An Act Concerning Automotive Right to Repair
Maine Legislature, Session 131, LD 1911
Committee Amendment CA_A_SA_A_S702 (Senate)
Amends: 29-A MRSA §1810

SENATE AMENDMENT " A " to COMMITTEE AMENDMENT "A" to H.P. 1227,
L.D. 1911, "An Act Concerning Automotive Right to Repair"
Amend the amendment by striking out everything after the first instructional paragraph
and inserting the following:
'See. 1. 29-A MRSA §1810, sub-§l, as enacted by IB 2023,c.3, §3, is amended
to read:
1. Access to diagnostic systems. Access Beginning December 31. 2025. 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 ratmg of more than 14,000
pounds, must be standardized and made accessible to owners and independent repair
facilities and the access may not require authorization 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. 2. 29-A MRSA §1810, sub-§2, as enacted by IB 2023,c. 3, §3, is amended to
read:
2. Independent entity. The By October 31. 2025. the Attorney General shall
designate an independent entity not controlled by one or more motor vehicle manufacturers
to establish and administer access to vehicle-generated data that is available through the
on-board diagnostic system or that is transmitted by the standardized access platform
authorized under this section. The independent entity must consist of one representative
each from a cross section of industry trade groups including but not limited to organizations
representing motor vehicle manufacturers, aftermarket parts manufacturers, aftennarket
parts distributors and retailers, independent motor vehicle service providers and new car
dealers. The independent entity shall manage cyber-secure access to motor vehicle-
generated data, including ensuring on an ongoing basis that access to the on-board
diagnostic system and standardized access platform is secure based on all applicable United
States and international standards. The mdependent entity shall;
A. Identify and adopt relevant standards for implementation of this section and
7 relevant provisions for accreditation and certification of organizations and for a system
8 for monitoring policy compliance;
SENATE AMENDMENT
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SENATE AMENDMENT"/! " to COMMITTEE AMENDMENT "A" to H.P. 1227, L.D. 1911 [S-'7o2.
B. Monitor and develop policies for the evolving use and availability of data generated
by the operations of motor vehicles; and
C. Create policies for compliance with relevant laws, regulations, standards,
technologies and best practices related to access to motor vehicle data.
Sec. 3. 29-A MRSA §1810, sub-§6, as enacted by IB 2023,c.3, §3, is amended to
read:
6. Required equipment. Not later than one yoar from the effective date of this section
Beginning December 31, 2025, a manufacturer of motor vehicles sold in this State,
mcluding commercial motor vehicles and heavy duty vehicles having a gross vehicle
weight rating of more than 14,000 pounds, that uses a telematics system is required to equip
vehicles sold in this State with an inter-operable, standardized and owner-authorized access
platform across all of the manufacturer's makes and models. The platform must be capable
of securely communicating all mechanical data emanating directly from the motor vehicle
via direct data connection to the platform. The platform must be directly accessible by the
motor vehicle owner through a mobile-based application and, upon the authorization of the
owner, all mechanical data must be directly accessible by an independent repair facility or
a licensed dealer as described in section 851, subsections 2 and 9, limited to the tune to
complete the repair or for a period of time agreed to by the motor vehicle owner for the
purposes of maintaining, diagnosing and repairing the motor vehicle. Access must include
the ability to send commands to in-vehicle components if needed for purposes of
maintenance, diagnostics and repair. All parts, tools, software and other components
necessary to complete a full repair of the vehicle, as referenced in this subsection, must be
included and provided to motor vehicle owners and authorized independent repair shops.
Sec. 4. 29-A MRSA §1810, sub-§8, as enacted by D3 2023,c.3,§3, is amended to
read:
8. Enforcement. If the Attorney General or the independent entity described by
subsection 2 has reason to believe that a manufacturer has violated any provision of this
section, th@ independent entity shall notify the Attorney General. The the Attorney General
shall promptly institute any actions or proceedings the Attorney General considers
appropriate. The independent entity, through the Attorney General, or the Attorney
General acting on the Attorney General's own initiative may apply to the Superior Court of
any county of the State to enforce any lawful order made or action taken by the independent
entity pursuant to this section.
A motor vehicle owner or independent repair facility authorized by an owner who has been
denied access to mechanical data in violation of this section may initiate a civil action
seekmg any remedies under law. Each denial of access is compensable by an award of
treble damages or $10,000, whichever amount is greater.
8 Sec. 5. Automotive right to repair working group. The Attorney General shall
convene a working group to develop recommendations for legislation to implement an
automotive right to repair that ensures consumers have access to a competitive marketplace
of repair options when seeking vehicle service, which must include access to all diagnostic
and repair data, including telematics data, necessary to diagnose and complete a proper
repair.
Page2-131LR2523(06)
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SENATE AMENDMENT"^ " to COMMITTEE AMENDMENT "A" to H.P, 1227, L.D. 1911 (^-
1. The Attorney General or the Attorney General's designee shall participate in the
working group and shall invite the participation in the working group of the following
additional members:
A. The Secretary of State or the Secretary of State's designee;
B. Two members representing motor vehicle manufacturers, at least one of whom
represents an organization of motor vehicle manufacturers;
C. Two members representing afltermarket parts manufacturers, distributors or
retailers, at least one of whom represents an organization dedicated solely to
representing aftermarket parts manufacturers, distributors or retailers;
D. Two members representing collision repair facilities, at least one of whom
represents a national organization dedicated solely to representing the interests of
collision repairers;
E. Three members representing independent repair facilities, 2 of whom operate or are
employed by a mechanical repau- facility located in the State and one of whom
represents a national organization dedicated to representing independent repairers;
F. One member representing new motor vehicle dealers;
G. One member representing a consumer advocacy organization; and
H, One member representing a data privacy advocacy organization.
Members of the working group serve without compensation. The Office of the Attorney
General shall provide necessary staffing services to the working group.
2. The working group shall develop recommendations for legislation implementing an
automotive right to repair that ensures a consumer and independent repairer have access to
all data, including telematics data, necessary to effectuate a repair and for amending the
requirements of the Mame Revised Statutes, Title 29-A, section 1810. In developing
recommendations, the working group shall:
A. Examme the vehicle repair marketplace to ensure a wide range of repair options
when seeking vehicle service, which must include access to all diagnostic and repair
data, includmg telematics data, necessary to diagnose and complete a proper repair;
B. Examine best practices for vehicle cybersecurity, including through review of
federal guidance or regulations from the United States Department of Transportation,
National Highway Traffic Safety Administration;
C. Examine the role of data privacy laws, including any laws enacted during the 131st
Legislature, in protecting consumer data, includmg vehicle data;
D. Examine consumer protection enforcement mechanisms to ensure vehicle
5 manufacturer compliance with automotive right to repair access; and
E. Examine any relevant judicial action on vehicle repair and vehicle data, including
the final disposition of Alliance for Automotive Innovation v. Andrea Joy Campbell, if
issued.
3. On or before February 14, 2025, the Attorney General shall submit to the joint
standing committee of the Legislature having jurisdiction over innovation, development,
economic advancement and business matters a report containing the fmdings and
recommendations of the workmg group under this section. After reviewing the report, the
committee may report out legislation relating to the report to the 132nd Legislature in 2025.'
SENATE AMENDMENT
RO S SENATE AMENDMENT " [\ " to COMMITTEE AMENDMENT "A" to H.P. 1227, L.D. 1911 ^-^^
Amend the amendment by relettering or renumbering any nonconsecutive Part letter or
section number to read consecutively.
SUMMARY
This amendment replaces Committee Amendment "A". The amendment delays certain
provisions of the automotive right to repair laws. It also directs the Attorney General to
convene a working group to develop recommendations for legislation to implement an
automotive right to repair that ensures consumers and independent repairers have access to
all necessary data. The working group must also develop recommendations for amending
the current automotive right to repair laws.
SPONSORED BY:
(Senator CURRY, C.)
COUNTY: Waldo
FISCAL NOTE REQUIRED
(See attached)
SENATE AMENDMENT