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Auto clubs endorse Massachusetts 'right to repair' ballot question

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Officials at AAA of Pioneer Valley in West Springfield and AAA of Southern New England in Providence said they want voters to vote "yes" on Question 1 on the Nov. 6 ballot.

BOSTON — Two auto clubs are urging voters to approve a "right to repair" ballot question in Massachusetts, saying a compromise law does not go far enough in helping vehicle owners control repair information that can be sent via mobile communications.

Officials at AAA of Pioneer Valley in West Springfield and AAA of Southern New England in Providence said on Monday they want voters to vote "yes" on Question 1 on the Nov. 6 ballot. The two clubs are rejecting a plea by top legislators for voters to "skip" the ballot question and allow the compromise law to stand.

Under the ballot question and the compromise law, auto makers would be required to sell to independent shops or individual car owners all the computer software they need to correctly figure out the problems of every vehicle make and model. Manufacturers would need to give to the independent shops – including national retailers such as NAPA Auto Parts – the same diagnostic and repair information made available to dealers and authorized repair shops.

State legislators and Gov. Deval L. Patrick approved a compromise law that was supported by representatives of auto manufacturers and a committee pushing the "right to repair" ballot question. However, the question is still on the ballot because the law was approved after a July 3 deadline for removing a question from the ballot.

AAA of Southern New England sent out an e-mail to members over the weekend, urging approval of the ballot question and saying the compromise law is plagued by loopholes. AAA of Pioneer Valley expects to send a similar e-mail to members in Western Massachusetts this week.

2009-Sandra-Marsian.JPGSandra Marsian

Sandra J. Marsian, a vice president for AAA of Pioneer Valley, and John Paul, manager of traffic safety for AAA of Southern New England, said the ballot question would allow vehicle owners to control information from "telematics," an emerging technology that allows vehicle manufacturers to send and receive repair information to vehicles via mobile communications.

On the other hand, the compromise law would allow vehicle manufacturers to retain the information from telematics, according to Paul and Marsian.

Marsian said there is no negative to the ballot question when it comes to assuring car owners get all the information they need. She lauded approval of the compromise law, but said it lacks a measure to give owners a say over telematics.

"Today, with the evolution of telematics, your car is a rolling computer that generates a significant amount of information about the health state of your car," she wrote in an e-mail. "In late model vehicles manufactured over the past several years, electronic data is produced by the vehicle that can inform its owner of an under-inflated tire, a nearly-dead battery, worn brake pads and a host of other information that can directly affect the safety of you and your passengers. It’s AAA’s position that the owner of the vehicle owns this information and should have access to it whenever needed."

Daniel Gage, a spokesman for the Alliance of Automobile Manufacturers in Washington, said there is a host of issues surrounding telematics including consumer safety, privacy and intellectual property. Gage said he was disappointed in the stance of AAA.

Until the technology is in place and being utilized, it is wise to exclude it from a law, he said.

"It's tough to legislate on something that doesn't exist," Gage said.

Both sides of the debate joined at a Statehouse press conference last month to say that "right to repair" is already law in Massachusetts and that the ballot question is no longer needed.

Gage said people should skip the ballot question since the law has been passed.

Polls have shown that the ballot question is likely to pass. If it's approved, the ballot question would trump the state law.

The compromise law would take effect for new model year 2018 vehicles, while the ballot initiative, if passed, would start with model year 2015.

The ballot law also contains a measure that would ban manufacturers from selling in Massachusetts if they can't comply by 2015.

Two top authors of the compromise law, state Rep. Theodore C. Speliotis, a Danvers Democrat, and state Sen.Thomas P. Kennedy, a Brockton Democrat, held a press conference last month to ask voters to pass over the ballot question. They said the new law is a good compromise and the ballot question was no longer necessary.

If the "right to repair" referendum is approved, Kennedy said legislators would consider approving the compromise law again, possibly with some changes to incorporate parts of the ballot question.

Arthur Kinsman, coordinator of the Massachusetts Right to Repair Committee, which sponsored the ballot question, said the group is seeking to educate people that a law has passed and that the group is pleased the law was approved. But the group is not advising people on whether they should support or skip the question, he said.


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