Today's cars are equipped with On-Board Diagnostic (OBD) Computers, which monitor and control all emission-related components on the car. The OBD System helps technicians diagnose and repair emission related problems. Now, however, the car companies - with the tacit approval of the California Air Resources Board (CARB) and the EPA - with so called "anti-tampering" devices, are restricting access to the electronic information necessary for the development of compatible aftermarket parts. Critical information and tools necessary for emission repairs are difficult to either find or afford, putting repair shops at a huge competitive disadvantage with the new car dealers. Over time, these factors will place the independent aftermarket at a disadvantage in the sale and manufacture of parts and service of motor vehicles. BACKGROUND The 1990 Clean Air Act (CAA) included a pro-consumer amendment requiring that access to the OBD System be unrestricted and that such access not require the use of any manufacturer-specific tools or codes. This amendment also required that all information necessary to use the OBD System and to make emission-related repairs be shared with the independent aftermarket. Without these amendments, the car companies could have "locked out" the aftermarket by making access to the OBD System proprietary, thereby granting a monopoly to the car companies. After the enactment of the 1990 CAA Amendments, the EPA issued OBD regulations that required the car companies to install "tamper resistant" devices that would prevent aftermarket access to the electronic information. The EPA claimed that such protections were necessary in order to protect the integrity of the vehicle software. However, in response to an aftermarket lawsuit, the EPA repealed the anti-tampering requirements. Before the release of the Federal OBD standards, California issued its own standards known as OBD II. Those standards mandated that the car companies institute anti-tampering measures even more restrictive than those proposed by the EPA, in order to prevent access to OBD electronic information. Since California's OBD requirements were to take place first, the car companies began designing their cars to the tougher California standards. To reduce the burden on the car companies from having to produce two cars, one for California and one for the rest of the country, the EPA granted a waiver from federal preemption for California's OBD II standards. The car companies are designing and building their vehicles to meet the California requirements and are selling these "restrictive" vehicles nationwide in clear violation of the CAA. The state is also actively encouraging the car companies to institute stronger anti-tampering measures on their own and have promised to review the need for a requirement if the protections were not deemed sufficient. THE CURRENT SITUATION OBD II equipped cars are just now coming out of warranty and are being seen for the first time in the aftermarket. Independent parts manufacturers are just beginning to focus on building parts for OBD II equipped cars. Therefore, most people in the aftermarket are unaware of the problems OBD II will cost their businesses. It is clear, that unless the independent aftermarket has a ready source of cost-effective information and tools, as well as access to parts that operate effectively with the OBD II Systems, we will lose market share to the car companies. The OBD threat is not limited to just the manufacturer. The consequences of the consumer being forced back to the dealership for their OBD repairs will have other market repercussions. While being held captive, the consumer will be "sold" on performing non-OBD work. From routine maintenance such as oil changes, brakes and tune-ups, to internal engine repairs and suspension work, the consumer may find it easier and more convenient to have all maintenance and repairs done at the dealership. WHAT IS NEEDED The only resource the aftermarket has is to begin a grassroots/education campaign in California and across the nation, similar to that done for HR 1790 in the early 1990s. The effort should educate, motivate and activate members of the aftermarket on the OBD II issue. Through letter writing, telephone calls, rallies, meetings with legislators, candidates and administration officials, we will build a level of concern regarding the anti-consumer impact of the current OBD situation. The ultimate goal would be: 1. Obtain legislation or changes to regulations that will eliminate restrictions on electronic access to OBD Systems necessary to build compatible parts. 2. Obtain legislation or changes to regulations necessary to ensure affordable access to effective generic diagnostic and reprogramming tools. 3. Ensure state enforcement of current federal and state information and tool requirements and enact new ones if necessary. The aftermarket should be prepared to encounter strong opposition from the car companies. Staff. However, we have one asset that they do not have - an army of aftermarket employees with a huge stake in this issue. We will need to activate this resource in order to defeat the well-funded car company lobbyists who will be against us.