John Deere signs right to repair MOU with US farm organisation

A memorandum of understanding has been signed between the American Farm Bureau Federation and John Deere, which will provide farmers with increased access to repair their machinery.

AFBF president Zippy Duvall said farmers must have the freedom to choose where equipment is repaired, or to repair it themselves, to help control costs.

"[This agreement] 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," Mr Duvall said.

"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 MOU was signed at the 2023 AFBF Convention in San Juan, Puerto Rico, and came into effect on January 8.

Globally the agricultural right to repair movement has centred around farmers and independent technicians having access to diagnostics and manuals to service machinery, rather than having to go through original equipment manufacturers and their dealers.

John Deere will ensure US farmers, their staff or independent technicians assisting farmers will have electronic access to its tools, specialty tools, software and documentation.

This information will be available via subscription or sale to farmers and independent repair facilities from John Deere or authorised repair facilities.

There are some conditions, which include safety controls not being compromised through modification and emissions control requirements not being compromised through changes to power ratings or other modifications.

John Deere ag and turf sales and marketing senior vice-president David Gilmore said the agreement reaffirmed the longstanding commitment Deere had made to ensure customers have the diagnostic tools and information needed to make many repairs to their machines.

"We look forward to working alongside the American Farm Bureau and our customers in the months and years ahead to ensure farmers continue to have the tools and resources to diagnose, maintain and repair their equipment," Mr Gilmore said.

ACM Agriculture contacted John Deere to find out if a similar agreement was being considered in Australia and received the following statement.

"The agreement between US-based John Deere and the American Farm Bureau Federation reflects the longstanding commitment our company has made to ensure our customers have the diagnostic tools and information they need to repair their machines," the statement reads.

"Globally, we will continue to partner with industry and our customers in the months and years ahead to ensure farmers continue to have the tools and resources they need to diagnose, maintain and repair their equipment."

The MOU with John Deere in the US is a voluntary private sector commitment rather than pursuing legislative or regulatory measures.

In fact, the document states the AFBF will encourage state farm bureau organisations to refrain from "introducing, promoting, or supporting federal or state 'Right to Repair' legislation that imposes obligations beyond the commitments in this MOU".

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Closer to home, right to repair policy appears to have stalled.

It has been more than a year since the Productivity Commission's right to repair report was tabled in federal parliament.

The report recommended amending the Copyright Act 1968 to include a new 'use' exception and introducing a fair dealing exception.

It also suggested a repair supplies obligation for agricultural machinery be implemented.

The National Farmers' Federation has renewed its calls for the government to put this recommendation into action.

NFF president Fiona Simson said right to repair regimes were being introduced across most advanced economies around the world, including specific protections for agricultural machinery.

"It's essential the Australian government keeps pace with the world to ensure Australian farmers can fix their machinery on-farm," Ms Simson said.

"Farmers are small business owners who should have the same right as anyone else to have their machinery repaired by their preferred repairer or make small repairs on farm without fear of voiding warranties and travelling long distances to access authorised repairs and then being burdened by their supply restrictions."

There have been no legislative changes to incorporate these recommendations thus far.

Charities, Competition, and Treasury Assistant Minister Andrew Leigh said the government was already pursuing some of the recommendations from the Productivity Commission's right to repair inquiry.

"For example, the government has committed to establish a 'super complaints' function within the Australian Competition and Consumer Commission, which will allow designated consumer groups to lodge complaints on systemic consumer issues," he said.

Mr Leigh cited the Motor Vehicle Service and Repair Information Sharing Scheme as Australia's first right to repair law.

The policy was introduced into parliament in March 2021 under the previous federal government and came into effect on July 1, 2022.

While it sits within the broader right to repair context, it was not a recommendation of the Productivity Commission's report.

"The scheme is a significant reform for consumer and small businesses in the right to repair context as it requires car manufacturers to make motor vehicle service and repair information available to purchase by all Australian repairers," Mr Leigh said.

"As a result, Australian drivers now have the freedom to have their vehicle serviced by any mechanic, meaning more choice for repairs and more cash in their pocket."