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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 | history

SUMMARY AS PASSED:

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.

SUMMARY AS PASSED SENATE:

Recording devices in motor vehicles; insurance contracts; ownership of recorded data; disclosure. Restricts insurance companies from canceling or refusing to issue or renew a motor vehicle insurance policy solely because a vehicle owner refuses to allow access to the recorded data from a recording device. An insurance company may not reduce coverage, increase the premium, refuse to apply a discount, place in a less favorable tier, or refuse to place in the best tier an insurance policy if the vehicle owner refuses to allow access to the recorded data from a recording device. The bill defines the vehicle owner as the owner of recorded data and 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 for access to the recorded data; (ii) a 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 of the United States. The bill also adds a section that requires all automobile manufacturers to 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. 

SUMMARY AS INTRODUCED:

Recording devices in motor vehicles; ownership of recorded data.  Adds a section that makes the vehicle owner the owner of any recorded data stored on a recording device in the vehicle. Vehicle owner may consent or contract with a third party to access recorded data.