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2006 SESSION

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SB 90 Recording devices in motor vehicles; access denial not to affect insurance renewability.

Introduced by: John C. Watkins | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Recording devices in motor vehicles; ownership of recorded data; insurance policies; disclosure. Defines the vehicle owner as the owner of any data recorded on a recording device installed in a motor vehicle. Recorded data may only be accessed with the vehicle owner's consent, except under the following circumstances: (i) the vehicle owner contracts with a third party subscription service that requires access to the recorded data; (ii) a licensed new motor vehicle dealer or a technician or mechanic at a motor vehicle repair or servicing facility requires access to carry out normal and ordinary diagnostics, servicing, or repair duties; (iii) the recorded data is accessed by an emergency response provider in performing his duties; (iv) upon authority of a court of competent jurisdiction; or (v) the recorded data is accessed by law enforcement in the course of an investigation where there is probable cause to believe the recording device contains evidence relating to a violation of the laws of the Commonwealth or the United States and such access is otherwise constitutionally permissible. The bill prohibits insurance companies from refusing to renew a motor vehicle insurance policy solely because the motor vehicle owner refuses to provide access to recorded data from a recording device.  The bill also prohibits insurance companies from several other actions affecting rates and coverage if a motor vehicle owner refuses to allow the insurer access to recorded data. All automobile manufacturers must disclose the presence of factory-installed recording devices in the owner's manual for all model year 2008 and later automobiles sold or leased in the Commonwealth. This bill is identical to HB 816.


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