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F I S C A L I M P A C T R E P O R T

SPONSOR SJC

ORIGINAL DATE

LAST UPDATED

2/27/2007

HB

SHORT TITLE Event Data Recorders in Motor Vehicles

SB 844/SJCS

ANALYST Schuss

APPROPRIATION (dollars in thousands)

Appropriation

Recurring

or Non-Rec

Fund

Affected

FY07

FY08

NFI

(Parenthesis ( ) Indicate Expenditure Decreases)

SOURCES OF INFORMATION

LFC Files

SUMMARY

Synopsis of Bill

The Senate Judiciary Substitute for Senate Bill 844 amends Section 66-1-4.5 NMSA 1978

adding the definition “event data recorder" and adds a new section to the motor vehicle code

requiring disclosure of event data recorders in motor vehicles and restricting the use of event

data recorders.

FISCAL IMPLICATIONS

There will be minimal administrative costs to the courts for statewide update, distribution and

documentation of statutory changes. New laws and new hearings have the potential to increase

caseloads in the courts, thus requiring additional resources to handle the increase

SIGNIFICANT ISSUES

The fact that a motor vehicle is equipped with an event data recorder will be disclosed in the

owner’s manual beginning January 1, 2008 and by any subscription service that uses information

from an event data recorder.

Information from an event data recorder cannot be retrieved by anyone other than the owner

except:

•

when the owner or owner’s agent consents;

Senate Bill 844/SJCS – Page

2

•

in response to an order of the court or administrative agency having jurisdiction to issue

the order;

•

to improve motor vehicle safety, security or traffic management provided that the identity

of the owner or driver is not disclosed, but disclosure of the vehicle identification number

does not constitute the disclosure of the identity of the owner or driver;

•

to diagnose service or repair the motor vehicle, provided that the data is retrieved by a

licensed dealer or by an automotive technician;

•

to determine the need for emergency medical response in case of an accident

•

the data retrieved is pursuant to the terms and conditions of a subscription service

agreement

The data may not be released except for the purposes of motor vehicle safety and medical

research communities to advance motor vehicle safety or to a data processor, provided that the

identity of the owner or driver is not disclosed.

Information retrieved in violation of this section is admissible as evidence in any civil, criminal

or administrative action.

SB 844 defines “owner" as a person having all the incidents of ownership, including the legal

title to a vehicle, whether or not such person lends, rents or creates a security interest in the

vehicle; a person entitled to possession of a vehicle as the purchaser under a security agreement;

or a person entitled to possession of a vehicle as a lessee pursuant to a written lease agreement,

provided such agreement is, at inception, for a period in excess of three months."

Event data recorders, commonly referred to as a black box, are already installed on most motor

vehicles built in the last five years. While the device operates continuously, it only retains five

seconds of data immediately before an accident. Data recorded by a black box includes vehicle

speed, engine RPM, accelerator and brake usage, and whether the seat belt was being worn.

Beginning with all vehicles manufactured after September 1, 2010, the National Highway

Transportation Safety Agency will require manufacturers to give notice that a vehicle has a black

box.

Five seconds of data immediately before an accident could be useful in civil, criminal, and

administrative actions.

BS/nt