ST. PAUL, February 3, 2022 — The Marine Retailers Association of the Americas applauds engagement efforts by Minnesota members during a recent House Commerce, Finance and Policy Committee Meeting on HF 1156, Right to Repair legislation. Steve Chesky, Senior Support Mobile Specialist and Co-Owner of Dan’s Southside Marine, located in Bloomington, Minn., provided oral testimony during the hearing that highlighted his concerns on the legislation.
HF 1156, or the “Digital Fair Repair Act,” falls into the broad category of “Right to Repair” legislation and in short, would give consumers unfettered access to source code and programmable features of electronics, including marine engines. While the intent of the legislation is to allow consumers to do their own repairs — which marine dealers already facilitate — it poses a myriad of safety, emissions and liability concerns.
“We are committed to helping our customers do their own repairs and offer free user manuals and feature a comprehensive parts store chock full of OEM and aftermarket parts,” says Steve Chesky. “Unfortunately, HF 1156 would make it possible for consumers to void important safety and emissions features programmed into marine engines. Not only would the removal of safety features potentially harm boaters, but also they would cause issues for retailers who buy and sell pre-owned vessels. Making it nearly impossible for us to assure that the next customer is receiving a vessel that has not been tampered with.”
Chesky, a long-time advocate for Minnesota boat dealers, previously spoke against Right to Repair legislation in 2019. Lori Sanborn, Owner of Handberg’s Marina in Crane Lake, Minn., also added her voice to the choir of marine businesses detesting the legislation.
“Handberg’s Marina has been serving the Crane Lake area for over 96 years, and HF 1156 could not only endanger our customers, but also tarnish the reputation of our business,” says Sanborn. “For nearly 100 years, Handberg’s has been dedicated to getting folks on the water and creating lasting memories on Crane Lake. The last thing we want is for customers to make potentially harmful modifications to their boats and ruin what otherwise would be a fun-filled day with friends and family.”
Minnesota dealers stepped up to highlight the safety issues and liability concerns, while the National Marine Manufacturers Association also highlighted the issue the bill presents for the manufacturers of marine engines and components.
“In order to comply with the Clean Air Act and EPA mandates, recreational marine engine manufacturers cannot provide access to pollution control devices, something that HF 1156 makes possible,” says Jill C. Sims, Manager of Great Lakes Policy and Engagement for the NMMA. “HF 1156 requires manufacturers to give the general public access to these ‘locked’ sections of software and emission controls, however, manufacturers simply cannot, under federal law, facilitate access to these protected areas.”
To reinforce industry opposition, MRAA also submitted testimony, which can be found here. While the MRAA supports the intent of the legislation, we cannot support it as currently drafted due to the safety and emissions implications, as well as the potential burden it could place on our members. The MRAA will continue to monitor and provide updates on HF 1156. If you have any questions or would like to get engaged in advocacy, contact Chad Tokowicz, Government Relations Manager, at Chad@mraa.com or 978-569-5127.
About the Marine Retailers Association of the Americas
At the Marine Retailers Association of the Americas, we believe that for the marine industry to thrive, the retail organizations that interact with the boaters in their community must thrive. With that in mind, MRAA works to create a strong and healthy boating industry by uniting those retailers, providing them with opportunities for improvement and growth, and representing them with a powerful voice. For more information, visit MRAA.com or contact us at 763-315-80
