A recent submission by a trio of organizations in the U.S. seems to be an admission that Right to Repair and the automotive aftermarket are necessary, but some industry representaives aren’t taking it at face value.

While in Canada a pair of foundational legislative wins puts it on a good footing for future all-party support of a comprehensive Right to Repair solution, expected to come in the next Parliamentary session (following a federal election no later than this October but as early as this coming Spring), in the U.S. the arrival of a new administraion has fueled a new federal fight.

The new legislative proposal, called the Safety as First Emphasis (SAFE) Repair Act, was put forward by Automotive Service Association (ASA), the Society of Collision Repair Specialists (SCRS), and the Alliance for Automotive Innovation, the latter being most notable for it’s vehement opposition to Rigth to Repair moves at the state level; it recently lost a key court battle in Massachusetts.

In its submission, the group states that “Automotive right-to-repair already exists in the United States,” that “This competitive marketplace is possible because automakers make all of the information needed to diagnose and repair a vehicle available to all vehicle repair shops,” that the groups previously came together to release the Automotive Repair Data Sharing Commitment, and that “These obligations are enforceable and establish dispute resolution processes should an independent repair shop not be able to access the information or tools needed to diagnose and repair a vehicle. A failure to comply with the commitments in the 2014 MOU would also be a violation of the Massachusetts right-to-repair law and subject to the law’s enforcement authority”– a law the same group member Alliance had spent countless hourse fighting — but togetehr also begs the question, if the group beleives the right to repair solutions are already in place, why propose the new legislation?

At least that is the question that is being seemingly aswered by proponents of the REPAIR Act which was in consideration during b the last U.S. Congress.

“We’re pleased to see trade groups representing automakers finally admit what we’ve long known: congressional action is needed to ensure independent shops and aftermarket parts manufacturers can continue to offer Americans quality, affordable choices for vehicle repairs,” said Auto Care Association President and CEO Bill Hanvey and MEMA Aftermarket Suppliers President Paul McCarthy in a statement.

“That said, this latest proposal appears to be a tactic to delay and defeat pro-consumer right to repair legislation at every level. The bipartisan Right to Equitable and Professional Auto Industry Repair Act (REPAIR Act) is a straightforward approach to ensure safe and secure access to vehicle repair and maintenance data.”

For it’s part, the SAFE Act proponents say the REPAIR Act does not address repair safety issues –something of great concern to the collision repair sector–as well other collision repair issues, though it seems to also specify manufacturer processes.

The backgrounders says the SAFE Repair Act “Guarantees repairs are performed in accordance with manufacturer-produced repair procedures to restore vehicle safety systems and structural integrity.” How far this goes is unclear; in the collision repair sector, shops are regularly required to have not only traning but also specific equipment in place before being permitted full access to repairs and repair information, and are in practice often tied to automaker through certification programs.

“While .. existing frameworks have created a thriving and competitive repair marketplace,” reads a letter from SAFE advocates, “we
understand the desire for a federal legislative solution that addresses evolving consumer expectations and technological advancements. That’s why our three organizations have come together to propose a new path forward—one that builds on existing protections while introducing additional measures to prioritize consumer safety and choice.”

MEMA’s Hanvey and McCarthy say the solution is already before the U.S. Congress.

“The REPAIR Act, led by Congressman Neal Dunn, is the solution. Protection of consumer and fleet-owner choice ensured access to critical repair data, an established federal enforcement mechanism, and the prevention of repair monopolies is accomplished through the REPAIR Act. Without it, the aftermarket will lose the ability to not only innovate but continue to offer consumers options to keep their vehicles on the road. 

“We look forward to REPAIR’s imminent reintroduction and will continue to work with all parties that share our commitment to solutions that provide vehicle owners with greater choice, safe repairs, and lower prices.”