Right to Repair
Background Since about 2016 OPEI has been engaged in advocacy opposing state legislation and likeminded policymaking to adopt requirements promoted by the proclaimed consumer-interest “Right to Repair” movement. These policies are aimed at requiring OEMs to provide increased access to tools and information professed to be necessary for product repair, specifically for their electronics and on-board software. OPEI opposition and educational advocacy has focused on 1) risks to safety control performance and integrity, 2) risks to emission/environmental control performance and integrity, and 3) the OPE industry’s strong record of customer service, including product repair, making such policies unnecessary. OPEI also continues to work in concert with the Coalition Opposed to Illegal Tampering (“Coalition”) which brings together some thirty organizations representing likeminded equipment industries and their dealers. OPEI’s public educational site and general advocacy tools on this issue are posted at www.opei.org/right-repair-solutions/. Notably, to-date Colorado has enacted a law focused on agricultural equipment, and California, New York, Minnesota, and Oregon have enacted laws which exclude industry products by including the following Coalition drafted amendment as an exclusionary clause: Manufacturers, distributors, importers or dealers of all off-road (non-road) equipment, including without limitation, farm and utility tractors, farm implements, farm machinery, forestry equipment, industrial equipment, utility equipment, construction equipment, compact construction equipment, road-building equipment, mining equipment, turf, yard and garden equipment, outdoor power equipment, portable generators, marine, all- terrain sports and recreational vehicles (including racing vehicles), stand-alone or integrated stationary or mobile internal combustion engines, other power sources, (including without limitation, generator sets, electric/battery and fuel cell power), power tools, and any tools, technology, attachments, accessories, components and repair parts for any of the foregoing. Where appropriate, the proposal to include this amendment in state bills has become a key advocacy strategy, based on precedent. The basis for all advocacy to exclude outdoor power equipment from such laws, or oppose them generally, is the heightened risks they create of improper and undue modification of product safety and emission controls. The industry also highlights its record of meeting customer repair needs, including the industry commitment and principles effective as of 2023, found at www.opei.org/right-repair-solutions/. Coalition Focused Whenever practical OPEI advocacy is channeled through the efforts of the Coalition, organized by the equipment dealer industry (NAEDA), and supported by various equipment manufacturing sectors including agriculture & heavy construction (AEM), marine (NMMA), power tools (PTI), and others. 2025 State Legislation As discussed with the board in March, consistent with recent years no fewer than 25 states have, or now had, bills filed in their current sessions which include broad scope legislation, and
Made with FlippingBook Digital Proposal Creator