Industry Issues - Right To Repair

As you are probably aware, there has been considerable dialogue in the aftermarket industry regarding the "Right to Repair" issue. At the heart of this issue is ensuring that the independent repair industry and the replacement parts supplier have the necessary information to diagnose, service and repair motor vehicles.

MEMA fully supports the rights of vehicle owners to decide where and how they have their vehicle serviced, whether it is a new car dealer or independent service facility. MEMA has spent considerable time speaking with the key stakeholders on both sides of this issue and monitoring the compliance of the automakers with the current voluntary process of making information available on a timely and affordable basis.

Below is a position statement that goes into detail how MEMA believes it can best play a role in this issue. Our efforts began earlier today when Ann Wilson, MEMA vice president of government affairs, delivered a formal request to Congressman Cliff Stearns (R-Fla.) to urge Congress to request a study from the General Accounting Office to assess the effectiveness of the current non-legislative voluntary system between the automakers and the independent repair industry on non-emissions related diagnostic, service and repair information. Rep. Stearns is chairman of the House Committee on Energy and Commerce Subcommittee on Commerce, Trade and Consumer Protection. Our other planned initiatives are listed in our position statement.

Hopefully this communication will clear up MEMA's position on this critical issue. We look forward to working with other organizations in the industry to ensure a level playing field for the independent aftermarket and to guarantee the consumer the freedom of choice in his/her vehicle service and repair options.

RIGHT TO REPAIR POSITION PAPER

The Motor & Equipment Manufacturers Association (MEMA) supports the right of all consumers to use all available channels to have their vehicles repaired at the repair location of their choice. MEMA also believes that the independent repair industry and the replacement parts suppliers need to have access to the necessary information to diagnose, service, and provide replacement parts for the repair of all motor vehicles.

MEMA believes that the ideal solution to assure the right to repair is through a spirit of cooperation between all stakeholders, such as that which exists today. However, our primary concern is the issue of enforcement, should the current cooperative spirit deteriorate. MEMA is exploring enforcement options including, enhanced monitoring systems, more binding agreements with the automakers, and/or appropriate legislation if necessary. MEMA stands ready to act in whatever responsible way necessary to insure the right to repair, should necessary information not continue to be forthcoming.

If legislation is warranted, MEMA believes any proposal should appropriately balance the desire for information access with the requirement for intellectual property protection.

With all of the above in mind, MEMA will pro-actively undertake the following initiatives:

• Urge Congress to immediately undertake an audit of the effectiveness of the current non-legislative voluntary system between the automakers and the independent repair industry.
  
• Explore other monitoring systems to assure compliance.
  
• Work to assure the independent repair industry receives the same or similar communications, education, and training on the available data, diagnostic equipment, replacement parts, and tools as the original equipment dealerships.
  
• Closely monitor the report of the EPA on compliance with the federal requirements associated with emissions control systems.
  
• Seek opportunities both independently and working with National Automotive Service Task Force (NASTF) to address the concerns of all stakeholders including measuring the success and failures of the current system.
  
• Continue dialogue with all stakeholders to foster the current spirit of cooperation.