vehicle or the own-
er’s agent or legal representative consents to the re-
trieval of the information. 
(2) In response to an order of a court having 
jurisdiction to issue the order. 
(3) The data is retrieved by a motor vehicle 
dealer, or by an automotive technician for the pur-
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pose of diagnosing, servicing, or repairing the motor 
vehicle. 
(4) For the purpose of improving motor vehicle 
safety, including medical research on the human 
body’s reaction to motor vehicle accidents, provided 
that the identity of the registered owner or driver is 
not disclosed in connection with that retrieved data. 
(b) TREATMENT OF VIOLATIONS AS UNFAIR OR DE-
CEPTIVE ACTS OR PRACTICES.—A violation of subsection 
(a) shall be treated as a violation of a rule defining an 
unfair or deceptive act or practice prescribed under section 
18(a)(1)(B) of the Federal Trade Commission Act (15 
U.S.C. 57a(a)(1)(B)). 
(c) FEDERAL TRADE COMMISSION AUTHORITY.— 
The Federal Trade Commission shall enforce this section 
in the same manner, by the same means, and with the 
same jurisdiction, powers, and duties as though all appli-
cable terms and provisions of the Federal Trade Commis-
sion Act (15 U.S.C. 41 et seq.) were incorporated into and 
made a part of this section. 
(d) DEFINITIONS.—As used in this section— 
(1) the term ‘‘dealer’’ has the meaning given 
that term in section 30102(a) of title 49, United 
States Code; 
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(2) the term ‘‘event data recorder’’ means any 
device or means of technology installed in an auto-
mobile that records information such as vehicle 
speed, seatbelt use, application of brakes or other in-
formation pertinent to the operation of the auto-
mobile; and 
(3) the terms ‘‘manufacturer’’ and ‘‘new auto-
mobile’’ have the meanings given those terms in sec-
tion 2 of the Automobile Information Disclosure Act 
(15 U.S.C. 1231). 
(e) EFFECTIVE DATE.—This section shall take effect 
180 days after the date of enactment of this Act. 
SEC. 3. REQUIREMENT FOR EVENT DATA RECORDERS ON 
NEW AUTOMOBILES. 
Subchapter II of chapter 301 of title 49, United 
States Code, is amended by adding at the end the fol-
lowing: 
‘‘§ 30129. Requirement to allow disabling of event 
data recorder 
‘‘(a) REQUIREMENT.—It shall be unlawful for any 
person to manufacture for sale, sell, offer for sale, intro-
duce, or deliver into interstate commerce, or import into 
the United States, a new motor vehicle manufactured after 
2011 (and bearing a model year of 2013 or later) that 
is equipped with an event data recorder, unless such event 
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data recorder includes a function whereby the owner of 
the motor vehicle has the option to enable or disable the 
recording function of the event data recorder. Once dis-
abled, the recording function shall not resume functioning 
until the owner elects to enable such functioning. 
‘‘(b) DEFINITIONS.—As used in the section, the term 
‘event data recorder’ means any device or means of tech-
nology installed in an automobile that records information 
such as vehicle speed, seatbelt use, application of brakes 
or other information pertinent to the operation of the 
automobile’’. 
Æ 
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