BILL ANALYSIS                                                                                                                                                                                                    

                                                                  AB 1942
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          AB 1942 (Fletcher)
          As Amended  August 2, 2010
          Majority vote
          |ASSEMBLY:  |69-1 |(May 17, 2010)  |SENATE: |29-4 |(August 26,    |
          |           |     |                |        |     |2010)          |
           Original Committee Reference:    TRANS  .  

           SUMMARY  :  Authorizes the placement of video event recorders in  

           The Senate amendments  impose the following conditions on the use  
          of video event recorders in vehicles:  

          1)A vehicle equipped with a video event recorder must have a  
            visible, posted notice stating that a passenger's conversation  
            may be recorded.  

          2)No more than 30 seconds of recording before and after a  
            triggering event may be stored.  

          3)The registered owner or lessee of a vehicle owns recorded data  
            and may disable the video event recorder.  

          4)When a person is driving for hire as an employee, the person's  
            employer must provide unedited copies of the recordings on  
            request of the employee for free and within 5 days of the  

           EXISTING LAW  :  

          1)Generally prohibits any person from driving a motor vehicle  
            with any object or material placed, displayed, installed,  
            affixed, or applied on the windshield or side or rear windows  
            that obstructs or reduces the driver's clear view, with  
            exceptions.  These exceptions include global positioning  
            system devices and electronic toll transponders.  

          2)Requires vehicle manufacturers to disclose in the owner's  
            manual whenever a vehicle sold or leased in California is  
            equipped with one or more recording devices commonly referred  


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            to as "event data recorders" or "sensing and diagnostic  
            modules."  Defines "recording devices" as those that:  

             a)   Record how fast and in which direction the motor vehicle  
               is traveling;  

             b)   Record a history of where the motor vehicle travels;  

             c)   Record steering performance;  

             d)   Record brake performance, including, but not limited to,  
               whether brakes were applied before an accident;  

             e)   Record the driver's seat belt status; and,  

             f)   Have the ability to transmit information concerning an  
               accident in which the motor vehicle has been involved to a  
               central communications system at the moment the accident  

          3)Provides that data recorded on a recording device may not be  
            downloaded or otherwise retrieved by a person other than the  
            registered owner of the motor vehicle, except under specific  

           AS PASSED BY THE ASSEMBLY  , this bill was substantially similar  
            to the version passed by the Senate.  

           FISCAL EFFECT  :  Unknown

           COMMENTS  :  The author introduced this bill to reduce motor  
          vehicle deaths by allowing the use of video event recorders that  
          can lead to safe driving habits and reduced accidents.   Studies  
          of both teens and commercial drivers found that the use of video  
          event recorders, paired with behavioral coaching, improved  
          driver safety and reduced accidents.  Video event recorders  
          typically are operated on a loop and only save recordings in  
          events such as quick stops or accidents.  The records are used  
          to analyze a driver's actions during the events to coach  
          positive driving behavior.  

          The American Civil Liberties Union (ACLU), while not opposed to  
            this bill, expressed concern that an employee driver should be  
            given the opportunity to consent or refuse to consent to the  
            use of the event data recorder in the vehicle he or she  


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            drives.  Other concerns expressed by the ACLU appear to have  
            been resolved with amendments.  

          Previous legislation:  AB 213 (Leslie) Chapter 427, Statutes of  
          2003, requires a manufacturer of a new motor vehicle sold or  
          leased in this state that is equipped with one or more recording  
          devices, commonly referred to as ''event data recorders (EDR)''  
          or ''sensing and diagnostic modules (SDM),'' to disclose that  
          fact in the owner's manual for the vehicle.  

          Analysis Prepared by  :   Janet Dawson / TRANS. / (916) 319-2093 

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