It's been almost one and half years since Massachusetts voters approved the Right to Repair Act, which would give independent repair shops the ability to access vehicle data necessary to make repairs. The lawsuit against this act has caused many delays surrounding its implementation, and though some delays are to be expected, the Massachusetts Right to Repair Committee has now submitted a brief calling for a prompt decision to be made.
Limited access
According to the brief, in the Affidavit of Aaron Lowe, this isn't the first time auto manufacturers have tried to limit independent repair shops' access to information needed to make repairs, giving them the upper hand.
Auto manufacturers put up similar resistance when the Clean Air Act required them to install on-board diagnostic (OBD) systems in vehicles and again when anti-theft devices or immobilizers were introduced. In both instances, the auto manufacturers presented arguments against allowing independent repair shops to have access, which were later found to be unwarranted.
Previous to the current Right to Repair Act, in 2012, a right to repair law was passed. This law stated that vehicle manufacturers share the same service information, tools, and software that they provide to their franchised dealers. However, more recently, manufacturers have been collecting this information via wireless technology, which was not covered in the original law.
The Right to Repair Act is meant to update the law, giving vehicle owners back their rights to have their vehicles serviced where they see fit.
Telematics and vehicle diagnostics
The telematics provision in the Right to Repair Act applies to the model years 2022 and after. Because the Act cannot be implemented until this lawsuit is resolved, that means 2022 vehicles on the road are only providing data through their telematics systems to the vehicle dealers, not independent shops or the vehicle owners.
The Act is also requiring manufacturers to put a standardized OBD port in their vehicles. Without a standardized port, independent shops are having to turn away customers because they are unable to make certain repairs without port access.
A prompt resolution
The Right to Repair Committee outlines the top four reasons it is critical this situation be resolved quickly.
- Technology: Vehicles are already using telematics systems to communicate diagnostic and repair data; it is no longer the technology of the future. Additionally, port accessibility is already affecting many independent shops.
- Cost: With manufacturers controlling vehicle data, they are also controlling where consumers must bring their cars to get fixed. A study done in 2020, revealed that dealerships are 36.2 percent more expensive, on average, than independent repair shops.
- Consumer rights: Vehicle owners have no choice in where to send their cars for repairs if the dealers are the only ones with access to the data needed to make those repairs.
- Independent repair shop viability: The more jobs independent shops have to turn away means they are losing money and potential customers which could be the difference in whether those shops have to shut down.
The brief states that the Right to Repair Act is essential legislation not only for Massachusetts but the entire nation.
