An Act To Protect Drivers' Privacy by Clarifying Ownership of Data Recorded by Motor Vehicle Data Recorders
Maine Legislature, Session 122, LD 1885
Committee: Judiciary
Sponsors: PELLETIER-SIMPSON
Amends: 10 MRSA §1192

Legislative Document 
No. 1885 
H.P.1325 
House of Representatives, January 3, 2006 
An Act To Protect Drivers' Privacy by Clarifying Ownership of 
Data Recorded by Motor Vehicle Data Recorders 
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
203. 
Received by the Clerk of the House on December 28,2005. Referred to the Committee on 
Judiciary pursuant to Joint Rule 308.2 and ordered printed pursuant to Joint Rule 401. 
IY/~ 
/J7.1Jl~ 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative PELLETIER-SIMPSON of Auburn . 
PmlleJ on recycleJ paper 
Be it enacted by the People of the State of Maine as follows: 
Sec. 1. 10 MRSA §1192, as enacted by PL 1989, c. 
51, is 
amended to read: 
§1192. 
Disclosure requirements 
)1'9 A dealer may !!Qt, sell or offer to sell any new motor 
vehicle unless the dealer affixes to the windshield or side 
window of the motor vehicle the following written disclosures: 
1. 
Manufacturer's 
sugqested 
retail 
price. 
The 
manufacturer's suggested retail price; 
2. 
Manufacturer's sugqested price on options. 
The retail 
delivered price suggested by the manufacturer for each accessory 
or item of optional equipment T physically attached to the motor 
vehicle at the time of i ts delivery to the dealer, whieh .that is 
not included in the price of the motor vehicle as stated pursuant 
to subsection 1; 
3. 
Transportation charges. 
The amount, if any, charged to 
the 
dealer 
for 
transportation of 
the 
motor 
vehicle 
to 
the 
location at which it is delivered to the dealer; aRa 
4. 
Total 
amount. 
The 
total 
of 
the 
amounts 
specified 
pursuant to subsections 1, 2 and 3T ; and 
5. 
Motor 
yehic.-l~ata recorder. 
The presence of a motor 
vehicle data recorder on the vehicle, including the type of motor 
vehicle data recorder and the type of data that is stored on th~ 
motor vehicle data recorder. 
For purposes of this subsectiolh 
"motor vehicle data recorder" has the same meaning as in Ti tl~ 
29-A, section 2651, subsection 2. 
Sec. 2. 29-A MRSA c. 23. sub-c. 7 is enacted to read: 
SUBCHAPTER 7 
MOTOR VEHICLE DATA RECORDERS 
§2651. 
Definitions 
As 
used in this subchapter, unless the context otherwise 
indicates, the following terms have the following meanings. 
1. 
Data. 
"Data" 
means 
vehicle 
performance 
and 
status 
information stored in a motor vehicle data recorder. 
P<.ge l-LR2465(l) 
• 
.. 
~2~. __ ~M~o~tQr vehicle 
data 
recorder. 
"Motor 
vehicle 
data 
recorder" means: 
A. 
A factory-installed device 
in 
a 
motor vehicle that 
L~ords, stores, transmits or dispenses any of the following 
information: 
(1) 
Engine speed; 
(2) 
Vehicle location or location history: 
(3) 
Brake performance; 
(4) 
Steering performance: 
(5) 
Airbag deployment or statusi 
(6) 
Seatbelt restraint status; 
(7) 
Accelerator position; or 
(8) 
Qther 
technical 
information 
regarding 
vehicle 
dynamics and system status; and 
B. 
A sensing and Qiagnostic module in a 
motor vehicle 
manufactured by any automobile manufacturer. 
3. Owner. 
"Owner" means a person or entity: 
A. 
In whose name a motor vehicle is registered or titledi 
B. 
Who leases a motor vehicle for at least 3 months; or 
C. 
Who is entitled to possession of a motor vehicle as the' 
purchaser under a security agreement. 
§2652. 
Privacy of motor vehicle data recorder data; exceptions 
1. 
Ownership; access. 
Except as otherwise provided in this 
section, the data stored on a motor vehicle data recorder: 
A. 
Is private; 
B. 
Is exclusively owned by the owner of the motor vehicle; 
and 
~~~ot be retrieved or used by any person or entity 
other than the owner. 
2. 
Ownership of vehicle; consent. 
Consent to access data 
on a motor vehicle data recorder is governed by this subsection. 
A. 
If the motor vehicle is owned by one owner, then the 
data may 
not be retrieved or used without the written 
consent in the form of a release signed by that owner that 
authorizes a person or entity to retrieve or use the data. 
B. 
If a motor vehicle is owned by more than one person or 
entity, then the data may not be retrieved or used without 
written consent of all the owners in the form of a release 
that authorizes a person or entity to retrieve or use the 
~ 
A release to a person or entity under this subsection is limited 
to permission for data collection and compilation only and does 
not authorize the release of information that identifies the 
owner of the vehicle. 
3. 
Ownership of data in case of 
accident.J~_l]J.Qtor 
vehicle eguipped with a 
motor vehicle data recorder is involved 
in an accident in this State, the owner of the motor vehicle at 
the time of the accident owns and retains exclusive ownership 
rights to the data. 
4. 
Lienholder or insurer ownership. 
Owne r sh~QLthe niiQJ,a 
does not pass to 
a 
lienholder or to an insurer because the 
lienholder or insurer succeeds in ownership to 
th~ vehicle 
a.~ __ .. Q 
result of an accident. 
A. 
The data may not be used by a lienholder or an 
insur~r 
for 
any 
reason without written 
consent 
as 
provided 
In 
subsection 2 in the form of a release signed by the owner of 
the 
motor 
vehicle 
at 
the 
time 
of 
the 
accident 
that 
authorizes the lienholder or insurer to retrieve or use the 
~ 
B. 
A lienholder 
or 
insurer 
may 
not 
make 
payment 
or 
settlement of an obligation or claim conditioned upon the 
owner's consent to the retrieval or use of the data. 
5. 
D~ta ~~c~ss without owner's consent. 
Notwithstanding 
§YQ5e!:;tiQns 
1, 
and 3, 
the data from 
a 
motor vehicle data 
re!:;Qrder 
Qf 
a 
mQtQr vehicle 
invQlved in an 
acciQ,ent may 
be 
acces§eQ, withQut the consent of the owner at the time of the 
accident if: 
A. 
A coyrt of competent jurisdiction in this State orders 
the prQduction of the data; 
B. 
A law enforcement officer obtains the data based on 
probable cause of an offense under the laws of this State: or 
~_. ___ 
A_~enforG~m~nt officer, a firefighter or an emerg~ 
medical services provider obtains the data in the course of 
responding 
to 
or 
investigating 
an 
emergency 
involving 
physical injury or the risk of physical injury to any person. 
6. 
Acces~~ata by 
de~~rtment. 
Notwithstanding 
su1;?sections 1 and 2, the department may obtain data from a motor 
vehicle 
data 
recorder if 
the 
data is 
used 
solely 
for 
the 
following purposes: 
A. 
Preclearing weigh stations: 
B. 
Automating driver records of duty status as authorized 
by the United States Department of Transportation: 
C. 
Replacing handwritten reports for any fuel tax reporting 
or other mileage reporting purpose; or 
D. 
Complying with a state or federal law. 
2~ 
1. 
Use 
Qf 
data 
in 
criminal 
or 
civil 
matter. 
~Qtwithstanding any other provision of this section, data from a 
metor vehicle data recorder may not be used as evidence in a 
c_ivil or criminal matter pending before a court of this State if 
B 
tbL ___ ~r igirrQl ___ !TIanllL~ctuLe.X_·_s ___ ~ranty of the motor vehicle has 
~x--JllL e d . 
~ 
Ex~eI>tiJH!.s'. 
This section does not apply to the use of 
dpta from a mQ_tQ~vellicle d~recorder: 
A. 
To 
deterI1li.~---.J;JJ.~ __ Jleed for or to facilitate emeN-ency 
medical care for the driver or passenger of a motor vehicle 
that 
1S 
involved 
in 
a 
motor 
vehicle accident or 
other 
emergency, 
including obtaining data from 
a 
company 
that 
provides 
subscription 
services 
to 
the 
owners 
of 
motor 
vehicles for in-vehicle safety and security communications 
systems; 
B. 
To facilitate medical research of the effect of motor 
vehicle crashes on the human body as long as: 
(1) 
Th~Q~~i.ty of 
the 
owner 
or 
driver 
is 
not 
disclosed in connection with the retrieved data; and 
(2) 
The last 4 digits of the vehicle identif ication 
number are not disclosed; or 
c. 
To diagnose, service or repair a motor vehicle. 
SUMMARY 
This bill, based on Arkansas law, governs the use of data 
from motor vehicle data recorders. 
This bill: 
1. 
Specifies that the data is the private and exclusive 
property of the owner of the motor vehicle; 
2. 
Specifies what type of consent is required and from whom 
in order to obtain access to the data; 
3. 
Allows 
the 
data 
to 
be 
accessed 
only 
in 
certain 
situations, such as: 
A. 
When necessary to facilitate emergency medical care for 
the owner or passenger of a vehicle involved in a motor 
vehicle accident; 
B. 
When ordered by a court; 
c. 
When 
a 
law enforcement officer has probable cause to 
believe that an offense of Maine law has occurred; 
D. 
For 
research 
identification 
of 
vehicle; and 
purposes, 
the 
owner 
as 
or 
long 
as 
operator 
there 
of 
the 
is 
no 
motor 
E. 
For the purpose of diagnosing, servicing or repairing a 
motor vehicle; 
4. 
Prohibits a lienholder or insurer who obtains ownership 
of the vehicle after an accident from accessing the data without 
consent of the owner or withholding an insurance payment unless 
consent is given; 
5. 
Allows the Department of Transportation to access the 
motor vehicle data recorder for purposes related to preclearing 
weigh 
stations, 
automating 
driver 
records 
of 
duty 
status 
replacing handwritten reports for mileage reporting or complying 
with state or federal law; 
6. 
Requires a seller or manufacturer of a motor vehicle 
equipped with a motor vehicle data recorder to inform the buyer, 
in writing, of the presence on the vehicle of a motor vehicle 
data recorder and the type of data captured by the motor vehicle 
data recorder; and 
7. 
Prohibits the admission into evidence in a civil or 
criminal matter of data from a motor vehicle data recorder if the 
original manufacturer's warranty of the motor vehicle has expired.