HR 1015 - NMA's Black Box Bill
The National Motorists Association has been working on a bill that would protect motorists against the misuse of "black box" (Event Data Recorder-EDR) information.
Our proposed legislation, HR 1015, is sponsored by Congressman Michael Capuano. This bill would address several of the concerns the NMA has regarding the current and potential abuses of black boxes.
This bill contains the following provisions:
- Automobile dealers must inform consumers about EDRs in new vehicles at the time of purchase. Dealers would have to make it clear to buyers what an EDR is, what types of information it records, and that said information may be used in legal proceedings.
- Automobile manufacturers must include the same type of disclosure in the owner's manual for any new automobile containing an EDR.
- After 2009 (2010 model year and beyond), any new vehicle sold in the United States must allow vehicle owners to easily disable the EDR if the vehicle contains such a device.
- The data captured by an EDR is specifically designated the property of the vehicle owner. Such data cannot be accessed by a third party unless the owner gives consent, it is ordered by a court, necessary for servicing the vehicle, and/or will further specific motor vehicle safety research.
Click here to read the full text of HR 1015.
How You Can Help
We urge you to write to your legislators and ask that they become a co-sponsor of this bill. Click here to read a sample letter.
If you would like to write your own letter, here are some ideas that may help you get your point across:
- Automotive surveillance devices like black boxes monitor the behavior of innocent motorists, who are typically unaware that their actions are being recorded. The police can use this data to accuse the driver of a crime and insurance companies can use it to increase your premiums.
- Current black boxes can be misused, but the real concern is what may come next if these devices aren't regulated. Future surveillance devices can be used to monitor where you drive, collect fees/taxes, issue speeding tickets, and even shut down a vehicle because of a suspected equipment violation. Now is the time to take a stand against the unchecked use of these devices.
- At a bare minimum, a warrant should be required to obtain any black box data by law enforcement. A justified warrant is not hard to get, and this requirement would at least give motorists some protection from "fishing expeditions."
- If you are in a serious accident, you can bet the police and your insurance company will try to get data from your car's black box to use against you. However, it is almost impossible for you to access this information. Even though you paid for the car, you're the only one without the ability to obtain the black box data.
- Black boxes were first proposed to aid in safety research. We're not opposed to this use, but this does not require all cars to have these devices. Participation should be voluntary. Providing privacy protections for motorists concerned about being monitored would make it easier for researchers to find volunteers.
- Since 2004, ten states have passed laws regulating black boxes. Similar legislation is pending in four other states. It's important that the federal government act now on this issue to avoid a legislative hodgepodge that would create confusion for consumers, investigators, and automobile manufacturers.