Might as well contribute to this forum, thanks everyone for the warm welcomes. Bit of background about me, I'm a accident investigator (Forensic Engineer). I am in no way affiliated with the police, government agencies or any other corporate companies, I work for a private company and we conduct independent investigations relating to collisions, industrial accidents, workplace accidents and of course car crashes. I apologize about how long this will be.
95% of new vehicles sold in Australia are fitted with black box data recorders (correctly termed Event Data Recorders). If you have watched air crash investigation or know about black boxes in planes, well they are now used in vehicles. Before you jump up in arms I am here to say your privacy is well protected and you have nothing to worry about. If you need more re-assurance please read on!
What is it?
Before I go any further, this device is not the Black Box you will see in the news and the forums that are fitted by the owner and record video. The EDR is the device which monitors and records data about the vehicle. It is contained within the Airbag Control Module (or similar device as some manufacturers use different names). It is linked into a vast array of sensors within the vehicle. This module is responsible for deploying the airbags in the event of a crash. The EDR uses a circular buffer which will consistently overwrite itself with new data. The data begins recording from when the ignition is turned on.
When the EDR identifies a collision, the data is locked down. If the airbags do not deploy the data will be recorded temporarily until a more severe event is recorded. If the airbags do deploy, the data is permanently locked.
What does it record?
This will vary from vehicle make and vehicle model. Most vehicles will record pre-impact speed (2.5 seconds to 5 seconds prior to impact), throttle position, brake pedal and accelerator pedal position, fault code logs, engine RPM, seatbelt status, cruise status and accelerations (using an inbuilt acceleration).
In all vehicles I have come across (bar early 2000's Mustangs), the device will only record up to 5 seconds of pre-crash data and about 100 to 300ms of post crash data (this is in the form of accelerations in g's). The module does not record audio or video.
In addition, the module will not record data (which can be accessed) if no collision has occurred. This means that you cannot download data whilst you are driving or immediately after you have driven the vehicle, unless there has been an impact.
Who Can Access it?
The data can only be accessed by those who are trained and certified, and who possess the download kit. Currently in Victoria, there are approximately 10 people who are certified to do this, with the majority being part of the Major Collision Investigation Unit of the Victoria Police. This data can however be accessed by the manufacturer, but this is rarely done unless ordered by a court order. This is not publicly available and it cannot be accessed directly by insurance companies. I can however say that I do downloads for insurance companies from time to time.
How is it used?
There are 2 main uses for this data. The first relates to criminal cases and occasionally civil liability cases. The MCIU will download data from all vehicles that they can. The information contained within the module will then be used for the purpose of a collision reconstruction. Data obtained has been used in courts and has been accepted within the legal system. The second use is for insurance companies. Where the insurer has concerns regarding the truthfulness of a claim, we will be called and will investigate the circumstances. The biggest use is in determining speed. If you are travelling in excess of 35km/h to 45km/h depending on the state (Dangerous Driving), your insurance will be void if you have a crash. It is also used in determining whether a collision was staged (setup).
Can it be Disabled?
Technically yes, you can remove the Airbag Control Module, but this will deactivate all of the SRS devices in the vehicle and you are risking your own life. It cannot be hacked or modified. This will also void your insurance as it is a very illegal modification, significantly reduce your TAC compensations and possibly result in criminal driving convictions if a passenger is injured in your vehicle. If you value your SRS devices, you cannot disable and cannot bypass it.
Should you be worried?
Absolutely not! This cannot be used for trivial matters, e.g. If you get pulled over for speeding. The module ONLY records up to 5 seconds of data which will be lost as soon as the ignition moves to "ON" unless there is a crash. This will only be used if investigators like myself are called, or if the MCIU are called (requires alcohol, drugs, more than 3 fatalities or excessive speed unless specifically requested by attending police).
This device can protect you. How many collisions do you see on the news where some idiot was being beyond stupid and killed an innocent person? If that was your friend/family (and i sincerely hope no one here will ever experience that) would you want the person responsible brought to justice? Well the data contained within your car (e.g. a Mazda) will tell me exactly what the vehicle which crashed into the Mazda was doing at impact (Conservation of Momentum and Newton's Laws). Thus, if you have nothing to hide you have nothing to worry about.
Additional Info
By law, the owner of the vehicle is the rightful owner of the data. The MCIU can access it due to their powers in attending collisions. If you own the vehicle, you must give permission for the data to be accessed.
The data can be accessed in as little as 2 minutes.
Mazda, Holden, Ford, Toyota, Daimler-Chrysler family, Subaru, BMW, Mercedes, VW, Seat, Izuzu, Volvo, SAAB, Fiat, Infiniti, Lancia, Rolls-Royce, these are some of the vehicles which record data.
Now this is very different to a black box HD recorder (I also have one in my car).
I am happy to answer any questions about this stuff!
I must stress, I am not a lawyer, nor do I have any legal qualifications, I am an engineer. None of this should be taken as legal advice. If you are involved in a collision or dispute, get legal representation ASAP. Your lawyers will likely engage someone like us.
Sources: I am trained to do this, I use this every week and I have downloaded data from many vehicles, among those Mazda's.