Interesting proposed law in CA

Looks like some campain contributor has lost their transponder key on a friday night and wrote their Senator. ============================================

BILL NUMBER: SB 1542 INTRODUCED BILL TEXT

INTRODUCED BY Senator Migden

FEBRUARY 23, 2006

An act to add Section 9954 to the Vehicle Code, relating to vehicles.

LEGISLATIVE COUNSEL'S DIGEST

SB 1542, as introduced, Migden Motor vehicles: key information access. (1) Existing law imposes various requirements upon manufacturers of motor vehicles sold or leased in this state with regard to disclosing information and providing equipment. A violation of the laws regulating motor vehicles is a crime. This bill would require a motor vehicle manufacturer of a motor vehicle sold or leased in this state on or after January 1, 2008, with a model-year of 2008 or later, to provide a means whereby the registered owner of that motor vehicle can access information, and only that information, that is necessary to permit the reproduction of a key or other functionally similar device, or the performance of any necessary service, that will allow the registered vehicle's owner to enter, start, and operate his or her vehicle. A manufacturer would be required to make such information available 24 hours each day and 7 days each week. Since a violation of the bill's requirements would be a crime, the bill would impose a state-mandated local program. (2) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason. Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

SECTION 1. The Legislature hereby finds and declares all of the following: (a) There are over 28 million registered motor vehicles in California, and those vehicles are relied upon heavily by California residents to conduct everyday activities. (b) A key or functionally similar device is a fundamental and critical component of a motor vehicle, without which a person cannot perform the basic functions of gaining entry to a motor vehicle or starting its engine. (c) The ability to replace a key, or functionally similar device, to a motor vehicle in a timely, convenient, reliable, and affordable manner is not only of general benefit to automotive consumers, but it is also essential to the safety and well-being of those consumers. (d) Manufacturers have made great strides in improving vehicle security to enhance motorists' safety and deter theft. However, the increasingly complex systems being devised have made it more difficult for motorists who lock themselves out of their vehicles or lose their keys to regain access to, and the use of, their vehicles in a timely manner. Limited access to information, including key, transponder, and immobilizer codes, and related information, has caused inconvenience, delay, extra cost, and risk to many vehicle owners. Without access to necessary information, many owners have had no choice but to obtain service and purchase replacement keys from members of the manufacturer's authorized dealer network, rather than from a service provider of the motorist's choice. Dealer networks are generally only available during regular business hours, and motorists may have no choice but to have the vehicle towed to the dealer rather than serviced on site. (e) Consumers' current limited access to necessary information causes not only significant inconvenience and higher costs to them, but threatens their safety and well-being, especially under circumstances where a motorist is stranded alone after business hours or in a remote location. (f) A registered owner of a motor vehicle has the fundamental right to both of the following: (1) To access the information necessary to gain entry to and operate his or her motor vehicle in a timely, convenient, reliable, and affordable manner that does not compromise his or her safety or the security of the vehicle. (2) To select the qualified service provider of his or her choice to assist in regaining access to, and use of, his or her motor vehicle. (g) It is the intent of the Legislature, in enacting this act, to give motorists better access to necessary information, while at the same time protecting the security of that information. It is critical to protect consumers from both automobile theft and from the risks that arise from limited access to information necessary to allow them to expeditiously regain entrance to, and use of, their vehicles, and this act is intended to provide the appropriate balance for these two important concerns. SEC. 2. Section 9954 is added to the Vehicle Code, to read: 9954. (a) A motor vehicle manufacturer of a motor vehicle sold or leased in this state shall provide a means whereby the registered owner of that motor vehicle can access information, and only that information, that is necessary to permit the reproduction of a key or other functionally similar device or the performance of any necessary service, that will allow the registered vehicle's owner to enter, start, and operate his or her vehicle. The means to access this information shall allow access to this information 24 hours each day and seven days each week. (b) Subdivision (a) shall apply only to vehicles sold or leased in this state on or after January 1, 2008, with a model-year of 2008 or later. SEC. 3. No reimbursement is required by this act pursuant to Section 6 of Article XIII B of the California Constitution because the only costs that may be incurred by a local agency or school district will be incurred because this act creates a new crime or infraction, eliminates a crime or infraction, or changes the penalty for a crime or infraction, within the meaning of Section 17556 of the Government Code, or changes the definition of a crime within the meaning of Section 6 of Article XIII B of the California Constitution.

Reply to
Roger Shoaf
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well, VW and Mercedes might be in trouble..along with a few others..

--Shiva--

Reply to
me

I don't really know about trouble, this bill is not yet law, and even if it becomes law it only effects cars sold after January 1, 2008.

Reply to
Roger Shoaf

IF this becomes law, it will be interesting to see how this effects international manufacturers (like Mercedes, VW, etc), since the US DEALER did not make the car, they are simply reselling it...

Reply to
Bogus

VW keys are in some cases 1 week away by mail.. Ditto Mercedes..

--Shiva--

Reply to
me

The law seems abundantly clear:

If a dealer wishes to sell automobiles [2008 model year and newer] in the State of California after 2008 they will have to maintain a 24/7 system for consumers [and their chosen agents on their behalf] to have access to information regarding the key code and transponder information... I just wonder what the penalty for being in non-compliance of this law will be...

It seems truly reasonable to me, after all a person is paying large amounts of money to own something and is then basically extorted by the maunfacturer when the keys go missing...

Would you buy expensive locks for your home if you could only have them opened during business hours if you lost your keys ?

I wonder how many other states will follow California's example...

Evan, ~~ formerly a maintenance man, now a college student...

Reply to
Evan

Hello Evan,

Being a law, is this really about the principle, or the exorbitant cost of the vehicle and not properly managing attached expectations?

So in parallel to our field...

I buy high security locks for my house that are proprietary to a single locksmith When I lose my key, should that locksmith be expected to provide an immediate replacement 24x7 (please leave a message!)?

The catch is, both likely involve a support fee appropriate to the circumstance and timing, they are not free.

So IF/when this passes into law, would the dealers setup contract retainers with automotive locksmiths ?

Cool, that new equipment might just pay for itself yet!

- David

Reply to
Bogus

and in the case of SOME vehicles.. Jags, and all the sidewinder type keys.. it HAD BETTER..

in my state, its a 250 mile for a jag key..one way

--Shiva--

Reply to
me

After reading up on the issue I think some it is about property rights, after all you do buy something an expect to have control over it up to and including access to information vital to replacing the key to your expensive vehicle if it goes missing [or is broken/damaged, stolen, etc.] anytime by anyone you choose... Rather than being placed into a position where access to the information about the keys and codes for automotive locks are kept secret by the manufacturers and in some cases only available to the owner at the dealership where the vehicle was purchased and provided by someone of the dealership's choice...

Well depending on what type of locks you have installed on your house you may very well be stuck having to deal with the one locksmith shop that sold you the hardware, if you wish to keep that hardware, but you do have a choice here... You can call someone else out to open your home and then decide later to either replace the locks on your doors, or keep the locks you have and get them rekeyed by the lockshop that installed them... That is a lot easier than you can replace the locks on your car for which you no longer have the key... The automobile is by intended design something which you have no alternatives in replacing the locks supplied by the manufacturer... Therefore the manufacturer should be put into a position to disclose information about originating keys and transponders to owners upon demand...

You can not reasonably compare this to a residential lockset unless such a lockset existed that was proprietary in its basic design that no standard lockset or replacement cylinder was available to replace the one that was damaged or needed to be rekeyed...

Nothing is free, but should you be required to obtain replacement keys from only one source [i.e. the dealer] or should you be able to obtain them from someone you choose who has the equipment available to originate a key but doesn't possess the codes to do so ?

Probably not... That doesn't seem to be the intent behind the law, if reads more like it is out to level the playing field for the car owners by allowing them to pick a locksmith of their choice... Dealerships setting up contracts and only supplying the required information to the contracted locksmiths seems to go against the legislative intentions behind the law...

Could be, but with this new law you will have the opportunity to find out by working for customers directly rather than as a "vendor" supplying a sub-contracted labor service to the dealership...

Meaning your potential customer base [if you are in Cailfornia] will expand in 2008 for originating/replacing lost keys to new cars...

Reply to
Evan

The state regulates almost every aspect of automobile sales now. And besides, all the manufacturers already have the 24/7 emergency roadside service phone lines and data processing anyway.

Reply to
Roger Shoaf

methinks they will have to alter some things.. Take Toyota and some of the VW's... the chips are currently 'hard wired' into the on board computer.. ditto the Mercedes..no 'current' provisions to add keys into the system, QUICKLY, so a lot of things would have to change..

--Shiva--

Reply to
me

To have to provide this information 24/7 is a security hazard. As a compromise, car buyers could be given this information upon purchase, and if they choose to, leave it with an organization who can make it available

24/7.

If this became law,dealers no doubt will 'outsource' this to a specialist company who would need to carry insurance to cover cases where codes are given out where they should not have been.

There was a private bill (proposed legislation) put up in New Zealand years ago after a Member of Parliament had his automobile towed away from a private parking lot and he had to pay the tow company to get it back. This is lawful under the ancient legal principle of 'distress damage feasant'. His law would have required property owners to sue for towage through small claims courts.This would have caused no end of bother to private organizations (eg universities) and to people who rent parking slots. His bill finally got thrown out.

Reply to
Peter

to a very expensive foreign car, probably

--Shiva--

Reply to
me

I presume it is already a problem, but how do you prove you are the owner or an agent of the owner?

bud--

Reply to
Bud--

as explained to a cop one time, and he agreed with me, YOU CANT..

--Shiva--

Reply to
me

It is obviously an issue now. What assurances of ownership are currently used to car dealers, locksmiths, ..? (Would seem like 24/7 would be worse problem.)

bud--

Reply to
Bud--

Perhaps someone could propsoe that California change the format of its vechile registration cards to include a photo of the registered owner right on the card [since it is a nearly universal requirement in all 50 states that you carry your registration card in the vehicle]...

That is just one idea...

Evan, ~~ formerly a maintenance man, now a college student...

Reply to
Evan

for me, I dont have problems with car dealers and similar.. both due to posession-usually on their lot, and paper trail..

but individuals, as I explained to the cop, cannot 'prove it. --Shiva--

Reply to
me

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