FEBRUARY 11, 2009


IN THIS ISSUE

DEALER NEWS & INFORMATION

Automotive News at a Glance

 

REGULATORY & LEGAL UPDATES

Clarification on Full Use Plates for Loaner and Courtesy Vehicles

The Regulatory Maze: NADA's Annual Update on Federal Regulations

ALERT! New I-9 Form DELAYED Until April 3, 2009!

 

LEGISLATIVE UPDATE

CADA's SB-091 To Be Heard in Senate Business, Labor & Technology Committee

 

UPCOMING SEMINARS

Upcoming Seminars

Employment Law Seminar: FMLA and ADA Acts- New Federal Regulations!!

Tough Tactics to Reduce Expenses in Tough Times


CALENDAR OF EVENTS
Upcoming Events

Annual CADA Legislative Reception

NADC 5th Annual Member Conference

Denver International Auto Show

Dealer Management and Leadership Summit

CADA Annual Member Golf Event


DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS

Share Your Accomplishments


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

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.




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Endorsed Vendors/Programs
.

 


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AUTOMOTIVE 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.

  • Aurora Car Dealer Sets Sales Record Amid Recession
    CBS 4 Denver, February 4

    There's a lot of bad economic news in the auto industry, but some local dealerships are finding a way to beat the recession.
  • Bailout breakdown: Banks vs. the automakers
    The Detroit News, February 9

    More than $305 billion in federal bailout cash has been OK'd by the Treasury Department as of Feb 2. Where did it go?
  • EPA sets fuel efficiency hearing
    The Detroit News, February 9
    The Environmental Protection Agency plans to move quickly to consider a request by California and 13 states to impose a 30 percent reduction in tailpipe emissions by 2016 -- a measure that would require automakers to dramatically boost the efficiency of light trucks and passenger cars.
  • Auto industry lures computer-generated imagery firms
    The Detroit News, February 9
    The film industry only recently made its Metro Detroit debut. But within the last decade, the region has become home to a niche industry of computer animators and digital special effects companies hoping to bring some high-tech, Hollywood flair to the Big Three's car and truck commercials.
  • Detroit wants to thin the herd of dealers
    USA Today, February 10
    GM wants to shed 1,675 of its more than 6,000 dealers by the end of 2012.
  • China's monthly auto sales overtake U.S. for first time
    USA Today, February 10
    China's monthly vehicle sales surpassed those in the United States for the first time in January, moving this country closer to becoming the world's biggest auto market, data released Tuesday showed.
  • China Auto Sales Overtake U.S. in January
    The Wall Street Journal, February 10
    China's auto sales overtook the U.S. in January for the first time, the country's car industry association says.

    * * * * * * * *



CLARIFICATION ON FULL USE PLATES FOR LOANER AND COURTESY VEHICLES

Last week’s issue of Open Road included a reminder of full use and demo plate restrictions.  After receiving several phone calls from members on this issue, one additional point should be added to the June 27th article – while full use plates can be used on loaner and courtesy cars, those cars cannot have “commercial advertisements” for the dealership on the sides/panels.  This is an exception to the use of full use plates.   The smaller, dealership logo/name marking that most vehicles contain on the back of the vehicle are allowable.  

DEALER FULL USE PLATES - LOANER AND COURTESY VEHICLES, (June 27th, 2007 Open Road)

In last week’s issue of Open Road, the current regulations and statutes covering Full Use and Demo Plates were recapped. CLICK HERE to review that article. As further clarification regarding Full Use Plates, please note that full-use dealer plates may be used for both courtesy vehicles that dealership employees may drive, and for loaners that customers may be allowed to drive when their vehicles are being serviced; provided of course the other requirements are met. 

While there was some disagreement in the past couple of years regarding prior interpretation and long-standing practice, the Auto Industry Division has indicated these are allowable uses until such time as there is a statutory change, or until there is formal rulemaking to address the issue. Subject to the restrictions noted in last week’s article, full-use plates generally may be used “in lieu of, in the same manner as, and to the same extent as number plates issued pursuant to section 42-3-113” [42-3-113 covers the standard registration, taxation and licensing of motor vehicles].

CLICK HERE to review last week’s article on this topic.

* * * * * * * *

THE REGULATORY MAZE: NADA'S ANNUAL UPDATE ON FEDERAL REGULATIONS

This annual AutoExec magazine article lists federal rules that apply to car and truck dealerships, organized by dealership department. To download CLICK HERE.

 

 

 

* * * * * * * *

ALERT! NEW I-9 FORM DELAYED UNTIL APRIL 3, 2009!

At the eleventh hour, the US Citizenship and Immigration Services announced that it would delay implementation of the new I-9 until April 3, 2009.  The new form would have gone into effect Feb 2.  Until April 3, the correct form is the one with the Revision Date of 06/05/2007 and a 06/30/2009 Expiration Date

For more information on the new I-9 form, see our January 28, 2009 issue of the Open Road.

* * * * * * * *

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 SB-091 TO BE HEARD IN SENATE BUSINESS, LABOR & TECHNOLOGY COMMITTEE
By Melissa Kuipers, VP of Government Relations and Communications for CADA

CADA's lobby team is full speed ahead at the Capitol!  After 2 years of discussion, a member-wide survey and countless meetings of your Legislative Policy Committee, a seven point legislative bill has been drafted and is now referred to as SB-091.  The "SB" stands for "Senate Bill."  In the Senate, SB-091 is sponsored by Sen. Chris Romer (D-Denver), son of former Governor Roy Romer, Senate President Peter Groff (D-Denver), and Senate Minority Leader Josh Penry (R-Fruita).  In the House of Representatives, SB-091 is sponsred by Rep. Joe Rice (D-Littleton), Chairman of the House Business Affairs & Labor Committee, Rep. Don Marostica (R-Loveland) and Rep. Amy Stephens (R-Monument).

Tim Jackson, and I, traveled extensively througout the state in December to meet with legislators prior to the start of the Legislative Session on January 7, 2009.  Although we did not have a bill yet during those meetings, we did have a list of the 7 top issues that our 270 dealers wanted addressed legislatively.  This extra effort on the part of your lobby team has certainly placed us ahead of the curve in terms of educating legislators about our issues as we headed into the 2009 Session.   

Since the start of the Legislative Session just over a month ago, your lobby team, along with several dealers, have been at the Capitol every day lobbying legislators on SB-091 and educating them about the issues that matter most to you.  Most legislators were unaware of the frustrations you experience when it comes to your sales and service agreements with automakers. 

SB-091 proposes to accomplish seven goals...

CLICK HERE to continue reading!


a

EMPLOYMENT LAW SEMINAR: FMLA AND ADA ACTS - NEW FEDERAL REGULATIONS!!

Tuesday, March 10, 2009

Presented by Todd Fredrickson, top Denver employment attorney

In January of 2009, the federal government saddled employers with new laws, regulations and obligations under the Americans with Disabilities Act (ADA) and Family Medical Leave Act (FMLA).  Workplace law experts expect these new laws will generate an increase in lawsuits against employers—especially in the current economic downturn as downsizing is occurring.   

  • The U.S. Dept. of Labor announced new FMLA regulations in November, 2008, the first significant changes to the regulations since 1995.  Changes effective January 16, 2009 – key changes include:
    • Implements two new forms of military family leave created earlier this year
    • Expands employer's notice requirements to include a general notice about the FMLA; an eligibility notice; a rights and responsibilities notice; and a designation notice.
    • Defines serious health condition
    • Changes to medical certification process, fitness for duty evaluations, substitution of paid leave
  • The ADA Amendments Act require almost all human resource professionals, managers, and business owners to adopt new policies and procedures in dealing with accommodation requests, as well as greatly impact employment litigation claims.
    • Overview of what has changed and how to comply; what is “disabled”?
    • What this means to employers and who will be affected
    • The risks and penalties of non-compliance; effective date, Jan. 1, 2009.

Todd Fredrickson,  Attorney, Fisher & Phillips, LLP, http://www.laborlawyers.com/
Todd Fredrickson is the managing partner of the Fisher & Phillips' Denver office. Specifically, he has defended employers against claims of discrimination, harassment, and retaliation. Todd has represented clients in both federal and state courts, the United States Department of Labor, the National Labor Relations Board, the  Equal Employment Opportunity Commission, the Colorado Civil Rights Division, and the Colorado Department of Labor.  Todd regularly counsels clients on a spectrum of personnel management issues, with the goal of avoiding litigation altogether. To that end, he advises employers on developing and enforcing proper application and interview policies, employee handbooks, and employment and compensation agreements. Todd counsels employers on compliance with federal and state wage and hour laws. Much of his practice focuses on training.

A CLICK HERE for more information
on this
training session.

* * * * * * * *

TOUGH TACTICS TO REDUCE EXPENSES IN TOUGH TIMES

March 24-25, 2009

Presented by Steve Lane, management instructor at the NADA/ATD Dealer Academy. Steve has more than 30 years’ experience in the automotive industry as a controller, director of internal audit and financial analysis, and as a regional CFO.

About the Topic:

Effectively controlling a dealership's expenses is crucial in order to maximize the profitability of the business.  In today's challenging and difficult economy, it is of paramount importance to the survival of a dealership!  "Tough Tactics to Reduce Expenses in Tough Times" will show you how, on a step-by-step approach, to eliminate wasteful spending, and get your
expenses in line with NADA profiles and guides.

Who should attend:

  • Dealers
  • General Managers
  • Department Managers
  • Controllers
  • Office Managers

How You will Benefit:

  • Learn how to review your general ledger comparative expense detail to identify and eliminate "wasteful" expenses.
  • Learn how to review your DMS expense trend report (a powerful tool).
  • Learn how to use custom-built franchise specific Excel templates to quickly review your expenses and compare your results against NADA profiles.

What You will Cover:

  • Your Three Largest Expenses - These must be effectively controlled if you want to be profitable.
  • The Power of the Pay Plan - Personnel expense is a dealership's largest expense.  Pay plans must be crafted to achieve the vision of the Dealer.
  • How to effectively manage your floor plan expense.
  • How to effectively manage your advertising expense.  
A CLICK HERE for more information
on this
training session.

* * * * * * * *

aTO REGISTER ONLINE FOR ANY CADA
SEMINAR OR EVENT, PLEASE VISIT:

www.coloradodealers.org/registration
Event Description
Date/Time
Location

Employment Law Seminar:
FMLA and ADA – NEW FEDERAL REGULATIONS!!

CO Springs

By Todd Fredrickson, top Denver employment attorney

Tuesday, March 10, 2009,

Noon to 2:30pm

 

Phil Long Collision Repair Center, 4045 Sinton Road., Colorado Springs, 80903,

Colorado Springs dealers should register with CSADA, Ann Winslow, 719.473.1465 or abwinslow@comcast.net

For more information Click Here

Tough Tactics to Reduce Expenses in Tough Times

Location: Denver (site to be determined)

Presented by: Steve Lane, management instructor at the NADA/ATD Dealer Academy

March 24-25, 2009,

(1.5 days)

Click here for a course description.

This session will show you how, on a step-by-step approach, to eliminate wasteful spending, and get your expenses in line with NADA profiles and guides.

Registration flyer coming soon!


Event Description
Date/Time
Location

Annual CADA Legislative Reception

Thursday, February 12, 2009

5:00 to 7:30 pm

William D. Barrow Building
(CADA/MDADA Headquarters)
290 East Speer Blvd, Denver

More information coming soon!

National Association of Dealer Counsel (NADC) - 5th Annual Member Conference

NADC is a nationwide professional organization of attorneys who represent automobile and other vehicle/vessel dealers

April 1-3

Four Seasons at Las Colinas

CLICK HERE
for more information!

Discount hotel block expires March 5th

Denver International Auto Show

Wednesday, April 1, 2009

thru  

Sunday, April 5, 2009

Colorado Convention Center

700 14th Street Denver 80202

 

Dealer Management & Leadership Summit

 

Save the Date

Thursday, Aug. 13

8 a.m. to 7:30 p.m

Colorado Convention Center
700 14th Street Denver 80202
More details and information coming soon!

CADA Annual Member Golf Event

Monday, August 24, 2009

12:00 Noon Shotgun Start

Glenmoor Country Club
110 Glenmoor Drive
Cherry Hills Village, 80113
303.781.3000

www.glenmoorcc.org


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