HOUSE DOCKET, NO. 5153        FILED ON: 9/18/2018

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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PRESENTED BY:

Paul McMurtry

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To the Honorable Senate and House of Representatives of the Commonwealth of Massachusetts in General
Court assembled:

The undersigned legislators and/or citizens respectfully petition for the adoption of the accompanying bill:

An Act to enhance, update and protect the 2013 Motor Vehicle Right to Repair Law and Consumer Rights.

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PETITION OF:

HOUSE DOCKET, NO. 5153        FILED ON: 9/18/2018

HOUSE  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  No.         

The Commonwealth of Massachusetts

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In the One Hundred and Ninetieth General Court
(2017-2018)

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An Act to enhance, update and protect the 2013 Motor Vehicle Right to Repair Law and Consumer Rights.

Be it enacted by the Senate and House of Representatives in General Court assembled, and by the authority of the same, as follows:
 

Section 1 of Chapter 93K of the General Laws is hereby amended by inserting after the definition of “Manufacturer” the following definition:- “Mechanical Vehicle Data”, any data in a vehicle related to the diagnosis, repair or maintenance of that vehicle.                  

Section 1 of said Chapter 93K is hereby further amended by inserting after the definition “Owner” the following new definition “Telematics System” Any technology that collects, stores or transmits a vehicle’s diagnostic or repair information such as an electronic system in a vehicle that collects and stores information generated by the operation of the vehicle and utilizes wireless communications to transfer that information electronically. Such systems include, but are not limited to, motor vehicle remote diagnostics, automatic airbag deployment and crash notification, navigation, stolen vehicle location, remote door unlock, transmitting emergency and vehicle location information to public safety answering points and any other service integrating vehicle location technology and wireless communications.

Section 2 (d) (1) of said Chapter 93K is hereby amended by inserting at the end thereof the following:-

Access to vehicle on-board diagnostic systems shall be standardized and not require the use of any authorization, directly or indirectly, by the manufacturer.  Manufacturers may utilize an authorization system for access to vehicle networks and their on-board diagnostic systems that is standardized and is administered by an entity unaffiliated with a manufacturer.

Section 3  Said Chapter 93K is hereby further amended by striking Section 2 (f) and inserting in place thereof the following:-

(f) Commencing in model year 2020 and thereafter a manufacturer of motor vehicles sold in the Commonwealth that utilizes a telematics system shall be required to equip such vehicles with an inter-operable, standardized and open access platform capable of securely communicating all mechanical vehicle data in a standardized format accessible by the owner or lessee of the vehicle through a mobile-based application and, upon the authorization of the vehicle owner, accessible by an independent motor vehicle repair facility or other entities for the purposes of maintaining, diagnosing and repairing a motor vehicle.    Authorization by the owner or lessee of a vehicle is required for access to mechanical vehicle data for the purposes of diagnosing, repairing and maintaining a motor vehicle.

Section 4  Section 6(a) of Chapter 93K is hereby amended by adding at the end the following:- A manufacturers’ failure to comply with the requirements of this act shall prohibit a manufacturer from selling new motor vehicles in the Commonwealth until such time as the Attorney General is satisfied that the manufacturer has cured all problems and is in full compliance with this act.