I 
109TH CONGRESS 
2D SESSION 
H. R. 5609 
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 14, 2006 
Mrs. BONO (for herself and 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 the following: 
(1) Consumers have the right to know that 
event data recorders are installed in their vehicles, 
that they are capable of collecting data recorded in 
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automobile accidents, and how such data may be 
used. 
(2) 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 
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. 
(3) 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. DISCLOSURE OF EVENT DATA RECORDERS ON 
AUTOMOBILES. 
(a) REQUIRED DISCLOSURE.—In accordance with 
regulations prescribed by the Federal Trade Commission 
under section 5(c), a dealer shall disclose, to each con-
sumer who purchases a new automobile, in a clear and 
conspicuous written format at the time of purchase, the 
following information regarding any event data recorder 
installed on such new automobile— 
(1) the presence and location of an event data 
recorder; 
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(2) the type of information recorded by the 
event data recorder and how such information is re-
corded; and 
(3) that the information recorded by the event 
data recorder also may be used in a law enforcement 
proceeding. 
(b) REQUIRED DISCLOSURES
IN OWNER’S MAN-
UAL.—The manufacturer shall include, in clear and con-
spicuous language in the owner’s manual of any new auto-
mobile containing an event data recorder, the disclosures 
required by subsection (a). 
SEC. 3. OWNERSHIP AND RETRIEVAL OF EVENT DATA RE-
CORDER DATA. 
Any event data recorder in the vehicle and any data 
recorded on any event data recorder in the vehicle shall 
be considered the property of the owner of the vehicle. 
Data that is recorded on any event data recorder may not 
be downloaded or otherwise retrieved by a person other 
than the owner of the motor vehicle, 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. 
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(3) The data is retrieved by a motor vehicle 
dealer, or by an automotive technician for the pur-
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. 
SEC. 4. REQUIREMENT FOR EVENT DATA RECORDERS ON 
NEW AUTOMOBILES. 
No person may manufacture for sale, sell, offer for 
sale, introduce or deliver into interstate commerce, or im-
port into the United States, an automobile manufactured 
after 2008 (and bearing a model year of 2009 or later) 
that is equipped with an event data recorder, unless such 
event data recorder includes a function whereby the con-
sumer has the option to enable or disable the recording 
function of the event data recorder. Once disabled, the re-
cording function shall not resume functioning until the 
consumer elects to enable such functioning. 
SEC. 5. ENFORCEMENT. 
(a) TREATMENT OF VIOLATIONS AS UNFAIR OR DE-
CEPTIVE ACTS OR PRACTICES.—A violation of section 2, 
3 or 4 shall be treated as a violation of a rule defining 
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an unfair or deceptive act or practice prescribed under sec-
tion 18(a)(1)(B) of the Federal Trade Commission Act 
(15 U.S.C. 57a(a)(1)(B)). 
(b) FEDERAL TRADE COMMISSION AUTHORITY.— 
The Federal Trade Commission shall enforce this Act in 
the same manner, by the same means, and with the same 
jurisdiction, powers, and duties as though all applicable 
terms and provisions of the Federal Trade Commission 
Act (15 U.S.C. 41 et seq.) were incorporated into and 
made a part of this Act. 
(c) RULEMAKING.—Within 180 days following the 
enactment of this Act, the Federal Trade Commission 
shall prescribe regulations to carry out this Act, including 
guidelines setting forth a uniform method by which a deal-
er may provide the disclosures and options required by 
section 2. 
SEC. 6. DEFINITIONS. 
As used in this Act: 
(1) The term ‘‘consumer’’ has the meaning 
given the term ‘‘ultimate purchaser’’ in section 2 of 
the Automobile Information Disclosure Act (15 
U.S.C. 1231). 
(2) The term ‘‘dealer’’ has the meaning given 
that term in section 30102(a) of title 49, United 
States Code. 
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