2023 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.