or disabled Federally-required emissions control equipment,” 54% reported that the modifications included those which removed, impaired or disabled OEM safety features, and 62% reported that the modifications included those which “could reduce reliability, durability or resale value of the equipment.”[1] This study, however, is inapposite because it concerns modifications to equipment as opposed to repairs.[2]
By contrast, advocates for the right to repair submitted evidence that consumers are generally satisfied with repairs made by independent repair shops. For example, Consumer Reports cited survey results indicating that “consumers who used independent repair shops were more satisfied with the repairs than those who used factory service.”[3] The Auto Care Association noted in its submission that 70–75% of consumers use independent repair shops due mostly to trust, convenience, and price.[4]
In addition, repair providers and advocates question the value of OEM repairer certifications. For example, Workshop panelist Jennifer Larsen stated that although her business’s technicians are not certified by any one OEM, they “go to training like certified technicians.” She also noted that “any good business owner who wants to keep their brand and reputation is going to make sure they have technicians that can repair appropriately.”[5]
These concerns generally mirror those discussed above in connection with safety and cybersecurity risks. The record does not establish that repairs conducted by independent repair shops would be inferior to those conducted by authorized repair shops if independent repair shops were provided with greater access to service manuals, diagnostic software and tools, and replacement parts as appropriate.
Consumer advocates offer many reasons why they believe repair restrictions should be curtailed. They argue that repair restrictions prevent timely repairs, raise the prices consumers must pay for repairs, result in harm to the environment, and threaten small and local businesses. This section addresses these arguments and provides an evaluation of each one.
- ↑ Equipment Dealers Association & Association of Equipment Manufacturers empirical research (“EDA & AEM empirical research”).
- ↑ Conversations with representations with EDA and AEM confirm the limitations of the study. The representatives indicated that their members are concerned that individuals purposefully make such modifications, not to repair the products, but to intentionally alter the safety and emission standards for purposes unrelated to repair.
- ↑ Consumer Reports empirical research, at 2 (citing Should you Repair or Replace that product?, (January 2014), https://www.consumerreports.org/cro/magazine/2014/02/repair-or-replace/index.htm).
- ↑ Auto Care Association comment, at 1. Aaron Lowe from the Auto Care Association was a panelist at the Workshop and reiterated that approximately 70% of car owners use independent repair shops after a car’s warranty expires. Transcript, at 157.
- ↑ Transcript, at 55–56. Workshop panelist McDonough stated that although she is not certified by an OEM, she thinks she knows most of what she would learn from an OEM training because she does the work every day. Transcript, at 54–55.
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