; or (ii) is a passenger who unlawfully obtained access to the vehicle. (D) Oral consent Consent provided under this paragraph shall be in writing unless— (i) the person providing the consent requests that the consent be made orally; and (ii) the request for consent and the consent are recorded. (E) Consent of vehicle operator If the vehicle operator is not the owner of the vehicle and provides consent under this paragraph, the consent is valid only with respect to covered vehicle data generated during the lawful possession and use of the vehicle by the vehicle operator. (2) Emergency (A) In general An investigative or law enforcement officer, the Attorney General, the Deputy Attorney General, the Associate Attorney General, or the principal prosecuting attorney of any State or subdivision thereof acting pursuant to a statute of that State, may access covered vehicle data if— (i) such officer reasonably determines that an emergency situation exists that— (I) involves immediate danger of death or serious physical injury to any person; and (II) requires access to covered vehicle data before such officer can, with due diligence, obtain a warrant; (ii) there are grounds upon which a warrant could be granted to authorize such access