Editor's note: Independent repair facilities throughout the nation likely relish the thought of increased repair opportunities and corresponding revenue the REPAIR Act promises to bring (and not to mention, the convenience provided to their customers). This is an exciting time and a breath of fresh air to independent technicians and shop owners everywhere, for sure. Having access to the appropriate tooling, necessary vehicle data, and service/repair information would be a game-changer in the aftermarket.
United States Rep. Bobby Rush has introduced the Right to Equitable and Professional Auto Industry Repair (REPAIR) Act. The Automotive Aftermarket Suppliers Association (AASA), Auto Care Association, CAR (Consumer Access to Repair) Coalition, and Specialty Equipment Market Association (SEMA) issued a statement supporting this action. The legislation, H.R. 6570, is meant to ensure the preservation of consumer choice, a fair marketplace, and the continued safe operation of the nation’s 288 million registered motor vehicles, 70 percent of which are serviced by independent repair shops.
“Today is one of the most memorable and important days in the history of the aftermarket. The REPAIR Act will help guarantee consumers’ rights and the ability of the industry to ensure their vehicles operate safely,” commented Paul McCarthy, president and CEO of AASA. “From the repair shop to the board room, this effort has been fueled by the people of the aftermarket, and we couldn’t be prouder of that alignment behind this important legislation. This effort supports principles of competition, consumer choice, and safety that we believe will benefit the whole automotive industry in the long run."
To accomplish this, 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 access to critical repair tools and information. All tools and equipment; wireless transmission of repair and diagnostic data; and access to on-board diagnostic and telematic systems needed to repair a vehicle must be made available to the independent repair industry.
- Ensure cybersecurity by allowing vehicle manufacturers to secure vehicle-generated data and require 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 to be informed that they can choose where and how to get their vehicle repaired.
- Create a stakeholder advisory committee and provide them with the statutory authority to provide recommendations to the FTC on how to address emerging barriers to vehicle repair and maintenance.
- 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.
As advancements in vehicle technology continue, more barriers are being created for a competitive auto repair market. These barriers not only raise prices for vehicle repair and maintenance but also limit the consumer's choice in where they take their vehicle for those services. The REPAIR Act will limit these barriers, putting consumers' interests first.
According to a recent YouGov poll, 93 percent of respondents agreed that they should have the right to choose where and by whom their vehicle is repaired.
"The REPAIR Act will ensure consumers will have more, not fewer choices when they need a repair shop," said the CAR Coalition executive director Justin Rzepka. "They will also have access to the data they need to make sure the repair is done safely. This is important, consumer-first legislation and we look forward to working with lawmakers and industry partners to pass it.”
The REPAIR Act follows three other significant moments for consumer choice in repair. In November 2020, Massachusetts voters voiced their support for Ballot Question 1 (also known as Right to Repair) with 75 percent of the vote, which preserves their right as vehicle owners to have access to and control of their vehicle’s mechanical data necessary for service and repair at the shops of their choice. In May 2021, the FTC released their Nixing the Fix report which highlighted barriers that vehicle manufacturers have instituted to squash a consumer’s right to repair. The FTC strongly supports expanding consumer repair options and found “scant evidence” for repair restrictions imposed by original equipment manufacturers. And in July 2021, President Biden issued the “Promoting Competition in the American Economy” executive order which encouraged the FTC to address anti-competitive repair restrictions.
“Americans should not be forced to bring their cars to more costly and inconvenient dealerships for repairs when independent auto repair shops are often cheaper and far more accessible,” said Rush. “But as cars become more advanced, manufacturers are getting sole access to important vehicle data while independent repair shops are increasingly locked out. The status quo for auto repair is not tenable, and it is getting worse. If the monopoly on vehicle repair data continues, it would affect nearly 860,000 blue-collar workers and 274,000 service facilities.”
