‘Right to repair’ heating up in Congress—again

The Automotive Service Association, Society of Collision Repair Specialists, and the Alliance for Automotive Innovation proposed the Safety as First Emphasis (SAFE) Repair Act to congressional leaders on Feb. 18 as an alternative to the Right to Equitable and Professional Auto Industry Repair (REPAIR) Act. But other organizations with commercial vehicle aftermarket ties suggest ‘not so fast.’

In a letter to Congress, the three organizations argued that the REPAIR Act was not suitable for four key reasons:

Because automotive right-to-repair is already established in the U.S.

Because automakers already provide information, tools, and data for diagnosing and repairing vehicles to independent shops, and that the associations work with the industry to get answers to technical issues

That the REPAIR Act does not provide enough protection for consumer choice in making sure that repair data is used to fix vehicle safety systems and structures

And that there is a 2014 national memorandum of understanding for automakers, aftermarket distributors, and manufacturer associations that guarantees access to repair and diagnostic information for repair shops

“While these existing frameworks have created a thriving and competitive repair marketplace, we understand the desire for a federal legislative solution that addresses evolving consumer expectations and technological advancements,” the letter to Congress stated. “That’s why our three organizations have come together to propose a new path forward—one that builds on existing protections while introducing additional measures to prioritize consumer safety and choice.”

According to the associations, the SAFE Repair Act addresses these issues by preserving data access parity between shops and dealers and grants consumers more protection. More specifically, the proposed act affirms that:

• Independents have the same ability to perform diagnostic and repair services as dealers
• Consumers have the right to decide where and how they want vehicles repaired
• Consumers can have their vehicle repaired in accordance with OEM procedures to restore vehicle safety systems and structure
• Consumers are provided with a choice of parts between OEM and non-OEM parts for repairs
• Consumers who choose non-OEM parts have the same recall and safety protections as those who choose OEM parts
• Consumers who purchase used vehicles are made aware of prior alterations or repairs
• There will be safety inspection and post-collision inspection programs to ensure repairs are properly completed

'Not representative'

In response to the letter, the Auto Care Association President and CEO Bill Hanvey and MEMA Aftermarket Suppliers President Paul McCarthy said the views in the proposal represent “a small fraction of the repair market.” The two men also stated that while they appreciated the associations’ agreement that federal legislation is needed to protect consumer choice in vehicle repair, they found the new proposal to be more of a hindrance than a help.

“That said, this latest proposal appears to be a tactic to delay and defeat pro-consumer right to repair legislation at every level,” McCarthy and Hanvey said in a release. “The bipartisan Right to Equitable and Professional Auto Industry Repair Act (REPAIR Act) is a straightforward approach to ensure safe and secure access to vehicle repair and maintenance data.”

The REPAIR Act was not considered for a vote in the previous Congress.

Why 'right to repair'

Historically, the independent aftermarket has performed over 80% of out-of-warranty vehicle repairs (Source: Auto Care Association/MEMA Aftermarket Suppliers Joint Forecast Model) and these repairs are generally 36% less expensive than dealerships. Car owners appreciate independent repair shops for their “trustworthiness, reasonable prices, knowledgeable mechanics, and good reputation.” Today, independent repair shops and alternative manufacturers are increasingly being crowded out as OEMs collect terabytes of data from vehicles wirelessly and unilaterally decide to whom they give access to this data and under what terms and conditions, all without input from vehicle owners, according to comments filed by AAI in a regulatory rulemaking. An independent survey conducted last year demonstrated that 63% of repair shops report having difficulties making routine repairs on a daily or weekly basis due to data restrictions, ACA reported. Moreover, 51% of shops report sending up to five cars per month to the dealer because of these restrictions. On Feb. 11, U.S. District Court Judge Denise Casper dismissed AAI’s four-year effort to block the implementation of Massachusetts’ right to repair law.