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.
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 2005’’. 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—Congress finds the following: 
(1) The ability to diagnose, service, and repair 
a motor vehicle in a timely, reliable, and affordable
manner is essential to the safety and well-being of 
automotive consumers in the United States. 
(2) Consumers are entitled to choose among 
competing repair facilities for the convenient, reli-
able, and affordable repair of their motor vehicles. 
(3) Increased competition among repair facili-
ties will benefit vehicle owners in the United States. 
(4) Computers of various kinds are increasingly 
being used in motor vehicle systems, such as pollu-
tion control, transmission, anti-lock brakes, elec-
tronic and mechanical systems, heating and air-con-
ditioning, mobile electronics, airbags, and steering. 
(5) The diagnosis, service, and repair of these 
vehicle systems are essential to the safety and prop-
er operation of modern motor vehicles. 
(6) In many instances, access codes prevent 
owners from making, or having made, the necessary 
diagnosis, service, and repair of their motor vehicles 
in a timely, convenient, reliable, and affordable man-
ner. 
(7) Automobile manufacturers have restricted 
access to the information motor vehicle owners need 
in order to diagnose, service, and repair their vehi-
cles, in a manner that has hindered open competi-
tion among repair facilities.
(8) Consumers in the United States have bene-
fited 
from 
the 
availability 
of 
a 
competitive 
aftermarket industry, or parts and accessories used 
in the repair, maintenance, or enhancement of a 
motor vehicle. The American economy has also bene-
fited 
from 
the 
availability 
of 
a 
competitive 
aftermarket industry that provides jobs to over 5 
million workers in over 495,000 businesses, and gen-
erates $200 billion in annual sales. 
(9) Vehicle owners in the United States should 
have the right—
(A) to all information necessary to allow 
the diagnosis, service, and repair of their vehi-
cles; 
(B) to choose between original parts and 
aftermarket parts when repairing their motor 
vehicles; and 
(C) to make, or have made, repairs nec-
essary to keep their vehicles in reasonably good 
and serviceable condition during the life of the 
vehicle. 
(10) The restriction of vehicle repair informa-
tion and tools limits who can repair motor vehicles 
and what parts may be used to repair those vehicles, 
which limits consumer choice, impedes competition,
and increases the costs of vehicle repair for con-
sumers. 
(b) PURPOSES.—The purposes of this Act are: 
(1) To ensure the safety of all vehicle owners 
by requiring disclosure of all information necessary 
for the proper diagnosis, service, and repair of a ve-
hicle in a timely, affordable, and reliable manner. 
(2) To encourage competition in the diagnosis, 
service, and repair of motor vehicles. 
SEC. 3. MANUFACTURER DISCLOSURE REQUIREMENTS. 
(a) DUTY TO DISCLOSE.—The manufacturer of a 
motor vehicle sold or introduced into commerce in the 
United States shall promptly provide to the vehicle owner, 
or to a repair facility of the motor vehicle owner’s choos-
ing, the information necessary to diagnose, service, or re-
pair the vehicle. The motor vehicle manufacturer shall 
make available all non-emission-related service informa-
tion, training information, and diagnostic tools on a non-
discriminatory basis to any repair facility of the owner’s 
choosing, and shall not not limit such information to those 
repair facilities within the manufacturers’ approved net-
work. The information to be made available shall include 
the following: 
(1) The same service and training information 
related to vehicle repair shall be made available to
all independent repair facilities in the same manner 
and extent as it is made available to franchised deal-
erships, and shall include all information needed to 
activate all controls that can be activated by a fran-
chised dealership. 
(2) The same diagnostic tools and capabilities 
related to vehicle repair that are made available to 
franchised dealerships shall be made available to 
independent repair facilities. These diagnostic tools 
and capabilities shall be made available for purchase 
by motor vehicle owners or their agents through rea-
sonable business means. The service and training in-
formation and manufacturer diagnostic capabilities 
shall be available to independent repair facilities, 
and to the companies from which they normally pur-
chase diagnostic tools, without the need for the 
motor vehicle owner to return to a franchised dealer-
ship. 
(b) PROTECTION OF TRADE SECRETS.—Nothing in 
this Act shall be deemed to require the disclosure of trade 
secrets, nor the public disclosure of any information re-
lated exclusively to the design and manufacture of motor 
vehicle parts. No information necessary to repair a vehicle 
shall be withheld by a manufacturer if such information
is provided (directly or indirectly) to franchised dealer-
ships or other repair facilities. 
SEC. 4. REGULATIONS. 
(a) IN GENERAL.—Not later than 1 year after the 
date of enactment of this Act, the Federal Trade Commis-
sion shall prescribe regulations setting forth an appro-
priate method by which manufacturers shall provide the 
information required by section 3, including disclosure in 
writing, via the Internet, or under such terms as the Com-
mission determines appropriate. The regulations shall take 
effect upon final issuance of such regulations and shall 
apply to vehicles manufactured after model year 1994. 
(b) LIMITATION.—The Federal Trade Commission 
may not prescribe rules that interfere with the authority 
of, or conflict with rules prescribed by, the Administrator 
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 emissions control diagnostics sys-
tems. 
SEC. 5. ENFORCEMENT. 
(a) UNFAIR OR DECEPTIVE ACT OR PRACTICE.—The 
failure by a manufacturer to comply with section 3(a) or 
the regulations prescribed under section 4 shall be treated 
as an unfair method of competition and an unfair or de-
ceptive act or practice in or affecting commerce (within