49 U.S.C. § 24302

LIMITATIONS ON DATA RETRIEVAL FROM VEHICLE EVENT DATA RECORDERS.

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“(a)Ownership of Data.—Any data retained by an event data recorder (as defined in section 563.5 of title 49, Code of Federal Regulations), regardless of when the motor vehicle in which it is installed was manufactured, is the property of the owner, or, in the case of a leased vehicle, the lessee of the motor vehicle in which the event data recorder is installed.“(b)Privacy.—Data recorded or transmitted by an event data recorder described in subsection (a) may not be accessed by a person other than an owner or a lessee of the motor vehicle in which the event data recorder is installed unless—“(1) a court or other judicial or administrative authority having jurisdiction—“(A) authorizes the retrieval of the data; and“(B) to the extent that there is retrieved data, the data is subject to the standards for admission into evidence required by that court or other administrative authority;“(2) an owner or a lessee of the motor vehicle provides written, electronic, or recorded audio consent to the retrieval of the data for any purpose, including the purpose of diagnosing, servicing, or repairing the motor vehicle, or by agreeing to a subscription that describes how data will be retrieved and used;“(3) the data is retrieved pursuant to an investigation or inspection authorized under section 1131(a) or 30166 of title 49, United States Code, and the personally identifiable information of an owner or a lessee of the vehicle and the vehicle identification number is not disclosed in connection with the retrieved data, except that the vehicle identification number may be disclosed to the certifying manufacturer;“(4) the data is retrieved for the purpose of determining the need for, or facilitating, emergency medical response in response to a motor vehicle crash; or“(5) the data is retrieved for traffic safety research, and the personally identifiable information of an owner or a lessee of the vehicle and the vehicle identification number is not disclosed in connection with the retrieved data.
Notes of Decisions
Cited in 10 cases (1 in the last 5 years), 1996–2023 · leading case: Dep't of Transp. v. Ass'n of Am. Railroads, 135 S. Ct. 1225 (2015).
Dep't of Transp. v. Ass'n of Am. Railroads, 135 S. Ct. 1225 (2015). · cites it 2× “49 U. S. C. §24302 (a)(1). These eight Board members, in turn, select Amtrak’s president.”
Ass'n of Am. Railroads v. U.S. Dep't of Transp., 896 F.3d 539 (D.C. Cir. 2018). · cites it 2× “49 U.S.C. § 24302 (a)(1). As a 22 result, the Railroad Association’s Appointments Clause claim is moot, and we lack jurisdiction to address it.”
Ass'n of Am. Railroads v. United States Dep't of Transp., 721 F.3d 666 (D.C. Cir. 2013). “See 49 U.S.C. § 24302 (a). The President of Amtrak — the one Board member not appointed by the President of the United States — is in turn selected by the eight other members of the Board.”
Stark-Romero v. Nat'l R.R. Passenger Co., 763 F. Supp. 2d 1231 (D.N.M. 2011). · cites it 2× “The Amtrak Board of Directors is composed of nine directors: (i) the Secretary of Transportation; (ii) the President of Amtrak; and (iii) seven “individuals appointed by the President of the United States, by and with the advice and consent of the Senate.”
Ass'n of Am. Railroads v. Dep't of Transp., 865 F. Supp. 2d 22 (D.D.C. 2012). · cites it 2× “See 49 U.S.C. § 24302 . The ninth board member is selected by the other eight.”
Am. Bankers Mortg. Corp. v. Fed. Home Loan Mortg. Corp., 75 F.3d 1401 (9th Cir. 1996). · cites it 2× “49 U.S.C. § 24302 . 4 The Le *1408 bron Court noted that “Amtrak’s four private shareholders have not been entitled to vote in selecting the board of directors since 1981”.”
Holdover & Removal of Members of Amtrak's Reform Bd. (OLC 2003). · cites it 2× “Furthermore, the federal statute at one time expressly allowed a director to hold over after his term had ended, until a new director was selected, see 49 U.S.C. § 24302 (a)(2)–(4) (1994), but Congress later deleted this provision, compare Pub.”
Moore v. Cnty. of Merced (E.D. Cal. 2019). “1225, 1231 (2015) (citing 49 U.S.C. § 24302 (a)(1) for the proposition that the 21 “Secretary of Transportation holds all of Amtrak’s preferred stock and most of its common stock.”
Roberts v. Amtrack R.R. Co. (S.D.N.Y. 2023). “See 49 U.S.C. § 24302 (a)(1)(A). capacities is essentially a suit against the United States, such suits are .”
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