Event Data Recorders - The Black Box of the Road
By E. L. Eversman, Esq.
What are Event Data Recorders?
Event data recorders (EDR) installed in motor vehicles are analogous to the flight data recorders installed in commercial airplanes. These devices are the commonly referenced "black box" which are vigorously sought by investigators after an airplane crash. Crash investigators are typically able to discover significant information regarding the conditions on the airplane immediately before the airplane accident, and these devices assist the reconstruction experts in determining whether a part of the plane failed or whether pilot error contributed to the crash. As a result of the success of using the black box in the airline industry, you might think that motor vehicles should be equipped with them as well.
Installation in Passenger Vehicles
Actually, the National Highway Traffic Safety Administration (NHTSA), a division within the United States Department of Transportation (DOT), estimates that essentially all 2002 model year passenger cars and light trucks have some degree of recording capability and that half of those devices record incidents like crash pulse data. NHTSA-02-13546, section 1. Some manufacturers, like General Motors, for example have been utilizing this technology for almost a decade. The widespread installation of airbags in passenger vehicles created the need for precise information on the deployment of the airbags and launched the proliferation of EDRs to collect that data. "Utilizing Data from Automotive Event Data Recorders", Proceedings of the Canadian Multidisciplinary Road Safety Conference XII; June 10-13; London, Ontario. While they have the potential to provide benefits in terms of accident reconstruction, monitoring efficacy of restraint systems (like seatbelts and airbags), and improved safety in passenger compartment design, the installation and use of EDRs also have several drawbacks. These drawbacks include the types of information collected, privacy issues, data ownership, reliability of the information recorded, and restrictions regarding access to the data.
There are two species of EDRs, consisting of aftermarket systems and original equipment manufacture (OEM) systems. Within these groups, there are also different types of EDRs and the information they collect varies from system to system. EDRs can be very sophisticated capable of collecting, "(1) pre-crash vehicle dynamics and system status, (2) driver inputs, (3) vehicle crash signature, (4) restraint usage/deployment status, and (5) certain post-crash data such as the activation of an automatic collision notification (ACN) system." NHTSA-02-13546, section 1, footnote 1.
Access to Recorded Data
OEM systems, however, often provide more than merely crash information. Because these devices are installed by the manufacturer, they can be designed to collect information on usage and are capable of capturing historical data about the vehicle's operation. Historical information about a vehicle's performance is often beneficial in determining the cause of a current malfunction, however, the ability to access that information may be restricted by the manufacturer to its own service and repair facilities.
Most OEM systems require the use of proprietary technology (like specialized software or tools), to access the information stored by the EDR and the analysis and interpretation of the data is typically restricted to the manufacturer itself. If that is the case, you are unlikely to be able to have your vehicle serviced or repaired at any establishment other than the manufacturer's specified locations. Controlling the availability of the information to fix your vehicle creates a monopoly for the manufacturer and translates into a lack of choice for consumers. These potential anti-trust issues have independent service and repair facilities concerned about their future ability to continue servicing customers, and they have ready caught the attention of some U.S. legislators.
Privacy and Value
One of the other significant concerns about the use of EDRs is the ownership and use of the data. While there is still a need for a physical connection to obtain an EDR's data, that fact is about to change. Manufacturers have been working on wireless connections, and the current use of global positioning satellites (GPS) as navigation aids makes the uploading of vehicle data in the near future a virtual certainty. If appropriate safeguards protecting the identification of a particular individual or vehicle are not provided, data that consumers might not wish to have disclosed could soon be streaming around the world.
Additionally, for the information to be of value, it must be capable of being recovered intact and the EDR must be impervious to tampering. If damage to the EDR can produce false information or the data can be altered, the information could not only be useless, but it might actually be harmful. Fault and liability in car accidents might be improperly assessed, resulting in harm to drivers and their insurers.
The NHTSA acknowledges that it acquires EDR data and incorporates that information into its motor vehicle databases. However, the NHTSA makes clear that it obtains releases for the data from the actual vehicle owners and that it is careful to comply with the statutory requirements limiting disclosures of personal information by U.S. agencies.
Safety First?
According to the Transportation Safety Board of Canada, motor vehicle accidents accounted for 93% of all transportation fatalities between 1986 and 1998. "Utilizing Data from Automotive Event Data Recorders", Proceedings of the Canadian Multidisciplinary Road Safety Conference XII; June 10-13; London, Ontario. With statistics like these, immeasurable life-saving and safety benefits would probably result from the use of a vehicle "black box" -- particularly if the EDRs provide instant collision notification triggering a 911 emergency response. As with all advancement, however, there are positive and negative points about which people should be aware. Accordingly, the topic of passenger vehicles being equipped with event data recorders should be considered by anyone who is likely to be affected by their use.
E. L. Eversman
The information provided in this column is for information purposes only and should not be construed as legal advice. You should always consult an attorney licensed to practice in your Country, State, and/or Territory as laws vary from Country to Country, State to State, and Territory to Territory. The author is delighted to share information but cannot be responsible for damage or adversity encountered by reliance upon that information and urges you to consult with local counsel.
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