An Act To Provide Vehicle Owners and Repair Facilities Access to Vehicle Diagnostic and Repair Information and Equipment
Be it enacted by the People of the State of Maine as follows:
Sec. 1. 29-A MRSA §1810 is enacted to read:
§ 1810. Motor vehicle diagnostic and repair information and equipment
1. Motor vehicle diagnostic and repair information. A motor vehicle manufacturer, as defined in Title 10, section 1171, subsection 10, shall make available to an owner of a motor vehicle manufactured by the manufacturer or an independent repair facility in the State diagnostic and repair information, including technical updates, for motor vehicles manufactured by the manufacturer. The diagnostic and repair information must be in electronic form and include the same content, be in the same form and be accessible in the same manner as is the information the manufacturer provides to the manufacturer’s dealers and authorized repair facilities. The manufacturer shall make the diagnostic and repair information available to an owner of a motor vehicle manufactured by the manufacturer or an independent repair facility on an hourly, daily, monthly and yearly subscription basis, for not more than fair market value and on terms that do not unfairly favor the manufacturer’s dealers or authorized repair facilities.
2. Motor vehicle diagnostic and repair equipment. A motor vehicle manufacturer, as defined in Title 10, section 1171, subsection 10, shall make available to an owner of a motor vehicle manufactured by the manufacturer or an independent repair facility in the State diagnostic and repair equipment for motor vehicles manufactured by the manufacturer, incorporating the same diagnostic, repair and wireless capabilities as equipment the manufacturer provides to the manufacturer’s dealers or authorized repair facilities. The manufacturer shall make the equipment available to an owner of a motor vehicle manufactured by the manufacturer or an independent repair facility for no more than fair market value and on terms that do not unfairly favor the manufacturer’s dealers or authorized repair facilities.
3. Nonproprietary access to on-board diagnostic and repair information. Commencing with model year 2015, a motor vehicle manufacturer, as defined in Title 10, section 1171, subsection 10, shall provide access to diagnostic and repair information pursuant to subsection 1 for motor vehicles manufactured by the manufacturer through a nonproprietary vehicle interface as required by the United States Environmental Protection Agency pursuant to 40 Code of Federal Regulations, Section 86.1808-01(f) (2005) or successor federal requirement. A motor vehicle manufacturer’s vehicle interface must provide the same diagnostic and repair information, including technical updates, that the manufacturer makes available to the manufacturer’s dealers or authorized repair facilities. The diagnostic and repair information must be in electronic form and include the same content, be in the same form and be accessible in the same manner as is the information the manufacturer provides to the manufacturer’s dealers or authorized repair facilities.
4. Exceptions. The provisions of this section do not apply to:
A. A trade secret or proprietary information;
B. Information or equipment protected by an agreement made by a motor vehicle manufacturer, as defined in Title 10, section 1171, subsection 10, that is in effect upon the effective date of this section; or
C. Information necessary to reset a vehicle antitheft device that prevents a vehicle from being operated without a correct key code unless the information can be made available on a secure data transmission system.
5. Agreement prohibiting availability of information or equipment. On or after the effective date of this section, a motor vehicle manufacturer, as defined in Title 10, section 1171, subsection 10, may not enter into an agreement that prohibits, waives or limits the manufacturer's compliance with this section.
6. Violation. A violation of this section is an unfair trade practice under Title 5, chapter 10.
summary
This bill requires motor vehicle manufacturers to make available to owners of the manufacturer's motor vehicles and independent motor vehicle repair facilities diagnostic and repair information and equipment at no more than fair market value and in a way that does not unfairly favor the manufacturer’s dealers and authorized repair facilities.