Federal

REPAIR Act

Source: Congress.gov · 5,188 words in original text

What This Bill Does

This bill requires car manufacturers to give vehicle owners access to data from their vehicles, repair information, and tools needed to fix and maintain their cars. It also prevents manufacturers from blocking owners from choosing independent repair shops, aftermarket parts, or repair tools of their choice. ##

Who It Affects

- Car owners and people who lease vehicles - Car manufacturers - Independent repair shops - Aftermarket parts makers and sellers - Car dealership service centers - Towing and service providers - The Federal Trade Commission - The National Highway Traffic Safety Administration ##

Key Provisions

- Car manufacturers cannot use technology or legal tactics to block vehicle owners or their chosen repair people from accessing vehicle data, repair information, tools, or aftermarket parts (Sec. 3(a)(1)) - Car manufacturers must provide vehicle owners with free access to vehicle-generated data without fees, licenses, or requirements to use manufacturer devices, starting immediately upon enactment (Sec. 3(a)(2)(A)) - Within one year of a final rule being issued, manufacturers using wireless technology must make vehicle data available directly and wirelessly to owners through a standardized system (Sec. 3(a)(2)(B)) - Car manufacturers must make critical repair information and tools available to repair shops, parts makers, and owners at fair and reasonable costs without unfair restrictions (Sec. 3(a)(2)(C)) - Outside of recall and warranty repairs, manufacturers cannot require or strongly suggest using specific brands of parts or tools in repair guides unless they include a notice stating: "Vehicle owners can choose which repair parts, tools, and equipment to purchase and should carefully consider their options" (Sec. 3(a)(3)) - A Fair Competition After Vehicles Are Sold Advisory Committee must be created within 90 days to provide recommendations on implementing this law and addressing competition issues in vehicle repair (Sec. 4(a)) - The National Highway Traffic Safety Administration must create security standards for data access within one year (Sec. 5(a)) - Within two years, the Federal Trade Commission must identify an independent company (not controlled by car manufacturers) to manage access to vehicle data through standardized platforms (Sec. 5(b)) - Vehicle owners must receive notifications when their vehicle data is being accessed, stating whether the access includes the ability to send commands or software updates (Sec. 3(a)(6)) - The Federal Trade Commission will enforce this law and handle complaints from people claiming manufacturers violated it (Sec. 6) ##

What Changes

If enacted, vehicle owners gain the explicit right to access their car's data and use independent repair shops without manufacturer interference. Manufacturers cannot use technology, legal restrictions, or compensation offers to force owners into using only manufacturer-authorized service centers. Aftermarket parts makers and independent repair shops gain guaranteed access to repair information and tools at fair prices. Any existing contract clauses that conflict with these rights become void and unenforceable. ##

Important Definitions

- **Vehicle-generated data**: Real-time data produced by a vehicle's operation related to diagnostics, repair, service, wear, and calibration needed to return a vehicle to proper working condition under federal safety and emissions laws (Sec. 7(a)(20)) - **Critical repair information and tools**: Technical information, tools, equipment, schematics, parts lists, repair procedures, training materials, and software needed for diagnostics, repair, calibration, and returning a vehicle to operational specifications (Sec. 7(a)(3)) - **Aftermarket part**: Any part sold for installation in a vehicle after it leaves the manufacturer's production line, not including original equipment parts (Sec. 7(a)(1)) - **Motor vehicle owner**: A person with current ownership rights to a vehicle or someone leasing a vehicle (does not include manufacturers, financing companies, dealers, or lessors) (Sec. 7(a)(10)) - **Standardized access platform**: A secure system created by a manufacturer that allows direct, wireless, real-time access to vehicle data in both directions (Sec. 7(a)(17)) - **Technological barrier**: Any technology restriction that blocks or makes difficult a person's ability to exercise rights under this law (Sec. 7(a)(18)) - **Specified legal barrier**: A requirement to waive a consumer's repair rights, or a barrier added by the Federal Trade Commission through regulations (Sec. 7(a)(16)) - **Telematics system**: Any system in a vehicle that collects operational information and sends it wirelessly to a remote storage location (Sec. 7(a)(19)) - **Motor vehicle repair facility**: Any person or business engaged in diagnosis, service, maintenance, repair, or calibration of vehicles (Sec. 7(a)(5)) ##

Effective Date

Most requirements become effective on the date this law is enacted. The requirement for wireless data access begins one year after the Federal Trade Commission publishes final security standards (Sec. 3(a)(2)(B)). The identification of an independent entity to manage data access must occur within two years of enactment (Sec. 5(b)(1)).

I 118TH CONGRESS 1ST SESSION H. R. 906 To ensure consumers have access to data relating to their motor vehicles, critical repair information, and tools, and to provide them choices for the maintenance, service, and repair of their motor vehicles, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 9, 2023 Mr. DUNN of Florida (for himself, Mr. BOYLE of Pennsylvania, Mr. DAVID- SON, and Ms. PEREZ) introduced the following bill; which was referred to the Committee on Energy and Commerce A BILL To ensure consumers have access to data relating to their motor vehicles, critical repair information, and tools, and to provide them choices for the maintenance, service, and repair of their motor vehicles, and for other pur- poses. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Right to Equitable and 4 Professional Auto Industry Repair Act’’ or the ‘‘REPAIR 5 Act’’. 6 VerDate Sep 11 2014 03:48 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H906.IH H906 pbinns on DSKJLVW7X2PROD with $$_JOB 2 •HR 906 IH SEC. 2. FINDINGS. 1 Congress finds that— 2 (1) as technology advances and vehicle systems 3 become more advanced, vehicle repair and mainte- 4 nance will require access to extensive vehicle data, 5 software, sophisticated replacement components, 6 training, diagnostic tools, and enhanced diagnostic 7 repair services; 8 (2) consumers and their designees must have 9 access to vehicle-generated data and aftermarket 10 parts that are necessary to maintain consumer 11 choice and competitive pricing; 12 (3) consumer choice, consumer control, motor 13 vehicle cybersecurity, and safety are all valid con- 14 cerns and do not have to be mutually exclusive; 15 (4) vehicles generate increasingly massive 16 amounts of data and the Federal Trade Commission 17 and the National Highway Traffic Safety Adminis- 18 tration are uniquely positioned, after considering 19 consumers’ privacy and cybersecurity needs, to des- 20 ignate additional types of data not specifically con- 21 sidered or identified by Congress that consumers 22 should be able to easily share with persons they 23 choose for the reasons they choose and examine fair 24 competition in evolving motor vehicle technologies; 25 and 26 VerDate Sep 11 2014 03:48 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H906.IH H906 pbinns on DSKJLVW7X2PROD with $$_JOB 3 •HR 906 IH (5) it is in the interest of the United States to 1 foster competition in the motor vehicle repair indus- 2 try and not limit consumers in their choices for 3 maintenance, service, and repair, allowing consumers 4 and the industry to benefit from a system that fos- 5 ters communication, collaboration, and innovation 6 and promotes consumer choice. 7 SEC. 3. MAINTAINING COMPETITION AFTER CONSUMERS 8 PURCHASE OR LEASE THEIR MOTOR VEHI- 9 CLES. 10 (a) IN GENERAL.— 11 (1) PROHIBITION ON MOTOR VEHICLE MANU- 12 FACTURERS WITHHOLDING OF DATA, CRITICAL RE- 13 PAIR INFORMATION, AND TOOLS.—A motor vehicle 14 manufacturer shall not employ any technological 15 barrier or specified legal barrier that impairs the 16 ability of— 17 (A) a motor vehicle owner or the motor ve- 18 hicle owner’s designee to access vehicle-gen- 19 erated data pursuant to subparagraphs (A) and 20 (B) of paragraph (2); 21 (B) a motor vehicle owner or the motor ve- 22 hicle owner’s designee, or an aftermarket parts 23 manufacturer, a motor vehicle equipment manu- 24 facturer, an aftermarket parts remanufacturer, 25 VerDate Sep 11 2014 03:48 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H906.IH H906 pbinns on DSKJLVW7X2PROD with $$_JOB 4 •HR 906 IH or a motor vehicle repair facility and their dis- 1 tributors and service providers to access critical 2 repair information and tools pursuant to para- 3 graph (2)(C); 4 (C) a motor vehicle owner or the motor ve- 5 hicle owner’s designee to use a vehicle towing or 6 service provider of their choice; 7 (D) an aftermarket parts manufacturer, a 8 motor vehicle equipment manufacturer, an 9 aftermarket parts remanufacturer, or a motor 10 vehicle repair facility and their distributors and 11 service providers to produce or offer compatible 12 aftermarket parts; or 13 (E) a motor vehicle owner or the motor ve- 14 hicle owner’s designee to diagnose, repair, and 15 maintain a motor vehicle in the same manner 16 as any motor vehicle manufacturer or motor ve- 17 hicle dealer. 18 (2) REQUIREMENT TO PROVIDE MOTOR VEHI- 19 CLE DATA TO OWNERS.—A motor vehicle manufac- 20 turer shall— 21 (A) effective on the date of enactment of 22 this Act, provide for motor vehicle owners or 23 their designees, without restrictions or limita- 24 tions (including a fee, license, or requiring use 25 VerDate Sep 11 2014 03:48 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H906.IH H906 pbinns on DSKJLVW7X2PROD with $$_JOB 5 •HR 906 IH of a device mandated by the motor vehicle man- 1 ufacturer to decrypt vehicle-generated data), to 2 have access to vehicle-generated data; 3 (B) beginning not later than 1 year after 4 publication of the final rule issued under sec- 5 tion 5(b), if the motor vehicle manufacturer uti- 6 lizes wireless technology or telematics systems 7 to transmit any vehicle-generated data, make 8 available vehicle-generated data described in 9 subparagraph (A) to the motor vehicle owner 10 and their designees, directly and wirelessly from 11 the vehicle through a standardized access plat- 12 form; and 13 (C) effective on the date of enactment of 14 this Act, make available to motor vehicle owners 15 and their designees, aftermarket parts manu- 16 facturers, aftermarket parts remanufacturers, 17 and motor vehicle repair facilities, and their dis- 18 tributors and service providers without restric- 19 tions or limitations, any critical repair informa- 20 tion and tools related to the motor vehicles it 21 manufactures at a fair, reasonable, and non- 22 discriminatory cost. 23 (3) PROHIBITION ON CERTAIN MANDATES BY 24 MOTOR VEHICLE MANUFACTURERS RELATED TO RE- 25 VerDate Sep 11 2014 03:48 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H906.IH H906 pbinns on DSKJLVW7X2PROD with $$_JOB 6 •HR 906 IH PAIRS.—Outside of recall and warranty repairs, a 1 motor vehicle manufacturer shall not, within repair 2 or maintenance service procedures, recommenda- 3 tions, service bulletins, repair manuals, position 4 statements, or other similar repair or maintenance 5 guides that are distributed to consumers or to pro- 6 fessional repairers— 7 (A) mandate or imply a mandate to use 8 any particular brand or manufacturer of parts, 9 tools, or equipment; or 10 (B) recommend the use of any particular 11 brand or manufacturer of parts, tools, or equip- 12 ment unless the motor vehicle manufacturer 13 provides a prominent notice immediately fol- 14 lowing the recommendation, in the same font as 15 the recommendation and in a font size no 16 smaller than the font size used in the rec- 17 ommendation, stating that: ‘‘Vehicle owners can 18 choose which repair parts, tools, and equipment 19 to purchase and should carefully consider their 20 options.’’. 21 (4) CYBERSECURITY.—Nothing in this section 22 shall preclude a manufacturer from employing cryp- 23 tographic or technological protections necessary to 24 VerDate Sep 11 2014 03:48 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H906.IH H906 pbinns on DSKJLVW7X2PROD with $$_JOB 7 •HR 906 IH secure vehicle-generated data, safety critical vehicle 1 systems, and vehicles. 2 (5) PROHIBITION ON CERTAIN LIMITATIONS.— 3 The entity managing access to vehicle-generated 4 data transmitted by the standardized access plat- 5 form shall not limit the number or types of persons 6 which each motor vehicle owner may designate as si- 7 multaneous designees under this subsection. 8 (6) NOTIFICATIONS.—Each motor vehicle man- 9 ufacturer shall notify motor vehicle owners either via 10 an on-vehicle screen or through a mobile device that 11 vehicle-generated data is being accessed. Notifica- 12 tions shall specify whether each such access by the 13 motor vehicle owner, a designee of the motor vehicle 14 owner, or the motor vehicle manufacturer, includes 15 the ability to send an in-vehicle command or soft- 16 ware update in order to complete a repair. 17 (7) LIMITATION.—A motor vehicle manufac- 18 turer, including any affiliates of the motor vehicle 19 manufacturer, and any persons working on behalf of 20 the motor vehicle manufacturer, shall not be consid- 21 ered or treated as, or in the same way, as the motor 22 vehicle owner or as designees of the motor vehicle 23 owner for any purpose except for including them in 24 VerDate Sep 11 2014 03:48 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H906.IH H906 pbinns on DSKJLVW7X2PROD with $$_JOB 8 •HR 906 IH notifications of persistent access to vehicle-generated 1 data. 2 (b) NULLIFICATION OF ATTEMPTS TO RESTRICT 3 COMPETITION AND CONSUMER RIGHTS.—Any provision 4 in a contract executed on or after the date of enactment 5 of this Act by or on behalf of a motor vehicle manufacturer 6 that purports to violate subsection (a) shall be null and 7 void to the extent that it would allow the motor vehicle 8 manufacturer to avoid its obligations under subsection (a). 9 SEC. 4. FAIR COMPETITION AFTER VEHICLES ARE SOLD 10 ADVISORY COMMITTEE. 11 (a) ESTABLISHMENT.—Not later than 90 days after 12 the date of enactment of this Act, the Commission shall 13 establish a ‘‘Fair Competition After Vehicles Are Sold Ad- 14 visory Committee’’, hereafter referred to as the ‘‘Advisory 15 Committee’’. The Chairman of the Commission (or the 16 designee of the Chairman) shall serve as the chairman of 17 the Advisory Committee. 18 (b) MEMBERSHIP.—The Advisory Committee shall be 19 composed of the following members: 20 (1) The Director of the Bureau of Competition, 21 or his or her designee. 22 (2) The Administrator of the National Highway 23 Traffic Safety Administration, or his or her des- 24 ignee. 25 VerDate Sep 11 2014 03:48 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H906.IH H906 pbinns on DSKJLVW7X2PROD with $$_JOB 9 •HR 906 IH (3) Eleven individuals, appointed by the Chair- 1 man of the Commission, from each of the following: 2 (A) Independent repair facilities. 3 (B) Motor vehicle parts retailers. 4 (C) Motor vehicle parts distributors. 5 (D) Original equipment parts manufactur- 6 ers. 7 (E) Aftermarket parts manufacturers. 8 (F) Aftermarket tools manufacturers. 9 (G) Motor vehicle manufacturers. 10 (H) Vehicle dealership service centers. 11 (I) Consumer rights organizations. 12 (J) Automobile insurers. 13 (K) Trucking companies. 14 (c) FUNCTION.—The Advisory Committee shall pro- 15 vide recommendations to the Commission on implementa- 16 tion of this Act and competition issues after motor vehicles 17 are sold, including those facing the vehicle repair industry 18 to include an assessment of existing and emerging barriers 19 related to vehicle repair, as well as ensuring motor vehicle 20 owners’ control over their vehicle-generated data. 21 (d) DUTIES.—In carrying out its function under sub- 22 section (c), the Advisory Committee shall— 23 (1) foster industry collaboration in a clear and 24 transparent manner; 25 VerDate Sep 11 2014 03:48 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H906.IH H906 pbinns on DSKJLVW7X2PROD with $$_JOB 10 •HR 906 IH (2) coordinate with and include participation by 1 the private sector, including representatives of— 2 (A) independent repair facilities; 3 (B) motor vehicle parts retailers; 4 (C) motor vehicle parts distributors; 5 (D) original equipment parts manufactur- 6 ers; 7 (E) aftermarket parts manufacturers; 8 (F) aftermarket tools manufacturers; 9 (G) motor vehicle manufacturers; 10 (H) vehicle dealership service centers; 11 (I) consumer rights organizations; 12 (J) automobile insurers; 13 (K) members of the public; and 14 (L) other interested parties; and 15 (3) assess existing and emerging barriers to 16 competitive vehicle repair. 17 (e) MEETINGS.—The Advisory Committee shall meet 18 at least three times per year at the call of the chairman. 19 (f) REPORT.—On at least an annual basis, the Advi- 20 sory Committee shall issue a report to the chairman on 21 efforts by the industries represented within the Advisory 22 Committee to implement this Act as well as an assessment 23 of existing and emerging barriers to vehicle repair and 24 motor vehicle owners’ control over their vehicle-generated 25 VerDate Sep 11 2014 03:48 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\H906.IH H906 pbinns on DSKJLVW7X2PROD with $$_JOB 11 •HR 906 IH data, including whether additional types of data should be 1 included in the definition of vehicle-generated data. The 2 Commission shall provide a copy of each report to the 3 Committee on Energy and Commerce of the House of 4 Representatives and the Committee on Commerce, 5 Science, and Transportation of the Senate within 30 days 6 of receipt of each report. 7 (g) TERMINATION.—The Advisory Committee shall 8 terminate upon an agreement of a majority of the mem- 9 bership. The Advisory Committee shall provide notice of 10 its planned termination to the Committee on Energy and 11 Commerce of the House of Representatives and the Com- 12 mittee on Commerce, Science, and Transportation of the 13 Senate, not later than 30 days prior to such termination 14 and shall include a basis for the termination. 15 SEC. 5. RULEMAKING AND OTHER DIRECTIVES. 16 (a) SECURITY STANDARDS FOR ACCESS TO VEHICLE- 17 GENERATED DATA THROUGH THE STANDARDIZED AC- 18 CESS PLATFORM.—Not later than 1 year after the date 19 of enactment of this Act, the National Highway Traffic 20 Safety Administration, in consultation with the Commis- 21 sion, shall, by regulations issued under section 553 of title 22 5, United States Code, issue standards for access to data 23 through the standardized access platform and establish 24 guidance to ensure the security of vehicle-generated data 25 VerDate Sep 11 2014 03:48 Mar 08, 2023 Jkt 039200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\H906.IH H906 pbinns on DSKJLVW7X2PROD with $$_JOB 12 •HR 906 IH and vehicles as related to the access of vehicle-generated 1 data required pursuant to this Act. 2 (b) DESIGNATION OF INDEPENDENT ENTITY TO AD- 3 MINISTER ACCESS TO DATA THROUGH THE STANDARD- 4 IZED ACCESS PLATFORM.— 5 (1) IN GENERAL.—Not later than 2 years after 6 the date of enactment of this Act, the Commission, 7 in consultation with [Text truncated for display. Full text available on Congress.gov.]

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