Attorneys general urge Congress to pass REPAIR Act

WASHINGTON — The attorneys general of 28 states and territories, led by those from Illinois and Indiana, are calling on the U.S. Congress to pass key right-to-repair bills, including one focused on auto repair supported by the Specialty Equipment Market Association (SEMA).

Illinois and Indiana Attorney Generals Kwame Raoul and Todd Rokita sent a letter March 24 signed by the attorneys general to the U.S. House Energy and Commerce Committee and the U.S. Senate Commerce Committee calling on them to pass key right to repair bills, including the "Right to Equitable and Professional Auto Industry Repair (REPAIR) Act," H.R. 906.

"Manufacturing of automobiles, digital devices and agricultural equipment is increasingly becoming more technologically advanced and built with more embedded electronics. OEMs often control access to these electronics parts, creating unfair restraint of trade and a monopoly on repair. This can harm consumers directly by driving up prices and is antithetical to a free market," the letter states.

The other states and territories whose attorney generals signed the letter are: Alaska, Arizona, California, Connecticut, Delaware, D.C., Guam, Hawaii, Idaho, Louisiana, Maine, Maryland, Michigan, Minnesota, Nevada, New Mexico, Northern Mariana Islands, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Vermont, Washington and Wisconsin.

SEMA noted that congressional support for the bipartisan REPAIR Act continues to expand, as U.S. Representatives Ann Kuster, D-NH, Anna Paulina Luna, R-Fla., and Carlos Gimenez, R-Fla., signed on recently as co-sponsors.

The REPAIR Act seeks to protect consumers' rights to decide where and with what parts to repair and maintain their vehicles and to do the work themselves or by an independent shop of their choice. Supporters argue that it ensures vehicle owners and repair businesses have access to diagnostic data and telematics information, which is critical to maintaining a competitive repair market.

Some of the key provisions of the REPAIR Act:

• Prohibits manufacturers from imposing technological or legal barriers that block aftermarket replacement part manufacturers from accessing critical information and tools necessary to develop interoperable products with emerging vehicle technology.
• Establishes the right for replacement part manufacturers and independent repair shops to access critical information, tools and equipment needed to maintain vehicles.
• Requires companies producing vehicles equipped with telematics to make any critical repair information and tools available to replacement part manufacturers and repair facilities at a fair and reasonable cost.
• Provides vehicle owners with data and information wirelessly generated by their vehicles.
• Establishes a right for vehicle owners to securely share their vehicle's repair and maintenance data with their repairer of choice.

While the REPAIR Act is important to repair and replace businesses, SEMA notes that legislation as written does not extend to a right to modify.

SEMA said it is committed to protecting the right to modify vehicles by prohibiting auto makers from locking down ECUs and ensuring aftermarket companies have access to the information needed to recalibrate vehicles with Advanced Driver Assistance Systems (ADAS) after they have been modified.