An Act to Clarify
Maine Legislature, Session 132, LD 1228
Committee Amendment CA_A_H764 (House)
Amends: 5 MRSA §12004-G, 29-A MRSA §1810

COMMITTEE AMENDMENT "A " to H.P. 803, L.D. 1228, "An Act to Clarify 
Cettain Te11ns in the Automotive Right to Repair Laws" 
Amend the bill by striking out the title and substituting the following: 
'An Act to Clarify Certain Terms in and to Make Other Changes to the Automotive 
Right to Repair Laws' 
Amend the bill by inserting before section 1 the following: 
'Sec. 1. 5 MRSA §12004-G, sub-§5-B is enacted to read: 
5-B. 
Commerce 
and Trade 
Motor Vehicle Right to Repair 
Commission 
Not Authorized 
29-AMRSA 
§1810. sub-§2-A 
Amend the bill in section 2 in subsection 1 in the 2nd and 3rd lines (page 2, lines 32 
and 33 in L.D.) by striking out the following: ", ineluding eommereial motor vehicles and 
heavy duty vehieles having a gross vehiele Vleight rating of more than 14,000 pounds," and 
insetting the following: ', including commercial motor vehicles and heavy duty vehicles 
having a gross vehicle weight rating of more than 14,000 pounds,' 
Amend the bill in section 2 in subsection 1 in the last 2 lines (page 2, lines 36 and 37 
in L.D.) by striking out the following: "and is administered by the independent entity 
described in subsection 2" and insetting the following: 'and is administered by the 
independent entity described in subseetion 2' 
Amend the bill in section 3 in subsection 1-A in paragraph C in the first line (page 3, 
line 10 in L.D.) by inserting after the following: "self-propelled vehicle" the following: 
'designed primarily for on-road use' 
Amend the bill by insetting after section 3 the following: 
'Sec. 4. 29-A MRSA §1810, sub-§2, as enacted by IB 2023, c. 3, §3, is repealed.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. 803, L.D. 1228 
Sec. 5. 29-A MRSA §1810, sub-§2-A is enacted to read: 
2-A. Motor Vehicle Right to Repair Commission. This subsection governs the 
composition. activities and duties of the Motor Vehicle Right to Repair Commission. as 
established in Title 5. section 12004-G. subsection 5-B and referred to in this section as 
"the commission. 
A. The commission consists of the following 12 members. appointed by the Governor: 
(1) Three members representing motor vehicle manufacturers. at least one of whom 
must represent an organization of motor vehicle manufacturers and at least one of 
whom must represent a manufacturer ofheayy duty vehicles: 
(2) One member representing aftennarket parts manufacturers: 
(3) One member representing diagnostic tool manufacturers: 
(4) One member representing afte1market pa1is distributors and retailers: 
(5) Three members representing independent repair facilities in the State. at least 
one of whom must be an owner or operator of an independent repair facility 
specializing in automobile repair and at least one of whom must be an owner or 
operator of an independent repair facility specializing in heavy duty vehicle repair; 
(6) One member representing new motor vehicle dealers in the State: 
(7) One member with expe1iise in automotive cybersecurity matters: and 
(8) One member representing the public, who must be a resident of the State and 
who serves as the chair of the commission. 
In making appointments under this paragraph. the Governor may take into 
consideration any nominations for appointments that are timely made by industly 
stakeholders or trade associations. 
B. Members of the commission are appointed to 3-year terms. The commission shall 
meet at least quaiterly but may meet more frequently at the chair's discretion. The 
Attorney General may provide administrative support to the commission. within the 
limits of existing resources. 
C. The commission: 
(1) Shall monitor and assess implementation of and motor vehicle manufacturers' 
compliance with the requirements of this section: 
(2) Shall attempt to informally resolve any complaints from owners and 
independent repair facilities alleging manufacturer noncompliance with the 
requirements of this section. and. if a complaint cannot be resolved info1mally. 
consider whether to refer the matter to the Attorney General for potential 
enforcement action: 
(3) Shall designate one or more technical expe1is with whom the Attorney General 
may consult in assessing enforcement referrals and maintaining enforcement 
actions: and 
(4) May issue recommendations for best practices for manufacturer use in 
providing access to motor vehicle data and may solicit input from stakeholders and 
COMMITTEE AMENDMENT 
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COMMITTEE AMENDMENT «A• to H.P. 803, L.D. 1228 
other interested parties regarding privacy issues associated with the disclosure of 
motor vehicle data. 
D. By January 15, 2026, and annually thereafter, the commission shall submit to the 
Governor, the Attorney General and the joint standing committee of the Legislature 
having jurisdiction over business matters a report outlining the commission's activities 
during the preceding year, describing any implementation or compliance issues relating 
to this section that the commission identified and recommending any changes to this 
section to address implementation, compliance or other identified issues. 
After 
reviewing the report, the joint standing committee may report out legislation relating 
to the report.' 
Amend the bill in section 4 in subsection 3 in the first line (page 3, line 23 in L.D.) by 
striking out the following: "motor vehicles" and inserting the following: 'and later motor 
vehicles; diagnostic repair tools, parts, software and components' 
Amend the bill in section 4 in subsection 3 in the first line (page 3, line 23 in L.D.) by 
inserting after the following: "2002" the following: 'and later' 
Amend the bill in section 4 in subsection 3 in the 3rd line (page 3, line 25 in L.D.) by 
striking out the following: "each manufacturer of motor vehicles sold in this State" and 
inserting the following: 'each manufacturer of motor vehicles sold in this State ~ 
manufacturer' 
Amend the bill in section 4 in subsection 3 in paragraph A in the 5th line (page 3, line 
in L.D.) by striking out the following: "Once a manufacturer" and inserting the 
following: 'Gooe-a A manufacturer that' 
Amend the bill in section 4 in subsection 3 in paragraph A in the 6th line (page 3, line 
in L.D.) by striking out the following: ", the manufacturer is considered to have" and 
inserting the following: ', the manufactut'er is considered to have has' 
Amend the bill in section 4 in subsection 3 in the first blocked paragraph in the 2nd 
line (page 4, line 5 in L.D.) by striking out the following: "included and" and inserting the 
following: 'included and' 
Amend the bill by striking out all of section 5 and inserting the following: 
'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; access to on-board diagnostic and repair 
information system, 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, a manufacturer shall provide access to a vehicle's on-board diagnostic and 
repair infmmation system must be the same for to an owner or an owner-authorized 
independent repair facility to the same extent as that access is provided to a new vehicle 
dealer.' 
Amend the bill in section 6 in subsection 5 in the first line (page 4, line 16 in L.D.) by 
insetting after the following: "vehicles" the following: '; access to on-board diagnostic 
and repair information system' 
Amend the bill in section 6 in subsection 5 in the 2nd and 3rd lines (page 4, lines 17 
and 18 in L.D.) by striking out the following: "including commercial motor vehicles and 
COMMITTEE AMENDMENT 
~0§. 
COMMITTEE AMENDMENT "A' to H.P. 803, L.D. 1228 
heavy duty vehicles having a gross vehicle '\Yeight rating of more than 14,000 pounds," and 
inserting the following: 'including commercial motor vehicles and heavy duty vehicles 
having a gross vehicle weight rating of more than 14,000 pounds, a manufacturer shall 
provide' 
Amend the bill in section 6 in subsection 5 in the 4th line (page 4, line 19 in L.D.) by 
striking out the following: "must be available" and insetting the following: 'must be 
available' 
Amend the bill in section 6 in subsection 5 in the 6th line (page 4, line 21 in L.D.) by 
striking out the following: "vehicle" and inserting the following: 'vehicle' 
Amend the bill in section 6 in subsection 5 in paragraph B in the last line (page 4, line 
in L.D.) by striking out the following: 
11and
and inse1ting the following: 'and or' 
Amend the bill in section 6 in subsection 5 in the first blocked paragraph in the 5th line 
(page 4, line 38 in L.D.) by striking out the following: "included and" and inserting the 
following: 'included and' 
Amend the bill by striking out all of section 7 and inse1ting the following: 
'Sec. 7. 29-A MRSA §1810, sub-§6, as enacted by IB 2023, c. 3, §3, is repealed. 
Sec. 8. 29-A MRSA §1810, sub-§6-A is enacted to read: 
6-A. Telematics system; diagnostic and repair function. Not later than 24 months 
after the effective date of this subsection, a manufacturer that enables its dealers or 
designated motor vehicle repair facilities in the State to perform a diagnostic and repail' 
function on the manufacturer's motor vehicles sold in the State that use a telematics system 
shall make available. on fair and reasonable terms, to an owner of the manufacturer's motor 
vehicle that uses a telematics system or to an owner-authorized independent repair facility 
of the owner's choosing the means to perfo1m the diagnostic and repair function on the 
motor vehicle in a manner commensurate to that offered by the manufacturer to its dealers 
and designated motor vehicle repail' facilities in the State, which must include the capability 
to remotely perform the diagnostic and repair function if the manufacturer enables its 
dealers and designated motor vehicle repair facilities in the State to remotely perfo1m that 
function. 
Sec. 9. 29-A MRSA §1810, sub-§8, as enacted by IB 2023, c. 3, §3, is repealed 
and the following enacted in its place: 
8. Enforcement; civil action. If the commission has reason to believe that a 
manufacturer has violated any provision of this section, the commission shall notify the 
Attomey General of that potential violation. In response to such a referral from the 
commission. or in any other instance in which the Attomey General has reason to believe 
that a manufacturer has violated any provision of this section, the Attomey General may 
institute an action in the Superior Court of any county of the State to enforce the 
requirements of this section. The Attomey General may seek injunctive relief and a civil 
penalty of not more than $10,000 for each violation of this section. 
An owner or owner-authorized independent repair facility that has been denied access by a 
manufacturer to mechanical data in violation of this section may initiate a civil action 
seeking any remedies under law. Each denial of access to an owner or owner-authorized 
COMMITTEE AMENDMENT 
COMMITTEE AMENDMENT •A" to H.P. 803, L.D. 1228 
independent repair facility is compensable by an award of treble damages or $10,000, 
whichever amount is greater.' 
Amend the bill by inserting after section 9 the following: 
'Sec. 10. Staggered terms. Notwithstanding the Maine Revised Statutes, Title 
29-A, section 1810, subsection 2-A, paragraph B, of the members initially appointed to the 
Motor Vehicle Right to Repair Commission, 4 members must be appointed to an initial 
term of one year, 4 members must be appointed to an initial term of 2 years and 4 members 
must be appointed to an initial te1m of 3 years, ' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the majority repo1t of the committee, changes the title of the 
bill, It amends the automotive right to repair law by repealing the provisions of that law 
that established an independent entity and instead establishes the Motor Vehicle Right to 
Repair Commission, which is charged with, among other things, monitoring and assessing 
implementation of and manufacturers' compliance with the requirements of that law. The 
amendment also makes other clarifying changes to the automotive right to repair law, 
including changes regarding the required equipment under that law, access to diagnostic 
and repair functions and enforcement of the law. 
FISCAL NOTE REQUIRED 
(See attached) 
COMMITTEE AMENDMENT 
Approved: 06/02/25 LRL 
LD 1228 
LR 1712(02) 
. An Act to Clarify Certain Terms in the Automotive Right to Repair Laws 
Fiscal Note for Bill as Amended by Committee Amelldment •A• {1--/---/ (o 4) 
Committee: Housing and Economic Development 
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 numb.er of civil suits filed in the court system. The additional workload associated with t 
minimal number of ne~ cases filed in the court system does not require additional funding at this time. The colle.ction 
of additional filing fees will increase General Fund revenue by minor amounts. 
Fiscal Detail and Notes 
Any additional costs to the Office of the Governor from the provisions of this bill are expected to be minor and can be 
absorbed within existing budgeted resources. 
Any additional costs to the Office of the Attorney General related to enforcement are expected to be minor and can be 
absorbed within existing budgeted resources. 
LRl 712(02) - Fiscal Note - Page 1 of 1