Be it enacted by the People of the State of Maine as follows:
Sec. 1. 29-A MRSA §1801, sub-§2-A is enacted to read:
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.
Sec. 2. 29-A MRSA §1801, sub-§6 is enacted to read:
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.
Sec. 3. 29-A MRSA §1810 is enacted to read:
§1810. Right to repair
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.
2. Independent entity. 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, aftermarket 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
independent entity shall:
A. Identify and adopt relevant standards for implementation of this section and
relevant provisions for accreditation and certification of organizations and for a system
for monitoring policy compliance;
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.
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.
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.
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; andC. 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.
6. Required equipment. Not later than one year from the effective date of this section,
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 interoperable, 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.
7. Exclusions. Manufacturers of motor vehicles sold in the United States may exclude
diagnostic, service and repair information necessary to reset an immobilizer system or
security-related electronic modules from information provided to motor vehicle owners and
independent repair facilities. If excluded under this subsection, the information necessary
to reset an immobilizer system or security-related electronic modules must be made
available to motor vehicle owners and independent repair facilities through the secure data
release model system as used on the effective date of this section by the National
Automotive Service Task Force or other known, reliable and accepted systems.
8. Enforcement. If the independent entity described by subsection 2 has reason to
believe that a manufacturer has violated any provision of this section, the independent
entity shall notify the Attorney General. The Attorney General shall promptly institute any
actions or proceedings the Attorney General considers appropriate. The independent entity,
through the Attorney General, 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
seeking any remedies under law. Each denial of access is compensable by an award of
treble damages or $10,000, whichever amount is greater.
Sec. 4. 29-A MRSA §1811 is enacted to read:
§1811. Telematics system notice
1. Notice. The Attorney General shall establish for prospective motor vehicle owners
a motor vehicle telematics system notice that includes, but is not limited to, the following
features:
A. An explanation of telematics systems and their purposes;
B. A description summarizing the mechanical data collected, stored and transmitted
by a telematics system;
C. The prospective motor vehicle owner's ability to access the vehicle's mechanical
data through a mobile device; and
D. A motor vehicle owner's right to authorize an independent repair facility to access
the vehicle's mechanical data for vehicle diagnostics, repair and maintenance purposes.
2. Notice form. The notice form must provide for the prospective motor vehicle
owner's signature certifying that the prospective owner has read the telematics system
notice under subsection 1.
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.