June 12, 2007

**"Right to Repair" Legislation**

**A Solution in Search of a Problem **

Dear Colleague;

I am writing to urge you to oppose legislation that may be re-introduced
this year---the so-called Motor Vehicle Owners' "Right to Repair" Act
(H.R. 2048 in the 109^th^ Congress).  The issue persists because a
coalition of aftermarket parts manufacturers continue to fund a public
relations campaign designed to create the appearance of a problem.  The
Coalition for Auto Repair Equality (CARE), which they call themselves,
is seeking legislation to force automakers to turn over proprietary
parts information under the guise that independent mechanics do not have
access to the information they need to repair cars.

This is simply not the case!

With very few exceptions, the information necessary to service and
repair vehicles is available today through a variety of different
websites, hotlines, manuals, and training opportunities.  If access
problems still exist after a technician exhausts the various sources,
the National Automotive Service Task Force (NASTF) steps in to solve the
problem.  NASTF was created in 2000 as a private-sector solution to
identify and correct gaps in the availability and accessibility of
automotive service information and diagnostic tools.  Additionally, it
is their role to mediate any disputes between repairers and original
equipment manufacturers.  In 2006, NASTF reviewed only 32 complaints of
the more than 500 million automotive service and repair events.  All 32
complaints were resolved.

So, if there is not an access issue then this must be an intellectual
property issue clear and simple.  These massive, publicly traded, member
companies of CARE want to be able to sell cheap-reproduced parts made
overseas.  In order to do this, access to an auto manufacturer's
blueprints are needed, and right to repair legislation would force
disclosure of proprietary information.  

Even the Automotive Service Association, which represents independent
aftermarket repair shops, opposes this legislation because automakers
are already providing access to information and tools to all parties in
the automobile repair industry through a voluntary and cooperative
process.

A bill is unnecessary, because the private sector already provides
cost-effective access to any information necessary to service or repair
vehicles.

I strongly urge you NOT to support or cosponsor so-called "Right to
Repair" legislation in the 110th Congress.  As Chairman Dingell has
said, legislation such as this is "a solution in search of a problem"
(May 25, 2006 Markup, Energy and Commerce, Subcommittee on Commerce,
Trade, and Consumer Protection).  The Federal Trade Commission, which
would have jurisdiction over these matters, and other objective
observers have repeatedly concluded that federal legislation of this
nature is NOT warranted. 

If you have any questions please do not hesitate to contact me or Joe
Lillis on my staff at 5-5901, <Joe.Lillis@mail.house.gov>

                                                            
                        Sincerely,

                                                                                               

                                                                       
         /s Lynn A. Westmoreland

                                                                                   
Member of Congress