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Tractor and Machinery Association of Australia supports right to repair with caveats

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Esperance and Districts Ag Show 2019 Thousands attended the show on Friday and Saturday last week.
Camera IconEsperance and Districts Ag Show 2019 Thousands attended the show on Friday and Saturday last week. Credit: Kelsey Reid

Australia’s biggest machinery brands have thrown their support behind farmers lobbying for the legal right to maintain and repair their own machinery, and have taken the unusual step of suggesting they could help train farmers and repairers to fix machinery safely.

The Tractor and Machinery Association of Australia last week released a powerful statement of principles setting out agricultural manufacturers and importers’ support for Australian farmers to have the right to repair their own machinery without facing legal repercussions.

The statement was letter headed by logos from John Deere, CASE IH, AGCO, LandPower, PFG Australia and Kubota.

While the statement of principals said the TMA wanted to support farmers, Tractor and Machinery Association of Australia executive director Gary Northover said the organisation was concerned about “far-reaching unintended consequences” including “safety, warranty or environmental issues”, labelling “modifying machinery” a safety risk.

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“Our members are committed to supporting farmers through provision of high quality and safe agricultural machinery that reduces downtime, maximises productivity and minimises environmental impact,” Mr Northover said.

“That includes providing farmers and repairers with training, diagnostic information and support, information on service, parts, operation and safety.

“We support the right for farmers to carry out their own repairs or maintenance, but that does not mean a right to modify.

“These machines are often complex and set up to operate safely while optimising performance. Modifying them creates significant safety risks.”

TMA’s statement of principles comes after the Australian Competition and Consumer Commission released a report into the agricultural machinery market in May and the Productivity Commission handed down a draft report into the right to repair in June.

The ACCC found purchasers of agricultural machinery would benefit from more independent competition in servicing and repair markets, while the Productivity Commission’s report found farm machinery manufacturers had an incentive to limit third-party access to repair supplies.

Mr Northover while said the TMA supported many of the recommendations made by the ACCC and the Productivity Commission, changes needed to be made to address “far-reaching unintended consequences” for the agriculture sector and rural communities.

We support the right for farmers to carry out their own repairs or maintenance, but that does not mean a right to modify.

Gary Northover

“The statement of principles reinforces the industry’s commitment to industry changes that improve machinery without adding additional cost or putting safety, performance or environmental standards at risk,” he said.

“If the recommendations from the ACCC and Productivity Commission are implemented in their current form, we are concerned repairs will be made by people who don’t have the required training and may result in machines not being fixed correctly the first time.

“That can in turn lead to increased downtime and other breakdowns, which create knock on effects that can be expensive to remedy.”

The right to repair refers to government legislation which would allow consumers the ability to repair and modify their own electronic devices and machinery — which otherwise require the customer to use only offered services or without voiding the product’s warranty.

A battle between the right to repair movement and machinery manufacturers has been playing out in globally in recent years, with supporters arguing it would improve prevent delays in repair that threaten to disrupt a farm’s operations.

More than half of the US states introduced right to repair legislation this year as the same movement gathers steam in Australia.

The movement has broad support from farmer groups, including the National Farmers Federation which says it should be illegal to prevent the owner of a product making repairs to a product themselves or using a contractor of their choice.

If the recommendations from the ACCC and Productivity Commission are implemented in their current form, we are concerned repairs will be made by people who don’t have the required training and may result in machines not being fixed correctly the first time.

Gary Northover

More than 80 per cent of the concerns raised in submissions to the Productivity Commission about the right to repair issue focused on manufacturers’ refusal to provide repair supplies to anyone outside their authorised network.

Mr Northover also stressed the importance of agricultural machinery and tractor dealerships across Australia.

“They operate largely in rural, regional and remote areas,” he said.

“These dealerships are a crucial part of their local economies, as employers, providers of traineeships and education, supporters of community initiatives.

“If the recommendations from the ACCC and Productivity Commission are implemented in their current form, we are concerned repairs will be made by people who don’t have the required training and may result in machines not being fixed correctly the first time.

“That can in turn lead to increased downtime and other breakdowns, which create knock on effects that can be expensive to remedy.

“We urge the ACCC and Productivity Commission to work with our industry to develop workable solutions that won’t create safety, warranty or environmental issues, or adversely affect rural communities.”

The TMA has represented importers, manufacturers and sellers of agricultural tractors and machinery in Australia for more than 70 years, providing a voice to issues relating to safety, training, regulation and market statistics.

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