1Providing for notice of motor vehicle event data recorders and
2for information retrieval; imposing penalties; and providing
3for evidentiary rules.

4The General Assembly of the Commonwealth of Pennsylvania
5hereby enacts as follows:

6Section 1. Short title.

7This act shall be known and may be cited as the Motor Vehicle
8Event Data Recorder Act.

9Section 2. Definitions.

10The following words and phrases when used in this act shall
11have the meanings given to them in this section unless the
12context clearly indicates otherwise:

13"Authorized person." A licensed new motor vehicle dealer or
14a licensed automotive technician.

15"Lease." A lease agreement between a lessor and lessee for a 
16term of at least 12 months.

17"Motor vehicle event data recorder." A device installed in a 
18motor vehicle by the manufacturer of the vehicle for the purpose 

1of retrieving data about the operation of the motor vehicle, 
2including data relating to speed, direction, location, 
3operational functioning and use of safety devices in the motor 
4vehicle.

5"New motor vehicle." The term includes only a new motor 
6vehicle that is purchased or leased for personal use.

7Section 3. New vehicle notice.

8(a) Requirement.--The manufacturer of a new motor vehicle
9sold or leased in this Commonwealth shall disclose the following
10in the owner's manual of the vehicle:

11(1) Whether the new motor vehicle is equipped with a
12motor vehicle event data recorder.

13(2) If the new motor vehicle is equipped with a motor
14vehicle event data recorder:

15(i) a description of the data which can be recorded;
16and

17(ii) notice that data downloaded or otherwise
18retrieved by an event data recorder or similar device can
19be used as evidence in legal proceedings.

20(b) Penalty.--A violation of this act shall constitute a 
21violation of the act of December 17, 1968 (P.L.1224, No.387), 
22known as the Unfair Trade Practices and Consumer Protection Law.

23Section 4. Information retrieval.

24(a) General rule.--Only authorized persons may download or
25otherwise retrieve information from a motor vehicle event data
26recorder, and no information downloaded or otherwise retrieved
27by authorized persons may be released or shared with any
28individual except under one of the following circumstances:

29(1) The owner of the motor vehicle consents to the
30downloading, retrieval or use.

1(2) A court order, including after an accident involving
2the motor vehicle, is lawfully issued.

3(3) The motor vehicle event data recorder or data is
4retrieved or used for research purposes related to improving
5vehicle safety, provided the identity of the registered owner
6or driver is not disclosed.

7(4) The motor vehicle event data recorder or data is
8retrieved or used for the purpose of diagnosing, servicing or
9repairing the vehicle.

10(5) The National Transportation Safety Board makes a
11request as part of an official accident investigation.

12(b) Exemption.--Subsection (a) does not apply to
13subscription services.

14(c) Grading.--An individual who violates subsection (a)
15commits a summary offense.

16Section 5. Evidence.

17(a) General rule.--Data from a motor vehicle event data
18recorder that is downloaded, retrieved or used in violation of
19this act is inadmissible in evidence in any civil, criminal or
20administrative action.

21(b) Use of evidence.--Data from a motor vehicle event data
22recorder that is downloaded, retrieved or used in accordance
23with this act shall be insufficient to support an adjudication
24of the cause of a motor vehicle accident unless it is
25corroborated by other evidence.

26(c) Applicability.--This section shall apply to an action
27initiated on or after the effective date of this section.

28Section 6. Subscription services.

29If a motor vehicle event recorder is installed as part of a
30subscription service, the subscription service agreement shall

1disclose that the device may record or transmit information as
2described in section 3.

3Section 7. Effective date.

4This act shall take effect in 60 days.