LD 1885
pg. 4
Page 3 of 6 An Act To Protect Drivers' Privacy by Clarifying Ownership of Data Recorded by ... Page 5 of 6
Download Bill Text
LR 2465
Item 1

 
B.__A law enforcement officer obtains the data based on
probable cause of an offense under the laws of this State;
or

 
C.__A law enforcement officer, a firefighter or an emergency
medical services provider obtains the data in the course of
responding to or investigating an emergency involving
physical injury or the risk of physical injury to any
person.

 
6.__Access to data by department. Notwithstanding subsections
1 and 2, the department may obtain data from a motor vehicle data
recorder if the data is used solely for the following purposes:

 
A.__Preclearing weigh stations;

 
B.__Automating driver records of duty status as authorized
by the United States Department of Transportation;

 
C.__Replacing handwritten reports for any fuel tax reporting
or other mileage reporting purpose; or

 
D.__Complying with a state or federal law.

 
7.__Use of data in criminal or civil matter.__Notwithstanding
any other provision of this section, data from a motor vehicle
data recorder may not be used as evidence in a civil or criminal
matter pending before a court of this State if the original
manufacturer's warranty of the motor vehicle has expired.

 
8.__Exceptions.__This section does not apply to the use of
data from a motor vehicle data recorder:

 
A.__To determine the need for or to facilitate emergency
medical care for the driver or passenger of a motor vehicle
that is involved in a motor vehicle accident or other
emergency, including obtaining data from a company that
provides subscription services to the owners of motor
vehicles for in-vehicle safety and security communications
systems;

 
B.__To facilitate medical research of the effect of motor
vehicle crashes on the human body as long as:

 
(1)__The identity of the owner or driver is not
disclosed in connection with the retrieved data; and

 
(2)__The last 4 digits of the vehicle identification
number are not disclosed; or


Page 3 of 6 Top of Page Page 5 of 6