Questions persist over what it means for drivers to have the right to repair their cars and trucks following President Donald Trump’s recent memorandum, which aims to open access to aftermarket vehicle repairs.
The June 29 memorandum impacts a slice of the controversy between automakers, car owners, and independent workshops over who can technically and legally conduct certain auto maintenance and repair jobs.
The memo specifically targets emissions components that are strictly regulated by the Environmental Protection Agency (EPA) under the federal Clean Air Act.
Automotive and legal experts who spoke to The Epoch Times explained the types of repairs the memorandum affects, what this means for vehicle owners, and some of the potential consequences for the industry as a whole.
“What Trump’s trying to do here is figure out, is there an alternative to let people basically work on their cars if it’s something relating to emissions?” Joe Luppino-Esposito, federal policy director of the Pacific Legal Foundation, told The Epoch Times.
Narrow Slice of Vehicle Regulations
Rather than establishing a national right-to-repair policy for a wide variety of aftermarket vehicle parts, the memorandum specifically homes in on components used in automotive emissions systems.The Clean Air Act prohibits drivers from tampering with emissions systems, including intentionally removing or bypassing a catalytic converter on a vehicle that was originally equipped with one.
Additionally, if an independent repair shop wants to use a non-original equipment manufacturer part in a vehicle’s emissions system, the mechanic must receive legal certification from the California Air Resources Board (CARB).
The California board is currently the only organization allowed to certify aftermarket parts under the Clean Air Act’s guidelines. In many cases, the certification process can take more than a year.
Armen Hareyan, founder and editor-in-chief of the automotive industry media platform Torque News, explained that the California board is essentially the “only widely recognized way” to prove an aftermarket emissions component adheres to the Clean Air Act.
This creates a bottleneck for certifications as the board is a “state agency with limited staff handling applications from manufacturers across the entire country, not just California,” Hareyan told The Epoch Times.
“That backlog has created supply shortages, driven up costs, and slowed down innovation, while also limiting how many affordable parts consumers can actually buy,” he said.
“For a small aftermarket parts company, waiting over a year and paying for testing before you can legally sell a single unit is a real barrier to entering the market,” Hareyan added.
The memorandum directs the EPA to issue guidance within 30 days on actions vehicle owners can take regarding emissions repairs or modifications while staying consistent with the Clean Air Act.
Luppino-Esposito said the memorandum may result in federal guidance that allows vehicle owners some leeway with “fine-tuning” or improving their exhaust or emissions systems, for example, in ways that wouldn’t violate federal law but might otherwise be restricted unless working with a dealership under the current certification process.
Certification Monopoly
The memorandum also directs the EPA to “encourage the submission of, expeditiously consider, and act on any requests from organizations capable of testing aftermarket parts for conformance with the [Clean Air Act]” so that CARB is not the only organization issuing certifications.It’s not clear how this would play out or which organizations could fill the gap.
Hareyan said the Specialty Equipment Market Association, which is the leading group representing the specialty automotive aftermarket parts industry, has been advocating for years to have additional boards conduct compliance certification under the Clean Air Act.
While the association could step in to become an additional certifier, the memorandum just directs the EPA to “start accepting applications from anyone qualified,” Hareyan said.
“The honest answer is, we do not yet know who steps into that role, only that the door is now open,” he said.
—Jacob Burg; Stacy Robinson
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