Existing law regulates trade practices and other commercial activities. (Title 52 of NRS) Section 26 of this bill: (1) requires an original equipment manufacturer of equipment, which is defined by section 7.5 of this bill to mean a mobility device designed for a person with a physical disability, including, without limitation, a powered wheelchair, manual wheelchair, mobility scooter or power assist device for a manual wheelchair, to make available to any independent repair provider or owner of the equipment, on fair and reasonable terms, certain documentation, parts and tools required for the diagnosis, maintenance or repair of the equipment; and (2) sets forth the circumstances under which documentation, parts and tools are made available on fair and reasonable terms. Section 3 of this bill defines “authorized repair provider” to mean a person operating in this State who is not affiliated with an original equipment manufacturer and who has an arrangement with an original equipment manufacturer to use a proprietary identifier of the original equipment manufacturer to offer the services of diagnosis, maintenance or repair of the manufacturer's equipment. Section 8 of this bill defines “independent repair provider” to mean: (1) a person operating in this State who is engaged in the services of diagnosis, maintenance or repair of equipment and who does not have an arrangement with an original equipment manufacturer as an authorized repair provider; or (2) an original equipment manufacturer or an authorized repair provider of such a manufacturer who engages in the services of diagnosis, maintenance or repair of equipment that is not manufactured, sold or supplied by the manufacturer.
Section 25 of this bill provides that an original equipment manufacturer is considered an authorized repair provider if, in the regular course of business, the original equipment manufacturer offers to an owner the services of diagnosis, maintenance or repair of its own equipment.
Section 28 of this bill prohibits an original equipment manufacturer from: (1) retaliating against an authorized repair provider for providing or selling, or hindering the ability of an authorized repair provider to provide or sell, documentation, parts or tools pursuant to the provisions of this bill; or (2) conditioning or imposing an obligation or restriction that is not reasonably necessary to enable an independent repair provider or owner of equipment to diagnose, maintain or repair equipment. Section 28 also prohibits an original equipment manufacturer from using certain mechanisms to: (1) prevent an independent repair provider or an owner from installing or enabling the function of an otherwise functional replacement part or component of equipment; (2) reduce the functionality or performance of equipment; or (3) cause equipment to display misleading alerts or warnings about unidentified parts which the owner cannot immediately dismiss.
Section 30 of this bill sets forth certain limitations on the construction of the provisions of this bill. Section 31 of this bill exempts an original equipment manufacturer and authorized repair provider from liability for damage or injury caused to any equipment, person or property which occurs as a result of the diagnosis, maintenance, repair or modification of equipment performed by an owner or independent repair provider.
Section 32.5 of this bill provides that a violation of the provisions of this bill constitutes a deceptive trade practice, thereby subjecting a person who commits such a violation to certain civil and criminal penalties.
Sections 3-22 of this bill define various terms for the purposes of this bill.