Chapter 90 of the General Laws is hereby amended by adding the following section:-
Section 63. (a) As used in this section, the following words shall, unless the context clearly requires otherwise, have the following meanings:-
“Autonomous vehicle”, a motor vehicle equipped with technology that allows the motor vehicle to perform 1 or more driving functions through vehicle automation, without the direct control of the driver.
“Event data recorder”, means a device or function in a motor vehicle that records the vehicle’s dynamic, time-series data during the time period just prior to a crash event, including, but not limited to, indication whether the vehicle was in autonomous mode or not, speed, throttle position, brake usage, vehicle speed versus time data, or during a crash event, including, but not limited to, delta-V versus time data, intended for retrieval after the crash event. “Event data” does not include audio or video data.
(b) After a crash event involving an autonomous vehicle that is being operated or tested on a public way, no person shall knowingly destroy, corrupt, alter or delete data on the autonomous vehicle’s event data recorder, or knowingly destroy or impair the autonomous vehicle’s event data recorder, until a sufficient amount of time has passed to allow law enforcement a reasonable opportunity to obtain a search warrant for the purpose of obtaining evidence relating to the crash event.
(c) A violation of this section shall be punishable by a fine of not more than $50,000, or by imprisonment in the state prison for not more than 5 years, or in a jail or house of correction for not more than 2 ½ years, or both such fine and imprisonment.
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