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MAY 29, 2012

TITLE SPONSOR OF THE
2012 CHARITY PREVIEW PARTY
IN THIS ISSUE
DEALER NEWS & INFORMATION
– Auto Industry News at a Glance
SPECIAL ANNOUNCEMENTS
– KPA Offering 20% Discount To CADA Members During the Month of May!
REGULATORY & LEGAL UPDATES
– D.C. District Court Upholds FTC Interpretation Concerning the Scope of the Risk-Based Pricing Rule
– Dealer and Salesperson License Fees Increase July 1st
LEGISLATIVE UPDATE
– NADA Supports Bill To Eliminate Obsolete Mandate That Requires NHTSA To Distribute Insurance Data Booklets To Dealers
– CADA Bill Tracker
UPCOMING SEMINARS
– Unclaimed Property Workshops
– KPA Weekly Webinar
– Upcoming Seminars
CALENDAR OF EVENTS
– CADA Annual Member Golf Event
– Upcoming Events
DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS
– Share Your Accomplishmens
THE AFTERFACT
–All the News That's Fit to Email!
ARCHIVES
CLICK HERE for Open Road
e-newsletter archives.
CLICK HERE for an Index of Regulatory
& Legal Articles from the Open
Road e-newsletter.
CLICK HERE for Bulletin archives.
CLICK HERE for Colorado Auto
Outlook archives.
CLICK HERE for Denver Auto
Outlook archives.
ONLINE REGISTRATION
CLICK HERE to register online
for various CADA seminars & events.
MEMBERSHIP RESOURCES
CLICK HERE for details on the
Speaker and Educational
Resources.
CLICK HERE for a list of current
Endorsed Vendors/Programs.
CLICK HERE for a list of current
Allied Members.
CLICK HERE for an order form for
CADA forms.
CLICK HERE for information on all member services.

www.nada.org

www.aiada.org
CLICK HERE for NADA
Regulatory Affairs information.
STATE GOVERNMENT RESOURCES
CLICK HERE for the Auto Industry
Division of the Colorado Dept.
of Revenue.
CLICK HERE for the Title and
Registration section of the
Colorado Dept. of Revenue,
Motor Vehicles Division.
CLICK HERE for the Colorado
Department of Labor &
Employment website.

Visit us at www.coloradodealers.org.
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Monday to Thursday, 7 a.m. to 5 p.m.
Friday, 7 a.m. to 4 p.m.

CADA STAFF
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If you have questions
or suggestions regarding this
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ENDORSED VENDOR/PROGRAMS
CLICK HERE for information about the
Endorsed Programs.
Contact Polly Penna at CADA to request more information on any of the programs below: polly.penna@coloradodealers.org
Choosing a CADA endorsed provider supports our work for the Colorado retail vehicle industry.
________

www.afadvantage.com
Supplemental Employee Benefits
________

www.federatedinsurance.com
General Liability
________

www.incom-direct.com
Merchant Transaction Processing
________

http://www.kpaonline.com/
HR Management & Online Compliance
Environmental / Health & Safety Compliance
________

www.lbtelecom.net
Telecommunications
________

www.business.officedepot.com
Office Supplies
________

www.reyrey.com/solutions/document
_solutions
Document Solutions / Forms
________

www.siegeloil.com
Oil, Lubricants, Service Chemicals & Reconditioning Products
________

www.unifirst.com
Uniforms / Standard Workwear
________


www.pinnacol.com
Workers Compensation
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CADA Open Road is now beginning its sixth year of service, providing uninterrupted weekly news and information for Colorado automotive professionals to better compete in our industry, since January 3, 2007.

AUTO INDUSTRY NEWS AT A GLANCE
Listed here are several articles pertaining to the
auto industry in general that appeared recently in newspapers and other media outlets across the nation.
- California Highway Patrol picks Ford Explorer
USA Today, May 29
The California Highway Patrol, one of the more visible law enforcement agencies in the country and one that was featured on the old CHiPs TV show, plans to buy the Police Interceptor version of the Ford Explorer as its mainstay patrol vehicle, the Los Angeles Times reports.
- Eric Clapton gets in tune with a new custom Ferrari
USA Today, May 27

Eric Clapton has a car he can name Layla. Not any car, but a custom-made Ferrari.
- Bankrupt Saab attracts bid from China-Japan investor group
Automotive News, May 25
A group led by a Chinese energy company and a Japanese venture-capital firm has placed a bid for bankrupt Swedish carmaker Saab, a spokesman for the investing team said.
- Scion's iQ: Meet America's U-Turn Champion
The Wall Street Journal, May 24
Toyota's notionally youth-oriented brand -- Boomer's buy them too, it turns out -- offers Americans a dramshot of slick, thoughtful engineering, as well as 11 airbags and a 12-foot turning radius. Dan Neil takes a drive in the company's lovable, magical halfling.
- Mazda winds down at Ford's Flat Rock plant
The Detroit News, May 24

As Mazda Motor Corp. moves forward with plans to collaborate with Fiat SpA, the Japanese automaker is winding down production at Ford Motor Co.'s Flat Rock plant but will still keep an ownership stake there.
- Mark Phelan: Porsche, Chevrolet prepare 2 eagerly anticipated high-performance models
Detroit Free Press, May 27
Details have begun to emerge about the technology behind two eagerly anticipated performance cars: the Chevrolet SS and Porsche 918 Spyder hybrid.
- Luxury cars, SUVs show rapid growth in China
Detroit Free Press, May 27
Fiat expects the Fiat 500, especially the Gucci version, will sell well because Chinese consumers like name brands and luxury items.
- Volkswagen's improbable 75-year run
MSNBC, May 29

Few manufacturers have had more humble origins or had less of a chance of surviving. Yet, as Volkswagen celebrates its 75th anniversary, the German maker now has a solid shot at dominating the automotive world.
- Senate passes bill to allow for EV charging at Capitol
The Detroit News, May 25
The Senate approved a bill late Thursday to allow for electric vehicle charging stations at the Capitol -- 18 months after Michigan's Carl Levin first mounted an effort to get them installed.
- Car buyers should weigh options of switch to electric
The Detroit News, May 24
While the thought of never visiting a gas station again appeals, consider some things before taking the plunge.
- Vehicle sales surge point to economic resurgence in Colorado and US
Tim W Jackson, Wordpress Blog
See more at http://timwjackson.wordpress.com
- GM throws weight behind Detroit race
Detroit News, Autos Insider
See more at www.autosinsider.com
- Reviewing the Chevrolet Camaro ZL1
The New York Times, Wheels
See more at http://wheels.blogs.nytimes.com
- Toyota, Honda, VW likely to be May's big sales star
USA Today, DriveOn
See more at http://content.usatoday.com/communities/driveon/index
- The Rides of Spring
Los Angeles Times, Autos
See more at http://www.latimes.com/classified/automotive/highway1/
- Car Dealers See Sales Boosts Through Subprime Lending
AOL Autos
See more at http://autos.aol.com/
- Scion iQ: Slow, Whiny, Tiny—but Great to Park
The Wall Street Journal CARS
See more at http://online.wsj.com/public/page/news-autos-automotive.html
- Summer gas prices - as good as they'll get
CNN Money
See more at http://money.cnn.com/autos/
…more news articles are included at the end of this issue.
KPA OFFERING 20% DISCOUNT TO CADA MEMBERS DURING THE MONTH OF MAY!

CADA Recommends the KPA HR Management System for managing your dealership’s human resources.
20% discount available to CADA dealer members through May 31, 2012!
Act now! For a demo, pricing details, and more on this offer, visit:
www.kpaonline.com/cadaspecial.html

D.C. DISTRICT COURT UPHOLDS FTC INTERPRETATION CONCERNING THE SCOPE OF THE RISK-BASED PRICING RULE
NADA 60-Second Email, 5/24/2012
On May 22 the U.S. District Court for the District of Columbia granted the Federal Trade Commission’s motion for summary judgment against an action brought by NADA that challenged the agency’s broad interpretation of the scope of the federal Risk-Based Pricing Rule. The law that the rule implements (section 311 of the FACT Act) applies to persons who, among other requirements, “use” a credit report in particular credit transactions. The FTC issued an interpretation in July 2011 stating that dealers engaged in three-party vehicle financing transactions who do not obtain, receive, or review a credit report nevertheless “use” a credit report based on the finance source’s use of a credit report and therefore are responsible for complying with the Risk-Based Pricing Rule’s notice requirement. Believing this interpretation to be flawed, unnecessary, and burdensome to many dealers by requiring them to purchase credit reports for no purpose other than to comply with the Risk Based Pricing Rule, NADA subsequently initiated this challenge. In its complaint, NADA argued that Congress never intended the word “use” to extend to this subgroup of dealers and that the FTC lacked authority to issue such an interpretation. Although the court found that the statute is capable of supporting NADA’s interpretation, it held that the FTC possessed authority to issue its interpretation and that its interpretation is reasonable.
Regardless of which party prevailed at the district court level, NADA anticipated that the other party would appeal the District Court decision to the D.C. Circuit Court of Appeals. NADA will now direct its outside counsel to commence the appeal and will report on further developments.
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DEALER AND SALESPERSON LICENSE FEES INCREASE JULY 1ST
The Motor Vehicle Dealer Board recommended a 24% increase* in license fees effective July 1, 2012 to June 30, 2013. This recommendation by the board was confirmed by the Executive Director of the Department of Revenue who has final fee-setting authority. CLICK HERE for the latest fee schedule. A dealer license is now $540, up from $435, and a new salesperson application is $130, up from $105. While the industry overall continues to rebound, salesperson applications are still down, and this category accounts for most of the licensing revenues that fund the Auto Industry Division.
Additionally, the Board recommended that off-premise sales permits be doubled – from $250 to $500. A disproportionate amount of agency time and resources are expended to license and oversee off-site sales.
Generally, Auto Industry Division license fees are subject to change once each year on July 1st; the new schedule is typically made available on the Auto Industry web site in May or early June. Visit http://www.colorado.gov/revenue/AID under “Forms and Publications”. Be sure to remit the updated fee amount—most state license application forms do not include the fee amount since they are subject to change each year.
*The increase is applied with resulting fees rounded to the nearest $5.00, for simplicity.
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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

NADA SUPPORTS BILL TO ELIMINATE OBSOLETE MANDATE THAT REQUIRES NHTSA TO DISTRIBUTE INSURANCE DATA BOOKLETS TO DEALERS
Legislation introduced Tuesday in the U.S. House of Representatives repeals an obsolete mandate that requires the National Highway Traffic Safety Administration (NHTSA) to print and distribute an insurance report to more than 17,500 new-car dealerships across the country, which is mailed through the U.S. Post Office. The “Relative Collision Insurance Cost Information” booklet sought to provide car buyers with insurance data on the cost of repairing new vehicles. Under a 1972 law, NHTSA is required to collect, prepare, print and distribute the report to new-car dealerships. Dealers are required to provide it to their customers upon request. NADA, in a recent survey of 815 of its members, found that 96 percent of dealers reported that none of their customers had ever asked to see the booklet. NHTSA has been publishing the booklet since 1991. “The reality in dealer showrooms needs to be recognized,” said NADA President Phil Brady. “This government mandate should be eliminated.”
Source: NADA Newsroom
Editor's note: NADA is urging dealers to help build support for H.R. 5648, the Owens-Harper Obsolete Mandate bill, by asking their U.S. Representatives to cosponsor the legislation. The U.S. Representatives' offices can be reached through the Capitol Switchboard at (202) 225-3121.
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CADA BILL TRACKER
Follow the Colorado Auto Dealers Bill Tracker HERE!

KPA WEEKLY WEBINAR:
Covers an Environment & Safety or an HR topic each week
Every Thursday
10:00-11:00am (MST)
CLICK HERE for upcoming topics and to register!
Previously recorded webinars are also available at the above link.
 
* * * * * * * *
| Event Description |
Date/Time |
Location |
Unclaimed Property Workshops
By CO Department of Treasury
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Various dates and times in June
|
CLICK for listing.
RSVP: Call (303) 866-6039 or email shannon.smith@state.co.us |
KPA Weekly Webinar
Covers an Environment & Safety or an HR topic each week
|
Every Thursday
10:00-11:00am (MST)
|
CLICK HERE for upcoming topics and to register!
Previously recorded webinars are also available at the above link. |
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 lauren.stadler@coloradodealers.org

| Event Description |
Date/Time |
Location |
CADA Annual Member Golf Event
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Monday, September 17, 2012
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Colorado Golf Club
8000 Preservation Trail
Parker, CO 80134
*More Details Coming Soon* |

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 milestones@coloradodealers.org. Also include your contact information for further follow-up.
THE AFTERFACT
- Mark Phelan: Big and cushy: Roomy Hyundai Azera has plenty of features but is unexceptional overall
Detroit Free Press, May 24
I like to make it through most test drives with no open wounds. The * * 2012 Hyundai Azera full-size sedan foiled that hope.
- Rare cars come back
Detroit Free Press, May 24
The collector car market, which slumped with the economy, is coming back with the rest of the auto industry.
- SUVs make sense in market
The Detroit News, May 24
If you've got three or more children or regularly fill every seat in your vehicle, you may be among a growing group of consumers who are re-examining the merits of large sport utilities.
- BMW Latest to Pick Up Apple 'Genius Bar' Idea In Showrooms
Forbes, May 24
If Apple retail-store employees get tired of working under the sign of the fruit, a whole bunch of them could have good careers in the auto industry. BMW has just joined Lexus in moving to establish “genius bars” — roughly modeled after Apple’s approach — staffed with extra-knowledgeable new-product specialists at its car dealerships.
- Fiat announces alliance with Mazda for new roadsters
The Detroit News, May 24
Fiat SpA and Mazda Motor Corp. announced a new collaboration on Wednesday that could be the first step toward a deeper tie-up between Japan's fifth-largest automaker and Chrysler Group LLC's parent company.
- May auto sales expected to soar by at least 30%
Detroit Free Press, May 24
Sales of cars and trucks are expected to increase 30% or more in May compared with the same month last year when an earthquake and tsunami in Japan led to inventory shortages at dealerships and gas prices dampened consumer demand.
- Who Wins More From The Google Car: Cities or Suburbs?
Forbes, May 24
There has been a lot of discussion lately about the impacts of autonomous vehicles on society. Tim Lee and Matt Yglesias have some interesting thoughts on the likely effects on public transportation and how this will reshape cities.
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