Massachusetts ‘Right to Repair’ comes into force

by | Jun 5, 2023 | 0 comments

Significant developments have occurred in the high profile Massachusetts “Right to Repair” case as a judge presiding over an automaker group’s bid to have the Data Access Law quashed has refused that group’s bid to prohibit enforcement of the law.

The Massachusetts case goes back to a proposition included in the 2020 U.S. federal election to allow independent aftermarket service providers access to repair information.

Under the law any OEM that sells a vehicle in the state that utilizes a telematics system “shall be required to equip such vehicles with an inter-operable, standardized and open access platform across all of the manufacturer’s makes and models.”

Almost immediately, however, the right to repair legislation came under fire from automakers.

The Alliance for Automotive Innovation which represents the automaker interests has claimed that providing access as laid out in the Right to Repair law creates extensive cybersecurity issues and that they could not comply “safely” and is also superseded by federal laws. The two-and-a-half years of legal wrangling is expected to continue as a final decision has yet to be issued by the court.

While the judge, who has been presiding over the lawsuit since the onset has not yet indicated when a final decision would be forthcoming on the case, this refusal to grant an injunction preventing its enforcement means that effective June 1 the Data Access Law is legally in force.

Massachusetts Attorney General had previously filed documents declaring the intention to press ahead with enforcement.

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