Farmers need ‘right to repair’ tractors
by JOE HINCHLIFFE
Farmers and independent mechanics should have a ‘right to repair’ tractors, but more needs to be done to prevent manufacturers preventing this by hoarding software, tools and parts.
That’s a take home message from the consumer watchdog, after the Australian Competition and Consumer Commission handed down a report into competition and fair trading issues in agricultural machinery sales this month.
The report looked at a range of competition and fair trading issues in markets for the direct sale of agricultural machinery, as well as for after-sales services, such as repairs.
It made a number of recommendations aimed at improving competition and access by purchasers to after-sales services.
The ACCC said that modern tractors, harvesters and other agricultural machinery use complex computerised systems that involve embedded software and specific tools and parts. “While this technology has increased productivity, it has also meant that access to this software, tools and parts is needed to repair the machinery,” the ACCC wrote in a statement.
“These are often held or controlled by manufacturers, limiting the ability of independent repairers to do the work.”
The issue was not confined to the agricultural industry, and the ACCC said it should be considered in its wider context.
As such, the watchdog recommended that agricultural machinery be considered for future inclusion in the motor vehicle service and repair information sharing scheme.
“Competition in after-sales markets would be improved if independent repairers had access to software, tools and parts on fair and reasonable commercial terms,” ACCC Deputy Chair Mick Keogh said.
“This is an important issue that runs across a number of industries, both in Australia and overseas.”
The report also recommends that agricultural machinery be included in any broader ‘right to repair’ scheme introduced in Australia.
“In particular, the ACCC believes that future right to repair legislation could include requirements for manufacturers to:
• grant access to diagnostic software tools and parts to independent repairers on commercially reasonable terms;
• have a sufficient supply of parts readily available in Australia for a defined period from the date of the sale agreement; and
• provide purchasers with information about how long a certain software system will be supported.”
It also listed control over and use of data as a key emerging issue.
“Our survey findings indicate that many purchasers of agricultural machinery don’t understand the circumstances under which manufacturers can collect, share and use the data generated by their machines,” Mr Keogh said.
Warranties were also found to have “significant limitations”, including their short duration which can often be limited to one or two years.
“The survey we conducted showed that purchasers often don’t understand the terms of warranties when they buy agricultural machinery, which involves a significant investment,” Mr Keogh said.