WESTERN MASS. – The Massachusetts Right to Repair Initiative also known as Question 1, will be on the 2020 election ballot. This question asks whether or not people should be allowed to choose what repair shops they go to or whether they should be required to go to big dealerships for repairs.

The first Right to Repair law was passed in 2012 with 86 percent for and 14 percent against. It was to require vehicle owners and independent repair shops in Massachusetts have access to the same vehicle diagnostic and repair information made available to the manufacturers' Massachusetts dealers and authorized repair facilities.

However, a loophole was found in the technology that has been advanced in the automotive industry and now it's going back into the ballot. This 2020 Right to Repair Initiative is an update to the law to cover wireless communications called telematics.

Director of the Right to Repair Coalition Tommy Hickey said, “In this year 2020, 90 percent of new cars have this telematic capability giving car manufacturers a monopoly on any wireless diagnostic repair commission that they generate through telematics system.”

He continued, “We decided on an initiative that propose that loophole, mandating that car manufacturers give car owners direct access to their wireless diagnostic and repair information which allows them to authorize with their permission an independent repair shop or dealership of their choice for their car repair. This is about mechanical information. It’s limited to mechanical information necessary to diagnose, maintain and repair the car.”

Executive Director Evangelos Papageorg of Alliance of Automotive Service Providers (AASP) Massachusetts explained, “The overall benefit is directly to the consumer from a cost stand point. From the body shop side of the equation, it’s important to us because it cuts down on what's called cycle time from the time the vehicle comes in until it leaves the body shop. It also affects the liability as collision repairists if we don’t have all the car information and access to it at our shops.”

As Papageorg noted, by increase in the cycle time which means more rentals. A lot of the expenses dealing with the cost of the repair go up because typically – he mentioned – the body shop rate is lower than what goes on at a dealership. The overall cost of the repair goes up, and the premium goes up.

Owner Gary Cloutier of Cloots Auto Body in Westfield is hoping the yes vote is the one that prevails and they’re able to change it. “The manufacturers for too long have had a stranglehold and have been able to close out small shops like myself from obtaining the necessary equipment and information to be able to help customers when they have a problem,” Cloutier said.

Vice President Nicole J. Palange of V&G Auto in Agawam would like a yes in Question 1. “It's important for independent shops because the information that would be withheld will give us a disadvantage,” Palange responded. “It would take away business from us and an opportunity to repair vehicles and not give the consumers the ability to choose where they bring their vehicle. With supply and demand, it would drive the prices up for the consumers.”

James Stephenson, the owner of Precision Auto Repair in West Springfield sees both sides of the issue. "Cars are primarily computer controlled. Training for how to deal with these systems is very extensive and the equipment that we use to be able to work on them is very complicated. It's not a very easy task to get into these systems unless you have the proper tools and training which makes the potential for stealing information infinitely more difficult," he said.

Stephenson explained further, “The problem is in 2013 Massachusetts passed Right to Repair in the state and in 2014 it became federal law. That 2014 Right to Repair act basically excluded something called telematics.”

Stephenson expressed how telematics will allow him and any dealer access to a customer’s telematics data with the consumer’s consent through an app that will allow the consumer to grant or revoke access at will. It allows them that access so that they can remotely view some of these issues in real time as they're happening.

By allowing a consumer access to their own information it doesn’t necessarily make them more vulnerable,” replied Stephenson. “What it does is it gives the consumer a choice as to where they want to have their vehicle serviced or repaired by essentially leveling the playing field and giving everyone involved in the repair process access to the same data."

Owner Ed Nalewanski Ed’s Auto Body and Repair in Easthampton was a part of the first initial Right to Repair. Since then, he said, different constraints are being put on different systems in the car and they’re not able to communicate with certain aspects of the car that they need to repair them properly. “Everything that I do at my shop with collision repair or any kind of repair on a car has changed,” said Nalewanski. “I can’t change a mirror without it setting some kind of diagnostic trouble code and us having to get into the computer system to let it know that there’s a new part on the car.”

Every car that comes in and out of his facility is checked with a computer for any diagnostic trouble codes that are currently in the car.

“We need the ability to tell the computers that these parts are back in and functioning properly. If we can’ do that, every car that I work on has to go back to a dealer to get the codes clear,” Nalewanski added. “All we want is information to be able to repair the car whether it’s a drivability problem, mechanical problem or a collision repair problem. No personal data this is all drivability and maintaining a vehicle.”

Store manager Shana Rochefort at the NAPA (National Automotive Parts Association) in East Longmeadow said a yes vote will keep them in business. Their replacement parts are designed to meet what they term “OE Specs” (Original Equipment specifications) Even though they are aftermarket, Rochefort stresses that they meet the specifications of the part originally manufactured for the vehicle. NAPA also does some product offerings such as a standard replacement and premium replacement where they improved on the design. On some vehicles, they offer the same part that would be purchased at the dealership. On the other hand, Rochefort expressed a no vote will be detrimental to their market.

“Maybe not in its early stages, but sooner half of the market repair facilities will be closing their doors because they won’t be able to generate enough business to cover rent, payroll, all the equipment they need, the shop supplies, etc. If that happens, then the automotive parts stores are going to end up right behind it,” Rochefort explained.

She continued, “A yes vote will affect dealership's ability to increase their business, but for me it’s not going to affect much of anything the way they run currently. There are certainly people that are more comfortable to return to dealerships. You’ll have your warranty issues for the first few years, but some people just prefer that. Maybe certain repairs you would want to go back to the dealership”

One morning on her way to work, an engine blew on her 2009 Honda accord. With the help of a few friends she was able to replace the engine with a used one from a salvage yard and some replacement parts from NAPA. However, there was a recall on the four-cylinder engines in that specific car, which may have been what caused the engine to go. Rochefort called a few shops and found out there were specialty tools needed for the repair, which was what lead her to the dealer shop.

“We can stay for some time on regular maintenance such as break jobs or steering into stick shift repair, but how far does this go on the no vote,” Rochefort added.

Director of the Right to Repair Coalition Tommy Hickey concluded, “This is about choice. Voting yes is not going to stop people’s choice of going to the dealership. This allows them to share this information with a dealership or independent repair.”

General Manager Myron Callender of Lia Toyota of Northampton said, “I’m not authorized to speak on this.” Service Director Ryan Williams of Balise Chevrolet Buick GMC in Springfield said “no comment.”

Reminder Publishing contacted Mercedes–Benz of Springfield and Central Chevrolet to find out their stance on question one. but did not receive comment by press time.