Congressman Neal Dunn (R-Florida-02) has again introduced a Right to Equitable and Professional Auto Industry Repair (REPAIR) Act (H.R. 1566) which he says would ensure vehicle owners have access to important repair and diagnostic data needed for auto repairs.

The bill is mostly similar to the version Dunn filed during the last legislative session except it eliminates any mention of vehicle-generated data access through a standardized access platform and an independent entity that would establish and administer access to vehicle-generated data.

Instead, 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.

“Currently, automakers are restricting vehicle owners and automotive repair shops from accessing repair data and tools, resulting in higher repair costs, fewer service options, and longer wait times for vehicle maintenance,” a press release from Dunn’s office states. “The REPAIR Act would affirm that this data belongs to the vehicle’s owner, not the manufacturer.”

In addition, a section on requirements for those who receive vehicle-generated data is included in the new act.

The section states anyone who accesses the data “may not use such data for any purpose unrelated to the diagnostics, repair, service, wear, and calibration or recalibration of parts and systems of the motor vehicle as such services are requested by the motor vehicle owner” or “sell, license, or transfer such data to any other person, except as requested or consented to by the motor vehicle owner for the purpose of diagnostics, repair, service, wear, and calibration or recalibration of parts and systems of the motor vehicle.”

The newly filed REPAIR Act also moves its direction to the National Highway Traffic Safety Administration (NHTSA) from one year to 180 days after enactment to issue regulations requiring OEMs and dealers to inform vehicle owners about their data access rights when they purchase vehicles.

Also new is the preemption of state law if the new act is passed.

The bill states, “A 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.”

The previous bill from Dunn’s office only preempted state law if it imposed a narrower duty on a manufacturer than the federal act.

A new section would allow OEMs to keep “de-identified” data that’s doesn’t identify and or link to a distinct individual or motor vehicle for research and development

“American consumers deserve full control over their vehicle repair and maintenance data to ensure they can find the best service for their vehicle at a reasonable price,” Dunn said, in the release. “Unfortunately, vehicle manufacturers are standing in the way of American consumers accessing their own data to use the repair shop of their choosing, limiting consumer choice. For far too long, manufacturers have championed anti-competitive practices by withholding crucial maintenance information, squeezing their customers and independent repair shops.

“Your vehicle belongs to you, not the manufacturer. I am introducing the REPAIR Act to provide a binding, workable solution to anti-competitive behavior in the auto repair industry to reaffirm consumer control over their vehicle maintenance data and empower them to work with repair shops big and small.”

The release from Dunn’s office notes the Feb. 11 dismissal of a lawsuit against Massachusetts Attorney General Andrea Campbell by the Alliance for Automotive Innovation (Auto Innovators) over the state’s new Data Access Law.

The suit was filed in 2020 after the passage of the state’s Data Access Law, which was approved by referendum on the state’s November 2020 ballot. The law expands the state’s right to repair law and requires OEMs to create and implement an onboard, standardized diagnostic system that would be accessible to everyone with or without OEM permission.

Auto Innovators argued that OEMs can’t safely and consistently comply with the legislation. A trial on the suit was held in 2021.

Among the reasons for Judge Denise J. Casper’s dismissal was the “plain language” of the Data Access Law, and that options exist for automakers to grant or bar access to what’s necessary for repairs.

Dunn says vehicle manufacturers resisted the Massachusetts 2020 ballot measure that led to the new law through another group, the Coalition for Safe and Secure Data, which raised over $26.4 million to campaign against the initiative, according to the release.

“On July 11th, 2023, the Alliance for Automotive Innovation released a memorandum of understanding (MOU) between vehicle manufacturers and two automotive repair industry groups, the Automotive Service Association [ASA] and the Society of Collision Repair Specialists [SCRS], claiming to have reached an agreement to share crucial diagnostic information,” the release from Dunn’s office states. “It is notable that the MOU omits the size and scope of the membership of the two groups named in the agreement.”

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. The 2014 MOU was reaffirmed by the associations in the 2023 agreement referred to by Dunn, which includes OEM commitment to provide access to necessary diagnostic and repair information, including telematic systems. However, there is no evidence that any telematic data would be needed to properly and safely complete vehicle repairs.

Last week, the same coalition of associations proposed a federal bill, the SAFE Repair Act, 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 associations have written that Dunn’s previous REPAIR Act was silent on a consumer’s right to ensure the tools, data, and information were used 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,” states a letter issued last week.

Dunn’s new version does not appear to address accountability for using the information in a repair.

Dunn’s release also notes that its supporters “the vast majority” of groups that represent independent aftermarket repair businesses oppose the MOU including the Auto Care Association, Consumer Access to Repair (CAR) Coalition, MEMA Aftermarket Suppliers, the National Federation of Independent Business (NFIB), and the Preventative Automotive Maintenance Association (PAMA).

The CAR Coalition is an organization of aftermarket auto parts providers such as ABPA, CAPA, LKQ, Diamond Standard, and PartsTrader, and insurance companies including Allstate, Farmers, and the American Property Casualty Insurance Association of America. CAR Coalition publicizes that the REPAIR Act will guarantee vehicle owners can get the parts, tools, and information they need to choose aftermarket parts.

On Tuesday, MEMA issued a press release in support of Dunn’s bill.

“Research conducted by Hanover Research and Babcox indicates over 60% of independent repair facilities are experiencing difficulties with routine repairs due to OEM barriers and over 50% of those facilities need to send up to five cars per month back to the dealer, incurring further cost and inconvenience to drivers,” the release states. “Without the REPAIR Act, automakers can continue to restrict access to repair data and tools, leading to higher repair costs, limited service options, and longer wait times for vehicle maintenance.”

The survey, however, didn’t include collision repair businesses nor describe what type(s) of vehicle repair and maintenance data independent repair facilities were having trouble accessing.

In reference to the SAFE Act, MEMA Aftermarket Suppliers President Paul McCarthy and Auto Care Association President and CEO Bill Hanvey told Aftermarket News the associations are “pleased to see trade groups representing automakers finally admit what we’ve long known: congressional action is needed to ensure independent shops and aftermarket parts manufacturers can continue to offer Americans quality, affordable choices for vehicle repairs.”

They added that the bill, however, “appears to be a tactic to delay and defeat pro-consumer right to repair legislation at every level.”

“The REPAIR Act, led by Congressman Neal Dunn, is the solution,” they said, according to the article. “Protection of consumer and fleet-owner choice ensured access to critical repair data, an established federal enforcement mechanism, and the prevention of repair monopolies is accomplished through the REPAIR Act. Without it, the aftermarket will lose the ability to not only innovate but continue to offer consumers options to keep their vehicles on the road.”

Comparatively, in November, McCarthy and Hanvey told their members the automotive aftermarket industry was projected to reach $545 billion in 2024, with continued growth expected to $617 billion by 2027.

“The aftermarket is driving technology advancement that keeps pushing boundaries,” they said at the AAPEX keynote breakfast. “The ability to deliver the right part to the right place within half an hour is an impressive feat that showcases the industry’s logistical strength. Additionally, innovations in remote diagnostics are improving vehicle safety by enabling professionals to address problems before they even arise. As technology continues to evolve, aftermarket professionals will need to stay ahead of the curve, ensuring they can provide customers with cutting-edge services and solutions.”

In a separate statement following the introduction of Dunn’s new REPAIR Act, SEMA took a neutral stance on the bill stating that it doesn’t provide vehicle information and data access to individuals and vehicle customization businesses, nor proper ADAS recalibration information for modified vehicles.

“New barriers, whether legal or technological, hinder vehicle owners’ ability to work on their vehicles, seek repairs at independent automotive shops, and manufacture and install replacement and specialty parts, software, and services to enhance their vehicles’ safety, performance, and comfort each year,” the SEMA press release states. “[I]t is imperative that OEM data from testing and system calibration is available and able to accommodate vehicle modifications to maintain the integrity and performance of safety systems after a vehicle has been modified.”

While still advocating for “individuals’ right to repair and modify the vehicles they own” as being “essential to a free nation and the future of the industry,” SEMA provided needs that any “right to repair” legislation would have to include before the association backs it including:

• • Access to tools, repair procedures and information, configurable vehicle parameters, customization settings, software, technical and compatibility information, and wiring diagrams at fair and reasonable prices subject to the same cryptographic or technological protections as OEM authorized dealers and service providers.
  • Access to the information needed to calibrate and recalibrate vehicle systems, including ADAS
  • Elimination of technological and legal barriers that limit the manufacture or installation of aftermarket parts, services, and software needed to repair, customize, or modify a vehicle.
  • Vehicle owners must have the right to access their vehicle’s safety and performance data and be able to share this information with the repairer or vehicle service provider of their choice.

So far, the REPAIR Act has been referred to the House Committee on Energy and Commerce.

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