RAGING INFORMATION ACCESS BATTLE IN NEW ENGLAND MAY HIT HOME

NATIONAL NEWS

RAGING INFORMATION ACCESS BATTLE IN NEW ENGLAND MAY HIT HOME

A critical win for the Massachusetts collision repair industry – and a subsequent legal battle from automakers – could impact the future of OEM repair information nationwide. On November 3, a ballot measure to strengthen and revise the state’s 2012 Right to Repair Law passed by more than two million votes. Heavily promoted by both the Alliance of Automotive Service Providers of Massachusetts (AASP/MA) and the Massachusetts Right to Repair Coalition, the measure will improve the independent automotive repair and service industry’s access to OEM repair information (specifically telematics) through the following provision (presented here with minor edits):

Commencing in model year 2022 and thereafter, a manufacturer of motor vehicles sold in the Commonwealth, including heavy-duty vehicles having a gross vehicle weight rating of more than 14,000 pounds, that utilizes a telematics system shall be required to equip such vehicles with an inter-operable, standardized and open access platform across all of the manufacturer’s makes and models. Such platform shall be capable of securely communicating all mechanical data emanating directly from the motor vehicle via direct data connection to the platform. Such platform shall be directly accessible by the owner of the vehicle through a mobile-based application and, upon the authorization of the vehicle owner, all mechanical data shall be directly accessible by an independent repair facility or a class 1 dealer licensed pursuant to section 58 of chapter 140 limited to the time to complete the repair or for a period of time agreed to by the vehicle owner for the purposes of maintaining, diagnosing and repairing the motor vehicle. Access shall include the ability to send commands to in-vehicle components if needed for purposes of maintenance, diagnostics and repair.

“This is an extraordinary win for independent automotive service and collision repair facilities in the Commonwealth,” shared AASP/MA Executive Director Evangelos “Lucky” Papageorg, whose association was one of the original 10 signers on the petition to create the ballot question, in a statement issued shortly after the vote. “The Right to Repair law was overwhelmingly supported in 2012; however, it needed updating due to advances in technology. On behalf of the vehicle owner – and to protect our own liability in the repair process – it is critical that both collision repairers and independent automotive service professionals have access to the most current mechanical and diagnostic data available. This information is vital to enable proper repair and guarantee proper functionality of all the computerized functions of today’s vehicle.” To date, Massachusetts is the only state in the US to pass a measure legally requiring automakers to adhere to Right to Repair standards. This measure differs from the national Memorandum of Understanding (MOU) signed in 2014 by the Automotive Aftermarket Industry Association (AAIA), the Coalition for Auto Repair Equality (CARE) and the Alliance of Automobile Manufacturers and the Association of Global Automakers. In the MOU, automakers agreed to only provide repair information to independent facilities outside of Massachusetts on a voluntary basis without the weight of law. As a result, independent facilities in the remaining 49 states currently do not have the ability to pursue legal action against any automaker that fails to stick to these voluntary conditions. (More information on the MOU is available at autocare.org.) Not everyone was pleased to see the ballot measure succeed at the polls. The Alliance for Automotive Innovation (a group formed in 2020 that claims to represent “the manufacturers producing nearly 99 percent of cars and light trucks sold in the US”) subsequently filed a federal lawsuit against Massachusetts Attorney General Maura Healey to oppose the updated Right to Repair Law revisions. In its suit, the organization argues that “[t]he extraordinary changes required by the law, combined with the standard industry lead time necessary to develop future model-year vehicles, means that most members will be incurring substantial costs immediately in an attempt to comply with the law. And if an automaker cannot research, develop and implement the open-access, bi-directional platform required by the [ballot measure], then it could be subject to significant penalties for its vehicles sold in Massachusetts, whether

To date, Massachusetts is the only state in the US to pass a measure legally requiring automakers to adhere to Right to Repair standards.

directly through dealers or in the aftermarket.” Attorney General Healey has indicated that she would not enforce the Right to Repair law revisions until a verdict is reached. The Massachusetts Right to Repair Coalition takes exception to the Alliance for Automotive Innovation’s attempt to stall the action. “After spending $26 million only to be resoundingly defeated at the ballot box, the big automakers still don’t get it,” commented Coalition Director Tommy Hickey in an official statement. “Their baseless, anti-democratic lawsuit attempts to thwart the will of the voters and their customers, who voted by a 75 percent majority for Right to Repair.” “It is fair to say that the public once again made its position overwhelmingly clear on who should have access to the repair information regarding their vehicle,” Papageorg added in an AASP/MA press announcement. “My personal opinion is that this is nothing more than an attempt to delay or usurp what is ultimately the right of the vehicle owner to be able to choose where and who fixes their vehicle with the needed information to do so properly and safely at a price they choose to pay. AASP/MA holds true to the fact it is and should remain the right of every vehicle owner to have the final decision regarding the repair of their vehicle.”

Hammer & Dolly will provide further information on this matter as it becomes available. H&D