A group representing vehicle manufacturers recently filed a lawsuit to prevent key parts of Maine’s 2023-enacted right to repair law from being enforced.
Filing in the U.S. District Court for the District of Maine, the Alliance for Automotive Innovation claimed that compliance with a November 2023 ballot measure passed by 84% of Maine’s voters is “impossible,” as the law is apparently “unconstitutionally vague,” violates due process, and harms vehicle manufacturers.
The group is seeking to delay enforcement of provisions that require auto manufacturers to provide independent repair shops with standard, direct access to on-board diagnostic systems of all vehicle makes and models, upon authorization by the car owner.
That law took effect on Jan. 5.
The law also calls for the Maine Attorney General to create an independent entity to “establish and administer” access to vehicle-generated data available through the on-board vehicle diagnostic system or sent via a standardized access platform, to ensure access to such data is continuously secure, and to develop policies and procedures for data transmission.
The Alliance for Automotive Innovation’s complaint said the Maine Attorney General must designate an independent entity that starts administering access to the standardized data platform before the group’s members “even attempt” to comply with the law’s access requirements.
“This is an example of putting the cart before the horse,” the group said in a Jan. 31 statement. “Before automakers can comply, the law requires the attorney general to first establish an ‘independent entity’ to securely administer access to vehicle data. The independent entity hasn’t been established. That’s not in dispute. Compliance with the law right now is not possible.”
Tasked with developing legislative recommendations for formation, implementation and enforcement of right to repair regulations in Maine, a working group led by the Office of the Maine Attorney General has met eight times since late August. Follow-up legislation related to Maine’s data law mandated creation of the working group, which includes representatives from the repair, aftermarket, vehicle manufacturer and vehicle dealer sectors, in addition to consumer and data privacy advocates.
The group’s final suggestions, including for establishment of an independent entity, are due to the state legislature by Feb. 28.
In an interview with Autobody News, Maine Right to Repair Coalition Director Tommy Hickey challenged the lawsuit’s claim that an independent entity needs to be formed prior to implementation of the November 2023 Data Law.
Hickey noted that while he interprets the Data Law as being currently enforceable, the statute outlines the entity as “separate and distinct” from auto manufacturers’ duties for compliance.
“The law is pretty clear. It says if you are a manufacturer in the state of Maine and you have a car with telematic systems, you better be able to get that information to car owners. This entity was another part of the law,” Hickey added. “They try to tie the two up, and we don't read it that way. It was not intended to be written that way. And we see it as an excuse to not comply with the law.”
The November law states that for each denial of data access, vehicle manufacturers could be responsible for a penalty of up to $10,000 or treble damages, whichever is greater.
The lawsuit states Maine Attorney General Aaron Frey has taken a position that the requirement for establishment of a standardized and owner-authorized data platform is effective and enforceable against the Alliance for Automotive Innovation’s members as of Jan. 5.
The alliance declined to respond to Autobody News’ questions seeking clarity on whether the Attorney General’s Office had directly communicated this position to the group; whether the group was aware of any fines levied against manufacturers or dealerships for noncompliance; and whether it expects the future independent entity would serve as an enforcement body.
Brian Bradley