Consumer Protection - Motor Vehicles - Right to Repair
Summary
HB843 would create a new subtitle in Maryland’s Commercial Law Article establishing a motor vehicle “right to repair” framework. It requires manufacturers of covered motor vehicles and heavy-duty vehicles to make available to owners and independent repair facilities the same diagnostic and repair information, tools, and certain wireless-capable repair access that they provide to authorized dealers, on fair and reasonable terms. The bill also addresses proprietary versus nonproprietary interfaces, allows limited exclusions for immobilizer and security-related information, and sets out rules for aftermarket scan tool companies and third-party service information providers.
The bill further requires manufacturers that sell vehicles with telematics systems to install an open data platform in model year 2025 and later vehicles, standardized across makes and models and installed by an independent third party. It also directs the Consumer Protection Division of the Attorney General’s Office to create a consumer document explaining telematics systems and consumer rights, and requires dealers to provide that document at the time of sale. Violations would be treated as unfair, abusive, or deceptive trade practices under Maryland consumer protection law, subject to Title 13 enforcement and penalties.
Impact
HB843 would add a new set of statutory obligations for vehicle manufacturers, dealers, and repair-related businesses under the Commercial Law Article, while also expanding the scope of Maryland’s unfair trade practices law to cover violations of the new motor vehicle repair subtitle. It would create enforceable rights for vehicle owners and independent repair facilities to obtain diagnostic information, repair tools, and certain telematics-related access, and it would authorize private enforcement through existing consumer protection remedies. The bill also preserves trade secret protections, limits interference with franchise agreements, and includes a cure period before litigation in some cases.
Sentiment
The bill’s structure suggests a strong pro-consumer and pro-independent-repair sentiment, with the stated purpose focused on expanding access to repair information and tools and increasing transparency around telematics systems. The absence of recorded committee testimony or votes in the provided materials means there is no documented opposition or support from hearings or roll calls here, but the bill text itself reflects an effort to balance consumer access with manufacturer protections. Overall, the legislation appears designed to advance the right-to-repair policy while preserving certain manufacturer and dealer interests.
Contention
The main points of contention are likely to be the scope of manufacturer disclosure obligations, especially regarding proprietary systems, trade secrets, immobilizer/security information, and telematics access. Manufacturers may object to requirements to provide dealer-level diagnostic tools and open data platforms, while independent repair facilities and consumers would favor broader access and interoperability. Another likely flashpoint is the bill’s treatment of franchise agreements and whether the mandated access requirements could affect dealer-manufacturer contractual arrangements, although the bill expressly says it does not abrogate those agreements and bars waiver of compliance through contract.