Massachusetts technicians win critical Right to Repair victory

Right to Repair is an explosive topic, with certain segments of the aftermarket industry praising such a bill's 'pros,' while others bemoan its 'cons.' Still, the idea of a piece of legislation that will ensure an independent repair shop's access to

Right to Repair is an explosive topic, with certain segments of the aftermarket industry praising such a bill's "pros," while others bemoan its "cons." Still, the idea of a piece of legislation that will ensure an independent repair shop's access to the same diagnostic repair information and tools that car companies provide to franchised dealers is gaining ground across the nation. Witness the recent developments in Massachusetts, where a key legislative committee gave the green light to HB 296 after pressure from the state's independent installers convinced lawmakers that equal access to information that is routinely dispersed to automakers will ultimately benefit the state’s drivers.

"This is an important first step for independent repair shops in Massachusetts," Aaron Lowe, vice president of government affairs for the Automotive Aftermarket Industry Association (AAIA), told Aftermarket Business magazine during an exclusive interview. "The bill still has a long way to go, but it is an important victory for the state, as well as the rest of the nation. This victory provides us with some momentum at the federal level; meaning, if you can get one state to require that repair and diagnostic information be made available to independent technicians, it is possible to do the same in other states — or even at the federal level."

Lowe credits the determination of Massachusetts' independent repair sector in creating such a positive outcome for the hotly contested bill, and says he is optimistic that it will eventually make its way to the governor's desk to be signed into law.

"We still have a big fight ahead of us, so AAIA is asking all of its members in Massachusetts to promote the bill's adoption," Lowe adds. "Right now, the main thing people need to do is call or write their legislators and urge them to pass this bill. The lawmakers need to hear from their constituents, to learn how this bill's passage will affect their businesses."

For more information about the Right to Repair Bill, or to find the names and contact information of legislators, Lowe encourages AAIA members to visit the Massachusetts Right to Repair Web site.

"It is important for the aftermarket industry to realize just how important government is to our business, and how important it is to get involved," says Lowe. "We can't emphasize enough how important this is, and how powerful of an industry if everyone would just get involved."

Input from constituents is what influenced the Joint Committee on Consumer Protection and Professional Licensure to report the landmark legislation out of committee favorably, and to pass it on to the Committee on Ways and Means. Car manufacturers lobbied hard against the legislation, which is co-sponsored by Rep. Vincent A. Pedone (D-Worcester), and Sen. Mark C. Montigny (D-New Bedford), by arguing that independent shops already have access to the information they need. When independent repair shops met with their local legislators and debunked that claim, manufacturers tried to suggest that the independents wanted "trade secrets" or proprietary information.

"We have been clear from the beginning of this process that what we want, and what consumers want, is repair and diagnostic information that many of these manufacturers are selectively withholding," says Stan Morin, who manages a repair business and serves as the lead advocate for passage of the legislation on behalf of the Massachusetts Alliance of Automotive Service Providers (AASP). "We don't want or need their trade secrets or any information that could even vaguely be described as proprietary. If they are providing this repair information to dealers, then it isn't the secret recipe for Coca-Cola and they can provide that information to us."

Pedrone calls the withholding of this information "anti-consumer," and is vocal in his support of HB 296.

"I can understand why manufacturers might want to protect proprietary information, but these cars belong to the owner of the car and that owner has the right to get it repaired wherever they choose," Pedrone told Aftermarket Business. "There are hundreds of business and thousands of employees at work in our independent service centers and they deserve to be protected every bit as much as these dealers."

Joining the Massachusetts Alliance of Automotive Service Providers (AASP) in its longstanding support of the legislation is the New England Service Station & Automotive Repair Association, Inc. (NESSARA); the Massachusetts Auto Body Association (MABA); and the Central Mass. Auto Rebuilders' Association.

"We want to make sure that our members, and the industry as a whole, retain the ability to locate the information needed to repair all vehicles. We fully support this legislation's effort to keep the choice of where to have your vehicle repaired in the hands of the consumer," says NESSARA's executive director, Paul F. O'Connell.

"The Massachusetts Auto Body Association fully supports House Bill 296. This legislation would ensure fair and equitable competition in the marketplace, which ultimately benefits consumers by providing greater choice at lower prices," agrees MABA president Ed Boermeester.

Tom Ricci, CMARA's president concurs, saying: "It is time to deal with this issue and bring some integrity back into the process. Saying there isn't a problem doesn't make the problem go away, and this issue is becoming more serious and affects local jobs and the consumer's satisfaction."

More information about the Right to Repair Act is available online.

About the Author

Sue Angell

Sue Angell joined the Aftermarket Business staff in April 2007 after serving as online editor/writer for Oberlin College's Office of College Relations. Sue graduated from Oberlin College in Oberlin, Ohio, with a bachelor's degree in English and religion. In addition to her work at Oberlin College, she has freelanced for Cleveland Jewish News and Crain's Cleveland Business.
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