Question 1 - Motor Vehicle Mechanical Data

Summary

This proposed law would require that motor vehicle owners and independent repair facilities be provided with expanded access to mechanical data related to vehicle maintenance and repair. Starting with model year 2022, the proposed law would require manufacturers of motor vehicles sold in Massachusetts to equip any such vehicles that use telematics systems –- systems that collect and wirelessly transmit mechanical data to a remote server –- with a standardized open access data platform. Owners of motor vehicles with telematics systems would get access to mechanical data through a mobile device application. With vehicle owner authorization, independent repair facilities (those not affiliated with a manufacturer) and independent dealerships would be able to retrieve mechanical data from, and send commands to, the vehicle for repair, maintenance, and diagnostic testing. Under the proposed law, manufacturers would not be allowed to require authorization before owners or repair facilities could access mechanical data stored in a motor vehicle's onboard diagnostic system, except through an authorization process standardized across all makes and models and administered by an entity unaffiliated with the manufacturer. The proposed law would require the Attorney General to prepare a notice for prospective motor vehicle owners and lessees explaining telematics systems and the proposed law's requirements concerning access to the vehicle's mechanical data. Under the proposed law, dealers would have to provide prospective owners with, and prospective owners would have to acknowledge receipt of, the notice before buying or leasing a vehicle. Failure to comply with these notice requirements would subject motor vehicle dealers to sanctions by the applicable licensing authority. Motor vehicle owners and independent repair facilities could enforce this law through state consumer protection laws and recover civil penalties of the greater of treble damages or $10,000 per violation.

A "YES" vote would provide motor vehicle owners and independent repair facilities with expanded access to wirelessly transmitted mechanical data related to their vehicles’ maintenance and repair.

A "NO" vote would make no change in the law governing access to vehicles’ wirelessly transmitted mechanical data.

Arguments

"This is really a fight for Massachusetts consumers. Without this information, people may lose the choice to bring their car to an independent repair shop.", in support of Question 1 (Learn more)

"We need to update the Right to Repair law before wireless technologies remove the car owner’s right to get their vehicle repaired at our local, independent shop because the automaker would rather steer them towards one of their more expensive dealers. This is common-sense reform.", in support of Question 1 (Learn more)

"Massachusetts voters voted 86% in 2012 to require car companies to give access to repair information and diagnostics. But now big auto is using the next generation of wireless technology to get around our law, shut out independent repair shops, and cost car owners more money. That’s not what we voted for.", in support of Question 1 (Learn more)

"This ballot question will create easy opportunities for strangers, hackers and criminals to access consumer vehicles and personal driving data–including real-time location. It will put people at risk, without doing anything to improve the consumer experience.", in opposition to Question 1 (Learn more)

"\[T]his initiative is really about third parties seeking bi-directional remote access to a consumer’s driving habits, patterns, and location in real-time. Such a far-reaching mandate risks making personal data readily available to third parties and creates absolutely no safeguards for how consumer information is stored, protected, or used afterwards. Simply put, while manufacturers remain committed to allowing consumers to decide where to take their vehicle for repair and maintenance needs, there is no scenario in which real-time, remote access by third parties would be necessary to diagnose or repair a vehicle.", in opposition to Question 1 (Learn more)

Measure Details