When independent mechanic Joe Marconi replaced a faulty
windshield-wiper switch last summer on a 2004 Saab—a minor type of
repair often done at his shop—the car wouldn't start.
Mr. Marconi, who owns Osceola Garage
in Baldwin Place, N.Y., discovered the switch needed to be
"initialized," something only a Saab dealership can do. Initializing is a
problem that has been happening more and more often, says the
55-year-old mechanic.
"The entire car basically has to be reprogrammed to accept the new
part," he says. In the end, he was forced to pass the vehicle, and his
customer, on to the dealer.
Mechanics at Osceola Garage in Baldwin Place, N.Y., often take classes to stay on top of auto technology.
As
auto makers design vehicles with increasingly sophisticated technology,
independent mechanics complain they lack the proprietary tools and data
to service many late-model cars. There are some 500,000 independent
auto-repair shops in the U.S., industry figures show.
Many garage owners hope the new small-business-friendly tone in
Washington, including sweeping regulatory reviews unveiled last month,
will re-energize the Right to Repair Act, a bill they say levels the
playing field with auto dealerships.
The bill, which in various forms has languished in Congress for nearly a decade, requires auto makers like Ford Motor Co., General Motors Co. and Toyota Motor
Corp., to supply smaller repair shops with the same onboard-computer
data they give to their affiliated dealerships. Technology in newer
vehicles controls everything from the steering wheel to the fuel
delivery system, brakes, air bags, tire pressure and more.
Supporters, including a range of auto-service-trade associations,
consumer groups and small-business advocates, say the move will boost
competition in the auto-repair market, forcing dealerships to lower
prices.
Auto makers, who fiercely oppose the bill, say they need to protect
trade secrets from cheap generic parts makers. The car makers say
mechanics already have access to what they need to get vehicles back on
the road.
Yet there appears to be some grass-roots support for the bill. A
survey in November by AutoMD.com, an auto-repair-information website,
found 83% of 2,800 car owners polled said they favored right-to-repair
legislation. Supporters have shown up on Capitol Hill in jumpsuits and
overalls to rally lawmakers to pass the measure.
Initially introduced by Rep. Joe Barton (R., Texas) just before the
Sept. 11, 2001, terrorist attacks, the bill was buried under a wave of
national-security legislation. It has since been reintroduced in every
federal legislative session, only to get bogged down amid strong
lobbying by auto makers and dealers. The latest version was sponsored
last year in the Senate by Sens. Barbara Boxer (D., Calif.) and Sam
Brownback (R., Kan.), while a bill put forward two years earlier by
Reps. Edolphus Towns (D., N.Y.), Anna Eshoo (D., Calif.) and George
Miller (D., Calif.) had more than 60 co-sponsors, including high-ranking
members from both parties. Both Sen. Boxer and Rep. Towns expect to
reintroduce the bill as early as possible in the new session, with
concessions aimed at easing auto makers' intellectual-property concerns,
their spokespeople say.
But supporters say the bill may stand a better chance in states such
as New York, New Jersey, Massachusetts, Connecticut—and in Kansas,
where Mr. Brownback is now governor.
Last July, the bill passed the Massachusetts state senate only to
collapse when the House closed its regular session—the closest its come
anywhere to being enacted—after debate on a casino-licensing bill put
all other issues on hold. State lawmakers there also expect to
reintroduce the bill later this year.
"We think the momentum now is at the state level," says Aaron Lowe,
vice president of regulatory and government affairs at the Automotive
Aftermarket Industry Association, a Bethesda, Md.-based trade group that
has lobbied for the bill since 2001. It estimates that repairs cost up
to 34% more at dealerships than small repair shops, or an extra $11.7
billion spent by drivers on their cars every year. "Once it's adopted
in one state, we expect it'll spread to others pretty quickly," he says.
Auto makers aren't going to let that happen without a fight. "The
problem is they want full access to all the computer information, not
just the repair codes but also the design and manufacturing codes. And
that's where intellectual property kicks in," says Gloria Bergquist, a
spokesperson for the Alliance of Automobile Manufacturers, a Washington
advocacy group that represents Ford, GM, Toyota, Porsche and other auto
makers. She says all the necessary tools and diagnostic data for any
repair job are available online from individual auto makers, as well as
from tool manufacturers like Snap-on Inc.
Mr. Lowe says mechanics aren't interested in auto makers' intellectual property.
"We don't want to know how to make their onboard computers. We want
what's on those computers. That's what right-to-repair is all about," he
says.
Beyond intellectual-property issues, Sandy Bass-Cors, executive
director of the Coalition for Auto Repair Equality in Alexandria, Va.,
says mechanics are frustrated that the federal government spent billions
of dollars bailing out GM and Chrysler during the recession, while
boosting dealership sales with the Cash for Clunkers program.
"Yet they're keeping the same motoring taxpayers from having a choice in repairs," she says.
For now, Mr. Marconi says he's taking vehicles that need
reprogramming to dealers himself, often at a loss, rather than send
drivers away. "This is crazy," he says. "But in this economy the last
thing you want to do is turn down a customer."