HB 1305 - Product Repair Practices Summary

• Creates a new chapter in North Dakota Century Code requiring manufacturers to provide independent repair providers and product owners with the same diagnostic and repair information, software, and documentation available to authorized repair providers, free of charge.

• Manufacturers must make service parts and diagnostic repair tools available for purchase on fair and reasonable terms, with "fair and reasonable" defined by eight specific factors including cost to the manufacturer, prices charged by competitors, and affordability for aftermarket technicians.

• Exempts manufacturers from disclosing trade secrets and allows provision of security-related information through secure data release systems when necessary for security purposes.

• Does not apply to motor vehicle manufacturers, motor vehicle dealers, or motor vehicle products.

• Establishes enforcement mechanism allowing independent repair providers or owners to notify manufacturers of violations and provide 30-day cure period; violations result in civil penalties of $1,000 per violation plus potential attorney's fees and litigation costs, classified as unfair or deceptive trade practices.