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Summary

This proposed law would prohibit any motor vehicle manufacturer, starting with model year 2015, from selling or leasing, either directly or through a dealer, a new motor vehicle without allowing the owner to have access to the same diagnostic and repair information made available to the manufacturer's dealers and in-state authorized repair facilities.

The manufacturer would have to allow the owner, or the owner's designated in-state independent repair facility (one not affiliated with a manufacturer or its authorized dealers), to obtain diagnostic and repair information electronically, on an hourly, daily, monthly, or yearly subscription basis, for no more than fair market value and on terms that do not unfairly favor dealers and authorized repair facilities.

The manufacturer would have to provide access to the information through a non-proprietary vehicle interface, using a standard applied in federal emissions-control regulations. Such information would have to include the same content, and be in the same form and accessible in the same manner, as is provided to the manufacturer's dealers and authorized repair facilities.

For vehicles manufactured from 2002 through model year 2014, the proposed law would require a manufacturer of motor vehicles sold in Massachusetts to make available for purchase, by vehicle owners and in-state independent repair facilities, the same diagnostic and repair information that the manufacturer makes available through an electronic system to its dealers and in-state authorized repair facilities. Manufacturers would have to make such information available in the same form and manner, and to the same extent, as they do for dealers and authorized repair facilities. The information would be available for purchase on an hourly, daily, monthly, or yearly subscription basis, for no more than fair market value and on terms that do not unfairly favor dealers and authorized repair facilities.

For vehicles manufactured from 2002 through model year 2014, the proposed law would also require manufacturers to make available for purchase, by vehicle owners and in-state independent repair facilities, all diagnostic repair tools, incorporating the same diagnostic, repair and wireless capabilities as those available to dealers and authorized repair facilities. Such tools would have to be made available for no more than fair market value and on terms that do not unfairly favor dealers and authorized repair facilities.

For all years covered by the proposed law, the required diagnostic and repair information would not include the information necessary to reset a vehicle immobilizer, an anti-theft device that prevents a vehicle from being started unless the correct key code is present. Such information would have to be made available to dealers, repair facilities, and owners through a separate, secure data release system.

The proposed law would not require a manufacturer to reveal a trade secret and would not interfere with any agreement made by a manufacturer, dealer, or authorized repair facility that is in force on the effective date of the proposed law. Starting January 1, 2013, the proposed law would prohibit any agreement that waives or limits a manufacturer's compliance with the proposed law.

Any violation of the proposed law would be treated as a violation of existing state consumer protection and unfair trade-practices laws.

A YES VOTE would enact the proposed law requiring motor vehicle owners and independent repair facilities in Massachusetts to have access to the same vehicle diagnostic and repair information made available to the manufactures' Massachusetts dealers and authorized repair facilities.

A NO VOTE would make no change in existing laws.

2012 Nov 6 :: State of Massachusetts :: Question 1 :: Initiative PetitionDo you approve of a law summarized below, on which no vote was taken by the Senate or the House of Representatives on on before May 1, 2012

View as: # | %  
Ward
Yes
No
Blank Votes Total Votes Cast Total Ballots Cast
Totals
 
27,061
4,505
3,924
31,566
35,490
Precinct 1
 
771
169
181
940
1,121
Precinct 2
 
902
163
186
1,065
1,251
Precinct 3
 
761
168
166
929
1,095
Precinct 1
 
1,228
175
170
1,403
1,573
Precinct 2
 
1,650
191
164
1,841
2,005
Precinct 3
 
1,427
191
194
1,618
1,812
Precinct 1
 
1,270
184
203
1,454
1,657
Precinct 2
 
1,377
207
216
1,584
1,800
Precinct 3
 
1,562
199
185
1,761
1,946
Precinct 1
 
844
210
193
1,054
1,247
Precinct 2
 
928
199
170
1,127
1,297
Precinct 3
 
798
600
92
1,398
1,490
Precinct 1
 
1,387
211
196
1,598
1,794
Precinct 2
 
1,427
196
182
1,623
1,805
Precinct 3
 
1,664
207
209
1,871
2,080
Precinct 1
 
1,794
213
220
2,007
2,227
Precinct 2
 
1,635
254
207
1,889
2,096
Precinct 3
 
1,255
142
166
1,397
1,563
Precinct 1
 
1,656
226
187
1,882
2,069
Precinct 2
 
1,307
227
218
1,534
1,752
Precinct 3
 
1,418
173
219
1,591
1,810
Totals
 
27,061
4,505
3,924
31,566
35,490