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Massachusetts House - 2009 Right to Repair Bill

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SECTION ANALYSIS

Section 1

Preamble to bill provides background information and reasons for enactment of legislation.

Section 2

Defines various important terms referenced in the legislation.

Section 3

Requires car manufacturers to provide all repair information necessary for the diagnosis, service, and repair of the vehicle to vehicle owners and independent repair shops.  All repair information provided to new car repair facilities must be provided to consumers and independent repairers.  Car manufacturers must also provide aftermarket tool companies sufficient data to replicate car manufacturers so called diagnostic scanning tools.  These tools are essential to obtaining repair information codes via a consumers on board vehicle computer system.

Repair information includes diagnostic codes, software capabilities, including wireless.

Section 4

Car manufacturers are protected from providing information that is deemed a trade secret.  However, repair information provided by the car manufacturers to an authorized dealership is by definition not deemed a trade secret.

Section 5

Provides a legal right of action to vehicle owners and independent repairers against car manufacturers when a violation of this act arises.  In addition, vehicle owners and independent repairers can bring a notice of complaint for violations of the Act to the Attorney General who may hold a hearing on the complaint.  Entities in violation of the Act maybe fined and the Attorney General may institute a civil action for non-compliance.

Section 6

The Act applies to vehicles manufactured after model year 1994.