advocacy

Weekly Legislative Update
November 28, 2022

TIA Right to Repair Resolution

WHEREAS, current law is inadequate to address growing competitive concerns created by new vehicle technology that monitors or controls virtually every function of the vehicle including brakes, steering, air bags, fuel delivery, ignition, lubrication, theft protection, emission controls, and tire pressure; and

WHEREAS, vehicles continue to become more advanced, vehicle repair and maintenance requires access to data software, sophisticated replacement components, repairs to telematics systems, training, and diagnostic tools; and

WHEREAS, independent repair facilities that repair these vehicles need full access to the information, parts, and tools to accurately diagnose, repair, or re-program their systems; and

WHEREAS, TIA believes consumers should have the choice of who is able to access data needed to maintain and repair their vehicles; and

WHEREAS, TIA urges Congress to adopt a national statute (H.R. 6570, the “REPAIR Act”) to reflect the recently passed Massachusetts referendum in the 117th Congress; and

WHEREAS, the “REPAIR Act” would preserve consumer access to high quality and affordable vehicle repair by ensuring that vehicle owners and their repairers of choice have access to necessary repair and maintenance tools and data as vehicles continue to become more advanced; and

WHEREAS, the “REPAIR Act” would ensure access to critical repair tools and information. All tools and equipment, wireless transmission of repair and diagnostic data, and access to on-board diagnostic and telematic systems needed to repair a vehicle must be made available to the independent repair industry; and

WHEREAS, the “REPAIR Act” would ensure cybersecurity by allowing vehicle manufacturers to secure vehicle-generated data and requiring the National Highway Traffic Safety Administration (NHTSA) to develop standards for how vehicle generated data necessary for repair can be accessed securely; and

WHEREAS, the “REPAIR Act” would provide transparency for consumers by requiring vehicle owners be informed that they can choose where and how to get their vehicle repaired; and WHEREAS, the “REPAIR Act” would create a stakeholder advisory committee and provide them with the statutory authority to provide recommendations to the Federal Trade Commission (FTC) on how to address emerging barriers to vehicle repair and maintenance; and

WHEREAS, the “REPAIR Act” would provide ongoing enforcement by establishing a process for consumers and independent repair facilities to file complaints with the FTC regarding alleged violations of the requirements in the bill and a requirement that the FTC act within five months of a claim; and

WHEREAS, President Biden issued an Executive Order supporting Right to Repair and directed the Federal Trade Commission to support independent automotive repair shops by policing anti-competitive barriers, and ensuring that consumers have access to the repair shop of their choice; and

WHEREAS, FTC officials met with TIA representatives two days after the Executive Order was released to clarify that the FTC is an independent agency that needs Congressional authorization to satisfy the Executive Order directives, and they asked TIA and other industry associations to work with the FTC for legislative language.

NOW THEREFORE BE IT RESOLVED by the Tire Industry Association on this 31st day of October, 2022 in General Assembly, that the association will support passage of federal legislation to preserve consumer access to high quality and affordable vehicle repair by ensuring that as vehicles continue to modernize, vehicle owners and their repairer of choice have equal access to repair and maintenance tools and data. Specifically, such legislation would:

  • Require vehicle manufacturers to provide the same service information and tools capabilities to independent shops that they offer to their authorized dealer network to repair and maintain late model computer-controlled vehicle systems;
  • Restore the right of vehicle owners to have their vehicle serviced and maintained at the repair facility of their choice; and,
  • Authorize the Federal Trade Commission (FTC) to enforce requirements in order to protect consumers and to promote competition in auto maintenance and repair.

AND BE IT FURTHER RESOLVED that TIA will encourage Congress to pass H.R. 6570 in the 117th Congress and work with the FTC in the 118th Congress to draft legislative language to propose to Congress and work for passage.

TIA Signs onto IRS Funding Coalition Letter

Dear Representatives Smith and Steel:

On behalf of the undersigned organizations, we write in strong support of the Family and Small Business Taxpayer Protection Act, H.R. 9092. This legislation would rescind the Inflation Reduction Act of 2022’s billions in funding for the Internal Revenue Service’s (IRS) expanded enforcement efforts, while retaining funding for the IRS to focus on improving taxpayer services and modernizing operations to serve taxpayers.

It is disheartening that Congress would earmark $45.6 billion (58%) for enforcement efforts while only providing $3 billion (4%) for taxpayer services from the $80 billion allocated to the IRS in the Inflation Reduction Act of 2022. Before considering how to penalize taxpayers, the agency should address the immense backlog facing the agency and how to better assist taxpayers with compliance.

In late August 2022, the Treasury Inspector General for Tax Administration (TIGTA) detailed how the IRS’s processing delays have prevented businesses from receiving key pandemic relief benefits. More specifically, the IRS did not begin processing claims for qualified Sick and Family Leave Credits and Employee Retention Credit for 12 months. As of October 21, 2022, the IRS reported the agency still has 5.1 million unprocessed individual returns to process.

More recently, TIGTA submitted a memorandum to Treasury Secretary Janet Yellen outlining the top management and performance challenges the IRS should consider for Fiscal Year 2023. Unsurprisingly, the first concern listed is “Improving Taxpayer Service.”

We appreciate the Family and Small Business Taxpayer Protection Act addresses these concerns and directs the IRS to spend resources to help and serve taxpayers rather than overwhelmingly focus on enforcement and penalties.

Sincerely,

Tire Industry Association and other trade associations

Thank you to our TopGolf Government Affairs Sponsors!

TIA organized a golf outing at TopGolf Las Vegas before GTE to benefit TIA’s government affairs efforts. We thank those who participated and to our event sponsors:

sponsors