Establishes the right to repair act to protect the rights of consumers to diagnose, service, maintain, and repair motor vehicles; requires original equipment manufacturers to make equipment available to independent repair providers under fair and reasonable terms.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A6589
SPONSOR: DenDekker TITLE OF BILL: An act to amend the general business law, in relation
to establishing the "Right to repair act" to require original equipment
manufacturers to make certain equipment available to independent repair
providers under fair and reasonable terms
PURPOSE:
To protect the rights of consumers to diagnose, service, maintain, and
repair their motor vehicles, and for other purposes
SUMMARY OF PROVISIONS:
Section 1 establishes the title of the act.
Section 2 provides definitions and requires that original equipment
manufacturers (OEMs) make available to independent repair providers the
same diagnostic and repair information for no charge or for the same
charge and in the same format such OEMs make available to its authorized
repair providers. The section also makes available for purchase by the
owner upon fair and reasonable terms equipment or service parts inclu-
sive of any updates to the embedded software of the equipment or parts.
Violating this section shall be enforceable by the attorney general
through a fine not exceeding five hundred dollars per incident.
Section 3 relates to the effective date.
JUSTIFICATION:
The 1990 Clean Air Act Amendments required all vehicles built after 1994
to include on-board computer systems to monitor vehicle emissions. The
bill also required automakers to provide independent repairers the same
emissions service information as provided to franchised new car dealers.
The manufacturers have not provided the information in a timely and/or
accessible manner. As automotive technology advanced, computers came to
control the vital systems of every vehicle, including brakes, ignition
keys, air bags, steering mechanisms and more. Repairing motor vehicles
has become one of using computer diagnostic tools which replaced a
mechanic's observation and experience. Without the passage of this Right
to Repair legislation, consumers have no choice but to utilize the deal-
er network to repair their motor vehicles resulting in repairs that are
more costly than a neighborhood repair facility.
LEGISLATIVE HISTORY:
New Bill
FISCAL IMPLICATIONS:
TBD.
EFFECTIVE DATE:
The act shall take effect on the one hundred twentieth day after it
shall have become law; provided, however that effective immediately, the
addition, amendment and/or repeal of any repeal of any rules or regu-
lations necessary for the implementation of the foregoing provisions of
this act on its effective date are authorized and directed to be made
and completed on or before such effective date.
