The Right to Equitable and Professional Auto Industry Repair (REPAIR) Act, a bipartisan, bicameral bill led by Senators Ben Ray Luj谩n (D-N.M.) and Josh Hawley (R-MO) was introduced in the Senate, marking another step forward in efforts to ensure consumer choice while giving independent repair providers access to the tools, data, and technology needed to keep trucks running safely and affordably.
The Senate introduction follows the re-introduction of the bipartisan REPAIR Act (H.R. 1566) in the House of Representatives by Reps. Neal Dunn (R-FL) and Marie Gluesenkamp Perez (D-WA).
Of importance to 麻豆色播 members, the House and Senate bills contain a number of key differences. Most notably, H.R. 1566 explicitly includes commercial motor vehicles. 麻豆色播 continues to advocate for the inclusion of commercial trucks in any right to repair legislation.
麻豆色播鈥檚 truck stop and travel center members operate more than 800 independent repair shops, many of which have relationships with the nation鈥檚 largest fleets as well as independent truck drivers. The REPAIR Act should cover commercial trucks to ensure that manufacturers do not lock out owners and independent service providers from providing repairs by denying access to parts, tools, and the requisite documentation needed to service their vehicles.
Rather than encouraging equipment manufacturers to remain 鈥済atekeepers鈥� of the advanced information necessary to repair or supply parts to motor vehicles, it is our hope that the REPAIR Act will ensure that vehicle owners and independent repair shops have equal access to repair and maintenance tools and data as car companies and licensed dealerships.
The House bill, which 麻豆色播 supports, is largely similar to the version filed during the 118th legislative session. Changes included: Elimination of vehicle-generated data access through a standardized access platform; Inclusion of language specifying that vehicle owners, or their designees, would have access to vehicle-generated data through vehicle OBD ports and J1939 network, and wirelessly via any telematics system on vehicles equipped with wireless data transmission capability; Pre-emption of state law if passed; 鈥淎 state, or political subdivision of a state, may not maintain, enforce, prescribe, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of a law of the state, or political subdivision of the state, that is covered by any provision of this act or any regulation promulgated pursuant to this act.鈥�
Both bills would require OEMs to give vehicle owners and their designees access to their vehicle-generated data. The Senate version is more specific to all data provided to the manufacturer, motor vehicle dealer, authorized motor vehicle service provider, or any other third party in or at the same manner, time, method, cost, data content set, and subject to the same cryptographic or technological protections.
Among their differences, the H.R. 1566 doesn鈥檛 address who has access to tools and repair information. The Senate bill would require manufacturers to make 鈥渁ny critical repair information, tools, and parts related to the motor vehicles it manufacturers at fair, reasonable, and non-discriminatory cost鈥� available to owners (and their designees), aftermarket parts manufacturers, remanufacturers, diagnostic tool manufacturers, and vehicle repair facilities (including their distributors and service providers).
The House and Senate bill also do not share a common definition of a “barrier.” The Senate bill would prohibit the use of 鈥渁ny barrier鈥� to prevent access to vehicle-generated data, critical repair information, tools, and parts. The Senate bill defines 鈥渂arrier鈥� as 鈥渁 technological or contractual restriction that prohibits or materially interferes with the ability of a motor vehicle repair facility or a service provider to return a vehicle to operational specifications, including any action that prohibits or materially interferes with the process of pairing aftermarket parts or alternative parts with the vehicle.鈥�
The House bill bars 鈥渁ny technological barrier or specified legal barrier鈥� and defines 鈥渂arrier鈥� as 鈥渁 restriction that prohibits, makes more difficult, or tends to make more difficult the ability of a person to exercise rights.鈥�
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