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Do You Have the Right to Repair?
We all know that we have certain inalienable rights such as life, liberty
and the pursuit of happiness. We also have the right to remain silent and
the right to an attorney.  What we don't have is the guaranteed right to
repair our own vehicles.

That's right, the way it is right now, vehicle manufacturers only have to make a very small percentage of the large and growing number of diagnostic tools, training and codes available to the general public. The original equipment manufacturers (OEMs) must make all information available to everybody only as it pertains to emissions. So, that leaves you at the mercy of authorized dealerships exclusively, if you need work on your antilock brake systems, some fuel injection systems, security systems and any other electronic systems on your car or bike.  The Motorcycle Riders Foundation (MRF) has been working on this issue for a couple of years.

This is a case of the legislative process catching up with itself. Congress mandated that by 1996 all vehicles built for sale in this country must have a universal on board diagnostic (OBD) plug to harmonize the industry.  When Congress did that they gave all the power to the OEMs, leaving the aftermarket and shade tree mechanics to catch as catch can.  An OBD plug is the interface mechanics use to plug a computer into the vehicle in order to rapidly determine what is wrong with the vehicle. Now OEMs get to design the tools and software specific to each vehicle and can then decide who can have access to the diagnostic codes, software and tools.

Now the OEMs refuse to make some of the necessary diagnostic information
available outside of the dealer network.  This forces those trying to make
a living in the aftermarket to turn away business and also shuts out the
consumer who wants to do his or her own diagnosing…

…Obviously the opposition comes from the dealers and the manufacturers, as they claim that they have intellectual property rights and should not have to expose their proprietary information.  No one wants more American jobs
lost, but as Americans we should have the right to service and maintain our vehicles in the manner we see fit - be that at the dealership or in the driveway.

The legislation that has been drafted and is being reviewed by potential sponsors in the House and Senate, which means it should be reintroduced and assigned a bill number soon. Of course, when that happens the MRF will make you aware of the necessary information so you can contact your legislators about this issue.                    Keep your fists in the wind... Jeff Hennie, MRF Vice-President of Government Relations jeff@mrf.org

Right to Repair Bill Introduced in US House

The Motorcycle Riders Foundation (MRF) reports that the U.S. House of Representatives has re-introduced legislation that would return the right to repair to the vehicle owner instead of the original manufacturer.
 

Thanks go to Rep Ed Towns, D-NY who introduced the Motor Vehicle Owners' Right to Repair Act (HR 2694) into the 110th Congress. Joining Rep Towns as original co-sponsors were Reps G.K. Butterfield, D-NC; Anna Eshoo, D-CA; Steven LaTourette, R-OH; George Miller, D-CA and James Moran, D-VA.

The need for right to repair legislation has become apparent due to the increasing use of computers and electronics that control nearly every motor vehicle function from fuel delivery, braking, lighting, and emissions to entertainment.  Although computers provide many benefits to motorists through improved fuel efficiency, comfort and safety, they also provide increasing opportunities for motor vehicle manufacturing companies to lock out access by car owners and the independent repair shops where owners choose to obtain service for their vehicles. 

HR 2694 would require that car companies provide full access to all tools and service information needed to repair motor vehicles, thus leveling the competitive playing field between dealers and independent repair shops.

HR 2694 is similar to last years measure (HR 2048); however some differences exist between the two bills. This year's legislation had to take into account several factors, including the new leadership in Congress and Committees.  In addition, although sponsored by the sitting Energy and Commerce Committee Chairman Joe Barton (R-TX) last Congress,
HR 2048 barely limped out of subcommittee and failed to be taken up by the full committee or the House floor.

Dealing with the new Chairman John Dingell (D-OH), who has been extremely outspoken against this bill, is certainly a challenge. Dingell, who has defended Detroit manufacturing against the environmental lobby for decades, has had a change of heart. Now that the Motor City isn't the vast field of smoke stacks it once was, that change may be sincere.  As the newest environmentalist, perhaps Dingell can understand that a well-tuned and maintained vehicle gets higher mpgs, is therefore better for the environment, and we should be removing barriers to convenient and proper vehicle maintenance.

HR 2694 now has eleven co-sponsors and has been referred to the House Energy and Commerce committee. No Senate legislation has been introduced as of press time.  The MRF encourages you to contact your Federal
Representative and ask them to co sponsor HR 2694.  As always, the MRF will keep you posted on any developments…Jeff Hennie

AMA Rights - News & Notes

The Denver, Colorado City Council passed a new law that essentially requires all riders in the city to use only stock exhaust systems on their motorcycles. It's a law that addresses sound issues by unfairly targeting only motorcyclists, and the AMA is seeking a dialogue with Denver city officials to try to find a solution.

On June 4, Denver officials approved changes to the city's vehicle noise ordinance that allow police to issue tickets to riders if their bikes don't have a federal Environmental Protection Agency sound-certification label on the exhaust systems. The new ordinance, which takes effect July 1, would  apply to all motorcycles made since 1982, which was the first year that federal law required motorcycles sold in the U.S. to comply with EPA sound regulations. In practical terms, that means the bike would be required to have the original exhaust system installed by the manufacturer. Violators would have two weeks to prove to a judge that they have fixed the problem or would be forced to pay a $500 fine.

Previously, the Denver ordinance required all motor vehicles to pass a sound test that set a limit of 80 decibels at 25 feet. That type of performance standard remains in effect for cars and trucks, except that the allowable limits have been raised. Under the new ordinance, vehicles with a gross weight rating under 10,000 pounds couldn't exceed 82 db(A) at 25 feet, and trucks over 10,000 pounds couldn't exceed 90 db(A) at 50 feet. Only motorcycles would be subject to the EPA sound certification labeling requirement.

 

Tennessee HB1335 (Right of Way Violations) passed the Tennessee House today by a margin of 93-3….The bill will go to the Governor after the Senate signs off on a minor amendment that removes unnecessary language that was left in by mistake….It will be up to the motorcyclists of Tennessee to educate those who will enforce and prosecute under this new law. For further information on this and other Volunteer State legislation see
the Statewatch section of www.AMADirectlink.com  or CMT/ABATE of Tennessee, Inc's. site www.cmtabate.com

The US Federal Highway Administration has released a fact sheet that explores alternative methodological approaches for determining the relative risk of alcohol-impaired motorcycle riders being involved in a crash, and
rider impairment at different blood alcohol concentration levels. For more information go to www.nhtsa.dot.gov