I 
110TH CONGRESS 
1ST SESSION H. R. 2694 
To protect the rights of consumers to diagnose, service, maintain, and repair 
their motor vehicles, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 13, 2007 
Mr. TOWNS 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, 
maintain, and repair their motor vehicles, and for other 
purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Motor Vehicle Owners 
Right to Repair Act of 2007’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress finds the following: 
(1) Consumers are entitled to diagnose, service, 
maintain, or repair their own motor vehicles if they 
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so choose, or to choose a service provider to perform 
these services for their motor vehicles. 
(2) Consumers are entitled to all information 
about safety alerts, recalls, and other events relevant 
to the operation of their vehicles and to have this in-
formation available to their service providers in 
order to ensure the fuel efficient and safe operation 
of their motor vehicles. 
(3) Promoting competition in price and quality 
for the diagnosis of problems, service, maintenance, 
and repair of motor vehicles will benefit consumers. 
(4) Regular diagnosis, service, maintenance, 
and repair of motor vehicles, motor vehicle equip-
ment, and motor vehicle systems such as pollution 
control, transmission, antilock brakes, electronic and 
mechanical systems, heating and air-conditioning, 
and steering are essential to improve fuel economy, 
protect the environment, and promote the safety of 
modern motor vehicles. 
(5) Better fuel economy can reduce our depend-
ence on foreign oil and help protect the environment. 
Proper maintenance of a motor vehicle can signifi-
cantly improve its gas mileage. Fixing a motor vehi-
cle that is noticeably out of tune can improve its gas 
mileage by an average of 4 percent. Replacing a 
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clogged air filter can improve a motor vehicle’s mile-
age by as much as 10 percent. Fixing a serious 
maintenance problem, such as a faulty oxygen sen-
sor, can improve a motor vehicle’s mileage by as 
much as 40 percent. 
(6) Computers of various kinds increasingly are 
being used by manufacturers in motor vehicle equip-
ment and motor vehicle systems. On-board computer 
technology controls virtually all of the vehicle’s sys-
tems, and only service technicians with the necessary 
information can access the computers to perform di-
agnosis, service, maintenance, and repair of the vehi-
cle. 
(7) Manufacturers have made available to their 
authorized dealers and service providers the informa-
tion, tools, and replacement equipment necessary to 
diagnose problems and to service, maintain, and re-
pair motor vehicles that incorporate computers in 
their motor vehicle systems. 
(8) Manufacturers have failed to make avail-
able, or have inhibited, restricted, or limited the 
availability to consumers and independent service 
providers of the information, tools, and replacement 
equipment necessary to diagnose, service, maintain, 
and repair consumers’ motor vehicles. A statistically 
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valid and reliable survey of 10,000 consumers re-
ported that 14 percent were turned away in calendar 
year 2006 and told to go to an authorized dealer be-
cause the independent car repair shop ‘‘did not have 
the tools, equipment or information required to do’’ 
the required service. Of these 14 percent, 62 percent 
stated that they were inconvenienced by the turn 
away. Of these turned away, 25 percent said that 
they would not or probably would not return to the 
independent garage because of the inconvenience in-
curred. 
(9) Overall, independent service providers lose 
an average of 5.6 percent in productivity per month 
because of the lack of information and tools, which 
translates into an annual revenue loss of approxi-
mately $5.8 billion. 
(10) Consumers expressed a clear preference 
for independent repair shops for two significant rea-
sons—convenience and price. By a ratio of 25 to 17, 
they expressed a preference for independent repair 
shops when convenience is the principle factor, and 
by a ratio of 13 to 5 when price is the principle fac-
tor choice. 
(11) Consumers whose service providers cannot 
repair their motor vehicles because neither the con-
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sumer nor the service provider has access to the nec-
essary information and tools lose both time and 
money and may have no realistic choice but to turn 
to an authorized dealer. Independent service pro-
viders suffer a business loss because they have to 
turn away consumers or expend time and effort con-
tacting manufacturers’ representatives to try to ob-
tain the necessary information. 
(12) Consumers in the United States have ben-
efited from the availability of a wide choice of serv-
ice providers for their motor vehicles. The American 
economy has also benefited from the availability of 
an aftermarket tools and parts supply that provides 
jobs to over 5 million workers in 495,000 businesses, 
and generates $200 billion in annual sales. 
(13) Vehicle owners in the United States should 
have the right— 
(A) to all information necessary to allow 
the diagnosis, service, maintenance, and repair 
of their vehicles; 
(B) to have access to information, tools, 
and replacement equipment so that they can, if 
they wish, diagnose problems themselves and 
maintain, service, and repair their own vehicles; 
and 
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(C) to the availability at both authorized 
and independent service providers of the tools, 
replacement equipment, and information nec-
essary to diagnose problems in vehicles and to 
service, maintain, and repair them. 
(14) Discriminating between authorized dealers 
and independent service providers and restricting the 
availability of information, tools and replacement 
equipment limits who can diagnose, service, main-
tain, and repair motor vehicles and what tools and 
replacement equipment may be used to repair those 
vehicles, limits consumer choice, limits competition, 
and impedes the safe and energy-efficient operation 
of motor vehicles. 
(15) Access for consumers and all service pro-
viders of information, tools, and replacement equip-
ment necessary to the diagnosis, service, mainte-
nance, and repair of motor vehicles can be accom-
plished without infringing manufacturers’ legitimate 
trade secrets. 
(b) PURPOSES.—The purposes of this Act are the fol-
lowing: 
(1) To protect consumers’ rights to choose a 
service provider for the diagnosis, service, mainte-
nance, and repair of their motor vehicles; 
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(2) To promote safety and energy efficiency by 
requiring motor vehicle manufacturers to make 
available to consumers and their service providers 
the information, parts and tools necessary to facili-
tate regular diagnosis, service, maintenance, and re-
pair of motor vehicles, motor vehicle equipment, and 
motor vehicle systems; and 
(3) To promote competition in price and quality 
for the diagnosis of problems, and the service, main-
tenance, and repair of motor vehicles by giving con-
sumers the widest possible choice of service pro-
viders. 
SEC. 3. MANUFACTURER REQUIREMENTS. 
(a) DUTY TO DISCLOSE INFORMATION.—The manu-
facturer of a motor vehicle sold, leased, or otherwise intro-
duced into commerce in the United States shall provide 
to the motor vehicle owner, and to all service providers 
on reasonable and non-discriminatory terms, all informa-
tion necessary to diagnose, service, maintain, or repair the 
motor vehicle, and all information necessary to fully utilize 
the tools and motor vehicle equipment (including replace-
ment equipment) needed to diagnose, service, maintain, 
and repair the motor vehicle. Such information shall in-
clude— 
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(1) information about safety alerts, recalls, 
service bulletins and the need for adjustments to 
maintain energy efficiency; 
(2) information necessary to access and inte-
grate replacement equipment into the motor vehicle; 
and 
(3) all other information of any kind needed or 
used to diagnose, service, maintain, repair, activate, 
certify, or install any motor vehicle equipment (in-
cluding replacement equipment) in a motor vehicle. 
(b) DUTY TO MAKE TOOLS AVAILABLE.—The manu-
facturer of a motor vehicle sold, leased, or otherwise intro-
duced into commerce in the United States shall offer for 
sale to consumers, and to all service providers on reason-
able and non-discriminatory terms, any tool necessary to 
diagnose, service, maintain, or repair a motor vehicle, and 
shall provide the information necessary to enable 
aftermarket tool companies to manufacture tools with the 
same functional characteristics as those tools made avail-
able by the manufacturers to authorized dealers. 
(c) REPLACEMENT EQUIPMENT.—The manufacturer 
of a motor vehicle sold, leased, or otherwise introduced 
into commerce in the United States shall offer for sale 
to consumers, and to all service providers on reasonable 
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and non-discriminatory terms, all equipment necessary to 
diagnose, service, maintain, or repair a motor vehicle. 
(d) PROTECTION OF TRADE SECRETS.— 
(1) A manufacturer may not be required to 
publicly disclose information that, if made public, 
would divulge methods or processes entitled to pro-
tection as trade secrets. 
(2) No information may be withheld by a manu-
facturer on the ground that it is a trade secret if 
that information is provided (directly or indirectly) 
to authorized dealers or service providers. 
SEC. 4. AUTHORITY OF FEDERAL TRADE COMMISSION. 
(a) IN GENERAL.—For the purpose of enforcing com-
pliance with this Act, the Federal Trade Commission may 
utilize all authority conferred on it by the Federal Trade 
Commission Act, or otherwise. 
(b) A violation of section 3 of this Act constitutes 
an unfair method of competition and an unfair or decep-
tive act or practice within the meaning of section 5(a)(1) 
of the Federal Trade Commission Act (15 U.S.C. 
45(a)(1)). 
(c) Violation of a rule prescribed under section 4(d) 
of this Act constitutes violation of a rule defining an un-
fair or deceptive act or practice prescribed under section 
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18(a)(1)(B) of the Federal Trade Commission Act (15 
U.S.C. 57a(a)(1)(B)). 
(d) RULEMAKING.—The Federal Trade Commission 
may prescribe rules to implement this Act. 
(e) COOPERATION WITH U.S. DEPARTMENT
OF 
TRANSPORTATION.—The Federal Trade Commission shall 
cooperate with the Department of Transportation to pub-
lish technical service bulletins on a Federal Internet 
Website. 
(f) LIMITATION.—The Federal Trade Commission 
may not prescribe rules that— 
(1) interfere with the authority of the Adminis-
trator of the Environmental Protection Agency 
under section 202(m) of the Clean Air Act (42 
U.S.C. 7521(m)) with regard to motor vehicle emis-
sions control diagnostics systems; or 
(2) conflict with rules prescribed by such Ad-
ministrator under such section. 
SEC. 5. ACTION BY STATES. 
(a) IN GENERAL.—Whenever an attorney general of 
any State has reason to believe that the interests of the 
residents of that State have been or are being threatened 
or adversely affected by a violation of section 3 of this 
Act, or by the violation of a rule promulgated by the Fed-
eral Trade Commission to implement this Act, the State, 
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as parens patriae, may bring a civil action on behalf of 
its residents to enjoin such violations, to obtain damages, 
restitution, or other compensation on behalf of residents 
of such State, or to obtain such further and other relief 
as the court may deem appropriate. 
(b) NOTICE.—The State shall serve prior written no-
tice of any civil action under subsection (a) of this section 
upon the Federal Trade Commission with a copy of its 
complaint, except that if it is not feasible for the State 
to provide such prior notice, the State shall serve such 
notice immediately upon instituting such action. Upon re-
ceiving a notice respecting a civil action, the Federal 
Trade Commission shall have the right— 
(1) to intervene in such action, 
(2) upon so intervening, to be heard on all mat-
ters arising therein, and 
(3) to file petitions for appeal. 
(c) CONSTRUCTION.—For purposes of bringing any 
civil action under subsection (a) of this section, nothing 
in this chapter shall prevent an attorney general from ex-
ercising the powers conferred on the attorney general by 
the laws of such State to conduct investigations or to ad-
minister oaths or affirmations or to compel the attendance 
of witnesses or the production of documentary and other 
evidence. 
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(d) ACTIONS BY FEDERAL TRADE COMMISSION.— 
Whenever a civil action has been instituted by or on behalf 
of the Federal Trade Commission for violation of any rule 
prescribed under section 4(d) of this Act, no State may, 
during the pendency of such action instituted by or on 
behalf of the Federal Trade Commission, institute a civil 
action under this Act against any defendant named in the 
complaint in such action for violation of any rule as al-
leged in such complaint. 
(e) ACTIONS BY OTHER STATE OFFICIALS.— 
(1) Nothing contained in this section shall pro-
hibit an authorized State official from proceeding in 
State court on the basis of an alleged violation of 
any civil or criminal statute of such State. 
(2) In addition to actions brought by an attor-
ney general of a State under subsection (a) of this 
section, such an action may be brought by officers 
of such State who are so authorized. 
SEC. 6. CONSUMERS’ RIGHTS. 
A consumer or service provider may bring a civil ac-
tion to enjoin any violation of section 3 of this Act or of 
any rule issued pursuant to this Act and for damages 
therefore (including court costs and reasonable attorney 
and expert witness fees). Such an action may be brought 
in any court of competent jurisdiction. 
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SEC. 7. DEFINITIONS. 
In this Act: 
(1) The term ‘‘commerce’’ has the meaning 
given that term in section 4 of the Federal Trade 
Commission Act (15 U.S.C. 44). 
(2) The terms ‘‘manufacturer’’, ‘‘motor vehi-
cle’’, and ‘‘motor vehicle equipment’’ have the mean-
ings given those terms in section 30102(a) of title 
49, United States Code. 
(3) The term ‘‘motor vehicle owner’’ and the 
term ‘‘consumer’’ mean any person who owns, 
leases, or otherwise has the legal right to use and 
possess a motor vehicle, or the agent of such person. 
(4) The term ‘‘service provider’’means a person 
engaged in the diagnosis, service, maintenance, or 
repair of motor vehicles or motor vehicle engines. 
(5) The term ‘‘replacement equipment’’ has the 
meaning given that term in section 30102(b)(1) of 
title 49, United States Code. 
(6) The term ‘‘model year’’ has the meaning 
given that term in section 32901(a) of title 49, 
United States Code. 
(7) The term ‘‘dealer’’ has the meaning given 
that term in section 30102(a) of title 49, United 
States Code. 
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(8) The term ‘‘technical service bulletin’’ means 
a communication sent to a dealer about the diag-
nosis, service, maintenance or repair of a motor ve-
hicle or item of motor vehicle equipment and shall 
include all communications sent to the Secretary of 
Transportation 
under 
sections 
30166(f) 
and 
30166(m)(3)(A)(ii) of title 49, United States Code. 
Æ 
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