74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
Enrolled
House Bill 2568
Sponsored by Representative GALIZIO; Representatives BARKER,
BEYER, BONAMICI, BUCKLEY, GELSER, HOLVEY, RILEY, ROSENBAUM,
SHIELDS, THATCHER, TOMEI, Senator BURDICK
CHAPTER ................
AN ACT
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
Enrolled House Bill 2568 (HB 2568-B) Page 1
(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. + }
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Enrolled House Bill 2568 (HB 2568-B) Page 2
Passed by House May 15, 2007
Repassed by House June 12, 2007
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Chief Clerk of House
...........................................................
Speaker of House
Passed by Senate June 11, 2007
...........................................................
President of Senate
Enrolled House Bill 2568 (HB 2568-B) Page 3
Received by Governor:
......M.,............., 2007
Approved:
......M.,............., 2007
...........................................................
Governor
Filed in Office of Secretary of State:
......M.,............., 2007
...........................................................
Secretary of State
Enrolled House Bill 2568 (HB 2568-B) Page 4