Citation

Merolli ML, Brink DO, Apjohn AT. Collision 2011; 6(1): 114-119.

Copyright

(Copyright © 2011, Collision Publishing)

DOI

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PMID

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Abstract

This article updates a Spring 2010 Collision magazine article, "Insurance Applications for Crash Data Retrieval: Legal Considerations." In 2006, the National Highway Traffic Safety Administration issued a final rule, specifying uniform requirements for the accuracy, collecting, storage, survivability and retrievability of onboard event data recorders voluntarily installed in passenger cars and other light vehicles. The original compliance date was set as September 1, 2010. Due to costs, research and development associated with meeting these requirements, the NHTSA recently released an update to the rule extending the time to comply to September 1, 2012 for passenger and light duty vehicles, and September 1, 2013 for multi-stage vehicles. Several bills have been introduced in both the Senate and House to establish EDR requirements and to make EDRs required equipment. In 2010, Washington became the thirteenth state to enact legislation regarding EDR technology. Bills were introduced in several other states that addressed EDRs, including making EDRs mandatory, alerting drivers that their vehicles are equipped with an EDR, or providing consumer protection and privacy. Findings from two recent legal cases, including one involving the alleged unintended acceleration problem with Toyota vehicles, indicate that EDR data and retrieval tools are not yet fully accepted in the scientific community and that proper foundation is needed to use EDR data at trial. The current status of legislation suggests that the next development in the field with deal with an increase in data recording and tracking, including through the use of telematics.