An Act to Clarify Certain Terms in the Automotive Right to Repair
Maine Legislature, Session 132, LD 1228
Committee: Housing and Economic Development
Sponsors: ROBERTS
Amends: 29-A MRSA §1801, 29-A MRSA §1810, 29-A MRSA §1811

Legislative Document
No. 1228
H.P. 803
House of Representatives, March 25, 2025
An Act to Clarify Certain Terms in the Automotive Right to Repair 
Laws
Reference to the Committee on Housing and Economic Development suggested and 
ordered printed.
ROBERT B. HUNT
Clerk
Presented by Representative ROBERTS of South Berwick.
Cosponsored by Representatives: COLLAMORE of Pittsfield, CROCKETT of Portland, 
GOLEK of Harpswell, MINGO of Calais, WALKER of Naples, Senators: GUERIN of 
Penobscot, RAFFERTY of York.
Be it enacted by the People of the State of Maine as follows:
Sec. 1.  29-A MRSA §1801, as amended by IB 2023, c. 3, §§1 and 2, is further 
amended to read:
§1801.  Definitions
As used in this subchapter, unless the context otherwise indicates, the following terms 
have the following meanings.
1.  Customer.  "Customer" means a person, including, but not limited to, an agent, who 
contracts with a repair facility for repair of a motor vehicle.
1-A.  Diagnostic and repair information.  "Diagnostic and repair information" means 
the electronic messages transmitted between a diagnostic scan tool and an electronic 
control unit on board a motor vehicle for the purpose of performing diagnosis, tests and 
repairs of the vehicle.
1-B.  Independent repair facility.  "Independent repair facility" means a person or 
business operated in accordance with the laws of the State 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, 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.
2.  Flat rate.  "Flat rate" means a method of calculating charges for labor that is based 
on the specific repair done and not on the amount of time actually spent on that repair.
2-A.  Mechanical data.  "Mechanical data" means any vehicle-specific data, including 
telematics system data, generated by, stored in or transmitted by a motor vehicle and used 
in the diagnosis, repair or maintenance of a motor vehicle.
2-B.  Mobile-based application.  "Mobile-based application" means software 
designed for mobile devices that facilitates access to motor vehicle telematics system or 
diagnostic and repair information.
2-C.  Owner-authorized.  "Owner-authorized" means that an owner has provided 
explicit consent for accessing or sharing motor vehicle data for a specified amount of time 
and scope of access in compliance with applicable laws governing privacy and data sharing, 
including but not limited to the federal Driver's Privacy Protection Act of 1994, 18 United 
States Code, Sections 2721 to 2725 (2000).
2-D.  Platform, access platform and standardized access platform.  "Platform," 
"access platform" and "standardized access platform" mean technology to facilitate the 
delivery of motor vehicle data.
2-E.  Reliable and accepted systems.  "Reliable and accepted systems" means systems 
that have been validated under regulatory standards, tested for reliability and safety and 
standardized for use in diagnostics and vehicle repairs.
3.  Repair.  "Repair" means the examination, maintenance, servicing, adjustment, 
improvement, replacement, removal or installation of a part of a motor vehicle, including, 
but not limited to, body work, painting and incidental services such as storage and towing, 
and excluding the sale of motor fuel.
4.  Repair facility.  "Repair facility" means a motor vehicle repair facility offering 
services to the general public for compensation.
4-A.  Securely communicating.  "Securely communicating" means communicating 
data using encryption or secure data transmission protocols to protect owner privacy and 
prevent unauthorized access to data.
4-B.  Service information.  "Service information" means diagnosis, service and repair 
information and procedures, technical service bulletins, troubleshooting guides, wiring 
diagrams and training materials useful for self-study outside a manufacturer's training 
classroom.
5.  Shop supplies.  "Shop supplies" means small parts and materials used or consumed 
in the process of repair, including, but not limited to, nuts and bolts, electrical wire, rags, 
tape, brake cleaners and other items maintained as inventory.
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. 2.  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 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. 3.  29-A MRSA §1810, sub-§1-A is enacted to read:
1-A.  Definitions.  As used in this section, unless the context otherwise indicates, the 
following terms have the following meanings.
A.  "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:
(1)  Has an established place of business for those purposes in this State;
(2)  Has a current dealer license issued by the Secretary of State; and
(3)  Is engaged in the diagnosis, service, maintenance or repair of motor vehicles 
or motor vehicle engines under the terms of the franchise agreement.
B.  "Manufacturer" means a person engaged in the business of manufacturing or 
assembling new motor vehicles that are sold in this State.
C.  "Motor vehicle" means a self-propelled vehicle that has a seating capacity of not 
more than 15 persons, including the operator, and is not operated exclusively on 
railroad tracks. "Motor vehicle" does not include:  
(1) A vehicle used primarily for commercial purposes; 
(2) A motorcycle; 
(3) A snowmobile as defined in Title 12, section 13001, subsection 25; 
(4) An all-terrain vehicle as defined in Title 12, section 13001, subsection 3; or
(5) A motorized wheelchair, an electric personal assistive mobility device or an 
electric bicycle. 
D.  "Owner" means a person or business that owns or leases a motor vehicle registered 
in this State.
Sec. 4.  29-A MRSA §1810, sub-§3, as enacted by IB 2023, c. 3, §3, is amended to 
read:
3.  Model year 2002 motor vehicles.  For model year 2002 motor vehicles, including 
commercial motor vehicles and heavy duty vehicles having a gross vehicle weight rating 
of more than 14,000 pounds, each manufacturer of motor vehicles sold in this State shall 
make available for purchase under fair and reasonable terms by owners and independent 
repair facilities all diagnostic repair tools, parts, software and components incorporating 
the same diagnostic, functional repair and wireless capabilities that the manufacturer makes 
available to its authorized repair shops.  Each manufacturer shall:
A.  Provide diagnostic 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 information available pursuant to this 
paragraph, the manufacturer is considered to have satisfied its obligations under this 
paragraph and thereafter is not responsible for the content and functionality of 
aftermarket diagnostic tools or service information systems;
B.  Make available for purchase by owners of motor vehicles and by independent repair 
facilities the same diagnostic and repair information, including repair technical 
updates, that the manufacturer makes available to its authorized repair shops through 
the manufacturer's Internet-based diagnostic and repair information system; and
C.  Provide access to the manufacturer's diagnostic and repair information system for 
purchase by owners of motor vehicles and independent repair facilities on a daily, 
monthly and yearly subscription basis and upon fair and reasonable terms.  
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 owners of motor 
vehicles and authorized independent repair shops.
Sec. 5.  29-A MRSA §1810, sub-§4, as enacted by IB 2023, c. 3, §3, is amended to 
read:
4.  Model year 2002-2017 motor vehicles.  For model year 2002-2017 motor vehicles, 
including commercial motor vehicles and heavy duty vehicles having a gross vehicle 
weight rating of more than 14,000 pounds, access to a vehicle's on-board diagnostic and 
repair information system must be the same for an owner or an independent repair facility 
as that provided to a new vehicle dealer.
Sec. 6.  29-A MRSA §1810, sub-§5, as enacted by IB 2023, c. 3, §3, is amended to 
read:
5.  Model year 2018 and later motor vehicles.  For model year 2018 and later motor 
vehicles, including commercial motor vehicles and heavy duty vehicles having a gross 
vehicle weight rating of more than 14,000 pounds, access to the on-board diagnostic and 
repair information system must be available through use of an off-the-shelf personal 
computer with sufficient memory, processor speed, connectivity and other capabilities as 
specified by the vehicle manufacturer and:
A.  A nonproprietary vehicle interface device that complies with SAE International 
standard J2534, SAE International standard J1939, commonly referred to as SAE 
J2534 and SAE J1939, the International Organization for Standardization standard 
22900, commonly referred to as ISO 22900, or any successor to SAE J2534, SAE 
J1939 or ISO 22900 as may be accepted or published by SAE International or the 
International Organization for Standardization, as appropriate;
B.  An on-board diagnostic and repair information system integrated into and entirely 
self-contained within the vehicle, including, but not limited to, service information 
systems integrated into an on-board display; and
C.  A system that provides direct access to on-board diagnostic and repair information 
through a nonproprietary vehicle interface, such as ethernet, universal serial bus or 
digital versatile disc.
Each manufacturer shall provide access to the same on-board diagnostic and repair 
information available to their dealers, including technical updates to such on-board 
systems, through such nonproprietary interfaces as referenced in this subsection. All parts, 
tools, software and other components necessary to complete a full repair of a vehicle, as 
referenced in this subsection, must be included and provided to motor vehicle owners and 
authorized independent repair shops.
Sec. 7.  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 year from the effective date of this section 
January 5, 2025, a manufacturer of motor vehicles sold in this State, including 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 time 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. 8.  29-A MRSA §1811, sub-§3, as enacted by IB 2023, c. 3, §4, is amended to 
read:
3.  Provision of notice.  When selling or leasing motor vehicles containing a telematics 
system, a dealer as defined in section 851, subsection 2 and a new vehicle dealer as defined 
in section 851, subsection 9 shall provide the telematics system notice under subsection 1 
to the prospective owner, obtain the prospective owner's signed certification that the 
prospective owner has read the notice and provide a copy of the signed notice to the 
prospective owner. A dealer's failure to comply with the provisions of this subsection is 
grounds for any action by the licensing authority relative to the dealer's license, up to and 
including revocation.
Sec. 9.  29-A MRSA §1811, as enacted by IB 2023, c. 3, §4, is amended by enacting 
at the end a new paragraph to read:
As used in this section, "dealer," "motor vehicle" and "owner" have the same meanings 
as provided in section 1810, subsection 1-A.
SUMMARY
This bill adds and clarifies definitions for terms contained within the automotive right 
to repair laws enacted by Initiated Bill 2023, chapter 3.
The bill reduces the applicability of the automotive right to repair laws to a narrower 
class of vehicles. Under the bill, motor vehicles subject to the right to repair provisions 
enacted by Initiated Bill 2023, chapter 3 are self-propelled vehicles, not exclusively 
operated on railroad tracks, that have a seating capacity of not more than 15 persons, 
including the operator. The bill specifies that the following types of vehicles are not subject 
to the provisions enacted by Initiated Bill 2023, chapter 3: vehicles used primarily for 
commercial purposes; motorcycles; snowmobiles; all-terrain vehicles and motorized 
wheelchairs, electric personal assistive mobility devices or electric bicycles.