Event Data Recorders (“EDRs”): What Michigan drivers should know

What an EDR is (and isn’t)

An event data recorder is a small module (often inside the airbag control unit) that automatically logs certain crash-related measurements—think speed change (delta-V), seat-belt status, brake and throttle use, airbag deployment timing, etc. If a vehicle has an EDR, U.S. rules say it must capture a minimum set of items in a standard format so crash investigators and reconstructionists can read it with approved tools. (Federal rules do not require every car to have an EDR; they standardize what’s recorded if one is present.)

Federal law controls ownership & access (applies in Michigan)

Under the Driver Privacy Act of 2015, EDR data belongs to the vehicle’s owner (or lessee). No one else may access it unless one of these applies:

1. a court/administrative order authorizes retrieval; 2) the owner/lessee consents (written/electronic/audio, including via a service subscription); 3) NTSB/NHTSA crash investigations (with PII protections); 4) emergency medical response; or 5) traffic-safety research with identifiers removed. This federal rule applies nationwide, including Michigan.

What changed recently (recording time got longer)

NHTSA issued a final rule in Dec. 2024 updating the EDR regulation (49 CFR Part 563). Among other things, the rule extends required pre-crash recording for key data elements (from 5 seconds to 20 seconds), improving usefulness in real-world reconstructions. (The rule amends the long-standing EDR standard and ties back to FAST Act § 24303.)

What EDRs typically record

Depending on make/model, common items include: vehicle forward speed, engine RPM, throttle and brake use, ABS activity, stability-control status, delta-V, seat-belt buckles (driver/passenger), airbag deployment times, and ignition cycles. The federal EDR spec enumerates the minimum data set and formats to ensure consistent downloads across brands.

Practical note: EDRs usually save only when a qualifying “event” occurs (e.g., airbag deployment or near-deployment). Some modules can store a “non-deployment” event, and memory may be overwritten by a subsequent crash event.

Michigan practice: how this plays out in real cases

Even though federal law governs ownership/access, Michigan procedure determines how parties actually get and use the data in criminal and civil matters.

• Police access: In practice, Michigan agencies seek owner consent or a search warrant to download a vehicle’s EDR, aligning with the Driver Privacy Act’s “court authorization” or “consent” pathways. Expect a warrant where there’s a privacy interest and no valid consent is available.
• Civil cases (plaintiff/defense): Attorneys typically secure EDR data via client consent (own vehicle) or court process (subpoena/order) when the target vehicle is owned by an adverse party, a rental fleet, or an employer. Because the federal statute vests ownership in the owner/lessee, getting the right party’s consent matters—e.g., for rentals, the lessee (renter) is treated as the data owner.
• Admissibility: In Michigan, EDR downloads are commonly introduced through a qualified expert (accident reconstruction), with foundation on the tool/method (e.g., Bosch CDR) and reliability under MRE 702/Daubert-type principles. (Exact foundation will vary by judge and vehicle.)

Preservation checklist (Michigan)

EDR data can be lost if a totaled vehicle is scrapped or if a later event overwrites memory. Right after a serious crash:

1. Lock down the vehicle. Identify the tow yard/insurer storage and instruct no crushing, repairs, or battery reconnection until data is preserved.
2. Send spoliation/preservation letters immediately to: tow yard, storage lot, owner/lessor, at-fault driver’s insurer, and any custodian (rental company, employer fleet). Ask them to hold the vehicle and not power the module.
3. Arrange a neutral download (Bosch CDR or OEM-approved) with notice to all parties; consider a joint protocol and chain-of-custody form.
4. If access is refused, move for a court order compelling preservation/inspection. The federal Driver Privacy Act recognizes court-authorized access.

Tip: If your client’s vehicle is a lease or rental, get the lessee’s written consent (that’s the legal “owner” for EDR data under federal law). For a company car, coordinate with the titled owner (employer) early.

FAQs for Michigan drivers & claimants

Who owns my EDR data if I’m in a rental?
You do during the rental—the lessee is treated as the data owner under federal law.

Can police just take my car’s black-box data after a crash?
They generally proceed by consent or court authorization (e.g., a warrant), consistent with the Driver Privacy Act’s access limits.

Will my late-model car now keep more pre-crash data?
Yes—NHTSA’s Dec. 2024 final rule extends required pre-crash capture to 20 seconds for specified elements, making the data more informative. (Compliance dates/phase-ins are in the rule.)

Does the EDR track everywhere I drove?
No. EDRs are finite crash logs, not full-time trackers. (Separate telematics/infotainment systems may hold other data—those aren’t governed by the EDR rule and are treated under different laws and privacy policies.)

What exactly is standardized?
If a vehicle has an EDR, 49 CFR Part 563 specifies data elements, units, and formats for a common download/read-out across makes. (This is why reconstructionists can use standardized tools.)

Michigan Attorney Corner

• When to move fast: Significant injury/fatal crashes, disputed speed/braking/seat-belt use, airbag timing, or “who crossed center” disputes.
• Protocol: Request a non-destructive download first; if module removal is required, stipulate procedures, video the process, and maintain sealed custody.
• Foundation: Keep the CDR report, vehicle build list, calibration files, tool version, and technician credentials. Expect questions on error rates and whether the event was deployment or non-deployment.
• Discovery leverage: If the at-fault carrier totals and disposes of its insured’s vehicle after notice, pursue spoliation relief and adverse inference.
• Criminal overlap: If there’s a parallel criminal matter, coordinate around law-enforcement’s warrant-based download to avoid dueling extractions and chain-of-custody issues.

Key sources

• NHTSA overview: what an EDR is and what it records.
• Driver Privacy Act of 2015 (ownership & access limits).
• Final Rule (Dec. 18, 2024): updates to 49 CFR Part 563 including 20-second pre-crash capture.
• NHTSA docket materials explaining the Part 563 amendments (background and rationale).