Mechanic bill gains traction

By Matt Murphy, mmurphy@lowellsun.com

Updated: 02/08/2010 10:47:16 AM EST

The "Right to Repair Act," defeated nationally and in at least seven other states, has garnered wide-spread support from state lawmakers eager to protect jobs and help small businesses.

The legislation would require auto manufacturers to provide free access to the same diagnostic tools, codes and other repair information that they supply to the authorized dealerships. The Joint Committee on Consumer Protection and Professional Licensure is expected to take a vote tomorrow on whether to recommend the bill.

Rep. William Greene, D-Billerica, said he has heard from a number of mechanics who still have trouble getting information they need.

"This is complicated, but it looks fairly reasonable to me. It doesn't ask for any more than what the manufacturers already claim they give out. If it's already available, then this bill shouldn't hurt them, should it? It's called competition," Greene said. Greene, who once owned two Napa parts stores, sits on the licensure committee hearing the bill.

Critics, however, suggest the law is unnecessary, and worry that auto manufacturers could be forced to divulge proprietary and safety information that could put drivers at risk.

"We believe this legislation is a solution looking for a problem, a parts bill disguised as a repair bill,"

said Charles Territo, spokesman for the Alliance of Automobile Manufacturers. "There are very few consumers in the state of Massachusetts who will say they haven't been able to get their vehicle repaired by their repairer of their choice,"

The "Right to Repair Act" has been defeated in states around the country, including New York, New Jersey, Oklahoma and Nevada. As cars became more computerized, independent repairers took similar legislation to Washington in 2002, and eventually struck a deal with auto manufacturers to get access to the codes they need to fix newer cars.

Those codes and repair information are now accessible primarily for a fee through third-party vendors who sell diagnostic tools, or through the car manufacturers' Web sites.

"It is already available, and if they can't find it, there are several resources they can use," Territo said. Despite the anecdotal evidence of problems, Territo said repairers already have recourse to file complaints with the federal government, but have not done so in any substantial number.

Art Kinsman, of the Massachusetts Right to Repair Coalition, said the bill makes it easier for independent mechanics to do their job. That gives consumers a choice between bringing their vehicle to a neighborhood auto repair shop or to the dealership, he said.

A poll conducted for the coalition found 84 percent of Massachusetts car owners in support of the legislation.

"I've visited over 250 independent shops, people I didn't know, and the vast majority have had somewhat significant problems getting information they need," he said. "Right now every independent repair shop has to invest in expensive tools, high-tech equipment and training. If we're going to buy something, we want to be able to get 100 percent of what we need, and there's case after case of that not happening."

While some independent repairers have testified to having trouble accessing the information they need to fix certain cars, that experience is not universal.

Joe Geoffroy, of Geoffroy's Garage on Westford Street in Lowell, said he has never had to turn away a customer because he didn't have the information he needed to repair their vehicle.

"We subscribe to some services and get all the information we need," Geoffroy said.

The New England Service Station and Automotive Repair Association has taken a neutral position. The Automotive Service Association, representing independent shops, opposes the bill.

"Absolutely unnecessary, and our fear is starting over again. We have a voluntary system now that works," said Bob Redding, a spokesman for the ASA. "We're the guy on the corner, and we don't support this."

Opponents also point to a competing survey that found 96 percent of state drivers satisfied with the work done to their cars by independent shops, and 91 percent who reported never having a problem getting their vehicle fixed outside the dealership.

Critics said the Right to Repair Coalition has done a good job of disguising this bill. The coalition has been financed mainly by after-market parts manufacturers such as Napa and AutoZone. Some opponents say this bill is an attempt to gain access to information that would allow those companies to manufacture parts cheaply and more effectively, without having to reverse-engineer components overseas.

The bill states that "nothing in this act requires a motor vehicle manufacturer to divulge information that is a trade secret."

But it also goes further: "No information may be withheld by a manufacturer on the ground that it is a trade secret if that information is provided (directly or indirectly) to an authorized dealer and any authorized motor vehicle repair facility."

Manufacturers and even some independent repair-shop owners said this provision could allow for anyone to request access to key codes, anti-theft codes and other safety features that would put motorists at risk.

Territo said auto manufacturers last year spent $80 billion on research and development, and should not be forced to give up intellectual property rights for technology that is not needed to fix the vehicles they make.

"That's not fair, and that's not the American way," Territo said. "While the proponents of the bill have done a good job and spent a lot of money, there is little evidence that a problem exists."

Kinsman said parts-makers are not trying to gain an unfair advantage.

"Distributors like Napa and AutoZone have been distributing parts for decades. They're not looking to get trade secrets. That's a red herring strung out by the other side," he said.

Rep. David Nangle, D-Lowell, signed on as one of 33 co-sponsors of the legislation. He said he wants to protect neighborhood businesses.

"I think it's only fair that they're allowed to access this information. You have to ask, are the dealerships trying to put the smaller guys out of business? I'm more concerned for the little guy," Nangle said.