Organizations representing the independent automotive repair industry, service professionals, collision repair experts, and most automakers have proposed a federal bill that they say would continue to guarantee independent repair facilities the same ability to perform diagnostic and repair services as franchised auto dealers while bolstering consumers’ right to choose safe repairs that use the repair information made available by automakers.

The coalition comprised of the Automotive Service Association (ASA), Society of Collision Repair Specialists (SCRS), and Alliance for Automotive Innovation (Auto Innovators) sent a letter to Congress on Feb. 18 outlining the Safety as First Emphasis (SAFE) Repair Act in response to the automotive “right to repair” debate sweeping the nation.

“This collaboration between our organizations reflects a unified desire to advance consumer safety and choice while addressing the challenges and opportunities in today’s automotive repair landscape,” the letter states. “To address technical issues that arise, Auto Innovators, ASA, and SCRS have a longstanding track record of working with the industry to retrieve answers and solutions.”

The SAFE Repair Act hasn’t been filed yet but, according to a press release issued by the coalition on Thursday, it will:

• • Ensure consumers and independent repair shops have the data they need to repair vehicles.
  • Ensure consumers retain the right to decide where and how their vehicles are repaired.
  • Guarantee repairs are performed according to manufacturer-produced repair procedures to restore vehicle safety systems and structural integrity.
  • Ensure consumers can decide between OEM parts and non-OEM parts.
  • Extend the same recall and safety protections to customers who choose non-OEM parts as currently available for customers who choose OEM parts.
  • Require disclosure of prior alterations or repairs made to used vehicles.
  • Support and promote periodic safety inspection and post-collision inspection programs to safeguard against unsafe or improper repairs.

The letter contends that the Right to Equitable and Professional Auto Industry Repair (REPAIR) Act, introduced during the last Congressional session, “contained significant flaws.”

“It’s really important to all of us that we don’t just oppose ineffective language, but that we help to develop better solutions,” SCRS Executive Director Aaron Schulenburg told Repairer Driven News. “We don’t believe the REPAIR Act addresses the real challenges faced in the industry, and it is important to us that the SAFE Repair Act meaningfully protects consumers’ right to decide where and how their vehicles are repaired, and how the information that is available is used to restore safety systems, restore the vehicle structure, and to keep them and their families safe.”

Proponents of R2R initiatives have taken the position that independent repairers, owners, and anyone not affiliated with a dealership or OEM are restricted from access to information necessary to conduct repairs. Auto Innovators, SCRS, and ASA have long shot down that argument pointing back to a national 2014 memorandum of understanding (MOU) between automakers and the automotive aftermarket.

“Repair shops do have access,” ASA Chairman Scott Benavidez told RDN. “Yet, the right to repair issue continues to dominate the auto policy space. We found in the 118th Congress that this was much-discussed while critical issues such as technician recruitment, education, and training were relegated to side issues. This could also be said as to the impact on OEM repair procedures, periodic motor vehicle inspection, post-repair inspection, and a host of other issues important to repair shops. Hopefully, this legislative proposal will allow the policies that are important to independent shops to move to receive greater focus.”

The Feb. 20 coalition press release says that the REPAIR Act sought to mandate access to tools, data, and information but was “silent on a consumer’s right to ensure these were utilized to restore a vehicle’s safety systems or structure to full functionality.”

“In fact, safety was never addressed as a priority of the REPAIR Act but is a priority of the proposed SAFE Repair Act,” the release states.

Four key points were made in the coalition’s letter to Congress about the REPAIR Act:

1. 1. “Automotive right to repair is already well-established in the United States and roughly 70% of post-warranty work today is already completed outside of the automakers’ authorized dealer networks.
   2. “Automakers already provide necessary information, tools, and data for diagnosing and repairing vehicles to independent repair shops, ensuring parity with franchised dealerships.
   3. “[T]he REPAIR Act is silent on a consumer’s right to ensure those tools or information are utilized for the specific purpose of restoring that vehicle’s safety systems and structure to full functionality.
   4. The 2014 MOU is still in effect and the 2023 Automotive Repair Data Sharing Commitment “establishes enforceable obligations through a robust dispute resolution process.”

“While these existing frameworks have created a thriving and competitive repair marketplace, we understand the desire for a federal legislative solution that addresses evolving consumer expectations and technological advancements,” the letter states. “That’s why our three organizations have come together to propose a new path forward – one that builds on existing protections while introducing additional measures to prioritize consumer safety and choice.”

Following the announcement of the 2023 agreement, and during legislative debates since, several aftermarket industry associations have opposed it saying it doesn’t provide the aftermarket the same access as OEM dealers to the procedures, tools, and equipment necessary to repair vehicles. The argument has also been made that the agreement and the 2014 MOU aren’t enforceable.