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Federal Judge Delays Right To Repair Ruling … Again
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By Counterman
The CAR Coalition has reported that Massachusetts Attorney General Andrea Joy Campbell is prepared to move forward with the Massachusetts Right to Repair law.
Ballot Question 1, which updated the state’s landmark 2013 Right to Repair law, passed with 75% of the vote in November 2020. Since then, automakers have kept the law tied in up federal court in an effort to block its implementation.
While a federal judge has delayed ruling on the automakers’ lawsuit on six occasions, the attorney general recently issued notice that she intends to enforce the law effective June 1:
“The people of Massachusetts deserve the benefit of the law they approved more than two years ago. Consumers and independent repair shops deserve to know whether they will receive access to vehicle repair data in the manner provided by the law. Auto manufacturers (“OEMs”) and dealers need to understand their obligations under the law and take action to achieve compliance.”
– Massachusetts Attorney General Andrea Joy Campbell
On the national stage, U.S. Rep. Neal Dunn recently re-introduced
link hidden, please login to view. HR 906, as introduced in Congress, aims to “ensure consumers have access to data relating to their motor vehicles, critical repair information and tools, and to provide them choices for the maintenance, service and repair of their motor vehicles, and for other purposes.”
“When it comes to repairing their automobiles, consumers deserve options,” said Dunn, a Florida Republican. “The REPAIR Act would give owners, including the rural communities in my district, secure access to critical data so their chosen service center can replace parts and repair their vehicles. I am proud to support competition in the vehicle repair industry.”
Dunn is a member of the House Energy and Commerce Committee, which has responsibility for consumer protection, among several other topics. The bill was referred to the committee on Feb. 9.
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By Counterman
On Feb. 9, U.S. Rep. Neal Dunn re-introduced federal Right to Repair legislation.
HR 906, as introduced in Congress, aims to “ensure consumers have access to data relating to their motor vehicles, critical repair information and tools, and to provide them choices for the maintenance, service and repair of their motor vehicles, and for other purposes.”
“When it comes to repairing their automobiles, consumers deserve options,” said Dunn, a Florida Republican. “The REPAIR Act would give owners, including the rural communities in my district, secure access to critical data so their chosen service center can replace parts and repair their vehicles. I am proud to support competition in the vehicle repair industry.”
Dunn is a member of the House Energy and Commerce Committee, which has responsibility for consumer protection, among several other topics. The bill was referred to the committee on Feb. 9.
The bipartisan bill has three co-sponsors: Reps. Brendan Boyle (Pennsylvania) and Marie Gluesenkamp Perez (Washington), both Democrats, and Rep. Warren Davidson, a Republican (Ohio).
“There are hundreds of neighborhood mechanics in Philadelphia,” Boyle said in a news release. “The last thing those small business owners need is to be boxed out of making a living. This legislation would not only protect the business relationships between automobile owners and their mechanics, but it also ensures consumers continue to have more options on where to go for repairs.”
Aftermarket trade groups applauded the legislation. In a news release on behalf of MEMA Aftermarket, the CAR (Consumer Access to Repair) Coalition and SEMA, the Auto Care Association said:
“The legislation will ensure the preservation of consumer choice, a fair marketplace and the continued safe operation of the nation’s 292 million registered passenger and commercial motor vehicles, 70% of which are maintained by independent repair facilities.”
According to the Auto Care Association, the Right to Equitable and Professional Auto Industry Repair (REPAIR) Act will accomplish this by:
Preserving consumer access to high-quality and affordable vehicle repair by ensuring that vehicle owners and their repairers of choice have access to necessary repair and maintenance tools and data as vehicles continue to become more advanced. Ensuring access to critical repair tools and information. All tools and equipment; wireless transmission of repair and diagnostic data; and access to onboard diagnostic and telematic systems needed to repair a vehicle must be made available to the independent repair industry. Ensuring cybersecurity by allowing vehicle manufacturers to secure vehicle-generated data and requiring NHTSA to develop standards for how vehicle generated data necessary for repair can be accessed securely. Providing transparency for consumers by requiring vehicle owners be informed that they can choose where and how to get their vehicle repaired. Creating a stakeholder advisory committee and providing them with the statutory authority to provide recommendations to the FTC on how to address emerging barriers to vehicle repair and maintenance. Providing ongoing enforcement by establishing a process for consumers and independent repair facilities to file complaints with the FTC regarding alleged violations of the requirements in the bill and a requirement that the FTC act within five months of a claim. “As vehicle technology continues to advance, new barriers to a competitive auto repair market are emerging,” Auto Care said. “These barriers limit consumer choice in where to repair their motor vehicles and increase the cost to repair and maintain vehicles. The REPAIR Act will reduce these barriers, putting consumers’ interests first.”
Momentum for Right to Repair
Momentum has been building for Right to Repair in recent years.
In November 2020, Massachusetts voters overwhelmingly voiced their support for Ballot Question 1 (also known as Right to Repair) with 75% of the vote, which preserves their right as vehicle owners to have access to and control of their vehicle’s mechanical data necessary for service and repair at the shops of their choice.
In May 2021, the Federal Trade Commission released its
link hidden, please login to view, which highlighted barriers that vehicle manufacturers have instituted to squash a consumer’s right to repair. The FTC has said it strongly supports expanding consumer repair options and found “scant evidence” for repair restrictions imposed by OEMs. In July 2021, President Biden issued the “
link hidden, please login to view” executive order, which encouraged the FTC to address anti-competitive repair restrictions. In December 2022, the Digital Fair Repair Act was signed into law by New York Gov. Kathy Hochul, and in January 2023, John Deere signed an MOU with the American Farm Bureau Federation. The REPAIR Act is the only bill that addresses vehicle maintenance and repair restrictions, including heavy-duty vehicles the U.S. economy depends on for freight transport.
Automotive aftermarket companies can urge legislators in their district to also co-sponsor the bill by visiting
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By NAPA
Finding a Mode for Every Mood and Move You Make
Driving mode controls are a relatively new technology leveraged to offer you the best, most personalized driving experience possible. Access to mode controls and select traction systems has revolutionized the market of available vehicles that respond to performance cues. Driving modes include flexible ways to improve towing capability, fuel efficiency and controls for weather conditions like sleet, ice, wind and snow.
For example, Tow / Haul mode allows the transmission to hold gears longer when engaged. This protects the transmission from damage caused by towing heavy objects at low RPMs. It also makes it easier to drive up steep terrain while pulling.
Modern automobile manufacturers have engineered ways to stylize your driving preference using various systems. Each driving mode option serves a specific purpose for when, where and how you drive. Every mode choice improves your vehicle’s performance in a specific area and works to adjust the steering throttle and engine control functions that respond to road conditions.
Modes of driving include:
Economy / Tour Comfort Smart / EV Only Off-Road All-Terrain All-Weather Snow Mode Tow Mode Sport or Sport+ V-Max +R (Track Mode/Racing Mode) Leveraging your
link hidden, please login to view, traction system and desired reaction to road conditions is paramount to comfortable driving. You can switch on any driving mode at any time, even while in motion. Sophisticated electronic vehicle systems allow you to master seasonal driving changes and can even keep you safe in harsh conditions. The Snow and Ice drive mode feature improves performance across slick road conditions by altering your pedal map and torque response.
link hidden, please login to view saves on fuel consumption costs by adjusting how the engine and link hidden, please login to view function together. This can decrease your vehicle’s power output, which protects the environment and improves your miles per gallon. Transform Your Driving Experience link hidden, please login to view
As you explore customizing your driving style, you’ll discover that several driving modes will improve your experience on the road. Personalizing your commuter sedan, hard-working pickup truck or deluxe SUV is more accessible than ever. In-demand driving mode technology allows you to ride in luxury or rule the road. With features like automatic engine starting and advanced all-wheel drive toggles, performance tech is at your fingertips.
Driving modes have transformed drive time into fun, tailored experiences that can change from circumstance to circumstance. Although some vehicles only have a few options, others feature nearly a dozen or more choices. Switching between driving modes is more commonly included in newer model cars, trucks and SUVs.
Depending on your vehicle, you have several performance settings to navigate from like Snow, Ice, Mud, Sand, Towing and Steep Terrain. Add to that list racetrack settings and velocity boosting elements. Keep in mind, the various modes might have different names depending on your vehicle’s make and model.
For example, Tour mode is in line with Eco mode. At the same time, you can use the Terrain mode on low speed through mountainous terrain, but it is also good for pulling boats out of the water, launching a boat and mild off-roading adventures. This is similar to Off-Roading mode, which improves your traction when the surface below your vehicle is less than ideal.
When the Sport or Track mode is activated, you can tighten the front seat side bolsters. Depending on your vehicle, the active exhaust will open, and the car won’t cut power when you go sideways due to all traction-related systems turning off temporarily. Sport modes are so much fun to try, but you should only test them on a safe, open track with an experienced driver at the wheel. Sport mode variants can also include the ability to stiffen the suspension, which reduces the car’s traction.
In general, the road condition options like Mud, Sand, Snow and Rock modes are for specified situations and terrains. While in Sand mode, your ride might have an extra sensitive throttle control to allow for more wheel slip so you can maintain momentum as you drive. Rock mode will adjust the traction control system to dampen the throttle response, letting you experience a less bumpy ride. This usually requires you to select a low-range setting for activation.
On most vehicles, the driving mode is connected to the engine control module (ECU) to control the engine, transmission,
link hidden, please login to view and brakes. This offers power maps for different driving conditions. Each mode alters engine functions to suit your choice, and you can pick the mode you prefer as you commute. Modern Vehicle Technology Supported by NAPA
Smart system-wide support birthed a new driving experience where you can develop on-road skills, making it safer and more fun to cruise the streets. Take the variations in Sport mode, for example, which enable that car, truck or SUV to react sharply and in style.
Adjusting driving dynamics is an automatic function in some vehicles. Imagine commuting across the country and going from sandy terrain into a mountainous snow range. Now, picture your vehicle automatically toggling between your vehicle’s ideal driving mode based on your preferences, road conditions and weather. Won’t it be thrilling to drive on cruise control, and your ride automatically switch from Comfort or Economy into sport mode when you hit the open, backcountry pavement?
In part, driving modes have improved all-season driving safety by eliminating common driving issues using advanced sensors that predict the road. Extra safety is paramount when driving in winter conditions, and Snow / Ice and Rain mode can significantly reinforce your traction. Snow mode is known for dialing back your throttle response, increasing the stability of your traction control system and reducing wheel spin.
Different road conditions and your own brand of driving contribute to your vehicle’s unique characteristics; therefore, you must investigate to choose the best driving mode for you. Browse through all the
link hidden, please login to view that NAPAOnline.com offers for improving your Sport mode. For advice and expert tips from our technicians on enhancing your ride, visit one of link hidden, please login to view. The next time you drive, play with the different modes and see how you and your vehicle respond. Featured image courtesy of
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By Counterman
In November 2020, Massachusetts voters overwhelmingly approved an update to the state’s landmark Right to Repair law, requiring automakers to provide a platform that enables motorists to access and control their vehicles’ telematics data.
While the passage of Ballot Question 1 was a huge win for the automotive aftermarket, it’s unclear when the provisions of the legislation will see the light of day.
After voters approved the ballot measure by a 75% to 25% margin, a coalition of automakers – the Alliance for Automotive Innovation – filed a lawsuit seeking to overturn the ballot question based on a litany of allegations, including cybersecurity concerns; insufficient time to comply with the new data-access requirements; and their contention that the ballot initiative is preempted by federal law.
Over the past two years, the automakers have managed to keep the case tied up in court. Attorney General Maura Healey has idled the legislation until the lawsuit is resolved.
Recently, it was reported that the Alliance for Automotive Innovation and the state attorney general’s office have submitted scheduling proposals for further proceedings in the litigation.
In its proposal, the
link hidden, please login to view states: “While it remains the plaintiff’s position that the OEMs cannot comply with the plain language of the Data Access Law without violating their safety obligations under the Vehicle Safety Act, plaintiff understood the court to request a more robust discussion of the statutory interpretation issues that hopefully could narrow areas of disagreement. We are not off to an encouraging start. Worse, the attorney general couples her reiterated interpretations with an accelerated schedule that will ensure this endeavor fails. The attorney general’s proposed schedule simply does not allow time for a deeper dive on these interpretation questions.” The alliance proposed being given until Sept. 22 to review and reply to the AG’s proposal with the hopes of conferring and submitting a single clarified document on or before Oct. 14.
“It’s been nearly two years since the people of Massachusetts voiced their strong desire for more choice and competition when it comes to auto repairs,” Justin Rzepka, executive director of the CAR Coalition, said in response to the latest activity in the case. “As this case continues to drag on, Congress cannot wait – it must act on federal Right to Repair solutions, like the REPAIR and SMART Acts, to restore choice and empower businesses to service car owners that want options.”
Meanwhile, in Washington, D.C., the Committee on Small Business Subcommittee on Underserved, Agricultural, and Rural Business Development will hold a
link hidden, please login to view on Right to Repair at 10 a.m. EST on Wed., Sept. 14. Witnesses include the executive director of the Repair Association, which link hidden, please login to view, along with representatives from a New Hampshire-based tech shop and Maine family farm. The post
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By Counterman
The U.S. automotive aftermarket has experienced several victories when it comes to Right to Repair, which secured the consumer’s right to choose where they get their vehicle maintained and repaired.
This right was secured twice in Massachusetts: first in 2012, resulting in a nationwide memorandum of understanding (MOU) with automakers for vehicle diagnostic and maintenance data from the OBD, and again in 2020 for wirelessly generated vehicle data.
Contrary to the will of Massachusetts voters, soon after the win in 2020, the automakers filed a lawsuit to overturn this 2020 victory for consumer rights and we are still waiting on a decision from the judge.
As the industry awaits the long-anticipated decision on the Right to Repair court case in Massachusetts, the auto care industry continues the fight for safe and secure access to vehicle maintenance and repair data on the national and international stage. On the federal front, the Auto Care Association has worked to gain support for the
link hidden, please login to view to secure the Right to Repair for all Americans, but time is running out to secure co-sponsors in this Congress. Due to currently competing legislative priorities (supply chain shortages, war, inflation), it is likely the REPAIR Act bill will need to be reintroduced in 2023. In response to the need to continued momentum and even more engagement on the issue, members of the Auto Care Association’s
link hidden, please login to view are asking for the industry to partake in a “Right to Repair Awareness Month” this July. “It’s critical to engage our 4.4 million brothers and sisters in this battle for independence,” said Bill Hanvey, president and CEO of the Auto Care Association. “We must continue a steady drumbeat and add more voices to our story. That’s why this July, we’re launching Right to Repair Awareness Month to ensure that every colleague, peer and coworker knows what Right to Repair is and why they need to get involved.”
Anyone in the industry can join the Right to Repair Awareness Month effort by doing two simple things:
Share your support for Right to Repair throughout the month of July and what it means to you on social using the hashtag #righttorepair. The Auto Care Association has created a link hidden, please login to view for eye-catching communications. Be an ambassador within your organization: spread the word about Right to Repair Awareness Month with your supervisor. Ask your HR department to send this company-wide and use resources from the association’s media kit to educate your company and encourage your employees or colleagues to also take 30 seconds to link hidden, please login to view to their local legislator via the association’s Action Center. Additional resources, including full briefs on Right to Repair can be found on the Auto Care Association website for both the
link hidden, please login to view and link hidden, please login to view levels. Companies that partake in employee education efforts will be recognized. Send details about your participation in the Right to Repair Awareness Month to [email protected]
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