Short title

This Act may be cited as the

Motor Vehicle Owners Right to Repair Act of 2010

Findings and purposes

(a)

Findings

Congress makes the following findings: (1)Motor vehicle owners are entitled to choose which service provider will diagnose, service, maintain, 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 equipment, and motor vehicle systems, such as pollution control, transmission, antilock brakes, electronic and mechanical systems, heating, air-conditioning, and steering are essential to facilitating United States mobility, minimizing fuel consumption, protecting the environment, and enabling the highest possible levels of safety in modern motor vehicles. (4)Various kinds of computers have been integrated by manufacturers into motor vehicle equipment and motor vehicle systems. On-board computer technology controls virtually all of the motor vehicle’s systems, and only service technicians with the necessary tools and information can access the computers to perform diagnosis, service, maintenance, and repair of the motor vehicle. (5)Manufacturers have provided their authorized dealers and service providers with the information, tools, codes, and replacement equipment necessary to diagnose problems and to service, maintain, and repair motor vehicles that incorporate computers in their motor vehicle systems. (6)Consumers in the United States have benefitted from the availability of a wide choice of service providers for their motor vehicles. The United States economy has also benefitted from the availability of a tools and parts supply aftermarket that provides jobs to more than 5,000,000 workers in approximately 495,000 businesses, and generates approximately $200,000,000,000 in annual sales. (7)New motor vehicles are being equipped with systems that permit such vehicles to transmit repair and diagnostic information wirelessly to 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 the rights of motor vehicle owners 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 (3)to promote safety and fuel efficiency by allowing consumers to choose among competing service providers.

Definitions

In this Act: (1)

Attorney general of a State

The term attorney general of a State means the attorney general or other chief law enforcement officer of a State. (2)

Commerce

The term commerce has the meaning given that term in section 4 of the Federal Trade Commission Act (15 U.S.C. 44). (3)

Consumer, motor vehicle owner

The terms consumer and motor vehicle owner 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)

Dealer, manufacturer, motor vehicle, motor vehicle equipment

The terms dealer, manufacturer, motor vehicle, and motor vehicle equipment have the meaning given those terms in section 30102(a) of title 49, United States Code. (5)

Replacement equipment

The term replacement equipment has the meaning given that term in section 30102(b)(1) of such title. (6)

Service provider

The term service provider means any person engaged in the diagnosis, service, maintenance, or repair of motor vehicles or motor vehicle engines. (7)

Technical service bulletin

The term technical service bulletin— (A)means a communication sent to a dealer about the diagnosis, service, maintenance or repair of a motor vehicle or item of motor vehicle equipment; and (B)includes all communications sent to the Secretary of Transportation under subsections (f) and (m)(3)(A)(ii) of section 30166 of title 49, United States Code.

Requirements of motor vehicle manufacturers

(a)

Duty To disclose information

(1)

In general

The manufacturer of a motor vehicle sold, leased, or otherwise introduced into commerce in the United States shall provide to the owner of the motor vehicle and the service provider of the motor vehicle, using reasonable business means and on a non-discriminatory basis, all information to diagnose, service, maintain, or repair the motor vehicle. (2)

Elements

The information required under paragraph (1) with respect to a motor vehicle shall include the following: (A)Information about all safety alerts, recalls, service bulletins, and the adjustments needed to maintain the efficiency, safety, and convenience of the vehicle. (B)All information of any kind provided directly, indirectly, or wirelessly to new car dealers or any repair facility to diagnose, service, maintain, repair, activate, certify, or install any motor vehicle equipment (including replacement parts and equipment) in the motor vehicle. (b)

Duty To make tools available

The manufacturer of a motor vehicle sold, leased, or otherwise introduced into commerce in the United States shall— (1)offer for sale to the owner of the motor vehicle and to all service providers on a reasonable and non-discriminatory basis, any tool for the diagnosis, service, maintenance, or repair of the motor vehicle; and (2)provide all information that enables aftermarket 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 shall offer for sale to the owner of the motor vehicle and to all service providers on reasonable and non-discriminatory terms, all equipment for diagnosis, service, maintenance, or repair of the motor vehicle. (d)

Protection of trade secrets

(1)

In general

Except as provided in paragraph (2), nothing in this section may be construed to require a manufacturer to disclose publicly information that, if made public, would divulge methods or processes entitled to protection as trade secrets. (2)

Exception

No information may be withheld by a manufacturer on the ground that it is a trade secret if that information is provided (directly or indirectly) to authorized dealers or service providers.

Enforcement by Federal Trade Commission

(a)

In general

The Federal Trade Commission shall enforce the provisions of this Act in the same manner, by the same means, and with the same jurisdiction, powers, and duties as though all applicable terms and provisions of the Federal Trade Commission Act (15 U.S.C. 41 et seq.) were incorporated into and made part of this Act. (b)

Unfair or deceptive acts or practices

(1)

Violation of a duty

Any failure to comply with the provisions of section 4 shall be treated as an unfair method of competition and an unfair or deceptive act or practice within the meaning of section 5(a)(1) of the Federal Trade Commission Act (15 U.S.C. 45(a)(1)). (2)

Violation of a rule

A violation of a rule prescribed under subsection (c) shall be treated as a 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)). (c)

Rulemaking

(1)

In general

Except as provided in paragraph (2), the Federal Trade Commission may prescribe such rules as may be necessary to carry out the provisions of this Act. (2)

Limitation

The Federal Trade Commission may not prescribe rules under this subsection that— (A)interfere with the authority of the Administrator 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 emissions control diagnostics systems; or (B)conflict with rules prescribed by the Administrator of the Environmental Protection Agency.

Action by States

(a)

In general

In any case in which the attorney general of a State has reason to believe that an interest of the residents of the State has been or is threatened or adversely affected by the engagement of any person subject to a provision of section 4 or a rule prescribed under section 5(c) in a practice that violates such provision or rule, the State may, as parens patriae, bring a civil action on behalf of the residents of the State in an appropriate district court of the United States or other court of competent jurisdiction— (1)to enjoin that practice; (2)to enforce compliance with the provision or rule; (3)to obtain damages, restitution, or other compensation on behalf of residents of the State; or (4)to obtain such other relief as the court considers appropriate. (b)

Rights of Federal Trade Commission

(1)

Notice to Federal Trade Commission

(A)

In general

Except as provided in subparagraph (C), the attorney general of a State shall notify the Federal Trade Commission in writing of any civil action under subsection (a), prior to initiating such civil action. (B)

Contents

The notice required by subparagraph (A) shall include a copy of the complaint to be filed to initiate such civil action. (C)

Exception

If it is not feasible for the attorney general of a State to provide the notice required by subparagraph (A), the State shall provide notice immediately upon instituting a civil action under subsection (a). (2)

Intervention by Federal Trade Commission

(A)

In general

Upon receiving notice required by paragraph (1) with respect to a civil action, the Federal Trade Commission may— (i)intervene in such action; and (ii)upon intervening— (I)be heard on all matters arising in such civil action; (II)remove the action to the appropriate district court of the United States; and (III)file petitions for appeal of a decision in such action. (B)

Continued participation of States

If the Federal Trade Commission removes an action to the appropriate district court of the United States under subparagraph (A)(ii)(III), the State shall remain a party to the action in such court. (c)

Investigatory powers

Nothing in this section may be construed to prevent the attorney general of a State from exercising the powers conferred on such attorney general by the laws of such State to conduct investigations or to administer oaths or affirmations or to compel the attendance of witnesses or the production of documentary and other evidence. (d)

Preemptive action by Federal Trade Commission

If the Federal Trade Commission institutes a civil action or an administrative action to enforce a violation of a rule prescribed under section 5(c), no State may, during the pendency of such action, bring a civil action under subsection (a) against any defendant named in the complaint of the Commission for violation of a rule prescribed under section 5(c) that is alleged in such complaint. (e)

Actions by other State officials

(1)

In general

In addition to actions brought by an attorney general of a State under subsection (a), an action may be brought by officers of a State who are so authorized. (2)

Savings provision

Nothing contained in this section may be construed to prohibit an authorized official of a State from proceeding in a court of such State on the basis of an alleged violation of any civil or criminal statute of such State.

Action by consumers and service providers

In any case in which a consumer or service provider has reason to believe that an interest of the consumer or service provider is threatened or adversely affected by the engagement of any person subject to a provision of section 4 or a rule prescribed under section 5(c) in a practice that violates such provision or rule, the consumer or service provider may bring a civil action in an appropriate district court of the United States or other court of competent jurisdiction— (1)to enjoin the practice; (2)to enforce compliance with the provision or rule; (3)to obtain damages or restitution, including court costs and reasonable attorney and expert witness fees; or (4)to obtain such other relief as the court considers appropriate.

Technical service bulletins

The Federal Trade Commission shall cooperate with the Secretary of Transportation in preparing a technical service bulletin that the Secretary intends to publish on an Internet Web site of the Federal Government.