For Immediate Release: Thursday, Jul. 21, 2022
For additional information:
Willie Cade, Board Member, Repair.org, 773-562-3377, willie@graceful.solutions;
Gay Gordon-Byrne, Executive Director, Repair.org, 518-251-2837, ggbyrne@repair.org
Repair.org and PIRG call on the EPA to investigate Deere and its dealers over Right to Repair for violating the Clean Air Act
The agricultural giant and its dealers appear to be violating long standing Federal law by limiting the ability of farmers and independent repairers to fully fix their tractors, advocates say.
WASHINGTON —Tractor manufacturer John Deere has been preventing farmers from fixing their tractors in apparent violation of federal law, says Repair.org and the Public Interest Research Group (PIRG), independent advocacy groups promoting “right to repair” legislation. The groups called on the Environmental Protection Agency on Thursday to investigate Deere after discovering that Deere’s repair restrictions seem to run contrary to the Clean Air Act requirement for a company to state that it allows independent repair of the emissions control systems, and confirm in EPA certification filings that it does so.
By restricting access to software necessary to make repairs, Deere forces farmers to pay a premium for repair, according to research compiled by Repair.org and PIRG. In doing so, the company violates the Clean Air Act, and long-standing federal regulations (CFR Section 1039.125 (f)). Moreover, Deere’s monopoly on repairs contradicts some of its own Operator’s Manuals.
“John Deere is breaking the law and squeezing farmers every day,” said Repair.org Board Member Willie Cade, who conducted the research. “Deere has been locking farmers out of their own tractors while reporting that farmers have full repair choice. This monopolistic practice is not just anti-farmer—it’s anti-American. EPA should figure out exactly what is happening and take corrective action to stop it.”
Deere has opposed Right to Repair legislation—which would require the company to provide access to that software and other necessary repair materials—while facing an FTC complaint filed by PIRG, Repair.org and numerous farmer advocacy organizations, as well as at least 17 class action lawsuits for their anticompetitive repair restrictions. On several occasions, the company has pointed to EPA and environmental concerns as reasons that they refuse to provide access to materials needed in fixing equipment.
“I’ve watched as Deere representatives have told legislators in statehouses across the country they have to restrict farmers’ ability to fix their own equipment in order to abide by emissions regulations,” said PIRG Right to Repair Campaign Director Kevin O’Reilly. “Based on the Repair.org findings, it looks like Deere might be the one blowing smoke.”
John Deere announced in March that it would sell Customer Service ADVISOR, a software tool that provides limited diagnostic and repair capabilities, directly to consumers. This came after a PIRG investigation, confirmed by VICE News, found that Deere had failed to live up to an industry-wide promise to provide such tools by the beginning of 2021. But farmers report that Customer Service ADVISOR does not include access necessary to fix a tractor’s emissions module.
“I was the second customer in the state to get my hands on Customer Service ADVISOR. It didn’t let me fix problems with the emissions system. These kinds of repair restrictions have cost me tens of thousands of dollars,” said Jared Wilson, a farmer from Butler, Missouri. “I comply with environmental regulations because it’s the right thing to do. John Deere should do the same. It’s not every day that farmers look to EPA to be the hero. ”
The EPA requires that manufacturers of nonroad diesel engines apply and obtain a certificate of conformity with the Clean Air Act on an annual basis. If the EPA deems that a manufacturer fails to comply with emissions standards or the Clean Air Act, it can deny or revoke the company’s certification.
“Federal agencies such as the Federal Trade Commission are starting to crack down on illegal repair restricions,” said Repair.org Executive Director Gay Gordon-Byrne, referring to recent FTC actions against Harley-Davidson, Westinghouse and Weber Grills. “Companies like Deere should be warned: If you are illegally blocking customer repair, we’re going to work to hold you accountable.”