Right to Repair Gains Federal Support

BOWIE, Md. – Right to Repair legislation has again gained federal support with the reintroduction of the Right to Equitable and Professional Auto Industry Repair (REPAIR) Act, H.R. 906, by Congressman Neal Dunn (R-Fla.-02).

The bill is co-sponsored by Rep. Brendan Boyle (D-Penn.-02), Rep. Warren Davidson (R-Ohio-08) and Rep. Marie Gluesenkamp Perez (D-Wash.-03).

Right to repair remains a top priority for TIA members and a national law would provide for much needed clarity and direction in vehicle repair. TIA has supported efforts on both the state and federal levels in recent years.

Modern cars and trucks contain advanced technology that monitors or controls virtually every function of the vehicle including: brakes, steering, air bags, fuel delivery, ignition, lubrication, theft prevention, emission controls and soon, tire pressure. Car and truck owners, as well as the facilities that repair these vehicles need full access to the information, parts and tools necessary to accurately diagnose, repair or re-program these systems.

H.R. 906 will ensure consumers have access to data relating to their motor vehicles, critical repair information and tools, and to provide them choices for the maintenance, service and repair of their motor vehicles.

Congressman Dunn is a member of the House Energy and Commerce Committee, which has responsibility for consumer protection matters, where the bill has been referred.

“When it comes to repairing their automobiles, consumers deserve options,” Dunn said. “The REPAIR Act would give owners, including the rural communities in my district, secure access to critical data so the service center of their choosing can replace parts and repair their vehicles. I am proud to support competition in the vehicle repair industry and this important legislation.”

New vehicles require access to critical parts, tools and repair and maintenance data to properly service and complete repairs and routine maintenance. 

TIA members need the repair and maintenance data that is now being wirelessly transmitted from vehicles via telematics systems in a cloud-based format.

The REPAIR Act will accomplish this by:

• Preserving consumer access to high quality and affordable vehicle repair by ensuring vehicle owners and their repairers of choice have access to necessary repair and maintenance tools and data as vehicles continue to become more advanced;
• Ensuring access to critical repair tools and information. All tools and equipment, wireless transmission of repair and diagnostic data and access to on-board diagnostic and telematic systems needed to repair a vehicle must be made available to the independent repair industry;
• Ensuring cybersecurity by allowing vehicle manufacturers to secure vehicle-generated data and requiring the National Highway Traffic Safety Administration (NHTSA) to develop standards for how vehicle-generated data necessary for repair can be accessed securely;
• Providing transparency for consumers by requiring vehicle owners be informed they can choose where and how to get their vehicle repaired;
• Creating a stakeholder advisory committee and providing them with the statutory authority to provide recommendations to the Federal Trade Commission (FTC) on how to address emerging barriers to vehicle repair and maintenance; and
• Providing ongoing enforcement by establishing a process for consumers and independent repair facilities to file complaints with the FTC regarding alleged violations of the requirements in the bill and a requirement that the FTC act within five months of a claim.

As vehicle technology continues to advance, TIA has been on the forefront in addressing new vehicle technologies and electric vehicles.

Last year, TIA formed an Electric Vehicle Advisory Council (EVAC) to address issues tire dealers are facing and to recommend best practices to the industry. The mission of the EVAC is “to identify procedures to safely service electric vehicles and to promote them through education and training to tire, automotive and commercial service centers.” The EVAC will develop a list of recommended “best practices” for TIA tire, automotive and commercial service centers to safely service electric vehicles.

The REPAIR Act will reduce the repair access barriers when working on EVs.

Other Efforts

• In November 2020, Massachusetts voters overwhelmingly voiced their support for Ballot Question 1, also known as Right to Repair, with 75% of the vote, which preserves their right as vehicle owners to have access to and control of their vehicles’ mechanical data necessary for service and repair at the shop of their choice. The lawsuit against the right to repair law is still pending. The most recent development occurred on Jan. 11 when the parties agreed to a joint stipulation and proposed scheduling order for “(a) conducting the additional document discovery ordered by the Court and (b) briefing that motion for a protective order.” The law has been held up by a federal judge for three years citing numerous reasons for delay.

• In May 2021, the FTC released a report highlighting the barriers auto manufacturers have instituted to block consumers’ right to repair. In the report, the FTC supported expanding consumer repair options and found “scant evidence” for the repair restrictions imposed by original equipment manufacturers. In a subsequent policy statement on the report, the FTC noted that these repair restrictions create hardships for families and businesses and that the commission was “concerned that this burden is borne more heavily by underserved communities, including communities of color and lower-income Americans.”

• In July 2021, President Biden issued an executive order encouraging the FTC to address anti-competitive repair restrictions.

?In 2022, TIA joined efforts with the Maine Right to Repair Coalition, which has collected more than 70,000 signatures on a petition that supports the right for independent repairers to access the vehicle diagnostic data they need to complete repairs. The goal is to get a right to repair referendum in front of voters on the November ballot. TIA is rallying dealers in Maine and providing materials to gather support for these efforts.

• In 2023, TIA worked with Maryland Delegate Kevin Hornberger (R) and his staff to introduce HB 1193 in Maryland. The bill titled: Consumer Protection-Motor Vehicles-Right to Repair addresses the right to repair issue on the state level by requiring a manufacturer that sells motor vehicles with telematics systems to install an open data platform in certain motor vehicles. The bill has a hearing in the House Economic Matters committee on March 8 at 1:00 p.m.

?Passing the REPAIR Act will be a focus and top priority for TIA in the 118^th Congress.

TIA is actively recruiting members in the House of Representatives to join as a co-sponsor to the bipartisan legislation. 

Contact TIA Vice President of Government Affairs Roy Littlefield IV (rlittlefield2@tireindustry.org) with questions and to learn how you can support efforts to pass right to repair legislation on the state and federal levels.