Question 1 would make manufacturers' repair data and diagnostic codes for vehicles more easily available to individuals, independent auto mechanics and big retailers such as Advance Auto Parts.
Mike Reardon, left, manager of the WestSide Tire and Auto Service in West Springfield, and Pete Kearing, right, owner of the business, look over a car being worked on in their garage in 2010.Voters in Massachusetts on Nov. 6 will be asked to approve a "right to repair" law in a ballot question that will settle a long dispute between auto manufacturers and independent repair shops.
The question seeks to mandate that auto manufacturers provide all the most recent diagnostic and repair information through a non-proprietary software system and tools that could be purchased at "fair market value" by independent repair businesses and individuals.
Question 1 is also about who controls the technology of the future. Supporters said approval of the ballot question would assure that auto makers share information when it becomes routine to use telecommunications similar to OnStar to remotely diagnose and repair vehicles, maybe even while they are moving.
Supporters of the ballot question said it could help reduce repair costs and provide consumers more choices when getting their vehicles repaired.
Opponents, including automaker trade groups, say the bill is too stringent and could require them to re-design existing models. Manufacturers also argue that they already give repair shops important access to information in the same way it is provided to dealers. The automaker trade groups have raised about $300,000 and spent $195,000 this year on Question 1.
Manufacturers also point out that companies and industry organizations are financing the ballot question to help get their way on the issues. The Massachusetts Right to Repair Committee raised about $1.8 million including about $900,000 from the Automotive Aftermarket Industry Association in Maryland and $150,000 apiece from AutoZone in Memphis and Advance Auto Parts in Virginia.
Arthur KinsmanOpponents favor a compromise "right to repair" law passed on Beacon Hill in early August that was backed by both sides of the ballot question. They are asking voters on a web site to skip Question 1.
But the question will still appear on the ballot because the compromise law was passed after a July 3 deadline for taking a question off the ballot.
People on both sides of the debate had agreed to back the compromise law and had urged voters to pass over or "skip" the ballot question.
That agreement fell apart about two weeks ago.
Since he appeared at the Statehouse press conference to support the compromise, Arthur Kinsman, spokesman for the Massachusetts Right to Repair Committee, said he has received "overwhelming" feedback from people that the ballot question should still be pushed, partly because the ballot question provides a stronger "right to repair" law than the compromise.
Kinsman's coalition is now urging people to vote "yes" on Question 1.
"The Massachusetts Right to Repair Committee embarked on an outreach campaign with voters and our thousands of coalition members to inform them about the powerful new law. What we found .. is that consumers still overwhelmingly support a yes vote for question one," Kinsman said.
Matthew GodlewskiOfficials at AAA of Pioneer Valley in West Springfield and AAA of Southern New England in Providence said they also want voters to vote "yes" on Question 1.
Daniel J. Gage , a spokesman for the Alliance of Automobile Manufacturers in Washington, said that independent repair technicians and consumers can currently obtain diagnostic repair codes if they purchase access to a web site and buy the right tools.
"We are continuing with our campaign to educate voters on the benefits of the right to repair agreement that is now law," Gage said.
The compromise law, which coincidentally takes effect on election day, contains many of the same provisions in the ballot question, but is different on telecommunications and in a couple of other key ways.
Polls have shown that the ballot question is likely to pass. If it's approved, the ballot question would take precedence over the state law, but the state law would be in place until Jan. 1.
Auto makers like the compromise because it provides more time and does not lock them into using one standard interface for transmitting repair codes and other information, as the ballot question requires. They have said that technology is too old and could be ineffective.
The ballot law also contains a punitive measure that would ban manufacturers from selling or leasing in Massachusetts if they can't comply by 2015.
Gage said auto makers are still committed to implementing all parties agreed to during compromise negotiations. He said his side is moving forward with its campaign to ask voters to skip the ballot question.
“Automakers applaud the fair and thoughtful way the Massachusetts Legislature addressed this difficult and complex issue," said a joint statement by the Alliance of Automobile Manufacturers and the Association of Global Automakers, the leading trade groups for the industry that together represent 26 vehicle manufacturers. "We continue to support the negotiated Right to Repair agreement that resulted and has since become law, a law that is in the best interests of Massachusetts voters, car owners and all parties involved.”
Sandra MarsianThe dispute is also over increasing use of technology to diagnose vehicle problems.
Sandra J. Marsian, a vice president for AAA of Pioneer Valley, said a newer-model car is a "rolling computer" that generates a lot of data about location, speed, repair and other information for owners. The ballot question would allow vehicle owners to control that computerized information and assure that it is provided to an independent mechanic if needed, she said.
However, the compromise law would allow vehicle manufacturers to retain the information , Marsian said.
Gage cited some complex issues involving telecommunications, including consumer safety, privacy and intellectual property. Until the technology is firmly in place and being utilized, it is smart to exclude it from a law, he said.
Automakers said they are concerned that right to repair could make Massachusetts a hub for business-to-business litigation over automotive parts design.
"Automakers remain committed to making available to the aftermarket
all the service and repair information that is provided to franchised dealers, provided that there is adequate protection for manufacturers’ intellectual property, feasible implementation timelines, and a reasonable enforcement program," said a letter on the issue cosigned by Matthew Godlewski, a vice president for the Alliance of Auto Manufacturers.