The forthcoming oversight group for Maine right to repair regulations is set to serve a strictly advisory role, and to neither have control over vehicle-generated data nor enforce standards. That was among the recommendations included in the final report of the Maine Automotive Right to Repair Working Group, released Feb. 25.
The working group is submitting the final report and draft legislation to the Maine State Legislature’s Joint Standing Committee on Housing and Economic Development by close of business Feb. 28.
After that, the committee “may then report out” right to repair legislation this year, based on the recommendations, the final report said.
The committee “has been made aware of” the report, but hasn’t yet scheduled any related hearings or work sessions, committee spokesperson Al Blum wrote in an email.
The group met 10 times before its likely final meeting on Feb. 12. Members unanimously voted during the brief meeting to send the working group’s final report and legislative recommendations to the abovementioned committee by close of business on Feb. 28.
“I want to thank everyone for sticking this thing out,” Maine Chief Deputy Attorney General Christopher Taub said during the final session. “I know it's taking away from your work, and we tried to get this done as efficiently as possible. I'm sure we could have done it more efficiently, and if we ever have to do this again, we'll look at best practices.”
While the legislative working group is anticipated to disband following the submission of the final report and statutory recommendations, the draft legislation charts the creation of a regulatory oversight group, referenced in the report as an “independent entity.”
The report recommends assigning that body with four “major responsibilities”:
· Monitoring and “assessing” implementation of Maine right to repair regulations, including manufacturers’ compliance with legal requirements;
· Prerogative to informally resolve any complaints from owners and independent repair facilities alleging manufacturer violations of the law, and to refer disputes to the Maine Attorney General for enforcement action if necessary;
· Selection of at least one technical expert with whom the Maine Attorney General may confer in deciding enforcement action; and,
· Drafting a yearly report to Maine’s legislature, governor and attorney general, describing its activities the previous year. The yearly report would highlight any encountered implementation or compliance issues, and recommend statutory amendments to provide the group with more authority to address such issues.
“One basis for the working group’s recommendation that the commission be advisory is the working group’s consensus that, at least initially, motor vehicle manufacturers should decide for themselves the manner in which they will provide access to all mechanical data emanating directly from the vehicle in compliance with the statute,” the final report stated.
The final report also highlights a disagreement between working group members representing Tesla on one side, and members representing independent repair shops and the automotive aftermarket on the other side.
Specifically, Tesla proposed the legislature consider drafting a provision stating data “access must include the ability to receive data and send commands to in-vehicle components if needed for purposes of maintenance, diagnostics, and repair and that the manufacturer makes available to its authorized repair shops.”
Tesla has said this will mitigate potential risks of remotely sending commands to vehicles, and will ensure a level playing field for various repair facilities, according to the final report.
Independent repair shop and aftermarket representatives contend that language proposed by Tesla is “ambiguous” and could bear on car owners’ ability to access maintenance, diagnostic and repair data. Those representatives cautioned legislators against drafting such language without understanding the potential impacts on the distribution of vehicle data.
The final report preserved the working group’s addition of language in a Feb. 7 draft, proposing that the forthcoming oversight body should include one member representing diagnostic tool manufacturers, three members representing specifically “Maine” independent repair facilities, and one member representing specifically “Maine” new vehicle dealers.
Previous drafts of the report already stipulated that the independent entity include three members representing vehicle manufacturers, one member representing aftermarket parts manufacturers, one member representing aftermarket distributors and retailers, one expert in “automotive cyber-security matters,” and one Maine resident representing the public.
The final report maintained that language.
Brian Bradley