Taking The Hill
Emission and Non-Emission Information Availability Bill Passes Arizona House
Legislation to ensure that independent repairers have the information from on-board diagnostic (OBD) systems they need to repair vehicles passed the Arizona House of Representatives. It now moves to the Senate for consideration. ASA and other members of the automotive aftermarket have been working to ensure that technicians have access to information in the OBD computer that is necessary to repair vehicles.
The bill would require that vehicle manufacturers provide the aftermarket with access to OBD systems for testing, repair and reprogramming. It would also require manufacturers to provide the aftermarket with technical service bulletins. This includes emissions and non-emissions information. Manufacturers would be prohibited from encrypting scan tool information, requiring special tools to reset items, and from referring to information in bulletins, written repair procedures and student manuals that is not accessible by scan tools.
ASA urged all independent repairers in Arizona to contact their legislators to let them know how important this legislation is for the independent aftermarket. As more and more vehicles are equipped with OBD computers, it is imperative that independent repairers can access information.
ASA and several other aftermarket associations met in Ann Arbor, Mich., to discuss information availability. The EPA is working on a new rule to provide the aftermarket with more information that is easier to access. ASA believes that it is important to work on this issue both at the national and state levels.
Abraham to Introduce Regulatory Reform Measure
U.S. Sen. Spencer Abraham (R-Mich.) is expected to introduce product liability reform legislation soon. The new bill is expected to resemble legislation introduced by Senator Abraham during the last Congress and provide relief to small businesses with fewer than 25 employees.
The Small Business Lawsuit Abuse Protection Act introduced in the 104th Congress would have only allowed punitive damages awarded against small businesses under 25 employees if the claimant established clear and convincing evidence that the conduct was carried out with a conscious, flagrant indifference to the rights or safety of others. Further, the legislation would prohibit punitive damages against small businesses exceeding twice the amount of economic and noneconomic losses or $250,000, whichever is lesser.
The new bill is expected to provide similar relief.
Superfund Discussions
The United States Senate is again discussing whether there is sufficient support to move forward on Superfund reform legislation this year. If the Senate does not have 60 votes for major reform, they might consider a narrow Superfund package or limit legislation to a Resource, Conservation and Recovery Act cleanup reform bill.
There is some interest in a General Accounting Office investigation of the current Superfund program. Specifically, a focus on the amount of potential future liability associated with the current law, the potential sites for Superfund participation and issues relative to the future costs of the program.
Senate Holds Hearing on SAFE Act
The U.S. Senate held a hearing on legislation to amend the Occupational Safety and Health Act of 1970. Introduced by Sen. Mike Enzi (R-Wyo.), the Safety Advancement for Employees (SAFE) Act of 1999 would make changes to the way the Occupation Safety and Health Administration (OSHA) deals with small businesses. If enacted, the legislation would allow those businesses to hire independent safety consultants and release those businesses from some civil penalties for violations that are corrected.
Under the proposed legislation, OSHA would retain all of its power to inspect businesses for violations and order businesses to abate the violations. However, businesses that employ private safety consultants could be exempt from civil fines for one year for violations that are corrected.
Titling Debate Heightens in Congress || Tools of Success || For Your Information || Guest Editorial || Tech to Tech || Tech Tips || News Briefs || Taking the Hill || Around ASA || Net Worth || Stat Corner || Shop Profile || Chairman's Message
AutoInc. Magazine ® Vol.XIVII, May 1999
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