Maryland 2025 Regular Session

Maryland House Bill HB0031

Caption

Police Discipline - Order to Show Cause

Summary

HB0031 creates a new “Powered Wheelchairs Repair” subtitle in Maryland’s Commercial Law Article and expands the state’s right-to-repair framework to cover powered wheelchairs. The bill requires manufacturers doing business in Maryland to make available, on fair and reasonable terms and costs, the documentation, parts, embedded software, firmware, and tools needed for independent repair providers or owners to diagnose, maintain, and repair powered wheelchairs. It also defines key terms such as manufacturer, independent repair provider, owner, parts, tools, firmware, and embedded software, and specifies that the covered equipment is a motorized wheeled device designed for use by a person with a physical disability. The bill applies only to certain wheelchair components and related systems, including batteries, chargers, joysticks, wheel assemblies, anti-tip devices, armrests, caster spheres, cosmetic shrouding, and nonpowered leg lowers. It also requires access to materials needed to reset security locks or other security-related functions when those are disabled during repair. At the same time, the bill preserves trade secret protections, allows redactions that do not reduce usability, and excludes parts no longer available from the original manufacturer. Manufacturers are not made liable for faulty repairs performed by independent providers or owners. In state law, the bill adds a new unfair trade practice violation for failing to comply with the powered wheelchair repair requirements, making violations enforceable under Maryland’s consumer protection laws and subject to the penalties and remedies in Title 13 of the Commercial Law Article. The bill also states that its requirements cannot be waived or limited by contract and applies prospectively only, without affecting contracts executed before the effective date. The act takes effect October 1, 2025. The general sentiment reflected by the bill’s structure is supportive of repair access and consumer autonomy, especially for people who rely on powered wheelchairs for mobility and daily functioning. Although no committee transcript or vote record is provided here, the enacted language suggests a policy choice to improve repair access while balancing manufacturer concerns about trade secrets, security features, and liability. The bill appears designed to reduce repair barriers rather than to impose broad new regulatory burdens beyond the repair-access obligation. The main points of contention likely involve the scope of manufacturer disclosure, the treatment of embedded software and firmware, and how far trade secret protections should extend. Manufacturers may be concerned about intellectual property, cybersecurity, and exposure to liability, while consumers, wheelchair users, and independent repair providers would favor broader access to parts and repair information. The bill addresses these tensions by limiting the covered components, allowing secure release systems, and preserving trade secret protections where possible.

Impact

HB0031 amends Maryland’s Commercial Law Article by adding Subtitle 50, creating a specific right-to-repair regime for powered wheelchairs. It requires manufacturers to provide independent repair providers and owners with necessary repair information, parts, software, firmware, and tools on fair and reasonable terms, and it makes noncompliance an unfair, abusive, or deceptive trade practice enforceable under Maryland consumer protection law. The bill also limits contractual waivers, preserves certain trade secret protections, and clarifies that manufacturers are not liable for improper repairs performed by others.

Sentiment

The bill’s overall sentiment is favorable toward repair access and consumer choice, particularly for people with disabilities who depend on powered wheelchairs. The statutory design shows an attempt to balance that access with manufacturer concerns about trade secrets, security features, and liability. No vote tally or committee testimony is provided, but the enacted law indicates sufficient legislative support for a targeted right-to-repair expansion.

Contention

Likely areas of contention are the extent of required disclosure, especially for embedded software, firmware, and diagnostic tools, and whether manufacturers should be compelled to share materials that may implicate trade secrets or cybersecurity. Manufacturers may also object to the fair-and-reasonable-terms standard and the prohibition on contractual limits, while independent repair providers and wheelchair users would likely support broader access and lower repair barriers. The bill narrows these disputes by excluding unavailable parts, allowing redactions, and permitting secure release systems.

Companion Bills

No companion bills found.

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