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Oklahoma State Legislature Proposes State 'Right to Repair' Bill
February 1, 2007
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By Amy Antenora
Editor

Oklahoma’s House of Representatives has proposed its own version of the Right to Repair Act. House Bill 1584, known as the “Motor Vehicle Owners Right to Repair Act,” was introduced Jan. 3 by Rep. Lucky Lamons (D).

Text of the bill states that the Legislature finds that limiting access to vehicle repair information limits consumer choice and thus limits competition. It also states that the “ability to diagnose, service and repair a motor vehicle in a timely, reliable and affordable manner is essential to the safety and well-being of consumers in this state.”

The bill declares that Oklahoma vehicle owners should have the right to:

a) “obtain all information necessary to provide for the diagnosis, service and repair of their vehicles;

b) choose between original parts and aftermarket parts when repairing their motor vehicles; and

c) make, or have made, repairs necessary to keep their vehicles in reasonably good and serviceable condition during the expected vehicle life.”

The bill also states that upon request, an automotive manufacturer must “provide to the vehicle owner, to a repair facility and to the executive director [of the Oklahoma Motor Vehicle Commission] for use by any vehicle owner or repair facility, the information necessary to diagnose, service or repair a motor vehicle.” However, the carmaker would not be required to publicly disclose any information, methods or processes that are protected as trade secrets. The rules would be in effect for vehicles manufactured after model year 1994.

If passed, the bill would go into effect on Nov. 1, 2007. At that time, the director of the Oklahoma Motor Vehicle Commission would determine the method through which the manufacturer should provide the information, whether its disclosure in print, on the Internet or in some other form. Violation of the act would result in fines of up to $10,000 for the first offense and fines of no more than $25,000 for second or subsequent offenses. The bill would also enable a vehicle owner or repair shop to take civil action if the act is violated.

On its legislative website, TakingtheHill.com, the Automotive Service Association (ASA) is urging Oklahoma shop owners to contact their state House of Representatives members to ask that they oppose the bill. The association also issued a press release urging Oklahoma shop owners to ask their state reps to oppose it.

In the release, ASA’s Washington, D.C. Representative Bob Redding stated, "Right to Repair legislation has failed on the federal level in the last several congresses. Proponents of Right to Repair legislation have now moved to the state level. We hope Oklahoma legislators will also say no to Right to Repair legislation and more government intervention.”

Aaron Lowe, vice president of government affairs for the Automotive Aftermarket Industry Association (AAIA), the association which spearheaded Right to Repair on a national level, said AAIA supports the efforts of state legislators who are working to get Right to Repair bills introduced, as the association continues its efforts on a national level. Lowe stated that the national reintroduction of the Motor Vehicle Owners Right to Repair Act is in the early stages but is going well.

“We have to readjust our strategy with the new leadership,” Lowe said. “Every year is a new year and you need to look at the lay of the land in Congress, but we are optimistic about having a pro-consumer group [in the leadership position].”