2 Are passenger vehicles required to have EDRs? No. They aren't mandatory but many automakers choose to include them in their cars. In August 2006, the National Highway Traffic Safety Administration (NHTSA) issued an EDR rule that will apply to 2013 and later models. The rule standardizes the information EDRs collect and makes retrieving the data easier. Devices defined as EDRs must record 15 data elements, including vehicle deceleration, in specific formats. More advanced EDRs may record additional information from the engine control module, antilock brakes, and other vehicle systems. Federal rules outline as many as 30 extra data elements that advanced EDRs must log. Vehicle manufacturers must publicly share information about how to download EDR data, and they have to include a statement in the owner's manual telling consumers that their vehicle has an EDR.
7 What are the potential uses of the data? EDRs can provide information about a crash that can't be obtained through more traditional investigation techniques. Police, crash investigators, automakers, insurance adjusters, and highway safety researchers can use this information to analyze what occurred during a crash. The data may help automakers improve occupant restraint systems and vehicle structures.
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EDR data may be useful in determining culpability. For example, EDR data from a car involved in an August 2002 crash in Florida showed the vehicle was traveling at 114 mph seconds before it struck another vehicle, killing two passengers. The EDR data were used to convict the driver of manslaughter.
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9 Who owns the data and who has access? EDRs and the data they store belong to vehicle owners. Police, insurers, researchers, automakers, and others may gain access to the data with owner consent. Without consent, access may be obtained through a court order. For example, in a Florida criminal case involving a vehicular manslaughter charge, the police obtained a warrant to access the EDR data.
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For crashes that don't involve litigation, especially when police or insurers are interested in assessing fault, insurers may be able to access the EDRs in their policyholders' vehicles based on provisions in the insurance contract requiring policyholders to cooperate with the insurer. However, some states prohibit insurance contracts from requiring policyholders to consent to access.
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Sorry, that tells me that I don't have absolute control of the data. When somebody can access the data, it makes me nervous. It starts us out on a slippery slope. My wife can take the 5th. The EDR cannot. What it is like to me is this. I have to pay for a cop to sit beside me. No thanx.
