HB5777 98TH GENERAL ASSEMBLY

LRB098 18222 MLW 53353 b

98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB5777

Introduced 2/14/2014, by Rep. Brian W. Stewart

SYNOPSIS AS INTRODUCED:

625 ILCS 5/12-614 new

Amends the Illinois Vehicle Code. Provides that vehicles installed with data recording devices must disclose the presence of the data recording device and its functions in the owner's manual. Defines a data recording device as a device that (1) records the vehicle's speed and direction of travel; (2) records the vehicle's location; (3) records steering performance; (4) records brake performance including but not limited to whether brakes were applied before an accident; (5) records the driver's seat belt status; or (6) can transmit information concerning an accident to a central communications system. Provides that data recorded by a data recording device can only be accessed (1) with the owner's consent; (2) by court order; (3) for the purpose of researching motor vehicle safety provided the identity of the driver is not disclosed; (4) by a vehicle dealer or repairer for the purpose of diagnosing, servicing, or repairing the vehicle; or (5) according to a subscription service. Provides that these provisions apply only to vehicles manufactured or data recording devices installed on or after the effective date of this Act.

A BILL FOR

AN ACT concerning transportation.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Vehicle Code is amended by adding Section 12-614 as follows:

(625 ILCS 5/12-614 new)

Sec. 12-614. Data recording devices.

(a) For the purposes of this Section, "data recording device" means a device that is installed by the manufacturer of the vehicle and which does any of the following, for the purpose of retrieving data after an accident:

(1) records the vehicle's speed or direction of travel;

(2) records the vehicle's location or location history;

(3) records steering performance;

(4) records brake performance including but not limited to whether brakes were applied before an accident;

(5) records the driver's seat belt status; or

(6) 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.

(b) A manufacturer of a motor vehicle sold or leased in this State that is equipped with a data recording device shall disclose the presence and functions of any data recording device in the owner's manual for the vehicle.

(c) Data recorded on a data recording device may not be downloaded or otherwise retrieved by a person other than the registered owner of the motor vehicle unless:

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

(2) in response to a court order;

(3) for the purpose of improving motor vehicle safety, including for medical research of the human body's reaction to motor vehicle accidents; or

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

(d) A person authorized to download or otherwise retrieve data from a data recording device under paragraph (3) of subsection (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. The disclosure of the vehicle identification number (VIN) does not constitute the disclosure of the identity of the registered owner or driver under this subsection.

(e) If a motor vehicle is equipped with a data recording device that is capable of recording or transmitting information and that recording or transmission is part of a subscription service, the subscription service shall be exempt from subsection (c) of this Section provided that the fact that information may be recorded or transmitted is disclosed in the subscription service agreement.

(f) This Section applies to all motor vehicles manufactured and data recording devices installed on or after the effective date of this amendatory Act of the 98th General Assembly.