Time for California to Answer the Call for Emergency Contact Legislation

If you experience a severe car crash, heaven forbid, who are you going to call?  No one, if you are severely injured or incapacitated.

But that's okay because when the police arrive they'll be able to figure out who you are and contact your loved ones.  Or will they?

If you are unconscious at the scene of a crash or unable to communicate with first responders, those first responders will be left to go through your glove box, pocketbook, briefcase, wallet or pants pockets to try to figure out who you are.  They may be able to get some basic information from your license or registration but those pieces of personal data won't necessarily lead authorities to your family members who will want to know about your condition.

A survey of California voters taken by Public Policy Polling indicates that respondents are interested in correcting this situation.  Nearly two thirds of those respondents said the current time lag of six hours to notify emergency contacts was "unacceptable."

As of today, 11 states in the U.S. have voluntary emergency contact systems connected to a drivers license or state issued ID (Florida, Ohio, Illinois, Colorado, Indiana, New Jersey, Delaware, Maryland, New York, Virginia and Pennsylvania).  But these systems are not accessible across state lines and adoption has been mixed.  In Florida, over 30% of ID holders have enrolled in the state's driver's license emergency contact program, but in Ohio, only 7.6% of eligible ID holders have enrolled.

This situation applies across the U.S. and throughout the world but may be poised to change if the California State Assembly acts on legislation currently under review. The Assembly is currently considering temporary license plate legislation (AB 516) governing the issuing of temporary licenses by dealers selling new or used cars.

The temporary license plate bill is intended to plug a loophole which has allowed dealers to take advantage of consumers while also causing confusion at electronic toll plazas and even enabling criminals to evade capture.  As useful and important as AB 516 is and will be, the legislation has stalled in the California Senate.

Sources at the California Governor's Office from the Department of Finance indicate that the bill is awaiting a "direct benefit to consumers" provision.  California law enforcement representatives, along with Consumers for Auto Reliability and Safety have recommended that the author of AB 516 (Assemblymember Kevin Mullin) include in his legislation a proposal for the creation of a VIN-based (vehicle identification number) emergency contact database tied to the National Law Enforcement Telecommunications System (NLETS) - thereby creating a national resource for emergency contact information.

Implementation of this legislation in California will by law create a nationwide interoperable database for emergency contact information.  Once again, California will influence national automotive policy and, maybe, international policy governing the notification of emergency contacts.

The recommendation is that dealers collect the emergency contact information at the point of sale registration process via a National Motor Vehicle Emergency Contact Registry (NMVECR).   The details of the NMVECR were proposed last year in AB 1264, which describes a tool for law enforcement to expedite family notification during roadside emergencies, and provide another resource for hospitals working with law enforcement to obtain motor vehicle owner family contact data through the National Law Enforcement Telecommunications System (NLETS).

Assemblyman Mullin can rest assured that consumers appreciate the value of this enhancement to the vehicle registration process at the dealership.  A substantial majority of California voters surveyed by Public Policy Polling said they favor a proposal to voluntarily designate an emergency contact during the car-buying process.

The survey, conducted in March 2016 by PPP, found that 60% of responding California voters backed the proposal vs. 24% opposed.  The survey addressed the amendments currently proposed by consumer groups and law enforcement to AB 516.

The survey revealed that support for the amendments comes from a broad demographic spectrum comprised of majorities of women, men, Democrats, Republicans, Independents, Hispanics, African-Americans, young voters, and seniors.  A majority of survey respondents within each of these segments all expressed support for the amendments which are intended to provide for the increased peace-of-mind of knowing police will have immediate access to their emergency contact data during roadside emergencies.

Support for the proposal underscores dissatisfaction with the current process.  Just 25% of Californians say that the current process - which, on average, takes about six hours for family notification to occur when someone is incapacitated due to a roadside emergency - is acceptable. Nearly two thirds of responding voters (64%) say that such a delay is unacceptable in the midst of roadside emergencies.

A near-unanimous 84% of voters say they would want police to be able to notify them immediately if a family member were incapacitated due to a car crash, highlighting voter demand for improvements in the current process.  In addition to addressing the current unacceptable family notification delay, voters also said the option to voluntarily designate an emergency contact during the car-buying process would help to ease their concerns when on the road.

More than half (51%) of Californians said the proposal gives them more peace of mind vs.just 10% who said it gives them less.  PPP surveyed 503 California voters from March 18-20, 2016. 

https://tinyurl.com/juehgq3 - Complete Survey Results

There are many misconceptions regarding the notification of family members and emergency contacts after a crash.  The biggest misconception is that services such as General Motor's OnStar can provide this assistance.   The reality is that OnStar operators can only provide emergency contact information with the permission of the subscriber.  If the subscriber is unconscious or incapacitated, OnStar operators cannot help.

The proposed emergency contact database will enable law enforcement to save precious time at a crash scene - and saved time might mean the saving of lives.  Based upon a recent meeting with consumer groups and law enforcement, the governor's office communicated to the author of AB 516 that the bill needs work before proceeding forward with a Senate vote. The author has until August 19th as the last day to amend AB 516 on the Senate Floor, and August 31st as the last day to bring AB 516 forward for a Senate vote.

We hope the California Assembly makes the right call - a call that can save lives and give consumers peace of mind.  The legislation also gives dealers a valuable role to play in that live-saving proposition.

Roger C. Lanctot is Associate Director in the Global Automotive Practice at Strategy Analytics.  More details about Strategy Analytics can be found here: https://www.strategyanalytics.com/access-services/automotive#.VuGdXfkrKUk