LEGISLATIONDeadline Extended On
Right to Repair Talks
WASHINGTON - The search for a non-legislative answer to proposed Right to Repair legislation will continue - at least through today, Sept. 30, the new deadline set on a round of talks that seeks a bridge over the repair information chasm.
If the past relationships among the many sides of this issue are any indication, it is unlikely an agreement can be reached without the pursuit of government avenues.
"Nobody has come to an agreement on anything," says Sandy Bass-Cors, executive director of the Coalition for Automobile Repair Equity (CARE). "We're all hoping that [Sept. 30] we know one way or the other."
The Motor Vehicle Owners' Right to Repair Act would require car companies to make available the same information and tools for automotive repair to which franchised service dealers have access.
Legislators on Capital Hill decided to have these meetings in an attempt to garner a consensus without further government assistance. The deadline for talks was originally set at Sept. 15 before being extended.
The press office for Rep. Joe Barton (R-TX), a primary sponsor of the bill, has said he will push for legislation if these talks could not come to a conclusion that satisfies all involved.
At last count, the House had 50 co-sponsors for the proposal, which has also been introduced in the Senate.
The legislation has lingered for a number of years, most recently expiring last year in Congress. If no action is taken this fall, the proposal will continue into next year's legislative session, reflecting the bill's two-year life span.
Aaron Lowe, vice president of regulatory and government affairs for the Automotive Aftermarket Industry Association (AAIA), said recently there were still some major issues that needed addressed in these "non-legislative" discussions.
"(Barton) would like to see something that would prevent the need for legislation if only it could be enforceable," says Lowe.
He does admit that an existing infrastructure in place could handle the repair and diagnostic information that's the source of this ongoing debate.
Legislation in California requires carmakers to post emission-related service information on Web sites, and some point to this system as proof positive that independent service technicians have access to all the repair information they need. In fact, some auto manufacturers say independent technicians are merely unable to find and interpret this data.
Techs have also reported to us that comprehensive service information is made available through various OE Web sites; however, service information can be costly, they add.
A current Automotive Service Association (ASA)-led voluntary agreement has been in place for some time, under the auspices of the National Automotive Service Association Task Force (NASTF).
"We feel we've made significant progress," says Robert Redding, ASA's Washington representative. "We don't believe a legislative initiative is necessary. We think any voluntary industry process is crucial to a resolution."
Redding believes the NASTF task force is effective. In fact, he says, a legislative and formalized process could threaten the current system.
Others also believe legislation could convolute things.
Recent language for the Right to Repair proposal has included a clarification that OE trade secrets are protected unless this information is made available to franchised dealers. Additionally, the role of the Federal Trade Commission has been redefined.
Both issues have been points of contention: Automakers were wary of being required to share what constitutes trade secrets, and the FTC has expressed concern over what it felt were ambiguities in an earlier draft of this proposed legislation.
Lowe says this all boils down to a "pro-consumer" issue. "Consumers don't want to be forced to go back to the dealer."
In all likelihood, this issue will continue into next year, while each side passionately maintains its stance.
