#Maine #RightToRepair Law Poised to Remain in Flux Even After January 2025 Effective Date
December 19, 2024
"The Automotive Right to Repair Working Group convened by the Maine Attorney General will review proposed legislation that would substantially amend provisions of the Maine Right to Repair Law concerning access to mechanical data from #telematics-equipped vehicles. Meanwhile, it appears provisions of the law requiring manufacturers of vehicles that 'use a telematics system” to comply with standards imposed by an “independent entity' designated by the Attorney General will take effect on January 5, 2025, even though neither the 'independent entity' nor standards for telematics systems will exist by that date.
"In November 2023, Maine voters approved a ballot initiative to require that, within one year of the effective date, vehicles using a telematics system sold in that state be equipped with an interoperable, standardized, and owner-authorized access platform across all of the manufacturer's makes and models. The statute requires that this platform be able to 'securely communicate' all 'mechanical data' emanating from the vehicle; make this data 'directly accessible' by the vehicle owner through a mobile-based application; and, upon authorization of the vehicle owner, 'all mechanical data must be directly accessible by an independent repair facility.' The statute gives vehicle owners and independent repair facilities denied access to mechanical data a private right of action to recover treble damages or $10,000, whichever is greater.
"The ballot initiative further requires the Attorney General to designate an 'independent entity' to 'establish and administer' access to vehicle-generated data that is transmitted by a 'standardized access platform.' The 'independent entity' is empowered to refer violations to the Attorney General, who in turn can 'institute an action' to 'enforce' the law, although no remedy for such a violation is defined in the statute. The requirements for telematics-equipped vehicles are supposed to take effect January 5, 2025—one year after the effective date of the ballot initiative—but to date the Maine Attorney General has not designated an 'independent entity' to develop standards or otherwise regulate data access platforms."
https://www.jdsupra.com/legalnews/maine-right-to-repair-law-poised-to-3403488/
#BigAuto #RightToRepair #RightToRepairMovement #SolarPunkSunday
