Massachusetts aftermarket confident that Question 1 is ballot’s answer to repair data restrictions

Delaying a repair – or worse, having to send the entire job to the dealership – because a particular part or procedure is exclusively an OEM item can be frustrating for the customer and uneconomical for a shop owner.

But in Massachusetts vehicle performance data and diagnostic details will become more accessible for aftermarket professionals if Bay State voters approve a Right to Repair initiative on the November ballot.

With more than 2,000 members representing independent repair shops, local auto parts stores, trade associations and customers seeking increased efficiencies and economic parity, the Massachusetts Right to Repair Coalition is confident that their campaign will be successful.

Known as Question 1, the measure would grant repairers access to technologies currently restricted to the OEM dealership domain.

Members of the coalition also include the Alliance of Automotive Service Providers of Massachusetts (AASP-MA), the New England Tire and Service Association (NETSA) and other aftermarket supporters.

“More than 90 percent of new cars transmit real-time repair information wirelessly, and independent repair shops will soon have limited or no access” under current regulatory conditions as automakers accelerate these technological enhancements, according to Tommy Hickey, director of the Right To Repair Coalition.

“This means car owners are steered toward more expensive dealer repair options,” he says. “It’s your car -- shouldn’t it be your right to access the information you need to repair it without having to pay high prices at the dealer?”

“An increasing number of vehicle manufacturers are locking down their on-board diagnostic ports, requiring authorization from the manufacturer for the aftermarket tools and the technicians attempting to access the data needed to perform many repairs,” explains Aaron Lowe, senior vice president of regulatory and government affairs for the Auto Care Association.

“Further, in Europe, manufacturers are pushing to require shops to access the car company cloud in order to obtain diagnostic and repair data from a vehicle,” he adds.

“Absent any legislation or ballot initiative, the manufacturers will become the gatekeepers for the vehicle repair data, permitting only them and not the vehicle owner to determine who will be able to repair a vehicle,” says Lowe.

In 2012, 86 percent of the Massachusetts electorate voted to require OEMs to make available repair information and diagnostics. “But now ‘Big Auto’ is using the next generation of wireless technology to get around our law, shut out independent repair shops, and cost car owners more money. That’s not what we voted for,” contends Barry Steinberg, owner of Direct Tire in Watertown, Mass.

“Consumers deserve the right to take their car to any repair shop that they want,” Hickey empasizes.

A critical difference
“There has not been any legislation similar to the Massachusetts initiative in any other states,” Lowe says.

“The vehicle manufacturers have been pointing to a bill requiring access to telematics data that was considered in California back in 2014. That legislation was completely different than the ballot measure under consideration in Massachusetts,” he points out.

“A critical difference is that the California bill required access to a broad amount of data including personal information on drivers, while the Massachusetts ballot initiative only provides access for independent shops to ‘mechanical data’ for a vehicle,” says Lowe. “Of course, the car owner would need to provide authorization before the shop could access the diagnostic and repair data.”

As of late summer, the Right to Repair Coalition had brought in more than $1 million, including $500,000 from the Auto Care Association, plus numerous contributions from additional aftermarket businesses in support of the cause.

The Auto Care Association and the other contributors “are financially supporting this effort due to the importance of the issue to the future of our industry,” according to Lowe.

“However, the entire effort is being spearheaded by a coalition of repair shops in the state that are concerned that failure to address the wireless data issue will mean that consumers will no longer have a choice in where they have their vehicle repaired,” he says.

“The aftermarket shops in the state currently have a major fight on their hands,” Lowe continues, “since the manufacturers are spending millions on television ads that lie about the scope of the ballot measure and are aimed at scaring voters regarding the impact on their safety if they vote yes.”

Choice and convenience
“We need to update the Right to Repair law before wireless technologies remove the car owner’s right to get their vehicle repaired at our local, independent shop because the automaker would rather steer them towards one of their more expensive dealers,” says Alan Saks of Dorchester Tire Service. “This is common-sense reform.”

“Local businesses are the bedrock of our communities, and what we are asking for isn’t radical,” says Glenn Wilder of the Wilder Brothers shop in Scituate, Mass.

“We are only asking that automakers be required to do the right thing -- something they agreed to do nationwide in 2012 -- and ensure that wireless repair and diagnostic data remains accessible to the consumer and independent repair shops,” he says.

“Small shops like mine work hard to stay up-to-date with the latest technology in order to provide quality service,” says Wilder. “We are constantly training on the latest technology and equipment so that you have the choice and convenience of deciding where to get your car fixed.”

He additionally advises Bay State voters that “if the Right to Repair law is not updated to include wireless information, not only will your local repair shops be harmed, but your wallet will be. By restricting this technology, shops like mine will not be able to diagnose your vehicle, forcing you to get your car repaired at a more expensive authorized automaker repair center. We all update our cars, our homes and our TVs when we can afford to -- why not update our Right to Repair law?”