In the three years since “event data recorders” (often referred to as “black boxes”) in vehicles really began to arise as an issue of interest for collision repairers, there has been significant activity related to EDRs on a number of fronts:

• Legislatively, about a half dozen states have passed laws related to access to EDR data, and more than a dozen others are considering such legislation.

• EDR data is increasingly being accepted as reliable evidence within court rooms. Last summer, for example, a Massachusetts District Court convicted a driver of misdemeanor motor vehicle homicide in the death of her passenger based in part on EDR data that indicated she was traveling at 58 mph in a 40-mph zone.

• On the regulatory front, the National Highway Traffic Safety Administration (NHTSA) is proposing new standards for the content and format of EDR data, and for what information about EDRs that automakers must disclose.

• The number of collision repair shops and others equipped to download or “harvest” EDR data has expanded. One company reports having harvesters in 37 states collecting data for 16 different auto insurers.

Given these developments, here are some of the most common questions those in the collision industry have about EDRs and EDR data.

Q: What percentage of vehicles have EDRs?

NHTSA estimates that between two-thirds and 90 percent of all 2004 and newer light vehicles include an EDR. Another estimate says that about 20 percent of all passenger vehicles on the road today have downloadable EDR information. At least one company sells equipment (for about $2,500) that can download data from EDRs on all GM vehicles back to 1994, and all Fords, Saturns and Isuzus back to 2001. The system comes with several different cables than can be used to link into the vehicle’s under-dash OBD-II port or directly into the under-seat module.

Q: Are all EDRs collecting the same data?

No, nor do they all record and report data in a standard format. That’s one issue the NHTSA hopes to address with its proposed standards that, if approved, would become effective in late 2008. It is proposing that all EDRs record the last eight seconds of vehicle speed, engine RPM, throttle percentage and braking, as well as seat belt usage and longitudinal acceleration – all in a standard format. It would require automakers to indicate in the owner’s manual if a vehicle is equipped with EDR. And it would require that automakers make public information that would enable crash investigators to download EDR data. NHTSA has stopped short of requiring EDRs in all passenger vehicles because it recognizes that privacy issues have not been settled.

Q: If I’m asked or want to download EDR data, what legal issues do I need to consider?

Not surprisingly, privacy advocates and others have serious concerns about the collection and use of EDR data, leading to a growing number of states passing or considering regulations related to EDRs. Most of these regulations, such as those passed in California, Nevada, New York, North Dakota, Virginia and Texas, first require automakers to notify new car buyers of the existence of the EDR. Arkansas also requires notification of what type of data is recorded.

Virtually all of the states with enacted or pending EDR legislation also require vehicle owner consent before EDR data can be collected. The definition of “vehicle owner,” however, varies. Texas and West Virginia don’t define it further. California requires the permission of the vehicle’s registered owner. If a vehicle is jointly owned at the time of an accident in Arkansas, state law requires the consent of all owners.

“ Also interesting in the Arkansas law is that unlike in California and most other states, ownership does not pass to a lienholder should a vehicle be repossessed, or to an insurer should they take ownership of a vehicle,” points out Scott Palmer, president and CEO of Injury Sciences, a Texas-based company that helps insurers understand accident and injury causation. “Arkansas also has a unique provision that an insurance claim cannot be contingent upon an owner’s permission to give access to this data.”

North Dakota requires the consent of the owner of the vehicle at the time the data is accessed (as opposed to at the time of the accident). It defines the owner of the vehicle as the person “having all the incidents of ownership, including the legal title of a vehicle regardless of whether the person lends, rents, or creates a security interest in the vehicle,” or the person entitled to the possession of a vehicle as the purchaser under a security agreement or a lease of three or more months.

All of the enacted state laws – and most of those under consideration – allow for access to the data via court order.

Some states, including Arkansas, California, Nevada, New York and North Dakota, offer exemptions from getting the owner’s consent prior to downloading the data if it is done so for research purposes.

“T hat’s for understanding how the car crashed, how occupants were injured, and so forth,” Palmer said. “The common theme for research purposes is that the identity of the owner of the vehicle must not be transported with the information as it goes to the various government and academic entities that are using it to study car crashes and occupant safety.”

Some states also allow exemptions from getting the owner’s consent prior to downloading the data if it is done so for repair purposes. An automotive technician diagnosing vehicle problems and repairing the vehicle can download the data for that purpose without the owner’s consent in Arkansas, California, New York and North Dakota.

The bottom line, Palmer said, is that it is important to understand your state’s restrictions, if any, on accessing EDR data.

Next week: What the courts, insurers and shops are saying about black box data.

John Yoswick is a freelance writer based in Portland, Oregon, who has been writing about the automotive industry since 1988. He can be contacted by email at jyoswick@SpiritOne.com.