HLS 15RS-730 ORIGINAL
2015 Regular Session
HOUSE BILL NO. 737
BY REPRESENTATIVE ORTEGO
Prefiled pursuant to Article III, Section 2(A)(4)(b)(i) of the Constitution of Louisiana.
MOTOR VEHICLES: Provides relative to the ownership of recording devices in motor
vehicles
1 AN ACT
2To enact Part XVII of Chapter 3 of Title 32 of the Louisiana Revised Statutes of 1950, to be
3 comprised of R.S. 32:691 through 698, relative to recording devices in motor
4 vehicles; to provide for disclosure of the existence of a recording device to owner of
5 motor vehicle; to provide for ownership of a motor vehicle recording device; to
6 provide exceptions for ownership; to provide for access to recorded data on a motor
7 vehicle recording device; to provide for a condition precedent to a request for
8 recorded data; to provide for a prohibition on conditioning insurance coverage and
9 payment of a claim on the release of recorded data; to provide for a prohibition on
10 the download of recorded data; to provide for commercial availability of a tool
11 capable of accessing and retrieving recorded data; and to provide for related matters.
12Be it enacted by the Legislature of Louisiana:
13 Section 1. Part XVII of Chapter 3 of Title 32 of the Louisiana Revised Statutes of
141950, comprised of R.S. 32:691 through 698, is hereby enacted to read as follows:
15 PART XVII. MOTOR VEHICLE RECORDING DEVICES
16 §691. Definitions
17 As used in this Part, the following words and phrases shall have the meaning
18 ascribed to them in this Section, unless the context requires otherwise:
19 (1) "Accessed" means downloaded, extracted, scanned, read, or otherwise
20 retrieved.
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1 (2) "Custodian" means any person or entity that stores, holds, maintains,
2 administers, or is responsible for granting access to the recorded data for third party
3 access.
4 (3) "Owner" means a person or entity having all the incidents of ownership,
5 including legal title of a vehicle, whether or not such person lends, rents, or creates
6 a security interest in the vehicle; a person entitled to the possession of a vehicle as
7 the purchaser under a security agreement; a person entitled to possession of the
8 vehicle as the lessee pursuant to a written lease agreement, provided such agreement
9 at its inception is for a period in excess of three months; or a person who is the
10 authorized representative of the owner.
11 (4) "Recorded data" means the data stored or preserved electronically in a
12 recording device identifying performance or operation information about the motor
13 vehicle including, but not limited to, the following:
14 (a) Vehicle speed or direction in which the vehicle is traveling, or both.
15 (b) Vehicle location.
16 (c) Vehicle steering performance.
17 (d) Vehicle brake performance including, but not limited to, whether brakes
18 were applied before crash.
19 (e) The driver's seatbelt restraint status.
20 (f) Information concerning a crash in which the motor vehicle has been
21 involved, including the ability to transmit such information to a central
22 communication system.
23 (5) "Recording device" means an electronic system, and the physical device
24 or mechanism containing the electronic system, that primarily, or incidental to its
25 primary function, preserves or records, in electronic form, data collected by sensors
26 or provided by other systems within the vehicle. "Recording device"shall include
27 event data recorders, sensing and diagnostic modules, electronic control modules,
28 automatic crash notification systems, geographic information systems, and any other
29 device that records and preserves data that can be accessed related to that vehicle.
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1 §692. Disclosure of the existence of a recording device
2 A. A manufacturer of a new motor vehicle that is sold or leased in this state
3 and that is equipped with a recording device, as defined in this Part, shall disclose
4 that fact in the owner's manual of the vehicle. A disclosure made in writing is
5 deemed a disclosure in the owner's manual. The provisions of this Subsection shall
6 apply only to vehicles manufactured in 2008 and subsequent model years.
7 B. If a recording device is to be installed in a vehicle aftermarket, the
8 manufacturer or distributor of the device shall disclose in the product manual the
9 type of information that the device may record and whether the recording device has
10 the ability to transmit recorded data to a central communications system or other
11 external device. A disclosure made in writing is deemed a disclosure in the product
12 manual.
13 C. If a motor vehicle is equipped with a recording device that is part of a
14 subscription service, then the information that may be recorded, stored, transmitted,
15 or dispensed shall be disclosed in the subscription service agreement.
16 §693. Data ownership; access; responsibilities; exceptions
17 A.(1) The recorded data on a motor vehicle recording device is exclusively
18 owned by the owner of the motor vehicle.
19 (2) When the recording device and recorded data are not removed or
20 separated from the motor vehicle, the ownership of the recording device and
21 recorded data survives the sale of the motor vehicle to any nonbeneficial owner such
22 as an insurer, salvage yard, or other person who does not possess and use the motor
23 vehicle for normal transportation purposes.
24 B. Recorded data shall not be retrieved, downloaded, scanned, disseminated,
25 read, or otherwise accessed by a person other than the owner of the motor vehicle in
26 which the recording device is installed, except under the following circumstances:
27 (1) With the written consent of the owner of the motor vehicle or owner's
28 legal representative.
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1 (2) The owner of the motor vehicle or the owner's legal representative has
2 a contract with a third-party subscription service that requires access to a recording
3 device or recorded data in order to perform the contract, as long as the recorded data
4 is only accessed and used in accordance with the contract. In such instance, the
5 owner shall be notified, in writing, of the recording device.
6 (3) A licenced new motor vehicle dealer, or a technician or mechanic at a
7 motor vehicle repair or service facility requires access to recorded data in order to
8 accomplish his normal and ordinary diagnosis, service, and repair duties and such
9 recorded data is only used to perform such duties.
10 (4) The recorded data is accessed by an emergency response provider and
11 is used only for the purpose of determining the need for or facilitating an emergency
12 response. Such persons are authorized to receive data transmitted or communicated
13 by any electronic system of a motor vehicle that constitutes an automatic crash
14 notification system and utilizes or reports data provided by or recorded by recording
15 devices installed on or attached to a motor vehicle to assist them in performing their
16 duties as emergency response providers.
17 (5) A court of competent jurisdiction orders the production of the recorded
18 data pursuant to discovery. Any recorded data obtained by a court order or pursuant
19 to discovery is private and confidential and is not subject to public disclosure.
20 (6) The recorded data is accessed by law enforcement in the course of an
21 investigation, where constitutionally permissible and in accordance with any
22 applicable law, regarding searches and seizures upon probable cause to believe that
23 the recording device contains evidence relating to a violation of the laws of
24 Louisiana or the United States.
25 C. No owner, insurer, custodian, or other person shall delete, erase,
26 manipulate, or otherwise make unavailable for access any recorded data when
27 litigation is reasonably anticipated.
28 D. If a person or entity accesses recorded data pursuant to this Section, such
29 entity or person shall not transmit or otherwise convey the recorded data to a third
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1 party unless necessary to carry out their duties thereunder. Owners shall be notified,
2 in writing, of any such disclosure to third parties, identifying the name of the third
3 party and the reasons for disclosure.
4 §694. Data dissemination
5 The custodian of recorded data obtained from a recording device shall
6 provide any such recorded data or other information recorded, held, stored,
7 maintained, or administered to the owner of the motor vehicle, upon request, without
8 a court order.
9 §695. Condition precedent to a request for recorded data; settlement
10 A. The consent of the motor vehicle owner or the owner's legal
11 representative for use of recorded data for purposes of investigating a motor vehicle
12 accident or insurance claim shall not be requested or obtained until after the event
13 giving rise to the claim has occurred, and shall not be made a condition of the
14 defense, payment, or settlement of an obligation or claim. For underwriting and
15 rating purposes, the motor vehicle owner may provide his consent either directly to
16 the insurer or through and as certified by a named insured.
17 §696. Failure to access recorded data; insurer
18 The failure of an insurer to obtain access to the recorded data shall not create,
19 nor shall it be construed to create, an independent or private cause of action in favor
20 of any person.
21 §697. Motor vehicle insurance policies; renewals; coverage; premiums; and
22 discounts
23 A. No insurer shall refuse to renew a motor vehicle insurance policy solely
24 because an owner of a motor vehicle refuses to provide access to recorded data from
25 a recording device.
26 B. No insurer or agent shall reduce coverage, increase the insured's premium,
27 apply a surcharge, refuse to apply a discount other than a discount that is based on
28 data recorded by a recording device, place in a less favorable tier, refuse to place in
29 the company's best tier, or when there are multiple companies available within a
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1 group of insurers, fail to place in the most favorably priced company solely because
2 a motor vehicle owner refuses to allow an insurer access to recorded data from a
3 recording device.
4 §698. Retrieval of data
5 A manufacturer of a motor vehicle sold or leased in this state that is equipped
6 with a recording device shall ensure by licensing agreement or other means that a
7 tool or tools are available that are capable of accessing and retrieving the information
8 stored in a recording device.
DIGEST
The digest printed below was prepared by House Legislative Services. It constitutes no part
of the legislative instrument. The keyword, one-liner, abstract, and digest do not constitute
part of the law or proof or indicia of legislative intent. [R.S. 1:13(B) and 24:177(E)]
HB 737 Original 2015 Regular Session Ortego
Abstract: Provides for the ownership, disclosure, dissemination, retrieval, and retention of
data located on recording devices in motor vehicles.
Proposed law (R.S. 32:692(A)) requires a manufacturer of a new motor vehicle that is sold
or leased in this state and that is equipped with a recording device to disclose that fact in the
owner's manual of the vehicle. Specifies that the provisions apply only to vehicles
manufactured for 2008 and subsequent model years.
Proposed law (R.S. 32:692(B)) requires manufacturer to disclose in the product manual the
type of information that the recording device may record and whether the recording device
has the ability to transmit recorded data to a central communications system or other external
device. Specifies that such disclosure made in writing is deemed a disclosure in the product
manual.
Proposed law (R.S. 32:692(C)) requires disclosure of recording device if the motor vehicle
has a subscription agreement.
Proposed law (R.S. 32:693(A)(1)) mandates that the owner of the motor vehicle has
exclusive rights to the recording device.
Proposed law (R.S. 32:693(A)(2)) provides that when the recorded data is not removed or
separated from the motor vehicle, the ownership of the recorded data survives the sale of the
motor vehicle to any non-beneficial owner, or other person who does not possess and use the
motor vehicle for normal transportation purposes.
Proposed law (R.S. 32:693(B)) prohibits any person, other than the owner, from retrieving
or accessing recorded data except when there is written consent by the owner; a court order;
for diagnosing, servicing, or repairing the vehicle; the dispatch of emergency medical
personnel; or probable cause related to the commission of an offense.
Proposed law (R.S. 32:693(C)) prohibits an owner, insurer, or other person from deleting,
erasing, manipulating, or otherwise making unavailable for access any recorded data when
litigation is reasonably anticipated.
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Proposed law (R.S. 32:693(D)) prohibits an entity or person from transmitting or otherwise
conveying the recorded data to a third party unless necessary to carry out their duties. The
owner must have written notification identifying the name of the third party and reasons for
disclosure.
Proposed law (R.S. 32:694) provides that a custodian recorded data shall provide any
recorded data or other information recorded, held, stored, maintained, or administered, to the
owner of the motor vehicle, upon request, without a court order.
Proposed law (R.S. 32:695) prohibits the consent of the motor vehicle owner from being
requested until after a claim arises, and it cannot be made a condition of the defense,
payment, or settlement of an obligation or claim. Further provides that the motor vehicle
owner may provide his consent either directly to the insurer or through and as certified by
a named insured.
Proposed law (R.S. 32:696) provides that the failure of an insurer to obtain access to the
recorded data does not create an independent or private cause of action in favor of any
person.
Proposed law (R.S. 32:697(A)) prohibits an insurer from refusing to renew a motor vehicle
insurance policy solely because an owner of a motor vehicle refuses to provide access to
recorded data from a recording device.
Proposed law (R.S. 32:697(B)) prohibits an insurer from reducing coverage, increasing the
insured's premium, applying a surcharge, refusing to apply a discount other than a discount
that is based on data recorded by a recording device, placing in a less favorable tier, refusing
to place in the company's best tier, or when there are multiple companies available within
a group of insurers, failing to place in the most favorably priced company solely because a
motor vehicle owner refuses to allow an insurer access to recorded data from a recording
device.
Proposed law (R.S. 32:698) requires a manufacturer of a motor vehicle sold or leased in this
state that is equipped with a recording device to ensure by licensing agreement or other
means that tools are available that are capable of accessing and retrieving the recorded data
stored in a recording device.
(Adds R.S. 32:691-698)
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