THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY J. TAYLOR, BROWN, DONATUCCI, JOSEPHS, KOTIK, METZGAR, M. O'BRIEN, PAYTON, PERZEL, READSHAW, SAYLOR, SCAVELLO, SONNEY, STEVENSON, VEREB, WATSON AND YOUNGBLOOD, APRIL 12, 2010

REFERRED TO COMMITTEE ON CONSUMER AFFAIRS, APRIL 12, 2010  

AN ACT

Providing for disclosure of motor vehicle information and for

duties of the Bureau of Consumer Protection.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Short title.

This act shall be known and may be cited as the Access to

Motor Vehicle Information Act.

Section 2.  Findings and purpose.

The General Assembly finds as follows:

(1)  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

Commonwealth.

(2)  Consumers are entitled to choose among competing

repair facilities for the convenient, reliable and affordable

repair of their motor vehicles.

(3)  Increased competition among repair facilities will

benefit vehicle owners in this Commonwealth.

(4)  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.

(5)  The diagnosis, service and repair of these vehicle

systems are essential to the safe and proper operation of

motor vehicles.

(6)  In many instances, access codes prevent an owner

from making, or having made, the necessary diagnosis, service

and repair of a motor vehicle in a timely, convenient,

reliable and affordable manner.

(7)  Vehicle owners in this Commonwealth should have the

right:

(i)  to obtain all information necessary to provide

for the diagnosis, service and repair of their vehicles;

(ii)  to choose between original parts and

aftermarket parts when repairing their motor vehicles;

and

(iii)  to make, or have made, repairs necessary to

keep their vehicles in reasonably good and serviceable

condition during the expected vehicle life.

(8)  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.

Section 3.  Definitions.

The following words and phrases when used in this act shall

have the meanings given to them in this section unless the

context clearly indicates otherwise:

"Bureau."  The Bureau of Consumer Protection in the Office of

Attorney General.

"Manufacturer."  A person who does the following:

(1)  Engages in the business of manufacturing or

assembling new and unused motor vehicles.

(2)  Engages in the business of importing new and unused

motor vehicles into the United States.

(3)  Engages in the business of selling or distributing

new and unused motor vehicles to motor vehicle dealers in

this Commonwealth.

"Model year."  The annual production period of a

manufacturer, that includes January 1 of the calendar year, or

the specific calendar year if the manufacturer does not have an

annual production period.

"Motor vehicle."  A self-propelled, motorized conveyance

driven or drawn upon public roads, streets or highways that is

designed to transport not more than 15 persons and that is

purchased or leased in this Commonwealth or is registered by the

Department of Transportation.

"Motor vehicle equipment."  Includes the following:

(1)  a system, part or component of a motor vehicle as

originally manufactured;

(2)  a 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

(3)  a device or 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."  A person who, for compensation, engages

in the business of diagnosing or repairing malfunctions of or

damage to motor vehicles or who performs maintenance service on

motor vehicles, including, but not limited to, auto body shops

and retail stores that offer automotive services, motor vehicle

dealers who provide or offer automotive repairs and services and

businesses that specialize in automotive repairs and services.

The term shall not include the Federal and State Government and

agencies, departments and political divisions of the Federal or

State Government. The term also shall exclude an establishment

that repairs, services and maintains vehicles for the exclusive

use of its employees.

"Vehicle owner."  A person who owns, leases or otherwise has

the legal right to use and possess a motor vehicle or the agent

of the person.

Section 4.  Manufacturer duties.

(a)  Vehicle information.--The manufacturer of a motor

vehicle shall provide to a motor vehicle owner, to a repair

facility and to the bureau any information relating to the

diagnosis, service or maintenance of a motor vehicle. The

information, which shall be provided on a timely and

nondiscriminatory basis, shall include:

(1)  any information necessary to integrate replacement

motor vehicle equipment into the motor vehicle; and

(2)  any other information as determined by the bureau

that is necessary to diagnose, service, repair, activate,

certify or install any motor vehicle equipment in a motor

vehicle or motor vehicle system.

(b)  Trade secrets.--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 bureau for the purpose of determining

whether the information is entitled to protection. The

determination shall be made on the record after an opportunity

for a bureau hearing.

(c)  Required disclosure.--No information may be withheld by

a manufacturer if that information is provided either directly

or indirectly to franchised dealers, authorized service

providers or other service providers or repair facilities.

Section 5.  Method for providing vehicle information.

(a)  Rules.--Not later than 180 days after the effective date

of this act, the bureau shall prescribe rules setting forth a

uniform method by which a manufacturer shall provide the

information required under this act, including disclosure in

writing, on the Internet or in any other manner, or under other

terms that the director determines may be appropriate. These

rules shall apply to vehicles manufactured after model year

1994.

(b)  Limitations.--The bureau shall not prescribe rules that:

(1)  interfere with the authority of the Environmental

Protection Agency under section 202(m) of the Clean Air Act

(69 Stat. 322, 42 U.S.C. § 7521(m)) with regard to motor

vehicle emissions control diagnostics systems; or

(2)  conflict with rules prescribed by the Environmental

Protection Agency under section 202(m).

Section 6.  Penalties.

(a)  Fine.--An entity that violates any of the provisions of

this act, in addition to any other penalty provided by law,

shall be liable for a fine of not more than $1,000 for the first

offense and not more than $3,000 for the second and each

subsequent offense.

(b)  Civil action.--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.

Section 7.  Effective date.

This act shall take effect in 30 days.