Freedom to Fix: What the Memo Could Mean for Repair Shops

If you’ve been keeping an eye on the news, you may have heard about the Freedom to Fix memo. Signed by President Trump on June 29, the memo could make it easier for independent shops to repair emissions systems and use compliant aftermarket parts.

It’s not, however, a blanket federal right-to-repair law. 

(Our lawyers say we have to make sure we point that out.)

It also doesn’t legalize deletes or emissions tampering.

Here’s what heavy-duty shops should know.

WHAT THE FREEDOM TO FIX MEMO DOES

The Freedom to Fix memo addresses portions of the country’s Clean Air Act (CAA) that place limits (or lead to uncertainty) around what kinds of parts can be used when repairing an emissions system. When the memo was issued, the California Air Resources Board (CARB) operated the only EPA-recognized certification process for demonstrating that aftermarket parts comply with the CAA. This, as you might imagine, has led to something of a backlog, and the process can take well over a year. 

The memo directed the EPA to clarify what owners and repairers may do (legally) when fixing emissions systems. The EPA is also meant to “encourage the submission of, expeditiously consider, and act on any requests from organizations capable of testing aftermarket parts for conformance with the CAA” — in other words, find some alternatives to CARB.

In addition, the memo directs the EPA to consider deprioritizing “civil tampering enforcement actions against anyone who, in good faith, attempts to fix his or her own vehicle to its original configuration.” 

HOW THE EPA RESPONDED

The EPA issued guidance on July 1 stating manufacturers must provide independent repairers access — on reasonable terms — to the service information, training information, and tools they provide to their branded service centers. This includes information needed to diagnose and repair DEF and other emissions control systems.

The guidance goes on to say manufacturers cannot require their own branded replacement parts when equivalent parts are available. 

In addition, the EPA recognized the Specialty Equipment Market Association (SEMA) as an alternative certification authority to CARB for aftermarket vehicle parts. The new pathway could give parts manufacturers another way to demonstrate compliance and potentially bring compliant aftermarket products to market faster. 

WHAT DOES THIS MEAN FOR SHOPS?

Heavy-duty shops could be looking at better access to the information and tools they need to diagnose emissions failures, along with more compliant aftermarket options. They may also see greater clarity around temporarily overriding an emissions control when necessary to complete a legitimate repair — as long as the repair returns the vehicle or equipment to compliance. 

Could it make emissions repairs a little easier? Certainly.

Is it a full right-to-repair law? No.

WHAT DOESN’T THE FREEDOM TO FIX MEMO DO?

There are some other things the Freedom to Fix memo doesn’t do.

It does not require manufacturers to open up all their proprietary vehicle software, telematics, or diag information. The memo also does not legalize deleting, bypassing, or otherwise tampering with emissions controls.

It also does not change the Clean Air Act emissions standards. Instead, the memo and subsequent EPA actions address how vehicles and equipment may be repaired and how compliant aftermarket parts can be certified.

STAY TUNED

The memo has already prompted new EPA guidance and another certification pathway for aftermarket parts. What happens next will depend on how manufacturers, parts suppliers, and repair shops put those changes into practice.

In the meantime, the rules against emissions tampering remain firmly in place. Keep using compliant parts, follow applicable repair procedures, and check back with us — we’ll keep an eye on how Freedom to Fix will impact the heavy-duty world.