FEBRUARY 2, 2010
IN THIS ISSUE
DEALER NEWS & INFORMATION
– Colorado Dealer Breakfast - NADA Convention 2010
– Automotive News at a Glance
– Let Us Help You Send Roses To Your Honey On Valentine's Day!
REGULATORY & LEGAL UPDATES
– Important Dealer Alert: Toyota Safety Recall - Affects All Dealers
– CADA's Franchise Bill Passes Out of the House of Representatives 60-5
– Tell Us What You Need!
CALENDAR OF EVENTS
– Upcoming Events
– NADA Convention and Exposition
– CADA Legislative Policy Committee Meeting
– Denver Auto Show
– CADA 2010 Annual Golf Tournament
HIGHLIGHTS & TRANSITIONS
–Land Rover Ice Racing
–Share Your Accomplishments
–All the News That's Fit to Email!
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COLORADO DEALER BREAKFAST - NADA CONVENTION 2010
AUTOMOTIVE NEWS AT A GLANCE
Listed here are several articlespertaining to the
auto industry in general that appeared recently in newspapers and other media outlets across the nation.
LET US HELP YOU SEND ROSES TO YOUR HONEY ON VALENTINE'S DAY!
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IMPORTANT DEALER ALERT: TOYOTA SAFETY RECALL - AFFECTS ALL DEALERS
Sent via fax to all CADA members on January, 28, 2010.
On Tuesday, Toyota issued a “stop delivery” order to address a safety-related defect associated with a significant percentage of its new vehicle fleet. While Toyota dealers are under specific legal prohibitions from selling new cars affected by the recalls, there are serious liability concerns related to affected used cars for all dealerships.
ALL dealers should suspend sale of recalled Toyota vehicles, including used cars, immediately!
- See the attached January 26, 2010 Stop Delivery notice from Toyota affects the CTS Accelerator Pedal Safety Recall. This memo has more details on the specific models and cars included; not all cars of the models affected are included in this recall.
- Vehicles built in Japan (VIN starting with “JT”) are not affected.
- From the Toyota web site, also NOT affected are:
- No Lexus Division or Scion vehicles are affected by these actions. Also not affected are Toyota Prius, Tacoma, Sienna, Venza, Solara, Yaris, 4Runner, FJ Cruiser, Land Cruiser, Highlander hybrids and select Camry models, including all Camry hybrids, which will remain for sale.
- Visit http://pressroom.toyota.com for more FAQ’s and advice for consumers.
- Updated as of February 1, 2010:
Toyota Announces Comprehensive Plan to Fix Accelerator Pedals on Recalled Vehicles and Ensure Customer Safety
TORRANCE, Calif., February 1, 2010 – Toyota Motor Sales (TMS) U.S.A., Inc., today announced it will begin fixing accelerator pedals in recalled Toyota Division vehicles this week.
- The underlying issue of “sticking accelerators” is not trivial, and could result in life-threatening injury. Even if actual occurrences have been very limited in number, the potential for personal injury and harm are real. Any dealer selling an affected car (NEW OR USED) that had a defect “it knew or should have known was subject to recall” could result in far-reaching liability.
- All dealers should do the following:
- Any recall notification material you receive should be forwarded to the sales department, to the parts department, and to the service department.
- In the sales department, the management should determine whether the dealership stocks any Toyota vehicles – new or used -- subject to the recall. Halt sales of those vehicles until the recall repairs are performed according to the directions of Toyota.
- liability for selling a vehicle with an unrepaired recall that is later in an accident involving death or serious injury could be devastating to a dealer
- In the parts department, determine whether affected accelerator pedals are in inventory. They should be immediately removed from sale.
- In the service department, a procedure must be implemented to carefully and appropriately handle customer requests for performance of recall repairs and to handle repairs of dealer inventory.
Given the broad reach of this recall and the intense public / media scrutiny surrounding it, CLICK HERE for a summary of key federal requirements and advice all dealerships should review.
CLICK HERE to download the full CADA Memo, 1-28-2010 and the Toyota stop delivery notice, 1-26-2010.
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If you have questions on any legal or regulatory topic, please contact:
DISCLAIMER: CADA is not authorized to dispense legal advice.The information contained in this weekly email is intended to provide important updates and reminders regarding statutes, litigation, and regulations. CADA always advises that dealers should consult legal counsel on the specifics of any laws or regulations to ensure proper compliance
CADA'S FRANCHISE BILL PASSES OUT OF THE HOUSE OF REPRESENTATIVES 60-5
CADA's Franchise bill, HB 1049, which provides terminated dealers with a first right of refusal to take back their franchises that were cut during the GM and Chrysler bankruptcies, passed out of the House of Representatives on Monday by a vote of 60-5. The bill also beefs up protections for all dealers on the issues of facility upgrades, sales and incentive audits, and penalties by manufacturers when vehicles are exported without the dealers' knowledge. Opposing the bill were Rep. Paul Weissmann (D-Louisville), Rep. Jack Pommer (D-Boulder), Rep. Claire Levy (D-Boulder), Rep. Joel Judd (D-Denver) and Rep. Jim Riesberg (D-Greeley).
When the bill was heard on 2nd reading in the House at 10:45 p.m. on Friday night, Rep. Paul Weissmann ran an amendment to the bill to open up dealers on Sunday. CADA successfully defeated this terrible amendment with a large majority of the House members voting against it.
The bill now heads to the Senate, where it will have a Senate hearing as soon as Senate President Brandon Shaffer (D-Longmont) assigns it to a committee.
We wish to express our sincere appreciation to our House sponsors, Rep. Joe Rice (D-Littleton) and Rep. Marsha Looper (R-Colorado Springs) for their unwavering support of CADA and our member dealers, despite intense pressure from the auto manufacturers to severely water down the bill to the detriment of Colorado's dealers.
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Questions or Comments? Please contact:
If you have a particular area of interest or would like to suggest a training seminar topic, please contact Lauren Stadler at 303.457.5123 or firstname.lastname@example.org
|NADA Convention & Exposition
|Feb. 13-15, 2010
Orange County Convention Center, Orlando FL
CLICK HERE for more information from the official website.
|Colorado Dealer Breakfast - NADA Convention 2010
Feb. 14, 2010
7:15am - 9:00am
Rosen Centre Hotel (closest to convention center), Signature 2 Room
9480 International Drive, Orlando, FL
CLICK HERE for more information!
RSVP: Call Lauren Stadler at 303.457.5123 or email
CADA Legislative Policy Committee Meeting
Wed., Feb. 17
William D. Barrow Building
290 E. Speer Blvd
(SW Corner of Grant/Speer), Denver, CO
Wednesday, April 7, 2010
Sunday, April 11, 2010
Colorado Convention Center
700 14th Street Denver 80202
CLICK HERE for more information.
CADA 2010 Annual Golf Tournament
SAVE THE DATE!
Monday, August 9, 2010
12:00 Noon – Shotgun Start
Lakewood Country Club
6800 W. 10th Avenue
Lakewood, CO 80214
LAND ROVER ICE RACING
Land Rover Denver East hosted it's annual Land Rover Ice Racing event on Sunday at Georgetown Lake. Competitors lined up for a chance at taking a prize at the event that is fast becoming a winter tradition.
LET US KNOW ABOUT YOUR ACCOMPLISHMENTS!
Have you or anyone else at your dealership won an award recently? Have you or your dealership provided any outstanding community service? We want to recognize such accomplishments. Please send us a brief write-up of the award or event along with any other information to email@example.com. Also include your contact information for further follow-up.
- Toyota pedal supplier CTS says new parts on the way
Detroit Free Press, January 27
The Indiana auto parts supplier at the crux of Toyota's recall of 2.3 million vehicles over sticking accelerator pedals says it has begun shipping replacements to Toyota factories, saying it had made the parts under investigation to Toyota's specifications.
- More Than Half of 2,800 Rejected Car Dealers Seek Arbitration
The Wall Street Journal, January 27
More than half of the car dealers rejected last year by General Motors Co. and Chrysler Group LLC have filed claims for arbitration to determine whether they can win their franchises back.
- Auto show notebook
The Detroit News, January 27
Jeff Kane, a divorced father of three, had to have his parents cosign to get a mortgage as tight credit makes it tougher to buy real estate.
- GM, Ford launch programs to lure Toyota owners
Detroit Free Press, January 27
General Motors and Ford launched campaigns today to attract owners of Toyota vehicles worried about the ongoing recall over sticking accelerator pedals.
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