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Aftermarket Wins Three-Year OBD II Battle

2 October 2000

Aftermarket Wins Three-Year OBD II Battle; Governor Gray Davis Signs SB 1146

    BETHESDA, Md., Oct. 2 After three years of relentless
grassroots campaigning by state and national aftermarket groups, California
Governor Gray Davis signed SB 1146 into law on Saturday, September 30,
announced the Automotive Parts Service Alliance (APSA).
    "This is a monumental victory for the aftermarket and consumers. SB 1146
ensures that car owners will continue to have access to the most convenient
and affordable vehicle aftermarket in the world," said Al Gaspar, President
and CEO of the Automotive Aftermarket Industry Association (AAIA).
    Specifically, the bill mandates that the independent aftermarket will have
access to service information and tools necessary to repair and maintain
vehicles equipped with on-board diagnostic computers.  The bill further
requires that independents have access to information necessary to ensure that
replacement components are compatible with the on-board computers.
    "We are extremely pleased that the Governor has chosen to support the
continued rights of consumers to obtain quality and competitively priced parts
and repairs from the independent aftermarket," said Gaspar.  "This new law
will help level the playing field between the aftermarket and new car
companies and their franchised new car dealers in providing sophisticated
parts and service for late model vehicles."
    AAIA and the Automotive Warehouse Distributors Association comprise the
Automotive Parts and Service Alliance (APSA).  The Alliance worked closely
with the California Consumer Choice Coalition, a group of state and national
aftermarket groups, consumer and vehicle safety groups to spearhead a
concerted grassroots effort to obtain passage of the bill.
    "Our job is only three-quarters complete," cautioned Jim Eady, President
of the Automotive Warehouse Distributors Association.  "The Alliance now looks
forward to working with the California Air Resources Board in developing
regulations in order to implement the SB 1146 requirements.  With a January 1,
2002 deadline, there's still a great deal of work to be done."
    The bill, which passed by a 70-3 vote on August 29 in the California
Assembly, passed the Senate by a vote of 36-1 the next day.  In June, the
California Transportation Assembly unanimously passed the bill 17-0.  Governor
Davis signed the bill into law on September 30.
    Specifically, SB 1146 would provide:

    *     Full access to all emissions related service information, enhanced
          diagnostic tools and reprogramming capabilities.

    *     Disclosure of information which will assist aftermarket
          manufacturers build parts that work properly with OBDII systems.

    *     Yearly reports by the California Air Resources Board and the Bureau
          of Consumer Affairs to the State Legislature regarding the
          availability of competitive parts and repairs for emissions related
          systems.

    *     Ability of manufacturers to petition courts for trade secret
          protection, while still requiring disclosure if necessary to provide
          for competition in the aftermarket.

    *     Prohibition against the use of any encryption or defeat devices that
          would prevent the installation of a non-original equipment part.