Washington, D.C. — A pair of U.S. senators are aiming their federal auto regulator, as Massachusetts’ Edward J. Markey and Elizabeth Warren recently called out the NHTSA for a letter it sent to automakers asking them to ignore the state’s right to repair legislation.
The National Highway Traffic Safety Administration (NHTSA) alleged in its June 13 letter, sent to 22 major automakers, that Massachusetts’ recently passed Data Access Law conflicts with the federal Safety Act, citing “significant safety concerns” regarding data access, and instead asks them to comply with the federal standards.
The regulator said in its letter, “While NHTSA has stressed that consumers must 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.
“In this case, NHTSA previously described its serious safety concerns with the Data Access Law’s requirement of open remote access in a filing in pending federal district court litigation that challenges the law,” referring to Alliance for Automotive Innovation v. Campbell, Case No. 1:20-cv-12090, Dkt. No. 202 in the district of Massachusetts.
This attempt by NHTSA to circumvent a state law voted on by the public caused it to enter the crosshairs of Markey and Warren, who claim this to be an act of appeasement toward major auto manufacturers who previously opposed the Data Access Law.
“NHTSA’s decision to give auto manufacturers a green light to ignore state law appears to favour Big Auto, undermine the will of Massachusetts voters and the Biden Administration’s competition policy, and raise questions about both the decision process and the substance of the decision by NHTSA’s leadership,” the senators wrote in a joint statement.
“We are asking NHTSA to explain its rationale for its harmful actions and respect Massachusetts state law by reversing course.”
The pair went further to say that this letter, which came with no warning and only two weeks after the Data Access Law came into effect, created unnecessary confusion and harms consumers and competition in the state.
The NHTSA’s letter was sent to U.S. representatives from the following automakers: BMW, Fisker, General Motors, Hyundai, Kia, McLaren, Ferrari, Ford, Honda, Jaguar-Land Rover, Mazda and Mercedes-Benz.
The full June 13 letter from the NHTSA can be found here.
Warren and Markey’s full statement in response to the letter can be found here.
