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- No more games with collision repair parts -

AASP/NJ ‘s After Market Parts Bills, A2135/S1325, provide consumers, lessors, lenders, OEM’s, repairers, after market parts manufacturers and insurers with clear, fair conditions under which to market and make collision repair parts decisions.

q       Current improper insurer incentives to force cheap and unsafe repairs on consumers will be eliminated. Under these Bills, after market parts will no longer be sold by using deceptive current collision parts practices.

q       In order to claim parts are equal to OEM parts, after market parts manufacturers will have to invest in proper processes and independent certifications. Consumers will no longer be forced to run the risk that the consumer will be liable to the leasing company for insurer dictated improper repairs when they turn in their after market part repaired leased vehicle.

q       Unsafe after market parts will be able to be identified, traced and recall procedures will be possible.

q       The market for inferior, cheap parts will change from insurer forced collision repairs to use in those situations where informed consumers, lessors and lenders determine that cost is the overwhelming consideration, and that the safety and quality of the repair is secondary. Consumers, not insurers, will decide if the consumer’s vehicle investment should be protected by repairs using quality parts. The consumer will keep any savings when, with the repairers advice, the consumer decides that out of pocket cost concerns out weigh safety and quality considerations.

q       Those responsible insurers that currently do not force the use of cheap parts will no longer face unfair competition from insurers that use low-ball rates without informing consumers about those insurers’ inferior auto repair standards and reimbursements.

q       Insurers will not be able to propagandize against OEM’s and repairers as being unfair in the pricing of OEM parts because after market manufacturers and repair procedure pricing will reflect the full cost of meeting OEM parts’ standards for fit finish, structural integrity, and corrosion protection. Repair labor costs will include the real time needed to make poor fitting and low quality parts appear acceptable.

q       Consumers will be able to choose the proper way for them to use after market parts and receive the benefit of whatever they choose. After market parts manufacturers will be able to respond to consumer market choices to supply those parts which consumers select to satisfy the consumer’s economic interests. The market for cheap after market parts will be restored to a healthy natural condition, remaining as a check on unrestrained OEM pricing and heavily used to keep older cars useful for cost-pressed consumers.

Today's cars are equipped with On-Board Diagnostic (OBD) Computers, which monitor and control all emission-related components on the car. The OBD System helps technicians diagnose and repair emission related problems. Now, however, the car companies - with the tacit approval of the California Air Resources Board (CARB) and the EPA - with so called "anti-tampering" devices, are restricting access to the electronic information necessary for the development of compatible aftermarket parts. Critical information and tools necessary for emission repairs are difficult to either find or afford, putting repair shops at a huge competitive disadvantage with the new car dealers. Over time, these factors will place the independent aftermarket at a disadvantage in the sale and manufacture of parts and service of motor vehicles. BACKGROUND The 1990 Clean Air Act (CAA) included a pro-consumer amendment requiring that access to the OBD System be unrestricted and that such access not require the use of any manufacturer-specific tools or codes. This amendment also required that all information necessary to use the OBD System and to make emission-related repairs be shared with the independent aftermarket. Without these amendments, the car companies could have "locked out" the aftermarket by making access to the OBD System proprietary, thereby granting a monopoly to the car companies. After the enactment of the 1990 CAA Amendments, the EPA issued OBD regulations that required the car companies to install "tamper resistant" devices that would prevent aftermarket access to the electronic information. The EPA claimed that such protections were necessary in order to protect the integrity of the vehicle software. However, in response to an aftermarket lawsuit, the EPA repealed the anti-tampering requirements. Before the release of the Federal OBD standards, California issued its own standards known as OBD II. Those standards mandated that the car companies institute anti-tampering measures even more restrictive than those proposed by the EPA, in order to prevent access to OBD electronic information. Since California's OBD requirements were to take place first, the car companies began designing their cars to the tougher California standards. To reduce the burden on the car companies from having to produce two cars, one for California and one for the rest of the country, the EPA granted a waiver from federal preemption for California's OBD II standards. The car companies are designing and building their vehicles to meet the California requirements and are selling these "restrictive" vehicles nationwide in clear violation of the CAA. The state is also actively encouraging the car companies to institute stronger anti-tampering measures on their own and have promised to review the need for a requirement if the protections were not deemed sufficient. THE CURRENT SITUATION OBD II equipped cars are just now coming out of warranty and are being seen for the first time in the aftermarket. Independent parts manufacturers are just beginning to focus on building parts for OBD II equipped cars. Therefore, most people in the aftermarket are unaware of the problems OBD II will cost their businesses. It is clear, that unless the independent aftermarket has a ready source of cost-effective information and tools, as well as access to parts that operate effectively with the OBD II Systems, we will lose market share to the car companies. The OBD threat is not limited to just the manufacturer. The consequences of the consumer being forced back to the dealership for their OBD repairs will have other market repercussions. While being held captive, the consumer will be "sold" on performing non-OBD work. From routine maintenance such as oil changes, brakes and tune-ups, to internal engine repairs and suspension work, the consumer may find it easier and more convenient to have all maintenance and repairs done at the dealership. WHAT IS NEEDED The only resource the aftermarket has is to begin a grassroots/education campaign in California and across the nation, similar to that done for HR 1790 in the early 1990s. The effort should educate, motivate and activate members of the aftermarket on the OBD II issue. Through letter writing, telephone calls, rallies, meetings with legislators, candidates and administration officials, we will build a level of concern regarding the anti-consumer impact of the current OBD situation. The ultimate goal would be: 1. Obtain legislation or changes to regulations that will eliminate restrictions on electronic access to OBD Systems necessary to build compatible parts. 2. Obtain legislation or changes to regulations necessary to ensure affordable access to effective generic diagnostic and reprogramming tools. 3. Ensure state enforcement of current federal and state information and tool requirements and enact new ones if necessary. The aftermarket should be prepared to encounter strong opposition from the car companies. Staff. However, we have one asset that they do not have - an army of aftermarket employees with a huge stake in this issue. We will need to activate this resource in order to defeat the well-funded car company lobbyists who will be against us.

Coalition for Auto Repair Equality (CARE) launched an aggressive consumer education campaign to ensure that car owners continue to have the right to repair their own vehicles.

In a major race toward consumer choice, Coalition for Auto Repair Equality (CARE) launched an aggressive consumer education campaign to ensure that car owners continue to have the right to repair their own vehicles. The campaign seeks passage of the Motor Vehicle Right to Repair Act (H.R. 2735), which is before the House of Representatives. CARE represents companies in the automotive aftermarket industry such as NAPA, Midas, CARQUEST, AutoZone, Advance Auto Parts, O’Reilly’s, Jiffy Lube and CSK Auto.

According to CARE President David Parde, “The bill is about ownership, pure and simple. Who owns your car – you or the car company? We say YOU own your vehicle, not the car company. It’s your right to repair.”

The Motor Vehicle Right to Repair Act, H.R. 2735, is a pro-consumer bill that seeks to guarantee the ability of vehicle owners to choose—on their own—where, how and by whom to have their vehicles serviced, whether it is an independent garage, themselves or a dealership. It also gives consumers the choice of whose automobile parts they wish to purchase.

The bill answers a need that began with government regulations requiring all 1996 and newer cars to be equipped with an on-board computer system that helps automotive technicians diagnose and repair mechanical problems. Currently, only automobile manufacturers and their dealers – not independent repair shops or owners themselves – have complete access to all of this information. CARE is sending a message on the local level and asking for Congress to support H.R. 2735.

Says Parde, “Thousands of aftermarket stores and shops nationwide received our in store “action kits” including:

• campaign buttons
• information handouts
• countertop signs
• petitions for the customers to sign, sending a direct message of support to their U.S. Representatives for H.R. 2735.

CARE is asking Congress to support H.R. 2735 and keep America’s consumers in the drivers’ seat. Parde says, “The bill says you own the vehicle. You should have all the information needed to service and make repairs on your car. It also allows you, the owner, to choose who will work on your car, whether that is the automotive technician of your choice, yourself, or even the car dealer. The choice will be yours and that is the way it should be. That’s the American way!”

CARE heads a broad base of support for passage of this bill including National Federation of Independent Business, AAA, 60 Plus Seniors Association and other consumer organizations. The automotive aftermarket is a $200 billion a year industry representing five million people in over 495,000 locations.

Sponsored by Senators James Cafiero and Louis Kosco, S-1412 would impose stringent penalties on body shops and dealers for the cosmetic repair, repackaging and reinstallation of passenger air bags.

Under S-1412, any person who knows or reasonably should have known that he is selling, distributing, installing or reinstalling such bogus devises would be subject to penalties which include a fine of up to $7,500 for a first offense and up to $15,000 for a subsequent offense and the awarding of treble damages to an aggrieved party.

In addition, the Attorney General may obtain a cease and desist order against a violator. The bill further provides that the offender also be referred to the Division of Motor Vehicles for a possible suspension or revocation of his auto body repair shop license.