Congressional Attention to Data Access for Vehicle and Equipment Owners
ACRA has been working on Capitol Hill for several years to educate legislators on the importance – for competition, innovation and consumer protection – of guaranteeing vehicle owners access to the data generated by their vehicles. It seems Congress is beginning to pay attention to the general data access issue, and ACRA anticipates that the comprehensive interests of fleet owners will be addressed in legislation being drafted in the House and Senate right now:
- AAVOR-Backed Bill – The American Alliance for Vehicle Owners’ Rights (AAVOR), of which ACRA is a founding member, is working with legislators in the House and Senate on legislation to address the data access interests of fleet owners comprehensively; a draft of that legislation is attached (AAVOR Draft Bill) ;
- Agriculture “Right to Repair” Bill – Senator Jon Tester (D-MT) introduced S. 3549 on February 2nd; his bill addresses data access conflicts between farmers and equipment manufacturers (Tester Bill) ; and,
- Vehicle “Right to Repair” Bill – Rep. Bobby Rush (D-IL) introduced H.R. 6570, the “REPAIR” Act, on February 2nd; his bill addresses data access for vehicle owners (Rush Bill), but only regulates access to repair and maintenance data directly (ACRA members need control over more than repair data to manage their fleets).
In addition, the European Commission has just completed a “consultation” (hearings with stakeholders and experts) on data legislation which will be unveiled during the Spring of 2022 and which is expected to address vehicle data access by vehicle owners; a summary of the EC’s consultation report is attached (EC Report).
Federal Commercial EV Tax Credit Proposal in Danger?
As reported previously, the massive “Build Back Better” bill advanced by the Biden Administration is effectively “dead” on Capitol Hill, but efforts are being made to pass pieces of BBB separately. Among those pieces are the generous federal tax credit for purchasing electric and other alternative fuel vehicles to promote their integration into the nation’s fleet of vehicles. BBB included an ACRA-supported “commercial” (as opposed to personal) EV tax credit of up to 30% of the cost of the vehicle. Now, as legislators are revisiting those proposed tax credits, some have come out against permitting them for commercial vehicles (partially due to the budget impacts of the tax credits and partially based on a belief that businesses should not get such tax credits). ACRA has reached out to vehicle manufacturers, dealers and other fleet trade groups to determine if a joint effort to save these commercial EV tax credits can be launched. More on this nascent advocacy coalition in the near future.
AAVOR Statement to House Autonomous Vehicle Hearing
AAVOR submitted a statement for the record of the House Transportation Committee’s hearing on autonomous vehicles on February 2nd (AAVOR T&I Statement). The thrust of the AAVOR statement is that Congress must address the rights of vehicle owners to access their vehicles’ data – whether for current vehicles or future, more automated ones.
ACRA Joins “Partnership to Protect Workplace Opportunity”
ACRA’s Board voted unanimously this month to join the “Partnership to Protect Workplace Opportunity” – a coalition of business groups that have expressed concerns with the Biden Administration’s plans to overhaul the Department of Labor’s “overtime” regulations – which dictate the tests for classifying workers as eligible for, or exempt from, overtime compensation. PPWO’s website is at www.protectingopportunity.org. We’ll have more information on this effort in future editions.
ACRA Supports House Catalytic Converter Theft Legislation
ACRA’s Board also voted in February to support Rep. Jim Baird’s (R-IN) bill, H.R. 6394 — “PART” Act — to prevent the theft of catalytic converters. The bill was introduced on January 14th. Such thefts have grown significantly in recent years and have hit ACRA member fleets hard. ACRA anticipates that legislation like Rep. Baird’s can assist in reducing such thefts (Baird One-Pager).
Champion of Joint DOT/DOE EV Working Group Supports Car Rental Participation
Senator Cortez Masto (D-NV) — the Senate champion of a joint Department of Transportation (DOT)/Department of Energy (DOE) Electric Vehicle Working Group that was included in the 2021 federal infrastructure law as Section 25006 — wrote to DOT and DOE Secretaries Buttigieg and Granholm on February 3rd to highlight her priorities for this Working Group. In her letter (Cortez Masto EV Letter), Senator Cortez Masto promoted the engagement of the car rental industry, in the Working Group. ACRA is in contact with DOT/DOE to determine if ACRA or one of ACRA’s members will be invited to join the Working Group.
State Legislative Activity Highlights
State legislatures are back in session and busy at work. Based on reports from ACRA members, following are some of the state activities ACRA is tracking early in 2022:
- Colorado – HB 1253 – This legislation requires rental car companies to make certain adaptive equipment available during the time of making a reservation. The bill will be heard in committee in the coming weeks.
- Maryland – SB149 – Would require rental companies to disclose “in the rental agreement” whether the vehicle was equipped with a spare tire, and require renters to “initial the disclosure” before renting the vehicle. This bill has resurfaced several times; received a hearing in January, but looks to remain stalled, which is a favorable development.
- New York – AB 9343 – Vehicle Licensing Fee Recovery – This legislation removes the prohibition for rental car companies to separately state and recover costs relating to licensing and registering vehicles.
- Kansas – HB 2482 – This bill removes the sales exemption for rental car companies when purchasing vehicles wholesale. The legislation is a de facto tax increase on the industry. It has stalled.
- New Mexico – HB 68 – This bill made several changes to the criminal code, including stiffer penalties the tighter restrictions to deter catalytic converter thefts. Several other states are considering similar legislation.
- Washington – HB 2026 – Establishes an early adoption program that would require the registered owner of an enrolled electric vehicle to pay a fee of 2.5 cents per mile upon registration of the vehicle beginning July 1, 2025. Participation would be mandatory for new electric vehicles and voluntary for older electric vehicles. The bill has stiff opposition and is considered “dead” for the year.
ACRA Membership Activity
New ACRA Regular Operator Members:
- Jax Rideshare Rental, Atlanta, GA
- Olga, Miami, FL
- Northeastern Outdoor Rentals LLC, Ossining, NY
- Wing Auto, LLC, Falfurrias, TX
New ACRA Associate Member:
- Finalrentals
Associate Membership Renewals:
- Chrysler Group, LLC
- IAA, Inc.
- Bonzah.com (by Pablow Inc.)
- CARWIZ International Ltd.
- Collateral Consultants
- RateGain Technologies Limited
Regular Operator Membership Renewals:
- Bandago
- Datura Auto Sales and Rentals
- Empire Rent A Car
- Go Rentals
- Kuehn Rental LLC
- Lia Auto Group
Mark Your Calendars! 2022 International Car Rental Show
The 2022 International Car Rental Show will be held April 24 – 26, 2022 at the Paris Las Vegas Hotel and Casino in Las Vegas, Nevada. Mark your calendars! Registration is now open at www.internationalcarrentalshow.com/register/welcome-to-registration. And remember, ACRA members receive discounted registration rates for the ICRS – so if you are not yet a member of ACRA, go to www.acraorg.com today and join the only organization that represents the entire American car rental industry – large and small companies, operators and suppliers!
ACRA Presentation at ICRS
While plans are still taking shape, ACRA’s plenary session presentation at the 2022 International Car Rental Show will focus on the plans of federal, state and local policymakers to build out electric vehicle charging networks to support both private and commercial EVs in the years and decades ahead. ACRA President Sharky Laguana will moderate the ACRA session and ACRA expects to have policymakers from the federal Department of Transportation, at least one state department of transportation, and one county/city that operates an airport (such as Clark County, Nevada) participate in person or remotely.
2022 ACRA D.C. Legislative Conference
ACRA’s Board of Directors has scheduled ACRA’s 2022 D.C. Legislative Conference for September 19 – 21, 2022. To register for the conference, please go to www.acraorg.com. The conference’s schedule and details will be firmed up later in 2022 as we see what, if any, surprises the COVID pandemic has in store for us and whether Capitol Hill re-opens to in-person meetings. But sign up early to be sure of reserving your place for this popular and successful ACRA D.C. meeting.
2022 ACRAPAC Plans
The ACRAPAC Committee is planning an “encore” performance at the International Car Rental Show in Vegas in April by ACRA President Sharky Laguana during an ACRAPAC “Contributors Only” Reception on the Tuesday evening of the show. The committee also plans to hold an ACRAPAC reception on Capitol Hill at the 2022 ACRA D.C. Legislative Conference in September. Details on both events will be distributed in the near future. For more information on ACRAPAC, please contact Sharon Faulkner (Acraorgsfaulkner@gmail.com) or Greg Scott (gscott@merevir.com).
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