Follow the link to the actual voluntary agreement and please read the detail.
I am not a lawyer by any means but as a laymen reads this...........This is not right.
Our sector must move forward on an EQUAL playing field.
Consider the following FEW..... FACTS:
Section I Definitions
Definition "Data Stream Information" - "does not include engine calibration related information"......excuse me.....This is what right to repair was all about!! In the USA "Title 40 Clean Air Act" covers access to calibration.
Definition "Motor Vehicle" - "designed for transporting persons or property on public roads" ..........continuing on "is sold only to commercial fleets" ......continuing on "or offered solely and exclusively for lease"........then it is not deemed as a motor vehicle for purposes of CASIS.........this is critical in definition as many shops deal in fleets........
"Service Information" ..........an whole escape section!!! (in my opinion)
"Service Information Source"......"as determined by the OEM in its sole discretion" provides an absolute out.
Section II CASIS
B (1) - "provided that Service Information, Tool information or OEM Tools need not be in the same medium as for Authorized dealers, nor the OEM itself, provided it is by reasonably equivalent means". Talk to your USA counterparts and discuss HOW the various OEM websites have been configured and what TIME it takes to find any information. All websites must have the same configuration and navigation capabilities OR you will be on a website for a "long time" just to navigate as to where the information is.
B (3) and where is CASIS information request time defined?
C (2) and how long will this take? With no target date what is the intensity to get it done?
Section III
1(c) HUGE........notice the words "is not entitled to claim or represent themselves as “Factory trained or as knowledgeable or as capable as Authorized dealers or Authorized dealers staff or make any similar claims that depict or suggest that the Service Provider has been officially qualified, certified or recognized by the OEM to perform the repair or service of the OEM motor vehicles except with the express written of the OEM"...........excuse me........are we opening ourselves to being "inferior" in the knowledge department which will lead to disclaiming and removing "we are licensed to work on" Truly...who thought of and..... OK'd this?
1(d) another HUGE......"Service information, training information, indirect information, Tool information and/or OEM Tools are provided without any warranty or guarantee"..........now think about that........what are we prepared to pay for........could this be a possible out to "misinform" the aftermarket so "They" will be perceived as the only alternative. I respectfully submit that today ALL aftermarket companies give a money back guarantee on "information" it supplies to its customer/client/data base.........what is wrong with this picture?
Section IV "C"
2....... 5 or 10 business days is a credibility "killer" with the consumer.....I'm sorry but this is a joke in today's "Information" world......this does not cut it!!
7......totally unacceptable......think of a shop dealing one on one with a client....
Section "D"
1 (b) "Solely determined by each individual OEM".......the consequences are huge for dissatisfaction in front of the independent client explaining "WHY" something can not be done.
Section III "D"
2 (g) read it for yourself.........really?? How do you explain to the client "we are incapable of providing you an answer to your problem?"
These are but a few of the immediate issues before us........they are NOT all inclusive.
It is time for our sector o get behind a NATIONAL issue represented by a NATIONAL BODY representing EVERY level of the Aftermarket. Don't stand on the sidelines.............get involved!!
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5 comments:
This is unbelievable. You have an organization like AARO as major member of NATA supporting this "voluntary agreement" and claiming to fight for the independent repair sector, and now giving the car manufacturers all kinds of wiggle room NOT to disclose any repair information/tool availability without any sort of consequenses. Now the government looks like they helped the independent sector and now is claiming that bill C-273 is no longer needed. This is a scary situation. The independent sector will be in dire straights if this "voluntary agreement" is not ammended. The only option now is for us independent repair facility owners and technicians to make as much noise as possible to the MP's in government. Get the "right to Repair" bill back on track or face dire hardship.
Rob Brouwer
Precision Automotive
Orleans. Ontario
Very well summed up Bob!
In a perfect world where handshakes and verbal agreements mean something, and laws do not have to be put into place to make people abide to agreements, then such an agreement as this might have worked, or at least to some extent. I am still searching for that perfect world!!
So here in real life, I dont think an agreement such as this is anymore then a quickly written, and poorly thought out diversion. I can't see this agreement, with all the holes and backwards worded intent being worth the paper its written on. I think it was quickly agreed to for the sole purpose of one Organization being able to say "we did it first" in front of the Ogranization they compete with, and nothing more then intent to "tweak" it to make it actually work, which I will not hold my breath to wait and see.
We, the indy/ aftermarket need one body, united, on the same page, and National, all following the same guidelines and rules, to then be able to stand with one voice and fight issues to make our automotive world better. We need shops to have to qualify to be members of this body, and follow the rules same as their colleagues. Everybody on one field, level and professional.
Untill we get on the same page, get rid of the apathy and the old school shop owners who think they know how to do it without taking up to date business management training and bringing their business into today, we will never accomplish much better then this. Really, it's sad, that so many, in the same occupation and career, can be so against eachother, and not see the oppourtunity that lays waiting for them if they would just try.
Doug Lowther
I agree with you Bob.
I feel the same way.
Bob is right.
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