Big out-of-state car manufacturers have consistently provided misinformation and falsehoods about Right to Repair. Let’s set the record straight on Senate Bill 2204, the “Right to Repair” bill currently before the Senate.

Senate Bill 2204 is the very definition of a consumer protection bill. Passage of S. 2204 will provide consumers a real choice in where they get their cars fixed.  With consumer choice comes competition, savings, and the protection of 32,000 independent repair industry jobs across the Commonwealth.

Here’s exactly what the Right to Repair bill does in plain language:

PASSENGER VEHICLES, LIGHT TRUCKS AND MOTORCYCLES

Section 1: Definitions.  Senate 2204 narrows the definition of motor vehicles affected by this legislation to passenger cars, light-trucks and motorcycles.

REPAIR AND DIAGNOSTIC INFORMATION ONLY

Section 2: This section talks about what Right to Repair actually does; require car manufacturers to make available for a fair market price, the same automotive repair and diagnostic information and tools manufacturers make available to their dealers.

• The bill requires that beginning in 2015, manufacturers must deliver this information through the internet or an information “cloud” via a universal interface, the J-2534.  The J interface is simply a bridge between the car, the technician’s laptop, and the manufacturer’s website.  The J-2534 can also be quickly and easily modified for any type of vehicle.
• The J-2534 was invented and is currently mandated for delivering emissions-related repair information from manufacturer to repairer to speed compliance with federal clean air laws.  Many car manufacturers like Toyota are using it today to deliver all repair, diagnostic and reprogramming information to their dealers and subscribers.

PROTECTS VEHICLE SECURITY

• Section 2 (d): Alleviates any and all concerns about vehicle security by codifying the existing secure data delivery system for immobilizer and key codes that is currently used by auto manufacturers and law enforcement.  S. 2204 does not change anything related to security codes.

PROTECTS TRADE SECRETS

Section 3: This section says that nothing in this law will require manufacturers to divulge a trade secret.  Although all business’s trade secrets are already protected by the most stringent state and federal laws, S. 2204 codifies an added layer of protection.

• “Trade Secrets” is nothing more than a scare tactic– manufacturers have ultimate control over who has access to their trade secrets, and our bill specifically protects them.
• Opponents cannot point to one provision of S. 2204 that forces manufacturers to share trade secrets.
• Since trade secrets are protected, there be no impact on the design of vehicles, parts or “sending jobs overseas”.  Simply put, no trade secrets, no negative job impact. This “jobs to China” argument is not only false, but ugly in it’s implications.
• In fact, Right to Repair will help preserve the 32,000 independent repair industry jobs right here in the Commonwealth.

SUPPORTS AGREEMENTS BETWEEN DEALERS AND MANUFACTURERS

Section 4: Protects existing agreements between dealer and manufacturers.  Any agreement made subsequent to passage of the law must comply with the law.

• Please note that we will work with the Senate to support further amendments to the bill affording new car dealers the same protections against big car manufacturers as it does for consumers and their independent counterparts.

SIMPLIFIES PENALTIES

Section 5:

• Simply deems a violation of this law an unfair method of competition and an unfair and deceptive act and allows the aggrieved to sue for triple damages under Chapter 93A.  What’s more, a car manufacturer would be subject to a fine.
• 5 (b) offers arbitration in the case of a dispute over the “fair market value” of repair and diagnostic information.

We challenge big car manufacturers to show anyone how any part of this bill takes trade secrets or intellectual property, jeopardizes vehicle security, or sends jobs overseas.

Please do not allow big manufacturers to continue their scare-tactic campaign about things that are not in this bill.  We’ve asked them to prove it.  They cannot.

Remember, the Attorney General approved the Right to Repair proposal for the statewide ballot.  The initiative petition would have been unconstitutional if there was a taking of intellectual property or trade secrets.

Right to repair means that both dealers and independents have access to the same information and tools and then consumers have the ability choose where they get their cars fixed.  Right to Repair is about protecting small independent businesses, consumer choice, and most importantly, will result in savings for consumers.  That’s why 100,000 voters signed the Right to Repair initiative petition, and polls consistently show upwards of 87% of local consumers in strong support.

Your constituents are frustrated by the current system that forces car owners to go the dealership for costly repairs.  Manufacturers will say anything to preserve this unfair system. Consumers simply want fairness, and S. 2204 is a fair bill.  We applaud the Senate’s efforts to bring this issue to the floor and we respectfully request your support.

Bill S.2204

SECTION 1. The General Laws are hereby amended by inserting after chapter 93I the following chapter:-

CHAPTER 93J

RIGHT TO REPAIR

Section 1. As used in this chapter, the following words shall, unless the context clearly indicates a different meaning, have the following meanings:

“Authorized repair facility”, a person or business operating in the commonwealth that is affiliated, by contract or otherwise, with an authorized dealer or motor vehicle manufacturer and is engaged in the diagnosis, service, maintenance or repair of motor vehicles or motor vehicle engines.

“Dealer”, a person or business authorized by a manufacturer to lease or sell such manufacturer’s new motor vehicles at retail; provided, however, that such dealer is also engaged in the diagnosis, service, maintenance or repair of motor vehicles or motor vehicle engines.

“Immobilizer system”, an electronic device designed for the sole purpose of preventing the theft of a motor vehicle by preventing the motor vehicle in which it is installed from starting without the correct key code.

“Independent repair facility”, a person or business operating in the commonwealth engaged in the diagnosis, service, maintenance or repair of motor vehicles or motor vehicle engines and that is not affiliated with a manufacturer or a dealer.

“Manufacturer”, any person or business engaged in the business of manufacturing or assembling new motor vehicles.

“Motor vehicle”, a vehicle driven or drawn by mechanical power and manufactured primarily for use on public streets, roads and highways, but excluding: (i) a vehicle that may be operated only on a rail line; (ii) a recreational vehicle or auto home equipped for habitation; (iii) an ambulance; (iv) a bus, motor coach or trackless trolley designed for the carriage of persons for hire or for school-related purposes; (v) vehicles used for purposes other than the transportation of property and incapable of being driven at a speed exceeding 12 miles per hour and used exclusively for the building, repair and maintenance of highways or designed especially for use elsewhere than on the travelled part of ways; (vi) any vehicle with a gross vehicle weight rating of more than 10,000 pounds; and (vii) any vehicle excluded from the definition of “motor vehicle” in chapter 90.

“Owner”, a person or business who owns, leases or otherwise has the legal right to use and possess a motor vehicle or the agent of such person.

“Trade secret”, anything tangible or intangible or electronically kept or stored, which constitutes, represents, evidences or records a secret scientific, technical, merchandising, production or management information, design, process, procedure, formula, invention or improvement.

Section 2. (a) Except as provided in subsection (d), for vehicles manufactured in 2002 and thereafter, a manufacturer of motor vehicles sold in the commonwealth shall make available for purchase by owners of motor vehicles manufactured by such manufacturer and by independent repair facilities the same diagnostic and repair information, including repair technical updates, that such manufacturer makes available to its dealers and authorized repair facilities through the manufacturer’s Internet-based diagnostic and repair information system or other electronically accessible manufacturers repair information system. All content in any such manufacturer’s repair information system shall be made available to owners and to independent repair facilities in the same form and manner and to the same extent as is made available to dealers and authorized repair facilities utilizing such diagnostic and repair information system. Each manufacturer shall provide access to such manufacturer’s diagnostic and repair information system for purchase by owners and independent repair facilities on an hourly, daily, monthly or yearly subscription basis and upon such terms and at a cost no greater than the fair market value for such access and shall not discriminate against such owners or independent repair facilities as compared with the terms and costs charged to dealers or authorized repair facilities.

(b) For vehicles manufactured in 2002 and thereafter, each manufacturer of motor vehicles sold in the commonwealth shall make available for purchase by owners and independent repair facilities all diagnostic repair tools incorporating the same diagnostic, repair and wireless capabilities that such manufacturer makes available to its dealers and authorized motor vehicle repair facilities. Such tools shall incorporate the same functional repair capabilities that such manufacturer makes available to dealers and authorized repair facilities. Each manufacturer shall offer such tools for sale to owners and to independent repair facilities upon such terms and at a cost no greater than the fair market value for such tools and shall not discriminate against such owners or independent repair facilities as compared to the terms and costs charged by such manufacturer to dealers or authorized repair facilities.

(c) Commencing in 2015, except as provided in subsection (d), manufacturers of motor vehicles sold in the commonwealth shall provide access to their diagnostic and repair information system, as required under this section, through a non-proprietary vehicle interface device that complies with SAE J2534, or any successor as may be recognized or accepted by the United States Environmental Protection Agency for purposes of 40 CFR § 86.1808-01(f). Each manufacturer shall provide access to the diagnostic and repair information system through such interface device in the same form and in the same manner and provide the same diagnostic and repair information, including technical updates, as is made available to dealers and authorized motor vehicle repair facilities utilizing such information system.

(d) Manufacturers of motor vehicles sold in the commonwealth shall exclude diagnostic, service and repair information necessary to reset an immobilizer system or security-related electronic modules from information provided to owners and independent repair facilities. Information necessary to reset an immobilizer system or security-related electronic modules shall be obtained by dealers, authorized motor vehicle repair facilities, owners and independent motor vehicle repair facilities through the secure data release model system as currently used by the National Automotive Service Task Force or other known, reliable and accepted law enforcement Internet-based systems.

Section 3. Nothing in this chapter shall be construed to require a manufacturer to divulge a trade secret.

Section 4. Nothing in this chapter shall be construed to abrogate, interfere with, contradict or alter the terms of any agreement made by a manufacturer, dealer or authorized repair facility executed and in force as of the effective date of this chapter. On and after January 1, 2013, no person shall make or enter an agreement that purports to waive, avoid, restrict or limit a manufacturer’s compliance with this chapter and any such agreement shall be void and unenforceable.

Section 5. (a) Any violation of this chapter shall be deemed to be an unfair method of competition and an unfair or deceptive act or practice in the conduct of trade or commerce in violation of section 2 of chapter 93A. In addition to the remedies available under said chapter 93A, the court shall assess damages in an amount not less than $10,000 per violation.

(b) In the event of a dispute concerning the determination of fair market value under this chapter, the parties may agree to binding arbitration under the rules of the American Arbitration Association or, absent such agreement, either party may initiate an action in the superior court for relief under chapter 231A.

Bill Sponsors

More than 60 Massachusetts lawmakers, from both sides of the aisle and all parts of the state, have sponsored the Right to Repair bill (as originally filed at S. 104 and H. 102).

Senate Co-Sponsors

• SEN. JACK HART, SOUTH BOSTON, PRIMARY SENATE SPONSOR - FIRST SUFFOLK. Boston, ward 1, precinct 15, wards 6, 7 and 13, ward 14, precincts 1, 2, 4, 5 and 12 to 14, inclusive, wards 15, 16 and 17, ward 18, precincts 1 to 6, inclusive, and 21.
• Sen. Jennifer Flanagan - WORCESTER AND MIDDLESEX. Fitchburg, Gardner, Leominster, Bolton, Clinton, precincts 1 and 2, Lancaster, Lunenburg, Sterling and Westminster, in the county of Worcester; and Ashby and Townsend, in the county of Middlesex.
• Sen. Robert Hedlund - PLYMOUTH AND NORFOLK. — Duxbury, Hingham, Hull, Marshfield, Norwell and Scituate, in the county of Plymouth; and Cohasset and Weymouth, in the county of Norfolk.
• Sen. Michael Knapik - SECOND HAMPDEN AND HAMPSHIRE. — Chicopee, ward 1, precincts A and B, ward, 3, precincts A to C, inclusive, ward 6, precincts A and B, ward 7, precincts A and B, ward 8, precincts A and B, ward 9, precincts A and B, Holyoke, Westfield, Blandford, Chester, Granville, Montgomery, Russell, Southwick and Tolland, in the county of Hampden; and Easthampton and Southampton, in the county of Hampshire.
• Sen. Thomas McGee – THIRD ESSEX AND MIDDLESEX. — Lynn, Marblehead, Nahant, Saugus, precincts 1, 3 to 5, inclusive, 7 to 9, inclusive, and Swampscott, in the county of Essex; and Melrose,wards 6 and 7, in the county of Middlesex.
• Sen. Michael Moore - SECOND WORCESTER. Worcester, wards 5 to 8, inclusive, Auburn, Grafton, Leicester, Millbury, Shrewsbury and Upton
• Sen. Anthony Petrucelli - FIRST SUFFOLK AND MIDDLESEX. – Boston, ward 1, precincts 1 to 14, inclusive, ward 3, precincts 1 to 6, inclusive, and ward 5, precinct 3, Revere, wards 1 to 5, inclusive, and Winthrop, in the county of Suffolk; and Cambridge, wards 1 and 2, ward 3, precincts 1 and 3, wards 4 and 5, and ward 8, precinct 3, in the county of Middlesex.
• Sen. Richard Ross - NORFOLK, BRISTOL AND MIDDLESEX. — Franklin, precincts 2 to 4, inclusive, Millis, Needham, Norfolk, Plainville, Wellesley, precincts B, F and G, and Wrentham, in the county of Norfolk; Attleboro, wards 1 and 2, ward 3, precinct A, and North Attleborough, in the county of Bristol; and Natick, precincts 6, 7, 9 and 10, Sherborn and Wayland, in the county of Middlesex
• Sen. James Timilty - BRISTOL AND NORFOLK. Attleboro, ward 3, precinct B, ward 4, precincts A and B, ward 5, precincts A and B, ward 6, precincts A and B, Mansfield, Norton, Rehoboth and Seekonk, in the county of Bristol; and Dover, Foxborough, Medfield, Sharon, precincts 1, 4 and 5, and Walpole, in the county of Norfolk.
• Sen. James Welch - HAMPDEN — Chicopee, ward 2, precincts A to D, inclusive, ward 4, precincts A to C, inclusive, ward 5, precincts A and B, and Springfield, wards 1, 3 and 4, ward 5, precincts A and B, ward 6, and Agawam and West Springfield.
• Sen. Daniel Wolf - CAPE AND ISLANDS.— Barnstable, precincts 1 to 9, inclusive, and 13, Brewster, Chatham, Dennis, Eastham, Harwich, Mashpee, Orleans, Provincetown, Truro, Wellfleet and Yarmouth, in the county of Barnstable; Aquinnah, Chilmark, Edgartown, Gosnold, Oak Bluffs, Tisbury and West Tisbury, in the county of Dukes County; and Nantucket, in the county of Nantucket.

House Co-Sponsors