I 

109TH CONGRESS 

1ST SESSION H. R. 2048

To protect the rights of consumers to diagnose, service, and repair motor 

vehicles in the United States, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MAY 3, 2005

Mr. BARTON of Texas (for himself, Mr. TOWNS, and Mr. ISSA) introduced the 

following bill; which was referred to the Committee on Energy and Commerce 

A BILL

To protect the rights of consumers to diagnose, service, and 

repair motor vehicles in the United States, and for other 

purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Motor Vehicle Owners’ 

5 Right to Repair Act of 2005’’. 

6 SEC. 2. FINDINGS AND PURPOSES. 

7 (a) FINDINGS.—Congress finds the following: 

8 (1) The ability to diagnose, service, and repair 

9 a motor vehicle in a timely, reliable, and affordable 
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1 manner is essential to the safety and well-being of 

2 automotive consumers in the United States. 

3 (2) Consumers are entitled to choose among 

4 competing repair facilities for the convenient, reli5 able, and affordable repair of their motor vehicles. 

6 (3) Increased competition among repair facili7 ties will benefit vehicle owners in the United States. 

8 (4) Computers of various kinds are increasingly 

9 being used in motor vehicle systems, such as pollu10 tion control, transmission, anti-lock brakes, elec11 tronic and mechanical systems, heating and air-con12 ditioning, mobile electronics, airbags, and steering. 

13 (5) The diagnosis, service, and repair of these 

14 vehicle systems are essential to the safety and prop15 er operation of modern motor vehicles. 

16 (6) In many instances, access codes prevent 

17 owners from making, or having made, the necessary 

18 diagnosis, service, and repair of their motor vehicles 

19 in a timely, convenient, reliable, and affordable man20 ner. 

21 (7) Automobile manufacturers have restricted 

22 access to the information motor vehicle owners need 

23 in order to diagnose, service, and repair their vehi24 cles, in a manner that has hindered open competi25 tion among repair facilities. 
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1 (8) Consumers in the United States have bene2 fited from the availability of a competitive 

3 aftermarket industry, or parts and accessories used 

4 in the repair, maintenance, or enhancement of a 

5 motor vehicle. The American economy has also bene6 fited from the availability of a competitive 

7 aftermarket industry that provides jobs to over 5 

8 million workers in over 495,000 businesses, and gen9 erates $200 billion in annual sales. 

10 (9) Vehicle owners in the United States should 

11 have the right—

12 (A) to all information necessary to allow 

13 the diagnosis, service, and repair of their vehi14 cles; 

15 (B) to choose between original parts and 

16 aftermarket parts when repairing their motor 

17 vehicles; and 

18 (C) to make, or have made, repairs nec19 essary to keep their vehicles in reasonably good 

20 and serviceable condition during the life of the 

21 vehicle. 

22 (10) The restriction of vehicle repair informa23 tion and tools limits who can repair motor vehicles 

24 and what parts may be used to repair those vehicles, 

25 which limits consumer choice, impedes competition, 
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1 and increases the costs of vehicle repair for con2 sumers. 

3 (b) PURPOSES.—The purposes of this Act are: 

4 (1) To ensure the safety of all vehicle owners 

5 by requiring disclosure of all information necessary 

6 for the proper diagnosis, service, and repair of a ve7 hicle in a timely, affordable, and reliable manner. 

8 (2) To encourage competition in the diagnosis, 

9 service, and repair of motor vehicles. 

10 SEC. 3. MANUFACTURER DISCLOSURE REQUIREMENTS. 

11 (a) DUTY TO DISCLOSE.—The manufacturer of a 

12 motor vehicle sold or introduced into commerce in the 

13 United States shall promptly provide to the vehicle owner, 

14 or to a repair facility of the motor vehicle owner’s choos15 ing, the information necessary to diagnose, service, or re16 pair the vehicle. The motor vehicle manufacturer shall 

17 make available all non-emission-related service informa18 tion, training information, and diagnostic tools on a non19 discriminatory basis to any repair facility of the owner’s 

20 choosing, and shall not not limit such information to those 

21 repair facilities within the manufacturers’ approved net22 work. The information to be made available shall include 

23 the following: 

24 (1) The same service and training information 

25 related to vehicle repair shall be made available to 
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1 all independent repair facilities in the same manner 

2 and extent as it is made available to franchised deal3 erships, and shall include all information needed to 

4 activate all controls that can be activated by a fran5 chised dealership. 

6 (2) The same diagnostic tools and capabilities 

7 related to vehicle repair that are made available to 

8 franchised dealerships shall be made available to 

9 independent repair facilities. These diagnostic tools 

10 and capabilities shall be made available for purchase 

11 by motor vehicle owners or their agents through rea12 sonable business means. The service and training in13 formation and manufacturer diagnostic capabilities 

14 shall be available to independent repair facilities, 

15 and to the companies from which they normally pur16 chase diagnostic tools, without the need for the 

17 motor vehicle owner to return to a franchised dealer18 ship. 

19 (b) PROTECTION OF TRADE SECRETS.—Nothing in 

20 this Act shall be deemed to require the disclosure of trade 

21 secrets, nor the public disclosure of any information re22 lated exclusively to the design and manufacture of motor 

23 vehicle parts. No information necessary to repair a vehicle 

24 shall be withheld by a manufacturer if such information 
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1 is provided (directly or indirectly) to franchised dealer2 ships or other repair facilities. 

3 SEC. 4. REGULATIONS. 

4 (a) IN GENERAL.—Not later than 1 year after the 

5 date of enactment of this Act, the Federal Trade Commis6 sion shall prescribe regulations setting forth an appro7 priate method by which manufacturers shall provide the 

8 information required by section 3, including disclosure in 

9 writing, via the Internet, or under such terms as the Com10 mission determines appropriate. The regulations shall take 

11 effect upon final issuance of such regulations and shall 

12 apply to vehicles manufactured after model year 1994. 

13 (b) LIMITATION.—The Federal Trade Commission 

14 may not prescribe rules that interfere with the authority 

15 of, or conflict with rules prescribed by, the Administrator 

16 of the Environmental Protection Agency under section 

17 202(m) of the Clean Air Act (42 U.S.C. 7521(m)) with 

18 regard to motor vehicle emissions control diagnostics sys19 tems. 

20 SEC. 5. ENFORCEMENT. 

21 (a) UNFAIR OR DECEPTIVE ACT OR PRACTICE.—The 

22 failure by a manufacturer to comply with section 3(a) or 

23 the regulations prescribed under section 4 shall be treated 

24 as an unfair method of competition and an unfair or de25 ceptive act or practice in or affecting commerce (within 
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1 the meaning of section 5(a)(1) of the Federal Trade Com2 mission Act (15 U.S.C. 45(a)(1))). A violation of this Act 

3 shall be treated as a violation of a rule defining an unfair 

4 or deceptive act or practice prescribed under section 

5 18(a)(1)(B) of the Federal Trade Commission Act (15 

6 U.S.C. 57a(a)(1)(B)). 

7 (b) ACTIONS BY THE FEDERAL TRADE COMMIS8 SION.—The Federal Trade Commission shall enforce this 

9 Act in the same manner, by the same means, and with 

10 the same jurisdiction, powers, and duties as though all ap11 plicable terms and provisions of the Federal Trade Com12 mission Act (15 U.S.C. 41 et seq.) were incorporated into 

13 and made a part of this Act. Any entity that violates this 

14 Act shall be subject to the penalties and entitled to the 

15 privileges and immunities provided in the Federal Trade 

16 Commission Act in the same manner, by the same means, 

17 and with the same jurisdiction, power, and duties as 

18 though all applicable terms and provisions of the Federal 

19 Trade Commission Act were incorporated into and made 

20 a part of this Act. 

21 (c) EFFECT ON OTHER LAWS.—Nothing contained in 

22 this Act shall be construed to limit the authority of the 

23 Federal Trade Commission under any other provisions of 

24 law. 
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1 SEC. 6. DEFINITIONS. 

2 In this Act: 

3 (1) The terms ‘‘manufacturer’’, ‘‘motor vehi4 cle’’, and ‘‘motor vehicle equipment’’ have the mean5 ings given those terms in section 30102(a) of title 

6 49, United States Code. 

7 (2) The term ‘‘motor vehicle owner’’ or ‘‘vehicle 

8 owner’’ means any person who owns, leases, or oth9 erwise has the legal right to use and possess a motor 

10 vehicle. 

11 (3) The term ‘‘repair facility’’ means a facility 

12 maintained by a person engaged in the repair, diag13 nosing, or servicing of motor vehicles or motor vehi14 cle engines.

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