An Act to Support
Maine Legislature, Session 132, LD 1394
Committee Amendment CA_A_H763 (House)
Amends: 29-A MRSA §1801, 29-A MRSA §1810

COMMITTEE AMENDMENT "A" to H.P. 916, L.D. 1394, "An Act to Support 
Maine's Electric Vehicle Adoption Goals by Providing an Exclusion for Electric Vehicles 
from Certain Requirements of the Right to Repair Law" 
Amend the bill by striking out the title and substituting the following: 
'An Act to Clarify Certain Terms in the Automotive Right to Repair Laws' 
Amend the bill by striking out everything after the enacting clause and inserting the 
following: 
'Sec. 1. 29-A MRSA §1801, as amended by IB 2023, c. 3, §§1 and 2, is fmther 
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 info1mation
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 ce1tified 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. 
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COMMITTEE AMENDMENT ,;4-,, to H.P. 916, L.D. 1394 
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 goveming 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 enc1yption 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 invento1y. 
6. Telematics system. "Telematics system" means a system in a motor vehicle that 
collects infmmation generated by the operation of the vehicle and transmits that 
info1mation 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; 
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COMMITTEE AMENDMENT 'A" to H.P. 916, L.D. 1394 
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-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 Secretaty 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 designed primarily for on-road use 
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-te1rnin 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.' 
Amend the bill by relettering or renumbering any nonconsecutive Part letter or section 
number to read consecutively. 
SUMMARY 
This amendment, which is the minority report of the committee, replaces the bill and 
changes the title. The amendment makes additions and clarifying changes to the definitions 
applicable to the automotive right to repair laws. 
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