46.2-1088.6 - Motor vehicle recording devices.
§ 46.2-1088.6. Motor vehicle recording devices.
A. As used in this section:
"Accessed" means downloaded, extracted, scanned, read, or otherwiseretrieved.
"Owner" means a person having all the incidents of ownership, including thelegal title of a vehicle whether or not such person lends, rents, or createsa security interest in the vehicle; a person entitled to the possession of avehicle as the purchaser under a security agreement; or a person entitled topossession of the vehicle as the lessee pursuant to a written leaseagreement, provided such agreement at inception is for a period in excess ofthree months.
"Recorded data" means the data stored or preserved electronically in arecording device identifying performance or operation information about themotor vehicle including, but not limited to:
1. Speed of the motor vehicle or the direction in which the vehicle istraveling, or both;
2. Vehicle location data;
3. Vehicle steering performance;
4. Vehicle brake performance including, but not limited to, whether brakeswere applied before a crash;
5. The driver's seatbelt status; and
6. Information concerning a crash in which the motor vehicle has beeninvolved, including the ability to transmit such information to a centralcommunications system.
"Recording device" means an electronic system, and the physical device ormechanism containing the electronic system, that primarily, or incidental toits primary function, preserves or records, in electronic form, datacollected by sensors or provided by other systems within the vehicle."Recording device" includes event data recorders (EDRs), sensing anddiagnostic modules (SDMs), electronic control modules (ECMs), automatic crashnotification (ACN) systems, geographic information systems (GIS), and anyother device that records and preserves data that can be accessed related tothat vehicle.
B. Recorded data may only be accessed by the motor vehicle owner or with theconsent of the motor vehicle owner or the owner's agent or legalrepresentative; except under the following circumstances:
1. The owner of the motor vehicle or the owner's agent or legalrepresentative has a contract with a third-party subscription service thatrequires access to a recording device or recorded data in order to performthe contract, so long as the recorded data is only accessed and used inaccordance with the contract;
2. A licensed new motor vehicle dealer, or a technician or mechanic at amotor vehicle repair or servicing facility requires access to recorded datain order to carry out his normal and ordinary diagnosing, servicing, andrepair duties and such recorded data is used only to perform such duties;
3. The recorded data is accessed by an emergency response provider and isused only for the purpose of determining the need for or facilitating anemergency response. Such persons are authorized to receive data transmittedor communicated by any electronic system of a motor vehicle that constitutesan automatic crash notification system and utilizes or reports data providedby or recorded by recording devices installed on or attached to a motorvehicle to assist them in performing their duties as emergency responseproviders;
4. Upon authority of a court of competent jurisdiction; or
5. The recorded data is accessed by law enforcement in the course of aninvestigation where constitutionally permissible and in accordance with anyapplicable law regarding searches and seizures upon probable cause to believethat the recording device contains evidence relating to a violation of thelaws of the Commonwealth or the United States.
C. The consent of the motor vehicle owner or the owner's agent or legalrepresentative for use of recorded data for purposes of investigating a motorvehicle accident or insurance claim shall not be requested or obtained untilafter the event giving rise to the claim has occurred, and shall not be madea condition of the defense, payment or settlement of an obligation or claim.For underwriting and rating purposes, the motor vehicle owner may provide hisconsent either directly to the insurer or through and as certified by a namedinsured.
D. If a person or entity accesses recorded data pursuant to subdivisions B 2or B 3, such entity or person shall not transmit or otherwise convey therecorded data to a third party unless necessary to carry out their dutiesthereunder.
E. When the recording device and recorded data are not removed or separatedfrom the motor vehicle, the ownership of the recording device and recordeddata survives the sale of the motor vehicle to any nonbeneficial owner suchas an insurer, salvage yard, or other person who does not possess and use themotor vehicle for normal transportation purposes.
F. The failure of an insurer to obtain access to the recorded data shall notcreate, nor shall it be construed to create, an independent or private causeof action in favor of any person.
(2006, cc. 851, 889.)