Requires manufacturers to provide access to motor vehicle data to motor vehicle owners and designees; provides certain exceptions; repeals upon enactment of similar federal legislation.
STATE OF NEW YORK
________________________________________________________________________
7014
2023-2024 Regular Sessions
IN SENATE
May 16, 2023
___________
Introduced by Sen. BRESLIN -- read twice and ordered printed, and when
printed to be committed to the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to access to motor
vehicle data by the owner or designee of a motor vehicle
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The general business law is amended by adding a new section
2 198-d to read as follows:
3 § 198-d. Access to motor vehicle data. (a) As used in this section:
4 (1) "Access to motor vehicle data" means direct, in-vehicle, real-
5 time, intelligible and bi-directional accessibility to motor vehicle
6 data, including but not limited to connected vehicle data and access to
7 electronic control units, through a technology-neutral, standards-based,
8 cybersecure interface which may include, but is not limited to, a wired
9 onboard diagnostics port or a wireless connection; such interface shall
10 permit the operation of an open application programming interface that
11 enables a motor vehicle owner or user authorized by the motor vehicle
12 owner to redirect data to a third party authorized by the motor vehicle
13 owner or erase any and all data that the motor vehicle owner or user
14 directly or electronically inputs into the motor vehicle.
15 (2) "Cybersecure interface" means an interface that provides both
16 secure interoperability and access to motor vehicle data between a motor
17 vehicle and the motor vehicle's owner.
18 (3) "Motor vehicle data" means all data generated, or generated and
19 retained, by the operation of a motor vehicle including but not limited
20 to vehicle characteristics including but not limited to make and model,
21 vehicle build sheet information, data collected by onboard sensors
22 including but not limited to odometer, accelerometer, malfunction indi-
23 cators, crash or collision indicators, as well as advanced driving
24 assistance systems including but not limited to adaptive cruise control,
25 automatic following distance control, automatic emergency braking, lane
26 departure correction, and other autonomous/assisted driving features,
27 and additional contextual and/or environmental data obtained by the
28 vehicle including but not limited to GPS and/or location, time of day,
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD11478-01-3
S. 7014 2
1 road conditions, vehicle following distance, usage of onboard enter-
2 tainment systems.
3 (4) "Owner" means:
4 (i) a person with an ownership or contracted beneficial interest in a
5 motor vehicle; or
6 (ii) the lessee of a motor vehicle under a lease agreement of a term
7 not less than one hundred eighty days and shall include the designee of
8 a motor vehicle owner.
9 (5) "Person" shall mean an individual, trust, estate, partnership,
10 association, company, or corporation.
11 (b) A manufacturer shall provide access to motor vehicle data, wherev-
12 er stored, of the same quality as is available to the data holder, to
13 the owner and to any third party designees of the motor vehicle owner,
14 without undue delay, free of charge, of the same quality as is available
15 to the data holder, without any restriction or limitations including,
16 but not limited to, a fee or license to decrypt motor vehicle data or a
17 requirement to use a device provided by the manufacturer to access and
18 use motor vehicle data, and where applicable, continuously and in real-
19 time, in a structured, commonly used machine readable format except as
20 provided under subdivisions (c), (d) and (e) of this section.
21 (c) This section does not preclude a manufacturer from employing cryp-
22 tographic or technological protections necessary to secure motor vehicle
23 data, provided that the motor vehicle owner, and the motor vehicle
24 owner's designees, are provided the means to gain access to motor vehi-
25 cle data mandated under subdivision (b) of this section, and such means
26 of access to motor vehicle data, is standardized by an independent stan-
27 dard making organization across all motor vehicles.
28 (d) Notwithstanding any other provision of this section, no person,
29 including but not limited to a motor vehicle owner, shall be permitted
30 to access motor vehicle data if the person is the subject of a protec-
31 tive order under state law with respect to the natural person using the
32 motor vehicle.
33 (e) Nothing in this section shall require a manufacturer to divulge a
34 trade secret. The existence of a manufacturer's proprietary method for
35 collecting, storing, formatting, or communicating vehicle data, telemat-
36 ics or similar program shall not preclude access to motor vehicle data
37 under subdivision (b) of this section.
38 (f) A manufacturer may not request a waiver of the vehicle owner's
39 right to data access under this section, require a waiver as a condition
40 for purchasing, leasing, operating, or obtaining warranty repairs, or
41 offer any compensation or other incentive for a waiver. Any such waiver
42 obtained by a manufacturer shall be null and void.
43 § 2. This act shall take effect immediately and shall expire and be
44 deemed repealed upon the enactment of federal law, rule or regulation
45 that requires manufacturers to provide access to motor vehicle data,
46 wherever stored, of the same quality as is available to the data holder,
47 to the motor vehicle owner and to any third-party designees as required
48 by section one of this act; provided that the commissioner of the
49 department of motor vehicles shall notify the legislative bill drafting
50 commission upon the occurrence of the enactment of such federal law,
51 rule or regulation in order that the commission may maintain an accurate
52 and timely effective data base of the official text of the laws of the
53 state of New York in furtherance of effectuating the provisions of
54 section 44 of the legislative law and section 70-b of the public offi-
55 cers law.
