Screens that can display information about engine RPMs,
speed, GPS tracking information, even radio volume and climate control
information. Big screens, little screens, flat screens, touch screens;
technology has made the days of strict reliance on analog gauges a thing of the
past.
But those screens and the computing power behind them are
also at the heart of a debate between equipment companies and the owners of the
machinery when it comes time to conduct repair and maintenance. Today’s
tractors have more technology at play than the more mechanical machines of
yore, which brings about a whole other separate set of issues when it’s time to
turn a wrench.
So far, the so-called “right to repair” issue is being
driven primarily by automobiles and consumer electronics, but agricultural
interests are starting to take notice. It has been considered in a few state
legislatures, but only one state (Massachusetts) has something on the books.
The crux of the issue is a concern that manufacturers (car,
electronic, equipment, or otherwise) are making it next to impossible to do
routine maintenance without running afoul of warranty language and even some
copyright laws. That concern, Nick Tindall with the Association of Equipment
Manufacturers tells Agri-Pulse, is
unfounded.
“There’s been a lot of, frankly, what I would call fear-mongering
where the proponents of these ‘right to repair’ pieces of legislation are
giving farmers the impression that they’re not allowed to work on their
equipment,” Tindall said. “We’ve had people even say that they don’t think
they’re allowed to change their oil or change a tire, which is just utterly
ridiculous.”
It’s important to consider two federal laws as they relate
to the issue: the Digital
Millennium Copyright Act of 1998 and the Magnuson-Moss
Warranty Act, which was passed in 1975. The DMCA governs the software that
might be included in farm equipment, and the MMWA deals with hardware protected
by manufacturer warranties. The problem that the right-to-repair conversation
demonstrates is confusion as to where the hardware stops and software begins.
“Where we get into trouble is when manufacturers start
trying to combine the two things in one document, because they’re not the same
thing,” Gay Gordon-Byrne, executive director of the Repair Association, told Agri-Pulse. “You own hardware, you
license software, and there’s no way to make those two things the same, because
they’re not.”
Gordon-Byrne says that the differentiation between software
and hardware is “totally up to the manufacturer . . . It’s not defined in law,
and it’s messy.”
Therein lies the concern that an equipment owner could void
his or her warranty or get in trouble with the law simply by unknowingly making
an unauthorized repair. In many cases, the fact that the machine is under
warranty is a good thing; the owner can just take it in and have the problem
remedied for essentially nothing. However, what happens when a certified
technician can’t get to the repair in a satisfactory timeline in an industry
where time is so crucial? Or what if the repair isn’t covered by a warranty and
action taken by the owner to fix it violates the warranty that could cover
other problems?
Aside from warranty issues, the mere knowledge of what’s
wrong is also up in the air as diagnostic software can sometimes only be
available through an authorized retailer. While a 2014 memorandum of
understanding set in motion a pledge that automotive companies make available
their diagnostic codes and repair data by 2018, there has been no similar MOU
for agricultural equipment. Even if there were, MOUs are voluntary pledges, not
enforceable by law.
While nothing on the books says equipment retailers have to
provide the diagnostic technology, the aforementioned screens will often
display error messages that can be, in many cases, cross referenced with an
owner’s manual or repair technician by phone. Tindall said that withholding
diagnostic information and forcing customers to use company repair shops rather
than doing the work themselves or perhaps using an independent repair shop goes
against the very principles of the free market.
“We definitely have a role, responsibility, and a market
incentive to (make repair information available,)” he said. “If one
manufacturer doesn’t do it, another one is going to do it.”
“The vast majority of information that a farmer needs to do
that work is available,” Tindall added.
This is also where things can get a little sticky for farm
organizations weighing where to stand on the issue: On one hand, their members
could be frustrated with the hoops they have to jump through to get work done
on their new equipment; on the other hand, if actions are taken that lead to less
traffic to repair wings of rural machinery dealerships, that could lead some of
those dealers to close, which would force equipment owners into longer drives
to retrieve necessary parts and service.
While there’s not imminent federal legislation on right to
repair, Gordon-Byrne said many states might take up the issue, based on
conversations she’s had with local lawmakers. No matter if the solution becomes
one national law or a series of state statutes, Gordon-Byrne said the train of
thought around equipment repair needs to change.
“The more distributed repair is, the healthier it is for
farmers in terms of their ability to operate,” she said. “I think we have to
pull our heads out of that mentality that the dealership is the only place we
can get support.”
Major farm organizations have not yet taken an official
position on this issue, but both the American Farm Bureau Federation and National
Farmers Union have issued discussion papers on this topic and the topic is
likely to come up during their annual meetings in 2017.
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