The Maine Automotive Right to Repair Working Group is suggesting consideration of potential amendments to state law to mitigate any risks associated with remotely sending commands to vehicles for maintenance, diagnostic and repair purposes.
“There was consensus [in the working group] that some commands sent to vehicles for maintenance, diagnosis and repairs when physically present at a vehicle could pose safety risks when sent to the vehicle remotely,” states a draft report by the working group, released Jan. 14. “The commission may want to consider whether amendments to the law are necessary to mitigate these risks.”
Following a ballot initiative approved by 84% of Maine voters in November 2023, the working group is preparing to send the Maine Legislature by the end of February a report outlining the framework for an independent entity, or commission, to govern the transmission of vehicle data from original equipment manufacturers to independent shops for repair purposes.
The draft report -- which has gone through three revisions since the working group started convening in August -- also newly notes the working group’s intent to steer clear of recommending specific compliance standards.
The working group expects the forthcoming enforcement entity “will itself assess its need for authority to develop specific standards for compliance as part of its report addressing compliance issues,” according to the draft report. The report also strikes previous language covering bonding for independent repair facilities, disclosure of the extent of warranty protections for repairs, customer notifications regarding whether technicians are manufacturer-certified, and disclosures to customers of whether OEM parts are used in repairs.
Further, the report notes that working group members representing aftermarket parts distributors and retailers, independent shops and aftermarket parts manufacturers oppose an assertion by Tesla and the Alliance of Automotive Innovation that certain telematics requirements of the November 2023-passed ballot initiative be postponed until “one year after any amendments.”
“They contend that automobile manufacturers had ample opportunity to have discussions with the Maine Attorney General’s office and stakeholders to discuss any perceived uncertainties regarding what manufacturers must do to comply with the law,” the draft report states. “They also contend that manufacturers are currently technologically capable of complying with the law.”
The telematics requirements technically took effect Jan. 5, applying to vehicles sold in Maine after that date, though the working group is still crafting recommendations for how the law should be implemented and enforced.
The law stipulates that vehicles sold in Maine that use telematics systems must have an interoperable, standardized and owner-authorized “access platform” across all makes and models.
The enacted ballot initiative states that no later than Jan. 5, car owners must be able to access vehicle repair and diagnostic data via a mobile-based application. Upon owner authorization, the law also states that independent repair shops and licensed dealers must be able to access “all mechanical data,” limited to the time to complete the repair or for a period allowed by the vehicle owner for the purposes of maintaining, diagnosing and repairing the car.
The report draft also indicates a divergence between manufacturers and repair shops/aftermarket parts distributors in terms of whether heavy-duty vehicles should be subject to forthcoming right-to-repair regulations.
Tesla has recommended the Maine Legislature consider excluding commercial and heavy-duty vehicles from the law, while working group members representing independent shops and the aftermarket industry said these types of vehicles should fall under the future right to repair framework, according to the draft.
“They point out that there was testimony that owners and independent repair facilities would benefit from access to diagnostic and repair information and that the working group has recommended that a representative of a heavy duty vehicle manufacturer and an owner or operator of a heavy duty vehicle independent repair facility be appointed to the commission to address any issues unique to heavy duty vehicles,” the draft report states.
LKQ Corp., which sells alternative and specialty parts to repair and accessorize vehicles, wrote to the working group that it is “just as important” that owners of heavy-duty trucks have a choice in where and how they repair their vehicles -- akin to light-duty vehicle owners.
The draft report currently recommends the yet-to-be-formed enforcement commission include at least one member who is an owner or operator of an independent repair shop specializing in heavy-duty vehicles, and at least one member representing a heavy-duty vehicle manufacturer.
The working group learned heavy-duty vehicles differ from automobiles regarding how they’re manufactured, assembled, used, owned and repaired, the draft states.
Further, the working group recommends the future commission include a member of the public who is a Maine resident.
Stakeholders Chime In
The working group collected public comments on its forthcoming right to repair law recommendations through Jan. 3. Those comments varied widely, including on the implementation date of the telematics provisions.
The Truck and Engine Manufacturers Association (EMA) argued implementation of the telematics requirements should be postponed until the state legislature adopts amendments to those provisions.
Any changes to telematics provisions in the Maine law are generally expected to be made after the Maine Legislature has had a chance to review the recommendations the working group intends to send by Feb. 28.
LKQ Corp. and the Maine Auto Recyclers Association (MARA) commented the working group should uphold the Jan. 5 implementation date outlined in the November 2023-passed ballot initiative.
“[T]hey should not have to wait because some groups did not prepare for the inevitable date of implementation,” LKQ Corp. Government Affairs Manager Andreas Hess wrote in his comments to the working group.
MARA supported the working group’s proposal to add a member of the heavy-duty vehicle sector to the future right-to-repair commission, and advocated maintaining the Jan. 5 implementation date.
In its comments, MARA wrote it has approximately 50 members, including “virtually all” of Maine’s larger auto recycling firms, which supply used parts to independent repair facilities and vehicle owners who repair their own cars in Maine.
MARA Executive Director Bill Bell wrote in comments that he recognized an “inherent conflict” between the ballot initiative’s implementation date of Jan. 5 and the Feb. 28 date that a subsequent law, L.D. 2289, stipulates the working group must send its legislative recommendations to the Maine legislature.
“However, this conflict could have been avoided had the entities now requesting postponement approached the previous Maine Legislature in the same cooperative manner which they have brought to the current Working Group,” Bell wrote.
EMA differed from LKQ Corp. and MARA in terms of the vehicles the regulations should cover and the implementation date.
“[W]e request that the Automotive Working Group recommend that enforcement of the Maine Automobile Right to Repair Law should be held in abeyance at least until the amendments that the Working Group has recommended are adopted by the Maine legislature,” EMA representative Patricia Hanz wrote in a letter to the working group.
The Jan. 5 implementation of the law would’ve caused confusion and disruptions in the use, operation, and availability of commercial vehicles throughout Maine, Hanz wrote.
“[W]hile the Maine Attorney General’s Office has opined that Section 6 of the law is ‘self-executing,’ there are literally hundreds of other issues impacting the regulated community that have yet to be resolved, many of which are dependent on the pending amendments of the law,” she added.
Maine’s right to repair regulations should not include heavy-duty vehicles, because of the “significant differences” between passenger and medium- and heavy-duty vehicle markets, Hanz wrote.
The Auto Care Association (ACA), in its public comments, fired salvos at the auto manufacturers on the working group for apparent deliberate attempts to delay implantation of the ballot initiative, citing a March 2024 New York Times story covering ostensible practices by General Motors to share vehicle owners’ data to insurance companies without the owners’ consent.
“What should be clear from the manufacturers’ arguments is their steadfast refusal to comply with or even attempt to comply with the Maine right to repair law,” ACA Senior Vice President of Government Affairs and General Counsel Lisa Foshee wrote. “These actions, which would be misleading enough standing alone, are particularly hypocritical considering the extensive amount of data manufacturers collected during this same period and shared with third parties for profit.”
Foshee suggested the Maine Attorney General’s Office -- which is overseeing implementation of right to repair provisions in the state -- reject recommendations to delay the implementation date, and omit heavy-duty vehicles from the law.
In public comments, Maine Democratic state Rep. Tiffany Roberts highlighted potential preemption issues that the forthcoming Maine proposal could face. She particularly noted the pending Federal Repair Act, which she said emphasizes standardized access platforms, privacy safeguards and federal oversight, “areas where Maine’s law is vague or silent.”
Roberts also underscored existing federal mandates, including National Highway Traffic Safety Administration (NHTSA) mandates that instruct access to telematics to be designed with “robust cybersecurity protections” to prevent unauthorized access.
“Maine’s law lacks these essential safeguards, creating potential conflicts,” she wrote.
The working group should recommend delay of telematics provisions until an analysis can determine whether telematics access is “genuinely necessary for repairs” and should clarify key definitions like “independent repair facility” before submitting its final report to the Maine Legislature in February, Roberts wrote.
She also recommended the working group engage with NHTSA, the U.S. Bureau of Industry and Security, and the Federal Trade Commission to ensure Maine’s right to repair regulations complement, rather than conflict with, national guidelines.
“Without clearer guidance, stronger protections, and alignment with federal standards, the law risks creating more problems than it solves,” Roberts wrote, “for consumers, manufacturers, and repair facilities alike.”
Brian Bradley