H.R. 5857: Freedom for Agricultural Repair and Maintenance Act

This legislation, known as the Freedom for Agricultural Repair and Maintenance Act, aims to enhance repair rights for farm equipment owners and independent repair providers. Here are the key points regarding what the bill would do:

1. Disclosure Obligations for Manufacturers

Original Equipment Manufacturers (OEMs) will be required to provide access to:

• Documentation: Manuals, diagrams, and other information necessary for diagnosis, maintenance, and repair of farm equipment.
• Parts: Replacement parts necessary for repair.
• Tools: Any tools essential to diagnose or repair the equipment.
• Software and Firmware: Any software or updates necessary for the operation and repair of the equipment.

2. Fair and Reasonable Terms

OEMs must make these items available on what are deemed fair and reasonable terms. This includes:

• Providing documentation at no charge unless a physical copy is requested.
• Sharing software and tools at costs comparable to what they provide their authorized repair providers.
• Ensuring that parts and tools can be requested without sending owners or independent repair providers through unnecessary complexity or extra costs.

3. Data Access

OEMs must allow equipment owners and authorized independent repair providers access to:

• Farm equipment data generated during operation. This data can be utilized to diagnose and repair the equipment effectively.

4. Bypassing Security Measures

The bill allows for the circumvention of technological protection measures for the purpose of:

• Diagnosing and repairing farm equipment.
• Enabling interoperability with software controlling the farm equipment.
• Conducting security research.
• Making non-infringing modifications to required software.

5. Common Availability of Parts

If an OEM stops supplying certain documentation, parts, or tools, they could face civil penalties. Furthermore:

• Parts must be able to be replaced without damaging the equipment using commonly available tools or those offered by the OEM.

6. Enforcement and Penalties

The bill allows the Federal Trade Commission (FTC) to enforce these new obligations. Violations could lead to civil penalties for OEMs, with escalating fines for repeated infractions:

• First violation: $1,000 per day.
• Second violation: $2,000 per day.
• Subsequent violations: $5,000 per day.

7. Limitations of the Act

The bill clarifies that:

• OEMs do not need to disclose trade secrets except as necessary to meet repair obligations.
• It does not modify contractual terms between OEMs and authorized repair providers.
• Authorized repair providers are not required to supply documentation for products they do not have agreements for.
• Safety features cannot be permanently disabled during repairs.

Relevant Companies

• DE - Deere & Company: As a leading manufacturer of agricultural machinery, the company may be affected by new repair obligations concerning access to parts and documentation.
• CAT - Caterpillar Inc.: This firm produces heavy machinery and will have to comply with provisions regarding the availability of maintenance tools and parts.