JULY 1, 2009


IN THIS ISSUE

DEALER NEWS & INFORMATION

Automotive News at a Glance

 

REGULATORY & LEGAL UPDATES

Cash for Clunkers: Car Allowance Rebate System (CARS) Program Update


LEGISLATIVE UPDATE

Grassroots Alert! Call to Action!

 

UPCOMING SEMINARS

Upcoming Seminars
Controllers: Taxation Issues and DMS Cost-Reduction
Employment Law Webinar: Reducing Lawsuit Risks of Terminations and Staff Reductions; Archive Now Available!

CADA Virtual Seminar: Manufacturer Bankruptcy: What it Means and Proactive Steps- Now Available in Pre:Recorded Format!

CADA Virtual Seminar: Employer Requirements for New COBRA Subsidy; Archive Now Available


CALENDAR OF EVENTS
Upcoming Events

Dealer Management and Leadership Summit

CADA Annual Member Golf Event


DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS

Herm Brocksmith Becomes General Manager at Kuni Honda
Share 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.

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.




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.


CADA STAFF

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If you have questions
or suggestions
regarding this
e-newsletter, please
contact Lauren Stadler at
lauren.stadler@coloradodealers.org

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ENDORSED VENDOR/PROGRAMS

CLICK HERE for information about the
Endorsed Vendors/Programs
.

 


If you have trouble viewing any of the links or documents in this e-newsletter, please CLICK HERE to access the web-based version.


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.



CASH FOR CLUNKERS: CAR ALLOWANCE REBATE SYSTEM (CARS) PROGRAM UPDATE

As you are likely aware, the President signed the Car Allowance Rebate System (CARS) into law last week on June 24th, with program dates of July 1st through November 1, 2009.  However, within 30 days of signing, the National Highway Traffic Safety Administration (NHTSA) still needs to finalize detailed rules and create an online system to implement this program. 

Because key aspects of the implementation are not yet final, CADA does not recommend that dealers provide customers with credits based on an expectation of being reimbursed through a yet-to-be-defined process.  Further, there are stiff penalties for violations; the government notes “To protect consumers, dealers, and others, NHTSA intends to enforce the Act and the implementing regulations strictly.” The main government site contains the following:

While the CARS Act makes transactions on and after July 1 potentially eligible for credits under the CARS program, interested dealers and consumers may want to wait until all of the detailed issues that must be addressed in the implementing regulations are resolved and the final rule is issued.

If dealers choose to structure a transaction before the final rule is issued, they will bear the risks associated with later demonstrating that the transaction meets all of the specifications of the final rule.

See “Additional parameters governing rulemaking” for more insight on the program before the rules are finalized. 

Dealerships will need to register in advance to participate in the program, but the mechanism to do that has not yet been provided.  The following has been noted regarding that part of the process:

Under the law, NHTSA will make electronic funds transfers only to a registered dealer that has submitted the required proof of a completely eligible transaction. We will develop a registration system to identify licensed, franchised new vehicle dealers and to obtain the banking and tax identification information necessary for making secure electronic transfers. Only registered dealers will have access to the payment system.

With all of the press and news around this program, consumer expectations are likely high and varied, and most will expect July 1st availability.   The official government website for the program is www.CARS.gov.  Share this site with employees and customers—you can also register there to receive updates directly via email. BE CAREFUL AND DO NOT TRUST OTHER SITES CLAIMING TO PROVIDE INFORMATION OR REGISTER DEALERS.
Text Box: The official web site:  www.cars.gov
To assist your customers and provide the most up-to-date information on the CARS program, you may consider adding a link to the official government site to your dealership web site. 

CADA will keep you informed of updates as we receive them.  

Below are additional resources:

Also visit NADA for updated information as well:
www.nada.org/cashforclunkers 

* * * * * * * *

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


aa

GRASSROOTS ALERT!  CALL TO ACTION!
By Melissa Kuipers, Vice President of Government Relations & Communications

CADA is aggressively seeking co-sponsors for federal legislation, the Automobile Dealer Economic Rights Restoration Act.  These bills, HR 2743 in the House and S. 1304 in the Senate, would ensure that the bankruptcies of Chrysler and GM do not eviscerate dealers’ rights under state franchise laws.  The bill currently has 202 cosponsors in the House and 10 cosponsors in the Senate.  Rep. Lamborn (R-CO), Rep. Perlmutter (D-CO) and Rep. Coffman (R-CO) have already signed on as cosponsors.  Please contact the following members of the Colorado Congressional Delegation and encourage them to co-sponsor these critical pieces of dealer legislation.

HR 2743

Rep. Diana DeGette: 202-225-4431

Rep. Betsy Markey: 202-225-4676

Rep. Jared Polis: 202-225-2161

Rep. John Salazar: 202-225-4761


S. 1304

Sen. Mark Udall: 202-224-5941

Sen. Michael Bennet: 202-224-5852

Congress is on a break this week due to the July 4th holiday, but please leave messages and continue to call next week when Congress is back in Session.

For a copy of HR 2743, please click here.

* * * * * * * *

Questions or Comments?  Please contact:


a

* * * * * * * *

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

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

Controllers: Taxation issues and DMS Cost-Reduction

Bruce Nelson, CPA

Brad Bowers, CPA

Paul Gillrie, The Paul Gillrie Institute


Wednesday,
July 15, 2009

7:30am – Noon (time tentative)

CADA Office, 290 East Speer Blvd, Denver

CPAs will review lessons learned from recent dealership tax audits, and advise dealerships on areas of risk in state/local tax audits as well as other sources of liability.
Paul Gillrie, national consultant and expert on DMS system negotiations, reducing monthly costs/billing analysis, and on the DMS market overall. 

CLICK HERE for registration information

To register online, CLICK HERE!

Employment Law WEBINAR:
Reducing Lawsuit Risks of Terminations and Staff Reductions

By Todd Fredrickson, top Denver employment attorney, Fisher & Phillips, LLP


Archive of this webinar can be viewed any time

Session was completed June 18, 2009

Click here for a registration form and more information (login information and slides provided upon registration)

-Includes detailed Q &A by those linked in on June 18th

CADA Virtual Seminar: Manufacturer Bankruptcy: What it Means and
Proactive Steps for You to Prepare

Understand your rights and responsibilities in a bankruptcy proceeding

NOW AVAILABLE IN PRE-RECORDED FORMAT!

Archive of this webinar can be viewed any time

Session was completed May 1, 2009
-Includes detailed Q &A by those linked in on May 1st

Click here for a registration form and more information (login information and slides provided upon registration)

CADA Virtual Seminar: Employer Requirements for New COBRA Subsidy

Speaker: Penny Wofford, Ford & Harrison LLP


Archive of this webinar can be viewed any time

Click here for a registration form and more information (login information and slides provided upon registration)

Session was completed April 7, 2009
-Includes detailed Q &A by those linked in on April 7th


Event Description
Date/Time
Location

Dealer Management & Leadership Summit

 

 


Thursday, Aug. 13

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

Marriott Denver South at Park Meadows Drive (I-25 and Lincoln in Douglas County)
More information on speakers/agenda will be posted online as finalized.

CLICK HERE for registration information

To register online, CLICK HERE!

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

For DEALER registration CLICK HERE

For ALLIED MEMBER registration CLICK HERE

To register online, CLICK HERE!

www.glenmoorcc.org


HERM BROCKSMITH BECOMES GENERAL MANAGER AT KUNI HONDA

Herm Brocksmith is the new general manager at Kuni Honda.  Herm has previously served as GSM at Kuni Lexus, working with GM Gregg Stone there.  More recently Herm served as GSM at Lexus of Colorado Springs (another Kuni store).

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


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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