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ASSEMBLY PANEL CLEARS GUSCIORA/WATSON COLEMAN/EVANS “MOTOR VEHICLE OWNERS RIGHT TO REPAIR ACT”
First-in-the-Nation ‘Right To Repair Act’ Would Give Owners New Rights When Seeking Car Repairs
(TRENTON) – Landmark legislation Assemblyman Reed Gusciora, Assembly Majority Leader Bonnie Watson Coleman and Assemblywoman Elease Evans are sponsoring to provide New Jersey drivers unprecedented choice in the automotive repair marketplace was released today by the Assembly Consumer Affairs Committee.
The “Motor Vehicle Owners’ Right to Repair Act” (A-803) would give motorists the ability to obtain all information necessary to provide for the diagnosis, service and repair of their vehicles – eliminating the need for a trip to a dealership for routine maintenance and repairs.
If enacted, New Jersey would be the first state in the country to have such a law.
“As cars have become more technologically advanced, manufacturers have been able to gain an unfair advantage by forcing owners to rely on dealerships for even the most routine maintenance,” said Gusciora (D-Mercer). “Every motorist should have access to the array of diagnostic codes locked into a vehicle’s computer and decide for themselves who they want to service their vehicle. It is time to break the monopoly dealerships and manufacturers have held on car maintenance for too long.”
Under the measure, motor vehicle manufacturers would provide to owners, repair facilities, and the state Division of Consumer Affairs, access to the information and computer codes necessary to service a motor vehicle.
Exemptions would be granted only in cases where disclosure of the codes would reveal proprietary information.
The majority of motor vehicles produced since 1994 – and even some earlier makes and models – are equipped with computer components that log the operating and repair information on vital systems such as air bags, brakes, steering and suspension, transmission, fuel injection, battery and electrical and oil pressure, among others.
When a car is in need of repair, often the only way for a motorist to access the computer system and corresponding repair codes is by returning to a dealership, incurring additional expenses for work that could be done at a local garage or by the owner.
“This effort is about promoting fairness and equality in the marketplace for both automotive service providers and consumers,” said Watson Coleman (D-Mercer), “Enhancing competition in the auto repair industry will drive down prices and give car owners greater options in choosing who they want to work on their vehicles.”
The legislation is supported by the Coalition for Auto Repair Equity, Alliance of Automotive Service Providers of New Jersey, the New Jersey Gasoline C-Store Automotive Association, National Federation of Independent Business – NJ, the New Jersey Retail Merchants Association, AAA New Jersey, NJ Citizen Action and RetireSafe.
“Drivers are increasingly being railroaded into the inconvenience and higher repair bills that can come from relying solely on a dealership to service a car,” said Evans (D-Passaic). “Consumers have a right to be able to make educated choices about auto repairs.”
Dealers or manufacturers found in violation of the act could be punished by fines of up to $10,000 for a first offense, and up to $20,000 in fines for subsequent offenses.
The measure was released 3-2, with no abstentions. It now goes to the Assembly Speaker who decides if and when to put it for a floor vote.
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