Massachusetts legislature breaks before acting on 'right to repair' legislation

Last week, the Massachusetts legislature chose not to act on Right to Repair legislation before ending its session, but the proposed legislation remains on the calendar. The legislation (H4892) would require car manufacturers to provide independent repair shops equal access to the same diagnostic repair information and tools they provide for their dealer mechanics.

Over the course of the session, the legislation advanced further in Massachusetts than it has in any other state or in Congress where it has been pending, according to information from the Massachusetts Alliance of Automotive Service Providers (AASP).

Since its initial introduction in 2001, this type of legislation has been rejected by the U.S. Congress and state legislatures in Florida, Oklahoma, Maine, New York, Nevada, New Jersey and Massachusetts. There is a voluntary agreement put in place in 2002 and overseen by the U.S. Congress that many reported say is preferable to legislating a solution in search of a problem, according to a news release from the Automotive Service Association (ASA).

“We continue to be concerned that scarce industry resources are being used to fix a problem that does not exist. All my life I have heard, ‘if it ain’t broke, don’t fix it.’ We have the National Automotive Service Task Force that is there to protect independent repairers from service information gaps and to provide assistance with future training and tool needs. We need to focus on more training for independent technicians. That’s our future," says Ron Pyle, ASA president and chief staff executive.

But many supporters see this current position as a positive for moving the legislation forward.

“When we began this process last year, even our own members thought taking on car manufacturers was daunting,” Stan Morin, a local repairer who is also chairman of the Massachusetts Right to Repair Committee, says in information from the AASP. “But they came to understand this is an issue of survival for them and for their customers. When the manufacturers fail to provide us equal access to that information, the consumers are directly and negatively impacted.”

Historically, about 75 percent of post-warranty vehicle service and repairs are performed in non-dealer shops, according to ASA. Automakers view these non-dealer shops as important players in providing service to their mutual customers, the driving public. Just as motor vehicles have become more complex, the servicing of them has also become a high-technology business requiring skilled, trained technicians and a sizeable investment in diagnostic and repair equipment.

Independent repairers took their case directly to the satehouse this past spring as they rallied in support of the legislation and then met with their individual legislators, according to the AASAP. Under Morin’s leadership, many of those same mechanics and shop owners returned repeatedly to visit lawmakers personally. The repairers’ grassroots effort has also produced more than 1,000 e-mails and over 600 letters to legislators directly asking for their support.

Independent repair shop owner Bill Cahill, owner of BC Auto in Randolph, Mass., calls the momentum in favor of the bill gratifying for repairers.

“There is tremendous support for this bill among legislators,” says Cahill. “I was in dozens of meetings with representatives from all corners of the state and I can tell you that they understand that this is a consumer issue first, and then an economic issue about jobs in this economy.”

But the ASA says this focus could be better placed.

“With the new fuel and the new engine technologies coming into play, our technicians will need more and more advanced training. Vocational education schools will tell you that they need more equipment and more resources for students that are moving into the workplace,” says the ASA’s Pyle. “Wouldn’t it be a positive thing if the money being spent advancing Right to Repair legislation was invested in making long-term improvements in the training and recruitment of top-rate technicians for the industry as a whole?”

As the Legislature moves into its summer recess, Morin and Cahill said that the independent repairers will continue to try to build support for the legislation among legislators and consumers. Part of that effort will require debunking claims being made by manufacturers that the legislation amounts to an effort to obtain proprietary parts information from manufacturers. “The car manufacturers know better, but they don’t have any other defense for their opposition because this is a pro-consumer bill,” said Morin. “What else would they say? That they are anti-consumer?”

As for other organizations, in the release from the ASA, Dave McCurdy, president and CEO of the Alliance of Automobile Manufacturers, adds: “Auto manufacturers are proud of our progress and are committed to providing independent repairers the access and information needed to repair today’s vehicles. We encourage the members of AAIA (Automotive Aftermarket Industry Association) and CARE  (Coalition for Automotive Repair Equality) to use NASTF (National Automotive Service Task Force) and help identify any gaps in service information that may exist.”

Michael J. Stanton, president and CEO of the Association of International Automobile Manufacturers Inc., says in the ASA release: “Automakers do recognize there are real issues associated with the ongoing advancement of new automotive technology. “With this in mind, our industry has been working with repairers and independent shops to develop ways to ensure rapid and efficient dissemination of service information, the identification and elimination of any gaps in this information, and the resolution of any problems to the benefit of our mutual customers.”