HB 22-1031

HB 22-1031, also known as the "Consumer Right To Repair Powered Wheelchairs" bill, allows owners of powered wheelchairs and independent repair providers to get necessary parts, software, tools, and manuals from manufacturers starting January 1, 2023. This means that wheelchair owners won't have to rely solely on the manufacturer for repairs and maintenance. The law also makes it illegal for manufacturers to enter into contracts that restrict this right after the bill takes effect. Governor Jared Polis has signed the bill into law, so it will go into effect as scheduled.

Official Summary

Usually, an owner of a powered wheelchair must seek diagnostic, maintenance, or repair services of the wheelchair from the manufacturer. Starting January 1, 2023, the act requires a manufacturer to provide parts, embedded software, firmware, tools, or documentation, such as diagnostic, maintenance, or repair manuals, diagrams, or similar information, to independent repair providers and owners of the manufacturer's powered wheelchairs to allow an independent repair provider or owner to conduct diagnostic, maintenance, or repair services on the owner's powered wheelchair. A manufacturer's failure to comply with the requirement is a deceptive trade practice. In complying with the requirement to provide these resources, a manufacturer need not divulge any trade secrets to independent repair providers and owners. Any new contractual provision or other arrangement that a manufacturer enters into on or after January 1, 2023, that would remove or limit the manufacturer's obligation to provide these resources to independent repair providers and owners is void and unenforceable. A manufacturer is not liable for faulty or otherwise improper repairs that an independent repair provider or owner performs on a powered wheelchair. (Note: This summary applies to this bill as enacted.)

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