The Tire Industry Association is keeping up the fight for passage of right to repair legislation, testifying March 8 in Maryland before the House Economic Matters Committee on House Bill 1193, which was introduced in February.
The bill, titled Consumer Protection - Motor Vehicles - Right to Repair, addresses the right to repair issue on the state level by requiring a manufacturer that sells motor vehicles with telematics systems to install an open data platform in certain motor vehicles.
The bill was introduced in the Maryland legislature Feb. 10. TIA worked with Maryland Delegate Kevin Hornberger (R) and his staff to introduce the bill.
Six TIA tire dealer members in Maryland testified in support of the bill during the hearing. Overall, 35 of those testifying supported the legislation and five opposed. The Specialty Equipment Market Association, the Auto Care Association, LKQ Corp. and the Chesapeake Automotive Business Association were among the organizations that also testified in support.
“Right to repair remains a top priority for TIA members in Maryland and H.B. 1193 would provide for much needed clarity and direction in vehicle repair," said Roy Littlefield IV, vice president of government affairs for TIA. "Without legislation, Maryland vehicle owners will have fewer repair options, face longer wait times and pay higher prices when they repair their vehicle.”
TIA has been rallying industry support and organizing local members to encourage passage of right to repair legislation in states and on the federal level.
In addition to Maryland, TIA has supported efforts in Maine on a right to repair ballot initiative and in Massachusetts, where passed right to repair legislation after a lengthy legal delay could be implemented in June.
At the federal level TIA supports right to repair legislation known as the REPAIR Act (H.R. 906). The bi-partisan legislation was reintroduced earlier this year by Rep. Neal Dunn (R-Fla.-02) and is co-sponsored by Rep. Brendan Boyle (D-Pa.-02), Rep. Warren Davidson (R-Ohio-08), Rep. Marie Gluesenkamp Perez (D-Wash.-03), Rep. Zoe Lofgren (D-Calif.-18), Rep. Glenn Thompson (R-Pa.-15), Rep. Brittany Pettersen, (D-Colo.-07), and Rep. Tim Walberg, (R-Mich.-05).
Modern cars and trucks contain advanced technology that monitors or controls virtually every function of the vehicle including: brakes, steering, air bags, fuel delivery, ignition, lubrication, theft prevention, emission controls and soon, tire pressure. Car and truck owners, as well as the facilities that repair these vehicles need full access to the information, parts and tools necessary to accurately diagnose, repair or re-program these systems.
“Our members who repair vehicles need access to the vehicle’s mechanical data, and the Maryland consumer should have the right to decide where that data goes,” Littlefield said.
TIA will continue to monitor the progress of H.B. 1193 and other right to repair efforts.
Attorney General Andrea Campbell said last week that the state of Massachusetts will move forward and enforce the Right to Repair law beginning June 1. Campbell filed a Notice of Intent to Terminate Non-Enforcement Stipulation with the United States District Court of Massachusetts on March 7.
The Right to Repair law, which allows independent repair shops access to the diagnostic data was approved by voters in 2020. The law has been held in court for over two years.
In the meantime, some manufacturers began making vehicles without wireless technology in order not to run afoul of any Right to Repair laws.
Campbell said, "The people of Massachusetts deserve the benefit of the law they approved more than two years ago. Consumers and independent repair shops deserve to know whether they will receive access to vehicle repair data in the manner provided by the law."
Campbell also said in her filing that company's suit against the state should be dismissed.
TIA was early supporters of the Right to Repair law in Massachusetts.
On Feb. 21, 2023, the Maine secretary of state announced that enough valid signatures were submitted for the “Right to Repair Act” initiative, allowing it to be certified to the Maine State Legislature.
Out of the 83,252 signatures submitted by the Maine Automotive Right to Repair Committee on Jan. 19, 2023, 74,686 of the signatures were found to be valid. This met the 67,682 minimum valid signature requirement to be certified to the legislature.
The initiative will now await action from the legislature. In Maine, a citizen initiative can only appear on the ballot as an indirect initiative. The initiative goes to the ballot if the legislature rejects the initiative or does not take action by the end of the session. If the legislature passes the initiative, and the governor signs it, the initiative becomes law.
The initiative would allow car owners and independent repair facilities to have the same access to onboard diagnostic systems and wireless data that manufacturers and approved repair facilities have access to.
Tim Winkeler, president and CEO of VIP Tires and Service and one of the members of the initiative campaign, said, “Unfortunately, many of these newest vehicles, that wireless data is fed automatically back to the car manufacturers and is not available to independent shops like ourselves. So that’s all that we are asking for is a level playing field so that independent repair shops can have access to the same data as the car manufacturers and their network of dealerships has.”
If the state legislature rejects or does not take action on the submitted initiatives, they will go to Maine voters at the election on Nov. 7, 2023.
TIA will continue to support the effort and rally members in Maine.