The REPAIR Act aims to empower motor vehicle owners and third parties by guaranteeing access to vehicle-generated data, critical repair information, and repair tools. It would prohibit manufacturers from blocking owner access or imposing barriers on designees (like independent repair shops or diagnostic tool vendors), require data and information be provided on equal terms to owners and approved partners, and limit manufacturer mandates on parts and tools. The bill also creates a post-sale advisory body to advise on competition and data control after vehicles are sold, requires rulemaking to inform purchasers of rights at the point of sale, and sets up FTC enforcement with penalties and a complaint process. Overall, the bill is designed to promote aftermarket competition, protect consumer data rights, and keep ownership control with the vehicle owner. Note: The act includes a broad set of definitions and several protections for intellectual property and security, and it preempts state laws that would conflict with its provisions. It also contains a specific exclusion related to automated driving system-equipped vehicles in its definitions, which could affect coverage for certain ADS-equipped vehicles.
Key Points
- 1Access to data and critical repair information for owners and third parties
- 2- Manufacturers may not block access to vehicle-generated data (via ports like OBD/J-1939 or wireless telematics) or to critical repair information and tools.
- 3- Data and information must be provided on the same terms as to other parties, with similar protections, and without restriction to owners or their designees.
- 4Choice and transparency in repairs
- 5- Manufacturers cannot mandate the use of specific brands of parts or tools, except for recalls or warranty repairs.
- 6- If brands or tools are recommended, a prominent notice must accompany the recommendation stating that vehicle owners may choose alternatives.
- 7Designees and data use
- 8- Owners may designate multiple designees and revoke designations at any time without undue burden.
- 9- Vehicle-generated data must be deleted within 72 hours of the owner’s request, with exceptions for records needed for maintenance, accounting, or safety.
- 10- Data may be used only for diagnostics, repair, service, wear/calibration, and recalibration, and may not be sold or transferred without owner consent (with a de-identification exception for R&D).
- 11Post-sale competition and data control advisory committee
- 12- Establishes the Fair Competition After Vehicles Are Sold Advisory Committee to advise on implementation, post-sale competition, and data control.
- 13- Committee includes a mix of industry representatives, consumer groups, insurers, and other stakeholders; meets at least 3 times per year; issues annual reports with assessments of barriers and data definitions.
- 14Rulemaking and disclosure at point of sale
- 15- NHTSA must issue regulatory guidance within 180 days to inform buyers of their rights under the Act at the point of purchase.
- 16Enforcement and penalties
- 17- FTC enforcement: violations treated as unfair or deceptive acts or practices; FTC has authority to enforce, investigate, and sanction violators.
- 18- Complaint process with timelines and an appeal pathway to the U.S. District Court for the District of Columbia.
- 19Preemption and severability
- 20- The Act preempts conflicting state or local laws and includes a severability clause so parts can survive if other parts are invalid.