AN ACT TO AMEND TITLE 23 OF THE DELAWARE CODE RELATING TO THE DELAWARE MARINE EQUIPMENT RIGHT TO REPAIR ACT.
HB279 creates the Delaware Marine Equipment Right to Repair Act, a right-to-repair framework for marine equipment used on vessels. The bill requires original equipment manufacturers (OEMs) to make available to owners and independent repair providers, on fair and reasonable terms, the documentation, parts, tools, updates, and other information needed to diagnose, maintain, and repair marine equipment. It also prohibits manufacturers from using parts-pairing or similar software mechanisms to block installation of compatible parts, reduce functionality after repair, or create misleading warnings, and it requires access to tools and information needed to reset electronic locks when repairs require it.
The bill defines key terms such as marine equipment, independent repair provider, authorized repair provider, parts, tools, embedded software, and fair and reasonable terms. It also includes limits intended to protect trade secrets, preserve existing authorized repair arrangements, and avoid requiring manufacturers to provide unavailable parts or materials that would violate law. The act would apply only to equipment first manufactured and sold on or after the effective date, and it would take effect six months after enactment.
HB279 would add a new chapter to Title 23 of the Delaware Code governing marine equipment repair access and would give the Attorney General enforcement authority through existing unfair competition, false advertising, and deceptive trade practices remedies under Title 6 if a manufacturer fails to comply. In practice, the bill would expand repair access for boat owners and independent marine repair businesses by requiring OEMs to provide repair information and tools that are currently controlled by manufacturers or their authorized networks, while limiting manufacturer restrictions on parts and software-based repair barriers. It would also preserve certain warranty, recall, trade secret, and anti-theft protections, and it would not apply retroactively to older equipment.
The bill appears to have a generally pro-consumer, pro-competition orientation, consistent with the broader right-to-repair movement. The sponsor list is bipartisan, suggesting cross-party support for expanding repair access in the marine equipment market. No committee transcripts or recorded votes were provided, so there is no direct record here of debate, amendments, or formal support/opposition statements.
The main points of contention likely center on the balance between repair access and manufacturer protections. OEMs may object to mandatory disclosure of documentation, tools, and software-related repair information, especially where it could implicate trade secrets, cybersecurity, anti-theft systems, or proprietary parts-pairing technology. Independent repair providers and owners would favor the bill’s access requirements, while manufacturers and authorized repair networks may be concerned about liability, intellectual property, and the effect on existing service arrangements. The bill attempts to address these concerns by limiting disclosure of trade secrets, preserving authorized repair agreements, and excluding certain anti-theft and unavailable parts obligations.