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Automakers Must Disclose "Black Boxes"

By Joe Benton
ConsumerAffairs.com

August 21, 2006

"Black Boxes" • Black Box Rule Ignites Hot Debate • NHTSA: Automakers Must Disclose Black Boxes • Three States Consider Limits on Black Boxes • States Moving to Protect Motorists from Black Boxes • North Dakota Limits Use of Black Boxes By Insurers • Big Brother May Be Your Co-Pilot

The National Highway Traffic Safety Administration will require automakers to inform consumers when a vehicle is equipped with an Event Data Recorder or "black box" beginning with the 2011 model year.

The new federal rule will require automakers to note in the owner's manual that a "black box" has been installed.

EDRs or "black boxes" record data about what a car is doing in the moments just before and after a crash. The devices do not record the voices of occupants but they do record things like steering wheel movement, how hard the brakes are pressed and the actual movement of the car itself.

Automakers are not required to install EDRs but approximately 64 percent of the model year 2005 passenger vehicles were equipped with the device. The new rule will require a uniform set of EDR data but will not require automakers to install EDRs if they are not already doing so.

Data from the recorders are often used by law enforcement and attorneys to recreate events leading up to an accident. The information is also used by automakers to research how cars and drivers perform in actual crashes.

NHTSA noted that having access to uniform crash information from EDRs, regardless of the vehicle's manufacturer, would help investigators recreate crash scenes to determine the causes.

NHTSA said the rule will support the development of new safety regulations based on accurate crash information that NHTSA collects from vehicle owners who agree to share information from their EDRs with the agency.

Many privacy advocates are concerned that the data, which can be used as evidence in court cases, is gathered in the "black box" without the knowledge of the vehicle owner or driver.

The new rule, according to NHTSA, will enhance the value of automatic crash notification systems, including the Enhanced 911 emergency response system currently under development by making it easier for vehicles equipped with automatic crash notification features to provide accurate and immediate information to emergency personnel.

The new federal regulation will apply to all passenger vehicles and light trucks with a gross vehicle weight of 8,500 pounds or less. NHTSA will separately evaluate EDR use in larger vehicles.

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