EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb1193*
HOUSE BILL 1193
I3, R7 3lr2223
By: Delegate Hornberger
Introduced and read first time: February 10, 2023
Assigned to: Economic Matters
A BILL ENTITLED
AN ACT concerning 1
Consumer Protection – Motor Vehicles – Right to Repair 2
FOR the purpose of requiring a manufacturer of certain motor vehicles to provide certain 3
information and tools related to the diagnosis, service, and repair of motor vehicles 4
to certain owners and independent repair facilities under certain circumstances; 5
requiring a manufacturer that sells motor vehicles with telematics systems to install 6
an open data platform in certain motor vehicles; requiring the Consumer Protection 7
Division of the Office of the Attorney General to develop a certain document relating 8
to telematics systems and certain consumer rights; requiring a manufacturer to give 9
certain consumers a certain document during a certain time in the purchase of 10
certain motor vehicles; and generally relating to the right to repair motor vehicles. 11
BY repealing and reenacting, with amendments, 12
Article – Commercial Law 13
Section 13–301(14)(xxxv) 14
Annotated Code of Maryland 15
(2013 Replacement Volume and 2022 Supplement) 16
BY repealing and reenacting, without amendments, 17
Article – Commercial Law 18
Section 13–301(14)(xxxvi) 19
Annotated Code of Maryland 20
(2013 Replacement Volume and 2022 Supplement) 21
BY adding to 22
Article – Commercial Law 23
Section 13–301(14)(xxxvii); and 14–4501 through 14–4509 to be under the new 24
subtitle “Subtitle 45. Motor Vehicle Repair” 25
Annotated Code of Maryland 26
(2013 Replacement Volume and 2022 Supplement) 27
2 HOUSE BILL 1193
SECTION 1. BE IT ENACTED BY THE GENERAL ASSEMBLY OF MARYLAND, 1
That the Laws of Maryland read as follows: 2
Article – Commercial Law 3
13–301. 4
Unfair, abusive, or deceptive trade practices include any: 5
(14) Violation of a provision of: 6
(xxxv) Section 11–210 of the Education Article; [or] 7
(xxxvi) Title 14, Subtitle 44 of this article; or 8
(XXXVII) TITLE 14, SUBTITLE 45 OF THIS ARTICLE; OR 9
SUBTITLE 45. MOTOR VEHICLE REPAIR. 10
14–4501. 11
(A) IN THIS SUBTITLE THE FOLLOWING WORDS HAVE THE MEANINGS 12
INDICATED. 13
(B) “DEALER” HAS THE MEANING STAT ED IN § 11–111 OF THE 14
TRANSPORTATION ARTICLE. 15
(C) “FRANCHISE AGREEMENT ” MEANS A N ORAL OR WRITTEN 16
ARRANGEMENT IN WHICH : 17
(1) A MANUFACTURER GRANTS A LICENSE TO A DEALE R TO USE A 18
TRADE NAME , SERVICE MARK , OR RELATED CHARACTER ISTIC; AND 19
(2) THERE IS A COMMUNITY OF INTEREST IN THE M ARKETING OF NEW 20
MOTOR VEHICLES OR RELATED SERVICES AT WHOLESALE , RETAIL, LEASING, OR 21
OTHERWISE. 22
(D) “HEAVY DUTY VEHICLE ” MEANS A VEHICLE HAVING A G ROSS VEHICLE 23
WEIGHT RATING OF MOR E THAN 14,000 POUNDS. 24
(E) “IMMOBILIZER SYSTEM ” MEANS AN ELECTRONIC DEVICE DESIGNED 25
FOR THE SOLE PURPOSE OF PREVENTING THE TH EFT OF A MOTOR VEHIC LE BY 26
PREVENTING THE MOTOR VEHICLE IN WHICH IT IS INSTALLED FROM ST ARTING 27
WITHOUT THE CORRECT ACTIVATION OR AUTHOR IZATION CODE. 28 HOUSE BILL 1193 3
(F) (1) “INDEPENDENT REPAIR FACILITY” MEANS A PERSON THAT IS NOT 1
AFFILIATED WITH A MA NUFACTURER OR A MANUFACTURER ’S AUTHORIZED DEALER 2
THAT DIAGNOSES, SERVICES, MAINTAINS, OR REPAIRS MOTOR VEH ICLES OR MOTOR 3
VEHICLE ENGINES . 4
(2) “INDEPENDENT REPAIR FA CILITY” INCLUDES A DEALER WH EN 5
THE DEALER DIAGNOSES, SERVICES, MAINTAINS, OR REPAIRS MOTOR VEH ICLES OR 6
MOTOR VEHICLE ENGINE S THAT ARE NOT AFFIL IATED WITH THE DEALE R’S 7
FRANCHISE MANUFACTUR ER. 8
(G) “MANUFACTURER ” HAS THE MEANING STAT ED IN § 11–132 OF THE 9
TRANSPORTATION ARTICLE. 10
(H) “MOTOR VEHICLE ” HAS THE MEANING STAT ED IN § 11–135 OF THE 11
TRANSPORTATION ARTICLE. 12
(I) “OWNER” MEANS A PERSON THAT OWNS OR LEASES A MOT OR VEHICLE 13
REGISTERED IN THE STATE. 14
(J) (1) “TELEMATICS INFORMATION ” MEANS INFORMATION GE NERATED 15
AND COLLECTED BY THE OPERATION OF THE VEH ICLE AND TRANSMITTED BY USING 16
WIRELESS COMMUNICATI ONS TO A REMOTE RECE IVING POINT WHERE THE 17
INFORMATION IS STORED. 18
(2) “TELEMATICS INFORMATION ” INCLUDES: 19
(I) REMOTE DIAGNOSTICS IN FORMATION; 20
(II) AUTOMATIC AIRBAG DEPL OYMENT AN D C RASH 21
NOTIFICATIONS ; 22
(III) STOLEN VEHICLE LOCATI ONS; 23
(IV) NAVIGATION INFORMATIO N; 24
(V) REMOTE DOOR UNLOCK ; 25
(VI) TRANSMISSION OF EMERGENCY AND VEHICL E LOCATION 26
INFORMATION TO PUBLI C SAFETY ANSWERING P OINTS; AND 27
(VII) ANY OTHER SERVICE INTEGRATING VEHICLE LOCATION 28
TECHNOLOGY AND WIREL ESS COMMUNICATIONS . 29 4 HOUSE BILL 1193
(K) “TELEMATICS SYSTEM ” MEANS A TELEMATICS SERVICE O R OTHER 1
REMOTE OR INFORMATIO N SERVICE, DELIVERED TO OR DERI VED FROM A MOTOR 2
VEHICLE BY WIRELESS COMMUNICATIONS . 3
(L) “TRADE SECRET ” HAS THE MEANING STAT ED IN § 11–1201 OF THIS 4
ARTICLE. 5
14–4502. 6
FOR PURPOSES OF THIS SUBTITLE, WHEN DECIDING WHETHE R AN OFFER TO 7
PURCHASE INFORMATION OR TOOLS UNDER THIS SUBTITLE IS GIVEN ON “FAIR AND 8
REASONABLE TERMS ”, CONSIDERATION MAY BE GIVEN TO THE F OLLOWING 9
FACTORS: 10
(1) THE NET COST TO A MANUFACTURER FRANCHI SED DEALERSHIP 11
FOR SIMILAR INFORMAT ION OBTAINED FROM MA NUFACTURERS , MINUS ANY 12
DISCOUNTS, REBATES, OR OTHER INCENTIVE P ROGRAMS; 13
(2) THE COST TO A MANUFACTURER FOR PRE PARING AND 14
DISTRIBUTING THE INF ORMATION; 15
(3) THE PRICE CHARGED BY OTHER MANUFACTURERS FOR SIMILAR 16
INFORMATION ; 17
(4) THE ABILITY OF AFTERM ARKET TECHNICIANS TO AFFORD THE 18
INFORMATION ; 19
(5) THE MEANS BY WHICH TH E INFORMATION IS DIS TRIBUTED; 20
(6) THE EXTENT TO WHICH T HE INFORMATION IS US ED, INCLUDING 21
THE NUMBER OF USERS AND THE FREQUENCY , DURATION, AND VOLUME OF USE ; 22
AND 23
(7) INFLATION. 24
14–4503. 25
(A) NOTHING IN THIS SUBTI TLE MAY BE CONSTRUED TO REQU IRE A 26
MANUFACTURER TO DIVU LGE A TRADE SECRET . 27
(B) NOTHING IN THIS SUBTI TLE MAY BE CONSTRUED TO REQU IRE A 28
MANUFACTURER OR DEAL ER TO PROVIDE AN OWN ER OR INDEPENDENT RE PAIR 29 HOUSE BILL 1193 5
FACILITY ACCESS TO N ON–DIAGNOSTIC AND REPAI R INFORMATION PROVID ED TO A 1
MANUFACTURER OR DEAL ER IN ACCORDANCE WITH THE TERMS OF A FRANC HISE 2
AGREEMENT . 3
(C) (1) NOTWITHSTANDING ANY OTHER PROVISION OF L AW, NOTHING IN 4
THIS SUBTITLE MAY BE CONSTRUED TO ABRO GATE, INTERFERE WITH , CONTRADICT , 5
OR ALTER THE TERMS O F A FRANCHISE AGREEMENT BETWEEN A DEALER AND A 6
MANUFACTURER , INCLUDING THE PERFORM ANCE OF WARRANTY OR RECALL 7
REPAIR WORK BY A DEA LER ON BEHALF OF A M ANUFACTURER IN ACCORDANCE 8
WITH THE FRANCHISE AGREEMENT . 9
(2) A FRANCHISE AGREEMENT MAY NOT INCLUDE PROV ISIONS THAT 10
WAIVE, AVOID, RESTRICT, OR LIMIT A MANUFACTU RER’S COMPLIANCE WITH TH IS 11
SUBTITLE. 12
(D) NOTHING IN THIS SUBTITLE MAY BE CONSTRUED TO REQUIRE A 13
MANUFACTURER OR A DE ALER TO DISCLOSE THE IDENTITY OF EXISTING 14
CUSTOMERS OR CUSTOME R LISTS. 15
(E) NOTHING IN THIS SUBTI TLE MAY BE CONSTRUE D TO ABROGATE A 16
TELEMATICS SERVICES CONTRACT OR OTHER CO NTRACT THAT EXISTS B ETWEEN A 17
MANUFACTURER OR SERV ICE PROVIDER, AN OWNER, OR A DEALER. 18
14–4504. 19
(A) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION, FOR MODEL 20
YEAR 2002 MOTOR VEHICLES AND EACH MODEL YEAR THEREAFTER AND MODEL 21
YEAR 2013 HEAVY DUTY VEHICLES AND EACH MODEL YEAR THEREAFTER , A 22
MANUFACTURER SHALL M AKE AVAILABLE FOR PU RCHASE BY OWNERS AND 23
INDEPENDENT REPAIR F ACILITIES THE SAME D IAGNOSTIC AND REPAIR 24
INFORMATION THAT THE MANUFACTURER MAKES A VAILABLE TO THE 25
MANUFACTURER ’S DEALERS THROUGH THE MANUFACTURER ’S INTERNET–BASED 26
DIAGNOSTIC AND REPAI R INFORMATION SYSTEM OR OTHER ELECTRONICA LLY 27
ACCESSIBLE MANUFACTU RER’S REPAIR INFORMATION SYSTEM. 28
(B) ALL CONTENT IN A MANUFACTURER ’S REPAIR INFORMATION SYSTEM 29
SHALL BE MADE AVAILA BLE TO OWNERS AND TO INDEPENDENT REPAIR F ACILITIES 30
IN THE SAME FORM AND MANNER AND TO THE SA ME EXTENT AS IT IS MADE 31
AVAILABLE TO DEALERS USING THE DIAGNOSTIC AND REPAI R INFORMATION 32
SYSTEM. 33
6 HOUSE BILL 1193
(C) A MANUFACTURER SHALL A LLOW OWNERS AND INDE PENDENT REPAIR 1
FACILITIES TO PURCHA SE THE MANUFACTURER ’S DIAGNOSTIC AND REP AIR 2
INFORMATION : 3
(1) ON A DAILY, MONTHLY, OR YEARLY SUBSCRIPTI ON BASIS; AND 4
(2) ON FAIR AND REASONABLE TERMS. 5
(D) (1) EXCEPT AS PROVI DED IN PARAGRAPH (2) OF THIS SUBSECTION , A 6
MANUFACTURER MAY NOT REQUIRE A DEALER TO PURCHASE DIAGNOSTIC , 7
SERVICE, OR REPAIR INFORMATIO N IN A PROPRIETARY F ORMAT IF THE 8
MANUFACTURER SELLS D IAGNOSTIC, SERVICE, OR REPAIR INFORMATIO N TO AN 9
INDEPENDENT REPAIR F ACILITY OR OTHER THI RD–PARTY PROVIDER : 10
(I) IN A FORMAT THAT IS S TANDARDIZED WITH OTH ER 11
MANUFACTURERS ; AND 12
(II) ON TERMS AND CONDITIO NS MORE FAVORABLE TH AN THE 13
MANNER AND THE TERMS AND CONDITIONS UNDER WHICH A DEALER OBTAI NS THE 14
SAME DIAGNOSTIC , SERVICE, OR REPAIR INFORMATIO N. 15
(2) A MANUFACTURER MAY REQ UIRE A DEALER TO PUR CHASE 16
DIAGNOSTIC, SERVICE, OR REPAIR INFORMATIO N IN A PROPRIETARY F ORMAT IF 17
THE PROPRIETARY FORMAT I NCLUDES DIAGNOSTIC , SERVICE, REPAIR, OR 18
DEALERSHIP OPERATION S INFORMATION OR FUN CTIONALITY THAT IS N OT 19
AVAILABLE IN THE STANDARDIZED FORMAT . 20
(E) (1) A MANUFACTURER MAY EXC LUDE DIAGNOSTIC , SERVICE, AND 21
REPAIR INFORMATION N ECESSARY TO RESET AN IMMOBILIZER SYSTEM OR 22
SECURITY–RELATED ELECTRONIC M ODULES FROM INFORMAT ION PROVIDED TO 23
OWNERS AND INDEPENDE NT REPAIR FACILITIES . 24
(2) IF A MANUFACTURER EXC LUDES INFORMATION IN ACCORDANCE 25
WITH PARAGRAPH (1) OF THIS SUBSECTION , AN OWNER OR INDEPENDENT REPAIR 26
FACILITY MAY OBTAIN THE INFOR MATION THROUGH THE NATIONAL AUTOMOTIVE 27
SERVICE TASK FORCE OR ANOTHER RELI ABLE AND ACCEPTED SY STEM. 28
14–4505. 29
(A) (1) FOR MODEL YEAR 2002 MOTOR VEHICLES AND EACH MODEL YEAR 30
THEREAFTER AND MODEL YEAR 2013 HEAVY DUTY VEHICLES AND EACH MODEL 31
YEAR THEREAFTER , A MANUFACTURER SHALL MAKE AVAILABLE FOR P URCHASE BY 32
OWNERS AND INDEPENDE NT REPAIR FACILITIES ALL DIAGNOSTIC REPAI R TOOLS 33 HOUSE BILL 1193 7
INCORPORATING THE SA ME DIAGNOSTIC , REPAIR, AND WIRELESS CAPABIL ITIES 1
THAT THE MANUFACTURER MAKES AVAILA BLE TO THE MANUFACTURER ’S DEALERS. 2
(2) THE TOOLS UNDER PARAGRAPH (1) OF THIS SUBSECTION SHALL 3
INCORPORATE THE SAME FUNCTIONAL REPAIR CA PABILITIES THAT THE 4
MANUFACTURER MAKES A VAILABLE TO DEALERS . 5
(3) A MANUFACTURER SHALL O FFER THE TOOLS FOR SALE TO 6
OWNERS AND TO INDEPE NDENT REPAIR FACILIT IES ON FAIR AND REAS ONABLE 7
TERMS. 8
(B) (1) IF A MANUFACTURER SELLS DIAGNOSTIC TOOL S OR 9
INFORMATION NECESSAR Y TO DIAGNOSE , SERVICE, OR REPAIR A MOTOR VE HICLE 10
TO AN INDEPENDENT RE PAIR FACILITY ON TER MS THAT ARE MORE FAVORABLE 11
THAN THE TERMS AND C ONDITIONS THAT ARE OFFERED TO A DEALER FOR THE SAME 12
DIAGNOSTIC TOOL S OR INFORMATION , THE MANUFACTURER SHA LL OFFER THE 13
DIAGNOSTIC TOOLS OR INFORMATION TO THE DEALER IN THE SAME M ANNER AND 14
ON THE SAME TERMS AN D CONDITIONS AS PROV IDED TO THE INDEPENDENT REPAIR 15
FACILITY. 16
(2) (I) EXCEPT AS PROVIDED IN SUBPARAGRAPH (II) OF THIS 17
PARAGRAPH , A MANUFACTURER MAY N OT REQUIRE A DEALER TO PURCHASE A 18
PROPRIETARY TOOL AND INTERFACE IF: 19
1. THE MANUFACTURER SELLS DIAGNOSTIC TOOLS 20
NECESSARY TO DIAGNOS E, SERVICE, OR REPAIR A MOTOR VE HICLE TO 21
INDEPENDENT REPAIR F ACILITIES; AND 22
2. THE DIAGNOSTIC TOOL COMM UNICATES WITH THE 23
VEHICLE USING THE SA ME NONPROPRIETARY INTERF ACE USED BY OTHER 24
MANUFACTURERS . 25
(II) A MANUFACTURER MAY REQ UIRE A DEALER TO PUR CHASE 26
A PROPRIETARY TOOL AND INTERFACE IF THE PROPRIETARY INTERFAC E HAS A 27
CAPABILITY THAT IS NOT AVAILABLE IN THE NONPROPRIETARY INTER FACE. 28
(C) (1) A MANUFACTURER SHALL P ROVIDE DIAGNOSTIC RE PAIR 29
INFORMATION TO AFTER MARKET SCAN TOOL COM PANIES AND THIRD–PARTY 30
SERVICE INFORMATION PROVIDERS WITH WHOM THE MANUFA CTURER HAS A 31
LICENSING, CONTRACTUAL , OR CONFIDENTIALITY A GREEMENT FOR THE SOL E 32
PURPOSE OF BUILDIN G AFTERMARKET DIAGNO STIC TOOLS AND THIRD –PARTY 33
SERVICE INFORMATION PUBLICATIONS AND SYS TEMS. 34
8 HOUSE BILL 1193
(2) A MANUFACTURER THAT COMPLIES WITH T HE REQUIREMENTS OF 1
PARAGRAPH (1) OF THIS SUBSECTION IS NOT RESPONSIBLE FOR THE CONTENT AND 2
FUNCTIONALITY OF AFT ERMARKET DIAGNOSTIC TOOLS OR SERVICE INFORMATION 3
SYSTEMS. 4
14–4506. 5
(A) THIS SECTION DOES NOT APPLY TO A HEAVY DUT Y VEHICLE BUILT TO 6
CUSTOM SPECIFICATION S SOLD FOR COMMERCIA L PURPOSES. 7
(B) BEGINNING IN MODEL YE AR 2018, EXCEPT AS PROVIDED I N § 8
14–4504(E) OF THIS SUBTITLE, A MANUFACTURER SHALL P ROVIDE ACCESS TO : 9
(1) THE MANUFACTURER ’S ONBOARD DIAGNOSTIC AN D REPAIR 10
INFORMATION SYSTEM USING AN OFF –THE–SHELF PERSONAL COMPU TER WITH 11
SUFFICIENT MEMORY , PROCESSOR SPEED , CONNECTIVITY , AND OTHER 12
CAPABILITIES AS SPEC IFIED BY THE VEHICLE MANUFACTURER ; AND 13
(2) ONE OF THE FOLLOWING : 14
(I) A NONPROPRIETARY VEHIC LE INTERFACE DEVICE THAT 15
COMPLIES WITH : 16
1. THE SOCIETY OF AUTOMOTIVE ENGINEERS 17
STANDARD J2534; 18
2. THE SOCIETY OF AUTOMOTIVE ENGINEERS 19
STANDARD J1939; 20
3. THE INTERNATIONAL ORGANIZATION FOR 21
STANDARDIZATION STAND ARD 22900; OR 22
4. ANY SUCCESSOR TO THE STANDARDS LISTED IN 23
ITEMS 1 THROUGH 3 OF THIS ITEM AS ACCEPTED OR PUBLI SHED BY THE SOCIETY 24
OF AUTOMOTIVE ENGINEERS OR THE INTERNATIONAL ORGANIZATION FOR 25
STANDARDIZATION ; 26
(II) AN ONBOARD DIAGNOSTIC AND REPAIR INFORMATI ON 27
SYSTEM INTEGRATED AN D ENTIRELY SELF –CONTAINED WITHIN THE VEHICLE, 28
INCLUDING SERVICE INFORMATION SYSTEMS INTEGRATED I NTO AN ONBOARD 29
DISPLAY; OR 30
HOUSE BILL 1193 9
(III) A SYSTEM THAT PROVIDES DIRECT ACCESS TO ONB OARD 1
DIAGNOSTIC AND REPAI R INFORMATION THROUG H A NONPROPRIETARY V EHICLE 2
INTERFACE, SUCH AS ETHERNET , UNIVERSAL SERIAL BUS , OR DIGITAL VERSATILE 3
DISC. 4
(C) A MANUFACTURER SHALL P ROVIDE OWNERS AND INDEPENDE NT 5
REPAIR FACILITIES WI TH THE SAME ACCESS TO ONBOARD DI AGNOSTIC AND REPAIR 6
INFORMATION THAT IS AVAILABLE TO THE MANUFACTURER ’S DEALERS, INCLUDING 7
TECHNICAL UPDATES TO THE ONBOARD SYSTEMS , THROUGH THE 8
NONPROPRIETARY VEHICLE INTERFACES UNDER SUBSECTION (B)(2)(I) OF THIS 9
SECTION. 10
(D) NOTHING IN THIS SUBTITLE MAY BE CONSTRUED TO REQU IRE A DEALER 11
TO USE A NONPROPRIET ARY VEHICLE INTERFAC E SPECIFIED IN THIS SECTION OR 12
TO PREVENT A MANUFACTURER FROM DEVELOPING A PROPRIE TARY VEHICLE 13
DIAGNOSTIC AND REPRO GRAMMING DEVICE IF THE MANUFACTURER : 14
(1) COMPLIES WITH THIS SECTION; 15
(2) MAKES THE DEVICE AVAILABLE TO OWNERS AND INDEPENDENT 16
REPAIR FACILITIES ON FAIR AND REASONABLE TERMS; AND 17
(3) OTHERWISE COMPLIES WI TH § 14–4504 OF THIS SUBTITLE. 18
(E) A MANUFACTURER MAY NOT BE PROHIBITED FROM MAKI NG 19
PROPRIETARY TOOLS AV AILABLE TO DEALERS I F THE TOOLS ARE : 20
(1) FOR A SPECIFIC SPECIALIZED DIAGNOSTIC OR REPAIR 21
PROCEDURE DEVELOPED FOR THE SOLE PURPOSE OF A CUSTOMER SERVIC E 22
CAMPAIGN MEETING THE REQUIREMENTS SET OUT IN 49 C.F.R. 579.5; OR 23
(2) FOR THE PERFORMANCE OF A SPEC IFIC TECHNICAL SERVI CE 24
BULLETIN OR RECALL : 25
(I) AFTER THE MOTOR VEHICLE WAS PRODUCED ; AND 26
(II) WHERE THE ORIGINAL MOTOR VEHICLE DESIGN WAS N OT 27
ORIGINALLY INTENDED FOR DIRECT INTERFACE THROUGH A 28
NONPROPRIETARY INTER FACE SET OUT UNDER SUBSECTION (B)(2)(I) OF THIS 29
SECTION. 30
(F) IF A PROPRIETARY TOOL IS AVAILABLE TO THE AFT ERMARKET ON FAIR 31
AND REASONABLE TERMS , PROVISION OF A PROPRIETARY TOOL UND ER THIS 32 10 HOUSE BILL 1193
SECTION IS NOT A VIOLATION OF THIS SUBTITLE EVEN IF THE TOOLS PROVIDE 1
FUNCTIONS NOT AVAILA BLE THROUGH A NONPROPRIETARY VEH ICLE INTERFACE 2
SET FORTH UNDER SUBSECTION (B)(2)(I) OF THIS SECTION. 3
(G) NOTHING IN THIS PARAG RAPH AUTHORIZES A MANUFACTURER TO 4
EXCLUSIVELY DEVELOP PROPRIETARY TOOLS , WITHOUT A NONPROPRIE TARY 5
EQUIVALENT, FOR DIAGNOSTIC OR RE PAIR PROCEDURES THAT FALL OUTSIDE THE 6
PROVISIONS OF THIS SECTION OR TO OTHERWISE OPER ATE IN A MANNER 7
INCONSISTENT WITH SUBSECTION (B)(2)(I) OF THIS SECTION. 8
14–4507. 9
(A) A MANUFACTURER THAT SE LLS MOTOR VEHICLES E QUIPPED WITH A 10
TELEMATICS SYSTEM SHALL INSTALL AN OPEN DATA PLATFOR M IN EACH MOTOR 11
VEHICLE WITH A TELEMATIC S SYSTEM BEGINNING WITH MODEL YEAR 2025. 12
(B) A TELEMATIC S SYSTEM INSTALLED UND ER THIS SECTION SHAL L BE: 13
(1) STANDARDIZED ACROSS A LL MAKES AND MODELS OF MOTOR 14
VEHICLES; AND 15
(2) INSTALLED BY AN INDEPENDENT TH IRD–PARTY PROVIDER . 16
(C) AN OWNER SHALL BE ABLE TO: 17
(1) EASILY ACCESS THE INFORMATIO N IN THE TELEMATICS SYSTEM; 18
AND 19
(2) EASILY GIVE CONSENT TO AN IN DEPENDENT REPAIR FAC ILITY TO: 20
(I) ACCESS THE TELEMATICS INFORMATION ; AND 21
(II) SEND COMMANDS TO THE MOTOR VEHICLE ’S SYSTEM FOR 22
DIAGNOSTIC TESTING , REPAIR, OR MAINTENANCE . 23
14–4508. 24
(A) THE DIVISION SHALL DEVELO P A DOCUMENT THAT EXPLAINS : 25
(1) WHAT A TELEMATICS SYS TEM IS; AND 26
(2) AN OWNER’S RIGHTS RELATING TO : 27
HOUSE BILL 1193 11
(I) A TELEMATICS SYSTEM ; AND 1
(II) ACCESS TO INFORMATION AND TOOLS RELATING TO THE 2
OWNER’S MOTOR VEHICLE. 3
(B) A MOTOR VEHICLE DEALER SHALL GIVE A CONSUMER WHO BUYS A 4
MOTOR VEHICLE WITH A TELEMATICS SY STEM THE DOCUMENT DEVELOPED UNDER 5
SUBSECTION (A) OF THIS SECTION AT T HE TIME OF THE PURCHASE OF THE MOTOR 6
VEHICLE. 7
14–4509. 8
(A) SUBJECT TO SUBSECTION (C) OF THIS SECTION , A VIOLATION OF THIS 9
SUBTITLE IS: 10
(1) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE WITHIN 11
THE MEANING OF TITLE 13 OF THIS ARTICLE; AND 12
(2) SUBJECT TO THE ENFORC EMENT AND PENALTY PR OVISIONS 13
CONTAINED IN TITLE 13 OF THIS ARTICLE. 14
(B) (1) AN INDEPENDENT REPAIR FACILITY OR OWNER THAT BELIEVES 15
THAT A MANUFACTURER HAS FAILED TO PROVID E INFORMATION OR A T OOL 16
REQUIRED BY THIS SUBTITLE SHALL NOTIFY THE MAN UFACTURER , IN WRITING, 17
THROUGH THE NATIONAL AUTOMOTIVE SERVICE TASK FORCE SERVICE 18
INFORMATION REQUEST PROCESS . 19
(2) IF A MANUFACTURER IS NOTIFIED IN ACCORDAN CE WITH 20
PARAGRAPH (1) OF THIS SUBSECTION , THE MANUFACTURER MAY CURE THE 21
FAILURE WITHIN 30 DAYS AFTER THE TIME THE MANUFAC TURER RECEIVES THE 22
COMPLAINT TO CURE TH E FAILURE. 23
(3) IF THE MANUFACTURER C URES THE FAILURE WITHIN THE CURE 24
PERIOD DESCRIBED IN PARAGRA PH (2) OF THIS SUBSECTION , DAMAGES SHALL BE 25
LIMITED TO ACTUAL DA MAGES IN ANY SUBSEQU ENT LITIGATION IN ACCORDANCE 26
WITH TITLE 13 OF THIS ARTICLE. 27
(C) (1) IF A MANUFACTURER FAI LS TO RESPOND TO THE NOTICE 28
PROVIDED IN ACCORDANCE WITH SUBSECTION (B) OF THIS SECTION , OR IF AN 29
OWNER OR INDEPENDENT REPAIR FACILITY IS NOT SATISFIED WIT H THE 30
MANUFACTURER ’S CURE, THE INDEPENDENT REPA IR FACILITY OR OWNER MAY 31
BRING AN ACTION AGAI NST THE MANUFACTURER IN ACCORDANCE WITH § 13–408 32
OF THIS ARTICLE. 33 12 HOUSE BILL 1193
(2) A COMPLAINT FILED IN A CCORDANCE WITH PARAG RAPH (1) OF 1
THIS SUBSECTION SHALL INCLUDE : 2
(I) WRITTEN CONFIRMATION THAT THE OWNER OR 3
INDEPENDENT REPAIR F ACILITY VISITED THE MANUFACTURER ’S WEBSITE AND 4
ATTEMPTED TO EFFECT A PROPER REPAIR USING INFORMATION PROVIDED ON THE 5
WEBSITE, INCLUDING COMMUNICAT ION WITH CUSTOMER AS SISTANCE THROUGH 6
THE MANUFACTURER ’S TOLL–FREE CALL–IN ASSISTANCE, IF MADE AVAILABLE BY 7
THE MANUFACTURER ; 8
(II) WRITTEN CONFIRMATION THAT THE OWNER OR 9
INDEPENDENT REPAIR F ACILITY OBTAINED AND USED THE RELEVANT 10
MANUFACTURER ’S SCAN OR DIAGNOSTIC TOOL NECESSARY FOR THE REPAIR; AND 11
(III) EVIDENCE THAT THE MANUFACTURE R WAS NOTIFIED IN 12
ACCORDANCE WITH SUBS ECTION (B) OF THIS SECTION. 13
(D) A DEALER MAY EXERCISE THE RIGHTS AND REMEDIES PROVIDED IN 14
THIS SUBTITLE, INCLUDING EXERCISING THE RIGHTS AND REMED IES AUTHORIZED 15
FOR AN INDEPENDENT REPAIR F ACILITY. 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2023. 18