House Bill 119

AN ACT TO PROVIDE THAT A MANUFACTURER OF A NEW MOTOR VEHICLE MANUFACTURED ON OR AFTER JULY 1, 2006, THAT IS SOLD OR LEASED IN THIS STATE AND THAT IS EQUIPPED WITH CERTAIN EVENT DATA RECORDING DEVICES MUST DISCLOSE THAT FACT IN THE OWNER'S MANUAL FOR THE VEHICLE; TO PROHIBIT SPECIFIED DATA THAT IS RECORDED ON SUCH A DEVICE FROM BEING DOWNLOADED OR OTHERWISE RETRIEVED BY A PERSON OTHER THAN THE REGISTERED OWNER OF THE MOTOR VEHICLE EXCEPT UNDER SPECIFIED CIRCUMSTANCES; TO REQUIRE A MOTOR VEHICLE SUBSCRIPTION SERVICE AGREEMENT TO DISCLOSE THAT SPECIFIED INFORMATION MAY BE RECORDED OR TRANSMITTED AS PART OF THE SUBSCRIPTION SERVICE; AND FOR RELATED PURPOSES.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MISSISSIPPI:

SECTION 1. (1) The manufacturer of a motor vehicle manufactured on or after July 1, 2006, that is sold or leased in

this state, and that is equipped with one or more recording devices commonly referred to as "event data recorders (EDR)" or "sensing and diagnostic modules (SDM)," shall disclose that fact in the owner's manual for the vehicle.

(2) As used in this section, "recording device" means a device that is installed by the manufacturer of the vehicle and does one or more of the following, for the purpose of retrieving data after an accident:

(a) Records how fast and in which direction the motor vehicle is traveling;

(b) Records a history of where the motor vehicle travels;

(d) Records brake performance including, but not limited to, whether brakes were applied before an accident;

(e) Records the driver's seatbelt status; or

(f) Has the ability to transmit information concerning an accident in which the motor vehicle has been involved to a central communications system when an accident occurs.

(3) Data described in subsection (1) of this section that is recorded on a recording device may not be downloaded or otherwise retrieved by a person other than the registered owner of the motor vehicle, except under one of the following circumstances:

(a) The registered owner of the motor vehicle consents to the retrieval of the information;

(b) In response to an order of a court having jurisdiction to issue the order;

(c) For the purpose of improving motor vehicle safety, including for medical research of the human body's reaction to motor vehicle accidents, and the identity of the registered owner or driver is not disclosed in connection with that retrieved data. The disclosure of the vehicle identification number (VIN) for the purpose of improving vehicle safety, including for medical research of the human body's reaction to motor vehicle accidents, does not constitute the disclosure of the identity of the registered owner or driver; or

(d) The data is retrieved by a licensed new motor vehicle dealer, or by an automotive technician or mechanic, for the purpose of diagnosing, servicing or repairing the motor vehicle.

(4) A person authorized to download or otherwise retrieve data from a recording device under subsection (3)(c) of this section, may not release that data, except to share the data among the motor vehicle safety and medical research communities, to advance motor vehicle safety, and only if the identity of the registered 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 subsection (2)(b) or (2)(f) 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) Subsection (3) does not apply to subscription services meeting the requirements of paragraph (a) of this subsection.

SECTION 2. This act shall take effect and be in force from and after July 1, 2006.