by Amy Antenora
Managing Editor, aftermarketNews.com
WASHINGTON — Yesterday, scores of representatives from the automotive aftermarket along with representatives from the original equipment manufacturers turned up on Capitol Hill to attend a Congressional hearing on HR 2735 — the Motor Vehicle Owners’ Right to Repair Act.
If passed, HR 2735 would mandate that car manufacturers make available all service and repair information to independent service technicians.
The hearing, which took place before the House Subcommittee on Commerce, Trade and Consumer Protection of the House and Energy Commerce Committee, is a major step forward for those who have been lobbying in support of the legislation. A long time in the making, the Right to Repair Bill was first introduced before Congress in 2001. The bill has gained momentum each year, but never made it through the entire legislation process before time ran out. Since 2001, numerous industry associations and organizations have voiced opinions both in support of and opposition to the bill. The bill, which this year was introduced by House Energy and Commerce Committee Chairman Joe Barton (R-Texas) and Rep. Edolphus Towns (D-NY), currently has 113 sponsors. Senator Lindsey Graham (R-S.C.) introduced a Senate companion bill, S. 2138, which has 10 co-sponsors.
At the hearing yesterday, Chairman Barton told the carmakers that this is the last attempt to get this issue solved before Congress will intervene.
Much to the chagrin of those who have lobbied hard in support of HR 2735, in September 2002, the Automotive Service Association (ASA), the Association of International Automobile Manufacturers and the Alliance of Automobile Manufacturers announced that they had reached an agreement to provide the same service, tooling and training information that they give to their franchised dealerships to independent repair shops. From their standpoint, the issue was resolved through this agreement, with all automakers on board. All of the OEs currently have their repair information available online. The information, depending upon the automaker, can be purchased on an hourly, monthly or annual basis.
However, several independent repair shop owners and technicians who testified at the hearing yesterday said they are still having problems with the agreement as it stands today.
Automotive Aftermarket Industry Association (AAIA) member Lynn Cardwell, who owns a large repair shop in Sacramento, Calif., was among those who testified yesterday. In her testimony, Cardwell compared using the OEM web sites to going into the catacombs without a flashlight. “You may or may not find what you’re looking for but it’s going to be time-consuming either way,” Cardwell told Congress.
Cardwell also added: “We lose our customers’ confidence every time we have to admit we don’t have repair information for their vehicles so that we need to send them to the new car dealer.”
In addition to complaints that the OEM web sites are not user-friendly and potentially expensive to subscribe to (According to the Coalition for Auto Repair Equality, subscribing to just the top 21 automakers’ web sites would cost more than $37,000 a year.), many in the industry fear that a ‘handshake’ agreement is just not good enough.
In a statement submitted yesterday to the Congress subcommittee, Roy Littlefield, executive vice president of the Tire Industry Association (TIA), said TIA members have found it increasingly difficult over the years to service new vehicles due to the limited “sharing of information” from the automobile manufacturers.
“TIA, while viewing that agreement as a step in the right direction, sees no enforcement mechanism in the agreement and therefore still fully supports the Motor Vehicle Owners’ Right to Repair Act,” said Littlefield.
While it is true that there currently is no legal enforcement available to independent repair shops that claim the OEMs are not providing the information they agreed to, there are certain industry associations and organizations that are spearheading ‘watchdog’ efforts.
Yesterday, the Motor & Equipment Manufacturers Association issued a statement defining its stance on Right to Repair, which included plans to serve as a ‘watchdog’ in this issue. (To read more about this news, click here). Shortly after the service information agreement was announced in 2002, the National Automotive Service Task Force (NASTF), a completely volunteer agency, set up a web site (www.nastf.org) to serve as a portal for OEM service and repair information, as well as a resource through which shops can lodge complaints.
Those in opposition to the bill also had the opportunity to voice their opinions before Congress. According to an article in the Detroit Free Press, Greg Dana, vice president of the Alliance of Automobile Manufacturers, said the agreement is working and Congress shouldn’t get involved. “The vast majority of repairs are performed with no problem,” Dana said.
Two automakers also testified yesterday before Congress.
After gathering testimony from all sides yesterday, the subcommittee must move the issue to the full committee and then to the floor, however there may not be time to do so before the session ends. According to Aaron Lowe, vice president, regulatory & government affairs for AAIA, which spearheaded the Right to Repair Legislation, the hearing yesterday was a step in the right direction.
“We’re determined to move it as far as we can, but realistically it’s going to be tough road,” said Lowe. “Whether we get it through this year or not, we’re going to be back next year. I think this hearing has shown that the problem is not solved and as useful as NASTF can be, it’s not a resolution to the problem.”
Stay tuned….aftermarketNews.com will continue to provide updates on this story.
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