Sets forth protections for trade secrets.
Instructs the Federal Trade Commission (FTC) to prescribe a uniform methodology for manufacturer disclosure in writing and on the Internet. Prohibits the FTC from prescribing rules that interfere with the authority of the Administrator of the Environmental Protection Agency (EPA) regarding motor vehicle emissions control diagnostics systems.
States that manufacturer noncompliance with this Act constitutes an unfair method of competition and an unfair or deceptive act or practice affecting commerce within the purview of the Federal Trade Commission Act.
[Congressional Bills 109th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2048 Introduced in House (IH)]
109th CONGRESS
1st Session
H. R. 2048
To protect the rights of consumers to diagnose, service, and repair
motor vehicles in the United States, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
May 3, 2005
Mr. Barton of Texas (for himself, Mr. Towns, and Mr. Issa) introduced
the following bill; which was referred to the Committee on Energy and
Commerce
_______________________________________________________________________
A BILL
To protect the rights of consumers to diagnose, service, and repair
motor vehicles in the United States, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Motor Vehicle Owners' Right to
Repair Act of 2005''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--Congress finds the following:
(1) The ability to diagnose, service, and repair a motor
vehicle in a timely, reliable, and affordable manner is
essential to the safety and well-being of automotive consumers
in the United States.
(2) Consumers are entitled to choose among competing repair
facilities for the convenient, reliable, and affordable repair
of their motor vehicles.
(3) Increased competition among repair facilities will
benefit vehicle owners in the United States.
(4) Computers of various kinds are increasingly being used
in motor vehicle systems, such as pollution control,
transmission, anti-lock brakes, electronic and mechanical
systems, heating and air-conditioning, mobile electronics,
airbags, and steering.
(5) The diagnosis, service, and repair of these vehicle
systems are essential to the safety and proper operation of
modern motor vehicles.
(6) In many instances, access codes prevent owners from
making, or having made, the necessary diagnosis, service, and
repair of their motor vehicles in a timely, convenient,
reliable, and affordable manner.
(7) Automobile manufacturers have restricted access to the
information motor vehicle owners need in order to diagnose,
service, and repair their vehicles, in a manner that has
hindered open competition among repair facilities.
(8) Consumers in the United States have benefited from the
availability of a competitive aftermarket industry, or parts
and accessories used in the repair, maintenance, or enhancement
of a motor vehicle. The American economy has also benefited
from the availability of a competitive aftermarket industry
that provides jobs to over 5 million workers in over 495,000
businesses, and generates $200 billion in annual sales.
(9) Vehicle owners in the United States should have the
right--
(A) to all information necessary to allow the
diagnosis, service, and repair of their vehicles;
(B) to choose between original parts and
aftermarket parts when repairing their motor vehicles;
and
(C) to make, or have made, repairs necessary to
keep their vehicles in reasonably good and serviceable
condition during the life of the vehicle.
(10) The restriction of vehicle repair information and
tools limits who can repair motor vehicles and what parts may
be used to repair those vehicles, which limits consumer choice,
impedes competition, and increases the costs of vehicle repair
for consumers.
(b) Purposes.--The purposes of this Act are:
(1) To ensure the safety of all vehicle owners by requiring
disclosure of all information necessary for the proper
diagnosis, service, and repair of a vehicle in a timely,
affordable, and reliable manner.
(2) To encourage competition in the diagnosis, service, and
repair of motor vehicles.
SEC. 3. MANUFACTURER DISCLOSURE REQUIREMENTS.
(a) Duty to Disclose.--The manufacturer of a motor vehicle sold or
introduced into commerce in the United States shall promptly provide to
the vehicle owner, or to a repair facility of the motor vehicle owner's
choosing, the information necessary to diagnose, service, or repair the
vehicle. The motor vehicle manufacturer shall make available all non-
emission-related service information, training information, and
diagnostic tools on a non-discriminatory basis to any repair facility
of the owner's choosing, and shall not not limit such information to
those repair facilities within the manufacturers' approved network. The
information to be made available shall include the following:
(1) The same service and training information related to
vehicle repair shall be made available to all independent
repair facilities in the same manner and extent as it is made
available to franchised dealerships, and shall include all
information needed to activate all controls that can be
activated by a franchised dealership.
(2) The same diagnostic tools and capabilities related to
vehicle repair that are made available to franchised
dealerships shall be made available to independent repair
facilities. These diagnostic tools and capabilities shall be
made available for purchase by motor vehicle owners or their
agents through reasonable business means. The service and
training information and manufacturer diagnostic capabilities
shall be available to independent repair facilities, and to the
companies from which they normally purchase diagnostic tools,
without the need for the motor vehicle owner to return to a
franchised dealership.
(b) Protection of Trade Secrets.--Nothing in this Act shall be
deemed to require the disclosure of trade secrets, nor the public
disclosure of any information related exclusively to the design and
manufacture of motor vehicle parts. No information necessary to repair
a vehicle shall be withheld by a manufacturer if such information is
provided (directly or indirectly) to franchised dealerships or other
repair facilities.
SEC. 4. REGULATIONS.
(a) In General.--Not later than 1 year after the date of enactment
of this Act, the Federal Trade Commission shall prescribe regulations
setting forth an appropriate method by which manufacturers shall
provide the information required by section 3, including disclosure in
writing, via the Internet, or under such terms as the Commission
determines appropriate. The regulations shall take effect upon final
issuance of such regulations and shall apply to vehicles manufactured
after model year 1994.
(b) Limitation.--The Federal Trade Commission may not prescribe
rules that interfere with the authority of, or conflict with rules
prescribed by, the Administrator of the Environmental Protection Agency
under section 202(m) of the Clean Air Act (42 U.S.C. 7521(m)) with
regard to motor vehicle emissions control diagnostics systems.
SEC. 5. ENFORCEMENT.
(a) Unfair or Deceptive Act or Practice.--The failure by a
manufacturer to comply with section 3(a) or the regulations prescribed
under section 4 shall be treated as an unfair method of competition and
an unfair or deceptive act or practice in or affecting commerce (within
the meaning of section 5(a)(1) of the Federal Trade Commission Act (15
U.S.C. 45(a)(1))). A violation of this Act shall be treated as a
violation of a rule defining an unfair or deceptive act or practice
prescribed under section 18(a)(1)(B) of the Federal Trade Commission
Act (15 U.S.C. 57a(a)(1)(B)).
(b) Actions by the Federal Trade Commission.--The Federal Trade
Commission shall enforce this Act in the same manner, by the same
means, and with the same jurisdiction, powers, and duties as though all
applicable terms and provisions of the Federal Trade Commission Act (15
U.S.C. 41 et seq.) were incorporated into and made a part of this Act.
Any entity that violates this Act shall be subject to the penalties and
entitled to the privileges and immunities provided in the Federal Trade
Commission Act in the same manner, by the same means, and with the same
jurisdiction, power, and duties as though all applicable terms and
provisions of the Federal Trade Commission Act were incorporated into
and made a part of this Act.
(c) Effect on Other Laws.--Nothing contained in this Act shall be
construed to limit the authority of the Federal Trade Commission under
any other provisions of law.
SEC. 6. DEFINITIONS.
In this Act:
(1) The terms ``manufacturer'', ``motor vehicle'', and
``motor vehicle equipment'' have the meanings given those terms
in section 30102(a) of title 49, United States Code.
(2) The term ``motor vehicle owner'' or ``vehicle owner''
means any person who owns, leases, or otherwise has the legal
right to use and possess a motor vehicle.
(3) The term ``repair facility'' means a facility
maintained by a person engaged in the repair, diagnosing, or
servicing of motor vehicles or motor vehicle engines.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Commerce, Trade and Consumer Protection.
Subcommittee Hearings Held.
Subcommittee Consideration and Mark-up Session Held.
Forwarded by Subcommittee to Full Committee (Amended) by the Yeas and Nays: 14 - 13 .
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