Montana's Right to Repair

Dear Editor,

Montana farmers and ranchers face numerous challenges. Some of these challenges such as weather, commodity prices, and bank loan rates are beyond a single farmer's ability to manage. On the other hand, there are challenges faced by Montana producers, which one could reasonably consider as manageable, yet in reality are not. One of the biggest challenges thrown in the face of Montana agriculture that falls in this category is when original equipment manufacturers lock farmers and ranchers out of repairing their own equipment.

Farming is a seasonal operation. When crops are ready for harvest, hundreds of farmers engaged in their livelihood are in the field at the same time, meaning that a significant number of breakdowns could simultaneously occur. Per manufacturer policy, repairs can only be performed at an authorized repair location or by an authorized technician. There are very few of those facilities and individuals working in Montana. Wait times for repairs can be several days, subjecting the farmer to a lower quality crop or potentially devastating events such as hail or fire.

A recent Memorandum of Understanding (MOU) between a large farm equipment manufacturer and a national farm organization allows dealer and farmer use of diagnostic tools to determine the cause of a breakdown but not the ability to repair. A previous MOU between these two parties promised the right to repair by 2021. That promise was not honored by the manufacturer. Like the previous MOU, the current agreement is probably nothing more than hot air.

My Right to Repair bill now in the Montana Senate fully supports local dealerships' commitment to selling equipment and offering repair services. Often these dealerships are at the mercy of manufacturers, who will dictate what software is available for diagnostics and who – and who doesn't – have authority to use those diagnostics for repairs.

Manufacturer lobbyists will tell us and the Montana public that Montana does not have the right to interfere with the manufacturer's ability to do business as it pleases in Montana. This is in fact untrue. In previous legislative sessions, Montana lawmakers shielded local automobile dealers from unreasonable requirements made by manufacturers.

My senate Right to Repair Bill is about rural jobs and giving Montana farmers and ranchers the freedom to repair their own equipment and to be fairly treated by manufacturers. Our local and capable dealerships and independent mechanics can provide timely services for diagnosing and repairing equipment. The Montana Legislature needs to make the right decision in keeping Montana agriculture on the move. Pass Right to Repair.

Sincerely,

Sen. Willis Curdy (D-SD 49)