Bill Text: OR HB3243 | 2011 | Regular Session | Introduced

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Bill Title: Relating to data in motor vehicles.

Sponsorship: Bipartisan Bill

Status: (Failed) 2011-06-30 - In committee upon adjournment. [HB3243 Detail]

Download: Oregon-2011-HB3243-Introduced.html

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     76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session

NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .

LC 3154

                         House Bill 3243

Sponsored by Representative FREEMAN, Senator STARR;
  Representatives BREWER, DOHERTY, ESQUIVEL, FREDERICK, HANNA,
  HOYLE, JOHNSON, KENNEMER, LINDSAY, MCLANE, OLSON, SCHAUFLER, J
  SMITH, SPRENGER, Senators EDWARDS, KRUSE

                             SUMMARY

The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.

  Declares that data used to diagnose, maintain or repair motor
vehicles that is created, collected or contained in motor vehicle
is exclusively owned by motor vehicle owner. Requires
manufacturer of motor vehicle to make tools, information,
software and wireless capabilities and any other means to
activate, code or program electronic controls, and modules used
to diagnose, maintain or repair motor vehicle, available to
owner, owner's designee and vehicle repair shop.
  Creates cause of action against manufacturer for violation.
Allows award of attorney fees and costs.

                        A BILL FOR AN ACT
Relating to data in motor vehicles.
Be It Enacted by the People of the State of Oregon:
  SECTION 1.  { + As used in sections 1 to 6 of this 2011 Act:
  (1) 'Data' means information created, collected or contained in
a computer, module or other device that is part of a motor
vehicle and that is used to diagnose, maintain or repair the
motor vehicle.
  (2) 'Franchisee' has the meaning given that term in ORS
650.120.
  (3)(a) 'Manufacturer' means an individual, corporation,
partnership, association, limited liability company or other
business entity that manufactures or assembles motor vehicles
which, when completed, are owned by the manufacturer.
  (b) 'Manufacturer' does not include a manufacturer that sold
less than 200 new motor vehicles through one or more franchisees
in this state in the previous calendar year.
  (4) 'Motor vehicle' means a self-propelled device that is used
to transport persons or property upon a public highway and that
is primarily manufactured for personal, family or household
purposes.
  (5)(a) 'Owner' means a person with legal authority or apparent
legal authority to make decisions concerning the maintenance or
repair of a motor vehicle.
  (b) 'Owner' does not include a lessor or a financial
institution that has an ownership interest in a motor vehicle

exclusively as a result of providing financing for the purchase
of the motor vehicle.
  (6) 'Owner's designee' means a person who has received
permission from the owner of a motor vehicle to make decisions
concerning the repair or maintenance of the motor vehicle and who
has expressly or impliedly been given the owner's consent to
retrieve or use data created, collected or contained in the
owner's motor vehicle.
  (7) 'Trade secret' has the meaning given that term in ORS
646.461.
  (8) 'Vehicle repair shop' has the meaning given that term in
ORS 646A.480. + }
  SECTION 2.  { + Except as provided in ORS 105.925 to
105.945: + }
   { +  (1) Data is exclusively owned by the owner of the motor
vehicle from which the data was created or collected or in which
it is contained, and may not be retrieved or used by a person
other than the owner of the motor vehicle without the consent of
the owner.
  (2) If a motor vehicle is owned by more than one person, only
one of the owners must consent to the retrieval or use of the
data to diagnose, maintain or repair the motor vehicle.
  (3) Data collected by the motor vehicle from outside sources
using the Internet or other technologies for exchanging
information and that is used for purposes other than to diagnose,
maintain or repair a motor vehicle is not owned by the owner of
the motor vehicle. + }
  SECTION 3.  { + (1) A manufacturer shall make available to an
owner, an owner's designee and a vehicle repair shop located in
this state the tools, information, software and wireless
capabilities, and any other means to activate, code or program
the electronic controls and modules used to diagnose, maintain or
repair a motor vehicle, including but not limited to the same
tools, information, software and wireless capabilities and any
other means that are made available to the manufacturer's
franchisees in this state to activate, code or program the
electronic controls and modules used to diagnose, maintain or
repair a motor vehicle.
  (2) The manufacturer shall make the tools, information,
software and wireless capabilities and any other means provided
under subsection (1) of this section available to an owner, an
owner's designee and a vehicle repair shop in this state in the
same manner and at the same price that the manufacturer makes the
tools, information, software and wireless capabilities available
to a vehicle repair shop that is owned by the manufacturer or the
manufacturer's franchisee. + }
  SECTION 4.  { + (1) An owner, owner's designee or a vehicle
repair shop in this state that has suffered any ascertainable
loss as a result of a manufacturer's violation of any provision
of sections 1 to 6 of this 2011 Act shall have a cause of action
against the manufacturer.
  (2) If an owner, owner's designee or vehicle repair shop
prevails in an action brought pursuant to subsection (1) of this
section, the court may award reasonable attorney fees and costs
to a prevailing owner, owner's designee or vehicle repair shop.
  (3) The remedy provided in this section is in addition to any
other remedy, civil or criminal, that may be available under any
other provision of law. + }
  SECTION 5.  { + (1) Sections 1 to 6 of this 2011 Act may not be
construed to abrogate, interfere with, contradict or alter the
relationship between a manufacturer and a franchisee, including
but not limited to a provision that a franchisee has the
exclusive right to diagnose or repair a motor vehicle under a
manufacturer's written warranty or recall repair work.
  (2) Any provision in an agreement between a manufacturer and a
franchisee that waives, avoids, restricts or limits a
manufacturer's compliance with sections 1 to 6 of this 2011 Act
is contrary to public policy and is void and unenforceable. + }
  SECTION 6.  { + Sections 1 to 6 of this 2011 Act do not apply
to:
  (1) Tools, information, software and wireless capabilities and
any other means to activate, code or program the electronic
controls and modules used to diagnose, maintain or repair a motor
vehicle that are trade secrets of a manufacturer unless the
tools, information, software and wireless capabilities and any
other means are provided, directly or indirectly, to a
franchisee.
  (2) Motor vehicle emissions control diagnostics systems that
are regulated by the Environmental Protection Agency pursuant to
section 202 of the Clean Air Act (42 U.S.C. 7521). + }
  SECTION 7.  { + Sections 1 to 6 of this 2011 Act apply to data
created, collected or contained in motor vehicles on or after the
effective date of this 2011 Act. + }
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