ACA, CARE Express Concerns Over Right to Repair Requirements

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June 7, 2017—The Auto Care Association (ACA) and Coalition for Auto Repair Equality (CARE) expressed concern about whether all vehicle manufacturers will be in compliance with new Right to Repair requirements that will take effect for 2018 and later model year vehicles.

The statement came at a hearing being held at the Massachusetts State House by the Joint Committee on Consumer Protection and Professional Licensure to determine if car companies were in compliance with the first-in-the-nation law requiring that vehicle manufacturers make available, at a fair and reasonable price, the same service information, tools and software that they provide their franchised dealers. 

Aaron Lowe, senior vice president, government and regulatory affairs, ACA, who testified on behalf of the association and CARE, said, “Many car companies are doing a ‘good job’ in meeting the current Massachusetts Right to Repair requirements. However, new requirements will be taking effect for MY 2018 that will mandate vehicle manufacturers make all of their diagnostic and repair software available from the cloud and interface with the vehicle using a device meeting industry J2534 or ISO22900 industry standards.”

In late January, both groups sent letters to the manufacturers requesting information as to whether they would be in compliance with MY 2018 requirements. Lowe testified that the association only received 10 responses to the letter stating that they would be in compliance.

“I want to be clear that while we are not implying that the eight remaining companies are not in compliance, with the model introductions a month away, we are concerned by their lack of response despite our multiple attempts to reach them,” Lowe said.

The ACA and CARE testimony also pointed out that the two groups had not received any response from Tesla.

“While we have a lot of respect for the technological innovations spearheaded by Tesla, I want to take this opportunity to publicly ask Tesla to take action to ensure that their customers are not forced to patronize the small number of repair facilities for repair and maintenance of their expensive vehicles,” said Lowe.

Lowe also focused on Right to Repair requirements for heavy-duty vehicles more than 14,000 pounds.

“Unlike the light-duty manufacturers, compliance reports we have received have led us to the conclusion that some companies in the heavy-duty industry do not appear to be taking these commitments seriously. We therefore request that this committee amend this legislation to include the heavy-duty industry in the Right to Repair compliance study,” said Lowe.

Finally, the associations highlighted the fact that late model vehicles are transmitting an extensive amount of data regarding their health, performance, geolocation, mileage and safety status only to the vehicle manufacturers.

“Most car owners are unaware of the amount of vehicle data being transmitted to the vehicle manufacturer or how it might impact their repair choices,” Lowe said. “While telematics is not currently part of the Right to Repair legislation, we believe that it is critical that car manufacturers provide more transparency to their customers regarding the telematics systems on their vehicle and that they provide control to the car owners regarding how, and to whom, the data produced by their vehicle is shared.

“While not everything is perfect, the forward-thinking actions of this legislature and of the people of Massachusetts have, for the most part, led to the successful implementation of the legislation ensuring competition in the vehicle repair market. Our organizations are proud of the Right to Repair effort, and also of the level of cooperation we have received from many manufacturers."


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