March 19, 2008

BOSTON – On the heels of a new statewide poll of independent auto repair shops showing overwhelming support for equal access to repair information, a legislative committee today extended its deadline for consideration of the Right to Repair bill for another 60 days.

Members of the Committee on Consumer Protection and Professional Licensure were informed Tuesday of a survey conducted last week of 115 independent auto repair shops which shows that fully 99 percent of independent service centers support passage of House Bill 296, sponsored by state Rep. Vincent A. Pedone, D-Worcester. Nearly three-quarters of those surveyed said they lose repair business every month when car manufacturers don’t share repair codes with the independent shops as they do with new car dealers.

The independent opinion poll was conducted by KRC/Communications Research from March 11-15, 2008 on behalf of the Alliance of Automotive Service Providers among independent automotive service and repair centers in Massachusetts.

“Support for corrective legislation was overwhelming among these independent service centers,” said Gerry Chervinsky, president of Newton-based KRC/Communications Research. “No matter how big the repair shop or the degree to which this affects them, we found universal support for the statement that they ought to have the same ability to repair vehicles as dealerships.”

As vehicles become more complex with virtually every system monitored or controlled by computers, the owners of those vehicles are discovering that car manufacturers and their dealers have a virtual monopoly on service when they deny independent service centers the repair information they need. Independent service centers have always had repair specifications and detailed data, but manufacturers have increasingly locked service providers out of information on safety alerts and repair information.

The cost to consumers when they can only have their car repaired at the dealership is estimated to be at least 25 percent higher just with labor charges alone, according to a study comparing dealer repair tags with those of an independent service center. Consumers are also forced to purchase more expensive manufacturer’s equipment instead of comparable high-quality replacement parts.

The KRC poll also found that the vast majority of respondents, 73%, say that their independent automotive service and repair centers are unable to work on at least one car a month due to their inability to receive adequate repair information, software, or tools. The plurality, 24%, says that this lack of access causes them to turn away more than 5 cars per month. Only 17% of respondents say that they do not have to turn cars away for this reason.

Additionally, the lack of equal access hurts independent repair centers because of the number of unpaid hours spent researching diagnostic information on vehicles they ultimately cannot repair. Almost all respondents, 90%, say that their independent automotive service and repair center wastes at least one hour a month in this manner, while the majority, 53%, say they lose at least nine hours a month.

“This practice could not be more anti-consumer,” said state Rep. Vincent A. Pedone, the chief sponsor of H296, which would require dealers and their representatives to provide the information for those repairs. “These cars belong to the owner of the car and that owner has the right to get it repaired wherever they choose. There are hundreds of business and thousands of employees at work in our independent service centers and they deserve to be protected every bit as much as the dealers.”

Pedone said that the committee now understands that this practice not only hurts the independent auto repair shops and the thousands of jobs associated with those businesses, but is a direct threat to consumers who increasingly find they have little choice but to go to the dealer for repairs.

The “Right to Repair” bill:

• Reaffims the owners’ right to repair their motor vehicle and keep their passengers safe.
• Permits vehicle owners to patronize the repair shop of their choice to service and maintain their vehicles, whether it’s their neighborhood repair shop or a franchised new car dealership, leveling the competitive playing field.
• Promotes consumer safety by allowing vehicle owners and their chosen automotive technicians access to the same information, bulletins and tools available to franchised dealers to repair and maintain late model computer controlled vehicle systems.

The “Right to Repair” bill does not:

• Affect the dealer’s warranty agreement with the vehicle manufacturers, which are automatically protected under the Magnuson-Moss Act enacted by Congress.
• Require manufacturers to disclose manufacturing processes or trade secrets unless that information is made available to new car dealers.

For More Information, Contact Ernie Corrigan, 617-875-1229