Bill Summary: Right to Equitable and Professional Auto Industry Repair Act (REPAIR Act)

The Right to Equitable and Professional Auto Industry Repair Act (REPAIR Act) is a bill introduced in the 118th Congress, 1st Session, specifically in the House of Representatives, by Congressman D UNN of Florida. The bill seeks to ensure that consumers have access to data related to their motor vehicles, critical repair information, and tools. It aims to provide consumers with choices for the maintenance, service, and repair of their motor vehicles. The bill was referred to the Committee on Energy and Commerce.

Short Title

The bill may be cited as the "Right to Equitable and Professional Auto Industry Repair Act" or the "REPAIR Act".

Findings

The bill states several findings made by Congress:

As technology advances, vehicle repair and maintenance require access to extensive vehicle data, software, replacement components, training, diagnostic tools, and repair services.
Consumers and their designees should have access to vehicle-generated data and aftermarket parts for consumer choice and competitive pricing.
Consumer choice, control, vehicle cybersecurity, and safety can all be addressed without being mutually exclusive.
Vehicles generate massive amounts of data, and the Federal Trade Commission and the National Highway Traffic Safety Administration are best positioned to designate additional types of data that consumers should be able to share easily with designated individuals and to examine fair competition in evolving vehicle technologies.
Competition in the motor vehicle repair industry should be fostered to benefit consumers and the industry by promoting communication, collaboration, innovation, and consumer choice.

Maintaining Competition After Consumer Purchase or Lease

This section of the bill aims to ensure fair competition and prevent restrictions by motor vehicle manufacturers after consumers purchase or lease a motor vehicle. It prohibits manufacturers from employing technological or legal barriers that impair the ability of consumers or their designees to access vehicle-generated data, critical repair information, and tools related to their motor vehicles. It also ensures consumers can choose their own repair facilities, use aftermarket parts, and diagnose, repair, and maintain their vehicles like manufacturers or dealers. The section also prohibits manufacturers from mandating the use of specific brands or manufacturers of parts, tools, or equipment, without clearly advising consumers of their choices.

Fair Competition After Vehicles Are Sold Advisory Committee

The bill establishes a "Fair Competition After Vehicles Are Sold Advisory Committee" comprised of industry stakeholders, regulators, and consumer representatives. The committee's role is to provide recommendations to the Commission on implementing the Act, competition issues, barriers to vehicle repair, and ensuring consumer control over vehicle-generated data.

Rulemaking and Other Directives

This section requires the National Highway Traffic Safety Administration to issue standards for accessing vehicle-generated data through a standardized access platform to ensure security. The Commission, in consultation with the National Highway Traffic Safety Administration, is tasked with designating an independent entity to administer access to the standardized access platform.

Enforcement by the Federal Trade Commission

This section treats violations of the Act as violations of the Federal Trade Commission Act regarding unfair or deceptive acts or practices. The Federal Trade Commission is responsible for enforcement, and violators will be subject to penalties and privileges provided in the Federal Trade Commission Act.

Definitions

This section includes definitions of terms used in the Act, such as "aftermarket part," "critical repair information and tools," "motor vehicle repair facility," "motor vehicle dealer," "motor vehicle manufacturer," "motor vehicle," "motor vehicle equipment," "motor vehicle owner," "person," "Commission," "Chairman," "remanufacturer," "service provider," "specified legal barrier," "standardized access platform," "technological barrier," and "telematics system."

Report to Congress

The bill requires the Commission to submit a report to Congress every two years, summarizing investigations, actions taken, and recommendations for legislation to protect consumers from unfair acts and strengthen their control over vehicle repair and data.

Effect on State Law

The Act preempts state law to the extent that a state law imposes narrower duties on manufacturers than those described in the Act. However, it explicitly preempts any state law mandating the use of specific brands or manufacturers of parts, tools, or equipment for motor vehicle repair.

Severability

If any provision of the Act is held invalid, the remainder of the Act will not be affected.

Rep. Marie Gluesenkamp Perez

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