It turns out farmers may not need a law to repair their own equipment in Mississippi.
Despite growing concerns over a farmer’s right to perform repairs on tractors and other equipment without taking it to a service center, The American Farm Bureau Federation, an advocacy group for farmers and ranchers, has done the legwork in negotiating with several farm equipment manufacturers to establish right to repair guidelines in Mississippi and nationwide.
As technology has become more advanced, customers have had to rely more on dealers to make repairs, while access to tools and repair technology remains in the dealers’ hands.
“When a piece of equipment breaks down, it causes major obstructions on the farm. So (you’re) thinking time (and) money,” Emily Buckman, director of government affairs for AFBF, told The Dispatch on Monday. “That’s why it’s so important to have access to the tools needed to fix the problem.”
State Sen. Chuck Younger, R-Lowndes County, introduced a right to repair bill for farm equipment on Jan. 15. If passed and signed into law, Mississippi would become the seventh state with some sort of right to repair legislation on its books.
However, Younger told The Dispatch the bill isn’t coming out of committee. He said he mistakenly grabbed the bill from a pile on his desk and never intended to file it. The efforts of AFBF have “fixed it,” he said in a text Tuesday.
Keeping government out
AFBF has negotiated memorandums of understanding (MOU) over the last year with five major farm equipment companies, including John Deere, CLAAS of America, CNH Industrial, Kubota and AGCO. These companies represent about 75% of farm equipment manufacturers.
Buckman said each MOU is tailored to each manufacturer but are similar in scope. They are flexible and allow AFBF to continue conversations with the companies, improving the MOUs and addressing issues that may arise.
At their core, the MOUs offer farmers access to tools to self repair or the right to have an independent mechanic work on their machinery, allowing farmers to repair while protecting the manufacturer’s intellectual property.
Each MOU includes a clause that AFBF and its state arms will refrain from “introducing, promoting, or supporting” right to repair legislation at the federal or state level that would impose obligations beyond the scope of the MOU.
Buckman said AFBF believes “a patchwork” of state legislation can only serve to complicate the issue and that its membership preferred a private sector solution.
“I think that most folks would agree that AFBF intervening on behalf of our members with manufacturers on issues that arise will lead to a much quicker resolution of a problem,” she said. “I think we can all agree that when government gets involved, things can be slowed down very quickly.”
She said that AFBF, through its website, has information on right to repair and each MOU available to read. It also has resources for farmers who have a dispute with a dealer that may require AFBF to intervene.
‘I like the option’
Phillip Johnson is a farmer just outside Macon with about 1,800 acres. He grows corn, cotton, raises catfish and has dabbled in soybeans. He has several pieces of farm equipment to manage the crops, including as many as five tractors.
He said right to repair issues have affected his farming work.
Johnson said he has often relied on a friend – a former John Deere technician – who helps whenever Johnson has an equipment problem.
“There have been some times that he has come and said, ‘You know what, that’s a John Deere problem. You’ll have to call them,’” Johnson said.
A “John Deere problem” usually refers to a computer or software issue, he said. In the past, it would require Johnson to bring his equipment to a dealership or wait for a certified technician to make a visit.
He said that while paying extra for a certified technician is a concern, a more frustrating problem was having equipment out of commission for several days while he waits for the technician to come fix it.
With the understood right to repair, Johnson said he has more options.
“So if the John Deere technician can’t be here in three days, I can call my friend or another repair shop to come out here and work on it,” he said. “I like that option.”
Right to repair versus right to modify
Kyle Putts, service coordinator with H&G Agri-Power, told The Dispatch dealers support the right to repair. H&G has a location west of Columbus near Highway 82.
“The right to repair, from a dealer’s perspective, we support 100%,” he said.
He said that includes support for customers who want to purchase scanning tools, service manuals or any specialized tools.
Right to repair allows customers “better access to the tools and things that we use as a dealer,” he said.
What dealers and manufacturers are against, Putts said, is the right to modify, which is altering the equipment in a way that changes its intended use.
All of the AFBF’s agreements with manufacturers contain provisions that prohibit changes to equipment functions such as power levels, emissions and safety features. They also include protections of each manufacturer’s intellectual property.
Kevin Edwards is news editor and reports on Starkville and Oktibbeha County government.
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