Definitions

In this Act: (1) Aftermarket part (A) In general The term aftermarket part means any part offered for sale or for installation in or on a motor vehicle after such vehicle has left the production line of the motor vehicle manufacturer. (B) Exclusions Such term does not include any original motor vehicle equipment or part manufactured for a motor vehicle manufacturer. (2) Agency The term agency has the meaning given that term in section 551 of title 5, United States Code. (3) Authorized motor vehicle service provider The term authorized motor vehicle service provider means a person who— (A) has an arrangement with a motor vehicle manufacturer under which the motor vehicle manufacturer grants to the individual or business a license to use a trade name, service mark, or other proprietary identifier for the purpose of offering the service of diagnosis, maintenance, or repair of a motor vehicle under the name of the motor vehicle manufacturer; or (B) has another arrangement with the motor vehicle manufacturer to offer such services on behalf of the motor vehicle manufacturer. (4) Automated driving system (A) In general The term automated driving system means the hardware and software that collectively are capable of performing the entire dynamic driving task on a sustained basis, regardless of whether such hardware and software are limited to a specific operational design domain. (B) Inclusions Such term includes motor vehicles designed to be operated exclusively by a Level 4 or 5 automated driving system (as defined by the SAE International standard J3016, published on April 30, 2021, or subsequently adopted by the Secretary) for all trips. (C) Exclusions Such term does not include motor vehicle components not specifically and solely related to a dynamic driving task. (5) Barrier The term barrier means a restriction that prohibits, makes more difficult, or tends to make more difficult the ability of a person to exercise rights under this Act. (6) Chair The term Chair means the Chair of the Commission. (7) Commission The term Commission means the Federal Trade Commission. (8) Critical repair information and tools The term critical repair information and tools means all of the technical and compatibility information, tools, equipment, wiring diagrams, parts nomenclature and descriptions, parts catalogs, repair procedures, training materials, software, and technology, including information related to diagnostics, repair, service, and calibration or recalibration of parts and systems, necessary to return a motor vehicle to operational specifications. (9) Dynamic driving task (A) In general The term dynamic driving task means all of the real-time operational and tactical functions required to operate a motor vehicle in on-road traffic. (B) Exclusions Such term does not include strategic functions, such as the scheduling of trips and the selection of destinations and waypoints. (10) Insurer The term insurer has the meaning given that term in section 313(r) of title 31, United States Code. (11) Motor vehicle (A) In general The term motor vehicle has the meaning— (i) given that term in section 30102(a) of title 49, United States Code; and (ii) given the term trailer in section 390 of title 49, Code of Federal Regulations. (B) Exclusion Such term does not include a vehicle equipped with an automated driving system. (12) Motor vehicle dealer The term motor vehicle dealer means a dealer (as defined in section 30102(a) of title 49, United States Code) who has an agreement with a motor vehicle manufacturer related to the diagnostics, repair, or service of a motor vehicle. (13) Motor vehicle equipment The term motor vehicle equipment has the meaning given that term in section 30102(a) of title 49, United States Code. (14) Motor vehicle manufacturer The term motor vehicle manufacturer means an entity that manufactures a motor vehicle (as defined in section 30102(a) of title 49, United States Code). (15) Motor vehicle owner (A) In general The term motor vehicle owner means a person with a present possessive ownership right in a motor vehicle. (B) Exclusions Such term does not include— (i) a motor vehicle manufacturer; or (ii) a person operating on behalf of— (I) a motor vehicle manufacturer; (II) a motor vehicle financing company; (III) a motor vehicle dealer; or (IV) a motor vehicle lessor. (16) Motor vehicle repair facility The term motor vehicle repair facility means any person who, in the ordinary course of business, is engaged in the business of diagnosis, service, maintenance, repair, or calibration or recalibration of motor vehicles or motor vehicle equipment. (17) Person The term person means an individual, trust, estate, partnership, association, company, or corporation. (18) Remanufacturer The term remanufacturer means a person who uses a standardized industrial process by which previously sold, worn, or non-functional products are returned to same-as-new (or better) condition and performance in a process that is in line with specific technical specifications (including engineering, quality, and testing standards) and yields fully warranted products. (19) Service provider The term service provider means any designee of a motor vehicle owner or motor vehicle repair facility employed by such motor vehicle owner or motor vehicle repair facility to assist with the diagnosis and repair of a motor vehicle, including the diagnosis and repair of wireless and remote technologies or any other wireless and remote services comparable to such provided by a motor vehicle manufacturer. (20) Specified legal barrier The term specified legal barrier means— (A) a request for a waiver of the right of a motor vehicle owner under this Act to use a motor vehicle repair facility of the choosing of such owner; (B) a requirement for such a waiver as a condition for purchasing, leasing, operating, or obtaining warranty repairs for a motor vehicle; or (C) an offer for such owner to receive any compensation or other incentive for such a waiver. (21) Technological barrier The term technological barrier means any technological restriction that prohibits, makes more difficult, or tends to make more difficult the ability of a person to exercise rights under this Act. (22) Telematics system The term telematics system means any system in a motor vehicle that collects vehicle-generated data and transmits such data using wireless communications to a remote receiving point where such data is stored. (23) Vehicle-generated data (A) In general The term vehicle-generated data means any direct, real-time, in-vehicle data generated, or generated and retained, by the operation of a motor vehicle related to diagnostics, repair, service, wear, and calibration or recalibration of parts and systems required to return such vehicle to operational specifications in compliance with Federal motor vehicle safety and emissions laws, regulations, and standards. (B) Exclusions The term vehicle-generated data does not include— (i) diagnostics, repair, service, wear, and calibration or recalibration of parts and systems required to return an automated driving system to operational specifications; or (ii) any personally identifiable information.