https://www.wbur.org/news/2023/06/14/federal-highway-traffic-mass-telematic-data

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Federal government tells carmakers not to comply with Massachusetts'
'right to repair' law

June 14, 2023

  * Chris Lisinkski, State House News Service

  

A Massachusetts law requiring automobile manufacturers to boost
access to telematic vehicle data "conflicts with and therefore is
preempted" by federal law, the National Highway Traffic Safety
Administration said Tuesday.

The federal government's highway division effectively told
manufacturers not to comply with the Bay State's telematic data law,
which has been mired in a legal battle since voters enacted it via
ballot question in 2020. The law's supporters have hoped that it will
broaden access to vehicle information to give consumers more choices
when they need repairs.

In a letter to companies filed in federal court, NHTSA officials said
the Massachusetts law "poses significant safety concerns" because the
access to vehicle telematic data it requires could allow for
manipulation of steering, acceleration, braking and air bags.

"A malicious actor here or abroad could utilize such open access to
remotely command vehicles to operate dangerously, including attacking
multiple vehicles concurrently," NHTSA Assistant Chief Counsel for
Litigation and Enforcement Kerry Kolodziej wrote. "Vehicle crashes,
injuries, or deaths are foreseeable outcomes of such a situation."

Kolodziej concluded that NHTSA "expects vehicle manufacturers to
fully comply with their Federal safety obligations," which in the
agency's opinion preempt the voter-approved state law.

The letter drew sharp criticism from independent auto repair shops
and other groups that fought for passage of the reform, which sailed
through at the ballot box with 75% of voters in support and 25%
opposed.

Related:

  * Mass. Voters Say 'Yes' On Question 1, Expanding Access To Car
    Repair Data
  * A 'Right To Repair' Sequel: Mass. Ballot Question 1, Explained

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