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NJ - Right to Repair-Proposed Legislation-A-3886
ASSEMBLY, No. 3886
STATE OF NEW
211th LEGISLATURE
INTRODUCED MARCH 1, 2005
Sponsored by:
Assemblyman REED GUSCIORA
District 15 (Mercer)
Co-Sponsored by:
Assemblyman Vas, Assemblywoman Oliver, Assemblymen McKeon, Manzo, Roberts, Fisher, Payne, Burzichelli, Assemblywoman Stender, Assemblymen Gordon and Chivukula
SYNOPSIS
"Motor Vehicle Owners' Right to Repair Act."
CURRENT VERSION OF TEXT
As introduced.
(Sponsorship Updated As Of: 6/28/2005)
An Act concerning the diagnosis, service and repair of motor vehicles and supplementing Title 56 of the Revised Statutes.
Be It Enacted by the Senate and General Assembly of the State of
1. This act shall be known and may be cited as the "Motor Vehicle Owners' Right to Repair Act."
2. The Legislature finds and declares that:
a. The ability to diagnose, service and repair a motor vehicle in a timely, reliable and affordable manner is essential to the safety and well-being of consumers in this State.
b. Consumers are entitled to choose among competing repair facilities for the convenient, reliable and affordable repair of their motor vehicles.
c. Increased competition among repair facilities will benefit vehicle owners in this State.
d. Computers of various kinds are commonly being used in motor vehicle systems, such as pollution control, transmission, antilock brakes, electronic and mechanical systems, heating and air-conditioning, sound and steering.
e. The diagnosis, service and repair of these vehicle systems are essential to the safe and proper operation of motor vehicles.
f. In many instances, access codes prevent owners from making, or having made, the necessary diagnosis, service and repair of their motor vehicles in a timely, convenient, reliable and affordable manner.
g. Vehicle owners in this State should have the right:
(1) to obtain all information necessary to provide for the diagnosis, service and repair of their vehicles;
(2) to choose between original parts and aftermarket parts when repairing their motor vehicles; and
(3) to make, or have made, repairs necessary to keep their vehicles in reasonably good and serviceable condition during the expected vehicle life.
h. The limitation of access to vehicle repair information regarding who can repair motor vehicles and what parts may be used to repair those vehicles limits consumer choice and thus limits competition.
3. As used in this act:
"Director" means the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, or his designee.
"Manufacturer" means a person engaged in the business of manufacturing, assembling or distributing motor vehicles, who will, under normal business conditions during the year, manufacture, assemble or distribute to dealers at least 10 new motor vehicles.
"Model year" means the annual production period of a manufacturer, that includes January 1st of the calendar year; or the specific calendar year if the manufacturer does not have an annual production period.
"Motor vehicle" means a passenger automobile or motorcycle as defined in R.S.39:1-1 which is purchased or leased in the State of
"Motor vehicle equipment" means any system, part, or component of a motor vehicle as originally manufactured; or any similar part or component manufactured or sold for replacement or improvement of a system, part or component or as an accessory or addition to a motor vehicle; or any device or an article of apparel (except medicine or eyeglasses prescribed by a licensed practitioner) that is not a system, part, or component of a motor vehicle and is manufactured, sold, delivered, offered, or intended to be used only to safeguard motor vehicles and highway users against risk of accident, injury, or death.
"Repair facility" means a person engaged in the repair, diagnosing or servicing of motor vehicles.
"Vehicle owner" means any person who owns, leases or otherwise has the legal right to use and possess a motor vehicle, or the agent of such person.
4. a. The manufacturer of a motor vehicle shall promptly provide to the vehicle owner, to a repair facility, and to the director for use by any vehicle owner or repair facility, the information necessary to diagnose, service or repair a motor vehicle. The information shall include:
(1) information necessary to integrate replacement equipment into the vehicle; and
(2) other information, as determined by the director, that is used to diagnose, service, repair, activate, certify or install any motor vehicle equipment in a motor vehicle.
b. (1) A manufacturer shall not be required to publicly disclose information that, if made public, would divulge methods or processes entitled to protection as trade secrets of that manufacturer, but may be required to disclose that information to the director for the purpose of determining whether that information is entitled to such protection. The determination shall be made on the record after an opportunity for an agency hearing.
(2) No information may be withheld by a manufacturer if that information is provided either directly or indirectly to franchised dealers or other repair facilities.
5. a. Not later than 180 days after the date of enactment of this act, the director shall prescribe rules setting forth a uniform method by which a manufacturer shall provide the information required by subsection a. of section 4 of this act, including disclosure in writing, on the Internet, or in any other manner, or under other terms the director determines may be appropriate. These rules shall take effect for vehicles manufactured after model year 1994.
b. The director shall not prescribe rules that:
(1) interfere with the authority of the Administrator of the Environmental Protection Agency under section 202(m) of the "Clean Air Act" (42 U.S.C. 7521(m)) with regard to motor vehicle emissions control diagnostics systems; or
(2) conflict with rules prescribed by the administrator under that section.
6. Any person who violates any of the provisions of this act, in addition to any other penalty provided by law, shall be liable for a penalty of not more than $10,000 for the first offense and not more than $20,000 for the second and each subsequent offense.
A vehicle owner or repair facility may bring a civil action to enjoin a violation of this act and to recover the costs of litigation including reasonable attorney and expert witness fees.
7. This act shall take effect on the 180th day following enactment.
STATEMENT
This bill provides that motor vehicle manufacturers shall be responsible for providing to vehicle owners, repair facilities and the Director of the Division of Consumer Affairs in the Department of Law and Public Safety, information necessary to diagnose, service or repair a motor vehicle. The information shall include information necessary to integrate replacement equipment into the vehicle and any other information of any kind used to diagnose, service, repair, activate, certify or install any motor vehicle equipment in a motor vehicle.
However, a manufacturer shall not be required to disclose information that, if made public, would reveal trade secret information.
The director shall establish a uniform method by which a manufacturer shall provide the necessary diagnostic and repair information to vehicle owners.
A violation of this bill shall result in a penalty of not more than $10,000 for the first offense and not more than $20,000 for the second and each subsequent offense. A vehicle owner or repair facility may also bring a civil action to enjoin a violation of this act and to recover the costs of litigation including reasonable attorney and expert witness fees.