The Right to Repair
Getting access to the information and tools needed to accurately diagnose and repair vehicles will likely be one of the touchier topics to come up at Heavy Duty Aftermarket Week.
A bill now in Congress, the Motor Vehicle Owners Right to Repair Act, would require vehicle manufacturers to make diagnostic and repair tools and information available to independent repair shops (including fleet shops). Rules would be established and enforced by the Federal Trade Commission. If necessary, vehicle owners and independent repair shops would be permitted to take legal action to make the information and tools available and affordable.
Proponents say the legislation would not affect manufacturer warranty programs and would not require manufacturers to disclose proprietary information. In testimony before a Congressional subcommittee this fall, the Automotive Aftermarket Industry Association, parent to the Heavy Duty Distribution Association, pointed out that the goal is simply to preserve competition and thus ensure that vehicle owners have a choice in where they go for maintenance and repairs.
Opponents argue that the law is unnecessary because a voluntary agreement, administered under the National Automotive Service Task Force, is working well. In the hearings, the owner of an independent auto repair shop, speaking for the Automotive Service Association, said they wanted less bureaucracy, not more. And they worry that adding a layer of rules and procedures would hinder, not hasten, the flow of information.
The FTC said that a "voluntary, self-regulatory approach is the best solution" to resolving the difficulties. And while the agency said it agrees that independent repair facilities must have access to tools and information, "any governmental intervention in this area requires great care to avoid unnecessary impact on existing markets."
Parts and component manufacturers are caught in the middle, because most sell to vehicle manufacturers and their dealers as well as to independent distributors and shops. The Motor & Equipment Manufacturers Association says it supports the right of vehicle owners to choose where their vehicles are repaired. It also says the independent parts and repair industry should have access to repair information and to the necessary parts.
But MEMA also has urged Congress to look at enforcement options for voluntary systems before enacting a new law. If legislation is necessary, the organization says, there should be a balance between information access and intellectual property rights. And there should be ways to make sure independent shops receive the same or similar communications and training as vehicle dealerships.
Although some argue that this is mainly a passenger car and light truck issue, heavy-duty aftermarketers are definitely concerned. "There's a feeling in today's marketplace that the truck manufacturers are becoming much more aggressive on the parts side," explains Dave Willis, president of CRW Parts. "They're trying to restrict the information to repair, which is something that is very, very dangerous for everyone. When the only place truckers can go is the dealer, the competitive nature of this business disappears and we'll all end up paying more."
Parts & Service continued...
