Concerns right to repair farm equipment and lawn mowers.

A1311

ASSEMBLY, No. 1311

STATE OF NEW JERSEY

222nd LEGISLATURE

�

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Assemblyman CODY D. MILLER

District 4 (Atlantic, Camden and Gloucester)

Assemblyman MICHAEL INGANAMORT

District 24 (Morris, Sussex and Warren)

Co-Sponsored by:

Assemblyman Hutchison

SYNOPSIS

���� Concerns right to repair farm equipment and lawn
mowers.

CURRENT VERSION OF TEXT

���� Introduced Pending Technical Review by Legislative
Counsel.

��

An Act

concerning the repair of certain equipment and
supplementing Title 56 of the Revised Statutes.

����
Be It
Enacted
by the Senate and General Assembly of
the State of New Jersey:

���� 1.��� As used in this act:

���� �Authorized repair provider�
means a person or entity that has an arrangement for a definite or indefinite
period in which a manufacturer grants to a separate person or entity a license
to use a tradename, service mark, or related characteristic for purposes of
offering repair services under the name of the manufacturer.

���� �Embedded software� means any
programmable instructions provided on firmware, and all relevant patches and
fixes made by the manufacturer, delivered with farm equipment or a lawn mower
and used for its operation.� �Embedded software� includes a basic internal
operating system, an internal operating system, a machine code, an assembly
code, a root code, a microcode, and other similar components.

���� �Fair and reasonable terms�
means an equitable price in light of relevant factors including, but not
limited to: (1) the net cost to the authorized repair provider for similar
information obtained from a manufacturer, less any discounts, rebates, or other
incentive programs; (2) the cost to the manufacturer for preparing and
distributing the information, including amortized capital costs for the
preparation and distribution of the information, but excluding any research and
development costs incurred in designing and implementing, upgrading, or
altering the product; (3) the price charged by other manufacturers for similar
information; (4) the price charged by other manufacturers for similar
information prior to the launch of manufacturer websites; (5) the ability of
aftermarket facilities or providers to afford the information; (6) the means by
which the information is distributed; (7) the extent to which the information
is used, which includes the number of users and the frequency, duration, and
volume of use; and (8) inflation.

���� �Farm equipment� means
equipment that is used or intended for use in a farm or ranch operation,
including a combine, farm tractor as defined in R.S.39:1-1, implement, engine,
motor, or attachment, but excluding a motor vehicle designed primarily for transporting
persons or property on public roadways.

���� �Firmware� means a software
program or set of instructions programmed on a hardware device to allow the
device to communicate with other computer hardware.

���� �Independent repair provider�
means a person or business operating in the State that is not affiliated with a
manufacturer or its authorized repair provider, which is engaged in the
diagnosis, service, maintenance, or repair of farm equipment or lawn mowers.�
An �independent repair provider� includes a manufacturer when it engages in the
diagnosis, service, maintenance, or repair of farm equipment or lawn mowers
that are not affiliated with the original manufacturer.

���� �Manufacturer� means a person
or business engaged in the manufacturing or assembling of new farm equipment or
lawn mowers, and engaged in the selling or leasing of new farm equipment or
lawn mowers or the diagnosis, service, maintenance, or repair of farm equipment
or lawn mowers.

���� �Owner� means a person who
owns or leases farm equipment or lawn mowers in this State.

���� �Part� means any replacement
part, whether new or used, made available by a manufacturer to an authorized
repair provider for purposes of effecting repair.

���� �Trade Secret� means the same
as defined in 18 U.S.C. s.1839(3).

���� 2.��� a.�� A manufacturer of
farm equipment or lawn mowers sold, offered for sale, or used in this State
shall make available:

���� (1)�� to any independent
repair provider or owner of farm equipment or lawn mowers manufactured by that
manufacturer, the same diagnostic, service, or repair documentation, including
repair technical updates and updates and corrections to embedded software, at
no charge or in the same manner and in the same timeframe as the manufacturer
makes diagnostic, service, or repair documentation available to an authorized
repair provider; and

���� (2)�� farm equipment, lawn
mowers, or service parts, including any updates to the embedded software, for
purchase by the owner, an authorized agent, or any independent repair provider
under fair and reasonable terms.

���� A manufacturer shall not be
required to sell farm equipment, lawn mowers, or service parts if the parts are
no longer available to the manufacturer or an authorized repair provider.

���� b.��� A manufacturer that
sells farm equipment or lawn mower diagnostic, service, or repair documentation
to an independent repair provider or owner in a format that is standardized
with other manufacturers, and on terms and conditions more favorable than those
in which the authorized repair provider obtains the same documentation, shall
be prohibited from requiring an authorized repair provider to continue
purchasing the documentation in a proprietary format unless the proprietary
format includes diagnostic, service, or repair documentation or functionality
that is not available in a standardized format.

���� c.���� A manufacturer of farm
equipment or lawn mowers sold, offered for sale, or used in this State shall
make available for purchase by independent repair providers and owners all
diagnostic repair tools incorporating the same diagnostic, repair, and remote
communications capabilities that the manufacturer makes available to its own
repair or engineering staff or any authorized repair provider. �A manufacturer
shall offer tools for sale to an independent repair provider or owner under
fair and reasonable terms.

���� A manufacturer that provides
diagnostic, service, or repair documentation to aftermarket diagnostic tool
manufacturers, diagnostics providers, or service information publications and
systems shall have fully satisfied its obligations under this subsection and
shall not be responsible for the content and functionality of aftermarket
diagnostic tools, diagnostics, or service information systems.

���� d.��� A manufacturer selling
or offering for sale in this State farm equipment or lawn mowers with
security-related functions shall include diagnostic, service, and repair
documentation necessary to reset a security-related electronic function from
information provided to an independent repair provider or owner. If excluded
during the transaction, the manufacturer shall provide the documentation
necessary to reset an immobilizer system or security-related electronic module
to an independent repair provider or owner through the appropriate secure data
release systems.

���� 3.��� Nothing in P.L.��� ,
c.��� (C.������� ) (pending before the Legislature as this bill) shall be
construed to:

���� a.���� require a manufacturer
or authorized repair provider to provide an owner or independent repair
provider access to non-diagnostic and repair documentation provided by the
manufacturer to an authorized repair provider pursuant to the terms of an
authorizing agreement;

���� b.��� abrogate, interfere
with, contradict, or alter the terms of any authorized repair agreement
executed and in force between an authorized repair provider and manufacturer
including, but not limited to, the performance or provision of warranty or
recall repair work by an authorized repair provider on behalf of a manufacturer
pursuant to the agreement, except that any provision in the agreement
purporting to waive, avoid, restrict, or limit the manufacturer�s compliance
with this section shall be void; or

���� c.���� require a manufacturer
to divulge a trade secret.

���� 4.��� A manufacturer that
violates any provision of P.L.��� ,

c.��� (C.������� ) (pending before the Legislature as this bill) shall be
subject to a civil penalty of not more than $500 for each offense, to be
collected in a civil action by a summary proceeding under the �Penalty
Enforcement Law of 1999,� P.L.1999, c.274 (C.2A:58-10 et seq.). The Superior
Court or municipal court shall have jurisdiction of proceedings for the
enforcement of the penalty provided by this section.

���� 5.��� This act shall take
effect on the first day of the fourth month next following enactment.

STATEMENT

���� This bill establishes the
right to repair farm equipment and lawn mowers with repair providers other than
the original manufacturer.� This essentially allows independent repair
providers, owners, and authorized repair providers to have the same access to
diagnostic repair information for farm equipment and lawn mowers.

���� Specifically, the bill
requires a manufacturer of farm equipment or lawn mowers sold, offered for
sale, or used in this State to make available to any independent repair
provider or owner the same diagnostic, service, or repair documentation at no
charge or in the same manner and in the same timeframe as the manufacturer
makes the documentation available to an authorized repair provider.� The bill
also requires a manufacturer to provide farm equipment, lawn mowers, or service
parts for purchase by the owner, an authorized agent, or any independent repair
provider.� A manufacturer is not required to sell parts that are no longer
available.

���� The bill prohibits a
manufacturer that sells farm equipment or lawn mower diagnostic, service, or
repair documentation in a standardized format from requiring an authorized
repair provider to purchase it in a proprietary format unless the proprietary
format includes documentation or functionality that is not available in the
standardized format.

���� Under the bill, a manufacturer
of farm equipment or lawn mowers sold, offered for sale, or used in this State is
to make available for purchase by independent repair providers and owners all
diagnostic repair tools incorporating the same diagnostic, repair, and remote
communications capabilities that the manufacturer makes available to its own
repair or engineering staff or any authorized repair provider. �A manufacturer is
also required to offer tools for sale to an independent repair provider or
owner under fair and reasonable terms.

���� Farm equipment or lawn mowers
with security-related functions are required to include diagnostic, service,
and repair documentation necessary to reset a security-related electronic
function.� In the alternative, the manufacturer is to provide the documentation
necessary to reset an immobilizer system or security-related electronic module
through the appropriate secure data release systems.

���� The bill imposes a civil
penalty of not more than $500 for each violation of its provisions.

���� It is increasingly difficult
to repair lawn mowers and farm equipment, such as tractors, without going
directly to the manufacturer.� This puts consumers at a disadvantage because
fewer repair options are available and market competition is decreased.