Bass, Berry & Sims attorneys Jessie Zeigler and Jeremy Gunn authored an article for Industry Today sharing insight on the regulatory and litigation questions raised by emerging automotive technology and how personal and mechanical data in vehicles should be handled.
For example, Massachusetts’ “Right to Repair” law was passed in 2012 to give vehicle owners the ability to have repairs performed by independent or non-dealer maintenance shops. The law was strengthened in 2020 by requiring automakers to allow open remote access to a vehicle’s telematics system and mechanical data, including steering, acceleration, braking, air bags and electronic stability control. As the act began to be enforced in Massachusetts amid litigation challenging it, the National Highway and Traffic Safety Administration (NHTSA) stated that the Right to Repair law conflicted with the National Traffic and Motor Vehicle Safety Act and therefore was preempted.
The NHTSA later reversed its position after being urged by Massachusetts senators, stating that automakers could comply with both the Right to Repair law and the Safety Act simultaneously. An automotive trade group, however, has stated that the feasibility and safety of NHTSA’s proposal is still questionable.
“Until there is new federal guidance on emerging technology in vehicles, automakers should stay abreast of rapidly changing state laws and voluntary guidance issued by NHTSA,” the authors wrote.
The full article, “Automakers & Regulators Disagree Over Emerging Technology,” was published by Industry Today on September 10 and is available online.