March 14, 2007
Volume #1, Issue #11

  DEALER NEWS
     - NADA Compensation Survey:
       Due April 1
     - Ford sells Aston Martin

  LEGISLATIVE STATUS REPORTS
     - Five Alive

  REGULATORY UPDATES
     - D&H Lawsuits

     - Manufacturer (Int'l Truck & Engine)
       wins legal challenge

  UPCOMING SEMINARS
     - Unclaimed Property Compliance
       Seminar

     - Other Seminars

 
  CADA CALENDAR OF EVENTS
     - 2007 Happenings


    Click here for Open Road archives.



 www.nada.org
 


If you have questions or suggestions regarding
this e-newsletter, please
contact Tim Jackson at tim.jackson@cadaonline.org 

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




Visit us at www.cadaonline.org.


   Need Acrobat Reader to view linked documents?  Click here for a FREE download from Adobe.

To save any of the files to your hard drive, right-click on them, select "Save Target As..." and save accordingly.

 

--------------------------------


NADA COMPENSATION SURVEY: DEALER PARTICIPATION REQUESTED BY APRIL 1

CADA has elected to participate in an NADA-sponsored dealership compensation survey this year. We strongly encourage you to participate in this survey designed to collect compensation and benefits data for key dealership employees.  

In 2005 more than 3,700 dealers from 71 state and local associations participated in this survey and the results were published in the NADA Management Guide “PF14 Paying to Motivate Update ‘05”. The results of this year’s survey, published as “PF15 – Paying to Motivate Update ‘07”, will be mailed to you from NADA for FREE if you decide to participate!*  This publication will also be sold to non-participating members for $75 each and will be available in late summer.  

The survey, in the past, has been done by paper and mailed back to NADA. This year the data will also be collected on a secure web site using a unique and anonymous “Key ID”.** If you do not wish to complete the survey online, please print the  PDF form provided below. You may also want to use this form as a worksheet before you enter your data online. If you have any problems entering the data online, you may fax the completed form back to NADA at (703) 827 6880. Please enter the Colorado association ID code [060] on the faxed forms. 

RESPONSES ARE DUE online or by fax to NADA at (703) 827 6880 by April 1, 2007.

When filling out the survey, use figures as reported on the 2006 W-2 forms. Include any elected salary deferrals made by the employee that may not be identified on the W-2 form.

To complete this survey ONLINE, please CLICK HERE.

To complete this survey via FAX, please CLICK HERE for the survey form and fax back to NADA at 703.827.6880.   Note that this is a large .pdf file and may take some time to download depending on your connection speed, so please be patient.

NOTES:

* In order to receive your FREE copy of “Paying to Motivate Update ‘07” you MUST print and fax the coupon provided on the web site.
 

** The National Automobile Dealers Association (NADA) is serving as the survey processor.

 

This survey is in addition to the Colorado-specific and more in-depth compensation survey that CADA conducts—in conjunction with Mountain States Employers Council—on behalf of Colorado dealerships.
 

* * * * * * *

FORD SELLS ASTON MARTIN

“Ford Sells Aston Martin, gets $848 million” (Excerpt from Automotive News
 March 12, 2007)
 

LONDON -- Ford Motor Co. today sold the Aston Martin luxury sports car brand to a consortium of investors in a deal valued at $925 million (479 million pounds).


But Ford is keeping a share of Aston Martin valued at $77 million (40 million pounds) and will hold a separate class of stock in the independent company. Ford will get $848 million from the sale.

 

  CLICK HERE to read the entire article and original press release.
 

* * * * * * *
 


FIVE ALIVE

 

While there are hundreds of various bills in play at the Colorado Capitol, the following include those five most pertinent pieces of legislation CAR is focusing toward.    

 

  CLICK HERE to read this informative article by CAR lobbyist Jeremy Cottrell. 
 


D&H LAWSUITS

 

We at CADA have received reports of a number of lawsuits filed in other states (Arkansas, South Carolina) seeking damages from dealers on the basis the delivery and handling (D&H) charges are the “unauthorized practice of law.” Some of the cases have been filed as class action litigation. We are aware of one such case having been filed in Colorado. If you are aware of any such cases or if your dealership receives notice of pending litigation, please let us know immediately.

 

A reminder to dealers that in light of these D&H lawsuits and these fees being targeted, please ensure you are following Colorado guidelines on the fees.

 

  CLICK HERE to review the D&H article reprinted from the July, 2005 CADA Bulletin.

Additionally, please be sure that all of your advertised prices are inclusive of D&H fees (per state advertising rules).

 

If you have additional questions on this topic, please contact either Tammi McCoy or Tim Jackson:
 

   -   Tim Jackson, President, tim.jackson@cadaonline.org, 303.282.1448

   -   Tammi McCoy, VP, tammi.mccoy@cadaonline.org, 303.282.1449

 

* * * * * * *

INTERNATIONAL TRUCK AND ENGINE CORP. WINS LEGAL CHALLENGE ON RETAIL OWNERSHIP

International Truck and Engine Corp won a legal challenge in the Colorado Court of Appeals that narrows the reach of Colorado franchise laws.

 

International, a manufacturer, has an ownership interest in the Denver Used Truck Center, a used motor vehicle dealership.  Since 1998, International had been operating with a motor vehicle dealer license. In 2004, Transwest GMC Trucks—realizing the ownership interest and conflict with state law—filed a complaint with the Auto Industry Division that Colorado statute 12-6-120.5(1) was being violated.  The statute states that “no manufacturer shall own, operate, or control any motor vehicle dealer in Colorado.”  

International essentially argued that “
any motor vehicle dealer” did not reach used motor vehicle dealers because that term is defined separately in the franchise law.  In other words, the legal outcome of the case hinged on the applicability and meaning of the word “any.”

 

The court agreed with International to find that the prohibition on manufacturer ownership does not reach used motor vehicle dealers.  the ramifications of this decision to Colorado dealers is worrisome.  CADA is evaluating options legislative to address this case, as we believe it is erroneous and contrary to the intent of the franchise act as originally passed. It is not yet known if Transwest will appeal this decision.  

 

  CLICK HERE to review the court’s opinion.  
 

If you have additional questions on any legal or regulatory topics, please contact either Tammi McCoy or Tim Jackson:
 

   -   Tim Jackson, President, tim.jackson@cadaonline.org, 303.282.1448

   -   Tammi McCoy, VP, tammi.mccoy@cadaonline.org, 303.282.1449

 


unclaimed property compliance seminar

The Colorado Office of the Treasurer compliance/audit personnel will review Colorado unclaimed Property Laws and Regulations. The Colorado Unclaimed Property Act has covered automobile retailers since 1992

  • Begin your annual reporting obligation now; penalties and interest will be waived

  • Businesses in Colorado must take specific steps to return “unclaimed property”; covered property not returned to the rightful owner must be turned over to the state

  • In general, “unclaimed property” includes various types of obligations or liabilities of a business which have been in active or have not been paid after an extended period of time after they are payable. Examples include:  Amounts owed to suppliers/vendors, Due Bills / We Owe Accounts (for parts, service, equipment ordered at the time of vehicle sale) Payroll/wage obligations, outstanding checks, Overpayments/refunds/rebates, or  security or other deposits,

  • Free reporting software from a third party is available from the state for reporting purposes; a representative will review and demo the software capabilities

  • Some dealerships or individuals attending may have “found” property at the state; they will check their records for all seminar attendees

   Please CLICK HERE for more information on this seminar.  Register for this seminar by returning the attached registration form or clicking on the respective link below.
 

City

Date / Time*

Location

Colorado Springs

** NEXT WEEK **
Thursday, March 22

11:30 am to 1:30 pm

Antlers Hilton, 4 So. Cascade Avenue (Uintah St. exit from northbound I-25; Cimarron exit from southbound I-25).  Phone: 719.955.5600

**NOTE:  CLICK HERE to register directly with Ann Winslow.

Grand Junction

Thursday, April 19

11:30 am to 1:30 pm

Grand Vista Hotel, 2790 Crossroads Blvd.

Phone:  970.254.7100

CLICK HERE to register for this location.

*Breakfast or lunch will be provided.

other SCHEDULED TRAINING seminars

Topic

City

Date / Time*

Location

Designated Risk
Management Seminar

   - Industry Loss
     Analysis

 

Denver

Tuesday, April 10
8 am to 4 pm

 

William D. Barrow Building

(CADA/ MDADA headquarters)
290 E. Speer, Denver,
SW Corner of Grant & Speer
 

Privacy, Safeguards and Graham Leach Bliley

By Rob Cohen, Auto Advisory Services
 

Denver / Metro Area

Thursday, April 26

TBD  / Tentative location

* Just scheduled; more information will be forthcoming

Privacy, Safeguards and Graham Leach Bliley

By Rob Cohen, Auto Advisory Services
 

Colorado Springs

Friday, April 27
Morning

 

TBD  / Tentative location

* Just scheduled; more information will be forthcoming

Secrets to becoming a Power Controller

By Sandi Jerome

Denver

Thursday, July 26
8:00 am to 11:00 am

 

William D. Barrow Building,

(CADA/ MDADA headquarters)
290 E. Speer, Denver,
SW Corner of Grant & Speer

* Just scheduled; more information will be forthcoming
 

Secrets to becoming a Power Controller

By Sandi Jerome
 

Western Slope

Friday, July 27
8:00 am to 11:00 am

 

TBD 

* Just scheduled; more information will be forthcoming
 

 


upcoming events for 2007

 

Event Description

Date / Time

Location

Denver International
Auto Show

 

Wednesday, March 28 - Sunday, April 1

Colorado Convention Center
Click here for more details...

 

Denver International
Auto Show

**Industry Night**

 

Thursday, March 29
5:00 pm to 9:00 pm

All dealership employees and their families attend free of charge. 

 
Click here for more details on ID and FREE admission requirements.

 

CADA Annual Golf Event

Monday, August 27

Noon shotgun start

Valley Country Club

14601 Country Club Dr., Aurora

Regional Member Briefings

   - Fall 2007

Dates to be determined

Location to be determined

MDADA Annual
Membership Meeting

Tuesday, November 27

11:00 am to 2:00 pm

Cherry Creek Country Club

(more details to follow soon)

 


If you want to be added to our mailing list, please click here.
 


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

 

Copyright 2007 Colorado Automobile Dealers Association.  All Rights Reserved.