An Act Concerning Automotive Right to Repair
Maine Legislature, Session 131, LD 1911
Committee Amendment CA_A_H935 (House)
Amends: 29-A MRSA §1801, 29-A MRSA §1810

COMMITTEE AMENDMENT" A" to H.P. 1227, L.D, 1911, "An Act Concerning 
Automotive Right to Repair" 
Amend the bill by striking out everything after the enacting clause and inse1ting the 
following: 
'Sec. 1. 29-A MRSA §1801, sub-§1-A is enacted to read: 
1-A. Dealer, "Dealer" means a person engaged in the business of buying, selling, 
exchanging or offering to negotiate, negotiating or advertising the sale of a motor vehicle 
under a franchise agreement with a manufacturer and that: 
A. Has an established place of business for those purposes in this State; 
i9 
B. Has a current dealer license issued by the Secreta1y of State; and 
C, Is engaged in the diagnosis, service, maintenance or repair of motor vehicles or 
motor vehicle engines under the terms of the franchise agreement. 
Sec. 2. 29-A MRSA §1801, sub-§1-B is enacted to read: 
1-B. Diagnostic and repair information. 
"Diagnostic and repair information" 
includes technical repair updates and diagnostic and repair tools, 
Sec. 3. 29-A MRSA §1801, sub-§2-B is enacted to read: 
2-B. Immobilizer system. "Immobilizer system" means an electronic device designed 
for the sole purpose of preventing the theft of a motor vehicle by preventing the motor 
vehicle in which it is installed from starting without the correct activation or authorization 
code. 
Sec. 4. 29-A MRSA §1801, sub-§2-C is enacted to read: 
2-C. Independent repair facility. "Independent repair facility" means a person that 
is not affiliated with a manufacturer or manufacturer's authorized dealer and that is engaged 
in the diagnosis, service, maintenance or repair of motor vehicles or motor vehicle engines, 
COMMITTEE AMENDMENT 
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- 37 
COMMITTEE AMENDMENT" A" to H.P. 1227, L.D. 19H 
except that "independent repair facility" includes a manufacturer's authorized dealer or 
other entity within a manufacturer's certified repair network when the dealer or other entity 
is engaged in the diagnosis. service, maintenance or repair of a motor vehicle or motor 
vehicle engine that is not affiliated with the manufacturer. 
Sec. 5. 29-A MRSA §1801, sub-§2-D is enacted to read: 
2-D. Manufacturer. "Manufacturer" means a person engaged in the business of 
manufacturing or assembling new motor vehicles that are sold in this State, 
Sec. 6. 29-A MRSA §1801, sub-§2-E is enacted to read: 
2-E. Motor vehicle. "Motor vehicle'' or "vehicle" has the same meaning as in section 
101. subsection 42, except that it does not include a motorcycle, 
Sec. 7. 29-A MRSA §1801, sub-§2-F is enacted to read: 
2-F. Owner. "Owner" means a person or business that owns or leases a motor vehicle 
registered in this State, 
Sec. 8. 29-A MRSA §1801, sub-§6, as enacted by IB 2023, c, 3, §2, is amended to 
read: 
6. Telematics system. "Telematics system" means a system in a motor vehicle that 
collects information. generated by the operation of the vehicle and transmits that 
information using wireless communications to a remote receiving point where the 
information is stored or used, "Telematics system" includes, but is not limited to, any of 
the following services: 
A. Automatic airbag deployment and crash notification; 
B. Remote diagnostics; 
C, Navigation: 
D. Vehicle location: 
E, Remote door unlock; 
F. 
Transmitting emergency and vehicle location information to public safety 
answering points: and 
G. 
Any other service integrating vehicle location technology, wireless 
communications or convenience features in a vehicle, 
Sec. 9. 29-A MRSA §1810, sub-§1, as enacted by IB 2023, c. 3, §3, is amended to 
read: 
1. Access to diagnostic systems. Access to the vehicle on-board diagnostic systems 
of all motor vehicles, including commercial motor vehicles and heavy duty vehicles having 
a gross vehicle weight rating of more than 14,000 pounds, must be standardized and made 
accessible to owners and independent repair facilities and the access may not requfre 
authm"i'liation by the manufacturer, directly or indirectly, unless that authorization is 
standardized across all makes and models of motor vehicles sold in this State and is 
administered by the independent entity described in subsection 2, 
Sec. 10. 29-A MRSA §1810, sub-§2, as enacted by IB 2023, c, 3, §3, is repealed. 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT" A" to H.P. 1227, L.D. 1911 
Sec. 11. 29-A MRSA §1810, sub-§6, as enacted by IB 2023, c. 3, §3, is repealed. 
Sec. 12. 29-A MRSA §1810, sub-§7-A is enacted to read: 
7-A. Applicability to mobile communications, With the exception of telematics 
system diagnostic and repair information that is provided to dealers that is necessaty to 
diagnose and repair a customer's vehicle and that is not otherwise available to an 
independent repair facility by means of the info11nation or tools required by this section, 
this section does not apply to telematics systems or any other remote or information service, 
diagnostic or otherwise, delivered to or derived from a motor vehicle by mobile 
communications. 
Sec. 13. 29-A MRSA §1810, sub-§8, as enacted by IB 2023, c. 3, §3, is repealed. 
Sec. 14. 29-A MRSA §1810, sub-§9 is enacted to read: 
9. 
Enforcement by owner or independent repair facility. 
If an owner or 
independent repair facility believes that a manufacturer has failed to provide diagnostic and 
repair information or a tool required by this section, the owner or independent repair facility 
may notify the manufacturer in writing. A manufacturer that receives a notice under this 
subsection shall provide the diagnostic and repair information no later than the 30th day 
after the date of the notice. If the manufacturer fails to respond to the notice provided, or if 
the owner or independent repair facility is not satisfied with the manufacturer's action in 
response to the notice, the owner or independent repair facility may file a complaint in the 
Superior Court or, if applicable, in the United States District Court for the District of Maine; 
Sec. 15. 29-A MRSA §1810, sub-§10 is enacted to read: 
10. Enforcement by Attorney General. If an owner or independent repair facility 
has reason to believe that a manufacturet· has violated a provision of this section, the owner 
or independent repair facility may notify the Attomey General. The Attomey General may 
bring an action in Superior Coutt for tempora1y or permanent injunctive relief. 
Sec. 16. 29-A MRSA §1810, sub-§11 is enacted to read: 
11. Interpretation. This section may not be construed to: 
A. Abrogate a telematics systems contract or other contract that exists between a 
manufacturer or a service provider and an owner or a dealer; 
B. Require a manufacturer or a dealer to disclose to any person the identity of existing 
customers or customer lists; 
C. Prevent a manufacturer and an owner or independent repair facility that are subject 
to this section from agreeing to the sale of information and tools on any other terms on 
which they agree; 
D. Require a dealer to use a nonproprietary motor vehicle interface; 
E. Prohibit a manufacturet· from developing a proprietaty vehicle diagnostic and 
reprogramming device, as long as the manufactut'er also complies with this section; 
F. Require a manufacturer to divulge anything that constitutes, represents, evidences 
or records inteliectual property, including secret or confidentially held designs, 
processes, procedures, fo1mulas, inventions or improvements; secret or confidentially 
held scientific, technical, merchandising, production, financial, business or 
COMMITTEE AMENDMENT 
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COMMIITEEAMENDMENT"A "toH.P.1227,L.D.1911 
management information: or anything within the definition of "trade secret" in 18 
United States Code. Section 1839(3): 
G. Require a manufacturer to compromise the ·-physical security or cybersecurity of 
any motor vehicle or motor vehicle systems or components: 
H. Abrogate, inteffere with, contradict or alter the terms of any franchise agreement 
executed and in force between a dealer and a manufactul'er before January 5. 2024. 
including. but not limited to, the petformance or provision of wa11'anty or recall repair 
work by a dealer on behalf of a manufacturer pursuant to the franchise agreement. A 
provision in a franchise agreement executed on or after January 5. 2024 that pm:po1ts 
to waive, avoid. restrict or limit a manufacturer's compliance with this section is void 
and unenforceable: or 
I. Require a manufacturer or dealer to provide an owner or independent repair facility 
access to information not related to diagnostics and repair of motor vehicles provided 
by a manufacturer to a dealer or provided by a dealer to a manufacturer pursuant to the 
terms of a franchise agreement.' 
Amend the bill by relettering 01· renumbering any nonconsecutive Prut letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the majority report of the committee, replaces the bill. It 
amends the automotive right to repair law as follows. 
1. It provides additional definitions, 
2, It further defines the types of services that are considered patt of a telematics system. 
3. It removes the provision that provides that manufacturers are not permitted to 
require authorization before providing access to a vehicle's on-board diagnostic systems. 
4. It repeals the provisions establishing and providing enforcement authority to an 
independent entity and establishes pi'ocesses by which independent repafr facilities, owners 
or the Attorney General may enfotce the law against manufacturers. 
5. 
It repeals the provision regarding required equipment for accessing vehicle-
generated data. 
6. It stipulates the limited applicability of the law to mobile communications. 
7. It adds provisions regarding the interpretation of the law. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 03/12/24 feac:.. 
LD 1911 
LR 2523(02) 
An Act Concerning Automotive Right to Repair 
Fiscal Note for Bill as Amended by Committee Amendment 'A," ( r\ -9 3 s-) 
Committee: Innovation, Development, Economic Advancement and Business 
Fiscal Note Required: Yes 
Fiscal Note 
• Minor cost increase - General Fund 
Minor revenue increase - General Fund 
Correctional and Judicial Impact Statements 
This bill may increase the number of civil suits filed in the court system. The additional workload associated with the 
minimal number of new cases filed in the court system does not require additional funding at this time. The collection 
of additional filing fees will increase General Fund revenue by minor amounts. 
LR2523(02) - Fiscal Note - Page 1 of 1