S. 1379: Right to Equitable and Professional Auto Industry Repair Act

The bill known as the "Right to Equitable and Professional Auto Industry Repair Act" (REPAIR Act) is designed to enhance consumer rights concerning vehicle repair and maintenance. Here is a summary of its key points:

Objective

The primary goal of this bill is to ensure that motor vehicle owners can access vital information and tools needed for vehicle maintenance and repair. It aims to foster competition in the auto repair industry and provide consumers with the freedom to choose their repair facilities and parts.

Access to Vehicle Data

• Vehicle-Generated Data: Vehicle owners and their designees must be able to access data generated by their vehicles without restrictions. This includes diagnostic information that is crucial for repairs.
• Critical Repair Information: Manufacturers are required to provide necessary technical information, tools, and parts to vehicle owners and independent repair facilities at fair prices.
• Software Updates: Manufacturers must not disable aftermarket or alternative parts through software updates unless required for safety precautions.

Prohibition of Barriers

The bill prohibits automotive manufacturers from employing technological or contractual barriers that would limit a vehicle owner's ability to:

• Access vehicle data.
• Choose a repair facility or replace parts with aftermarket alternatives.
• Install parts that are compatible with their vehicles.

Consumer Control and Choice

Motor vehicle owners should have control over their data and must be informed when their data is accessed by others. This includes:

• Notification of data access via vehicle displays or mobile devices.
• Ability to designate multiple persons to access their vehicle information without restrictions.

Critical Repair Information and Parts Availability

Manufacturers are obligated to make repair information and compatible parts available to vehicle owners, independent repair facilities, and parts manufacturers without any undue restrictions or limitations.

Enforcement and Compliance

• The Federal Trade Commission (FTC) will oversee compliance with this Act.
• Consumers can submit complaints to the FTC regarding any perceived violations of the Act.
• Penalties will apply for any breaches of the Act’s provisions.

Advisory Committee

The Act mandates the establishment of a "Fair Competition After Vehicles Are Sold Advisory Committee," which will provide recommendations for implementing the Act and promoting competition in vehicle repairs.

Provisions on State Laws

The bill establishes that no state or local laws can undermine the provisions of the REPAIR Act, ensuring that its regulations take precedence over any local restrictions that may limit consumer choices regarding repairs.

Timelines for Implementation

Key provisions of the Act will come into effect 180 days after its enactment, requiring immediate responsiveness from motor vehicle manufacturers to comply with its stipulations.

Relevant Companies

• Ford Motor Company (F): As a major vehicle manufacturer, Ford would be required to provide access to vehicle data and repair information, affecting their control over repair services and parts sales.
• Tesla, Inc. (TSLA): Tesla would need to adjust its data-sharing policies with vehicle owners and potentially face challenges in maintaining exclusive service contracts and repair practices.
• General Motors Co. (GM): GM will need to comply with new rules regarding the distribution of repair information and spare parts, impacting their service model and aftermarket sales.
• Amazon.com, Inc. (AMZN): As a player in the aftermarket parts sales through its platform, Amazon may see increased competition and changes in product offerings available for sale.