An Act To Provide Vehicle Owners and Repair Facilities Access to Vehicle Diagnostic and Repair Information and Equipment
Maine Legislature, Session 126, LD 0788
Committee: Transportation
Sponsors: AYOTTE, JACKSON, CRAY, DAVIS, DOAK, JOHNSON, LONG, NADEAU, THOMAS, YOUNGBLOOD
Amends: 29-A MRSA §1810

Legislative Document 
No. 788 
H.P. 539 
House of Representatives, February 28, 2013 
An Act To Provide Vehicle Owners and Repair Facilities Access to 
Vehicle Diagnostic and Repair Information and Equipment 
Reference to the Committee on Transportation suggested and ordered printed. 
MILLICENT M. MacFARLAND 
Clerk 
Presented by Representative AYOTTE of Caswell. 
Cosponsored by Senator JACKSON of Aroostook and 
Representatives: CRAY of Palmyra, DAVIS of Sangerville, DOAK of Columbia Falls, 
JOHNSON of Greenville, LONG of Sherman, NADEAU of Fort Kent, Senators: THOMAS of 
Somerset, YOUNGBLOOD of Penobscot. 
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.