Maine Legislature, Session 122, LD 1885
Committee Amendment CA_A_H876 (House)

MAINE STATE LEGISLATURE 
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Reproduced from scanned originals with text recognition applied 
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L.D. 1885 
DATE: 
(Filing No. 
JUDICIARY 
Reproduced and distributed under the direction of the Clerk, of 
the House. 
t22ND LEGISLATURE 
COMMITTEE AMENDMENT "A" to H.P. 1325, L.D. 1885, Bill, "An 
Act To Protect Drivers' Privacy by Clarifying Ownership of Data 
Recorded by Motor Vehicle Data Recorders" 
Amend the bill by striking out everything after the enacting 
clause and before the summary and inserting in its place the 
following: 
'Sec.t. 29-A MRSA c.17, sub-c. 3 is enacted to read: 
SUBCHAPTER 3 
MO'l'OR VEHICLE EVENT DATA RECORDERS 
§1971. 
Definitions 
As 
used in this subchapter, unless the context otherwise 
indicates, the following terms have the following meanings. 
1. 
Event data recorder. 
"Event data recorder" means 
a 
feature that is installed by the manufacturer of a motor vehicle 
and 
does 
one 
or 
more 
of the 
following for 
the purpose of 
capturing data for retrieval after a crash: 
A. 
Records vehicle speed, direction or both; 
B. 
Records vehicle location data; 
Page l-LR2465(2) 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT "~,, to H.P. 1325, L.D. 1885 
C. 
Records vehicle steering performance; 
D. 
Records vehicle brake performance, 
including whether 
brakes were applied before the crash; 
E. 
Records the driver's seatbelt status; and 
F. 
Has the ability to transmit information concerning a 
crash in which the motor vehicle has been involved to a 
central communication system when a crash occurs. 
2. 
Owner. 
"Owner" means: 
A. 
A 
person 
having 
all 
the 
incidents 
of 
ownership, 
including the legal title of the motor vehicle, whether or 
not the person lends, rents or creates a security interest 
in the motor vehicle; 
B. 
A person entitled to the possession of the motor vehicle 
as the purchaser under a security agreement; or 
C. 
A person entitled to possession of the motor vehicle as 
lessee pursuant to a written lease agreement, as long as the 
agreement at inception is for a period of at least 3 months. 
§1972. 
Ownership and access to data 
1. 
Ownership; 
access. 
Data described in section 2561, 
subsection 1 that are recorded on an event data recorder may not 
be downloaded or otherwise retrieved by a person other than the 
owner of the motor vehicle at the time the data are accessed, 
except under the following circumstances: 
A. 
The owner of the motor vehicle or the owner's agent or 
legal 
representative 
consents 
to 
the 
retrieval 
of 
the 
information; 
B. 
A court of competent jurisdiction in this State orders 
the production of the data; 
C. 
For purposes of improving motor vehicle safety, security 
or traffic management, 
including medical research on the 
human body's reaction to motor vehicle crashes, as long as 
the identity of the owner or driver is not disclosed in 
connection with that retrieved data. 
For the purposes of 
this paragraph, the disclosure of the vehicle identification 
number with the last 4 digits deleted does not constitute 
the disclosure of the identity of the owner or driver; 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT 
to H.P. 1325, L.D. 1885 
D. 
The data are retrieved by 
a 
licensed motor vehicle 
dealer or by an automotive technician for the purpose of 
diagnosing, servicing or repairing the motor vehicle: 
E. 
The data are retrieved for the purpose of determining 
the need for or facilitating emergency medical response in 
the event of a motor vehicle crash; 
F. 
The data are retrieved by a 
law enforcement officer 
acting pursuant to authority recognized under 
applicable 
statutory or constitutional law; or 
G. 
The data are requested as part of routine civil or 
criminal discovery. 
2. 
Release of data prohibited: 
exceptions. 
A person, 
including a service or data processor operating on behalf of such 
person, authorized to download or otherwise retrieve data from 
the event data recorder pursuant to subsection 1, paragraph C may 
not release the data except: 
A. 
For the purpose of motor vehicle safety and medical 
research 
communities 
to 
advance 
motor 
vehicle 
safety, 
security or traffic management; or 
B. 
To a data processor solely for the purposes permitted by 
this subsection only if the identity of the owner or driver 
is not disclosed. 
3. 
Disclosure by subscription services. 
If a motor vehicle 
is equipped with an event data recorder that is capable of 
recording or transmitting information described in section 1971, 
subsection 
and that capability is part of 
a 
subscription 
service, 
the 
fact that the 
information 
may 
be 
recorded or 
transmitted 
must 
be 
disclosed 
in 
the 
subscription 
service 
agreement. 
4. 
Application 
concerning 
subscription 
services. 
Subsection 1 does not apply to subscription services meeting the 
requirements of subsection 3. 
5. 
Duty to cOQperate. 
Nothing in this subchapter affects 
an insured's duty to cooperate as provided in an applicable 
insurance contract or agreement. 
§1973. 
Disclosure by manufacturer 
A manufacturer of a new motor vehicle sold or leased in this 
State that is equipped with one or more event data recorders, 
including those known as "sensing and diagnostic modules," shall 
disclose that fact in the owner's manual for the motor vehicle.' 
COMMITTEE AMENDMENT 
cemITTEE AMENDMENT .~ .. to H.P. 1325. L.D. 1885 
SUMMARY 
This amendment replaces the bill. 
This amendment provides that data recorded by an event data 
recorder in a motor vehicle are the property of the owner of the 
motor vehicle and may not be downloaded or accessed by anyone 
other than the owner, with certain exceptions. 
The exceptions 
are: 
1. 
The owner of the motor vehicle or the owner's agent or 
legal representative consents to the retrieval of the information; 
2. 
A court of competent jurisdiction in this State orders 
the production of the data; 
3. 
For purposes of improving motor vehicle safety, security 
or traffic management, including medical research on the human 
body's reaction to motor vehicle crashes, as long as the identity 
of the owner or driver is not disclosed in connection with that 
retrieved data; 
4. 
The data are retrieved by a 
licensed motor vehicle 
dealer 
or 
by 
an 
automotive 
technician 
for 
the 
purpose 
of 
diagnosing, servicing or repairing the motor vehicle; 
5. 
The data are retrieved for the purpose of determining 
the need for or facilitating emergency medical response in the 
event of a motor vehicle crash; 
6. 
The data are retrieved by a 
law 
acting 
pursuant 
to 
authority 
recognized 
statutory or constitutional law; and 
enforcement officer 
under 
applicable 
7. 
The data are requested as part of routine discovery. 
If the event data recorder is capable of 
recording or 
transmitting 
the 
motor 
vehicle's 
location 
as 
part 
of 
a 
subscription service, that information must be disclosed in the 
subscription 
service 
agreement. 
The 
limitation 
on 
the 
downloading and accessing of data does not apply to subscription 
services meeting the service sUbscription agreement disclosure 
requirement. 
The manufacturer of a 
new motor vehicle that contains an 
event data recorder and that is sold or leased in this State 
shall disclose the presence of the event data recorder in the 
owner's manual for that motor vehicle. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT "4" to H.P. 1325, L.D. 1885 
Insurance policies require the insured to cooperate with the 
insurer in the investigation of any accident or claim under the 
policy. 
This amendment makes it clear that this duty is not 
affected by the new provisions. 
COMMITTEE AMENDMENT