婷婷激情五月天

Biden Takes Aim at Tractor, Combine Repairs

Among the dozens of directives included in a sweeping executive order recently signed by President Joe聽Biden, language backing the farmers鈥 right to repair farm equipment has advocates hoping the federal聽government will accomplish what state legislatures have been unable to do.

Biden鈥檚 order directs the Federal Trade Commission to聽鈥渃onsider using its rulemaking authority鈥 聽to address聽鈥渦nfair anticompetitive restrictions on third-party repair or self-repair of items, such as the restrictions聽imposed by powerful manufacturers that prevent farmers from repairing their own equipment.鈥

Groups on both sides concede that leaves a lot to be worked out.

Brad Griffin, the executive director of the Montana 婷婷激情五月天 Dealers Association, is likely correct when he says it will聽be months鈥攅ven years鈥攂efore any final rules from the FTC are effective. Like others representing manufacturers or their authorized dealerships, he recently dismissed right-to-repair聽proposals as 鈥渁 solution in search of a problem,鈥 saying manufacturers already provide the聽tools needed for do-it-yourself repairs.

鈥淲hat farmers and ranchers want, we have,鈥 Griffin said. 鈥淭here鈥檚 been a huge聽disconnect, and that is our dealers need to be educated about our tools and software. So do the end聽users.鈥

According to Ron Harmon, a long-time farm machinery mechanic and manufacturer, it鈥檚 not that simple. Harmon owns an independent agricultural and construction equipment dealership. In the past decade, as聽independent mechanics and farmers have increasingly pushed聽the issue, he said the industry has repeatedly fallen short of its promises to provide access to the tools聽needed to repair farm machines and get them running again.

鈥淟et me tell you what that really meant鈥攊t did absolutely nothing. Zero,鈥 Harmon said. 鈥淎ll they would聽allow that diagnostic kit to do is tell you what鈥檚 wrong.鈥

He鈥檚 referring to the diagnostic tools that the companies sell, which work similarly to the code readers that聽diagnose a problem when the 鈥渃heck engine鈥 light comes on in your car. But with the technological聽complexity of modern ag equipment,聽he said there are additional tools needed to communicate with the聽tractor鈥檚 computer in order to actually perform the repair.聽Harmon insists that even the simplest fixes, like聽swapping out a sensor or replacing a gauge, ultimately聽require specialized software that interacts with the聽tractor鈥檚 computer and tells it that the problem has been fixed. Until that happens, the machine won鈥檛聽start.

While some right-to-repair advocates dismiss the likelihood of real change聽coming from the federal government, others see Biden鈥檚 executive order as a victory.

鈥淚f they鈥檙e being told by the FTC that they have to provide access to the farmer and rancher to the right to聽repair their own equipment, they can鈥檛 get around that,鈥 Walter Schweitzer, president of the Montana聽Farmers Union, said.

Deere and other manufacturers have pushed back against farmers鈥 attempts to gain access to embedded software that the companies say affects engine performance聽and controls pollution-reduction systems required by government emissions standards. Modifying that software to make engines run faster, or circumvent聽emissions controls for better fuel economy, could wear down components and risk breakdowns as tractors and harvesters age.

鈥淭hat really creates problems when a dealer takes in equipment on a trade-in,鈥 said Kim Rominger, president of the 婷婷激情五月天 Dealers Association.

The FTC, unlike other federal agencies, is independent; the president鈥檚 authority over it is limited. But in May, the FTC released a report that indicated it may be inclined to take action on right to repair.

Based on past opposition and success by the major tractor manufacturers and dealer associations in blocking legislation at the state level, legal challenges are likely even if the FTC were to write strong right-to-repair rules.

If nothing else, the president鈥檚 recent actions have turned the hot light of public opinion on the issue, which makes it likely actions at the state level will continue. To date, 30 state legislatures have addressed right-to-repair legislation. Not one state has passed substantive聽legislation.