ASA's efforts are paying off: ASA and 35 automakers have announced an agreement ensuring vehicle repair, service and training information will be made available to independent repairers in the same manner and extent as it is made available to franchised dealerships. Also, that the same diagnostic tools will be made available to independent repairers at a reasonable price. Moreover, Congress wants a report periodically as to how the agreement is progressing. You can see the full agreement online by clicking here.

In a joint letter to U.S. Sen. Byron Dorgan, D-N.D., chairman of the Senate Commerce Committee Subcommittee on Consumer Affairs, Foreign Commerce and Tourism, the Automotive Service Association (ASA), the Alliance of Automobile Manufacturers (Alliance) and the Association of International Automobile Manufacturers (AIAM) announced an agreement regarding emissions and non-emissions service information, tools and tool information and training that will be made available to independent repairers.

This historical agreement follows U.S. House of Representatives and U.S. Senate introductions of The Motor Vehicle Owner's Right to Repair Act. ASA held four Capitol Hill demonstrations of the service information problem over the past 18 months, visited Capitol Hill congressional offices during its Annual Convention in Washington, D.C., and provided witnesses at a July 30, 2002, Senate hearing on service information issues.

U.S. Reps. Joe Barton, R-Texas, and Edolphus Towns, D-N.Y., introduced the House legislation, H.R. 2735, and U.S. Sens. Paul Wellstone, D-Minn., and Mark Dayton, D-Minn, introduced the Senate legislation, S.B. 2617. Wellstone pushed hard for a public hearing on his legislation and Chairman Dorgan agreed. Bill Haas, ASA's vice president of divisions, education and technical training, and ASA member Dale Feste of Hopkins, Minn., testified at the hearing. Haas provided the committee information as to the tremendous loss in repair shop income due to a lack of service information, tools and training. Feste demonstrated the impact the service information issue has had on small businesses.

At the close of the hearing, Chairman Dorgan challenged automakers and the aftermarket to try to come to some agreement on the issue or the committee would resolve it. ASA and 35 automakers agreed:

"... the same service and training information related to vehicle repair will be made available to independent repair shops either via the Internet or in the same manner and extent as it is made available to franchised dealerships, and the same diagnostic tools related to vehicle repair that are made available to the franchised dealers will be made available at a reasonable price consistent with the guidelines provided in California Air Resources Board regulations." (See the full agreement online at www.asashop.org/legis/agreement.htm.)

ASA became involved in this debate during the consideration of the Clean Air Act Amendments of 1990 in the U.S. Congress. ASA sought language that ensured the same emissions service information provided franchised new car dealers would be provided independent repairers. The language was included in the 1990 Act. The subsequent regulation finalized in 1995 was appropriate to maintain this fair competition in the repair marketplace. Unfortunately, the 1995 regulation has not been enforced and only applied to emissions service information. The U.S. Environmental Protection Agency did not believe the 1995 regulation gave them sufficient enforcement powers.

After it was evident that the 1995 regulation was not being enforced, ASA hosted a meeting with EPA policymakers in Colorado Springs, Colo., to discuss the problem. The EPA pledged to begin work on a new service information regulation. The proposed regulation has been published. ASA testified at an EPA public hearing on the proposal and submitted formal comments. ASA is hopeful that the emissions service information regulation will be finalized by the end of this year.

The recent agreement contains important elements for the future of the aftermarket:

• Service Information
• Tools
• Tool Information
• Training
• Problem Resolution Process through the National Automotive Service Task Force (NASTF)
• Enforcement through Congressional Oversight

Because we are dealing with so many automakers with various business philosophies, there will be issues that arise for repairers. The National Automotive Service Task Force will serve as the point of contact for repairers who have difficulties obtaining specific service, tool and training information. ASA asks that repairers complete a brief complaint form so NASTF can follow up on the problem. The complaint form can be accessed on the ASA Web site (www.asashop.org).

The U.S. Congress has asked that ASA and the automakers report back periodically as to how the agreement is progressing. The agreement allows resolution of a very difficult problem now versus a protracted legislative battle that could have gone on for years, not considering enforcement concerns and potential litigation.

ASA believes the agreement establishes a new era of cooperation between manufacturers and the aftermarket. It ensures the future of the aftermarket. The aftermarket should continue as a healthy, thriving, profitable sector of the automotive industry and our nation's economy.

Mike Stanton, Alliance vice president, said, "Currently, about 75 percent of vehicle service and repairs are performed in independent repair shops. We are pleased the industry could work together to ensure fair and open competition in the automotive service industry. This commitment to cooperation instead of legislation serves our interest, those of the independent repair industry, and most importantly, our mutual customers - the motoring public."

Wellstone concluded, "This was about getting results. Sometimes you pass legislation to do that. Other times, you can use the legislative process to raise the profile of an issue and bring people to the table to negotiate. That's what happened here."

Bob Redding is the Automotive Service Association's Washington, D.C., representative. He is a member of several federal and state advisory committees involved in the automotive industry. For more information about the legislative activities of ASA, visit www.TakingTheHill.com.

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