BILL ANALYSIS
AB 1942
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1942 (Fletcher)
As Amended August 2, 2010
Majority vote
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|ASSEMBLY: |69-1 |(May 17, 2010) |SENATE: |29-4 |(August 26, |
| | | | | |2010) |
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Original Committee Reference: TRANS .
SUMMARY : Authorizes the placement of video event recorders in
vehicles.
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
request.
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
occurs.
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
conditions.
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
FN: 0005509