Apr. 1, 2010: The Right to Repair act

>> YOU HAVE PROBABLY HEART
THE NUMEROUS RADIO ADS OVER
THE RIGHT TO REPAIR BILL.
IT WOULD REQUIRE CARMAKERS
TO SHARE REPAIR INFORMATION
WITH INDEPENDENT CAR SHOPS.
BUT CAR DEALERS ARE NOT ON
BOARD.
JARED BOWEN HAS MORE.
>> Reporter: WITH OVER 40
YEARS EXPERIENCE WORK ON
CARS, CHRIS OXNAR IS PRETTY
SKILLED AT PINPOINTING
MECHANICAL PROBLEMS.
>> WE HAVE A-- WILL WHICH
WILL INTERFACE WITH A
COMPUTER.
THERE WILL BE A CODE THAT
WILL DIRECT TO US WHERE THE
PROBLEM HAPPENS TO BE.
>> Reporter: BUT EVERY NOW
AND THEN THERE IS A ROAD
BLOCK.
>> A CODE NUMBER THAT WE
CAN'T FIND A DESCRIPTION
FOR.
IT LEAVES US IN THE MIDDLE
OF A FOREST WITHOUT A
COMBAT.
>> Reporter: AND WITHOUT
BUSINESS.
>> THE CUSTOMER IS NOT HAPPY
BECAUSE HE DIDN'T GET IT
FIXED.
HE HAS TO TAKE IT ELSEWHERE.
TYPICALLY A DEALER.
>> Reporter: IT'S A PROBLEM
OXNAR THINKS BEACON HILL CAN
FIX.
A BILL CALLED THE RIGHT TO
REPAIR ACT NOW AWAITING
SENATE APPROVAL WOULD
REQUIRE CAR MANUFACTURERS TO
GIVE INDEPENDENT REPAIR
SHOPS ACCESS TO THE SAME
DIAGNOSTIC CODES CAR DEALERS
HAVE.
>> IT'S LIKE GOING TO
COCA-COLA AND SAYING HEY,
GIVE US THE FORMULA.
>> CAR MAGAZINENATURE SAYS
INDEPENDENT REPAIR SHOTS CAN
WILLING GET ACCESS TO THE
DIAGNOSTIC CODES THEY NEED
IF THEY ARE WILLING TO PAY
FOR THEM.
>> THEY HAVE THE ABILITY TO
MAKE THE INVESTMENT TO BE
ABLE TO REPAIR THE CARING.
AND THAT'S WHAT THEY SHOULD
DO.
MAKE THE INVESTMENT.
THE GOVERNMENT SHOULDN'T
LEGISLATE THAT THE
MANUFACTURER HAS TO GIVE IT
TO THEM.
>> Reporter: HE ALSO WORRIED
THE BILL COULD BACKFIRE
LEAVING CONSUMERS WITH
SUBPAR REPAIRS.
>> PEOPLE WILL BRING IT O TO
INDEPENDENTS THAT AREN'T
FACTORY TRAINED, THAT CAN'T
GIVE THE SERVICE THE WAY THE
DEALER CAN GIVE THE SERVICE.
>> Reporter: BUT OXNAR
DISAGREES AND SAYS HE IS
UNWILLING TO PAYS THOUSANDS
OF DOLLARS IT WILL COST FOR
INFORMATION THAT SHOULD
ALREADY BE AVAILABLE.
>> WE SHOULDN'T BE TURNING
BACK FLIPS TO GET THIS BASIC
INFORMATION FROM A CAR.
>> Rooney: JOINING ME IS
BARRY STEINBERG OF DIRECT
TIRE WHO SUPPORTS THE RIGHT
TO REPAIR BILL AND BOB
O'KONIEWSKI OF THE
MASSACHUSETTS STATE AUTO
DEALERS ASSOCIATION WHO
OPPOSES IT.
WELCOME TO BOTH OF YOU.
>> THANK YOU.
>> Rooney: THIS A GREAT
ISSUE AN I HAVE TO SAY I
CAN'T FIGURE OUT WHERE I
COME DOWN ON THIS.
BECAUSE AS ERNIE BOX SAYS
THERE IS AN INTELLECTUAL
PROPERTY ISSUE HERE, BARRY,
WHERE THE CAR MANUFACTURERS,
SHARE THEIR INFORMATION WITH
THEIR OWN DEALERS SO THEY
HAVE ALL THE SECRETS.
WHY SHOULD THEY GIVE THEM
ALL TO YOU.
>> WELL, THE BILL IS NOT
REALLY ABOUT INTELLECTUAL
PROPERTIES, IT'S ABOUT OUR
ABILITY AS INDEPENDENT
REPAIR FACILITIES TO GET THE
SAME INFORMATION AS THE
MECHANICS ON THE FLOOR AT
THE CAR DEALERS HAVE.
ALL WE WANT IS THE ABILITY
TO BUY THE EQUIPMENT, GET
THE CODE ITS, GET THE
TRAINING AND WE DON'T REALLY
HAVE THAT.
YOU KNOW, WE HAVE ABOUT 90%.
>> 90%.
>> THERE IS CERTAIN
EQUIPMENT I JUST CANNOT BUY.
I'LL NOT ALLOWED TO BUY
BECAUSE I'M NOT A FRANCHISE
DEALER.
THIS RAINING WE CAN'T GET,
BECAUSE THE MANUFACTURER
DOESN'T ALLOW US QUOTE IN
THAT CLASSROOM.
>> Rooney: AND THEY ARE
SAYING WHY SHOULD WECH.
THAT WE HAVE A LOCK ON THAT
MARKET THIS IS OUR STUFF,
WHY SHOULD WE SHARE IT WITH
YOU.
>> BECAUSE IT IS ANTI-TRUST
IT REALLY A CONSUMER ISSUE.
THE CONSUMER HAS THE RIGHT
TO GO WHEREVER HE OR SHE
WANTS TO HAVE A CAR
PARTICULAR OR COPY MACHINE
FIGURED OR TELEPHONE FIXED
AND THEY ARE PREVENTING THAT
FROM HAPPENING BUT NOT A YOU
LAG PRETRADE.
>> Rooney: BARRY MAKES THAT
ARGUMENT.
THE ISSUE HERE IS IF PEOPLE
LIKE BARRY DOT REPAIR, OR
ANY INDEPENDENT T A LOT
CHEAPER FOR THE CONSUMER.
YEAH, FOR HEAVEN'S SHAKES
PASS THIS BILL BECAUSE I
WANT TO MAKE THE SAVINGS.
WHEN I GO TO MY CAR DEALER
NO MAT WE ARE WHAT MY
PROBLEM SI ENUP SPENDING
$1500 EVEN IF IT IS ONLY 150
WORTH OF STUFF.
ABOUT TIME YOU GET DONE WITH
THE LABOR AND BY THE WAY YOU
NEED THIS AND THAT T IS LIKE
YOU ARE AT A LOSS.
>> FRANKLY THIS IS A MAID UP
ISSUE BECAUSE WHEN YOU LOOK
AT OUR FRANCHISE DEALERS,
OUR FRANCHISE DEALERS ALSO
SERVE AS INDEPENDENT REPAIRS,
IF YOU WILL, BY WORKING ON
VEHICLES OUTSIDE THE LINE
MAKE SLOURX HAVE FORD
DEALERS WHO WILL WANT TO
WORK ON CHEVYS, HONDAS,
TOYOTA, ET CETERA.
THEY HAVE TO MAKE THE
INVESTMENT IN THE EQUIPMENT,
THE TOOLS, THE SOFTWARE, THE
TRAINING OF THEIR
TECHNICIANS TO FIX THOSE
VEHICLES OUTSIDE THE
LINEMEN.
WHEN YOU LOOK AT INDEPENDENT
REPAIRS NOW, THEY ARE DOING
75% OF THE OUT OF WARRANTY
WORK CURRENTLY.
>> RIGHT.
>> SO THERE IS NO LOCK THAT
DEALERS HAVE ON REPAIR WORK.
IN FACT, THE INDEPENDENT
REPAIRS ARE DOING THE BULK
OF THE REPAIR WORK OUTSIDE
OF WARRANTY.
>> AFTER CARS REACH FIVE OR
SIX YEARS OLD, WHATEVER IT
IS.
>> WHATEVER THE WARRANTY MAY
BE ON THE NEW VEHICLE.
AND THEN WHEN YOU LOOK AT
THE FACT THAT THE
MANUFACTURERS ALREADY MAKE
AVAILABLE ALL THIS MATERIAL,
THE TOOLS, THE EQUIPMENT,
THE SOFTWARE.
IT'S ALREADY AVAILABLE.
TO THE INDEPENDENT REPAIR
WHO WANTS TO MAKE THE
PURCHASE.
WHO WANTS TO PUT THE-- .
>> Rooney: BUT BARRY SAID
YOU COULDN'T BUY EVERYTHING.
HE SAID YOU CAN'T BUY
EVERYTHING THAT YOU WANT.
>> NO, I CAN'T.
I WOULD DISPUTE THAT.
BECAUSE AS INDEPENDENT
REPAIRERS OURSELVES, WE
BELONG TO A NUMBER OF
INDEPENDENT REPAIRERS.
OUR MEMBERS BELONG TO A
NUMBER OF INDEPENDENT REPAIR
GROUPS WHO BY THE WAY ARE
NOT SUPPORTIVE OF THIS
LEGISLATION.
>> Rooney: DID THEY MAKE IT
TOO EXPENSIVE.
>> IT ISN'T THE PRICE IT IS
REALLY THE AVAILABILITY.
AND YOU KNOW, THIS BILL IS
REALLY AND GI BACK TO IT AS
A CONSUMER ISSUE.
IF IT WASN'T SUCH A BIG DEAL,
WHY WOULD THE OPPOSITION
HAVE 21 LOBBYISTS ON THE
HILL.
I MEAN WHAT ARE THEY SAYING,
IF THERE ISN'T AN ISSUE,
THEY ARE FIGHTING AN ISSUE,
IT IS AN IMPORTANT ISSUE.
YOU KNOW, WE CAN TO THE GO
AND GET THE SATELLITE FEED
THAT THE MANUFACTURERS GIVE
TO THE DEALERSHIPS AT NIGHT.
WE CAN'T BUY SOME OF THE
COMPUTER EQUIPMENT THAT
MANYLY THE FOREIGN CAR
MANUFACTURERS HAVE, WE
CANNOT BUY IT.
WE CAN'T BUY IT BECAUSE WE
DON'T HAVE A FRANCHISE
LICENCE.
WE'VE BEEN TOLD THIS.
>> I DON'T KNOW THESE 21
LOBBYISTS THAT HE IS TALKING
ABOUT IT IS JUST ME WHO
REPRESENTS THE EXECUTIVE
VICE PRESIDENT, THE
ASSOCIATION.
WE HAVE AN OUTSIDE LOBBYIST
AND 422 NEW CAR DEALERS
ACROSS THE COMMONWEALTH
EMPLOYING IN EXCESS OF
20,000 MEN AND WOMEN.
THIS HE ARE THE ONES
SPEAKING OUT AGAINST THIS.
THERE ARE ALSO INDEPENDENT
REPAIR GROUPS OUT THERE.
>> THERE IS A BIG
INDEPENDENT.
>> WHO ARE SPEAKING OUT
AGAINST IT.
>> WHO USED TO BE FOR IT AND
NOW ARE AGAINST IT.
WHY DO YOU SAY THAT.
>> I DON'T REALLY HAVE A
COMMENT.
>> YOU HAVE TO HAVE A
COMMENT BECAUSE THEY
ORIGINALLY WERE FOR IT.
ARE YOU TRYING TO SAY THEY
HAVE BEEN BOUGHT OFF.
>> I DON'T KNOW HOW MANY
MEMBERS THERE R THE CAR
DEALERS AREN'T THE DEALER T
IS THE MANUFACTURERS.
THE INDEPENDENT REPAIR -- --
REPAIR SHOPS WHO HAVE GONE
THE OTHER WAY, MOST OF THEM
ARE CONVENIENCE STORES.
VERY FEW OUT OF THE TOTAL
NUMBER DO HEAVY REPAIRS LIKE
WE DO.
SO I JUST DON'T THINK THEY
ARE EVEN IN THAT ARENA OF
FINDING THE DIAGNOSTIC
PROBLEMS THAT WE ARE HAVING.
>> Rooney: THAT IS THE THING,
BOB, SOME OF THE OPPOSITION
SAYS WELL THEY WILL BE
TRAINING PEOPLE OR HAVING
PEOPLE DO REPAIR WORK WHO
AREN'T PROPERLY TRAINED AND
IT WILL REFLECT BADLY ON
MANUFACTURERS AND DEALERS.
BUT MOST OF THEM ARE, THEY
ARE NOT ALL AS EXPERIENCED
WAS OR'S'S SHOP MAY BE BUT
SO WHAT IF THAT IS WHAT
SOMEBODY WANTS TO TAKE THEIR
CAR TO.
>> IT'S VERY IMPORTANT FOR A
CONSUMER REGARDLESS OF HOW
MANY REPAIRS ARE OUT THERE,
TO SHOP AROUND AND MAKE SURE
THEY ARE GETING A BANG FOR A
BUCK AND FROM AN EXPERIENCED
TECHNICIAN.
WHEN YOU GO TO A DEALERSHIP
YOU KNOW THAT TECHNICIAN HAS
BEEN TRAINED UNDER THE
DEALERSHIP MANUFACTURER
TRAINING PROGRAM.
SO THEY ARE WELL VERLSED IN
FIXING THAT AUTOMOBILE OR
TRUCK.
WHEN YOU LOOK AT WHAT THEY
HAD TO GO THROUGH IN TERMS
OF THEIR FRANCHISE AGREEMENT
TO FIX THE FRANCHISE
VEHICLES AND THE TRAINING
THEY PUT THEIR TECHNICIANS
THROUGH TO FIX THE CARS
OUTSIDE THE LINE, IT IS AN
ENORMOUS EXPENDITURE FOR
MONEY FOR THOSE DEALERS AND
ENORMOUS EXPENDITURE ON
EQUIPMENT, TOOLS, SOFTWARE
THAT THEY HAVE TO KEEP UP
WITH THE BUSINESS.
>> Rooney: .
>> THAT'S A GREAT POINT THAT
WE HAVE TRIED TO GET YOU
KNOW MERCEDES TRAINING, AUDI
TRAINING, PORSCHE TRAINING,
SAAB, GM AND FORD AREN'T
REALLY A BIG PROBLEM, TOYOTA
ISN'T A BIG PROBLEM.
WE CAN'T GET THE TRAINING
THAT THEY GET.
THEY DON'T ALLOW US IN THE
CLASSROOM.
I AM WILLING TO PAY, I WILL
BUY THE EQUIPMENT, SEND MY
TECHNICIANS, CERT TIME THEM.
WE'RE NOT WELCOME.
>> Rooney: THIS SEEMS LIKE
SOMETHING THIS SHOULD NOT BE
LEGISLATED BUT I DON'T HAVE
A DOG IN THE FIGHT ONE WAY
OR ANOTHER.
>> WHEN YOU LOOK AT THE BILL
IT ISN'T GOING TO CHANGE
ANYTHING IT IS ALREADY OUT
THERE.
THE MATERIAL IS OUT THERE
THE EQUIPMENT.
YOU CAN BUY IT, MANY
PROPONENTS OF THIS LEGISLATE
IT IS JUST A MATTER OF
MAKING THE EXPENDITURE.
>> YOU CAN'T BUY IT ALL.
YOU CAN BUY 95% OF ALL.
YOU CAN'T GET THERE 100%.
>> Rooney: BARRY STEINBERG,
BOB O'KONIEWSKI, THANK YOU
VERY MUCH.
WHEN WE CONTINUE, HOW A NEW
LAW REINING IN DRUGMAKERS IS
HURTING RESTAURANTS.