The REPAIR Act (Right to Equitable and Professional Auto Industry Repair Act) would overhaul how vehicle data, repair information, and diagnostic tools are shared, with the goal of expanding consumer choice and promoting competition in the motor vehicle repair market. Starting 180 days after enactment, vehicle manufacturers would be prohibited from barriers that block owners and their designees from accessing vehicle-generated data, critical repair information, and tools, and they would be required to make these data and parts available to owners, designees, independent repair facilities, and other industry participants at fair and non-discriminatory terms. The bill also creates safeguards around cybersecurity, requires a federal advisory committee to identify barriers to competition, sets up rulemaking and enforcement through the FTC (with NHTSA collaboration), and preempts conflicting state rules. The overarching aim is to empower consumers to choose where and how their vehicles are repaired, while maintaining safety, privacy, and security. Key features include access to vehicle-generated data (through ports and wireless transmission, with non-discriminatory pricing and protections), mandatory availability of critical repair information and parts to non-dealer repair providers at reasonable costs, limits on manufacturer mandates about tools or parts, and a framework for enforcement, complaints, and ongoing oversight. The act also establishes standards and notification requirements, and directs periodic reporting to Congress on competition and data-control issues in the aftermarket.
Key Points
- 1Access and data rights for owners and designees: Beginning 180 days after enactment, owners and their designees must have unrestricted access to vehicle-generated data (including via interface ports and wireless telematics) on fair, non-discriminatory terms, with protections comparable to those afforded to the manufacturer or its affiliates and dealers.
- 2Availability of critical repair information and parts: Starting 180 days after enactment, manufacturers must make critical repair information, tools, and parts available to owners, designees, independent repair facilities, remanufacturers, diagnostic tool manufacturers, and others at fair, reasonable, and non-discriminatory costs.
- 3Prohibition on certain barriers and mandates: Beginning 180 days after enactment, manufacturers may not impose barriers that prevent access to data or compatible aftermarket/alternative parts, and may not mandate the use of specific brands or tools. They may not prohibit the use of alternative parts, except in the case of recalls, warranty repairs, or voluntary campaigns. They may require prominent notices if recommending specific brands or tools.
- 4Advisory Committee and rulemaking: The FTC, with input from NHTSA, must establish a Fair Competition After Vehicles Are Sold Advisory Committee to identify barriers and support implementation. The National Highway Traffic Safety Administration, with NIST, must issue security standards for data access and procedures to protect data and vehicle safety. There will also be consumer-rights notification requirements at the point of sale.
- 5Enforcement and consumer complaints: The FTC would enforce violations as unfair or deceptive practices, with a complaint mechanism established within 90 days of enactment. Investigations must proceed in a timely manner, and orders must be issued within five months of a complaint, with the ability to appeal.