Chapter 644
AN ACT
HB 2568
Relating to motor vehicle event data recorders.
Be It Enacted by the People of
the State of Oregon:
SECTION 1. As
used in sections 1 to 6 of this 2007 Act:
(1) “Event data recorder”
has the meaning given that term in 49 C.F.R 563.5, as in effect on the
effective date of this 2007 Act.
(2) “Owner” means a
person:
(a) In whose name a
motor vehicle is registered or titled;
(b) Who leases a motor
vehicle for at least three months;
(c) Who is entitled to
possession of a motor vehicle as the purchaser under a security agreement; or
(d) Who is the attorney
in fact, conservator or personal representative for a person described in
paragraphs (a) to (c) of this subsection.
SECTION 2. Except
as specifically provided under sections 1 to 6 of this 2007 Act, the data on a
motor vehicle event data recorder is exclusively owned by the owner of the
motor vehicle and may not be retrieved or used by any person other than the
owner of the motor vehicle without the written consent of the owner. If a motor
vehicle is owned by more than one person, all owners must consent to the
retrieval or use of the data from a motor vehicle event data recorder.
SECTION 3. (1)
Data on a motor vehicle event data recorder does not become the property of a
lienholder or insurer solely because the lienholder or insurer succeeds in
ownership of a motor vehicle as a result of an accident.
(2) An insurer may not
condition the payment or settlement of an owner’s claim on the owner’s consent
to the retrieval or use of the data on a motor vehicle event data recorder.
(3) An insurer or lessor
of a motor vehicle may not require an owner to consent to the retrieval or use
of the data on a motor vehicle event data recorder as a condition of providing the
policy or lease.
SECTION 4. Data
from a motor vehicle event data recorder may be retrieved or used without the
consent of the owner after an accident if a court orders the production of the
data based on a determination by the court that:
(1) A law enforcement
officer has probable cause to believe that a crime has occurred and that the
data is relevant to the investigation of the crime; or
(2) A law enforcement
officer, firefighter or emergency medical services provider seeks to obtain the
data in the course of responding to or investigating an emergency involving the
physical injury or the risk of physical injury to any person.
SECTION 4a. (1)
Upon petition of an insurer, a court may order that data from a motor vehicle
event data recorder be retrieved or used without the consent of the owner of
the motor vehicle after an accident if the court determines that:
(a) The owner has a
policy of insurance for the vehicle issued by the insurer;
(b) The data is
necessary to reconstruct the facts of the accident and to allow the insurer to
determine the obligations of the insurer under the insurance policy; and
(c) An accurate and
timely determination of the facts of the accident cannot occur without the
data.
(2) A petition under
this section must be filed in the circuit court for the county in which the
owner of the motor vehicle resides. The petition must be served on the owner in
the manner provided by ORCP 7 not less than 30 days before a hearing on the
petition. An insurer filing a petition under this section must pay the filing
fee specified by ORS 21.110.
SECTION 5. (1)
Data from a motor vehicle event data recorder may be retrieved or used without
the consent of the owner to facilitate or determine the need for emergency
medical care for the driver or passenger of a motor vehicle that is involved in
a motor vehicle crash or other emergency, including the retrieval of data from
a company that provides subscription services to the owner of a motor vehicle
for in-vehicle safety and security communications systems.
(2) Data from a motor
vehicle event data recorder may be retrieved or used without the consent of the
owner to facilitate medical research of the human body’s reaction to motor
vehicle crashes if:
(a) The identity of the
owner or driver is not disclosed in connection with the retrieved data; and
(b) The last four digits
of the vehicle identification number are not disclosed.
(3) Data from a motor
vehicle event data recorder may be retrieved or used without the consent of the
owner to diagnose, service or repair a motor vehicle.
SECTION 6. Sections
1 to 6 of this 2007 Act do not apply to data that is stored or transmitted
pursuant to a subscription service agreement for the use of a recording device
to record a history of where a motor vehicle travels or for the transmission of
data to a central communications system.
Approved by the Governor June 26, 2007
Filed in the office of Secretary of State June 27, 2007
Effective date January 1, 2008
__________