An Act Concerning Automotive Right to Repair (AFTER DEADLINE)
Maine Legislature, Session 131, LD 1911
Committee: Innovation, Development, Economic Advancement and Business
Sponsors: WHITE, FARRIN, DUCHARME, MASON, O'CONNELL, WILLIAMS, STEWART

Legislative Document
No. 1911
H.P. 1227
House of Representatives, May 9, 2023
An Act Concerning Automotive Right to Repair
(AFTER DEADLINE)
Approved for introduction by a majority of the Legislative Council pursuant to Joint Rule 
205.
Reference to the Committee on Innovation, Development, Economic Advancement and 
Business suggested and ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative WHITE of Waterville.
Cosponsored by Senator FARRIN of Somerset and
Representatives: DUCHARME of Madison, MASON of Lisbon, O'CONNELL of Brewer, 
WILLIAMS of Bar Harbor, Senator: STEWART of Aroostook.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  29-A MRSA c. 15, sub-c. 2-A is enacted to read:
SUBCHAPTER 2-A
AUTOMOTIVE RIGHT TO REPAIR
§1821.  Short title
This subchapter may be known and cited as "the Automotive Right to Repair Act."
§1822.  Definitions
1. Automobile.  "Automobile" has the same meaning as in section 101, subsection 7, 
but does not include:
A. A motor vehicle with a gross vehicle weight over 14,000 pounds; or 
B. A recreational vehicle or a motor vehicle originally designed or permanently altered 
and equipped for human habitation that is not used to transport property other than that 
property used for human habitation or camping purposes.
2.  Dealer.  "Dealer" means a person engaged in the business of buying, selling, 
exchanging or offering to negotiate, negotiating or advertising the sale of an automobile 
under a franchise agreement with a manufacturer and who:
A. Has an established place of business for those purposes in this State; 
B. Has a current dealer license issued by the Secretary of State; and
C.  Is engaged in the diagnosis, service, maintenance or repair of automobiles or 
automobile engines under the terms of the franchise agreement.
3. Diagnostic and repair information.  "Diagnostic and repair information" includes 
technical repair updates and diagnostic and repair tools.
4. Franchise agreement.  "Franchise agreement" means a written arrangement for a 
definite or indefinite period in which a manufacturer grants to a dealer a license to use a 
trade name, service mark or related characteristic.
5. Immobilizer system.  "Immobilizer system" means an electronic device designed 
for the sole purpose of preventing the theft of an automobile by preventing the automobile 
in which it is installed from starting without the correct activation or authorization code.
6. 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 automobiles or automobile engines.
7. Manufacturer.  "Manufacturer" means a person engaged in the business of 
manufacturing or assembling new automobiles that are sold in this State.
8. Owner.  "Owner" means a person or business that owns or leases an automobile 
registered in the State.
9. Telematics services.  "Telematics services" includes, but is not limited to, any of 
the following:
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.
§1823.  Fair and reasonable terms
In determining whether an agreement regarding diagnostic and repair information 
affected by this subchapter is on fair and reasonable terms, consideration may be given to 
relevant factors, including, but not limited to:
1. Net cost.  The net cost to the manufacturer's dealerships under a franchise agreement 
for similar diagnostic and repair information obtained from manufacturers, less any 
discounts, rebates or other incentive programs;
2. Cost to manufacturer.  The cost to the manufacturer for preparing and distributing 
the diagnostic and repair information, excluding any research and development costs 
incurred in designing and implementing, upgrading or altering the on-board computer and 
related software or any other vehicle part or component and amortized capital costs for the 
preparation and distribution of the diagnostic and repair information;
3. Similar prices.  The price charged by other manufacturers for similar diagnostic and 
repair information, including the price charged by a manufacturer for similar diagnostic 
and repair information before the launch of manufacturer websites;
4. Affordability.  The ability of aftermarket technicians or shops to afford the 
diagnostic and repair information;
5. Means of distribution.  The means by which the diagnostic and repair information 
is distributed;
6. Use of diagnostic and repair information.  The extent to which the diagnostic and 
repair information is used, including the number of users and the frequency, duration and 
volume of use; and
7. Inflation.  The effect of inflation.
§1824.  Diagnostic and repair information for model years 2002-2017
The following provisions apply to manufacturers of automobiles produced in model 
years 2002-2017.
1. Provision of diagnostic and repair information.  A manufacturer shall make 
available for purchase by owners of automobiles manufactured by that manufacturer and 
by independent repair facilities the same diagnostic and repair information that the 
manufacturer makes available to its dealers through the manufacturer's Internet-based 
diagnostic and repair information system or other electronically accessible manufacturer's 
diagnostic and repair information system. The manufacturer shall make the content in the 
manufacturer's diagnostic and repair information system available to owners and to 
independent repair facilities in the same form and manner and to the same extent as it is 
made available to dealers using the diagnostic and repair information system. A 
manufacturer shall provide access to the manufacturer's diagnostic and repair information 
system for purchase by owners and independent repair facilities on a daily, monthly and 
yearly subscription basis and on fair and reasonable terms.
2. Aftermarket and 3rd-party services.  A manufacturer shall provide diagnostic and 
repair information to each aftermarket scan tool company and each 3rd-party service 
information provider with whom the manufacturer has appropriate licensing, contractual 
or confidentiality agreements for the sole purpose of building aftermarket diagnostic tools 
and 3rd-party service information publications and systems. Once a manufacturer makes 
the diagnostic and repair information available as provided by this subsection, the 
manufacturer is considered to have satisfied the requirements of this section and is not 
responsible for the content and functionality of aftermarket diagnostic tools or service 
information systems.
§1825.  Diagnostic and repair information for model years 2018 and later
The following provisions apply to manufacturers of automobiles produced in model 
years 2018 and later.
1. On-board diagnostic and repair information system.  A manufacturer shall 
provide access to the same on-board diagnostic and repair information system available to 
dealers, including technical updates to such on-board systems, using an off-the-shelf 
personal computer with sufficient memory, processor speed, connectivity and other 
capabilities as specified by the manufacturer and:
A.  A nonproprietary automobile interface device that complies with the most updated 
version of SAE International standard J2534, commonly referred to as SAE J2534, the 
International Organization for Standardization standard 22900, commonly referred to 
as ISO 22900, or any successor to SAE J2534 or ISO 22900 as may be accepted or 
published by SAE International or the International Organization for Standardization;
B. An on-board diagnostic and repair information system integrated and entirely self-
contained within the automobile, including, but not limited to, service information 
systems integrated into an on-board display; or
C. A system that provides direct access to on-board diagnostic and repair information 
through a nonproprietary automobile interface, including ethernet, universal serial bus 
or digital versatile disc.
§1826.  Customer service campaigns and recalls
A manufacturer may make proprietary tools, software or over-the-air software updates 
available exclusively to dealers if the tools, software or over-the-air software updates are 
for a specific specialized diagnostic or repair procedure developed for the sole purpose of:
1. Customer service campaign.  A customer service campaign meeting the 
requirements set out in 49 Code of Federal Regulations, Section 579.5; or
2.  Technical service bulletin.  Performance of a specific technical service bulletin or 
recall after the automobile was produced, if the original automobile design was not 
originally intended for direct interface through a nonproprietary automobile interface 
including ethernet, universal serial bus or digital versatile disc. 
Provision of proprietary tools, software or over-the-air software updates under this 
section do not constitute a violation of this subchapter even if the proprietary tools, software 
or over-the-air software updates provide functions not available through the system 
required by section 1825 as long as the proprietary tools, software or over-the-air software 
updates are also available to the aftermarket upon fair and reasonable terms. 
§1827.  Exception for immobilizer system and security-related electronic modules
A manufacturer may exclude information necessary to reset an immobilizer system or 
security-related electronic modules from diagnostic and repair information provided to 
owners and independent repair facilities. If excluded under this section, the information 
necessary to reset an immobilizer system or security-related electronic modules must be 
able to be obtained by owners and independent repair facilities through the secure data 
release model system used by the National Automotive Service Task Force or other known, 
reliable and accepted system.
§1828.  Applicability to mobile communications
With the exception of telematics services diagnostic and repair information that is 
provided to dealers that is necessary to diagnose and repair a customer's vehicle and that is 
not otherwise available to an independent repair facility by means of the information or 
tools required by this subchapter, this subchapter does not apply to telematics services or 
any other remote or information service, diagnostic or otherwise, delivered to or derived 
from an automobile by mobile communications.
§1829.  Interpretation
This subchapter may not be construed to:
1. Telematics services.  Abrogate a telematics services or other contract that exists 
between a manufacturer or service provider and an owner or a dealer;
2. Identity disclosure.  Require a manufacturer or a dealer to disclose to any person 
the identity of existing customers or customer lists;
3. Other agreements.  Prevent a manufacturer and an owner or independent repair 
facility that are subject to this subchapter from agreeing to the sale of information and tools 
on any other terms on which they agree;
4. Interface.  Require a dealer to use a nonproprietary automobile interface;
5. Device development.  Prohibit a manufacturer from developing a proprietary 
vehicle diagnostic and reprogramming device, as long as the manufacturer also complies 
with this subchapter and the manufacturer makes this device available to independent repair 
facilities on fair and reasonable terms;
6. Trade secrets.  Require a manufacturer to divulge anything that constitutes, 
represents, evidences or records intellectual property including secret or confidentially held 
designs, processes, procedures, formulas, inventions or improvements, secret or 
confidentially held scientific, technical, merchandising, production, financial, business or 
management information or anything within the definition of "trade secret" in 18 United 
States Code, Section 1839(3);
7. Physical or cyber security.  Require a manufacturer to compromise the physical or 
cyber security of any automobile or automobile systems or components;
8. Prior agreements.  Abrogate, interfere with, contradict or alter the terms of any 
franchise agreement executed and in force between a dealer and a manufacturer on the 
effective date of this subchapter, including, but not limited to, the performance or provision 
of warranty 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 the effective 
date of this subchapter that purports to waive, avoid, restrict or limit a manufacturer's 
compliance with this subchapter is void and unenforceable; or
9. Information not related to diagnostics and repair of automobiles.  Require a 
manufacturer or dealer to provide an owner or independent repair facility access to 
information not related to diagnostics and repair of automobiles provided by a 
manufacturer to a dealer or provided by a dealer to a manufacturer pursuant to the terms of 
a franchise agreement.
§1830.  Enforcement
1. Independent repair facility or owner.  If an independent repair facility or owner 
believes that a manufacturer has failed to provide diagnostic and repair information or a 
tool required by this subchapter, the independent repair facility or owner 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 independent 
repair facility or owner is not satisfied with the manufacturer's action in response to the 
notice, the independent repair facility or owner may file a complaint in the Superior Court 
or, if applicable, in the United States District Court for the District of Maine.
2. Attorney General.  If an independent repair facility or owner has reason to believe 
that a manufacturer has violated a provision of this subchapter, the independent repair 
facility or owner may notify the Attorney General. The Attorney General may bring an 
action in Superior Court for temporary or permanent injunctive relief.
SUMMARY
This bill is intended to be a competing measure to the Initiated Bill, "An Act Regarding 
Automotive Right to Repair."
This bill requires a manufacturer of automobiles to make available for purchase, by the 
owner of an automobile and independent repair facilities, the same diagnostic and repair 
information, including technical updates, that the manufacturer makes available to its 
dealers through an online or other electronically accessible manufacturer diagnostic and 
repair information system. The bill provides specific requirements for the availability of 
diagnostic and repair information related to specific model year vehicles. It also provides 
for enforcement by civil action or by the Attorney General through injunctive relief.