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AUGUST 12, 2009
IN THIS ISSUE
 DEALER NEWS & INFORMATION
– Automotive News at a Glance
REGULATORY & LEGAL UPDATES
– CARS Act - Update on Audit Process
– CARS Act - Updated Q&A From NADA
LEGISLATIVE UPDATE
– Andy Kerr 2010 Campaign Kick Off Party!
– The Post-Mortem on Chrysler and GM Dealers - Hope is Alive
UPCOMING SEMINARS
– Upcoming Seminars
– 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
– CADA Regional Member Briefings!
CALENDAR OF EVENTS
– Upcoming Events
– Dealer Management and Leadership Summit
– CADA Annual Member Golf Event
– CADA Regional Member Briefings
– Denver Auto Show
DEALER MILESTONES,
HIGHLIGHTS & TRANSITIONS
–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
CLICK HERE for a CADA staff listing
If you have questions
or suggestions regarding this
e-newsletter, please
contact Lauren Stadler at
lauren.stadler@coloradodealers.org
CLICK HERE or scroll to the bottom
of this page if you want to be
added or removed from our list.
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to view linked
documents?
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download from Adobe.
ENDORSED VENDOR/PROGRAMS
CLICK HERE for information about the
Endorsed Vendors/Programs.
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If you have trouble viewing any of the links or documents in this e-newsletter, please CLICK HERE to access the web-based version.
IT'S NOT TOO LATE TO REGISTER! CALL TODAY TO
RESERVE YOUR SPOT!
Thursday, August 13, 2009
Marriott Denver South at Park Meadows Drive
8:00 am to 8:00 pm
Continental Breakfast & Registration start at 7:30 am
Who Should Attend?
Dealer principals/owners, general managers, in-house legal counsel, outside corporate counsel, senior dealership managers and directors, controllers, F&I managers, sales leadership, risk managers, key dealership leaders and decision-makers.
Why Attend?
~ Most important day you’ll spend as a dealer or manager
~ Reduce costly liability, litigation risk, and overhead
~ Significantly improve sales leadership
~ Reduce operational costs and cut waste
~ Improve your bottom line
Watch the VIDEO with Dave Anderson, Learn to Lead, on the Dealer Management and Leadership Summit!
For more information, CLICK HERE |
 
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.
- Doing the ‘Clunker’ Calculus
The New York Times, August 7
The “cash for clunkers” program will be back in full swing this weekend after President Obama signed a program extension on Friday.
CARS ACT - UPDATE ON AUDIT PROCESS
While many dealerships are still struggling to obtain reimbursement for CARs, aka “Cash for Clunkers”, transactions, be advised that the audit process for this program is beginning as well. CADA was contacted last week by the person designated with audits in Colorado. Participating dealers will likely start to be contacted right away. Do not be alarmed at this point, the CARS program / NHTSA will be auditing dealers as a standard part of this program. Leslie Nelson-Taullie will be the CARs Enforcement Specialist for Colorado as well as five other states (North Dakota, South Dakota, Wyoming, Utah, and Nevada) in her region. There will be three levels to the audit process, and their goal will be to complete each level for all dealers before moving to the next level.
Level 1 = Basic check to verify the dealerships’ eligibility as a licensed new car dealer. The auditor will need to verify your franchise agreement, state dealer license, and will review some completed deals to ensure the documentation is in order.
Level 2 = Audit of the paper trail from the dealership to the salvage/recycling company, to ensure the mandated key components of the clunkers have been properly destroyed.
Level 3 = This level of investigation will only take place if there is any evidence of fraud, and would be handled by law enforcement officials from the Officer of the Inspector General.
If dealerships have any questions on the audit process, please contact CADA. We can contact Leslie in order to address questions, and advise all dealerships of responses. Note the following from NADA Q&A:
Q. Must dealers keep records?
A. Dealers shall keep records of all transactions under the CARS Act and regulations there under for a period of five calendar years from the date on which they were generated or acquired.
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CARS ACT - UPDATED Q&A FROM NADA
NADA Regulatory Affairs staff is in ongoing contact with NHTSA/CARs officials --- continue to check back for updated Q&A. Some key Q&A updates are excerpted below; click on the link below to review ALL Q&A.
http://www.nada.org/legislativeaffairs/economy-financial/cash-clunkers/FAQ.htm
Q. How should I put the “JUNK AUTOMOBILE CARS.GOV” on the title? Handwritten? Type? Label?
A. Although not specified in its rule, NHTSA wants it handwritten and has reportedly rejected typed submissions.
Q. If a title is labeled as “JUNK AUTOMOBILE CARS.GOV” and submitted into the CARS system and later the deal is unwound, what happens to the vehicle’s title?
A. If such a situation occurs and cannot be approved under the CARS program, NHTSA claims they will work with individual state DMV to issue the consumer a new clean title.
Q: If the EPA mileage for the clunker qualified prior to July 24, does the transaction still qualify under the program? (Is there a grandfather clause for the EPA mileage adjustments)?
A. Certain customers and dealers relied on EPA’s fuel economy figures to qualify dealers prior to EPA changing the data for at least 76 models. If you have a specific case and NHTSA is rejecting it because of EPA's changes, please email help@cars.gov and it will be examined on a case-by-case basis.
Q. How long will it take NHTSA to approve or reject an application for payment?
A. NHTSA must approve or reject a complete application for payment within 10 days of submission. However, note that registration and reimbursement application systems have experienced difficulties and delays and may continue to do so.
Q. Can a consumer trade-in a Class 3 truck and purchase a passenger car under the CARS program?
A. No.
Q. May clunkers have salvage titles? What about outstanding bank or government liens?
A. Yes, clunkers may have branded titles, but must be free of liens and encumbrances and must be drivable. A lien payoff document accompanying the title will suffice.
Q. May dealers disable the trade at the buyer (dismantler/crusher/shredder or auction)?
A. Yes, as long as the vehicle is in the control of the dealer at all times.
Q. If the dealer is not disposing of the vehicle at time of claim submission, but will later, does the dealer attach the disposal certification form to the invoice?
A. No. These forms typically will be provided to dealers when clunkers are transferred. They may be attached to deals not yet submitted for reimbursement. Otherwise, dealers have 7 days following receipt to e-mail completed forms to disposal@cars.gov.
Review all Q&A:
http://www.nada.org/legislativeaffairs/economy-financial/cash-clunkers/FAQ.htm
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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
 
ANDY KERR 2010 CAMPAIGN KICK OFF PARTY!
Tonight at 6:00 p.m., State Representative Andy Kerr (D-Lakewood) will be holding a fundraising event in Lakewood at 240 Union, a fantastic restaurant in Lakewood. Rep. Kerr is currently serving as the Assistant Majority Leader in the Colorado House of Representatives and is expected to continue on the House leadership path. Additionally, Rep. Kerr was an early co-sponsor of SB 91, CADA’s Franchise Bill, and was instrumental in passing this legislation and keeping bad amendments (including Sunday sales) off of the bill.
Please join us tonight in support of Rep. Kerr! Below are the details:
Andy Kerr 2010 Campaign Kick Off Party!
Wednesday August 12, 2009
from 6:00 p.m. until 8:00 p.m.
at "240 Union", 240 Union Blvd., Lakewood, Colorado
Also in attendance will be the following supporters: Congressman Ed Perlmutter, Senate President Pro Tempore Betty Boyd, Rep. Max Tyler, County Commissioner Kathy Hartman, Lakewood Mayor Bob Murphy, CU Regent Monisha Merchant, State Board of Education Member Jane Goff, Lakewood City Council Member Diana Allen, Lakewood City Council Member Sue King, Lakewood City Council Member Adam Paul, Lakewood City Council Member Tom Quinn, West Metro Fire Director Pam Feeley, Water District Board Member Michele Wiechman, and CADA Contract Lobbyist, Mike Feeley.
Contributions should be made payable to “Citizens for Andy Kerr”
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THE POST-MORTEM ON CHRYSLER AND GM DEALERS - HOPE IS ALIVE
By: Richard N. Sox, Esq.
Now that New Chrysler and New GM are up and running and the dust is settling on Old Chrysler and Old GM, what is the status of Colorado dealers’ franchise rights?
CLICK HERE to continue reading.
Richard Sox is a Partner with the law firm of Myers & Fuller, P.A. whose sole practice is the representation of automobile dealers in franchise disputes with manufacturers, consumer litigation and regulatory matters. The Firm regularly advises the Colorado Auto Dealers Association on issues critical to our member’s dealerships.
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Questions or Comments? Please contact:
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| Event Description |
Date/Time |
Location |
Employment Law WEBINAR:
Reducing Lawsuit Risks of Terminations and Staff Reductions
By Todd Fredrickson, top Denver employment attorney, Fisher & Phillips, LLP
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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
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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!
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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)
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CADA Virtual Seminar: Employer Requirements for New COBRA Subsidy
Speaker: Penny Wofford, Ford & Harrison LLP
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Archive of this webinar can be viewed any time
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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
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| Event Description |
Date/Time |
Location |
Dealer Management & Leadership Summit
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Thursday, Aug. 13
8 a.m. to 7:30 p.m
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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 to learn more! |
CADA Annual Member Golf Event
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Monday, August 24, 2009
12:00 Noon Shotgun Start
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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 |
CADA Regional Member Briefings
- FULL LIST of location dates and times |
Eleven meetings for dealers across Colorado |
For more information www.coloradodealers.org/regionals
Attendees can register through CADA via Phone: 303.457.5123, FAX: 303.831.9100, or E-mail:rsvp@coloradodealers.org
* Please note different RSVP
for Colorado Springs and
Pueblo meetings. |
Denver Auto Show
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Wednesday, April 7
thru
Sunday, April 11, 2010 |
Colorado Convention Center
700 14th Street Denver 80202
CLICK HERE for more information. |
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
- Some Olds dealers lose again
The Detroit News, August 8
First, Oldsmobile dealers lost the brand. Now, some are losing big bucks.
- At Fox and MSNBC, Hosts Refire the Insult Machines
The New York Times, August 7
Executives at two of the country’s largest media companies are still trying to salvage what was essentially a cease-fire between MSNBC and the Fox News Channel.
- Loveland auto dealer to break ground
Coloradoan, August 5
The new Mini of Loveland auto dealer will break ground on its new showroom from 10 a.m. to noon Aug. 26 at the Motorplex at Centerra, I-25 and Crossroads Boulevard.
If you want to be added to our mailing list, please CLICK HERE.
To remove yourself from this list, click on this link. |
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