Consumer Protection - Right to Repair - Powered Wheelchairs
SB 382 creates a new “Powered Wheelchairs Repair” subtitle in Maryland’s Commercial Law Article to expand right-to-repair protections for powered wheelchairs. It requires manufacturers doing business in the state to make available, on fair and reasonable terms and costs, the documentation, parts, embedded software, firmware, and tools needed by independent repair providers or owners to diagnose, maintain, and repair powered wheelchairs. The bill also defines key terms such as manufacturer, owner, independent repair provider, embedded software, firmware, and tools, and it limits the law’s scope to certain wheelchair components, including batteries, chargers, joysticks, wheel assemblies, anti-tip devices, armrests, caster spheres, cosmetic shrouding, and nonpowered leg lowers.
The bill also addresses security-related features by requiring manufacturers to provide the materials needed to reset electric security locks or similar functions when those features are disabled during repair. It preserves trade secret protections by allowing redactions and exempting unavailable parts or disclosures that would require revealing trade secrets, while clarifying that manufacturers are not liable for faulty repairs performed by independent providers or owners. The bill further states that its requirements cannot be waived by contract and that violations are treated as unfair, abusive, or deceptive trade practices enforceable under Title 13 of the Commercial Law Article. It applies prospectively beginning October 1, 2025.
The overall sentiment around the bill appears strongly favorable. The Senate passed the bill on third reading by a unanimous 46-0 vote, and the committee report was favorable with amendments, indicating broad support with some refinement rather than opposition. No committee transcript was provided, so there is no recorded floor or committee debate to suggest significant controversy in the available materials.
The main points of potential contention are the usual right-to-repair issues: how broadly manufacturers must share repair materials, whether providing software and tools could expose proprietary information, and how to balance consumer access with trade secret protections and security concerns. The bill attempts to address those concerns by limiting the covered components, allowing redactions, excluding trade secrets, and preserving manufacturer protections against liability for third-party repairs. The prospective-only clause also suggests an effort to avoid disrupting existing repair contracts.
SB 382 amends Maryland’s Commercial Law Article by adding a new Subtitle 50 governing powered wheelchair repair and by adding violations of that subtitle to the state’s unfair, abusive, or deceptive trade practices law. It creates enforceable obligations for manufacturers to provide repair documentation, parts, software, firmware, and tools to independent repair providers and owners on fair and reasonable terms, while also setting exceptions for unavailable parts, trade secrets, and certain security-related features. The bill gives the Attorney General and other enforcement mechanisms under Title 13 a basis to pursue violations, and it makes the new requirements nonwaivable by contract.
The available voting history shows clear, bipartisan or at least broad legislative support: the Senate passed SB 382 on third reading 46-0. The committee report was favorable with amendments, suggesting the bill was viewed positively but was refined to address implementation details. Because no committee transcript is available, there is no direct record of debate, but the unanimous vote indicates little visible opposition in the chamber.
The likely areas of contention are the balance between consumer repair access and manufacturer control over proprietary systems. Manufacturers may be concerned about compelled disclosure of documentation, embedded software, firmware, and tools, especially where security locks or trade secrets are involved, while disability advocates, consumers, and independent repair providers are likely to support broader access to repairs for powered wheelchairs. The bill responds to these concerns by limiting the covered parts, allowing trade secret redactions, excluding unavailable parts, and shielding manufacturers from liability for improper third-party repairs.