On September 18, during the Auto Care Association's Fall Leadership Days & Legislative Summit (September 14-17), a delegation of Auto Care Association members from or who do business in Tennessee conducted legislative visits with their state's congressional representatives.
Tennessee legislators visited:
- Senator Marsha Blackburn (R-TN)
- Senator Bill Hagerty (R-TN)
- Representative Steve Cohen (D-TN-9)
- Representative David Kustoff (R-TN-8)
In the four visits across eight hours, the delegation educated their state leaders and requested support for the REPAIR (Right to Equitable and Professional Auto Industry Repair) Act (H.R. 1566) and Senate Bill S1379. They chose four areas to concentrate their efforts.
Technology Bypass and Consumer Data Control
The Auto Care Association delegation explained how automotive manufacturers are avoiding existing federal regulations designed to ensure aftermarket access to vehicle diagnostic information. The traditional OBD-II (On-Board Diagnostics) port, which was mandated by federal law to provide standardized access to vehicle diagnostic data, is being bypassed in newer vehicles through wireless telematics systems that send information directly to manufacturers and dealers.
This shift means that when certain warning lights activate, consumers may be told by their local parts retailers or independent repair shops to take their vehicles to the dealership. They highlighted the economic impact of this choice and its inconvenience to the public:
- Independent repair shops charge an average of 36.2-37% less than dealerships for identical services
- Current restrictions result in approximately $3 billion in additional annual costs to consumers nationwide
- Over 60% of independent shops report having to turn away an average of five customers monthly due to the inability to access diagnostic information
- Simple repairs that could be completed quickly and affordably at independent shops now require costly dealership visits
- Dealership appointments often require 2-4 week waiting periods for routine maintenance
Advanced Driver Assistance Systems Complications
The delegation discussed how ADAS features rely on complex sensors that require proprietary software for calibration, and that repair shops must send vehicles back to dealerships for sensor recalibration, adding days or weeks to repair times.
Data Security Hypocrisy
The Auto Care Association members expressed frustration with automakers’ contradictory positioning regarding data handling. While automakers cite data security and privacy concerns to justify restricting repair information access, they are simultaneously:
- Sell consumer driving behavior data to insurance companies, affecting premium rates based on hard braking, acceleration patterns, and speed
- Share location and usage data with third-party marketers
The delegation expressed that independent auto repair shops have no need for telematics data other than to make the repairs that their customers request to get them safely back onto the road.
Workforce and Small Business Impact
In Tennessee, the automotive aftermarket employs more workers than automotive manufacturers in an industry deemed essential by the federal government. The inability to have equal access to data means that those auto repair shops run the risk of potential closure as they lose customers unable to receive services due to diagnostic lockouts. The members argued that allowing independent auto repair shops equal data access through Right to Repair is a viable path to creating more employment opportunities for Tennesseans, as opportunities are plentiful for residents seeking careers in automotive.
At the conclusion of the visits, the Auto Care Association members expressed that Maine and Massachusetts have already passed similar automotive right-to-repair legislation through ballot initiatives with overwhelming public support (approximately 88% approval rates). They asked their representatives to support the REPAIR Act to bolster the growth and health of auto repair businesses in Tennessee and to allow consumers the right to choose where their vehicle is serviced without interference or obstruction.
