Right to Repair rolls out in Massachusetts

Jan. 1, 2020
Significant questions remain about how and when OEMs will need to comply with requirements to make diagnostic and repair information available to independent repair shops.

Right to Repair legislation passed in Massachusetts last year. In fact, it passed twice, which is why there are still some significant questions about how and when OEMs will need to comply with requirements to make diagnostic and repair information available to independent repair shops.

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The Massachusetts Right to Repair Coalition had been working for passage for several years, and in 2012 found success on two fronts. First, they introduced a broadly worded ballot measure that not only received wide support, but also passed by a significant margin in the November election. In the run up to the election, the Massachusetts legislature also passed what was referred to as a compromise version of the Right to Repair bill that received the grudging support of the Massachusetts State Automobile Dealers Association (MSADA) because it fixed what OEMs and dealers found to be the most challenging parts of the ballot measure.

The version passed by the legislature restricted the types of vehicles covered to automobiles and light duty trucks, eliminated some of the penalties that would have prevented dealers from selling vehicles that were out of compliance, and reaffirmed dealer's rights to warranty and recall work.

While this has been good news for Right to Repair supporters, it has left OEMs waiting to see how the conflicting language in the two laws will be integrated. Right now, legislation has been introduced to reconcile the two measures, hewing heavily toward the version passed by the legislature. It's expected that something will likely pass early this year, clearing up any confusion.

"The war is over in Massachusetts," says Art Kinsman of the Massachusetts Right to Repair Coalition. "We're going to be working legislators and automakers closely, and we expect the reconciliation process will not be difficult."

There are a few key differences between the two bills. Because it failed to narrow its definition of a motor vehicle, the ballot measure covered all classes of vehicles, including some farm equipment and construction equipment that traditionally would not have the capability to allow diagnostics access via the protocol called for in the ballot measure. "It applies to a host of vehicles that don't use some of the protocol that was defined in J2534," says Dan Gage, spokesperson for the Alliance of Automobile Manufacturers. "That's a big problem for a lot of different industries."

The ballot measure also required use of SAE J2534 exclusively, with no provision for the introduction of new technology. "The compromise measure allows for a path to compliance for future innovation," Gage says.

The enforcement mechanisms are also different. The ballot measure imposed an immediate stop sale in Massachusetts for out-of-compliance models. "For our members, the problem is that the design of the 2015 models is complete, so we need immediate clarity on these timelines and parameters as we start production," Gage says.

In the meantime, the clock is ticking. The ballot measure would require compliance with the J2534 standard by the 2015 model year for a much wider swath of vehicles, many of which (like buses and RVs) are not exactly what voters or repairers were thinking of when they began supporting the idea of right to repair. And if OEMs can't get those 2015 vehicles into compliance soon, they won't be able to sell them in Massachusetts under the language of the bill voters passed.

According to Gage, if the reconciled bill copies the language of the compromise bill, then manufacturers would have until model year 2018 to comply, and that they would have options other than the J2534 standard, which many companies are already looking past as they adopt new technology.

As far as practical effects for repairers, Kinsman says that all reports his organization has had from the field have been positive. "Based on the feedback we're getting from our repairers, things are going well," Kinsman says. "There are so many different sources of information, it will be some time before we can reflect back and say that everything is working the way it's supposed to. But it's very encouraging.

"The bottom line is, the law is in effect and consumers and repairers should have no trouble obtaining the information," Kinsman added.

The OEM members of the Alliance of Automobile Manufacturers maintain that compliance shouldn't be a challenge, since their position has always been that members were already providing the information. "I don't think you'll find any member saying they will have a problem doing this, because they feel they've been providing it for the last 10 years," Gage says. "We're hopeful that the reconciliation will occur soon. We need clarity. It's important that the legislature recognizes that we're at the point that we have vehicles that will be on showroom floors in less than a year. The farther along we get, the more costly it will be to make last-minute changes."

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