Federal and state lawmakers “should move full steam ahead with their right-to-repair bills” this year, said consumer group PIRG, which took a skeptical view of a memorandum of understanding (MOU) between Deere and Co. and the largest U.S. farm group on equipment repair. In the agreement, the American Farm Bureau Federation says it will urge state affiliates to stay on the sidelines of the right-to-repair debate.
Legislators “should continue pushing right-to-repair legislation until every farmer in every state with every brand of equipment can fix every problem with every tractor,” said Kevin O’Reilly, director of PIRG’s right-to-repair campaign.
Equipment manufacturers have made limited commitments in the past to expand farmers’ abilities to fix tractors, combines and other equipment, notably in 2018, said PIRG. An investigation by PIRG and VICE “found that such tools were not available on the timeline prescribed by tractor-makers.”
In a statement, PIRG said the Deere-AFBF agreement “could be a significant step forward” if Deere, the largest farm equipment manufacturer in the world, “truly provides farmers and independent mechanics with the same repair materials that its dealers have. But the MOU contains limited enforcement mechanisms and the best aspects of this agreement could get lost in the legalese.”
Farm Bureau lobbyist Sam Kieffer said the goal of the agreement with Deere, “as sought by our membership, was to find a solution in the private sector,” considering the difficulty of enacting right-to-repair laws. The agreement “is a starting point to bring other manufacturers on board,” he said. A new right-to-repair law in New York state does not apply to agriculture.
Gov. Kathy Hochul signed the nation’s first state-level right-to-repair law on Dec. 29, covering digital electronic equipment and applying to goods manufactured after July 1, when the law takes effect. Cars, home appliances, medical devices and off-road equipment are exempted from the requirement for manufacturers to provide owners and independent repair shops with manuals, parts and diagnostics, reported TechCrunch.
President Biden has urged federal agencies to pursue consumers’ right-to-repair, including farm equipment, and the Federal Trade Commission voted last year to “ramp up law enforcement against repair restrictions.”
In the agreement, the AFBF said it would “encourage state Farm Bureau organizations to recognize the
commitments made in this MOU and refrain from introducing, promoting, or supporting federal
or state “Right to Repair” legislation that imposes obligations beyond the commitments in this
MOU.” Deere has the right to withdraw from the agreement if a federal or state law is enacted that deals with right-to-repair or touches on the issues in the MOU.
For its part, Deere said the agreement assures “the timely availability, on fair and reasonable terms, of tools, specialty tools, software and documentation” for repairs while protecting safety controls and protocols from modification.
To read the Deere-AFBF agreement, click here.