With a crowded auditorium of aftermarket and automaker representatives, the Massachusetts Joint Committee on Consumer Protection & Professional Licensure held a hearing discussing Right to Repair legislation being considered in the Massachusetts Legislature. What got us here?

The 1990 Clean Air Act Amendments (CAAA) provided an opportunity for independent repairers’ concerns about being “locked out” of the service information necessary to repair vehicles. With the more sophisticated vehicle technologies assured with the enactment of the 1990 CAAA, independents sought legislative language mandating that automakers give independent repairers the same service information provided franchised new car dealers. This language applied to emissions service information only.

After several attempts at regulations to assure this service information transfer, the U.S. Environmental Protection Agency (EPA) got it right. The latest and current regulations required this be done on automaker websites which we still have today. What was obviously missing was non-emissions information which was to come later. First, Right to Repair bills were introduced in the states and in the U.S. Congress. The Automotive Service Association signed an agreement with the automakers assuring independents both non-emissions and emissions service information, tool information, and training in 2002. Later, aftermarket organizations signed a Memorandum of Understanding (MOU) with automakers in Massachusetts on access to information.

The hearing highlighted that this process has worked to date. So, what’s the problem? Mr. Kevin DiVito, President of Mobile Auto Solutions, noted in his testimony: “Many leading industry businesses across the U.S. are based on repair data being widely available. You must be willing to invest the time in yourself and your business in order to keep up with rapidly changing automotive technology. We are able to service current model year vehicles with identical equipment to the dealer. We are able to program new vehicle modules and keys, view dealer level service information, and calibrate semi-autonomous vehicles with OE tools and procedures.”

Mr. DiVito did mention that Tesla “does not currently offer a way for the aftermarket to scan and program their vehicles.” Automotive Service Association (ASA) President Ray Fisher also stated in his testimony that “the information is available and our members can fix their customer’s cars.”

Important for independent repairers was Mr. Fisher’s additional comments which noted repairers’ concerns for new vehicle technologies in the future. Mr. Fisher stated: “…I am here because of our concern about vehicle data access and the path forward with rapidly changing vehicle technologies. Both the Obama and Trump Administrations have opted to issue guidelines relative to many new vehicle technologies, defining state and federal regulatory responsibilities, but as of yet, they have not addressed vehicle data access concerns. The 115^th Congress passed autonomous vehicle (AV) legislation overwhelmingly in the U.S. House of Representatives, but AV legislation never made it to the U.S. Senate floor. This is regrettable because the vehicle data access and cybersecurity stakeholder provisions passed by the U.S. Senate Commerce Committee did not become law. This was an opportunity to bring all interests together and work with federal regulators on a data access and cybersecurity solution. It is important that the industry — or federal policymakers, if the industry fails - determine a vehicle data access and cybersecurity path forward.”

The 116^th Congress has had numerous hearings on new vehicle technologies, privacy and data, but has yet to offer a formal solution for vehicle data access. With 2020 being an election year, there is much clock pressure for the legislative calendar. If an industry solution is not meant to be, there will be even more hearings in Washington, D.C. and in state capitals across the country like the industry witnessed on a rainy day in Boston, Massachusetts. The opportunity for resolution is now.