Last US state to consider right to repair
US consumer advocates are celebrating a milestone: Wisconsin is the last US state to apply for a right to repair. The counter-lobby is strong.
The picture shows maintenance work on a cardanic camera suspension from the New Zealand company Shotover.
(Image: Daniel AJ Sokolov)
Manufacturers of devices should not prevent their owners from repairing the devices. This is the basic idea behind the right to repair. Car manufacturers in particular are trying to force their customers into expensive authorized workshops. There is resistance to this. In the USA, a handful of states have already passed laws that grant owners rights. Legislative proposals are currently on the table in more than half of the states, including for the first time in New Mexico and Wisconsin. A new attempt is being made at federal level.
Thanks to Democrat representatives in Wisconsin, there has now been at least one motion in parliament or a referendum in all 50 US states. However, the lobby of manufacturers who oppose the right to repair has made significant headway. In most US states where the bills have already been voted on, they have been able to prevent consumer rights from being strengthened. As a rule, they make the representatives believe that repairability or secrecy about their internal structure would make things less secure — security by obscurity.
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Nevertheless, Colorado, California, Maine, Massachusetts, Minnesota, New York and Oregon have passed laws to this effect. This encourages representatives in other US states to also introduce a Right to Repair, writes the Repair.org initiative. Their bill is the basis for most legislative initiatives.
Very different forms
At its core is the right to access repair manuals, data, spare parts and proprietary tools at reasonable prices. Both for owners and for independent workshops. This is accompanied by a ban on Digital Restriction Management (DRM) to prevent successful repairs. In detail, the laws of the individual states differ significantly. Maine and Massachusetts, for example, have laws that specifically grant the right to repair cars. This is not illegal, as a US federal district court recently ruled.
The bill in Wisconsin, meanwhile, only applies to agricultural equipment. It includes an exemption from liability for manufacturers in the event of damage after self-repair. Minimum prices are common, as the manufacturer's costs are not worthwhile for penny goods, and exemptions for older appliances. Almost four years ago, the US Federal Trade Commission (FTC) advised the US parliament to pass stricter legislation. This has not yet happened.
New attempts at federal level
An application for a federal law for the military sector has been pending since December, submitted by one member of the lower house and one member of the upper house, both from the Democratic Party. They aim to allow the military to diagnose and repair their weapons and other equipment themselves. This is often prohibited in the purchase contracts, resulting in absurd effort, high costs, long delays and limited combat effectiveness.
On Tuesday, a group of MPs from both parties tabled a new motion for a REPAIR Act (Right to Equitable and Professional Auto Industry Repair Act). It would stipulate that the data generated by a vehicle belongs to its owner, not the manufacturer. Owners and independent workshops should be given the right to access the data and repair tools.
The manufacturers' lobby has recognized that the issue is gaining momentum. The industry association, misleadingly referred to as the Alliance for Automotive Innovation, is therefore changing its tactics and submitting its own draft legislation. It is called the Safety as First Emphasis (SAFE) Repair Act. Among other things, it includes follow-up, regular safety inspections and disclosure requirements for used car sales. The industry association has not yet published the specific text of the SAFE Repair Act.
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