{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/46.2-1088.6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/46.2-1088.6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/46.2-1088.6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/46.2-1088.6.html"}],"law_id":64068,"edition_id":1,"section_id":64068,"structure_id":13067,"section_number":"46.2-1088.6","catch_line":"Motor vehicle recording devices","history":"2006, cc. 851, 889.","full_text":"A\n\nAs used in this section:\n\t\t\t&#8220;Accessed&#8221; means downloaded, extracted, scanned, read, or otherwise retrieved.\n\t\t\t&#8220;Owner&#8221; means a person having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents, or creates a security interest in the vehicle; a person entitled to the possession of a vehicle as the purchaser under a security agreement; or a person entitled to possession of the vehicle as the lessee pursuant to a written lease agreement, provided such agreement at inception is for a period in excess of three months.\n\t\t\t&#8220;Recorded data&#8221; means the data stored or preserved electronically in a recording device identifying performance or operation information about the motor vehicle including, but not limited to:1\n\nSpeed of the motor vehicle or the direction in which the vehicle is traveling, or both;2\n\nVehicle location data;3\n\nVehicle steering performance;4\n\nVehicle brake performance including, but not limited to, whether brakes were applied before a crash;5\n\nThe driver&#8217;s seatbelt status; and6\n\nInformation concerning a crash in which the motor vehicle has been involved, including the ability to transmit such information to a central communications system.\n\t\t\t\t&#8220;Recording device&#8221; means an electronic system, and the physical device or mechanism containing the electronic system, that primarily, or incidental to its primary function, preserves or records, in electronic form, data collected by sensors or provided by other systems within the vehicle. &#8220;Recording device&#8221; includes event data recorders (EDRs), sensing and diagnostic modules (SDMs), electronic control modules (ECMs), automatic crash notification (ACN) systems, geographic information systems (GIS), and any other device that records and preserves data that can be accessed related to that vehicle.B\n\nRecorded data may only be accessed by the motor vehicle owner or with the consent of the motor vehicle owner or the owner&#8217;s agent or legal representative; except under the following circumstances:1\n\nThe owner of the motor vehicle or the owner&#8217;s agent or legal representative has a contract with a third-party subscription service that requires access to a recording device or recorded data in order to perform the contract, so long as the recorded data is only accessed and used in accordance with the contract;2\n\nA licensed new motor vehicle dealer, or a technician or mechanic at a motor vehicle repair or servicing facility requires access to recorded data in order to carry out his normal and ordinary diagnosing, servicing, and repair duties and such recorded data is used only to perform such duties;3\n\nThe recorded data is accessed by an emergency response provider and is used only for the purpose of determining the need for or facilitating an emergency response. Such persons are authorized to receive data transmitted or communicated by any electronic system of a motor vehicle that constitutes an automatic crash notification system and utilizes or reports data provided by or recorded by recording devices installed on or attached to a motor vehicle to assist them in performing their duties as emergency response providers;4\n\nUpon authority of a court of competent jurisdiction; or5\n\nThe recorded data is accessed by law enforcement in the course of an investigation where constitutionally permissible and in accordance with any applicable law regarding searches and seizures upon probable cause to believe that the recording device contains evidence relating to a violation of the laws of the Commonwealth or the United States.C\n\nThe consent of the motor vehicle owner or the owner&#8217;s agent or legal representative for use of recorded data for purposes of investigating a motor vehicle accident or insurance claim shall not be requested or obtained until after the event giving rise to the claim has occurred, and shall not be made a condition of the defense, payment or settlement of an obligation or claim. For underwriting and rating purposes, the motor vehicle owner may provide his consent either directly to the insurer or through and as certified by a named insured.D\n\nIf a person or entity accesses recorded data pursuant to subdivisions B 2 or B 3, such entity or person shall not transmit or otherwise convey the recorded data to a third party unless necessary to carry out their duties thereunder.E\n\nWhen the recording device and recorded data are not removed or separated from the motor vehicle, the ownership of the recording device and recorded data survives the sale of the motor vehicle to any nonbeneficial owner such as an insurer, salvage yard, or other person who does not possess and use the motor vehicle for normal transportation purposes.F\n\nThe failure of an insurer to obtain access to the recorded data shall not create, nor shall it be construed to create, an independent or private cause of action in favor of any person.","order_by":null,"text":{"0":{"id":233284,"text":"As used in this section:\n\t\t\t&#8220;Accessed&#8221; means downloaded, extracted, scanned, read, or otherwise retrieved.\n\t\t\t&#8220;Owner&#8221; means a person having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents, or creates a security interest in the vehicle; a person entitled to the possession of a vehicle as the purchaser under a security agreement; or a person entitled to possession of the vehicle as the lessee pursuant to a written lease agreement, provided such agreement at inception is for a period in excess of three months.\n\t\t\t&#8220;Recorded data&#8221; means the data stored or preserved electronically in a recording device identifying performance or operation information about the motor vehicle including, but not limited to:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":233285,"text":"Speed of the motor vehicle or the direction in which the vehicle is traveling, or both;","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":233286,"text":"Vehicle location data;","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"A3"},"3":{"id":233287,"text":"Vehicle steering performance;","type":"section","prefixes":["A","3"],"prefix":"3","entire_prefix":"A3","prefix_anchor":"A3","level":2,"prior_prefix":"A2","next_prefix":"A4"},"4":{"id":233288,"text":"Vehicle brake performance including, but not limited to, whether brakes were applied before a crash;","type":"section","prefixes":["A","4"],"prefix":"4","entire_prefix":"A4","prefix_anchor":"A4","level":2,"prior_prefix":"A3","next_prefix":"A5"},"5":{"id":233289,"text":"The driver&#8217;s seatbelt status; and","type":"section","prefixes":["A","5"],"prefix":"5","entire_prefix":"A5","prefix_anchor":"A5","level":2,"prior_prefix":"A4","next_prefix":"A6"},"6":{"id":233290,"text":"Information concerning a crash in which the motor vehicle has been involved, including the ability to transmit such information to a central communications system.\n\t\t\t\t&#8220;Recording device&#8221; means an electronic system, and the physical device or mechanism containing the electronic system, that primarily, or incidental to its primary function, preserves or records, in electronic form, data collected by sensors or provided by other systems within the vehicle. &#8220;Recording device&#8221; includes event data recorders (EDRs), sensing and diagnostic modules (SDMs), electronic control modules (ECMs), automatic crash notification (ACN) systems, geographic information systems (GIS), and any other device that records and preserves data that can be accessed related to that vehicle.","type":"section","prefixes":["A","6"],"prefix":"6","entire_prefix":"A6","prefix_anchor":"A6","level":2,"prior_prefix":"A5","next_prefix":"B"},"7":{"id":233291,"text":"Recorded data may only be accessed by the motor vehicle owner or with the consent of the motor vehicle owner or the owner&#8217;s agent or legal representative; except under the following circumstances:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A6","next_prefix":"B1"},"8":{"id":233292,"text":"The owner of the motor vehicle or the owner&#8217;s agent or legal representative has a contract with a third-party subscription service that requires access to a recording device or recorded data in order to perform the contract, so long as the recorded data is only accessed and used in accordance with the contract;","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"9":{"id":233293,"text":"A licensed new motor vehicle dealer, or a technician or mechanic at a motor vehicle repair or servicing facility requires access to recorded data in order to carry out his normal and ordinary diagnosing, servicing, and repair duties and such recorded data is used only to perform such duties;","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"10":{"id":233294,"text":"The recorded data is accessed by an emergency response provider and is used only for the purpose of determining the need for or facilitating an emergency response. Such persons are authorized to receive data transmitted or communicated by any electronic system of a motor vehicle that constitutes an automatic crash notification system and utilizes or reports data provided by or recorded by recording devices installed on or attached to a motor vehicle to assist them in performing their duties as emergency response providers;","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"11":{"id":233295,"text":"Upon authority of a court of competent jurisdiction; or","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"12":{"id":233296,"text":"The recorded data is accessed by law enforcement in the course of an investigation where constitutionally permissible and in accordance with any applicable law regarding searches and seizures upon probable cause to believe that the recording device contains evidence relating to a violation of the laws of the Commonwealth or the United States.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"C"},"13":{"id":233297,"text":"The consent of the motor vehicle owner or the owner&#8217;s agent or legal representative for use of recorded data for purposes of investigating a motor vehicle accident or insurance claim shall not be requested or obtained until after the event giving rise to the claim has occurred, and shall not be made a condition of the defense, payment or settlement of an obligation or claim. For underwriting and rating purposes, the motor vehicle owner may provide his consent either directly to the insurer or through and as certified by a named insured.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B5","next_prefix":"D"},"14":{"id":233298,"text":"If a person or entity accesses recorded data pursuant to subdivisions B 2 or B 3, such entity or person shall not transmit or otherwise convey the recorded data to a third party unless necessary to carry out their duties thereunder.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"15":{"id":233299,"text":"When the recording device and recorded data are not removed or separated from the motor vehicle, the ownership of the recording device and recorded data survives the sale of the motor vehicle to any nonbeneficial owner such as an insurer, salvage yard, or other person who does not possess and use the motor vehicle for normal transportation purposes.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"16":{"id":233300,"text":"The failure of an insurer to obtain access to the recorded data shall not create, nor shall it be construed to create, an independent or private cause of action in favor of any person.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":13067,"edition_id":1,"name":"Miscellaneous Equipment","identifier":"10","label":"article","depth":4,"order_by":1,"parent_id":12828,"metadata":{},"date_created":"2026-06-26 03:44:13","date_modified":"2026-06-26 03:44:13","permalink":{"id":228627,"object_type":"structure","relational_id":13067,"identifier":"10","token":"46.2\/III\/10\/10","url":"\/46.2\/III\/10\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12828,"edition_id":1,"name":"Motor Vehicle and Equipment Safety","identifier":"10","label":"chapter","depth":3,"order_by":1,"parent_id":12827,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228599,"object_type":"structure","relational_id":12828,"identifier":"10","token":"46.2\/III\/10","url":"\/46.2\/III\/10\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12827,"edition_id":1,"name":"Operation","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12770,"metadata":{},"date_created":"2026-06-26 03:43:55","date_modified":"2026-06-26 03:43:55","permalink":{"id":228597,"object_type":"structure","relational_id":12827,"identifier":"III","token":"46.2\/III","url":"\/46.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12770,"edition_id":1,"name":"Motor Vehicles","identifier":"46.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:52","date_modified":"2026-06-26 03:43:52","permalink":{"id":225289,"object_type":"structure","relational_id":12770,"identifier":"46.2","token":"46.2","url":"\/46.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":71538,"structure_id":13067,"section_number":"46.2-1072","catch_line":"Operation of vehicle without serial or identification number; requirements for stamping, cutting, or embossing numbers; regulations","url":"\/46.2-1072\/","token":"46.2\/III\/10\/10\/46.2-1072","metadata":false},{"id":69545,"structure_id":13067,"section_number":"46.2-1072.1","catch_line":"Fees","url":"\/46.2-1072.1\/","token":"46.2\/III\/10\/10\/46.2-1072.1","metadata":false},{"id":68338,"structure_id":13067,"section_number":"46.2-1073","catch_line":"Engine or serial number illegible, removed, or obliterated","url":"\/46.2-1073\/","token":"46.2\/III\/10\/10\/46.2-1073","metadata":false},{"id":70675,"structure_id":13067,"section_number":"46.2-1074","catch_line":"Removing or altering serial or identification numbers, decals and devices without consent of Department","url":"\/46.2-1074\/","token":"46.2\/III\/10\/10\/46.2-1074","metadata":false},{"id":63514,"structure_id":13067,"section_number":"46.2-1075","catch_line":"Possession of vehicles with serial numbers removed or altered","url":"\/46.2-1075\/","token":"46.2\/III\/10\/10\/46.2-1075","metadata":false},{"id":69052,"structure_id":13067,"section_number":"46.2-1075.1","catch_line":"Tampering with gross vehicle weight ratings; penalty","url":"\/46.2-1075.1\/","token":"46.2\/III\/10\/10\/46.2-1075.1","metadata":false},{"id":80519,"structure_id":13067,"section_number":"46.2-1076","catch_line":"Lettering on certain vehicles","url":"\/46.2-1076\/","token":"46.2\/III\/10\/10\/46.2-1076","metadata":false},{"id":64520,"structure_id":13067,"section_number":"46.2-1077","catch_line":"Motor vehicles not to be equipped with television within view of driver; viewing motion pictures or similar displays while driving","url":"\/46.2-1077\/","token":"46.2\/III\/10\/10\/46.2-1077","metadata":false},{"id":65557,"structure_id":13067,"section_number":"46.2-1077.01","catch_line":"Display of certain visual material in motor vehicles prohibited; penalty","url":"\/46.2-1077.01\/","token":"46.2\/III\/10\/10\/46.2-1077.01","metadata":false},{"id":69626,"structure_id":13067,"section_number":"46.2-1077.1","catch_line":"Mobile infrared transmitters; demerit points not to be awarded","url":"\/46.2-1077.1\/","token":"46.2\/III\/10\/10\/46.2-1077.1","metadata":false},{"id":77671,"structure_id":13067,"section_number":"46.2-1078","catch_line":"Unlawful to operate motor vehicle, bicycle, electric personal assistive mobility device, electric power-assisted bicycle, or moped while using earphones","url":"\/46.2-1078\/","token":"46.2\/III\/10\/10\/46.2-1078","metadata":false},{"id":76449,"structure_id":13067,"section_number":"46.2-1078.1","catch_line":"Repealed","url":"\/46.2-1078.1\/","token":"46.2\/III\/10\/10\/46.2-1078.1","metadata":false},{"id":54120,"structure_id":13067,"section_number":"46.2-1079","catch_line":"Radar detectors; demerit points not to be awarded","url":"\/46.2-1079\/","token":"46.2\/III\/10\/10\/46.2-1079","metadata":false},{"id":71880,"structure_id":13067,"section_number":"46.2-1080","catch_line":"Speedometer in good working order","url":"\/46.2-1080\/","token":"46.2\/III\/10\/10\/46.2-1080","metadata":false},{"id":61953,"structure_id":13067,"section_number":"46.2-1081","catch_line":"Slow-moving vehicle emblems","url":"\/46.2-1081\/","token":"46.2\/III\/10\/10\/46.2-1081","metadata":false},{"id":75724,"structure_id":13067,"section_number":"46.2-1082","catch_line":"Mirrors","url":"\/46.2-1082\/","token":"46.2\/III\/10\/10\/46.2-1082","metadata":false},{"id":68022,"structure_id":13067,"section_number":"46.2-1083","catch_line":"Rear fenders, flaps, or guards required for certain motor vehicles","url":"\/46.2-1083\/","token":"46.2\/III\/10\/10\/46.2-1083","metadata":false},{"id":63854,"structure_id":13067,"section_number":"46.2-1084","catch_line":"Vehicle to have securely affixed seat for driver; location of such seat","url":"\/46.2-1084\/","token":"46.2\/III\/10\/10\/46.2-1084","metadata":false},{"id":86512,"structure_id":13067,"section_number":"46.2-1085","catch_line":"Repealed","url":"\/46.2-1085\/","token":"46.2\/III\/10\/10\/46.2-1085","metadata":false},{"id":86884,"structure_id":13067,"section_number":"46.2-1086","catch_line":"Devices for emission of smoke screens, gas projectors or flame throwers; prohibited","url":"\/46.2-1086\/","token":"46.2\/III\/10\/10\/46.2-1086","metadata":false},{"id":60282,"structure_id":13067,"section_number":"46.2-1087","catch_line":"Forfeiture of vehicles equipped with smoke projectors, etc","url":"\/46.2-1087\/","token":"46.2\/III\/10\/10\/46.2-1087","metadata":false},{"id":59414,"structure_id":13067,"section_number":"46.2-1088","catch_line":"Air conditioning units","url":"\/46.2-1088\/","token":"46.2\/III\/10\/10\/46.2-1088","metadata":false},{"id":57104,"structure_id":13067,"section_number":"46.2-1088.1","catch_line":"Hood scoops","url":"\/46.2-1088.1\/","token":"46.2\/III\/10\/10\/46.2-1088.1","metadata":false},{"id":84273,"structure_id":13067,"section_number":"46.2-1088.2","catch_line":"Warning devices required on certain vehicles","url":"\/46.2-1088.2\/","token":"46.2\/III\/10\/10\/46.2-1088.2","metadata":false},{"id":63966,"structure_id":13067,"section_number":"46.2-1088.3","catch_line":"Air bags; installation of other object in lieu of air bag prohibited; manufacture, sale, etc., of counterfeit or nonfunctional air bag prohibited; notice of installation of previously installed air bag required; penalties","url":"\/46.2-1088.3\/","token":"46.2\/III\/10\/10\/46.2-1088.3","metadata":false},{"id":60637,"structure_id":13067,"section_number":"46.2-1088.4","catch_line":"Devices used to supply nitrous oxide to the engines of motor vehicles","url":"\/46.2-1088.4\/","token":"46.2\/III\/10\/10\/46.2-1088.4","metadata":false},{"id":58944,"structure_id":13067,"section_number":"46.2-1088.5","catch_line":"Reflectors or reflectorized material required on rear end of certain trailers","url":"\/46.2-1088.5\/","token":"46.2\/III\/10\/10\/46.2-1088.5","metadata":false},{"id":64068,"structure_id":13067,"section_number":"46.2-1088.6","catch_line":"Motor vehicle recording devices","url":"\/46.2-1088.6\/","token":"46.2\/III\/10\/10\/46.2-1088.6","metadata":false}],"previous_section":{"id":58944,"structure_id":13067,"section_number":"46.2-1088.5","catch_line":"Reflectors or reflectorized material required on rear end of certain trailers","url":"\/46.2-1088.5\/","token":"46.2\/III\/10\/10\/46.2-1088.5","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/46.2-1088.6\/","history_text":"<p>This law was first created in 2006. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0851\">851<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?061+ful+CHAP0889\">889<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year.<\/p>","references":[{"id":80817,"section_number":"38.2-2212","catch_line":"Grounds and procedure for cancellation of or refusal to renew motor vehicle insurance policies; review by Commissioner","order_by":null,"url":"\/38.2-2212\/"},{"id":55969,"section_number":"38.2-2213.1","catch_line":"Certain action prohibited when motor vehicle owner fails to allow access to recorded data from recording device","order_by":null,"url":"\/38.2-2213.1\/"},{"id":55548,"section_number":"46.2-1532.2","catch_line":"Certain disclosures required by motor vehicle manufacturers; motor vehicle recording devices","order_by":null,"url":"\/46.2-1532.2\/"}],"refers_to":false,"permalink":{"id":228737,"object_type":"law","relational_id":64068,"identifier":"46.2-1088.6","token":"46.2\/III\/10\/10\/46.2-1088.6","url":"\/46.2-1088.6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/46.2-1088.6\/","token":"46.2\/III\/10\/10\/46.2-1088.6","dublin_core":{"Title":"Motor vehicle recording devices","Type":"Text","Format":"text\/html","Identifier":"\u00a7 46.2-1088.6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> As used in this section:\n\t\t\t&#8220;<span class=\"dictionary\">Accessed<\/span>&#8221; means downloaded, extracted, scanned, read, or otherwise retrieved.\n\t\t\t&#8220;<span class=\"dictionary\">Owner<\/span>&#8221; means a person having all the incidents of ownership, including the legal title of a vehicle whether or not such person lends, rents, or creates a security interest in the vehicle; a person entitled to the <span class=\"dictionary\">possession<\/span> of a vehicle as the purchaser under a security agreement; or a person entitled to <span class=\"dictionary\">possession<\/span> of the vehicle as the lessee pursuant to a written lease agreement, provided such agreement at inception is for a period in excess of three months.\n\t\t\t&#8220;<span class=\"dictionary\">Recorded data<\/span>&#8221; means the data stored or preserved electronically in a <span class=\"dictionary\">recording device<\/span> identifying performance or operation information about the <span class=\"dictionary\">motor vehicle<\/span> including, but not limited to: <a id=\"paragraph-233284\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1088.6\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> Speed of the <span class=\"dictionary\">motor vehicle<\/span> or the direction in which the vehicle is traveling, or both; <a id=\"paragraph-233285\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1088.6\/#A1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> Vehicle location data; <a id=\"paragraph-233286\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1088.6\/#A2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> Vehicle steering performance; <a id=\"paragraph-233287\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1088.6\/#A3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Vehicle brake performance including, but not limited to, whether brakes were applied before a crash; <a id=\"paragraph-233288\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1088.6\/#A4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> The <span class=\"dictionary\">driver<\/span>&#8217;s seatbelt status; and <a id=\"paragraph-233289\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1088.6\/#A5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"A6\" class=\"indent-1\"><p><span class=\"prefix-number\">6.<\/span> Information concerning a crash in which the <span class=\"dictionary\">motor vehicle<\/span> has been involved, including the ability to transmit such information to a central communications system.\n\t\t\t\t&#8220;<span class=\"dictionary\">Recording device<\/span>&#8221; means an electronic system, and the physical device or mechanism containing the electronic system, that primarily, or incidental to its primary function, preserves or records, in electronic form, data collected by sensors or provided by other systems within the vehicle. &#8220;<span class=\"dictionary\">Recording device<\/span>&#8221; includes event data recorders (EDRs), sensing and diagnostic modules (SDMs), electronic control modules (ECMs), automatic crash notification (ACN) systems, geographic information systems (GIS), and any other device that records and preserves data that can be <span class=\"dictionary\">accessed<\/span> related to that vehicle. <a id=\"paragraph-233290\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1088.6\/#A6\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> <span class=\"dictionary\">Recorded data<\/span> may only be <span class=\"dictionary\">accessed<\/span> by the <span class=\"dictionary\">motor vehicle<\/span> <span class=\"dictionary\">owner<\/span> or with the consent of the <span class=\"dictionary\">motor vehicle<\/span> <span class=\"dictionary\">owner<\/span> or the <span class=\"dictionary\">owner<\/span>&#8217;s <span class=\"dictionary\">agent<\/span> or legal representative; except under the following circumstances: <a id=\"paragraph-233291\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1088.6\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B1\" class=\"indent-1\"><p><span class=\"prefix-number\">1.<\/span> The <span class=\"dictionary\">owner<\/span> of the <span class=\"dictionary\">motor vehicle<\/span> or the <span class=\"dictionary\">owner<\/span>&#8217;s <span class=\"dictionary\">agent<\/span> or legal representative has a <span class=\"dictionary\">contract<\/span> with a third-<span class=\"dictionary\">party<\/span> subscription service that requires access to a <span class=\"dictionary\">recording device<\/span> or <span class=\"dictionary\">recorded data<\/span> in <span class=\"dictionary\">order<\/span> to perform the <span class=\"dictionary\">contract<\/span>, so long as the <span class=\"dictionary\">recorded data<\/span> is only <span class=\"dictionary\">accessed<\/span> and used in accordance with the <span class=\"dictionary\">contract<\/span>; <a id=\"paragraph-233292\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1088.6\/#B1\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B2\" class=\"indent-1\"><p><span class=\"prefix-number\">2.<\/span> A licensed new <span class=\"dictionary\">motor vehicle<\/span> dealer, or a technician or mechanic at a <span class=\"dictionary\">motor vehicle<\/span> repair or servicing facility requires access to <span class=\"dictionary\">recorded data<\/span> in <span class=\"dictionary\">order<\/span> to carry out his normal and ordinary diagnosing, servicing, and repair duties and such <span class=\"dictionary\">recorded data<\/span> is used only to perform such duties; <a id=\"paragraph-233293\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1088.6\/#B2\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B3\" class=\"indent-1\"><p><span class=\"prefix-number\">3.<\/span> The <span class=\"dictionary\">recorded data<\/span> is <span class=\"dictionary\">accessed<\/span> by an emergency response provider and is used only for the purpose of determining the need for or facilitating an emergency response. Such persons are authorized to receive data transmitted or communicated by any electronic system of a <span class=\"dictionary\">motor vehicle<\/span> that constitutes an automatic crash notification system and utilizes or reports data provided by or recorded by <span class=\"dictionary\">recording devices<\/span> installed on or attached to a <span class=\"dictionary\">motor vehicle<\/span> to assist them in performing their duties as emergency response providers; <a id=\"paragraph-233294\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1088.6\/#B3\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B4\" class=\"indent-1\"><p><span class=\"prefix-number\">4.<\/span> Upon authority of a <span class=\"dictionary\">court<\/span> of competent <span class=\"dictionary\">jurisdiction<\/span>; or <a id=\"paragraph-233295\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1088.6\/#B4\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B5\" class=\"indent-1\"><p><span class=\"prefix-number\">5.<\/span> The <span class=\"dictionary\">recorded data<\/span> is <span class=\"dictionary\">accessed<\/span> by <span class=\"dictionary\">law<\/span> enforcement in the course of an investigation where constitutionally permissible and in accordance with any applicable <span class=\"dictionary\">law<\/span> regarding searches and seizures upon <span class=\"dictionary\">probable cause<\/span> to believe that the <span class=\"dictionary\">recording device<\/span> contains <span class=\"dictionary\">evidence<\/span> relating to a violation of the <span class=\"dictionary\">laws<\/span> of the Commonwealth or the United States. <a id=\"paragraph-233296\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1088.6\/#B5\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"C\"><p><span class=\"prefix-number\">C.<\/span> The consent of the <span class=\"dictionary\">motor vehicle<\/span> <span class=\"dictionary\">owner<\/span> or the <span class=\"dictionary\">owner<\/span>&#8217;s <span class=\"dictionary\">agent<\/span> or legal representative for use of <span class=\"dictionary\">recorded data<\/span> for purposes of investigating a <span class=\"dictionary\">motor vehicle<\/span> accident or insurance claim shall not be requested or obtained until after the event giving rise to the claim has occurred, and shall not be made a condition of the defense, payment or <span class=\"dictionary\">settlement<\/span> of an obligation or claim. For underwriting and rating purposes, the <span class=\"dictionary\">motor vehicle<\/span> <span class=\"dictionary\">owner<\/span> may provide his consent either directly to the insurer or through and as certified by a named insured. <a id=\"paragraph-233297\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1088.6\/#C\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"D\"><p><span class=\"prefix-number\">D.<\/span> If a person or entity accesses <span class=\"dictionary\">recorded data<\/span> pursuant to subdivisions B 2 or B 3, such entity or person shall not transmit or otherwise convey the <span class=\"dictionary\">recorded data<\/span> to a third <span class=\"dictionary\">party<\/span> unless necessary to carry out their duties thereunder. <a id=\"paragraph-233298\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1088.6\/#D\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"E\"><p><span class=\"prefix-number\">E.<\/span> When the <span class=\"dictionary\">recording device<\/span> and <span class=\"dictionary\">recorded data<\/span> are not removed or separated from the <span class=\"dictionary\">motor vehicle<\/span>, the ownership of the <span class=\"dictionary\">recording device<\/span> and <span class=\"dictionary\">recorded data<\/span> survives the sale of the <span class=\"dictionary\">motor vehicle<\/span> to any nonbeneficial <span class=\"dictionary\">owner<\/span> such as an insurer, salvage yard, or other person who does not possess and use the <span class=\"dictionary\">motor vehicle<\/span> for normal transportation purposes. <a id=\"paragraph-233299\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1088.6\/#E\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"F\"><p><span class=\"prefix-number\">F.<\/span> The failure of an insurer to obtain access to the <span class=\"dictionary\">recorded data<\/span> shall not create, nor shall it be construed to create, an independent or private <span class=\"dictionary\">cause of action<\/span> in favor of any person. <a id=\"paragraph-233300\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/46.2-1088.6\/#F\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nMOTOR VEHICLE RECORDING DEVICES (\u00a7 46.2-1088.6)\n\nA. As used in this section:\n\t\t\t&#8220;Accessed&#8221; means downloaded, extracted, scanned, read, or\notherwise retrieved.\n\t\t\t&#8220;Owner&#8221; means a person having all the incidents of ownership,\nincluding the legal title of a vehicle whether or not such person lends, rents,\nor creates a security interest in the vehicle; a person entitled to the\npossession of a vehicle as the purchaser under a security agreement; or a person\nentitled to possession of the vehicle as the lessee pursuant to a written lease\nagreement, provided such agreement at inception is for a period in excess of\nthree months.\n\t\t\t&#8220;Recorded data&#8221; means the data stored or preserved electronically\nin a recording device identifying performance or operation information about the\nmotor vehicle including, but not limited to:\n\n   1. Speed of the motor vehicle or the direction in which the vehicle is\n   traveling, or both;\n\n   2. Vehicle location data;\n\n   3. Vehicle steering performance;\n\n   4. Vehicle brake performance including, but not limited to, whether brakes\n   were applied before a crash;\n\n   5. The driver&#8217;s seatbelt status; and\n\n   6. Information concerning a crash in which the motor vehicle has been\n   involved, including the ability to transmit such information to a central\n   communications system.\n   \t\t\t\t&#8220;Recording device&#8221; means an electronic system, and the\n   physical device or mechanism containing the electronic system, that primarily,\n   or incidental to its primary function, preserves or records, in electronic\n   form, data collected by sensors or provided by other systems within the\n   vehicle. &#8220;Recording device&#8221; includes event data recorders (EDRs),\n   sensing and diagnostic modules (SDMs), electronic control modules (ECMs),\n   automatic crash notification (ACN) systems, geographic information systems\n   (GIS), and any other device that records and preserves data that can be\n   accessed related to that vehicle.\n\nB. Recorded data may only be accessed by the motor vehicle owner or with the\nconsent of the motor vehicle owner or the owner&#8217;s agent or legal\nrepresentative; except under the following circumstances:\n\n   1. The owner of the motor vehicle or the owner&#8217;s agent or legal\n   representative has a contract with a third-party subscription service that\n   requires access to a recording device or recorded data in order to perform the\n   contract, so long as the recorded data is only accessed and used in accordance\n   with the contract;\n\n   2. A licensed new motor vehicle dealer, or a technician or mechanic at a motor\n   vehicle repair or servicing facility requires access to recorded data in order\n   to carry out his normal and ordinary diagnosing, servicing, and repair duties\n   and such recorded data is used only to perform such duties;\n\n   3. The recorded data is accessed by an emergency response provider and is used\n   only for the purpose of determining the need for or facilitating an emergency\n   response. Such persons are authorized to receive data transmitted or\n   communicated by any electronic system of a motor vehicle that constitutes an\n   automatic crash notification system and utilizes or reports data provided by\n   or recorded by recording devices installed on or attached to a motor vehicle\n   to assist them in performing their duties as emergency response providers;\n\n   4. Upon authority of a court of competent jurisdiction; or\n\n   5. The recorded data is accessed by law enforcement in the course of an\n   investigation where constitutionally permissible and in accordance with any\n   applicable law regarding searches and seizures upon probable cause to believe\n   that the recording device contains evidence relating to a violation of the\n   laws of the Commonwealth or the United States.\n\nC. The consent of the motor vehicle owner or the owner&#8217;s agent or legal\nrepresentative for use of recorded data for purposes of investigating a motor\nvehicle accident or insurance claim shall not be requested or obtained until\nafter the event giving rise to the claim has occurred, and shall not be made a\ncondition of the defense, payment or settlement of an obligation or claim. For\nunderwriting and rating purposes, the motor vehicle owner may provide his\nconsent either directly to the insurer or through and as certified by a named\ninsured.\n\nD. If a person or entity accesses recorded data pursuant to subdivisions B 2 or\nB 3, such entity or person shall not transmit or otherwise convey the recorded\ndata to a third party unless necessary to carry out their duties thereunder.\n\nE. When the recording device and recorded data are not removed or separated from\nthe motor vehicle, the ownership of the recording device and recorded data\nsurvives the sale of the motor vehicle to any nonbeneficial owner such as an\ninsurer, salvage yard, or other person who does not possess and use the motor\nvehicle for normal transportation purposes.\n\nF. The failure of an insurer to obtain access to the recorded data shall not\ncreate, nor shall it be construed to create, an independent or private cause of\naction in favor of any person.\n\nHISTORY: 2006, cc. 851, 889.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}