Lawmakers on Tuesday gave initial approval to a bill that would rescind portions of Maine's new Right to Repair Law, passed overwhelmingly by voters in November.
The law, which took effect last month, requires automakers to share advanced repair data with vehicle owners and independent mechanics through a standardized platform, aimed at reducing the cost of accessing information needed for repairs. It is mandatory to do so.
Jacob Sirois is working on a Ford F150 this fall at Jason's Auto Service in Hollis. Sirois has been working at this shop for about a year, and he's been working on cars for almost 15 years. Brianna Soukup/Staff Photographer
However, members of the Innovation, Development, Economic Advancement and Business Committee voted down the bill to abolish the standardized platform, expressing concern that the current law puts consumer privacy and safety at risk.
Tuesday's vote was 7-1, with five of the 13 committee members absent. Those lawmakers will have two days to vote, but the outcome will not change. The bill now goes to the full House and Senate for a vote.
Some lawmakers and restorative rights advocates, who believe the standardized platform is the most impactful aspect of the law, argue that any amendments violate the will of voters.
“Congress shouldn't usurp the power of the people. That's just wrong,” Dan Brooks, an independent repair shop owner in Augusta, said at a Right to Repair press conference ahead of the vote. . “My customers know me and trust me. They voted for this.”
Rep. Daniel Sayer (D-Kennebunk), the lone no vote, called the amendment “an absolutely massive change to what the people supported.”
Still, it's not unprecedented for Congress to amend a referendum. For example, Maine's marijuana laws have been revised several times since voters passed a legalization referendum in 2016.
The Right to Repair Act is a ballot initiative championed by the Maine Right to Repair Coalition and was approved by 84% of voters during the November election. The first phase of the law requires automakers to make all repair data accessible to independent repair shops and vehicle owners. That data includes “telematics,” or over-the-air diagnostic information about vehicle performance and systems that is not stored on the vehicle but is sent to the dealer.
Some say this data is not available to independent repair shops, consumers or aftermarket companies. The automaker claims to offer open access to all its repair shops, whether they are independent shops or affiliated with authorized dealers. Still, many independent mechanics say this data can only be accessed through each automaker's own and prohibitively expensive repair programs.
This is where the second aspect of the law comes into play. The law would require the Maine Attorney General's Office to create a standardized platform by early 2025 that would compile telematics data for all makes and models of vehicles into one standardized platform. We sought. The Repair Coalition, which drafted the original referendum, hoped a standardized platform would avoid the need for subscriptions to each manufacturer's separate platform.
The attorney general's office will also establish an “independent organization” made up of members from various sectors of the auto industry, including aftermarket parts companies, independent mechanics, and manufacturers, to oversee the platform and enforce the law. There is a need.
The new bill would remove the second half of the original bill.
deadlock point
Lawmakers are objecting to both a standardized platform and an independent organization. Some worry that members will use their power as platform regulators for their own financial gain. Lawmakers also worry that consumer data will be exposed to hackers because no standardized platform yet exists for auto telematics.
Sen. Chip Curry (D-Wald.), co-chair of the committee, said the law favors the financial interests of aftermarket companies to the detriment of consumers and independent small business owners. I was worried that there would be.
“I really wanted to like this legislation…but when you get to this independent organization, you really (question) what the real business model is,” he said. “I feel like the people of Maine are being asked to referee a dispute between automakers and independent auto parts distributors. …This is like a trade war.”
The auto industry agrees. The Automotive Innovation Alliance, an industry group representing major car manufacturers, is campaigning against the referendum, citing concerns about risks to cybersecurity and privacy rights.
Rep. Amanda Collamore (R-Pittsfield) sponsored the amendment because she believes Maine does not have the ability to build the first-ever fully cybersecurity-secure platform. She also worries that Maine residents will pay higher taxes if manufacturers challenge the current law in court.
The Alliance for Automotive Innovation filed a lawsuit against Massachusetts less than three weeks after voters passed a similar referendum in 2020. The case is still pending as the state gradually implements various aspects of the law.
At this time, the alliance has no plans to file a lawsuit in Maine, saying it supports changing the law.
Alliance spokesman Wayne Weikel said after Tuesday's vote: “The commission takes seriously its role in advancing the interests of miners and is committed to several needs, particularly around government control of customer data and vehicle cybersecurity. It is clear that we are considering significant changes.”
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