Maine Attorney General Convenes Working Group to Recommend Standards to Implement Right to Repair Law

The Maine Attorney General’s Office recently announced that it has convened an 11-person working group of industry stakeholders to develop recommendations for legislation to establish an entity with rulemaking and enforcement authority “to ensure cyber-secure access to motor vehicle-generated data to owners and owner authorized independent repair facilities for maintenance, diagnostic and repair purposes.” The announcement follows an April 16, 2024 resolve by the Maine Legislature directing the Maine Attorney General to convene this working group and submit a report to facilitate the adoption of further legislation to give effect to the Maine Right to Repair Law.

The Maine Right to Repair Law, adopted by voters in a November 2023 ballot initiative and codified at Maine Revised Statutes, Title 29-A, section 1810, requires that not later than one year after its effective date, manufacturers of vehicles that “use a telematics system” to equip vehicles sold in Maine “with an interoperable, standardized and owner-authorized access platform” capable of securely communicating vehicle-generated mechanical data. This “standardized access platform” must provide direct access to vehicle-generated mechanical data to the vehicle owner and any owner-authorized independent repair facility. The law also requires that access to vehicle on-board diagnostic systems be “standardized,” and that the Attorney General designate an “independent entity” to establish and administer access to vehicle-generated data, whether that data is communicated through an on-board diagnostic system or transmitted by the “standardized access platform” installed on vehicles using a telematics system.

In addition to representatives from the offices of the Maine Secretary of State and Attorney General, the working group includes members representing OEMs and dealers, aftermarket parts manufacturers and distributors, independent repair facilities, and consumer and data privacy advocates. The Maine Legislature has directed the Attorney General to submit a report with the working group’s recommendations “on or before February 28, 2025,” meaning the report may come as many as two months after OEMs would otherwise be required to equip vehicles that use a telematics system with a “standardized access platform.” The Maine Right to Repair Law authorizes the Attorney General to bring an enforcement action upon notice from the “independent entity” designated to regulate data access of a violation, but with no “independent entity” having been designated, there does not appear to be any mechanism by which an enforcement action could be brought.

The legislative resolve indicates that lawmakers may consider changes to the Maine Right to Repair Law in the next legislative session. An amendment to the Maine Right to Repair Law that would have eliminated the requirement of a standardized platform and the independent entity overseeing it was proposed, but the bill stalled in the Maine Senate. The working group’s recommendations are likely to inform any decisions lawmakers might make.  Following its formation in August 2024, the working group held two open meetings in September 2024, with another open meeting scheduled for October 16, 2024.  All meetings are open to the public. This law, the working group’s recommendations, and any additional action by the Maine Legislature will all be important for OEMs to monitor to determine how best to navigate Maine’s Right to Repair Law.