Motor Vehicle Owners Right to Repair Act of 2011 - Requires the manufacturer of a motor vehicle sold, leased, or otherwise introduced into U.S. commerce to: (1) provide to the vehicle owner and service providers all information necessary to diagnose, service, maintain, or repair the vehicle; (2) offer for sale to the vehicle owner and service providers any related tool or equipment; and (3) provide the information that enables aftermarket tool companies to manufacture tools with the same functional characteristics. Exempts trade secrets, so long as the information is not disclosed to authorized dealers or service providers.
Authorizes enforcement of this Act by the Federal Trade Commission (FTC) and civil actions by state attorneys general.
[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1449 Introduced in House (IH)]
112th CONGRESS
1st Session
H. R. 1449
To protect the rights of consumers to diagnose, service, maintain, and
repair their motor vehicles, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 8, 2011
Mr. Towns (for himself and Mr. Platts) 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, maintain, and
repair their motor vehicles, 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 2011''.
SEC. 2. FINDINGS AND PURPOSES.
(a) Findings.--The Congress finds the following:
(1) Motor vehicle owners are entitled to choose which
service provider will diagnose, service, maintain, or repair
their motor vehicles.
(2) Promoting competition in price and quality for the
diagnosis of problems, service, maintenance, and repair of
motor vehicles will benefit consumers.
(3) Regular diagnosis, service, maintenance, and repair of
motor vehicles, motor vehicle equipment, and motor vehicle
systems such as pollution control, transmission, anti-lock
brakes, electronic and mechanical systems, heating and air-
conditioning, and steering are essential to America's mobility,
minimizing fuel consumption, protecting the environment, and
enabling the highest levels of safety possible in modern motor
vehicles.
(4) Computers of various kinds are now used by
manufacturers in motor vehicle equipment and motor vehicle
systems. On-board computer technology controls virtually all of
the vehicle's systems, and only service technicians with the
necessary tools and information can access the computers to
perform diagnosis, service, maintenance, and repair of the
vehicle.
(5) Manufacturers have made available to their authorized
dealers and service providers the information, tools, codes,
and replacement equipment necessary to diagnose problems and to
service, maintain, and repair motor vehicles that incorporate
computers in their motor vehicle systems.
(6) Consumers in the United States have benefitted from the
availability of a wide choice of service providers for their
motor vehicles. The American economy has also benefitted from
the availability of an aftermarket tools and parts supply that
provides jobs to over 5 million workers in 495,000 businesses,
and generates $200 billion in annual sales.
(7) Vehicles are now being equipped with systems that
permit vehicles to communicate repair and diagnostic
information wirelessly with the vehicle manufacturer and repair
facilities. Car owners have the right to choose where and to
whom information generated by their vehicle and vehicle
computers is sent.
(b) Purposes.--The purposes of this Act are--
(1) to protect motor vehicle owners' right to choose a
service provider for the diagnosis, service, maintenance, and
repair of their motor vehicles;
(2) to promote competition in price and quality among
service providers; and
(3) to promote safety and fuel efficiency by allowing
consumers to choose among competing service providers.
SEC. 3. MANUFACTURER REQUIREMENTS.
(a) Duty To Disclose Information.--The manufacturer of a motor
vehicle sold, leased, or otherwise introduced into commerce in the
United States must provide to the motor vehicle owner and service
providers, using reasonable business means and on a non-discriminatory
basis, all information to diagnose, service, maintain, or repair the
motor vehicle. This information must include--
(1) information about safety alerts, recalls, service
bulletins and the need for adjustments to maintain vehicle
efficiency, safety and convenience; and
(2) all information of any kind provided directly,
indirectly, or wirelessly to new car dealers or any repair
facility to diagnose, service, maintain, repair, activate,
certify, or install any motor vehicle equipment (including
replacement parts and equipment) in a motor vehicle.
(b) Duty To Make Tools Available.--The manufacturer of a motor
vehicle sold, leased, or otherwise introduced into commerce in the
United States must offer for sale to the motor vehicle owner and to all
service providers on a reasonable and non-discriminatory basis, any
tool for the diagnosis, service, maintenance, or repair of a motor
vehicle, and provide all information that enables aftermarket tool
companies to manufacture tools with the same functional characteristics
as those tools made available by the manufacturers to authorized
dealers.
(c) Replacement Equipment.--The manufacturer of a motor vehicle
sold, leased, or otherwise introduced into commerce in the United
States must offer for sale to motor vehicle owners, and to all service
providers on reasonable and non-discriminatory terms, all equipment for
diagnosis, service, maintenance, or repair of a motor vehicle.
(d) Protection of Trade Secrets.--
(1) A manufacturer may not be required to publicly disclose
information that, if made public, would divulge methods or
processes entitled to protection as trade secrets.
(2) 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 authorized dealers or
service providers.
SEC. 4. AUTHORITY OF FEDERAL TRADE COMMISSION.
(a) In General.--For the purpose of enforcing compliance with this
Act, the Federal Trade Commission may utilize all authority conferred
on it by the Federal Trade Commission Act, or otherwise.
(b) Violation of Section 3.--A violation of section 3 of this Act
constitutes an unfair method of competition and an unfair or deceptive
act or practice within the meaning of section 5(a)(1) of the Federal
Trade Commission Act (15 U.S.C. 45(a)(1)).
(c) Violation of a Rule.--Violation of a rule prescribed under
section 4(d) of this Act constitutes 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)).
(d) Rulemaking.--The Federal Trade Commission may prescribe rules
to implement this Act.
(e) Cooperation With Department of Transportation.--The Federal
Trade Commission must cooperate with the Department of Transportation
to publish technical service bulletins on a Federal Internet Website.
(f) Limitation.--The Federal Trade Commission may not prescribe
rules that--
(1) interfere with the authority of 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; or
(2) conflict with rules prescribed by the Administrator of
the Environmental Protection Agency.
SEC. 5. ACTION BY STATES.
(a) In General.--Whenever an attorney general of any State has
reason to believe that the interests of the residents of that State
have been or are being threatened or adversely affected by a violation
of section 3 of this Act, or by the violation of a rule promulgated by
the Federal Trade Commission to implement this Act, the State, as
parents patrial, may bring a civil action on behalf of its residents to
enjoin violations, to obtain damages, restitution, or other
compensation on behalf of residents of the State, or to obtain such
further relief as the court may deem appropriate.
(b) Notice.--The State must serve prior written notice of any civil
action under subsection (a) of this section upon the Federal Trade
Commission with a copy of its complaint, except that if it is not
feasible for the State to provide such prior notice, the State must
serve notice immediately upon instituting an action. Upon receiving a
notice of a civil action, the Federal Trade Commission may--
(1) intervene in the action;
(2) upon intervening, to be heard on all matters arising
therein; and
(3) to appeal.
(c) Construction.--For purposes of bringing any civil action under
subsection (a) of this section, nothing in this chapter will prevent an
attorney general from exercising the powers conferred on the attorney
general by the laws of such State to conduct investigations or to
administer oaths or affirmations or to compel the attendance of
witnesses or the production of documentary and other evidence.
(d) Actions by Federal Trade Commission.--Whenever a civil action
has been instituted by or the Federal Trade Commission for violation of
any rule prescribed under section 4(d) of this Act, no State may,
during the pendency of the action instituted by the Federal Trade
Commission, institute a civil action under this Act against any
defendant named in the complaint in such action for violation of any
rule as alleged in such complaint.
(e) Actions by Other State Officials.--
(1) Nothing contained in this section may prohibit an
authorized State official from proceeding in State court on the
basis of an alleged violation of any civil or criminal statute
of such State.
(2) In addition to actions brought by an attorney general
of a State under subsection (a) of this section, an action may
be brought by officers of a State who are so authorized.
SEC. 6. DEFINITIONS.
In this Act:
(1) The term ``commerce'' has the meaning given that term
in section 4 of the Federal Trade Commission Act (15 U.S.C.
44).
(2) 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.
(3) The term ``motor vehicle owner'' and the term
``consumer'' mean any person who owns, leases, or otherwise has
the legal right to use and possess a motor vehicle, or the
agent of such person.
(4) The term ``service provider'' means any person engaged
in the diagnosis, service, maintenance, or repair of motor
vehicles or motor vehicle engines.
(5) The term ``replacement equipment'' has the meaning
given that term in section 30102(b)(1) of title 49, United
States Code.
(6) The term ``model year'' has the meaning given that term
in section 32901(a) of title 49, United States Code.
(7) The term ``dealer'' has the meaning given that term in
section 30102(a) of title 49, United States Code.
(8) The term ``technical service bulletin'' means a
communication sent to a dealer about the diagnosis, service,
maintenance or repair of a motor vehicle or item of motor
vehicle equipment and shall include all communications sent to
the Secretary of Transportation under sections 30166(f) and
30166(m)(3)(A)(ii) of title 49, United States Code.
<all>
Introduced in House
Introduced in House
Referred to the House Committee on Energy and Commerce.
Referred to the Subcommittee on Commerce, Manufacturing, and Trade.
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