RIGHT TO REPAIR dealer advocacy & governmental affairs


UPDATE: By WILL ROGERS


Director of Government Affairs [willr@ineda.com]


Over the past several weeks, I have spent dozens of hours touring the state, performing outreach and education to federal and state lawmakers, equipment dealers, agricultural journalists and farmers about our concerns regarding the Right to Repair issue. One of the biggest challenges we face as an industry


is the amount of misinformation Right to Repair advocates have disseminated regarding the ability of farmers and independent repair shops to fix and service equipment.


In just the past six months, coverage on this issue has appeared in such media as NBC news, Bloomberg, Lincoln Journal Star, The Des Moines Register, Modern Farmer and dozens of other publications, all claiming that farmers don’t have the right to repair their own equipment. This propaganda is perpetuated by the Right to Repair advocates and is not only misleading, it is com- pletely false. As it stands right now, farmers have the “right” to work on the majority of the systems that operate their farm equipment and can choose to have their equipment serviced by a third party repair facility.


During our conversations with lawmakers and jour- nalists we have shared information from manufac- turers that clearly illustrates the ability of farmers to repair their own equipment. In addition, we discussed dealer concerns regarding the federal laws governing Tier 4 Engine Systems and product liability as it pertains to the modification of safety and performance.


“ 22 | The Retailer Magazine | Sept/Oct


One of most essential arguments I have stressed is what might happen if farmers and third par- ty repair facilities gain the ability to access the equipment operating systems and make changes to the software. These operating systems are pro- prietary and are subject to Federal copyright laws. Not only do manufacturers have a tremendous amount of money invested in these systems, deal- ers can be held liable if they do not comply with EPA regulations regarding Tier 4 engine emission standards. Essentially, a dealer (through no fault of their own) could be fined by the EPA if a farmer or third party repair facility disables the Tier 4 Engine exhaust system and doesn’t return the equipment to its original and compliant settings.


ONE OF THE BIGGEST CHALLENGES WE FACE AS AN INDUSTRY IS THE


AMOUNT OF MISINFORMATION RIGHT TO REPAIR ADVOCATES HAVE


DISSEMINATED REGARDING THE ABILITY OF FARMERS AND


INDEPENDENT REPAIR SHOPS TO FIX AND SERVICE EQUIPMENT.


WILL ROGERS


In less than 10 years, most large farm tractors and combines will be produced with telematics and auto steering systems. In less than a genera- tion, most self-propelled farm equipment will be autonomous. From a product liability standpoint, not only will dealers need to be able to service this equipment, they will also be exposed to areas of liability never imagined before. Knowing who


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