"Sorry, Mrs. Nixbaumm," the service manager tells you, shaking his head sadly. "We’d love to sell you tires. But the manufacturer of your van won’t let anybody else have the computer codes. We can’t reset the tire monitoring system.
"You’ll have to take it to the dealer. Nobody else can do it."
You go to a dealer, and discover he won’t give you Airmiles for the purchase. Or worse, that you will have to pay $300 more for tires than the retailer quoted.
Or maybe the dealer doesn’t carry the tire brand you want. Or the closest one is 160 kilometres away. Your choice in servicing your vehicle is now severely limited – or you can sell the car.
What we’re talking about here is the right to choose who maintains the vehicles you own. You used to have that right, unquestioned.
But with the increasing electrification of the automobile – some Lexus models have more than 120 computer chips in them – withholding basic automotive computer codes has become an easy way for some carmakers to boost income for their dealers.
Most car owners have a decent relationship with their dealerships and aren’t looking for an alternative. But a growing minority of aftermarket customers – an estimated 28% in the U.S. – say they are only going back because they don’t have a choice.
"What the car companies are saying is: ‘We get to determine who fixes your car,’" says Scott Smith, director of government relations for the Automotive Industries Association of Canada.
Nearly three years ago the AIA, which represents independent garages, technicians, parts makers and others, set out to fight the increasing restrictions on automobile repair. Car owners, the AIA feels, shouldn’t have to fight for the right to reset an engine warning light. Not after they’ve already paid for the car.
In Canada, 80% of the cars sold these days come from five manufacturers: General Motors, Chrysler, Ford, Honda and Toyota. Of the Big Five, "only GM" feels its customers should have total repair freedom, Smith says. "But among the smaller ones, Nissan and Volvo are pretty good, too."
The AIA found a willing ally in Windsor West MP Brian Masse, who agreed to sponsor a private members’ bill enshrining that freedom in law. His Bill C-273, The Right To Repair Act, passed a major hurdle in Parliament on Monday.
In Canada, the likelihood of an opposition member of Parliament getting a law passed is as likely as, oh, seeing a Windsor sidestreet plowed on the first day of a snowstorm.
"But I think we’re going to be fine Wednesday," Masse told me after a brief debate on his bill. The Tories say they agree with the spirit of Masse’s bill and intend to support it, with amendments, if it goes to committee study after a vote at 5:45 p.m. Wednesday.
Speaking for the Conservative government, MP Dona Cadman said: "This government takes private member’s business seriously. In the case of Bill C-273, the spirit of the bill is in the right place, and for this reason the government wishes to support it."
Essentially, Masse seeks to force automakers to divulge, for a fee if necessary, basic repair codes. The automakers would retain all intellectual property rights to their vehicles and designs.
As the Bill C-273 states: "Nothing in this section is deemed to require the disclosure of trade secrets." The bill mirrors a similar law in the U.S., where independent garages feared being squeezed out of the industry altogether.
In Canada, the carmakers were given until Monday to come with an alternative to Bill C-273.
They didn’t, although they have offered to introduce a voluntary system of self-policing.
The history of passage of private member’s bills into law in Canada is not encouraging. Most years, under majority government, an average of about seven private bills pass, with hundreds falling by the wayside. Under a minority government, which is the current state of affairs, passage of independent bills is almost unheard of.
Masse’s bill has already experienced one incredibly lucky break in January, when it was chosen eighth for debate out of 307 private members’ bills and statements.
Cross your fingers for one more break on Wednesday. It would be terrible for consumers if our independent garages and parts makers follow North American automakers into financial darkness. (Tire Review/Akron)
