West Virginia Moves to Ban OTA Updates

West Virginia would like to ban Tesla and other automakers from sending out more than-the-air updates, among the other items, to auto entrepreneurs. In a letter from the Alliance for Automotive Innovation (Vehicle Innovators) received by CleanTechnica, the group lists all of the concerns it has with this problematic invoice that was initially made to reward sellers.

The group is using a stand in opposition to the bill due to the fact, if made into legislation, it would damage buyers in order to gain car dealers. The letter was sent to me by an nameless source who explained that the monthly bill, HB 4560, was introduced by the dealership trade association. It is fundamentally developed to defend dealership pursuits. Nevertheless, it overreaches to a place where it would damage the two consumers and dealers by blocking on the internet automobile purchases, above-the-air updates, and even advertising and marketing by auto manufacturers.

In the letter, Vehicle Innovators wrote:

“Rather than leveling the participating in area in between sellers and companies, this monthly bill would considerably change the legal rights and obligations of automotive brands and their franchised sellers in West Virginia. Quite a few of the proposed changes would benefit dealers but would ultimately impose fees and inconvenience on the citizens of West Virginia.

“Auto Innovators has identified certain fears and challenges with Residence Bill 4560, which if enacted would have impacts far past the vendor-company partnership. Auto Innovators and its members would take pleasure in the option to surface right before the Property Judiciary Committee to explore these concerns in additional detail and reply any inquiries committee associates may possibly have related to HB 4560.”

West Virginia HB 4560 Language On OTA Updates

One particular of the fears with the language of this invoice is that it would ban auto manufacturers such as Tesla from doing above-the-air software program updates for its consumers. The bill states:

“Except for experimental small-volume not-for-retail sale vehicles, lead to warranty and remember mend function to be carried out by any entity other than a new motor vehicle dealer, together with publish-sale software and components upgrades or variations to automobile functionality and options, and components for new motor vehicles bought by a certified new motor car or truck dealer. Furnished nevertheless, this language shall not contain any submit-sale software package updates to the motor vehicle’s navigation or amusement program.”

In the letter, Car Innovators pointed out that the language is designed to prohibit producers from providing over-the-air updates right to consumers’ cars. So far, no other condition has produced these kinds of a useless legislation. The group writes:

“Over-the-air updates enable individuals to update their automobiles from the convenience of their driveways, without having the want to travel all the way to the dealership. This language would prevent producers from using people above-the-air car updates in West Virginia.

“This is a sophisticated and cutting edge matter, but the biggest issue below is that proscribing software package updates would needlessly damage people and probably build security pitfalls.

“Dealers deficiency the infrastructure and ability to provide software program updates to customers more than the air. In addition, company-owned application is proprietary and shielded by federal mental home legal rights, which means dealers have no claim to those people assets legal rights and no authority to distribute program licenses of application they do not individual.

“As a consequence, shoppers would have to make time to acquire their car into a franchised seller for every technique update. In apply, this additional inconvenience would needlessly to consumers driving motor vehicles with out-of-date software program which may bear on some facets of motor vehicle operation.

“It also would needlessly protect against suppliers from conveniently providing electronics-linked recollects to buyers which means many motor vehicles on West Virginia roads could have issues that can be very easily be corrected in the track record by way of about-the-air fixes.

“It is not enough that the definition carves out ‘navigation or entertainment programs.’ Those programs are just two factors of the software program in modern day vehicles. They are the most noticeable to automobile owners, but this technologies can also be deployed to be certain cars are in a position to be up to date to operate as effectively and properly as attainable.”

Vehicle Innovators emphasized that its customers are opposed to this new definition in its entirety.

The Takeaway: This Invoice Is Not Excellent For West Virginia Inhabitants

More than-the-air software program updates are very important for organizations these kinds of as Tesla that routinely produce software package fixes and updates to their customers. It is a lot more than advantage. This also gets to be a safety concern. If West Virginia was to make this illegal, then Tesla would have to discover a way to update its customers’ autos in a slower way, and delays in finding updates could come to be a security concern.


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