New cars sold in Australia may adopt ‘black box’ recorders

All new cars in Europe will be required to have an 'Event Data Recorder' (EDR) as a standard feature from July 2024, and Australia could follow, thanks to the rule under the United Nations' World Harmonisation of Vehicle Regulations – of which Australia is a signatory.

Colloquially known as 'black box recorders' in aircraft, in cars, the EDRs are designed to record speed, braking, the position of the car, and which safety features were deployed in the event of an accident – with information collected five seconds before a crash and 0.3 seconds after.

The EDR may also be able to record whether a driver has deliberately switched off their traction or stability control system – potentially making them culpable.

It's expected the information could be used to determine who is at fault in a disputed multi-car accident, or to help authorities examine whether a single-car crash was due to mechanical failure or driver error.

While the data is anonymous, it remains the property of the owner – though prosecutors can seek a court order to obtain the information as evidence – accessed through a vehicle's universal diagnostic port or from the black box itself.

While Australia subscribes to the World Harmonisation of Vehicle Regulations, a spokesperson for the Department of Infrastructure told Drive all local regulations are set by the Australian Government – in consultation with the public and stakeholders – and are not automatically applied.

"Data and privacy implications of EDRs are still being considered within the context of Australia’s privacy laws, which are different to those of other countries, along with work on broader policy options taking into consideration how this technology would work in the Australian context," the spokesperson told Drive.

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In 2009, a police officer in the US was charged with vehicular homicide after his patrol car ran through a stop sign at 79mph (128km/h) without emergency lights and sirens, hitting a people-mover and killing two teenage sisters. Though the officer was acquitted by a jury, the vehicle's black box was used as evidence in the trial to determine his speed and braking input.

In the UK, it's common practice for young drivers to be offered more affordable car insurance when they have a black box recorder installed in their vehicle.

Under the World Harmonisation of Vehicle Regulations – which Australia subscribes to – all brand-new models introduced from July 2022 must have been fitted with an EDR. However, from July 2024, all new vehicles – even those introduced prior to July 2022 – must now be fitted with the technology.