ACT GUARANTEEING CONSUMERS OWNERSHIP, PRIVACY AND ACCESS TO ALL DIAGNOSTIC, REPAIR AND SERVICE INFORMATION FOR THEIR MOTOR VEHICLES.

SECTION 1- Vehicle Ownership: The purchase or lease of a new motor vehicle includes the engine, frame, body, electrical system, electronic systems, modules and computer code (firmware), etc.

SECTION 2 - Data Ownership: The vehicle data and the communication of the data throughout the vehicle, is expressly owned by the consumer and not the OEM or dealer.

SECTION 3 – Repair Information: The dealers, consumers and the aftermarket have the right to access all diagnostic service and repair information.

1. DTC information, wiring diagrams, diagnostic procedures, repair procedures, technician training and materials, non part-producing related specifications, TSB, recalls and firmware upgrades.

2. All information shall be disseminated to dealers, vehicle owners, and the aftermarket.

   1. Information may not be bundled to inflate purchase prices, or effect trade.

   2. Information shall be self-contained; no additional reference material / devices shall be needed.

SECTION 4- Consumer Privacy: The consumer does have the expressed right to privacy and the OEM or dealer does not have the expressed right to access the vehicle communication BUS, through either wired or wireless means.

SECTION 5 – Right of Vehicle Data Access: The dealer, consumer and independent repair facility have the right to access all module functions, data, computer memory, firmware and communication BUS at the vehicle owner’s request.

SECTION 6 – Interactive Monitoring Services: Whether a consumer purchases or is awarded interactive monitoring service of their vehicle, the consumer has the right to choose which form the information will be sent and to whom, the OEM will not discriminate whether the information is sent to a dealer, consumer or aftermarket facility.

1. A unique document or contract clearly and plainly stated what information will be transferred.

2. The consumer has the expressed right to choose what items are and are not monitored and transferred.

3. The consumer reserves the right to change interactive monitoring service providers.

4. The consumer reserves the right to change interactive monitoring service information collected.

SECTION 7 - Software Installation: The OEM may install software and retain ownership of a vehicle’s computer code, it must be declared at the time of new vehicle purchase or lease and an End User’s License Agreement (EULA) must be signed by the consumer as an independent document and contract.

1. The EULA must clearly contain transfer of ownership and software life expectancy.

2. The software must be viable for the life expectancy of the vehicle.

3. Software, by itself, can not be leased or charged for as a separate fee.

4. Software of firmware may not include clocks, calendars or any other counter function that renders either the firmware or software useless in any way after a predetermined time or mileage.

5. If a vehicle is equipped with software rather than firmware, the only product protected is the software.

SECTION 8 - Module Programming: Firmware or software that is not permanently imbedded in a module will be capable of being loaded through module reprogramming or “flash” process.

1. Each version of firmware and software will have a unique, easily identifiable part number.

2. The normal “flash” process developed by the OEM shall not include a decompiling process, and the same flash processes are to be made readily available to dealers, independent repair facilities and specifically to aftermarket tool manufacturers for tool development.

SECTION 9 - Security: The digital security information is the property of the vehicle owner and not the OEM. The digital code shall be treated the same as a bank PIN number to secure a bank account.

1. This code set shall be obtainable by the vehicle owner.

2. Security codes will be obtained by presenting owner’s driver’s license, vehicle registration or title and for aftermarket agents, an additional letter of request signed by the vehicle owner and duly notarized.

3. The information will be provided in an appropriate useful format.

4. The process of developing the security system is a trade secret and protected and the OEM shall not be required to release this information to the dealer, consumer or the aftermarket.

SECTION 10 – Original Condition: The consumer has the right to have the vehicle repaired to original condition. OEM may not discriminate on the dissemination of any information or product to any vehicle owner, dealer, or aftermarket as it was provided to support a vehicle new car warrantee, or to restore the vehicle to new condition because of a collision. This includes the sale of firmware or software revisions to the aftermarket and the distribution of new and remanufactured parts by the OEM’s to an authorized new car dealer. The authorized new car dealer may not discriminate in the sale of new or remanufactured OEM parts to the consumer or the aftermarket.

SECTION 11 – EPA Provision: Notwithstanding any General or special law, or any rule or regulation to the contrary, the office of consumer affairs and business regulation shall not promulgate any rule or regulation that:

Interferes with the authority of the Administrator of the United States Environmental Protection Agency under section 202(m) of the Clean Air Act (42 U. S. C. 752 l(m)) with regard to motor vehicle emissions control diagnostic systems; or

Conflicts with any rule or regulation prescribed by the Administrator of the United States Environmental Protection Agency under that Act.

SECTION 12 - Penalty Provision: Notwithstanding any General or special law, or any rule or regulation to the contrary, a violation of this Act committed by any manufacturer of a motor vehicle sold in the Commonwealth, in addition to any other penalty provided by law, shall be subject to a civil penalty of not more than $10,000.00 for the first offense and not more than $20,000.00 for the second and each subsequent offense.

In the event that is an ongoing non-compliance with this Act, such manufacturer will be subject to a civil penalty of not more than $20,000.00 after each period of sixty days of ongoing non-compliance.

The attorney general may institute a civil action for enforcement of this provision in the superior court of Suffolk County.

Re-Drafted "Right to Repair" Legislation
(Re-filed by AASP-MA/RI January 12.2009)
On behalf of the Independent Auto Service & Repair Industry of Massachusetts

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