Is There Movement On The Right To Repair?

American Farm Bureau Federation hosted a high-profile beef squashing at its annual convention in January. The organization announced it had negotiated a Memorandum of Understanding (MOU) with Deere & Company that would make it easier for farmers and independent repair shops to access software, diagnostic codes and data on John Deere equipment. 

This would provide farmers with more flexibility to make repairs without having to use a John Deere-authorized repair shop.

The MOU wasn’t created in a vacuum. There is momentum behind right-to-repair legislation in several states that would limit the ability of manufacturers to permit only affiliated technicians to make repairs to farm equipment. 

This legislation enjoys support from several farm organizations and right-to-repair advocates. With software increasingly integrated into farm equipment, it can be frustrating to have a breakdown that requires an affiliated repair shop to access software or reset a code, especially if the farm does not have a local authorized dealer. 

NATIONAL VERSUS STATE

The MOU provides some significant concessions to farmers and independent repair shops while allowing Deere to attempt to the terms, rather than a patchwork of state legislatures. Deere has committed to allowing farmers and independent repair shops with electronic access to manuals, diagnostics, software code and other items necessary to make repairs without having to hire a Deere-authorized repair shop. 

Deere is not offering these services for free — the MOU provides the information can be accessed on “fair and reasonable” terms, including subscription services or equipment and technology purchases.

In exchange for the concessions in the MOU, Farm Bureau agrees to encourage state Farm Bureaus to recognize the MOU and refrain from supporting legislation that exceeds the terms of the MOU. 

Under the MOU, both parties have the right to walk away from the agreement if any state or federal right-to-repair legislation is enacted.

THE MOU LIMITS

Although the MOU includes significant concessions, it has limits. The MOU is an agreement between Farm Bureau and Deere; it’s not a contract between Deere and individual farms. A farmer or independent repair shop would not prevail if it sued Deere for not following the MOU terms. 

Also, Deere is not the only manufacturer and Farm Bureau is not the only organization interested in right-to-repair issues. Both are respected and significant players in their respective fields, but this issue is much broader than the agriculture sector.

Consumer electronics, automobiles and medical devices can experience the same right-to-repair challenges, which could cause state legislators to forge ahead regardless of the MOU.  

On March 9, the American Farm Bureau Federation and CNH Industrial brands, Case IH and New Holland, signed a MOU that provides farmers the right to repair their own farm equipment. The MOU follows a similar framework to the John Deere agreement.