A national automakers association filed a federal lawsuit Friday seeking to halt implementation of Maine’s “right to repair” law that took effect earlier this month, claiming that Maine has not held up its end of the bargain and that the manufacturers cannot comply with the law.

The law, which more than 80% of Maine voters supported in November 2023, allows car owners to seek mechanical diagnostic information gathered by a vehicle’s telematics system and to authorize an independent repair shop to use the information.

As of Jan. 5, vehicle manufacturers are now required to provide access to the data “through a mobile-based application” to an “inter-operable, standardized and owner-authorized access platform across all of the manufacturer’s makes and models.”

Any vehicle owner or repair shop that is denied access to the data may file a civil lawsuit seeking damages of at least $10,000.

The law also requires Maine’s attorney general to create an independent entity to administer access to the vehicle data.

But according to the Alliance for Automotive Innovation, which opposed the law, that  “independent entity” has not been created.

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“Vehicle manufacturers cannot even begin to attempt to comply with requirements that have not yet been established by an entity that does not yet exist,” the alliance said in the suit, which alleges that enforcement of the law is “unconstitutional and unlawful” and that the law itself is “unconstitutionally vague.”

The Alliance for Automotive Innovation is asking the court to prohibit the attorney general from enforcing the law until the relevant bodies have been formed and automakers have had the opportunity to implement the “standardized access” platform. It is also seeking a declaration that compliance with the law is impossible, that the law is unconstitutionally vague and that the attorney general cannot currently enforce the law.

“This is an example of putting the cart before the horse,” the group said in a statement. “Compliance with the law right now is not possible.”

The Maine Right to Repair Coalition led the ballot initiative to make all vehicle repair and maintenance data accessible to car owners and authorized repair shops.

Auto manufacturers gather information on the vehicles through wireless data, but as vehicles have grown more computerized, supporters say some data is being withheld from consumers, independent operators and after-market companies.

But the automakers group says “right to repair” is a misnomer, that Mainers can have their car repaired by any shop they choose and that any necessary diagnostic data is already available to repair shops.

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Supporters of the law argue that the data is only accessible through cost-prohibitive equipment and repair programs that are unique to each car maker.

Vehicle manufacturers, however, say that’s necessary.

“Unauthorized access to that data, and to the secured vehicle systems that generate that data, could, in the wrong hands, spell disaster,” the group said in the lawsuit.

The hardware- and software-based security measures in the vehicles “are intended to ensure that … nefarious actors cannot remotely access or alter vehicle systems and data that control safety-critical functions, such as acceleration, braking, steering and airbag deployment.”

Tommy Hickey, director of Maine Right to Repair, called the alliance’s claims “false” and an attempt “to tie this up in court so they can continue to profit off the monopoly that they have,” he said.

The law clearly calls on manufacturers to equip their cars with the necessary platform, and they’ve proven they are capable of doing so, Hickey said. 

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The requirement is separate and distinct from the required “independent entity,” which was designed to assist the attorney general in enforcing the law “when the manufacturers do what they’re continuing to do … throwing up their hands saying we can’t do it.” 

The entity is not necessary for the manufacturers to hold up their end of the bargain, he said, adding that the right to repair group is “disappointed and frustrated.” 

“We stand ready to assist the attorney general in defending what 84% of Mainers voted for,” he said.

The Office of the Maine Attorney General has been consulting with a working group — made up of independent repair operators, dealers, manufacturers and other industry representatives — to figure out how the law will be enforced.

The group plans to finalize its recommendations in the next week, but the final report is not due to the Legislature until Feb. 28.

A spokesperson for the attorney general’s office said the agency does not comment on pending litigation.

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