FROM THE PRESIDENT RIGHT TO REPAIR NEEDS YOUR VOICE

vehicle is in jeopardy.

It’s understood that automakers need to secure their systems for delivery of vehicle updates. However, few provide updates for in-demand consumer electronics technologies in the aftermarket after the vehicle is delivered. Also, auto dealers are well known by consumers for charging more than a comparable aftermarket repair shop, stating they are the only ones trained and authorized to repair and upgrade, thereby removing customer choice from the equation.

This is not free trade. This is at the heart of the issue.

Here Are The Details

What Ford and others are doing is in direct violation of the Right-to-Repair Act that was passed (twice) in Massachusetts. The Auto Alliance continues to fight to block the latest law that was passed with a 74.97 percent YES vote at the polls in November of 2020. The vote and subsequent law passed supported requiring manufacturers that sell vehicles with telematics systems in Massachusetts to equip them with a standardized open data platform beginning with model year 2022 that vehicle owners and independent repair facilities may access to retrieve mechanical data and run diagnostics through a mobile-based application.

The Massachusetts Right-to-Repair Act (as passed) guarantees every car owner the right to have their vehicle serviced at the repair facility

Further References To Review

of their choice. It allows the repairer of choice access to vehicle repair and maintenance data. It also promotes transparency and consumer rights while preserving the cybersecurity of the vehicle and its data.

In my opinion, automakers continue to seek to remove this right using cybersecurity as their new de facto defense.

NTSB CYBERSECURITY BEST PRACTICES (SEPTEMBER 2022)

I recommend reviewing Section Six (6), “Aftermarket/User-Owned Devices,” in the NTSB Cybersecurity Best Practices, which was published September 2022.

• You can find it here: www.nhtsa.gov/ sites/nhtsa.gov/files/2022-09/ cybersecurity-best-practices-safetymodern-vehicles-2022-tag.pdf

The intent is to have the automaker provide provisions for consumer-added aftermarket devices. In addition to that, aftermarket device manufacturers are tasked with employing strong cybersecurity protections on their products.

As this is a regulatory document from NTSB, in my opinion, we should discuss how we, as an industry, can seek to influence the outcome of any regulatory act that would cause harm not only to the aftermarket, but also to consumers, by inhibiting free choice—and thus free trade of goods and services.

Here are some additional resources you may wish to peruse.

• Mass. Law implementation was to be decided July 2, 2022 and is still pending. You can read about it here: www.aftermarketnews.com/massachusetts-right-to-repair-case-postponed-again

• MA R2R Contested status: www.repairerdrivennews.com/2022/10/11/ aai-ag-provide-differing-interpretations-of-terms-in-massachusetts-contested-right-to-repair-law

• September 15, 2022 Update: www.jdsupra.com/legalnews/massachusetts-right-to-repaircase-4305057

• Finally, here is a copy of the lawsuit filed by the Alliance for Automotive Innovation: www.repairerdrivennews.com/wp-content/uploads/2022/01/auto-innovators-v-healey20201120-complaint1.pdf