It's a Trap? Deere Signs Repair MOU With Farm Bureau
It's a Trap? Deere Signs Repair MOU With Farm Bureau
John Deere signed a memo of understanding with the American Farm Bureau Federation granting access to repair tools and information but the MOU may still leave farmers high and dry.
The American Farm Bureau Federation (AFBF) and agricultural equipment maker John Deere signed a memorandum of understanding (MOU) on Sunday that will provide access to John Deere’s Customer Service Advisor software, which can assist with some kinds of equipment repairs.
Deere: ‘Lucy and the football’ with farmers and repair
Right to repair advocates cautioned that the MOU (PDF) appears to fall far short of offering farmers and independent repair pros what right to repair legislation would: the same access to Deere diagnostic hardware, software and information as Deere authorized repair providers enjoy. At the same time it imposes conditions on farmers unions favorable to Deere, including a promise by the AFBF to “refrain from introducing, promoting, or supporting federal or state ‘Right to Repair’ legislation that imposes obligations beyond the commitments in this MOU.”
“This could be a significant step forward. If Deere truly provides farmers and independent mechanics with the same repair materials that its dealers have, then we would shout our praise from the rooftops,” said U.S. PIRG, the Public Interest Research Group, in a statement. “But the MOU contains limited enforcement mechanisms and the best aspects of this agreement could get lost in the legalese. Like Charlie Brown, farmers have lined up for the kick too many times to let Lucy pull the ball away again.”
Farmers Bureau and Deere hail long-sought deal
Both the AFBF and Deere hailed the agreement.
“AFBF is pleased to announce this agreement with John Deere. It addresses a long-running issue for farmers and ranchers when it comes to accessing tools, information and resources, while protecting John Deere’s intellectual property rights and ensuring equipment safety,” said AFBF President Zippy Duvall in a statement.
“A piece of equipment is a major investment. Farmers must have the freedom to choose where equipment is repaired, or to repair it themselves, to help control costs. The MOU commits John Deere to ensuring farmers and independent repair facilities have access to many of the tools and software needed to grow the food, fuel and fiber America’s families rely on.”
The agreement affirms John Deere’s commitment “to ensure our customers have the diagnostic tools and information they need to make many repairs to their machines,” said David Gilmore, John Deere Senior Vice President, Ag & Turf Sales & Marketing.
The agreement follows years of negotiations between the AFBF and Deere that address complaints by farmers that John Deere denies farmers access to diagnostic software and updates to force its customers to use authorized repair providers, rather than allowing farmers to repair their own equipment or use an independent repair provider.
Deere in March of 2022 said that it would make its Customer Service Advisor software more easily available to farmers and independent repair providers from its web site. Previously, the software was only available from Deere authorized dealers. However, the high cost of an annual subscription (more than $3,000 a year for access to service information on Deere’s Agriculture & Turf Equipment) and the limited capabilities of the software make it an unattractive offer for farmers and independent repair shops, which still find themselves blocked from many common repairs. In the meantime, farmers in a number of states filed class action lawsuits against Deere, charging the company with violating U.S. anti-trust law by thwarting the ability of farmers to service and repair their own equipment.
The MOU addresses some of those concerns. Language in the MOU requires Deere to provide the farmer “any special documentation, and tools needed to disable the lock, immobilizer or function and to re-set it when disabled in the ordinary course of diagnosis, maintenance or repair of the Agricultural Equipment.” Deere also agrees to provide “tools, specialty tools, software and documentation ... on a remote, immediate basis, whether delivery is made from the Manufacturer or through an Authorized Repair Facility.”
In exchange, the AFBF agreed to encourage state Farm Bureau organizations to ”refrain from introducing, promoting, or supporting federal or state ‘Right to Repair’ legislation that imposes obligations beyond the commitments in this MOU.”
Big questions in small print
However, there are big questions left unanswered by the MOU, the answers to which will become clear over time. First and foremost is the question of whether Deere’s Customer Service Advisor software is adequate to help farmers diagnose and complete repairs on Deere equipment, or whether critical information needed to actually accomplish repairs will still require farmers to seek the help of Deere authorized repair providers or local dealerships which have access to a different and more powerful version of the Service Advisor software available to dealers. For example, Customer Service Advisor does not include the ability to reprogram machine controllers on Deere equipment, which is necessary for a wide range of repairs such as replacing malfunctioning sensors.
Access to the version of Service Advisor used by Deere dealerships and authorized service providers has been a goal of right to repair advocates. It was also the foundation of a complaint filed with the Environmental Protection Agency by The Repair Coalition. That complaint noted that Deere was in violation of the Federal Clean Air Act, which requires heavy equipment makers like Deere to "state clearly in your written maintenance instructions that a repair shop or person of the owner's choosing may maintain, replace, or repair emission-control devices and systems,” and forbids them from requiring the use of “components or service identified by brand, trade, or corporate name” - practices that Deere has long engaged in.
MOU perpetuates Deere’s Clean Air Act ruse
The Clean Air Act also forbids equipment dealers from “directly or indirectly condition your warranty on a requirement that the engine be serviced by your franchised dealers or any other service establishments with which you have a commercial relationship." Deere effectively requires farmers to use their authorized repair providers by prohibiting farmer and independent repair providers access to the dealer level version of Service Advisor. The company says it limits access to its dealer level Service Advisor program to prevent farmers from modifying emission control features in its equipment, even though the Clean Air Act expressly forbids limiting access to such systems, according to Repair Coalition board member Willie Cade.
Heavy equipment makers can get waivers for some of those requirements by providing a component or service without charge to their customers under the purchase agreement or by asking the EPA for a waiver by providing evidence an engine will work properly only by using a company's parts or service. According to research by Cade, however, the EPA has not granted any such waivers, while only a few of John Deere’s published equipment manuals comply with the language of the Clean Air Act.
In the meantime, the MOU reinforces Deere’s Clean Air Act fiction with language that states the MOU “shall not be interpreted or construed to require a Manufacturer to…allow owners or Independent Repair Facilities to override safety features or emissions controls or to adjust Agricultural Equipment power levels.”
Reason for optimism?
Right to repair advocates said that the language of the MOU provides room for optimism that farmers ability to repair their own equipment or get repairs done in a timely and affordable way may improve under the MOU. For example, the MOU states that the manufacturer (Deere) must provide access to “Manufacturer's Tools, Specialty Tools, Software and Documentation,” that includes John Deere Customer ServiceADVISOR software, manuals, on-board diagnostics via diagnostics port or wireless interface and “other publications with information on service, parts, operation and safety.” But it is notably not limited to those items, which means that the MOU could reasonably be read to include any information, tools and software used to repair equipment.
What is and isn’t covered by the MOU will be worked out in the months ahead, and the MOU provides for semi-yearly meetings between AFBF and Deere to hash out the differences.
In the meantime repair advocates are urging legislators not to be distracted by the MOU from pursuing a legal right for farmers to repair their equipment.
“As legislators kick off their 2023 sessions, they should move full steam ahead with their Right to Repair bills and not view this MOU as a sign that the problem is solved,” said US PIRG in its statement. “They should continue pushing Right to Repair legislation until every farmer in every state with every brand of equipment can fix every problem with every tractor.”