EXPLANATION: CAPITALS INDICATE MAT TER ADDED TO EXISTIN G LAW.
[Brackets] indicate matter deleted from existing law.
*hb0843*
HOUSE BILL 843
I3, R7 5lr2361
HB 1193/23 – ECM
By: Delegates Hornberger, Baker, Feldmark, Ghrist, and McComas
Introduced and read first time: January 29, 2025
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)(xlii) 14
Annotated Code of Maryland 15
(2013 Replacement Volume and 2024 Supplement) 16
BY repealing and reenacting, without amendments, 17
Article – Commercial Law 18
Section 13–301(14)(xliii) 19
Annotated Code of Maryland 20
(2013 Replacement Volume and 2024 Supplement) 21
BY adding to 22
Article – Commercial Law 23
Section 13–301(14)(xliv); and 14–5001 through 14–5009 to be under the new subtitle 24
“Subtitle 50. Motor Vehicle Repair” 25
Annotated Code of Maryland 26
(2013 Replacement Volume and 2024 Supplement) 27
2 HOUSE BILL 843
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
(xlii) Section 12–6C–09.1 of the Health Occupations Article; [or] 7
(xliii) Title 14, Subtitle 48 of this article; or 8
(XLIV) TITLE 14, SUBTITLE 50 OF THIS ARTICLE; OR 9
SUBTITLE 50. MOTOR VEHICLE REPAIR. 10
14–5001. 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 AN ORAL OR WRI TTEN 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 RE LATED SERVICES AT WH OLESALE, RETAIL, LEASING, OR 21
OTHERWIS E. 22
(D) “HEAVY–DUTY VEHICLE ” MEANS A VEHICLE HAVI NG A GROSS 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 WHI CH IT IS INSTALLED F ROM STARTING 27
WITHOUT THE CORRECT ACTIVATION OR AUTHOR IZATION CODE. 28 HOUSE BILL 843 3
(F) (1) “INDEPENDENT REPAIR FA CILITY” MEANS A PERSON THAT IS NOT 1
AFFILIATED WITH A MA NUFACTURER OR A MANU FACTURER’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 INFORMATIO N” 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 TH E 17
INFORMATION IS STORED . 18
(2) “TELEMATICS INFORMATIO N” INCLUDES: 19
(I) REMOTE DIAGNOSTICS IN FORMATION; 20
(II) AUTOMATIC AIRBAG DEPL OYMENT AND CRASH 21
NOTIFICATIONS ; 22
(III) STOLEN VEHICLE LOCATI ONS; 23
(IV) NAVIGATION INFORMATIO N; 24
(V) REMOTE DOOR UNL OCK; 25
(VI) TRANSMISSION OF EMERG ENCY AND VEHICLE LOC ATION 26
INFORMATION TO PUBLI C SAFETY ANSWERING P OINTS; AND 27
(VII) ANY OTHER SERVICE INT EGRATING VEHICLE LOC ATION 28
TECHNOLOGY AND WIREL ESS COMMUNICATIONS . 29 4 HOUSE BILL 843
(K) “TELEMATICS SYSTEM ” MEANS A TELEMATICS SERVICE OR OTHER 1
REMOTE OR INFORMATIO N SERVICE DELIVERED TO OR DERIVED 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
14–5002. 6
FOR PURPOSES OF THIS SUBTITLE, WHEN DECIDING WHETH ER 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 FOLLOWI NG 9
FACTORS: 10
(1) THE NET COST TO A MAN UFACTURER –FRANCHISED DEALERSHI P 11
FOR SIMILAR INFORMAT ION OBTAINED FROM MANUFACTURERS , MINUS ANY 12
DISCOUNTS, REBATES, OR OTHER INCENTIVE P ROGRAMS; 13
(2) THE COST TO A MANUFAC TURER FOR PREPARING AND 14
DISTRIBUTING THE INF ORMATION; 15
(3) THE PRICE CHARGED BY OTHER MANUFACTURERS FOR SIMILAR 16
INFORMATION ; 17
(4) THE ABILITY OF AFTE RMARKET 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
14–5003. 25
(A) THIS SUBTITLE MAY NOT BE CONSTRUED TO REQU IRE A 26
MANUFACTURER TO DIVU LGE A TRADE SECRET . 27
(B) THIS SUBTITLE MAY NOT BE CONSTRUED TO REQU IRE A 28
MANUFACTURER OR DEAL ER TO PROVIDE AN OWN ER OR INDEPENDENT RE PAIR 29 HOUSE BILL 843 5
FACILITY ACCESS TO N ONDIAGNOSTIC AND REPAIR INFORMATI ON PROVIDED TO A 1
MANUFACTURER OR DEAL ER IN ACCORDANCE WIT H THE TERMS OF A FRA NCHISE 2
AGREEMENT . 3
(C) (1) NOTWITHSTANDING ANY O THER PROVISION OF LA W, THIS 4
SUBTITLE MAY NOT BE CONSTRUED TO ABRO GATE, INTERFERE WITH , CONTRADICT , 5
OR ALTER T HE TERMS OF A FRANCH ISE AGREEMENT BETWEE N A DEALER AND A 6
MANUFACTURER , INCLUDING THE PERFOR MANCE OF WARRANTY OR RECALL 7
REPAIR WORK BY A DEA LER ON BEHALF OF A M ANUFACTURER IN ACCOR DANCE 8
WITH THE FRANCHISE A GREEMENT. 9
(2) A FRANCHISE AGREEMENT MAY NOT INCL UDE PROVISIONS THAT 10
WAIVE, AVOID, RESTRICT, OR LIMIT A MANUFACTU RER’S COMPLIANCE WITH TH IS 11
SUBTITLE. 12
(D) THIS SUBTITLE MAY NOT BE CONSTRUED TO REQU IRE A 13
MANUFACTURER OR A DE ALER TO DISCLOSE THE IDENTITY OF EXISTING 14
CUSTOMERS OR CUSTOME R LISTS. 15
(E) THIS SUBTITLE MAY NOT BE CONSTRUED TO ABRO GATE A TELEMATICS 16
SERVICES CONTRACT OR OTHER CONTRACT THAT EXISTS BETWEEN A 17
MANUFACTURER OR SERV ICE PROVIDER, AN OWNER, OR A DEALER. 18
14–5004. 19
(A) EXCEPT AS PROVIDED IN SUBSECTION (E) OF THIS SECTION, FOR MODEL 20
YEAR 2002 MOTOR VEHICLES AND E ACH MODEL YEAR THERE AFTER AND MODEL 21
YEAR 2013 HEAVY–DUTY VEHICLES AND EA CH MODEL YEAR THEREA FTER, 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
INFORMATI ON THAT THE MANUFACT URER MAKES AVAILABLE TO THE 25
MANUFACTURER ’S DEALERS THROUGH TH E 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 MA NUFACTURER ’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 M ADE 31
AVAILABLE TO DEALERS USING THE DIAGNOSTIC AND REPAIR INFORMATI ON 32
SYSTEM. 33
6 HOUSE BILL 843
(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 REASONABL E 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 THIR D–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 FORM AT INCLUDES DIAGNOST IC, SERVICE, REPAIR, OR 18
DEALERSHIP OPERATION S INFORMATION OR FUNCTIONALITY THAT I S NOT 19
AVAILABLE IN THE STA NDARDIZED FORMAT . 20
(E) (1) A MANUFACTURER MAY EXC LUDE DIAGNOSTIC , SERVICE, AND 21
REPAIR INFORMATION N ECESSARY TO RESET AN IMMOBILIZER SYSTEM O R 22
SECURITY–RELATED ELECTRONIC M ODULES FROM INFORMAT ION PROVIDED TO 23
OWNERS AND INDEPENDENT REPAIR FACILITIES . 24
(2) IF A MANUFACTURER EXC LUDES INFORMATION IN ACCORDANCE 25
WITH PARAGRAPH (1) OF THIS SUBSECTION , AN OWNER OR INDEPEND ENT REPAIR 26
FACILITY MAY OBTAIN THE INFORMATION THRO UGH THE NATIONAL AUTOMOTIVE 27
SERVICE TASK FORCE OR OTHER RELIABLE AN D ACCEPTED SYSTEM . 28
14–5005. 29
(A) (1) FOR MODEL YEAR 2002 MOTOR VEHICLES AND E ACH MODEL YEAR 30
THEREAFTER AND MODEL YEAR 2013 HEAVY–DUTY VEHICLES AND EA CH 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 843 7
INCORPORATING THE SA ME DIAGNOSTIC , REPAIR, AND WIRELESS CAPABIL ITIES 1
THAT THE MANUFACTURE R MAKES AVAILABLE TO THE MANUFACTURER ’S DEALERS. 2
(2) THE TOOLS UNDER PARAG RAPH (1) OF THIS SUBSECTION S HALL 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 SEL LS DIAGNOSTIC TOOLS 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 FAVORABL E 11
THAN THE TERMS AND C ONDITIONS THAT ARE O FFERED TO A DEALER F OR THE SAME 12
DIAGNOSTIC TOOLS OR INFORMATION , THE MANUFACTURER SHA LL OFFER THE 13
DIAGNOSTIC TOOLS OR INFORMATION TO THE D EALER IN THE SAME MA NNER AND 14
ON THE SAME TERMS AN D CONDITIONS AS PROVIDED TO THE INDEPENDENT REPA IR 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 SELL S DIAGNOSTIC T OOLS 20
NECESSARY TO DIAGNOS E, SERVICE, OR REPAIR A MOTOR VE HICLE TO 21
INDEPENDENT REPAIR F ACILITIES; AND 22
2. THE DIAGNOSTIC TOOL C OMMUNICATES WITH THE 23
VEHICLE USING THE SA ME NONPROPRIETARY IN TERFACE USED BY OTHE R 24
MANUFACTURERS . 25
(II) A MANUFACTURER MAY REQUIRE A DEALER TO PURCHASE 26
A PROPRIETARY TOOL A ND INTERFACE IF THE PROPRIETARY INTERFAC E HAS A 27
CAPABILITY THAT IS N OT AVAILABLE IN THE NONPROPRIETARY INTER FACE. 28
(C) (1) A MANUFACTURER SHALL P ROVIDE DIAGNOSTIC RE PAIR 29
INFORMATION TO AFTER MARKET SCAN TOOL COMPANIES AND THIRD –PARTY 30
SERVICE INFORMATION PROVIDERS WITH WHOM THE MANUFACTURER HAS A 31
LICENSING, CONTRACTUAL , OR CONFIDENTIALITY A GREEMENT FOR THE SOL E 32
PURPOSE OF BUILDING AFTERMARKET DIAGNOST IC TOOLS AND THIRD –PARTY 33
SERVICE INFORMATION PUBLICATIONS AN D SYSTEMS. 34
8 HOUSE BILL 843
(2) A MANUFACTURER THAT CO MPLIES WITH THE REQU IREMENTS OF 1
PARAGRAPH (1) OF THIS SUBSECTION I S NOT RESPONSIBLE FO R THE CONTENT AND 2
FUNCTIONALITY OF AFT ERMARKET DIAGNOSTIC TOOLS OR SERVICE INF ORMATION 3
SYSTEMS. 4
14–5006. 5
(A) THIS SECTION DOES NOT APPLY TO A HEAVY –DUTY VEHICLE BUILT T O 6
CUSTOM SPECIFICATION S SOLD FOR COMMERCIA L PURPOSES. 7
(B) BEGINNING IN MODEL YE AR 2018, EXCEPT AS PROVIDED I N § 8
14–5004(E) OF THIS SUBTITLE, A MANUFACTURER SHALL PROVIDE ACCESS TO : 9
(1) THE MANUFACTURER ’S ONBOA RD DIAGNOSTIC AND RE PAIR 10
INFORMATION SYSTEM U SING 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 NONPROPR IETARY VEHICLE INTER FACE 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 ACCE PTED OR PUBLISHED 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 AND ENTIREL Y SELF–CONTAINED WITHIN THE VEHICLE, 28
INCLUDING SERVICE IN FORMATION SYSTEMS IN TEGRATED INTO AN ONB OARD 29
DISPLAY; OR 30
HOUSE BILL 843 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 IN DEPENDENT 5
REPAIR FACILITIES WI TH THE SAME ACCESS T O ONBOARD DIAGNOSTIC AND REPAIR 6
INFORMATION THAT IS AVAILABLE TO THE MAN UFACTURER’S DEALERS, INCLUDING 7
TECHNICAL UPDATES TO THE ONBOARD SYSTEMS , THROUGH THE 8
NONPROPRIETARY VEHIC LE INTERFACES UNDER SUBSECTION (B)(2)(I) OF THIS 9
SECTION. 10
(D) THIS SUBTITLE MAY NOT BE CONSTRUED TO REQU IRE A DEALER TO USE 11
A NONPROPRIETARY VEH ICLE INTERFACE SPECIFIED IN THIS SECTION OR T O 12
PREVENT A MANUFACTUR ER FROM DEVELOPING A PROPRIETARY VEHICLE 13
DIAGNOSTIC AND REPRO GRAMMING DEVICE IF T HE MANUFACTURER : 14
(1) COMPLIES WITH THIS SE CTION; 15
(2) MAKES THE DEVICE AVAI LABLE TO OWNERS AND INDEPENDENT 16
REPAIR FACILITIES ON FAIR AND REASONABLE TERMS; AND 17
(3) OTHERWISE COMPLIES WI TH § 14–5004 OF THIS SUBTITLE. 18
(E) A MANUFACTURER MAY NOT BE PROHIBITED FROM M AKING 19
PROPRIETARY TOOLS AV AILABLE TO DEALERS I F THE TOOLS ARE : 20
(1) FOR A SPECIFIC SPECIA LIZED 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 O F A SPECIFIC TECHNIC AL SERVICE 24
BULLETIN OR RECALL : 25
(I) AFTER THE MOTOR VE HICLE WAS PRODUCED ; AND 26
(II) WHERE THE ORIGINAL MO TOR VEHICLE DESIGN W AS NOT 27
ORIGINALLY INTENDED FOR DIRECT INTERFACE THROUGH A NONPROPRIE TARY 28
INTERFACE SET OUT UN DER SUBSECTION (B)(2)(I) OF THIS SECTION. 29
(F) IF A PROPRIETARY TOOL IS AVAILABLE TO TH E AFTERMARKET ON FAI R 30
AND REASONABLE TERMS , PROVISION OF A PROPR IETARY TOOL UNDER TH IS 31
SECTION IS NOT A VIO LATION OF THIS SUBTI TLE EVEN IF THE TOOL S PROVIDE 32 10 HOUSE BILL 843
FUNCTIONS NOT AVAILA BLE THROUGH A NONPRO PRIETARY VEHICLE INT ERFACE 1
SET FORTH UNDER SUBS ECTION (B)(2)(I) OF THIS SECTION. 2
(G) NOTHING IN THIS SECTION AUTHORIZES A MANUFAC TURER TO 3
EXCLUSIVELY DEVELOP PROPRIETARY TOOLS , WITHOUT A NONPROPRIE TARY 4
EQUIVALENT, FOR DIAGNOSTIC OR RE PAIR PROCEDURES THAT FALL OUTSIDE THE 5
PROVISIONS OF THIS S ECTION OR TO OTHERWI SE OPERATE IN A MANNE R 6
INCONSISTENT WITH SU BSECTION (B)(2)(I) OF THIS SECTION. 7
14–5007. 8
(A) A MANUFACTURER THAT SE LLS MOTOR VEHICLES E QUIPPED WITH A 9
TELEMATICS SYSTEM SH ALL INSTALL AN OPEN DATA PLATFORM IN EAC H MOTOR 10
VEHICLE WITH A TELEM ATICS SYSTEM BEGI NNING WITH MODEL YEA R 2025. 11
(B) A TELEMATICS SYSTEM IN STALLED UNDER THIS S ECTION SHALL BE : 12
(1) STANDARDIZED ACROSS A LL MAKES AND MODELS OF MOTOR 13
VEHICLES; AND 14
(2) INSTALLED BY AN INDEP ENDENT THIRD –PARTY PROVIDER . 15
(C) AN OWNER SHALL BE ABL E TO: 16
(1) EASILY ACCESS THE INF ORMATION IN THE TELE MATICS SYSTEM ; 17
AND 18
(2) EASILY GIVE CONSENT T O AN INDEPENDENT REP AIR FACILITY TO: 19
(I) ACCESS THE TELEMATICS INFORMATION ; AND 20
(II) SEND COMMANDS TO THE MOTOR VEHICLE ’S SYSTEM FOR 21
DIAGNOSTIC TESTING , REPAIR, OR MAINTENANCE . 22
14–5008. 23
(A) THE DIVISION SHALL DEVELO P A DOCUMENT THAT EX PLAINS: 24
(1) WHAT A TELEMATICS SYS TEM IS; AND 25
(2) AN OWNER’S RIGHTS RELATING TO : 26
(I) A TELEMATICS SYSTEM ; AND 27 HOUSE BILL 843 11
(II) ACCESS TO INFORMATION AND TOOLS RELATING T O THE 1
OWNER’S MOTOR VEHICLE . 2
(B) A MOTOR VEHICLE DEALER SHALL GIVE A CONSUME R WHO BUYS A 3
MOTOR VEHICLE WITH A TELEMATICS SYSTEM TH E DOCUMENT DEVELOPED UNDER 4
SUBSECTION (A) OF THIS SECTION AT T HE TIME OF THE PURCH ASE OF THE MOTOR 5
VEHICLE. 6
14–5009. 7
(A) SUBJECT TO SUBSECTION (C) OF THIS SECTION , A VIOLATION OF THIS 8
SUBTITLE IS: 9
(1) AN UNFAIR, ABUSIVE, OR DECEPTIVE TRADE P RACTICE WITHIN 10
THE MEANING OF TITLE 13 OF THIS ARTICLE; AND 11
(2) SUBJECT TO THE ENFORC EMENT AND PENALTY PR OVISIONS 12
CONTAINED IN TITLE 13 OF THIS ARTICLE. 13
(B) (1) AN INDEPENDENT REPAIR FACILITY OR OWNER TH AT BELIEVES 14
THAT A MANUFACTURER HAS FAILED TO PROVID E INFORMATION OR A T OOL 15
REQUIRED BY THIS SUB TITLE SHALL NOTIFY T HE MANUFACTURER , IN WRITING, 16
THROUGH THE NATIONAL AUTOMOTIVE SERVICE TASK FORCE SERVICE 17
INFORMATION REQUEST PROCESS . 18
(2) IF A MANUFACTURER IS NOTIFIED IN ACCORDAN CE WITH 19
PARAGRAPH (1) OF THIS SUBSECTION , THE MANUFACTURER MAY CURE THE 20
FAILURE WITHIN 30 DAYS AFTER THE TIME THE MANUFACTURER REC EIVES THE 21
COMPLAINT TO CUR E THE FAILURE. 22
(3) IF THE MANUFACTURER C URES THE FAILURE WIT HIN THE CURE 23
PERIOD DESCRIBED IN PARAGRAPH (2) OF THIS SUBSECTION , DAMAGES SHALL BE 24
LIMITED TO ACTUAL DA MAGES IN ANY SUBSEQU ENT LITIGATION IN AC CORDANCE 25
WITH TITLE 13 OF THIS ARTICLE. 26
(C) (1) IF A MANUFACTURER FAI LS TO RESPOND TO THE NOTICE 27
PROVIDED IN ACCORDAN CE WITH SUBSECTION (B) OF THIS SECTION , OR IF AN 28
OWNER OR INDEPENDENT REPAIR FACILITY IS N OT SATISFIED WITH TH E 29
MANUFACTURER ’S CURE, THE INDEPENDENT REPA IR FACILITY OR OWNER MAY 30
BRING AN ACTION AGAINST THE M ANUFACTURER IN ACCOR DANCE WITH § 13–408 31
OF THIS ARTICLE. 32
12 HOUSE BILL 843
(2) A COMPLAINT FILED IN A CCORDANCE WITH PARAG RAPH (1) OF 1
THIS SUBSECTION SHAL L 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 USIN G INFORMATION PROVID ED 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 T HE REPAIR; AND 11
(III) EVIDENCE THAT THE MAN UFACTURER WAS NOTIFI ED IN 12
ACCORDANCE WITH SUBS ECTION (B) OF THIS SECTION. 13
(D) A DEALER MAY EXERCISE THE RIGHTS AND REMED IES PROVIDED IN 14
THIS SUBTITLE, INCLUDING EXERCISING THE RIGHTS AND REMED IES AUTHORIZED 15
FOR AN INDEPENDENT R EPAIR FACILITY. 16
SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect 17
October 1, 2025. 18