I 
111TH CONGRESS 
1ST SESSION H. R. 2057 
To protect the rights of consumers to diagnose, service, maintain, and repair 
their motor vehicles, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
APRIL 22, 2009 
Mr. TOWNS (for himself, Mr. GEORGE MILLER of California, and Ms. ESHOO) 
introduced the following bill; which was referred to the Committee on En-
ergy 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 2009.’’ 
SEC. 2. FINDINGS AND PURPOSES. 
(a) FINDINGS.—The Congress finds the following: 
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(1) Motor vehicle owners are entitled to choose 
which service provider will diagnose, service, main-
tain, or repair their motor vehicles. 
(2) Promoting competition in price and quality 
for the diagnosis of problems, service, maintenance, 
and repair of motor vehicles will benefit consumers. 
(3) 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 America’s mobility, 
minimizing fuel consumption, protecting the environ-
ment, and enabling the highest levels of safety pos-
sible in modern motor vehicles. 
(4) Computers of various kinds are now used by 
manufacturers in motor vehicle equipment and 
motor vehicle systems. On-board computer tech-
nology controls virtually all of the vehicle’s systems, 
and only service technicians with the necessary tools 
and information can access the computers to per-
form diagnosis, service, maintenance, and repair of 
the vehicle. 
(5) Manufacturers have made available to their 
authorized dealers and service providers the informa-
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tion, tools, codes, and replacement equipment nec-
essary to diagnose problems and to service, main-
tain, and repair motor vehicles that incorporate com-
puters in their motor vehicle systems. 
(6) Consumers in the United States have bene-
fited from the availability of a wide choice of service 
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. 
(7) Vehicles are now being equipped with sys-
tems that permit vehicles to communicate repair and 
diagnostic information wirelessly with the vehicle 
manufacturer and repair facilities. Car owners have 
the right to choose where and to whom information 
generated by their vehicle and vehicle computers is 
sent. 
(b) PURPOSES.—The purposes of this Act are— 
(1) to protect motor vehicle owners’ right to 
choose a service provider for the diagnosis, service, 
maintenance, and repair of their motor vehicles; 
(2) to promote competition in price and quality 
among service providers; and 
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(3) to promote safety and fuel efficiency by al-
lowing consumers to choose among competing service 
providers. 
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 must provide 
to the motor vehicle owner and service providers, using 
reasonable business means and on a non-discriminatory 
basis, all information to diagnose, service, maintain, or re-
pair the motor vehicle. This information must include— 
(1) information about safety alerts, recalls, 
service bulletins and the need for adjustments to 
maintain vehicle efficiency, safety and convenience; 
and 
(2) all information of any kind provided di-
rectly, indirectly, or wirelessly to new car dealers or 
any repair facility to diagnose, service, maintain, re-
pair, activate, certify, or install any motor vehicle 
equipment (including replacement parts and equip-
ment) 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 must offer for 
sale to the motor vehicle owner and to all service providers 
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on a reasonable and non-discriminatory basis, any tool for 
the diagnosis, service, maintenance, or repair of a motor 
vehicle, and provide all information that enables aftermar-
ket tool companies to manufacture tools with the same 
functional characteristics as those tools made available 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 must offer for sale 
to motor vehicle owners, and to all service providers on 
reasonable and non-discriminatory terms, all equipment 
for diagnosis, service, maintenance, or repair of 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 
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utilize all authority conferred on it by the Federal Trade 
Commission Act, or otherwise. 
(b) VIOLATION OF SECTION 3.—A violation of section 
3 of this Act constitutes an unfair method of competition 
and an unfair or deceptive act or practice within the mean-
ing of section 5(a)(1) of the Federal Trade Commission 
Act (15 U.S.C. 45(a)(1)). 
(c) VIOLATION OF A RULE.—Violation of a rule pre-
scribed under section 4(d) of this Act constitutes violation 
of a rule defining an unfair or deceptive act or practice 
prescribed under section 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 DEPARTMENT OF TRANS-
PORTATION.—The Federal Trade Commission must co-
operate with the Department of Transportation to publish 
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 
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(2) conflict with rules prescribed by the Admin-
istrator of the Environmental Protection Agency. 
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, 
as parens patriae, may bring a civil action on behalf of 
its residents to enjoin violations, to obtain damages, res-
titution, or other compensation on behalf of residents of 
the State, or to obtain such further relief as the court may 
deem appropriate. 
(b) NOTICE.—The State must 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 must serve notice 
immediately upon instituting an action. Upon receiving a 
notice of a civil action, the Federal Trade Commission 
may— 
(1) intervene in the action; 
(2) upon intervening, to be heard on all matters 
arising therein; and 
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(3) to appeal. 
(c) CONSTRUCTION.—For purposes of bringing any 
civil action under subsection (a) of this section, nothing 
in this chapter will prevent an attorney general from exer-
cising the powers conferred on the attorney general by the 
laws of such State to conduct investigations or to admin-
ister oaths or affirmations or to compel the attendance 
of witnesses or the production of documentary and other 
evidence. 
(d) ACTIONS BY FEDERAL TRADE COMMISSION.— 
Whenever a civil action has been instituted by or the Fed-
eral Trade Commission for violation of any rule prescribed 
under section 4(d) of this Act, no State may, during the 
pendency of the action instituted by 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 alleged in such complaint. 
(e) ACTIONS BY OTHER STATE OFFICIALS.— 
(1) Nothing contained in this section may 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 
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section, an action may be brought by officers of a 
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 (in-
cluding court costs and reasonable attorney and expert 
witness fees). The action may be brought in any court of 
competent jurisdiction. 
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 any per-
son engaged in the diagnosis, service, maintenance, 
or repair of motor vehicles or motor vehicle engines. 
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(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. 
(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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