For the third time, U.S. Rep. Edolphus Townes (D-NY, 10th) has introduced a “Right to Repair” bill**, now into the 111th Congress on 22 APR 09 (H.R. 2057). At this point there are 23 cosponsors. The bill has been referred to the House Committee on Energy and Commerce.
In two Congresses before (109th and 110th) no action was taken in committee.
In the last Congress (the 110th) the committee chairman represented Dearborn, MI so you know where that went (nowhere).
At first I thought a re-introduction would be DOA with BHO’s support of the U.S. manufacturing/car support industries. But now, with the slaughter of franchised/small business dealers who may have to revert to the independent repair business, it may again have legs.
I regret that the URL provided is presently non-functional. Here is the text:
"Motor Vehicle Owners Right to Repair Act of 2009. (Introduced in House)
HR 2057 IH
111th CONGRESS
1st Session
H. R. 2057
To protect the rights of consumers to diagnose, service, maintain, and repair their motor vehicles, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
April 22, 2009
Mr. TOWNS (for himself, Mr. GEORGE MILLER of California, and Ms. ESHOO) introduced the following bill; which was referred to the Committee on Energy and Commerce
BILL
To protect the rights of consumers to diagnose, service, maintain, and repair their motor vehicles, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Motor Vehicle Owners Right to Repair Act of 2009.'
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings- The Congress finds the following:
(1) Motor vehicle owners are entitled to choose which service provider will diagnose, service, maintain, or repair their motor vehicles.
(2) Promoting competition in price and quality for the diagnosis of problems, service, maintenance, and repair of motor vehicles will benefit consumers.
(3) Regular diagnosis, service, maintenance, and repair of motor vehicles, motor vehicle equipment, and motor vehicle systems such as pollution control, transmission, antilock brakes, electronic and mechanical systems, heating and air-conditioning, and steering are essential to America's mobility, minimizing fuel consumption, protecting the environment, and enabling the highest levels of safety possible in modern motor vehicles.
(4) Computers of various kinds are now used by manufacturers in motor vehicle equipment and motor vehicle systems. On-board computer technology controls virtually all of the vehicle's systems, and only service technicians with the necessary tools and information can access the computers to perform diagnosis, service, maintenance, and repair of the vehicle.
(5) Manufacturers have made available to their authorized dealers and service providers the information, tools, codes, and replacement equipment necessary to diagnose problems and to service, maintain, and repair motor vehicles that incorporate computers in their motor vehicle systems.
(6) Consumers in the United States have benefited from the availability of a wide choice of service providers for their motor vehicles. The American economy has also benefited from the availability of an aftermarket tools and parts supply that provides jobs to over 5 million workers in 495,000 businesses, and generates $200 billion in annual sales.
(7) Vehicles are now being equipped with systems that permit vehicles to communicate repair and diagnostic information wirelessly with the vehicle manufacturer and repair facilities. Car owners have the right to choose where and to whom information generated by their vehicle and vehicle computers is sent.
(b) Purposes- The purposes of this Act are--
(1) to protect motor vehicle owners' right to choose a service provider for the diagnosis, service, maintenance, and repair of their motor vehicles;
(2) to promote competition in price and quality among service providers; and
(3) to promote safety and fuel efficiency by allowing consumers to choose among competing service providers."
(a) Duty To Disclose Information- The manufacturer of a motor vehicle sold, leased, or otherwise introduced into commerce in the United States must provide to the motor vehicle owner and service providers, using reasonable business means and on a non-discriminatory basis, all information to diagnose, service, maintain, or repair the motor vehicle. This information must include--
(1) information about safety alerts, recalls, service bulletins and the need for adjustments to maintain vehicle efficiency, safety and convenience; and
(2) all information of any kind provided directly, indirectly, or wirelessly to new car dealers or any repair facility to diagnose, service, maintain, repair, activate, certify, or install any motor vehicle equipment (including replacement parts and equipment) in a motor vehicle.
(b) Duty To Make Tools Available- The manufacturer of a motor vehicle sold, leased, or otherwise introduced into commerce in the United States must offer for sale to the motor vehicle owner and to all service providers on a reasonable and non-discriminatory basis, any tool for the diagnosis, service, maintenance, or repair of a motor vehicle, and provide all information that enables aftermarket tool companies to manufacture tools with the same functional characteristics as those tools made available by the manufacturers to authorized dealers.
(c) Replacement Equipment- The manufacturer of a motor vehicle sold, leased, or otherwise introduced into commerce in the United States must offer for sale to motor vehicle owners, and to all service providers on reasonable and non-discriminatory terms, all equipment for diagnosis, service, maintenance, or repair of a motor vehicle.
(d) Protection of Trade Secrets-
(1) A manufacturer may not be required to publicly disclose information that, if made public, would divulge methods or processes entitled to protection as trade secrets.
(2) No information may be withheld by a manufacturer on the ground that it is a trade secret if that information is provided (directly or indirectly) to authorized dealers or service providers.
Weird........ just had this kinda conversation with the guy who does my car A/C work, and he said that automakers are now legally bound to disclose this information to auto shops. He subscribes to Mitchell's service, and states that he expects to have smart repair info "shortly". He's been a reliable non-BSer. Currently he has only maintenence info, which we already have.
Well, I have sent emails to both my senators, plus my district's congressman. None take paypal, so I can't guarantee that it will go anywhere, but I guess it doesn't hurt...
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