June 14, 2016

TITLE SPONSOR OF THE
2016 CHARITY PREVIEW PARTY

IN THIS ISSUE

SPECIAL ANNOUNCEMENTS

You're Invited! NextGen Presentation Rutt Bridges

NEW Colorado Dealer Compliance Guide and Educational Seminar

SAVE THE DATE: CADA Annual Member Golf Event

Golf Event Sponsorship Opportunities

If You Missed the April 12 Webinar on the New Damage Disclosure Rule, it is Now Available for Purchase On-Demand

Thank You to This Year's Sponsors of the Innovative Dealer Summit

Thank You to Our Sponsors of the 8th Annual Charity Preview Party

 

UPCOMING SEMINARS & EVENTS

Colorado Dealer Compliance Guide Rollout and Educational Seminar

CADA Annual Member Golf Event

2016 ACA Basics - Now on Demand!

All Seminars & Events

 

a DEALER NEWS & INFORMATION

Automotive News Best Practices

Clear The Air Foundation 60 Second Video

Auto Industry News at a Glance

 

a LEGISLATIVE UPDATE

Legislative Grassroots Meetings

 

REGULATORY & LEGAL UPDATES

July 1st Sales / Use Tax Rate Changes

Safety Recall Update and Reminder – New Federal Requirements in Effect

 

ENDORSED PROVIDER

Federated Insurance: Auto Dealer Claim of the Month

UniFirst... The Nation's Preferred Auto Uniform Supplier

 

ALLIED MEMBERS / ANNUAL MEMBER GOLF EVENT SPONSORSHIP ADS

Thank you to the Sponsors of the 11th Annual CADA Member Golf Event


DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS

Let Us Know About Your Accomplishments!

 

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.


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.


CADA Hours of Operation
Monday to Thursday, 7 a.m. to 5 p.m.
Friday, 7 a.m. to 4 p.m.

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CADA STAFF

CLICK HERE for a CADA staff listing


If you have questions
or suggestions
regarding this
e-newsletter, please
contact Marsha Temple at
marsha.temple@coloradodealers.org

CLICK HERE or scroll to the bottom
of this page if you want to be
added or removed from our list.


Need Acrobat Reader
to view linked
documents?
CLICK HERE for a FREE
download from Adobe.


ENDORSED PROVIDER/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.
________

American Fidelity Assurance Company
www.afadvantage.com

Supplemental Employee Benefits
________

www.americanexpress.com

a Corporate Card - Rewards Program
________



www.bradfordpublishing.com

Dealer Retail Installment Sales Contract (“Rocky Mountain Bank Note”)
________

www.dealertrack.com

Dealertrack Technologies
 
- Dealer Management System (DMS)

________

www.federatedinsurance.com

a 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.unifirst.com

Uniforms / Standard Workwear
________

www.wfis.wellsfargo.com

Workers compensation insurance services

 


If this e-newsletter does not display correctly,
CLICK HERE
to access the web-based version.


CADA Open Road is now beginning its eighth year of service, providing uninterrupted weekly news and information for Colorado automotive professionals to better compete in our industry, since its first issue on
Jan. 3, 2007.


YOU'RE INVITED! NEXTGEN PRESENTATION BY RUTT BRIDGES

NEW COLORADO DEALER COMPLIANCE GUIDE AND EDUCATIONAL SEMINAR

CLICK HERE to register online!

CLICK HERE for a PDF form you can download and return

SAVE THE DATE! CADA ANNUAL MEMBER GOLF EVENT

CLICK HERE to register online!

GOLF EVENT SPONSORSHIP OPPORTUNITIES



THANK YOU TO OUR SPONSORS OF THE 8TH ANNUAL CHARITY PREVIEW PARTY

THANK YOU TO THIS YEAR'S SPONSORS OF THE INNOVATIVE DEALER SUMMIT


CHECK OUT CADA'S BLOGS

The 102” is the Colorado Automobile Dealers Association's blog featuring the Chair's Column, written by 2016 CADA Chair Fletcher Flower, printed in The Bulletin, CADA's monthly print publication.

CADA also recently unveiled a new events and updates blog, which you can follow by clicking here.


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CLEAR THE AIR FOUNDATION 60 SECOND VIDEO


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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.


…more news articles are included at the end of this issue.


LEGISLATIVE GRASSROOTS MEETINGS


JULY 1ST SALES / USE TAX RATE CHANGES

The state Department of Revenue – Division of Taxation posts sales and use tax changes prior to January 1st and July 1st each year.  Dealerships should be aware of these changes and be on the lookout to ensure the tax database being utilized reflects these changes.  There may be a time-lag between the effective date and the update of these data sources.  

CLICK HERE for a listing of July 1, 2016 Sales Tax Rate Changes on the state web site.

CLICK HERE for a downloadable PDF summarizing the changes. 

* * * * * * * *

SAFETY RECALL UPDATE AND REMINDER - NEW FEDERAL REQUIREMENTS IN EFFECT
NADA 60-Second Email 5/27/2016

On December 4, 2015, the President signed the Fixing America's Surface Transportation (FAST) Act.  As previously reported, the FAST Act imposes new requirements of which dealers need to be aware. 

Grounding of Rental Vehicles Under Recall: Effective June 1, 2016
Effective June 1, 2016, the FAST Act prohibits rental companies with an average of 35 or more vehicles in a rental fleet (in a calendar year) from renting any such vehicles if they have an unremedied safety recall. This requirement does not apply to vehicles over 10,000 lbs.[1]

While not required by the FAST Act, NADA also encourages dealers to:  

  • use the www.safercar.gov or manufacturer VIN-specific look-up tools to regularly check the recall status of all rental and loaner vehicles;  
  • refrain from renting or loaning any vehicle subject to an unremedied safety recall if the manufacturer has stated in the recall notice that the vehicle should not be driven; and
  • with respect to any other rental or loaner vehicle, disclose to the prospective renter or borrower the recall status of the vehicle.

Potential Sanction for Failing to Check for Open Recalls: Effective December 4, 2015
The FAST Act also provides that a dealer can lose its federal statutory entitlement to be fairly reimbursed for performing safety recall repairs if:

  • it fails to notify "in-brand" service customers of any unremedied safety recalls applicable to their vehicles; and   
  • a "franchise, operating, or other agreement between the dealer and the manufacturer" requires such a service lane notice. Note that franchise agreements often incorporate documents by reference (e.g., operating manuals) that may impose this obligation.   

Since the law does not specify the manner in which such service customer notices should be made (e.g., oral, written, specific forms, etc.), manufacturer requirements, if any, control.[2]

While not mandated by this provision, NADA encourages dealers to:

  • adopt a policy to check all in-brand service vehicles for open recalls and to notify service customers of any that are identified; and  
  • obtain an acknowledgement of receipt from customers to whom notices are provided stating:
    • that they authorize the recall work to be done; or  
    • that they are declining the recall work; or  
    • that they will return to have the work done when the remedy becomes available.

[1] The FAST Act does not state whether loaners are covered rental vehicles.  Dealers with should consult with their individual counsel concerning this latter issue.
[2] Dealers are advised to consult with legal counsel familiar with (1) relevant manufacturer documentation and (2) applicable state law to ascertain the manner and form of any recall notice obligations.

Click here for a PDF version of this alert.  

* * * * * * * *

If you have questions on any legal or regulatory topic, please contact:

Tammi McCoy, VP, tammi.mccoy@coloradodealers.org, 303.282.1449

Tim Jackson, President, tim.jackson@coloradodealers.org, 303.282.1448

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.


Event Description
Date/Time
Location

Legislative Grassroots Meetings

Monday, June 20
11:30am – 1:00pm


CADA Headquarters
William D. Barrow Building
290 E. Speer Blvd.
Denver, CO 80203

CLICK HERE for more info.
or call Michelle O’Connor at
303.457.5113 or e-mail
michelle.oconnor@colorado.auto

NextGen Presentation by Rutt Bridges

Wednesday, June 22
5:00pm – 7:45pm


National Renewable Energy Laboratory (NREL)
15013 W. Denver West Parkway Golden, CO 80401

CLICK HERE for more info.

*Please RSVP by June 15 to Michelle O’Connor at 303.457.5113 or nextgendealers@colorado.auto

Colorado Dealer Compliance Guide Rollout and Educational Seminar

Various dates and locations across Colorado!


CLICK HERE for more info.

Register online!

CADA Annual Member Golf Event

Monday, August 29th


Eisenhower Golf Course
U.S. Air Force Academy

CLICK HERE for more info.

Damage Disclosure Webinar

On-Demand


For more information or to purchase a copy, please contact:
Trainor Walsh
303.457.5115
or e-mail
Trainor.Walsh@colorado.auto

2016 ACA Basics

On-Demand


For more information or to purchase a copy, please contact:
Mary Arambel
303.282.1457
or e-mail
mary.arambel@ coloradodealers.org

If you have a particular area of interest or would like to suggest a training seminar topic, please contact Marsha Temple at 303.457.5123 or marsha.temple@coloradodealers.org


FEDERATED INSURANCE: AUTO DEALER CLAIM OF THE MONTH

Federated Insurance’s “Claim of the Month” – Could it happen to you?

A dealership gave a loaner vehicle to a customer while the customer’s personal vehicle was being serviced. While driving three friends home from a party, the customer rolled the vehicle. Two passengers died, a third was injured. The deceased passengers’ estates and the injured passenger made valid injury claims against the dealership, because the driver was a permissive user of the loaner vehicle. A loaner agreement was signed, but insurance was not checked. The customer had no insurance.

CLAIM AMOUNT: $4.25 million

What policies are in place to help prevent this from happening at your dealership? Do you know who’s driving your vehicles? Federated recommends several best practices to help protect your business and manage risks; for example,

  • Obtain copies of the customer’s valid driver’s license and proof of insurance.

  • Require the customer to provide proof of liability and physical damage coverage.

  • Examine license and insurance to verify the information matches and neither has expired.

    These are just a few loss control recommendations you can use to help protect your dealership. To learn more, contact your local Federated Mutual Insurance Company representative and request a copy of our “Keys to Success” risk management brochure. Federated is recommended by 19 state and national auto dealer associations just like yours for customized insurance programs and value-added risk management services, such as Federated’s Shield Network®, the Risk Management Resource Center, and the Federated Employment Practices Network®. To discover how Federated can help you create or ramp up your own risk management program, or to find your local representative, click here.

Federated Mutual Insurance Company • Federated Service Insurance Company* • Federated Life Insurance Company Owatonna, Minnesota  55060 • Phone: (507) 455-5200 • www.federatedinsurance.com *Not licensed in the states of NH, NJ, and VT.

This article is for general information regarding risk prevention and should not be considered legal advice. The claim example is only a basis for discussion and illustrates only one possible scenario. Coverage for actual claims will be determined solely by individual policy terms and facts of the claim. The recommendations presented are not guaranteed to reduce or eliminate any risk of loss. Seek qualified counsel regarding questions specific to your circumstances. © 2015 Federated Mutual Insurance Company.

Federated Insurance specializes in general liability/business insurance for selected industries, including auto dealers.  CADA members interested in more information, contact Mike Russell, Senior Account Executive, Cell: 480.216.5445 or mdrussell@fedins.com

* * * * * * * *

UNIFIRST... THE NATION'S PREFERRED AUTO UNIFORM SUPPLIER


 

THANK YOU TO THE SPONSORS OF THE 11TH ANNUAL CADA MEMBER GOLF EVENT


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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.



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Colorado Automobile Dealers Association
290 East Speer Boulevard Denver, CO 80203
Telephone: 303.831.1722 | Facsimile: 303.831.4205
www.coloradodealers.org