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Allowing untrained, unregulated service repair people introduces an unnecessary risk that could jeopardize functionality and, consequently, patient safety.
As the Federal Trade Commission concluded, “it seems unlikely that there is a one-size fits all approach that will adequately address this issue.” As states look to make their own mark on the future of right to repair, carveouts for medical devices, as with the one included in New York’s landmark Digital Fair Repair Act, are critical. That is because cutting corners to save money when it comes to a patient safety can mean the difference between life and death.
Though the right-to-repair principles are laudable for other classes of products, the stakes are simply too high for medical and surgical devices.
The writer is president and chief executive of the American Consumer Institute.
Paul Waldman’s May 4 op-ed portrayed one side of what is a complicated issue.
Contrary to Mr. Waldman’s assertion, equipment manufacturers, often through their authorized dealer network, do make available diagnostic tools, manuals, documentation and parts to customers and independent repair providers for the vast majority of repairs. An inoperable tractor or combine during harvest doesn’t benefit the customer, the manufacturer or the dealer and is bad business.
However, there are restrictions to what equipment owners can fix, and for good reason. Modern equipment has numerous safety features to protect equipment operators and the public. Government regulations mandate complex emissions controls. Heavy equipment isn’t a cellphone or laptop. The ramifications of an incorrect repair are significant and can be catastrophic. As the equipment industry moves toward electrification and autonomous equipment, repairs will become only more intricate, requiring greater skills training for technicians.
Additionally, these right-to-repair proposals often require equipment manufacturers to sell parts at cost without profit. In other words, the government would be engaging in price-fixing, marking unprecedented intrusion into the free-enterprise system, hurting many small and medium-size businesses that sell, rent and service equipment.
Listening to proponents of right-to-repair legislation, you’d think only one company is making heavy equipment. Drive past any construction project or farm and you’ll see a plethora of brands represented. There is plenty of competition in the equipment industry. The market is working, and government intervention is unnecessary.
Daniel B. Fisher, Washington
The writer is senior vice president for government and external affairs for Associated Equipment Distributors.
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