Congressman Neal Dunn on February 25 reintroduced the Right to Equitable and Professional Auto Industry Repair Act or the “REPAIR Act,” (H.R. 1566) in the 119th Congress. The bill is largely similar to the version Congressman Dunn filed during the last legislative session, with a few noteworthy changes. supports the REPAIR Act, which would ensure consumers have access to data relating to their motor vehicles, including commercial motor vehicles, and provide them choices for the maintenance, service, and repair of their motor vehicles. worked closely with Congressman Dunn and industry stakeholders to ensure that the REPAIR Act includes commercial motor vehicles.
Of importance to members, changes include:
- Elimination of vehicle-generated data access through a standardized access platform and an independent entity that would establish and administer access to vehicle-generated data.
- Inclusion of language specifying that vehicle owners, or their designees, would have access to vehicle-generated data through vehicle OBD ports and J1939 network, and wirelessly via any telematics system on vehicles equipped with wireless data transmission capability.
- Pre-emption of state law if passed. “A state, or political subdivision of a state, may not maintain, enforce, prescribe, or continue in effect any law, rule, regulation, requirement, standard, or other provision having the force and effect of a law of the state, or political subdivision of the state, that is covered by any provision of this act or any regulation promulgated pursuant to this act.”
On Feb 11, a Massachusetts district judge dismissed the Alliance for Automotive Innovation’s lawsuit filed in 2020 after the passage of the state’s Data Access Law. The Data Access Law, which was approved by referendum on the state’s November 2020 ballot, expands the state’s right to repair law. The law requires automakers to provide vehicle owners and independent repair shops with access to telematics data, allowing consumers greater freedom in choosing where and how their vehicles are serviced. The judge’s written decision remains under seal but is expected to be made public soon. The Auto Alliance has signaled that it will appeal.
On Jan. 31, the Alliance for Automotive Innovation filed a similar lawsuit in Maine, seeking to prevent key parts of the state’s right to repair law from being enforced. The Maine law was approved by voters in 2023 and went into effect Jan. 5. The Auto Alliance lawsuit alleges the law is “impossible,” “unconstitutionally vague,” violates due process, and harms vehicle manufacturers.
- Requires the National Highway Traffic Safety Administration (NHTSA) 180 days after enactment to issue regulations requiring OEMs and dealers to inform vehicle owners about their data access rights when they purchase vehicles. (This is down from 1 year.)
H.R. 1566 currently has 19 co-sponsors and has been referred to the House Committee on Energy and Commerce.
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