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NY Times Article / Why TSBs aren't on NHTSA Website Posted by EGD [Email]  (#663) [Profile/Gallery]
(more from EGD) on Sun, 3 Apr 2011 06:36:04
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April 1, 2011
Why Auto Repair Bulletins Arenât on Regulatorsâ Web Site
By CHRISTOPHER JENSEN
FOR years, the National Highway Traffic Safety Administration has declined to post on its Web site reports from automakers about problems with their cars and about specialized warranty extensions that could save consumers large sums on repairs.
The reason: the agency says automakers have warned it that the reports, called technical service bulletins, are copyrighted.
The technical service bulletins are sent to dealers by automakers and provide information on unusual problems with vehicles they have produced â most of them in the hands of customers â and how to make repairs. Special service campaigns are a form of technical service bulletin that often tell dealers of warranty extensions for particular repairs.
âMany manufacturers have asserted that technical service bulletin information is copyrighted and will not waive those copyrights,â Karen Aldana, an agency spokeswoman, wrote in an e-mail. âN.H.T.S.A. has a legal obligation to abide by copyright law.â
The agency declined to provide copies of the automakersâ requests or to identify the companies.
But several leading automakers said that either they did not copyright their bulletins or that they would not object to publication by the agency. Those automakers are BMW, Chrysler, General Motors, Honda, Hyundai, Nissan, Subaru and Volvo.
A Toyota spokesman, Brian Lyons, would not respond directly to a question about whether Toyota objected to publication of the service bulletins. In an e-mail, Mr. Lyons wrote: âWe are open to discussing it with N.H.T.S.A. We do believe we have the right to protect our intellectual property.â
A Ford spokesman, Wesley Sherwood, said his companyâs position was that the full bulletins should not be published because they showed how to make repairs that âshould not be performed by do-it-yourselfers.ââ Mr. Sherwood did not respond to a question about why, if Ford is concerned about owners making their own repairs, it allows consumers to buy the bulletins from commercial firms.
Each year automakers produce thousands of technical service bulletins, which, aside from going to dealers, are obtained by commercial services like Alldata, which sell the information to repair shops and even individuals. Service bulletins compiled by Alldata are frequently published on these pages as a reader service.
A spokesman for Mercedes-Benz declined to answer questions about its policy.
There is a basis for the traffic safety agencyâs concern about lawsuits, said Susan Richey, the associate dean and a professor at the University of New Hampshire School of Law in Concord.
âThe U.S. government can be charged with copyright infringement,â she said in an interview. But the agency could defend itself by saying it was a fair use of the material because of the benefit to consumers, she said.
Clarence Ditlow, executive director of the Center for Auto Safety, a consumer advocacy group in Washington, said the highway safety administration should allow the material to be published. Failing to do so, he said, suggests that the agency was more concerned about catering to the industry than about helping consumers.
Automakers can save money if owners donât know about service campaigns that include extended warranties, he said. âMost service campaigns are ones intended to prevent a major failure,â Mr. Ditlow added. âConsumers can avoid a costly failure by doing a free repair now.â
The safety agency apparently feels the bulletins have some value to consumers because it posts some summaries on its Web site. But the summaries are only a few sentences long and often lack crucial information, like noting free repairs when they are available.
One example is a Toyota service campaign announced last year for a possible oil-hose leak on about 716,000 vehicles, including some 2007-10 Camrys with V-6 engines. The complete bulletin said Toyota would pay for the repairs until March 31, 2013. The summary listed by the agency, however, does not mention the extended warranty.
Some automakers, including Toyota in this case, say they send owners notices of extended warranties. But Mr. Ditlow said there was no guarantee that people who bought a used vehicle would receive the information. If the agency posted the full bulletins, he said, consumers could easily check without having to pay a commercial firm for the information.
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