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August 1, 2011 CAR CONFLICT

Auto Makers, Mechanics At Odds Over Repairs | Proposed state legislation divides an industry

Photo/Matt Pilon Rusty Savignac, owner of Paxton Garage, is among the local independent car mechanics who don't support the so-called Right to Repair bill that's being debated on Beacon Hill.

 

 

The introduction of computers into vehicles hasn't exactly made life easy for mechanics. In fact, the proliferation of electronics under the hood of the average Ford or Honda has made the job of the mechanic more akin to that of a white-collar computer programmer than a wrench-wielding handyman.

But the shift toward technology has sparked more than just change in how mechanics do their jobs. It’s also sparked debate on Beacon Hill.

The so-called Right to Repair Act, which proponents say would ensure that mechanics are able to fix increasingly high-tech cars, is before the Massachusetts Legislature.

The bill would require auto manufacturers like Ford, GM and Toyota to share all technical repair information with independent mechanics — as they do with their dealership franchises — or risk being sued.

While endorsing the legislation may seem like a no-brainer for small business advocates, the issue isn’t nearly as clear cut.

The fight in the Bay State has its roots in a national aftermarket movement, which is battling it out with the auto industry over federal legislation, and is supporting attempts at legislation in other states, too.

And here in Massachusetts, even some independent mechanics are against the legislation, saying it could destroy their competitive advantage.

In Gear

One of those independent mechanics is Rusty Savignac, owner of Paxton Garage. Savignac has purchased several diagnostic tools from car manufacturers — which average around $5,000 apiece — when one generic tool used to suffice.

While there is no central location for repair information, and it can sometimes take time to get what he needs, Savignac still thinks the way that manufacturers share information with independent shops is working fine. Anyone who feels otherwise hasn’t invested enough time or money in tools and training, he claims.

Savignac argues that diagnostic tools and subscriptions from auto makers, like those he uses, could become more expensive if the bill passes and he worries about the ramifications of mechanics suing the industry over perceived violations of the law.

“What happens to the flow of information then?” he asked.

But still, Savignac and the New England Service Station and Automotive Repair Association, (NESSARA), of which he is a board member, are in the minority of auto repair businesses in the debate over information controlled by car manufacturers.

Free Information

Proponents of the Right To Repair Act charge that manufacturers are sharing better and more useful repair information and tools with their licensed dealerships.

Art Kinsman, a spokesman for the Right To Repair Coalition, said that he fully agrees that some shops could probably do a better job of researching where to find repair information. But he said that the mechanics who support the bill don’t believe that manufacturer diagnostic tools provide the same service that dealerships get and they believe that some dealerships have faster access to information.

“We’ve heard from enough repairers who feel that, even if they bought all the tools, they still wouldn’t get the information in a timely way or in the same way the dealers get,” Kinsman said.

However, manufacturers say they are providing the same information to dealerships that they are to others.

“It’s in our business interest to make sure independents can fix what we sell,” said Dan Gage, spokesman for the Massachusetts Auto Coalition, which represents state and national associations of auto makers, dealerships and others opposed to the bill.

Statistics show that the majority of post-warranty repairs are done by independent shops, and auto makers don’t want their customers to develop negative impressions, something that could happen if they have difficulty finding a shop that can repair their vehicle, Gage added.

Manufacturers point to an 11-year-old agreement forged between car makers, parts makers and the service industry, which resulted in the formation of the National Automotive Service Task Force (NASTF). The nonprofit task force’s mission is to make it easier for mechanics to access repair information through its online database. The task force also resolves disputes between mechanics and manufacturers.

Patent Perspectives

Manufacturers have argued that the bill could force them to release intellectual property that could lead to an increase in aftermarket auto parts, which would cut into their business. They also worry that the release of certain information could lead to more counterfeit parts, which are falsely branded as original manufacturer parts. Those opposed to the legislation have alleged that the real driving force behind Right To Repair is aftermarket auto parts manufacturers wanting to get their hands on blueprints and trade secret designs.

It is true that the Coalition for Auto Repair Equality (CARE), a Virginia-based organization that supports the Right To Repair Coalition in Massachusetts, is largely made up of parts retailers. Executives from Auto Zone, Carquest and Bridgestone sit on the organization’s board of directors, according to financial filings. But several auto repair shops and chains, including Midas, also have representation on the board. Kinsman of the Right to Repair Coalition said that the entities that support his organization have no interest in counterfeiting parts. Rather, they want to keep the rights they have held in the past to continue to manufacture aftermarket parts that are often cheaper than parts offered by auto makers.

Parts retailers are concerned, he said, because they have a stake in selling their products to independent shops as well as do-it-yourself mechanics.

“They’re doing it because their business sells an awful lot of parts to independent shops and to consumers,” Kinsman said.

Taking Sides In Massachusetts

In the debate over Right To Repair, divisions have been drawn between various groups and the lines have not all been straight. Some of the groups are barely involved with the automotive world at all, but see the struggle as one over intellectual property that could leak into other areas if the fight is lost.

Auto dealers and manufacturers populate the opposition. But they are also joined by independent mechanics like Savignac, and by larger groups such as the Massachusetts Biotechnology Council, which has come out against the legislation on the grounds that it would weaken intellectual property rights. Also lined up against the bill are the Associated Industries of Massachusetts, the Massachusetts High Technology Council and the Massachusetts Medical Device Industry Council.

In favor of Right To Repair are mechanics, aftermarket parts makers, AAA Southern New England and the Retailers Association of Massachusetts.

Of course, not all members of every organization agree with the group’s official position.

Jim Chew, owner of CRC Tire in Worcester, is a member of the New England Tire Association. Chew used to be in favor of the bill because he was having trouble repairing some makes and models. But he attended a workshop on how to get repair information put on by NESSARA, where Savignac is a board member, and has since changed his mind on the topic.

He has purchased factory scan tools from Ford and General Motors and can solve more repair problems than ever before.

“You’re definitely going to have to make a commitment to stay in this business,” Chew said. “You need a commitment financially and a commitment to train your employees.”

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