NY Veh & Traf L § 416-B (2021)
2021 New York Laws VAT - Vehicle and Traffic Title 4 - Registration of Vehicles Article 16 - Registration of Dealers and Transporters 416-B - Vehicle Data Recording Devices.

§  416-b.  Vehicle  data recording devices. 1. A manufacturer of a new motor vehicle sold or leased in this state, which is equipped  with  one or more recording devices commonly referred to as "event data recorders" including  "sensing  and diagnostic modules" shall disclose that fact in or along with the owner's manual for the vehicle.   2. As used in this section, (a) "event data recorder" means a  feature that  is  installed  by  the manufacturer of the vehicle and does one or more of the following, for the purpose of capturing data  for  retrieval after a crash:  (i) Records vehicle speed and/or direction.  (ii) Records vehicle location.  (iii) Records vehicle steering performance.  (iv) Records brake performance, including, but not limited to, whether brakes were applied before a crash.  (v) Records the driver's seatbelt status.  (vi)  Has  the  ability  to transmit information concerning a crash in which the motor vehicle has been involved to  a  central  communications system when a crash occurs.  (b)  "owner"  means  a  person  having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents or creates a security interest in the vehicle; a  person  entitled to  the  possession  of  a  vehicle  as  the  purchaser under a security agreement; or the person entitled to possession of the vehicle as lessee pursuant to a  written  lease  agreement,  provided  such  agreement  at inception is for a period in excess of three months.   3.  Data described in subdivision two of this section that is 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 is accessed, except under one of 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)  In  response  to  an  order  of  a  court  or  other  judicial or administrative authority having jurisdiction to issue the order.  (c) For the purpose of improving motor  vehicle  safety,  security  or traffic  management  including  for medical research of the human body's reaction to motor vehicle crashes, provided that  the  identity  of  the registered  owner  or  driver  is  not disclosed in connection with that retrieved data. For purposes of  this  section  the  disclosure  of  the vehicle  identification  number (VIN) with the last four digits deleted, does not constitute the disclosure of the  identity  of  the  registered owner or driver.  (d)  The  data  is retrieved by a licensed new motor vehicle dealer as defined in section four  hundred  fifteen  of  this  article  or  by  an automotive  technician  trained  in  such  retrieval  and  employed by a registered motor vehicle repair shop as defined in article  twelve-A  of this chapter, for the purpose of diagnosing, servicing, or repairing the motor vehicle.  (e)  The data is retrieved for the purpose of determining the need for or facilitating emergency medical response  in  the  event  of  a  motor vehicle crash.   4. A person, including a service or data processor operating on behalf of  such a person authorized to download or otherwise retrieve data from an event data recorder pursuant to paragraph (c) of subdivision three of this section, may not release that data,  except  for  the  purposes  of motor  vehicle  safety and medical research communities to advance motor vehicle safety, security or traffic management, or to a  data  processor solely  for  the  purpose permitted by this subdivision, and only if the identity of the owner or driver is not disclosed.    5. (a) If a motor vehicle is equipped with a recording device that  is capable  of  recording  or  transmitting  information  as  described  in subparagraph (ii) or (vi) of paragraph (a) of subdivision  two  of  this section  and that capability is part of a subscription service, the fact that  the  information may be recorded or transmitted shall be disclosed in the subscription service agreement.  (b) Subdivision three of this section does not apply  to  subscription services meeting the requirements of paragraph (a) of this subdivision.