NIADA Recommends Congress Pass Right to Repair Act

In an attempt to put independent dealers on equal footing with their franchise counterparts, the National Independent Automobile Dealers Association is urging Congress to pass the Motor Vehicle Owners’ Right to Repair Act.
NIADA explained the act would require automakers to make the same service information and tools capabilities available to independent repair shops that they provide to their franchised dealer networks.
The association went on to say the legislation currently being deliberated in the U.S. House further provides OEMs with strong protections for their trade secrets unless that information is provided to the franchised dealers.
NIADA also mentioned the bill clarifies the responsibilities of the Federal Trade Commission in enforcing the act’s requirements.
“NIADA believes that all vehicle service, repair and recall information should be made available to consumers and all facilities that sell vehicles or pursue repair opportunities and should not be restricted to just those who are affiliated with a manufacturer,” NIADA chief executive officer Mike Linn stated.
“The new report from the GAO (General Accounting Office) makes clear why passage of the Right to Repair Act is imperative,” Linn continued.
“Used-car dealers and consumers who buy used cars are at the mercy of the manufacturers when it comes to finding out if a vehicle they are selling or buying has been under recall or has been repaired because of a recall,” he added. “Passage of the Right to Repair Act would ensure equitable access to this type of information so all parties involved are aware of a vehicle’s history.”
According to that report from the GAO, independent dealers do not generally receive the defect notices from manufacturers that are sent to their franchise operations.
With a record 14.9 million vehicles recalled in 2010, according to the National Highway Traffic Safety Administration, officials believe this lack of shared recall information adversely affects the number of vehicles repaired and compromises the safety of vehicle owners, passengers, other drivers and pedestrians.
NHTSA, GOA and NIADA all contend vehicles are becoming increasingly sophisticated with virtually every system either monitored or controlled by computers, and servicing these vehicle systems to keep them in safe working condition requires ready access to complete and accurate information from automakers.
Linn emphasized the Right to Repair Act simply requires OEMs to make available at a reasonable cost the same non-proprietary diagnostic, repair and recall information they provide to franchise dealers.
“With millions of cars recalled last year alone, it’s clear that requiring the disclosure of vehicle recall and repair information will have a positive impact on the safety of American drivers,” Linn insisted.
“We encourage our members and all motorists to visit www.righttorepair.org to send a letter to each of their congressional representatives, urging them to support the Right to Repair Act,” he added.
Rep. Edolphus Towns, a Democrat from New York, and Rep. Todd Platts, a Republican from Pennsylvania, introduced the measure to the House.
More information about the Right to Repair Act can be found at www.righttorepair.org.