Colorado Governor Signs Right to Repair Tractor Legislation Opposed by John Deere

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Colorado has enacted the nation's first state law guaranteeing farmers the right to repair tractors and other equipment themselves or at independent repair shops. Colorado Governor Jared Polis, a Democrat, signed the bill yesterday.

"I'm proud to sign this important bipartisan legislation that saves time and money for hard-working farmers and ranchers on repairs, and supports Colorado's thriving agricultural industry...Farmers and ranchers can lose precious weeks and months when equipment repairs are blocked due to long turnaround times by manufacturers and dealers.This bill will change that,” Polis said.

The State House voted 46-14 in favor of the bill on April 11, while the Senate voted 21-12 on March 30. lawmakers co-sponsored the bill,” the Associated Press wrote. “The proposal has left some GOP lawmakers stuck between their agricultural constituents arguing for the ability to repair their equipment and manufacturers who have vehemently opposed it. "

The requirements of the law are to come into effect on January 1, 2024. Manufacturers of agricultural equipment will be required to "provide parts, integrated software, firmware, tools or documentation, such as diagnostic manuals, maintenance or repair, diagrams, or similar information (resources), to independent repairers and owners of the manufacturer's farm equipment," according to the Legislator's Summary of the Consumers' Right to Repair Farm Equipment Bill. Misleading business practice

Failure to provide repair resources will be considered a deceptive business practice under new Colorado law. "Any new contractual provision or other arrangement entered into by a manufacturer that removes or limits the manufacturer's obligation to provide resources to Independent Repairers and Owners is void and unenforceable," the legislative summary states.

Manufacturers must provide necessary tools, software and information on "fair and reasonable terms and costs" to independent repairers and equipment owners, the Colorado law says. The conditions must not "discourage or discourage repairs to be carried out by an owner or independent repairer". Nor can manufacturers impose "substantial" obligations, such as requiring an equipment owner or independent repairer to "become an authorized repairer of the manufacturer".

Colorado previously imposed similar requirements on power wheelchair manufacturers. The Farmers and Ranchers Act applies to tractors, trailers, combines, sprayers, tillage tools, balers, "other equipment used for planting, cultivating or harvesting agricultural produce or for stanchioning", as well as accessories and spare parts.

In January, the American Farm Bureau Federation and John Deere signed a memorandum of understanding on repair rights after "many years of discussions." As state law, Colorado's requirement is more enforceable than the voluntary memorandum and is not limited to John Deere equipment. Skeptics of the John Deere deal say it doesn't help farmers enough and that real laws are still needed.

In response to the Colorado bill, John Deere said it supports customer decisions to repair products themselves or use independent repair services, but still opposes state law. "We believe Colorado's legislation is unnecessary and will lead to unintended consequences that will negatively impact our customers," the company said.