By Robert L. Redding, Jr.
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The Motor Vehicle Owner's Right to Repair Act was recently introduced in the House. If enacted, H.R. 2735 would require original equipment manufacturers to provide independent repairers access to service information. ASA supports this legislation and encourages members to contact their congressional representatives and ask them to support this bill.
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Recently, several members of the U.S. House of Representatives showed tremendous courage by introducing the Motor Vehicle Owner's Right to Repair Act of 2001. Courage because the automobile manufacturers and the new car dealers have opposed any legislative attempts that ensure independent repairers the information necessary to repair vehicles.
U.S Reps. Joe Barton, R-Texas, and Edolphus Towns, D-N.Y., introduced H.R. 2735 to give independent repairers a level playing field with the new car dealers. Consumers and small businesspersons are at a disadvantage under the current information system.
Why federal intervention? It is necessary because a federal law put us in the situation we find ourselves today. The Clean Air Act Amendments of 1990 insisted on technical vehicle improvements far beyond what repairers or consumers ever anticipated. These new systems have come to impact both emissions and non-emissions repair issues. In a convoluted process, federal regulators attempted to protect automobile manufacturer information yet provide repairers and consumers adequate protections. This failed. As FedWorld began to unfold after the August 1995 U.S. Environmental Protection Agency (EPA) service information regulation, it was obvious, even to the regulators, this dissemination process was not viable.
After much review by the EPA and the automotive industry, the EPA has issued a new service information proposed regulation that will go a long way toward resolving the emissions information problem. It is not a final regulation, nor does it cover non-emissions information. The Automotive Service Association (ASA) supports the proposed regulation. ASA testified before the EPA recently in Ann Arbor, Mich., on the proposed regulation.
ASA is also active in the National Automotive Service Task Force. This group is comprised of automotive manufacturers, dealers and the aftermarket. The goal of the task force is to develop an industry solution to the service information problem. It, too, is a step in the right direction, but problems still remain.
The Barton-Towns bill, if enacted, will ensure repairers the service information necessary to take our industry into the future. Rather than determining whether you have to specialize because of the price or limited access to information and training, or narrow the makes of vehicles you can repair in your facility, Barton-Towns allows the largest automotive repair sector in this country - the independent - to not only survive, but to plan for the future.
In Barton's floor statement made Aug. 2, he commented “Mr. Speaker, today I am introducing the Motor Vehicle Owner's Right to Repair Act. As the name implies, this bill will preserve a vehicle owner's freedom to choose where, how and by whom to repair their vehicles as well as their choice in car parts.”
In an ASA survey several years ago, a very small percentage of repairers said they had to turn vehicles away because of the lack of service information. This number has grown tenfold since that time.
Barton continued, “Right now, thousands of vehicle owners are being turned away from their local repair facility. They are being denied the choice of working on their own vehicles, or the choice of replacement parts because information necessary to make these repairs or integrate replacement parts with the vehicle computer system is not readily available or not available at all. This isn't the way it used to be.”
H.R. 2735 has been referred to the House Commerce Committee and the subcommittee of jurisdiction is the Subcommittee on Commerce, Trade and Consumer Protection. Rep. Cliff Stearns, R-Fla., chairs the subcommittee and Towns is the ranking member of the subcommittee. Barton is chairman of the Energy and Quality Subcommittee for the Commerce Committee.
ASA encourages repairers to contact their representative and ask them to co-sponsor H.R. 2735. Information on how to contact your representative and more information about the legislation can be found on ASA's Web site (www.asashop.org).
A recent poll by a national polling firm found that 92 percent of registered voters support a national bill in Congress that ensures the availability of service and parts information. Further, 72 percent of those surveyed agreed they would be more likely to vote for a candidate for Congress if the candidate supported the federal legislation. The sample size was 803 registered voters.
Via the Internet, direct mail, AutoInc. and ASA meetings (large and small), ASA has attempted to identify service information problems since the 1995 EPA regulation. This legislation is an opportunity for repairers to be heard in Congress. We would be remiss if we did not educate our representatives as to the impact a lack of service information would have on the businesses located in their congressional districts. If you believe this is an issue of concern for the future of your business, you should contact your representative as soon as possible and ask that he or she cosponsor this legislation.
