In fact, automakers and repairers have expressed repeated concerns about the REPAIR Act, addressing “significant flaws” such as how “the 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.”

In a letter to Congress on Feb. 18, automakers, SCRS, and ASA state that “safety was never addressed as a priority of the REPAIR Act” and instead outline a federal framework for the Safety as First Emphasis (SAFE) Repair Act.

The framework is an effort to ensure consumers and independent repair shops have the data they need to repair their vehicles while also ensuring consumers retain the right to decide where and how their vehicles are repaired.

The groups emphasize that the proposal – introduced as an alternative to the REPAIR Act – “enhances consumer protection while maintaining the principles of fair competition and vehicle safety. This framework includes:

“Affirmation of Vehicle Data Access: Assuring consumers and independent repair shops have the data they need to repair their vehicles.”

“Empowering Consumers: Ensuring consumers retain the right to decide where and how their vehicles are repaired.”

• • “Prioritizing Vehicle Safety: Guaranteeing that repairs are performed in accordance with manufacturer-produced repair procedures to restore vehicle safety systems and structural integrity.”
  • “Offering Part Choices: Ensuring consumers with a choice between original equipment manufacturer (OEM) parts and non-OEM parts for repairs.”
  • “Protecting Non-OEM Choices: Extending the same recall and safety protections to non-OEM parts as are available for OEM parts.”
  • “Enhancing Transparency: Requiring disclosure of prior alterations or repairs for used vehicles so that consumers are fully informed.”
  • “Promoting Inspection Programs: Supporting periodic safety inspection and post-collision inspection programs to safeguard against unsafe or improper repairs.”

However, the CAR (Consumer Access to Repair) Coalition, Auto Care Association, MEMA Aftermarket Suppliers, Commercial Vehicle Solutions Network (CVSN), Preventative Automotive Maintenance Association (PAMA), and National Federation of Independent Business (NFIB) voiced their support in a separate joint press release, calling the REPAIR Act “a critical step toward ensuring that consumers can repair their vehicles freely, safely, and affordably.”

The CAR Coalition is an organization of aftermarket parts makers and retailers, insurers, and other groups.

Members of CAR Coalition include Allstate, the American Property Casualty Insurance Association (APCIA), Automotive Body Parts Association (ABPA), Automotive Manufacturers Equipment Compliance Agency, Inc. (AMECA), AutoZone, Certified Automotive Parts Association (CAPA), Diamond Standard, Geotab, KSI Auto Parts, and LKQ Corp.

“Americans deserve a car repair market that promotes choice and protects access to affordable and safe vehicle repairs,” said Justin Rzepka, the coalition’s executive director, in the release. “As the right-to-repair movement strengthens across the country, we are thrilled to have the leadership of Sens. Josh Hawley and Ben Ray Luján on our side. The introduction of the REPAIR Act in the Senate is a huge milestone — this bipartisan, bicameral bill ensures we are one step closer to empowering consumers with the freedom to choose safe and cost-effective repair solutions.”

In the release from the Senate bill sponsors, Luján agreed. He said vehicle owners “deserve to have options when it comes to safe, dependable, and affordable auto repairs.”

“Giving vehicle owners, independent repair shops, and aftermarket manufacturers access to vehicle repair and maintenance data is critical to improving repair options,” he said. “I’m proud to partner with Senator Hawley on this legislation, and I look forward to working with my colleagues to support car owners and repair shops.”

Hawley added, “Big corporations have a history of gatekeeping basic information that belongs to car owners, effectively forcing consumers to pay a fixed price whenever their car is in the shop. The bipartisan REPAIR Act would end corporations’ control over diagnostics and service information and give consumers the right to repair their own equipment at a price most feasible for them.”

Luján and Hawley say the REPAIR Act protects consumers by:

• • “Preventing motor vehicle manufacturers from deploying barriers that limit the ability of a motor vehicle owner (or their designee) from accessing their vehicle-generated data;
  • “Preventing barriers to an aftermarket parts manufacturer, a motor vehicle equipment manufacturer, a remanufacturer, a diagnostic tool manufacturer, or a motor vehicle repair facility (including their distributors and service providers), to access critical repair information, tools, and parts;
  • “Requiring motor vehicle manufacturers to make “Vehicle-Generated Data” available to consumers (or their designees);
  • “Requiring motor vehicle manufacturers make “Critical Repair Information, Tools, and Parts” available to motor vehicle owners (and their designees), aftermarket parts manufacturers, remanufacturers, diagnostic tool manufacturers, and motor vehicle repair facilities (including their distributors and service providers);
  • “Ensuring that Over-the-Air (OTA) updates do not render aftermarket parts inoperable;
  • “Prohibiting the mandate of a motor vehicle manufacturer the use of any particular brand or manufacturer of tools, parts, or other motor vehicle equipment; and
  • “Ensuring federal enforcement through the Federal Trade Commission.”

The Senate bill has been referred to the Committee on Commerce, Science, and Transportation. The House version sits in its Committee on Energy and Commerce.

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