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SECOND REGULAR SESSION
HOUSE BILL NO. 1660
103RD GENERAL ASSEMBL Y
INTRODUCED BY REPRESENT A TIVE SEITZ.
3884H.01I JOSEPH ENGLER, Chief Clerk
AN ACT
T o 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 rep air pr ovider", an individual or business who has an
3 arrangement with the original equipment manufactur er under which the original
4 equipment manufactur er grants to the individual or business a license to use a trade
5 name, service mark, or other prop rietary identifier for the purposes of offering the
6 services of diagnosis, maintenance, or rep air of a motor cycle under the name of the
7 original equipment manufactur er , or other arrangement with the original equipment
8 manufactur er to offer such services on behalf of the original equipment manufactur er .
9 An original equipment manufactur er who offers the services of diagnosis, maintenance,
10 or r epair of its own motorcy cle and who does not have an arrangement with an
11 unaffiliated individual or business shall be considere d an authorized rep air provi der
12 with res pect to motorcy cles;
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 repa ir of a
16 motor cycle;
EXPLANA TION — 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.
17 (3) "Fair and re asonable terms", making available parts, tools, or
1 8 documentation as follows:
19 (a) That documentation is made available by the original equipment
2 0 manufactur er at no charge, except when the documentation is reque sted in physical
21 printed form, a charge may be included for the r easonable, actual costs of pr eparing
22 and sending the copy;
23 (b) That tools ar e made available by the original equipment manufactur er at no
24 charge and without requi ring 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 r epair and enable full functionality of digital motor cycle equipment, or in a manner that
27 impairs the efficient and cost-effective performance of any such diagnosis, maintenance,
28 or r epair , except that when the tool is requ ested in physical form, a charge may be
29 included for the rea sonable, actual costs of pr eparing and sending the tool; and
30 (c) That parts are made available by the original equipment manufactur er ,
31 either dir ectly or thr ough an authorized repai r pr ovider , to independent rep air
32 pr oviders and owners at costs and terms that are equivalent to the most favorable costs
33 and terms under which an original equipment manufactur er offers the parts to an
34 authorized rep air pr ovider and that:
35 a. Accounts for any discount, reba te, and convenient and timely means of
36 delivery; means of enabling fully res tor ed and updated functionality , rights of use, or
37 other incentive and pr efer ence the original manufactur er offers to an authorized rep air
38 pr ovider; or any additional cost, burden, or impediment the original equipment
39 manufactur er imposes on an owner or independent re pair prov ider;
40 b. Is not conditioned on or imposing a substantial obligation or re striction that is
41 not r easonably necessary for enabling the owner or independent r epair pr ovider to
42 engage in the diagnosis, maintenance, or r epair of equipment made by or on behalf of
43 the original equipment manufactur er; and
44 c. Is not conditioned on an arrangement with the original equipment
45 manufactur er;
46 (4) "Independent repair pr ovider", an individual or business operating in this
47 state that is unaffiliated with an original equipment manufactur er that is engaged in the
48 services of diagnosis, maintenance, or rep air of motor cycles;
49 (5) "Motor cycle", a motor cycle as defined in section 300.010, excluding any
50 equipment not primarily designed for use on highways;
51 (6) "Original equipment manufactur er", a business engaged in the business of
52 selling, leasing, or otherwise supplying new motor cycles manufactur ed by , or on behalf
53 of itself, to any individual or business;
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54 (7) "Owner", an individual or business that owns or leases a motor cycle
55 pur chased or used in this state;
56 (8) "Part", any repl acement part, either new or used, made available by an
57 original equipment manufactur er for purposes of effecting the services of maintenance
58 or re pair of a motorc ycle manufactur ed by or on behalf of, sold, or otherwise supplied
59 by the original equipment manufactur er;
60 (9) "T ool", any software pr ogram, hardwar e implement, or other apparatus
61 used for diagnosis, maintenance, or re pair of a motorcy cle, including softwar e or other
62 mechanisms that prov ision, prog ram, or pair a new part, calibrate functionality , or
63 perform any other function r equir ed to bring the prod uct back to fully functional
64 condition, including any updates;
65 (10) "T rade secr et", the same meaning as such term is defined in section 417.453.
66 2. (1) For motor cycles and parts for motor cycles that ar e sold or used in this
67 state, an original equipment manufactur er shall make available to any independent
68 r epair pr ovider and owner of a motorc ycle manufactur ed by or on behalf of, or sold by
69 such original equipment manufacturer , on fair and r easonable terms, any
7 0 documentation, parts, and tools requi red for the diagnosis, maintenance, or rep air of
71 such a motor cycle and parts for the motorc ycle, inclusive of any updates to information.
72 The documentation, parts, and tools shall be made available either dir ectly by the
73 original equipment manufactur er or via an authorized r epair pro vider .
74 (2) For equipment that contains a motor cycle security lock or other security-
75 r elated function, the original equipment manufactur er shall make available to any
76 owner and independent rep air pr ovider , on fair and rea sonable terms, any special
77 documentation, tools, and parts needed to access and res et the lock or function when
78 disabled in the course of diagnosis, maintenance, or repai r of the motor cycle. The
79 documentation, tools, and parts may be made available thr ough appr opriate secure-
80 r elease systems.
81 3. Wi th r espect to equipment that contains an electr onic security lock or other
82 security-r elated function, a manufactur er shall, with fair and r easonable terms and
83 costs, make available to independent repai r prov iders and owners any documentation,
84 parts, embedded softwar e, firmwar e, or tools, or , with owner authorization, data needed
85 to res et the lock or function when disabled in the course of prov iding services. The
86 manufactur er may make the documentation, parts, embedded softwar e, firmwar e,
87 or tools, or , with owner authorization, data available to independent r epair pr oviders
88 and owners thr ough appr opriate secure release systems.
89 4. V iolation of this section is an unlawful practice under sections 407.010 to
90 407.130 of the mer chandising practices act. All rem edies, penalties, and authority
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91 granted to the attorney general under sections 407.010 to 407.130 shall be available for
92 the enforcem ent of this section.
93 5. (1) Nothing in this section shall req uire an original equipment manufactur er
94 to divulge any trade secr et to any owner or independent service pro vider .
95 (2) Nothing in this section shall alter the terms of any arrangement in for ce
96 between an authorized rep air pr ovider and an original equipment manufactur er
97 including, but not limited to, the performance or pr ovision of warranty or re call rep air
98 work by an authorized r epair provid er on behalf of an original equipment
9 9 manufactur er and pursuant to such arrangement, except that any pr ovision in the
100 terms that purports to waive, avoid, r estrict, or limit the original equipment
10 1 manufactur er's obligations to comply with this section shall be void and unenfor ceable.
102 (3) Nothing in this section shall be construed to r equir e a manufactur er to make
103 available special documentation, tools, and parts that would disable or override
104 antitheft security measur es set by the owner of the pr oduct without the owner's
105 authorization.
106 (4) No original equipment manufactur er or authorized repai r prov ider shall be
107 liable for any damage or injury caused to any motor cycle by an independent rep air
108 pr ovider or owner that occurs during the course of rep air , diagnosis, or maintenance.
109 6. This section shall apply with r espect to motor cycles sold or in use on or after
110 January 1, 2027.
111 7. The enactment of this section shall become effective January 1, 2027.
✔
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