HOUSE BILL NO. 1660 103RD GENERAL ASSEMBLY
INTRODUCED BY REPRESENTATIVE SEITZ.
3884H.01I JOSEPH ENGLER, Chief Clerk
AN ACT To amend chapter 407, RSMo, by adding thereto one new section relating to the right to repair motorcycles, with a penalty provision.
Be it enacted by the General Assembly of the state of Missouri, as follows:
Section A. Chapter 407, RSMo, is amended by adding thereto one new section, to be 2 known as section 407.645, to read as follows: 407.645. 1. As used in this section, the following terms mean: 2 (1) "Authorized repair provider", an individual or business who has an 3 arrangement with the original equipment manufacturer under which the original 4 equipment manufacturer grants to the individual or business a license to use a trade 5 name, service mark, or other proprietary identifier for the purposes of offering the 6 services of diagnosis, maintenance, or repair of a motorcycle under the name of the 7 original equipment manufacturer, or other arrangement with the original equipment 8 manufacturer to offer such services on behalf of the original equipment manufacturer. 9 An original equipment manufacturer who offers the services of diagnosis, maintenance, 10 or repair of its own motorcycle and who does not have an arrangement with an 11 unaffiliated individual or business shall be considered an authorized repair provider 12 with respect to motorcycles; 13 (2) "Documentation", any manual, diagram, reporting output, service code 14 description, schematic diagram, security codes, passwords, or other guidance or 15 information used in effecting the services of diagnosis, maintenance, or repair of a 16 motorcycle;
EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. HB 1660 2
17 (3) "Fair and reasonable terms", making available parts, tools, or 18 documentation as follows: 19 (a) That documentation is made available by the original equipment 20 manufacturer at no charge, except when the documentation is requested in physical 21 printed form, a charge may be included for the reasonable, actual costs of preparing 22 and sending the copy; 23 (b) That tools are made available by the original equipment manufacturer at no 24 charge and without requiring authorization or internet access for use or operation of the 25 tool, or imposing impediments to access or use of the tools to diagnose, maintain, or 26 repair and enable full functionality of digital motorcycle equipment, or in a manner that 27 impairs the efficient and cost-effective performance of any such diagnosis, maintenance, 28 or repair, except that when the tool is requested in physical form, a charge may be 29 included for the reasonable, actual costs of preparing and sending the tool; and 30 (c) That parts are made available by the original equipment manufacturer, 31 either directly or through an authorized repair provider, to independent repair 32 providers and owners at costs and terms that are equivalent to the most favorable costs 33 and terms under which an original equipment manufacturer offers the parts to an 34 authorized repair provider and that: 35 a. Accounts for any discount, rebate, and convenient and timely means of 36 delivery; means of enabling fully restored and updated functionality, rights of use, or 37 other incentive and preference the original manufacturer offers to an authorized repair 38 provider; or any additional cost, burden, or impediment the original equipment 39 manufacturer imposes on an owner or independent repair provider; 40 b. Is not conditioned on or imposing a substantial obligation or restriction that is 41 not reasonably necessary for enabling the owner or independent repair provider to 42 engage in the diagnosis, maintenance, or repair of equipment made by or on behalf of 43 the original equipment manufacturer; and 44 c. Is not conditioned on an arrangement with the original equipment 45 manufacturer; 46 (4) "Independent repair provider", an individual or business operating in this 47 state that is unaffiliated with an original equipment manufacturer that is engaged in the 48 services of diagnosis, maintenance, or repair of motorcycles; 49 (5) "Motorcycle", a motorcycle as defined in section 300.010, excluding any 50 equipment not primarily designed for use on highways; 51 (6) "Original equipment manufacturer", a business engaged in the business of 52 selling, leasing, or otherwise supplying new motorcycles manufactured by, or on behalf 53 of itself, to any individual or business; HB 1660 3
54 (7) "Owner", an individual or business that owns or leases a motorcycle 55 purchased or used in this state; 56 (8) "Part", any replacement part, either new or used, made available by an 57 original equipment manufacturer for purposes of effecting the services of maintenance 58 or repair of a motorcycle manufactured by or on behalf of, sold, or otherwise supplied 59 by the original equipment manufacturer; 60 (9) "Tool", any software program, hardware implement, or other apparatus 61 used for diagnosis, maintenance, or repair of a motorcycle, including software or other 62 mechanisms that provision, program, or pair a new part, calibrate functionality, or 63 perform any other function required to bring the product back to fully functional 64 condition, including any updates; 65 (10) "Trade secret", the same meaning as such term is defined in section 417.453. 66 2. (1) For motorcycles and parts for motorcycles that are sold or used in this 67 state, an original equipment manufacturer shall make available to any independent 68 repair provider and owner of a motorcycle manufactured by or on behalf of, or sold by 69 such original equipment manufacturer, on fair and reasonable terms, any 70 documentation, parts, and tools required for the diagnosis, maintenance, or repair of 71 such a motorcycle and parts for the motorcycle, inclusive of any updates to information. 72 The documentation, parts, and tools shall be made available either directly by the 73 original equipment manufacturer or via an authorized repair provider. 74 (2) For equipment that contains a motorcycle security lock or other security- 75 related function, the original equipment manufacturer shall make available to any 76 owner and independent repair provider, on fair and reasonable terms, any special 77 documentation, tools, and parts needed to access and reset the lock or function when 78 disabled in the course of diagnosis, maintenance, or repair of the motorcycle. The 79 documentation, tools, and parts may be made available through appropriate secure- 80 release systems. 81 3. With respect to equipment that contains an electronic security lock or other 82 security-related function, a manufacturer shall, with fair and reasonable terms and 83 costs, make available to independent repair providers and owners any documentation, 84 parts, embedded software, firmware, or tools, or, with owner authorization, data needed 85 to reset the lock or function when disabled in the course of providing services. The 86 manufacturer may make the documentation, parts, embedded software, firmware, 87 or tools, or, with owner authorization, data available to independent repair providers 88 and owners through appropriate secure release systems. 89 4. Violation of this section is an unlawful practice under sections 407.010 to 90 407.130 of the merchandising practices act. All remedies, penalties, and authority HB 1660 4
91 granted to the attorney general under sections 407.010 to 407.130 shall be available for 92 the enforcement of this section. 93 5. (1) Nothing in this section shall require an original equipment manufacturer 94 to divulge any trade secret to any owner or independent service provider. 95 (2) Nothing in this section shall alter the terms of any arrangement in force 96 between an authorized repair provider and an original equipment manufacturer 97 including, but not limited to, the performance or provision of warranty or recall repair 98 work by an authorized repair provider on behalf of an original equipment 99 manufacturer and pursuant to such arrangement, except that any provision in the 100 terms that purports to waive, avoid, restrict, or limit the original equipment 101 manufacturer's obligations to comply with this section shall be void and unenforceable. 102 (3) Nothing in this section shall be construed to require a manufacturer to make 103 available special documentation, tools, and parts that would disable or override 104 antitheft security measures set by the owner of the product without the owner's 105 authorization. 106 (4) No original equipment manufacturer or authorized repair provider shall be 107 liable for any damage or injury caused to any motorcycle by an independent repair 108 provider or owner that occurs during the course of repair, diagnosis, or maintenance. 109 6. This section shall apply with respect to motorcycles sold or in use on or after 110 January 1, 2027. 111 7. The enactment of this section shall become effective January 1, 2027. ✔
Statutes affected: