NHTSA tells automakers not to comply with Massachusetts vehicle right to repair law

The federal traffic safety agency sent a letter telling automakers not to comply with a Massachusetts state law, saying it conflicts with federal auto safety regulations.

After years of equivocal statements, The U.S. National Highway Traffic Safety Commission inserted itself into an ongoing legal challenge to a vehicle repair law in Massachusetts, with a surprise statement to automakers that the state law conflicted with a Federal vehicle Safety Act and instructing them not to comply with the law.

The first in the nation law requiring automakers to provide vehicle owners with access to vehicle telematics data needed to repair cars was approved by nearly 75% of the state’s voters in a ballot measure in November, 2020. It has been held up in federal court ever since, after automakers sued to block the law, arguing that it conflicted with federal vehicle safety laws.

Federal Judge Douglas Woodlock, who heard the case, is still weighing a decision in the case. Judge Woodlock missed several self-imposed deadlines to issue a ruling, citing competing obligations and bowing to auto industry requests to delay a ruling.

In the meantime, Massachusetts Attorney General Andrea Campbell indicated in April that she would dispense with the position of the previous Attorney General and begin enforcing the law in the absence of a ruling by the federal court that invalidated it, with Judge Woodlock refusing to block enforcement of the law, which began on June 1st.

The letter, issued to automakers on Tuesday, may complicate Campbell’s plans.

A copy of the letter, dated June 13, was obtained by Fight to Repair. It is addressed to the lead counsel at 22 major U.S. automakers including Ford, General Motors, Honda, Kia, BMW and others. The letter, signed by Kerry Kolodziej Assistant Chief Counsel at NHTSA, says that the Massachusetts law poses a safety risk and therefore violates the federal law. It advises “vehicle manufacturers of their obligations under the National Traffic and Motor Vehicle Safety Act, (Safety Act), 49 C.F.R. Chapter 301.”

The letter makes a passing allowance to consumers’ right to repair, but subordinates it to vehicle safety. “While NHTSA has stressed that it is important for consumers to continue to have the ability to choose where to have their vehicles serviced and repaired, consumers must be afforded choice in a manner that does not pose an unreasonable risk to motor vehicle safety,” it reads.

However, the Massachusetts law’s requirement of “open remote access to vehicle telematics” including “the ability to send commands allows for manipulation of systems on a vehicle, including safety-critical functions such as steering, acceleration, or braking, as well as equipment required by Federal Motor Vehicle Safety Standards (FMVSS) such as air bags and electronic stability control,” the letter reads. “A malicious actor here or abroad could utilize such open access to remotely command vehicles to operate dangerously, including attacking multiple vehicles concurrently.”

This isn’t the first time that NHTSA has waded into the debate over the Massachusetts law. In July, 2020, NHTSA issued a letter to state lawmakers raising questions about the cybersecurity impact of the proposed ballot measure. That letter figured prominently in the lawsuit filed by the auto industry attempting to block the Massachusetts law, Alliance for Automotive Innovation v. Campbell (formerly: vs. Maura Healey).

NHTSA, the Alliance for Automotive Innovation and the Massachusetts Attorney General did not return a requests for comment prior to publication. We will update the story as more information becomes available.