Newest federal Right to Repair law gains support

WASHINGTON — Right-to-repair (R2R) legislation for the automotive repair industry has seen an increase in support for the latest iteration of federal legislation.

The Right to Equitable and Professional Auto Industry Repair (REPAIR) Act (H.R. 906) was introduced in the House on Feb. 9 and then referred to the subcommittee on Innovation, Data and Commerce on Feb. 17, where it awaits action. Since then, it has gained eight more co-sponsors and the support of 28 state attorneys general.

According to the bill's supporters, the REPAIR Act will:

• Preserve consumer access to high quality and affordable vehicle repair by ensuring that vehicle owners and their repairers of choice have access to necessary repair and maintenance tools and data as vehicles continue to become more advanced;
• Ensure cybersecurity by allowing vehicle manufacturers to secure vehicle-generated data and requiring the National Highway Traffic Safety Administration (NHTSA) to develop standards for how vehicle-generated data necessary for repair can be accessed securely;
• Provide transparency for consumers by requiring vehicle owners be informed that they can choose where and how to get their vehicle repaired;
• Create a stakeholder advisory committee and providing them with the statutory authority to provide recommendations to the FTC on how to address emerging barriers to vehicle repair and maintenance; and
• Provide ongoing enforcement by establishing a process for consumers and independent repair facilities to file complaints with the FTC regarding alleged violations of the requirements in the bill and a requirement that the FTC act within five months of a claim.

In April, original sponsor U.S. Rep. Neal Dunn, R-Fla. and co-sponsors Reps. Brendan Boyle, D-Pa.; Warren Davidson, R-Ohio; and Marie Gluesenkamp Perez, D-Wash; were joined as co-sponsors by Reps. Zoe Lofgren, D-Calif.; Glenn Thompson, R-Pa.; Brittany Pettersen, D-Colo.; Tim Walberg, R-Mich.; Ro Khanna, D-Calif.; Carlos Gimenez, R-Fla.; Ann Kuster, D-N.H.; and Anna Paulina Luna, R-Fla.

Also recently, the attorneys general of 28 states and territories, led by those from Illinois and Indiana, called on Congress to pass key right-to-repair bills, including H.R. 906.

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.

"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 attorneys general 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.

The bill also is supported by the Tire Industry Association (TIA), the Auto Care Association (ACA), the Specialty Equipment Market Association (SEMA), the CAR Coalition and MEMA Aftermarket.

In March, TIA worked with Maryland Delegate Kevin Hornberger (R) and his staff to introduce HB 1193 in Maryland. The bill, Consumer Protection-Motor Vehicles-Right to Repair, addresses the right-to-repair issue on the state level by requiring a manufacturer that sells motor vehicles with telematics systems to install an open data platform in certain motor vehicles.

Colorado Gov. Jared Polis recently signed a new law that requires manufacturers to provide farmers the tools, software and information they need to repair agricultural equipment.