Mobility equipment repair

AN ACT Relating to establishing a right to repair for mobility 1
equipment for persons with physical disabilities; and adding a new 2
chapter to Title 19 RCW. 3
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:4
NEW SECTION. Sec. 1. The legislature finds that access to 5
reliable mobility devices is critical for Washingtonians living with 6
disabilities, the growing senior population, developmentally delayed 7
children, and others. For those who rely on a power wheelchair or 8
other mobility device, any delay in repair is not only a quality of 9
life issue, but it can interfere with their employment, schooling, 10
health, and safety. A recent survey of wheelchair users found that a 11
majority of respondents had repair times that were at least four 12
weeks, but often seven or more weeks. Therefore, the legislature 13
intends to require mobility device manufacturers to make 14
documentation, parts, embedded software, firmware, and tools 15
available to independent repair providers and mobility device owners 16
to ensure that there are more repair options available for 17
Washingtonians, so no one has to wait for long repairs for vital 18
equipment.19
H-1090.1
HOUSE BILL 1826
State of Washington 69th Legislature 2025 Regular Session
By Representatives Gregerson, Farivar, Doglio, Berry, Parshley,
Obras, Ramel, Ormsby, Macri, Fosse, Bernbaum, Pollet, and Hill
Read first time 02/04/25. Referred to Committee on Consumer
Protection & Business.
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NEW SECTION. Sec. 2. The definitions in this section apply 1
throughout this chapter unless the context clearly requires 2
otherwise.3
(1) "Authorized repair provider" means an individual or business 4
that is unaffiliated with an original equipment manufacturer and that 5
has an arrangement with the original equipment manufacturer to use 6
the original equipment manufacturer's trade name, service mark, or 7
other proprietary identifier for the purpose of offering the services 8
of diagnosis, maintenance, or repair of equipment under the name of 9
the original equipment manufacturer, or that has an arrangement with 10
the original equipment manufacturer under which the individual or 11
business offers the services of diagnosis, maintenance, or repair of 12
equipment on behalf of the original equipment manufacturer. An 13
original equipment manufacturer who offers the services of diagnosis, 14
maintenance, or repair of its own equipment shall be considered an 15
authorized repair provider with respect to such products.16
(2) "Authorized third-party provider" means an individual or 17
business that is unaffiliated with an original equipment manufacturer 18
and that has an arrangement with the original equipment manufacturer 19
to use the original equipment manufacturer's trade name, service 20
mark, or other proprietary identifier for the purpose of distributing 21
documentation, parts, embedded software, firmware, or tools.22
(3) "Diagnosis" means the process of identifying the issue or 23
issues that cause the equipment to not be in fully working order.24
(4) "Documentation" means any manual, diagram, maintenance 25
procedures, functional and wiring diagrams, reporting output, service 26
code description, circuit board schematics, security code, password, 27
training material, troubleshooting information, list of required 28
tools, parts list, or other guidance or information that enables a 29
person to service or update their equipment. 30
(5) "Embedded software" means programmable instructions provided 31
on firmware delivered with an electronic component of equipment or 32
with any part for the purpose of restoring or improving operation of 33
the equipment or part and includes all relevant patches and fixes 34
that the original equipment manufacturer makes to equipment or to any 35
part for the purpose of restoring or improving the equipment or part.36
(6) "Equipment" means mobility devices designed for people with 37
physical disabilities including, but not limited to, power 38
wheelchairs, manual wheelchairs, mobility scooters, and power assist 39
devices for manual wheelchairs. 40
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(7) "Fair and reasonable terms and costs" means each of the 1
following, as applicable: 2
(a)(i) For parts, at costs and terms that are equivalent to the 3
most fair and reasonable costs and terms under which the original 4
equipment manufacturer offers the part to an authorized repair 5
provider, accounting for any discount, rebate, convenient and timely 6
means of delivery, means of enabling fully restored and updated 7
functionality, rights of use, or other incentive or preference the 8
original equipment manufacturer offers to an authorized repair 9
provider, and is not conditioned on or imposing a substantial 10
obligation to use or restrict the use of the part to service 11
equipment sold, leased, or otherwise supplied by the original 12
equipment manufacturer; 13
(ii) For documentation, including any relevant updates, that the 14
documentation is made available at no charge, except that, when the 15
documentation is requested in physical printed form, a charge may be 16
included for the reasonable actual costs of preparing and sending the 17
copy; 18
(iii) For tools, that the tools are made available by the 19
original equipment manufacturer at no charge and without imposing 20
impediments to access or use of the tools to service and enable full 21
functionality of the equipment, or in a manner that impairs the 22
efficient and cost-effective performance of any such services, except 23
that, when a tool is requested in physical form, a charge may be 24
included for the reasonable, actual costs of preparing and sending 25
the tool; 26
(b) If an original equipment manufacturer does not use an 27
authorized repair provider, "fair and reasonable terms and costs" 28
means at a price that reflects the actual cost to the original 29
equipment manufacturer to prepare and deliver the part, tool, or 30
documentation, exclusive of any research and development costs 31
incurred. 32
(8) "Firmware" means a software program or set of instructions 33
programmed on equipment or a part to allow equipment or a part to 34
communicate with itself or with other computer hardware.35
(9) "Independent repair provider" means an individual or business 36
that engages in the services of diagnosis, maintenance, or repair of 37
equipment in this state without an arrangement with the original 38
equipment manufacturer of such equipment as described in subsection 39
(1) of this section or an affiliation with an authorized repair 40
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provider for such equipment. "Independent repair provider" also means 1
an original equipment manufacturer or an original equipment 2
manufacturer's authorized repair provider that engages in the 3
services of diagnosis, maintenance, or repair of equipment that is 4
not manufactured by or on behalf of, sold by, or supplied by such 5
original equipment manufacturer. 6
(10) "Maintenance" means any act necessary to keep currently 7
working equipment in fully working order. 8
(11) "Manual wheelchair" means a wheeled mobility device that is 9
a chair that can either be propelled by the user or pushed by another 10
person. 11
(12) "Mobility scooter" means an electric personal transporter 12
that is used as a mobility aid for people who need assistance with 13
walking or getting around. 14
(13) "Original equipment manufacturer" means an individual or 15
business that, in the normal course of business, is engaged in the 16
business of selling, leasing, or otherwise supplying new equipment 17
manufactured by or on behalf of itself, to any individual or 18
business. 19
(14) "Owner" means an individual or business that owns or leases 20
equipment purchased or used in this state. 21
(15) "Part" means any replacement part, either new or used, or 22
its equivalent, which is generally available or used by an original 23
equipment manufacturer or an authorized repair provider for purposes 24
of effecting the services of maintenance or repair of equipment 25
manufactured or sold by the original equipment manufacturer.26
(16) "Power assist device" means a motorized attachment that can 27
be added to a manual wheelchair to help the user propel the 28
wheelchair with less effort. 29
(17) "Power wheelchair" means a motorized wheeled device designed 30
for use by a person with a physical disability. 31
(18) "Repair" means any act needed to restore equipment to fully 32
working order. 33
(19) "Service" or "services" means diagnosis, maintenance, or 34
repair services performed on equipment or a part. 35
(20) "Tools" means any software program, hardware implement, or 36
other apparatus, used for diagnosis, maintenance, or repair of 37
equipment or parts, including software or other mechanism that 38
provides, programs, or pairs a new part; calibrates functionality; or 39
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performs any other function required to bring the equipment or part 1
back to fully functional condition, including any updates.2
(21) "Trade secret" has the same meaning as defined in 18 U.S.C. 3
Sec. 1839, as that section existed on January 1, 2017.4
NEW SECTION. Sec. 3. For the purpose of providing services for 5
equipment in the state, an original equipment manufacturer shall, on 6
fair and reasonable terms and costs, make available to any 7
independent repair provider or owner of the original equipment 8
manufacturer's equipment any documentation, parts, embedded software, 9
firmware, or tools that are intended for use with the equipment or 10
any part, including updates to documentation, parts, embedded 11
software, firmware, or tools. Such documentation, parts, embedded 12
software, firmware, and tools shall be made available either directly 13
by the original equipment manufacturer or via an authorized repair 14
provider or authorized third-party provider.15
NEW SECTION. Sec. 4. Nothing in this chapter shall be construed 16
to:17
(1) Require an original equipment manufacturer to sell parts if 18
the parts are no longer made available to authorized repair providers 19
by the original equipment manufacturer; 20
(2) Require an original equipment manufacturer to divulge a trade 21
secret to an independent repair provider or owner, except as 22
necessary to provide documentation, parts, embedded software, 23
firmware, or tools on fair and reasonable terms and costs;24
(3) Alter the terms of any arrangement described in section 2 (1) 25
of this act in force between an authorized repair provider and an 26
original equipment manufacturer including, but not limited to, the 27
performance or provision of warranty or recall repair work by an 28
authorized repair provider on behalf of an original equipment 29
manufacturer pursuant to such arrangement, except that any provision 30
in such terms that purports to waive, avoid, restrict, or limit the 31
original equipment manufacturer's obligations to comply with this 32
section shall be void and unenforceable; or 33
(4) Require an original equipment manufacturer or an authorized 34
repair provider to provide to an owner or independent repair provider 35
access to information, other than documentation, that is provided by 36
the original equipment manufacturer to an authorized repair provider 37
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pursuant to the terms of an arrangement described in section 2 (1) of 1
this act. 2
NEW SECTION. Sec. 5. (1) An original equipment manufacturer or 3
authorized repair provider shall not be liable for any damage or 4
injury to any equipment caused by an independent repair provider or 5
owner which occurs during the course of services and is not 6
attributable to the original equipment manufacturer or authorized 7
repair provider other than if the failure is attributable to design 8
or manufacturing defects.9
(2) The original equipment manufacturer does not warrant any 10
services provided by independent repair providers.11
NEW SECTION. Sec. 6. (1) The legislature finds that the 12
practices covered by this chapter are matters vitally affecting the 13
public interest for the purpose of applying the consumer protection 14
act, chapter 19.86 RCW. A violation of this chapter is not reasonable 15
in relation to the development and preservation of business and is an 16
unfair or deceptive act in trade or commerce and an unfair method of 17
competition for the purpose of applying the consumer protection act, 18
chapter 19.86 RCW.19
(2) This chapter may be enforced solely by the attorney general 20
under the consumer protection act, chapter 19.86 RCW.21
NEW SECTION. Sec. 7. Sections 1 through 6 of this act 22
constitute a new chapter in Title 19 RCW.23
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