RIGHT TO REPAIR VOLUNTARY AGREEMENT HAS SO MANY FLAWS

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!!