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MA H184

MA H184
To reconcile Chapter 241 and Chapter 368 of the Acts of 2012


summary

Introduced
01/22/2013
In Committee
01/22/2013
Crossed Over
Passed
Dead
08/01/2014

Introduced Session

188th General Court

Bill Summary

Relative to making corrective changes to the "Right to Repair" law, so-called. Consumer Protection and Professional Licensure.

AI Summary

This bill aims to clarify and reconcile existing laws concerning the "Right to Repair" for motor vehicles, specifically addressing information and tools needed for diagnosis, service, and repair. It mandates that manufacturers of motor vehicles sold in the Commonwealth must make the same diagnostic and repair information, including technical updates, available to vehicle owners and independent repair facilities as they provide to their authorized dealers. This information must be accessible through the manufacturer's internet-based systems on a subscription basis, under "fair and reasonable terms," which are defined by considering factors like the cost to manufacturers, prices charged by other manufacturers, and affordability for independent shops. The bill also requires manufacturers to make diagnostic repair tools with similar capabilities available to owners and independent repair facilities on fair and reasonable terms, and specifies that starting with Model Year 2018, access to onboard diagnostic and repair information should be possible using standard personal computers and non-proprietary vehicle interface devices, though manufacturers can still offer proprietary tools under certain conditions. Importantly, manufacturers are not required to divulge trade secrets, and the bill clarifies that it does not override existing franchise agreements or laws like Chapter 93B, except where franchise agreements attempt to waive compliance with this new chapter. Violations are considered unfair and deceptive trade practices, and the bill outlines a process for owners and independent repair facilities to notify manufacturers of non-compliance and pursue legal action if issues are not resolved.

Committee Categories

Labor and Employment

Sponsors (5)

Last Action

Accompanied a new draft, see H3757 (on 11/12/2013)

bill text


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