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Right to Repair legislation has failed on the federal level in the past several congresses. Therefore, proponents of such legislation have now moved to the state level. ASA opposes Right to Repair legislation on both a federal and state level.
State Legislative Initatives
National Motor Vehicle Title Information System Data to be Available in 2009
U.S. Federal District Court Judge Marilyn H. Patel, of the Northern District of California, has ruled in favor of Public Citizen Inc. in the case Public Citizen Inc., Consumers for Auto Reliability and Safety, and Consumer Action v. Michael MuKasey, Attorney General of the United States. Public Citizen filed the suit in February 2008 to fight for a used-car database established by the U.S. Congress 16 years ago in the Anti-Car Theft Act. The U.S. Department of Justice had failed to make the system available to prospective vehicle owners.
The National Motor Vehicle Title Information System establishes a database of vehicles compiled from state, salvage and insurer reporting. The court ordered that consumers shall have access to this information by Jan. 30, 2009.
Legislation was introduced in the 110th Congress to also address the vehicle disclosure issue. This total loss legislation failed to move forward prior to the congressional fall recess.
Massachusetts State Bill 4892, the state's Right to Repair effort, has failed. ASA opposed the legislation due to the belief that the bill would promote, without a compelling governmental rationale, more government bureaucracy, more regulation and more litigation.
- Click here for more information on this legislation.
The U.S. Senate Committee on Environment and Public Works has approved a bill to force the EPA to rule on the California Waiver Request to regulate greenhouse gases.
U.S. Rep. Lynn Westmoreland, R-Ga., sent a letter to House colleagues on
June 12, 2007, urging them to oppose "Right to Repair" legislation.
Westmoreland believes the legislation is unnecessary because the private
sector already provides cost-effective access to the information necessary
to service or repair vehicles.
The Automotive Service Association (ASA) and the National Automobile Dealers Association (NADA) issued a joint letter on June 13, 2007 that was sent to all members of Congress. The letter urged members to oppose potential Right to Repair legislation.
Click here to read the amended text of H.R. 2048.
The U.S. Environmental Protection Agency (EPA) has completed its survey of the automotive service community on technicians' exeriences with original equipment manufacturer (OEM) Web sites. The EPA completed its findings in August 2006. Click here to view the EPA's findings.
In a letter dated May 24, 2006, the Engine Manufacturers Association (EMA) sent a letter to Rep. Joe Barton and Rep. Cliff Stearns stating the association opposes H.R. 2048. EMA believes the best way to address the issue is through a voluntary, non-regulatory approach.
The Automotive Service Association (ASA), the National Automobile Dealers Association (NADA) and Associated Locksmith of America (ALOA) published this ad in the May 23, 2006 editions of the National Journal Congress Daily AM and the Congressional Quarterly Today. The ad asks representatives to oppose H.R. 2048.
Click here to download a copy of the ad.
Click here to contact your representative.
The U.S. House of Representatives Energy and Commerce Committee's Subcommittee on Commerce, Trade and Consumer Protection held another hearing on May 17, 2006 to further discuss H.R. 2048, the Motor Vehicle Owners' Right to Repair Act.
H.R. 2048 seeks to have the Federal Trade Commission (FTC) responsible for service information in the automotive repair industry.
During questions by Rep. Cliff Stearns, R-Fla., chairman of the subcommittee, the FTC admitted it has very limited knowledge or background in the automotive repair industry and lacked the resources to perform this particular task.
Click here to read the press release.
Click here to contact your elected officials asking them to oppose H.R. 2048.
The House Committee on Energy and Commerce held a hearing regarding Right to Repair legislation on Nov. 10, 2005. The subcommittee heard testimony of several witnesses, including Steve Brotherton of Continental Imports in Gainesville, Fla. Brotherton testified to the committee on behalf of the Automotive Service Association.
For two months, members of the Coalition for Automotive Repair and Fair Information Xchange (CARFIX) have worked to develop a non-legislative alternative to H.R. 2048, the Motor Vehicle Owner's Right to Repair Act. Regrettably, negotiations with the Coalition for Auto Repair Equity (CARE) and the Automotive Aftermarket Industry Association (AAIA) - the principal groups supporting the legislation - did not result in an agreement. CARFIX members include the Automotive Service Association (ASA), the Alliance of Automobile Manufacturers and the Association of International Automobile Manufacturers. The National Automobile Dealers Association (NADA) was also represented in these negotiations.
The Associated Locksmiths of America (ALOA) recently withdrew its support for the Motor Vehicle Owners' Right to Repair legislation. Click here to read the ALOA's press release announcing its withdrawal.
Eddie Ehlert, owner of Mazdonly Ltd. in Chamblee, Ga., testified before the U.S. House of Representatives Small Business Subcommittee on Workforce, Empowerment and Government Programs on H.R. 2048, the Motor Vehicle Owners' Right to Repair Act. Ehlert testified on behalf of the Automotive Service Association (ASA) in opposition to the legislation.
- Click here to read the entire transcript from the House Small Business Committee hearing.
- Click here to read Ehlert's testimony.
- Click here to read the press release.
U.S. Rep. Joe Barton, R-Texas, chairman of the House Energy and Commerce Committee, has introduced H.R. 2048, new legislation that is a scaled-back version of last year's Motor Vehicle Owner's
Right to Repair Act, H.R. 2735. The new measure, titled "Motor Vehicle Owner's Right to Repair Act 2005," drops several controversial provisions previously contained in H.R. 2735.
Provisions eliminated include:
- Private Right of Action
- Parts Information
- Vague Federal Trade Commission Enforcement
"Self regulatory programs, when successful, can address issues with greater speed and more flexibility than government regulation. That may be particularly true here where the groups would have greater familiarity with automobile technology as it evolves than the FTC's attorneys and economists."
- Federal Trade Commission
- Click here to download the FTC's letter to Congressman Dingell
In a joint letter dated Sept. 26, 2002 sent to U.S. Sen. Byron Dorgan, D-N.D., chairman of the Senate Commerce Subcommittee on Consumer Affairs, Foreign Commerce and Tourism, the Alliance of Automobile Manufacturers (Alliance), the Association of International Automobile Manufacturers (AIAM) and the Automotive Service Association (ASA) announced they have reached an understanding regarding the type of service information and diagnostic tools available to independent repairers.
In a joint news release, ASA, the Alliance and AIAM announced the historic information availability agreement.
Sen. Paul Wellstone, D-Minn., praised the deal reached by auto manufacturers and independent automotive repair shops to share access to the codes and diagnostic tools necessary to repair newer model cars.
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