Commiefornia's right to repair bill for electronics

California lawmaker introduces 'right to repair' bill
You'll have easier access to official repair tools if the Right to Repair bill becomes a law.

Mariella Moon
03.07.18 in Mobile

The Right to Repair Act is heading to the biggest tech corporations' home state. Lawmaker Susan Talamantes Eggman is introducing the bill in California, which is now 18th state in the country to look into making devices easier to repair. These days, you can either bring your broken phone, tablet or computer to their manufacturers'/retailers' repair facilities and wait a long time for them to be fixed or to an unauthorized kiosk that can fix your devices more quickly but don't have (legal) access to official parts.

The Act would require tech titans to release repair guides and make official repair parts available to consumers and third-party repair professionals. It would also put diagnostic info and tools into your hands or to the hands of independents repair shops. Doing so has quite a few benefits, including the reduction of e-waste. By giving people more repair options to choose from, after all, they're all less inclined to just throw out a broken device and buy a new model when the old one can still be salvaged. Also, it encourages people to be more adventurous when it comes fixing their own devices, which could give rise to new innovators and inventors.

Kit Walsh, Senior Staff Attorney with the Electronic Frontier Foundation, said in a statement:

"The bill is critical to protect independent repair shops and a competitive market for repair, which means better service and lower prices. It also helps preserve the right of individual device owners to understand and fix their own property. We should encourage people to take things apart and learn from them. After all, that's how many of today's most successful innovators got started."

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When Right to Repair was introduced in Nebraska, Apple told lawmakers that it would turn the state into a "mecca for hackers." Suffice it to say, tech titans won't be happy now that the Act has reached their backyard.

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Jack@European_Parts said:

Hopefully it happens......

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The worst offender: Devices with Li-ion batteriers that can't easily be replaced, and that charge those batteries to 4.35 or even 4.4V. That's practically a guarantee that those batteries will be shot in 2 years.

-Uwe-

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§ 86.1854-12 Prohibited acts.

(a) The following acts and the causing thereof are prohibited:
(1) In the case of a manufacturer, as defined by § 86.1803, of new motor vehicles or new motor vehicle engines for distribution in commerce, the sale, or the offering for sale, or the introduction, or delivery for introduction, into commerce, or (in the case of any person, except as provided by regulation of the Administrator), the importation into the United States of any new motor vehicle or new motor vehicle engine subject to this subpart, unless such vehicle or engine is covered by a certificate of conformity issued (and in effect) under regulations found in this subpart (except as provided in Section 203(b) of the Clean Air Act ( 42 U.S.C. 7522(b)) or regulations promulgated thereunder).
(2)
(i) For any person to fail or refuse to permit access to or copying of records or to fail to make reports or provide information required under Section 208 of the Clean Air Act ( 42 U.S.C. 7542) with regard to vehicles.
(ii) For a person to fail or refuse to permit entry, testing, or inspection authorized under Section 206(c) ( 42 U.S.C. 7525(c)) or Section 208 of the Clean Air Act ( 42 U.S.C. 7542) with regard to vehicles.
(iii) For a person to fail or refuse to perform tests, or to have tests performed as required under Section 208 of the Clean Air Act ( 42 U.S.C. 7542) with regard to vehicles.
(iv) For a person to fail to establish or maintain records as required under §§ 86.1844, 86.1862, 86.1864, and 86.1865 with regard to vehicles.
(v) For any manufacturer to fail to make information available as provided by regulation under Section 202(m)(5) of the Clean Air Act ( 42 U.S.C. 7521(m)(5)) with regard to vehicles.
(3)
(i) For any person to remove or render inoperative any device or element of design installed on or in a vehicle or engine in compliance with regulations under this subpart prior to its sale and delivery to the ultimate purchaser, or for any person knowingly to remove or render inoperative any such device orelement of design after such sale and delivery to the ultimate purchaser.


TUNERS THAT DELETE ANY AECD OR THE SETTING OF READINESS ARE IN FOR A WORLD OF HURT!

(ii) For any person to manufacture, sell or offer to sell, or install, any part or component intended for use with, or as part of, any vehicle or engine, where a principal effect of the part or component is to bypass, defeat, or render inoperative any device or element of design installed on or in a vehicle or engine in compliance with regulations issued under this subpart, and where the person knows or should know that the part or component is being offered for sale or installed for this use or put to such use.

(4) For any manufacturer of a vehicle or engine subject to standards prescribed under this subpart:
(i) To sell, offer for sale, introduce or deliver into commerce, or lease any such vehicle or engine unless the manufacturer has complied with the requirements of Section 207(a) and (b) of the Clean Air Act ( 42 U.S.C. 7541(a), (b)) with respect to such vehicle or engine, and unless a label or tag is affixed to such vehicle or engine in accordance with Section 207(c)(3) of the Clean Air Act ( 42 U.S.C. 7541(c)(3)).
(ii) To fail or refuse to comply with the requirements of Section 207 (c) or (e) of the Clean Air Act ( 42 U.S.C. 7541(c) or (e)).
(iii) Except as provided in Section 207(c)(3) of the Clean Air Act ( 42 U.S.C. 7541(c)(3)), to provide directly or indirectly in any communication to the ultimate purchaser or any subsequent purchaser that the coverage of a warranty under the Clean Air Act is conditioned upon use of any part, component, or system manufactured by the manufacturer or a person acting for the manufacturer or under its control, or conditioned upon service performed by such persons.
(iv) To fail or refuse to comply with the terms and conditions of the warranty under Section 207(a) or (b) of the Clean Air Act ( 42 U.S.C. 7541(a) or (b)).
(b) For the purposes of enforcement of this subpart, the following apply:
(1) No action with respect to any element of design referred to in paragraph (a)(3) of this section (including any adjustment or alteration of such element) shall be treated as a prohibited act underparagraph (a)(3) of this section if such action is in accordance with Section 215 of the Clean Air Act ( 42 U.S.C. 7549);
(2) Nothing in paragraph (a)(3) of this section is to be construed to require the use of manufacturer parts in maintaining or repairing a vehicle or engine. For the purposes of the preceding sentence, the term “manufacturer parts” means, with respect to a motor vehicle engine, parts produced or sold by the manufacturer of the motor vehicle or motor vehicle engine;
(3) Actions for the purpose of repair or replacement of a device or element of design or any other item are not considered prohibited acts under paragraph (a)(3) of this section if the action is a necessary and temporary procedure, the device or element is replaced upon completion of the procedure, and the action results in the proper functioning of the device or element of design;
(4) Actions for the purpose of a conversion of a motor vehicle or motor vehicle engine for use of a clean alternative fuel (as defined in title II of the Clean Air Act) are not considered prohibited acts underparagraph (a) of this section if:
(i) The vehicle complies with the applicable standard when operating on the alternative fuel; and
(ii) In the case of engines converted to dual fuel or flexible use, the device or element is replaced upon completion of the conversion procedure, and the action results in proper functioning of the device or element when the motor vehicle operates on conventional fuel.



(5)

Information availability​

The Administrator, by regulation, shall require (subject to the provisions of section 7542(c) of this titleregarding the protection of methods or processes entitled to protection as trade secrets) manufacturers to provide promptly to any person engaged in the repairing or servicing of motor vehicles or motor vehicle engines, and the Administrator for use by any such persons, with any and all information needed to make use of the emission control diagnostics system prescribed under this subsection and such other information including instructions for making emission related diagnosis and repairs. No such information may be withheld under section 7542(c) of this title if that information is provided (directly or indirectly) by the manufacturer to franchised dealers or other persons engaged in the repair, diagnosing, or servicing of motor vehicles or motor vehicle engines. Such information shall also be available to the Administrator, subject to section 7542(c) of this title, in carrying out the Administrator’s responsibilities under this section.

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