It is a government problem. When have they ever made any sense?
You do have a right to repair, but the manufacturer does not have to make proprietary software available. The manufacturer does not lose the liability when the truck goes out of warranty. Remember this is a OSHA thing. OSHA does not come in to play on cars.

As I had already said we have Cummins and Allison(Doc) it doesn't make much sense to me you should have a right to repair your own equipment if the warranty is up

Hi swoop it depends on the customer we had a mixed fleet of crown jungheinrich and Toyota machines but were talking a large fleet over 5000 pieces of kit in the U.K. alone all warehousing equipment all company owned. The deal we always put to the suppliers was sell us the kit but also supply the diagnostic tools to go with it so all out DC's ended up with Jungheinrich laptops Toyota tablets and with Crown access 123 training. The only company who thought we were joking were Briggs when we looked at buying Hyster electric CB trucks so they were shown the door. What I've found is with the manufacturer you have to play hard ball with them and if they say no go somewhere else. As a finaly point the version of Judit we got was the exact same as the Jungheinrich engineers had with 6 monthly updates

hyster only provides their diagnostic software to hyster dealer certified technicians. The technician has to be registered in their database and the software program is updated via their dealer access to hyster hypass regularly. In some cases they (the manufacturers) utilized Impco's spectrum program to diagnose the fuel systems but it is also starting to be regulated somewhat to the point you have to be a dealer certified technician in order to get all the components to use it as well.
Some of the earlier versions were not so much regulated but since the release of the Tier 2 and 3 and now Tier 4 emissions systems they have incrementally tightened up on that alot.
Since the announcement and finally the release of the Tier 4 emissions i recently saw a service communication where they have even updated to a new version of their PC Service Tool diagnostic software which is for the CCS (common control system) Field Service Tool for the new trucks. Also a new ONeSOURCE Client (Service Diagnostic Tool) was released.

So no, you being the "end user" cannot buy this.

On a personal/professional note:
In all my years of working for dealerships i have never known any manufacturer to sell their proprietary diagnostic software to any customer, with the exception of one customer i serviced regularly that had a national/international fleet of trucks (thousands), and there was some sort of agreement made between them and the manufacturer in which their tech's were factory trained on those lifts they purchased and the software released to them was a very restricted version of the diagnostic program provided by that manufacturer. I'm sure they paid a hefty price for that privilege too.