E-Bike Industry Blames Consumers For Fires In Effort To Undermine ‘Right To Repair’ Laws

from the fix-your-own-shit dept

Countless companies and industries enjoy making up scary stories when it comes to justifying their opposition to making it easier to repair your own tech. Apple claims that empowering consumers and bolstering independent repair shops will turn states into “hacker meccas.” The car industry insists that making it easier and cheaper to repair modern cars will be a boon to sexual predators.

Throughout the arguments is routinely peppered a single theme: providing easier and cheaper repair options to consumers is simply too dangerous to be considered. It apparently doesn’t matter that an FTC study recently found those claims to be self-serving bullshit designed to protect harmful repair monopolies from reform and lost repair revenue.

That right to repair is simply too dangerous to embrace is also apparently the argument being made by the growing E-Bike sector. People for Bikes, the national trade org representing bicycle manufacturers, has been reaching out to lawmakers urging them to exempt bicycles from all right to repair legislation. Successfully, as it turns out.

You might recall that New York recently passed a right to repair law that was immediately watered down by NY Governor Kathy Hochul. The bill already exempted key industries where repair monopolization is a problem, such as cars, home appliances, farm equipment, and medical gear. Unsatisfied, numerous industries got Hochul to water the bill down even further.

A report at Grist notes this included weakening the bill on behest of the bike industry, which in a letter to lawmakers tried to place the onus for now common e-bike fires on consumers:

In a letter sent to New York Governor Kathy Hochul in December, People for Bikes asked that e-bikes be excluded from the state’s forthcoming digital right-to-repair law, which granted consumers the right to fix a wide range of electronic devices. The letter cited “an unfortunate increase in fires, injuries and deaths attributable to personal e-mobility devices” including e-bikes. Many of these fires, People for Bikes claimed in the letter, “appear to be caused by consumers and others attempting to service these devices themselves,” including tinkering with the batteries at home.

This of course is an industry whose products are already often unreliable and dangerous on their own; there’s been just endless examples of deadly fires caused by shoddy products and unreliable batteries. Most of these fires have absolutely nothing to do with consumers making repair mistakes. When pressed for evidence, the organization claimed the statement was “anecdotal”:

Asked for data to back up the claim that e-bike fires were being caused by unauthorized repairs, Lovell said that it was “anecdotal, from folks that are on the ground in New York.”

How very truth-esque.

As e-bikes get more complicated, it’s obviously more important than ever to ensure that repairing those bikes is affordable. Activists note that to create a sustainable, environmentally responsible industry with satisfied customers, the bike industry needs to do a much better job designing its bikes to be repairable, standardizing parts, and making it easier for consumers to access manuals and tools:

“There’s huge interest” in fixing e-bikes, said Kyle Wiens, CEO of the online repair guide site iFixit. But outside of manufacturers and specialized shops, “no one knows how.”

New York’s original law could have gone a long way in fixing that, but lawmakers were intent on undermining their own legislation after hearing scary, often false stories by self-serving industries. Minnesota recently passed its own right to repair law, and while also watered down to exclude cars, medical equipment, and game consoles, it did at least manage to include e-bikes.

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Comments on “E-Bike Industry Blames Consumers For Fires In Effort To Undermine ‘Right To Repair’ Laws”

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32 Comments
Anonymous Coward says:

Re: Re:

Self-repair of a bike will only cause a fire if the battery is shitty, which is what’s really happening here. A good battery will protect itself, even if, for example, bike-provided ventilation has been blocked or broken, or the bike has been adjusted to draw more power.

Self-repair of batteries is a bit more iffy, and might merit some right-to-repair consideration. But, really, how much regulation do we need against people doing stupid stuff like hacking their battery firmware to override temperature limits? We don’t want repair shops or resellers secretly doing it to make customers think old used batteries are fine. I think that’s enough.

As for turning American states into “hacker meccas”, we should be so lucky as to take that title back from Shenzhen.

Samuel Abram (profile) says:

I wish we had a better governor than Kathy Hochul…

New York State seems to have shitty governors no matter the party (I say this as a lifelong resident of this state). I actually voted against Kathy in the primary because of many of her stances, such as her anti-Library (and now this) position. NY State may do a lot right, but we’re lagging behind other states on such issues such as how far our right-to-repair goes is concerned (not to mention that we didn’t get a comprehensive anti-SLAPP law until recently).

Fortunately, I have the ear of our state senator, and they listen to me as a constituent with concerns, which is all I ask out of them. 🙂

That Anonymous Coward (profile) says:

TAC Shtick’s about humans inability to learn from their own history.

It is totally the consumers fault, no way possible its the companies cutting corners.

looks at hoverboards, where some of them burst into flames when you looked at them wrong because they were crappily built & sold for full price

looks at Teslas, giggles, enjoys the fire

looks at samsung phones

Yep all caused by the consumers and in no way the fault of the companies.

I’ve stopped counting the number of times I’ve put a new battery into my iPod (4gen clickwheel), I would totally love to be able to source the batteries from apple’s suppliers but thats never happening.
It isn’t complicated to do, well once you understand it was designed to try to be difficult.
Short of trying to use a screwdriver to pry the battery from its glued in position, its safe.
Of course as my iPod went from 20gb hd to 128gb flash, could be the reason Apple wanted to try to keep people from opening them up and repairing them instead of paying hundreds for a new 128gb iPod or installing some home brew firmware into it expanding its capabilities…

Always blame the consumer, never ever admit it could be you not spending the extra nickel for the overheat safety sensor on the battery pack.

Anonymous Coward says:

Don’t you get it? The freedom to repair is anti-American TERRORISM! It’s a fight against the core of America to target the riches of shareholders by using communism instead of capitalism! The right to repair your device will mean that a billionaire CEO will have to not raise he workers wages for the 20th year straight!

But seriously. The scare tactics are all such weak arguments that it’s easier to believe anyone listening to them is just a shill or so stupid they should have no power.

Worse is that often the difficulty and danger to repair modern devices is caused by intentional design.Same for the risk of accessing personal information on cars.

David says:

The "danger" argument is legal bullshit

Any repair by an unlicensed technician or with unlicensed parts will not be covered by manufacturer liability. So the manufacturer is not affected by the dangers of self-repair.

Assuming that they still feel they have a duty of care for work they are not responsible for: a repair without schematics and good parts will result in more rather than less danger.

The color TV sets of my youth came with extensive circuit diagrams and calibration instructions and test point diagrams with oscilloscope images inside.

They also came with 25kV of lethal voltage inside (admittedly not easy to touch, but plenty of other lethal voltage to be found as well). Somehow I cannot remember a single case where a TV manufacturer was sued because some home repair person killed themselves after finding the schematics in a TV set.

That would have been one ridiculous court case. The schematics may or may not have contained explicit high voltage warnings but I don’t think that this would have made a legal difference.

Anonymous Coward says:

Re:

They also came with 25kV of lethal voltage inside

Number on safety rule when working near dangerous voltages is keep you spare hand in a back pocket, as it largely avoids a shock across the heart. That will like stop the shock directly killing you.

That said, the only death by touching crt anode I know of , was because the technician was thrown backwards by the shock, and window behind him was seven stories up. Also, a cause of injury in theater lighting people was falling of the ladder due to a shock.

Anonymous Coward says:

Re:

Any repair by an unlicensed technician or with unlicensed parts will not be covered by manufacturer liability. So the manufacturer is not affected by the dangers of self-repair.

They’re not liable, but they may still be affected, much as Johnson & Johnson were affected by the Chicago Tylenol murders.

Anyway, we’ve had third-party shops and individuals repairing bicycles for upward of a century. A bad repair can definitely harm or kill a person, particularly if the front wheel is not done properly, and yet it hasn’t been a big problem or hurt any manufacturers. The same goes for cars; I suspect manufacturers are taking more of a reputational hit from “unrepairable” cars than from botched repairs.

(I’ve heard people say they’re never buying a certain car brand again because what should’ve been a 5-minute oil change took them an hour and involved removing a headlight or something stupid like that. So, next time, they’re checking the repair manual before buying to make sure the car wasn’t designed by frickin’ idiots.)

That One Guy (profile) says:

Probably not what they meant, but it is what they said

What I’m hearing is ‘our bikes are so ludicrously dangerous that it takes a downright trivial amount of mishandling them for them to burst into flames, posing a real and present danger to their owners and the homes they are situated in’.

Forget right to repair sounds like a lot of their products need to be forcibly recalled and run through the testing wringer until they are no longer such massive fire hazards.

Ethin Probst (profile) says:

Here is what I don’t get: how is a politician (or, okay, anyone) even convinced by any of these excuses? Literally the majority of them don’t make any sense.
Apple: “Consumers repairing our devices will turn the world into a hacking mecca!”
Jon Deer: “Repairing our tractors will assist sexual Predators!”
People for Bikes: “Repairing your bikes yourself will cause a massive increase of fires!”
Like, to be fair, this argument — increasing of fires — is at least sort-of remotely plausible and possible, but that’s on the companies using shitty materials and assembly processes (and no QA), not the consumer. But frankly I find it ridiculous that a government agency (!) had to release a report proving that the remainder of these excuses were utter BS because I seriously am struggling to understand how any individual could even remotely think that they were even possible. But then again, I’m also one of those well-educated Americans who was taught critical thinking and knows to employ it constantly, which seems to be less and less common nowadays.

That One Guy (profile) says:

Re:

So long as you’re willing to put a price tag on your credibility and/or morals any argument becomes remarkably convincing when it comes with either a sizable ‘campaign contribution’, the insinuation that support of a company/industry will be reciprocated, or both.

Gullible stupidity is also an option of course but I’m of the opinion that if someone thinks that they are fit enough to run for office then they should be held to a higher standard and chalking mistakes up as ‘they’re just stupid’ is giving them more credit than they deserve.

Anonymous Coward says:

Re: Re:

Same AC here….

The above was meant as a reply to Ethin Probst above. About 5% of the time one of us posts, any reply is somehow shunted to the end of the entire dialog, and not as a reply. In fact, this demonstrates exactly what the TFS is all about – who’s to blame here, the poster or Auttomatic (WordPress)? In fact, when I started my reply, there were no other posts below. Go figure.

Anonymous Coward says:

Re: Re: Re:

About 5% of the time one of us posts, any reply is somehow shunted to the end of the entire dialog, and not as a reply.

Are you sure you’re not just accidentally posting from the wrong tab or window? I do that frequently, because the preview button’s been broken since the switch to WordPress and the “reply” page shows basically no context. I see “Leave a Reply to Anonymous Coward” quite a ways above the text box right now (and anyone who replies to my message will see the same), as opposed to “Add Your Comment”, but that’s really easy to miss. And, sure, we could click “Anonymous Coward” to see the specific message we’re replying to… but then we’ve just got one more tab to keep track of, so it’s compounding the problem as much as helping it (and how does every browser still suck in this respect?—no indication of where any tab “came from”).

It’d be great to actually see the message one is replying to, somewhere near the text box one’s writing in. And to have a working preview button that also showed some context. I think we used to have both before the switch, and at the time there were some promises from Techdirt people that they’d look into the problems…

5% isn’t terrible; I think around 5% of the messages I “post” never appear at all (or not within a few days, anyway). Of course, after posting one just gets sent back to the comment list without any message about the comment’s disposition… so I can’t be absolutely sure I pressed the right button every time, but I know I’ve sometimes seen a comment ID (in my URL bar) that never becomes valid.

Anonymous Coward says:

Re: Re: Re:2

Coming back just to tidy things up a bit….

Yes, I’m sure I’m not posting in another tab or window, I have only one of each open at a time, while on TD. I might open another tab, but that’d be for reference purposes only, searching for something to be sure I’m about to state the facts, and not what my piss-poor memory thinks are the facts. 😉

However, what does happen from time to time is that I’ll see, immediately above the text box, “Reply to AC”, and “Edit Reply to AC”, perhaps numerous times as I constantly re-think and edit my reply. Then, by the Grace of WordPress, my reply will be sent to the bottom of the stack, as if it were something new and totally unrelated to what I was replying about.

And no, my button choice is set to Threaded, not Time.

Mike and Leigh – the above AC and I can’t be the only ones with valid complaints, don’t you think it’s about time to have a ‘little chat’ with WordPress and ask them to please stop screwing your pooch?

sumgai

Anonymous Coward says:

To be fair, a lot of the EBike fires actually ARE caused by deliberate and repeated cost-cutting measures that undermine safety, from third-party resellers and repairers. None of the sources you cited in the article actually prove that the ebike fires were caused by “shoddy products” or “unreliable batteries” from major eBike manufactures.

Anonymous Coward says:

Re:

major eBike manufactures

How much market share do the major reputable manufacturers have, though? Anecdotally, I’m hearing about a lot of people importing stuff from lesser-known ones to save money. Apparently there are quite a few companies in China making these, and as usual in that area, government regulation is unreliable and the quality varies greatly. Perhaps some of these bikes are from Shenzhen’s greatest electronics geniuses, but how would one know? And even well-known “American” brands in all industries sometimes cheap out on theirs products, or just re-brand foreign ones.

Anonymous Coward says:

You can take your device over the border to Mexico to avoid the dmca

Sealed phones where you are not supposed to replace the hatter can be taken to a repair shop on Mexico

I am already planning a trip to Tijuana to do just that

American laws do not apply in Mexico.

When you are in Mexico you are only subject to Mexican laws.

Ryokukitsune says:

Because its a franchise

I bought an entry level hub motor kit back in 2016 and I eventually had to throw it out at the end of 2019. Not because the motor or the battery was bad in anyway. it was because no one knew how to do the math to cut custom spokes to mount it on a new rim. I got my $600 worth out of it considering I put about 1k miles on it but I found it distastefully wasteful that the only reason I couldn’t use it was because no one wanted or knew how to fix it. If I were a bit more versed in being a bicycle mechanic that sort of work should be trivial if not easy. At the same time I got two answers from the shops I tried taking it to; “we can’t fix it because we don’t know how”, and “we won’t fix it because we aren’t authorized to. we have a dealer agreement with X” (not to be confused with formally twitter) which I found absolutely insulting because I was trying to PAY people to do the work – its not like I was asking for pro-bono work.

Derek Kerton (profile) says:

“There’s huge interest” in fixing e-bikes, said Kyle Wiens, CEO of the online repair guide site iFixit. But outside of manufacturers and specialized shops, “no one knows how.”

…and among these manufacturers, they don’t seem that motivated to offer repair services themselves!

At least in the famous case of John Deere, the OEM was trying to corner the repair service, and had some (a monopolist’s) desire to perform the repairs.

I’ve been an avid eBike evangelist since 2010. I’ve bought about a dozen for me and my family, and still maintain a fleet of 8 including Bosch-based mountain bikes, iZips, Rad Powers, Velobecane, and some white-label chinese bikes. In EVERY case, repairs are VERY hard to find.

And it’s not just repairs, it’s parts, in particular the sure-to-degrade battery packs. The price of replacement packs is RIDICULOUS, but (in the case of Bosch, at least) proprietary systems block competitors from filling the need. Even if I hack my bike and put a new battery mount and no-name battery on the bike, the Bosch system will not recognize the battery.

For battery packs for other bikes, I can replace them with generic chinese versions, if I’m willing to do some wiring. I would have rather just bought a fairly-priced OEM, UL certified battery, but because of the universal outcomes of monopoly, supply is constrained and prices are exorbitant. I can find a Bosch battery for $780 out of Florida, but the stores in California are sold out, even at that price. NOBODY has on in stock. A similarly-powered chinese (Hailong brand) battery at Amazon is $260.

Basically, the industry’s protectiveness is FORCING consumers to tinker and hack the systems, most frequently the battery!!! And the monopoly pricing is making sub-standard batteries from China very attractive to customers – even if we know there is a higher risk of fire.

Their recalcitrance to compete is MAKING US LESS SAFE, not more.

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