ojanuary 2012 - associationdatabase.com

O adaNews
JANUARY 2012
a publication of the Ohio Automobile Dealers Association
BWC
Finalizes Alternative Rating Program Changes
By CareWorks Consultants, OADA’s endorsed provider of workers’ compensation savings and services
The Ohio Bureau of Workers’
Compensation (BWC) has approved a
number of changes to its alternative rating
programs. These changes are designed to
encourage meaningful behaviors by employers. Specific areas of focus are injury
prevention, loss control and return-to-work
efforts.
contents
Workers Comp Program Choices ...... 2
401(k) Hot Topics & Trends................... 3
Ad Review Corner.................................... 4
NLRB Postpones Effective Date of
Rights Posting Rule to April 30 .......... 4
OADA Services Offers a FREE Copy of
the NLRB Poster........................................ 4
Safety Concerns....................................... 5
An LDF Thank You Note......................... 6
DOT Restricts Mobile Phone Use....... 8
Additional BWC Rx Program Changes..9
Group Rating Enrollment Forms Have
Been Mailed . ........................................... 9
Mandatory Use of BMV Form #3772 . . 9
NADA News .............................................10
A p p ra i s i n g Ve h i c l e s fo r G e n -Y
Customers Webinar..................11
KPA Offers One Stop DOT Hazmat
Compliance ...........................................12
Creating Your Employee Handbook - Webinar Workshop with
Fisher & Phillips ..........................12
Fa c i l i t y U p g r a d e s : M a x i m i z ing Construction Cost Write Offs to Minimize Taxable Income
Webinar ...........................................15
2012 OADA Convention ......................16
Publisher: Tim Doran
Editor: Nikki Bragg
All Rights Reserved
The information provided in this newsletter is intended for general knowledge
purposes only and is not intended to be
the furnishing of legal or other professional
advice. If legal advice or other expert assistance is required, the services of appropriate
advisors should be sought.
The first of these changes was announced when the BWC Board of Directors
eliminated the “Break Even Factor” which
was an assessment used in calculating
rates for employers in traditional group
rating programs. BWC also adjusted their
credibility table to reflect a 53% maximum
discount. Taken together, the significance
of these changes is that the maximum allowable discount through traditional group
experience rating has increased to 53% for
the 2012 policy year from its prior 51%
ceiling.
make the program less burdensome and
more business friendly.
Small Deductible Program - Deductible Levels of $500 - $10,000 (effective
7/1/2012)
o Payments made under the small deductible program are excluded from
employers’ experience and therefore
do not impact rate calculations. As a
result employers will theoretically have
lower claims values and reduced rates
and premium.
BWC completed its changes in
December by approving a plan branded
Destination: Excellence. Under Destination: Excellence, changes were made
to various existing programs, while new
initiatives were created to encourage loss
control and employer behavior.
One Claim Program - (effective 7/1/2012)
CHANGES TO EXISTING
PROGRAMS
Ten-Step Business Plan for Safety (effective
7/1/2012)
100% EM Cap Program (effective
7/1/2012)
o Eliminated the requirement for an
employer to be penalty-rated in order
to qualify. Under the new rules, any
employer whose individual experience
modifier increases more than two-fold
– even those who remain base- or creditrated – would be able to use this program to limit the increase in premium.
This change should increase the number
of employers eligible to benefit from the
program.
o Eliminated the requirement to implement the 10-Step Business Plan for
Safety and replaced it with a requirement to complete an industry-specific
half-day training during the first year of
participation and online training classes
in subsequent years. These changes will
www.oada.com
o Reduces the discount to 20% in the
first year, 15% in the second year, 10%
in the third and 5% in the fourth year
of participation. The current discount
through the One Claim Program is 40%
for all four years.
o Replaces requirements to implement
the 10-Step Business Plan with more
tailored safety programs to fit employers’ industry, accident history and size.
Many employers have asked for more
industry specific safety programming
for a number of years.
NEW PROGRAMS
Industry Safety Discount (effective
7/1/2012)
Establishes a 3% discount for employers who agree to complete a safety risk
assessment and provide employer-specific
safety data to the BWC upon request. Depending on size, employers will be required
to complete one, two or all of the following
activities:
BWC Finalizes Changes
continued on Page 8
january 2012
1
Workers’ Compensation Program Choices:
Traditional Group or Group Retrospective Rating?
By CareWorks, OADA’s endorsed managed care organization for workers’ compensation
This year has been a bit different for additional assessments.
from the past for workers’ compensation Group Retrospective Rating
rating program quotes. First, the enrollment
Group retrospective rating will
process for 2012 group rating programs was begin
its
fourth
year in Ohio effective July 1,
delayed while the Ohio Bureau of Workers’
2012.
This
program
is similar to traditional
Compensation (BWC) evaluated program
group
rating
in
that
it allows sponsoring
rule and discount changes. With those
organizations
like
OADA
to form groups of
changes finalized in late November, dealsimilar
employers
to
secure
future premium
ers should now be receiving their OADA
reductions.
Under
group
retrospective
ratgroup rating program proposals. Also, for
ing,
groups
are
made
up
of
members
who
the first time many dealers will be receiving
quotes for two different types of group rating have very favorable, low loss ratios (i.e.
programs - traditional group rating (the type significantly low historical claims costs
we have all grown accustomed to over the compared to a higher projected premium).
last 20 years) and group retrospective rating. OADA’s 2012 group retrospective
In fact, many current OADA group rating rating program is offering tiers like we do
program members have already received with traditional group rating. These tiers
information about our group retrospective allow individual dealers the opportunity to
rating program.
select among options that are projected to
Many dealers will be in the envi- generate premium refunds of 75.8%, 58.9%,
able position of considering both program or 32.3%. Availability of the three options
options for the 2012 policy year and deter- depends on each dealership’s historical
mining which is the best fit for their indi- claims experience and their willingness to
vidual dealership. While this opportunity accept a degree of risk. The top two tiers
is a good thing, it is understandably a bit are projected to provide dealers more savconfusing. Dealers who are eligible for ings than can be achieved with OADA’s
both OADA’s traditional group and group maximum discount traditional group rating
retrospective rating programs are only per- program! In fact, our 2010 & 2011 group
mitted to enroll in one. To understand the retrospective rating programs are currently
differences between traditional and group doing just that - outperforming traditional
retrospective rating, the following is a brief group rating. OADA’s group retrospective rating program is quickly becoming
overview of the two programs.
another “tool in the tool box” for all dealers
Traditional Group Rating
to consider when assessing their workers’
Traditional group rating has been compensation options on an annual basis.
available in Ohio since 1991. With tradi- There are considerations dealers
tional group rating, dealers’ past experience should take into account with group retrodetermines eligibility and savings levels for spective rating. First, dealers will initially
the upcoming policy year. This program pay their full individually-rated premium
is tiered, allowing dealers with various (not a reduced premium as is with traditional
levels of claims experience the opportunity group). If the group performs as we anticito reduce their premiums between 20% pate, the dealership will receive three refund
and 53%. This up-front group discount is checks over a three year period. While the
applied prospectively and appears on the chances are extremely remote, if the whole
semi-annual BWC payroll reports used to group collectively were to perform catacalculate premium. With OADA’s tradi- strophically, as compared to their historical
tional group rating there is virtually no risk losses, dealers would be responsible for pay-
2
january 2012
ohio automobile dealers association
ing additional premium. The key to group
retrospective rating is in the underwriting.
Participants must maintain a low claim
frequency and severity during the group
retro policy year. Remember that OADA’s
group retrospective underwriting standards
have produced results that exceed traditional
group rating standards in 2010 and 2011.
In summary:
Traditional Group
Rating
Pay discounted
premium based on
your group’s savings discount
Virtually no risk
Projected savings
range from 20% to
53%
No refund check,
you receive your
discount rate up
front and pay premiums at lower
group rates.
Group Retrospective Rating
Pay entire premium
up front
Some level of risk
depending on group
selected
Potential savings
from 32.3% to
75.8%
Receive refunds
over a three year period after the policy
year ends
For many dealers, there will be
“no right answer” as to which program to
choose. However, we are here to help evaluate your options so that you make the best
choice for your dealership. OADA’s dedicated Account Executive with CareWorks
Consultants is Kirsten Gibson. Kirsten can
discuss your individual store’s experience
and the options available to you. Kirsten
may be reached at (800) 837-3200, ext. 7110
or (614) 526-7110. Please feel free to call
Charlie Howard if you have any questions
regarding these programs. Charlie may be
reached at (800) 686-9100, ext. 110 or (614)
923-2232. <
#SPXO#BH-VODI8FCJOBS4FSJFT
QSFTFOUFECZ
QSFTFOUFECZ
5IF0IJP"VUPNPCJMF%FBMFST"TTPDJBUJPO
5IF0IJP"VUPNPCJMF%FBMFST"TTPDJBUJPO
401(k) Hot Topics & Trends
This Webinar is being hosted and moderated by OADA. Registration fee for OADA members is $30 per connection. Non-member fee is
$50.00. The Webinar is scheduled for Thursday, January 12, 2012, from 11:00 am - noon
Join OADA for this insightful discussion, which will cover current key topics and offer valuable information on plan design options for your dealership(s) to help you answer the following questions:
Does your plan design support the goals of ownership and those of your employees? If not, why? Do you
know what options are available? Is your retirement plan a lemon? Is your plan 408(b)2 compliant?
No plan? Why start a retirement plan?
• Recruit, retain and retire
• Seventy-nine percent of employers like you find their retirement plan to be an effective recruiting tool
• Employees rank retirement plans as one of the most important benefits they receive from employers,
second only to their health insurance
• Retirement benefits are one of the top three contributors to employee loyalty
In the beginning, the 401(k) plan was thought of exclusively as an employee benefit with all emphasis on
plan design. Investment options were virtually an afterthought. However, as time continued, the focus of many
retirement plans turned to being as “hi-tech” as possible.
Now, the focus has transitioned more to plan design benefitting Key and Highly Compensated Employees
with additional focus on participant education to and through retirement. Join us as we take a closer look at these
topics and more!
This program is being presented by The Principal Financial Group. The Principal is a leading global financial company offering businesses, individuals and institutional clients a wide range of financial products and
services, including retirement solutions.
For more information, please visit our website at www.oada.com, or contact DeAnna Zahniser at 614923-2231 or [email protected]. Registration fee for OADA members is $30 per connection. There is a $50.00
registration fee for non-member dealers, per connection. Register today!
Registration Form
401(k) Hot Topics & Trends
Registrant
Name (s)
Position (s)
Dealership Name
Address, City, State & Zip
Telephone (
)
Fax (
)
E-mail
Registration fee for members is $30 per connection. Non-member dealers pay $50.00 per connection.
Please register me for the webinar. (Registrants must
provide an email address)
I have already registered online for the webinar.
Return to: OADA • 655 Metro Place South, Suite 270 • Dublin • Ohio • 43017 or fax to 614-766-9600
You can also register by logging onto the OADA web page at www.oada.com, or by calling 800-686-9100 x109.
NLRB Postpones Effective Date of
Rights Posting Rule to April 30
Text Messages &
Advertising
Beware!
OADA recently presented a webinar
on advertising compliance. We addressed
traditional media like newspaper ads, but
we also talked about emerging advertising
media like social media and texting. We
had no idea how timely the topic was; a
recent report in Automotive News indicates
that Lithia Motors, a publicly traded dealer
group, has been sued in two separate class
actions for texting 57,800 consumers’ cell
phones. The lawsuit accuses the dealership
of violating the Telephone Consumer Protection Act. A proposed settlement of the
case would require Lithia pay $2.5 million
dollars.
Sending a broadcast text message
creates a number of potential issues. First,
a text message is considered a telephone
call and is subject to the Telephone Consumer Protection Act. The TCPA is most
familiar to dealers due to its “Do Not Call”
provisions. Any dealer who wishes to text
a consumer’s cell phone must check both
the Do Not Call list and the dealer’s internal
do not call list.
The Lithia Motors lawsuits raise
additional issues. The plaintiffs in those
cases pointed out that text messages cost
recipients money, either through usage fees
or due to per-text fees charged by wireless
service providers. And, the suits allege that
Lithia failed to honor requests to opt-out of
future messages, violating both federal and
state law.
The National Labor Relations Board
has agreed to postpone the effective date of
its employee rights notice-posting rule at the
request of the federal court in Washington, DC
hearing a legal challenge regarding the rule.
The Board’s ruling states that it has determined
that postponing the effective date of the rule
would facilitate the resolution of the legal
challenges that have been filed with respect to
the rule. The new implementation date is April
30, 2012.
Most private sector employers will
4
By Rule adopted by the National Labor Relations Board (NLRB), every employer
covered by the National Labor Relations Act
will be required to post the prescribed poster.
The date for compliance was extended to
April 30, 2012. The stated reason for the
delay was to allow for more education and
awareness of this posting requirement.
The notice may be printed in black
and white and must be 11x17 or printed on
two 8.5x11 pieces of paper. In order to make it
easy for dealers to comply, OADA has printed
these posters on the same manila poster board
we use for the other employment posters
required by state and federal agencies.
This poster is offered to members at
no charge if ordered online at www.oadaservices.com. Simply go to the website, and it is
a featured item on the main page. Members
will need to register on the website (if they
haven’t done so already) in order to get the
poster for free. You may also call the OADA
continued on Page 13
january 2012
Contact:
Office of Public Affairs
202-273-1991
[email protected]
www.nlrb.gov <
REMINDER - OADA Services Offers
Dealers a FREE Copy of the NLRB’s
Newly Required Poster
Dealers who wish to send text messages to consumers’ cell phones or send
Ad Review
be required to post the 11-by-17-inch notice on
the new implementation date of April 30. The
notice is available at no cost from the NLRB
through its website, www.nlrb.gov, which has
additional information on posting requirements
and NLRB jurisdiction.
ohio automobile dealers association
Services sales desk at 614-923-2238 to order
the poster by phone, but there is a fee of $5
plus shipping to order it this way. Should you
have any questions or need assistance registering to use the website, please don’t hesitate
to contact Lindsey Rusk at OADA Services
at 614-923-2238 / [email protected]
It is important to remember that the
Final Rule makes it an independent violation
of the Act should an employer fail or refuse
to post the Notice (or, presumably, fail to do
so appropriately.) Of additional concern, the
Final Rule states that an employer’s failure to
post the Notice will likely serve to extend the
six-month limitation period for filing unfair
labor practice charges, and may be evidence of
anti-union motivation in any NLRB proceeding where motive is an issue.
If you have questions regarding
these posting requirements, please contact
Charlie Howard, ext. 110 or Sara Bruce, ext.
108 at OADA, 800-686-9100. <
How To Get Rid of Airbags & Seatbelt
Pre-Tensioners…
safety
CONCERNS
As airbags and seatbelt pre-tensioners become more common in new vehicles, more and more of these devices are finding
their way onto parts department shelves. In some cases dealerships
are finding that they no longer need some of these older or recalled
devices and are looking for a way to safely remove them from their
facilities.
now classified as a hazardous waste you have future Brought to you by KPA, OADA’s Endorsed Provider of
liability for its disposition. Safety and Environmental Compliance Services
KPA believes that there is
too much risk in this option, and that you should continue to store
the devices as materials rather than dispose of them as a waste.
So you’ve got some airbags & seatbelt pre-tensioners you
no longer want, what can you do?
Shipment back to the manufacturer
Sell or donate them
Obviously if you can find a market for a viable product it is
in your best interest to sell these devices. In some cases KPA has found
that your local fire department may want some of these devices for
training or demonstration purposes. In either case KPA recommends
you get a receipt for the transfer and if donating the devices to another
agency, it is in your best interest to obtain a liability waiver.
Detonation and disposal as normal refuse
When one of these devices is detonated the ingredients are
generally rendered inert, and can usually simply be disposed of as
normal refuse. This led many original equipment manufacturers,
(OEM’s) to provided electrical detonation kits. The problem here is
that these devices are very powerful and safe detonation will require
training and a very controlled detonation area.
Even more troublesome is the interpretation by most states
and local governments that detonation of these devices is considered
treatment of hazardous waste. Un-deployed airbags are considered
Hazardous by both DOT and EPA definition. EPA also mandates that
“Hazardous” wastes cannot be treated or otherwise modified to nonhazardous material without special permitting. So if the purpose of
your detonation was to dispose of the airbag, your facility could be
reclassified as a hazardous waste treatment facility operating without
a treatment permit.
For these two reasons, (safety & waste treatment issues),
KPA recommends dealers DO NOT detonate any airbags, or seatbelt
pre-tensioners. Airbags and seatbelt pre-tensioner detonation should
be left to professionals and not be performed at the dealership.
Shipment and disposal as hazardous waste
If your facility has determined that the devices are not
needed and is looking for a quick disposal option, there are several
vendors that will transport and dispose of these devices as hazardous
waste. The issue with this option is cost and future liability. The typical disposal option is more than $60 per device and as the material is
Many car manufacturers have conducted recall campaigns
of airbags and seatbelt pre-tensioners. In some of these campaigns
the dealer was permitted to send the airbags back to the OEM for
testing by the OEM. If your manufacturer is running such a campaign and will permit you to ship the items back un-deployed, KPA
recommends you take advantage of this service.
Shipment as recycled materials
This is the most promising option available to dealers and
one that KPA is working on as a potential solution. It appears that
a dealer can classify their un-deployed devices as off-specification
surplus materials sent for recycling and if the majority of the material is recycled, the inactivation of the device can be considered a
normal part of the recycling process. This would not be considered
treatment of waste and the cost for recycling would be significantly
less than the cost of disposal as a waste. KPA is actively researching this option and plans to have a solution with a recycling vendor
available to dealers in early January at http://www.kpaonline.com/
airbags.
One last note --- Don’t forget the DOT shipping Rules
These devices used to be classified by the DOT as explosive devices
but more recently have been reclassified as only Class 9 materials.
In either case they are considered Hazardous Materials and must
be shipped as such. You should have employees in your parts department that are already DOT trained and can ship these materials
safely and compliantly with the appropriate packaging and proper
shipping name. Remember that if the device is in its original package and labeled as a Class 9 material it is likely already properly
packaged – all you’ll need is shipping papers and an appropriate
24-hour emergency response number. If you’re subscribed to KPA’s
DOT product you already have online training and access to our
24-hour number. Finally, please only ship hazardous materials by
ground shipment.
For more information regarding safety in and around the dealership,
contact Nick Hardesty or Glorianna Cooley at KPA. Nick can be
reached at 262-510-7620 or Glorianna at 614-432-5044. <
www.oada.com
january 2012
5
An LDF Thank You Note
We wanted to thank each dealer
who recognized the importance of the
Legal Defense Fund by making a contribution in 2011. The strength of the Fund
is dependent on your generosity.
Dealers who give to the OADA
Legal Defense Fund understand their contribution ensures help will be available when
dealers need it most. The Fund helps defray
costs of litigating issues that have a significant impact on all dealers. The issues we
support define, limit, or expand your legal
rights and obligations; they go to the heart
of your business.
This year we feel especially proud
that LDF funds were available to prevent
a potential class action which sought to
include every dealer who had ever charged
a documentary fee as a defendant. It took
nearly eighteen months, but OADA was
successful in having the case dismissed
before a class could be certified. The judge
unequivocally recognized that state law allows dealers to legally charge a documentary
fee of the lesser of $250.00 or 10% of the
contract price, excluding tax, title, registration and any negative equity adjustment.
We wish the fight was over, but
we’re already fighting round two- the
plaintiff has appealed. We’ll continue to
defend dealers and their ability to charge a
documentary fee.
We don’t know what 2012 will
bring, but LDF will be here to assist dealers.
If your name is missing from our
list and you would like to contribute in 2012,
please use the attached contribution form
or make an online contribution at www.
oada.com (quick link “LDF contribution”).
Remember, corporate funds may be used for
LDF contributions. <
A.D. Farrow LLC
Bob Ross Buick GMC Mercedes-Benz
Caranfa Ford
Aber’s Truck Center
Bobb Suzuki
Carriage Towne Chrysler Dodge Jeep
Acura Columbus
Bob-Boyd Dodge Chrysler Jeep
Carroll Halliday, Inc.
Al Baumann Chevrolet Buick
Bob-Boyd Fiat of Columbus
Cascade Auto Group LTD
Al Smith Chrysler Dodge Jeep Inc.
Bob-Boyd Ford Mazda, Inc.
Cerni Motor Sales, Inc.
Allan Nott Enterprises, Inc.
Bob-Boyd Lincoln
Charles Chevrolet, Inc.
Alliance Motors, Inc.
Bobby Layman Cadillac GMC Truck
Chesrown Chevrolet Buick GMC
American Coach Sales
Bobby Layman Chevrolet
Clark Ford Sales, Inc.
American PowerSports
Borcherding Enterprises
Classic Buick GMC
Anderson Ford Sales, Inc.
Breyley Yamaha Inc.
Cobb Auto Sales, Inc.
Auto Choice Chevrolet Buick
Brittain Motors, Inc.
Cole Motor Sales, Inc.
Autocenter Southeast, Inc.
Brondes Ford, Inc.
Cole-Valley Chevrolet
Automobile Dealers Association of Eastern
Ohio
Brother’s Chevrolet
Cole-Valley Motor Company
Avalon RV Center, Inc.
Bruce Bloom-Boose Chevrolet Co.
College Hills Honda
Buckeye Ford, Inc.
Columbia Acura Hyundai
Buckeye Honda
Columbiana Chrysler Jeep Dodge
Buckeye Nissan, Inc.
Columbiana Ford, Inc.
Bud’s Chevrolet Buick
Columbus Mitsubishi North, Inc.
Bud’s Chrysler Dodge Jeep, Inc.
Columbus Mitsubishi West, Inc.
Burgess Hearse & Ambulance Sales, I
Columbus Truck & Equipment Co., Inc
Busam Fairfield LLC
Craig Smith Auto Group
Busam Motor Sales, Inc.
Craig Smith-Craig Smith Auto Group
Bush Auto Place
Cronin Ford, Inc.
Byers Chrysler Jeep LLC
Crown Chrysler Jeep, Inc.
Byers Delaware - Toyota Scion
Crown Kia
Byers Dublin Chevrolet
Crown Motor Company, Inc.
Byers Ford Lincoln LLC
Dan Hatfield Chrysler Dodge Jeep
Byers Imports
Dan Hemm Chevrolet Buick GMC Cadillac
Byers Kia
Dan Tobin Buick GMC, Inc.
Byers Mazda Subaru, LLC
Dave Gill Chevrolet
Byers Volvo
Dave White Chevrolet, Inc.
C & A Harley Davidson
DeCosky Ford, Inc.
Balderson Motors
Barnett Ford
Barry’s Chev Buick Inc.
Barry’s Chevrolet Buick Inc.
Bedford Nissan
Beechmont Ford, Inc.
Beford South Point Ford, Inc.
Bill DeLord Autocenter, Inc.
Bill Harris Auto Center, Inc.
Bill Marine Auto Center, Inc.
Bill Marine Ford, Inc.
Bob & Chuck Eddy Chrysler Dodge Jeep
Bob Caldwell Chrysler Jeep Dodge
Bob Chapman Ford Mercury
Bob Daniels Buick GMC Truck
Bob Gillingham Ford, Inc.
Bob Kelley, Inc.
Bob Malcom Chrysler-Dodge-Jeep, Inc
Bob Pulte Chevrolet Inc.
6
january 2012
Camargo Cadillac
Capitol Cadillac
ohio automobile dealers association
LDF Contributors
continued on Page 7
Grand Ford, Inc
Just Saab Dayton
Greenwood Auto, Inc.
Kasper Buick GMC
Greenwood’s Hubbard Chevrolet, Inc
Kasper Chevrolet Buick
DeCosky Motor Holdings, Inc.
Greve Chrysler Jeep Dodge of Van
Kasper Chrysler Dodge Jeep
Defiance Truck Sales & Service, Inc
Gribble’s River Valley Motors, Inc.
Kelly BMW
Delpha Chev Buick
Guess Motors
Kempthorn Buick, Inc.
Dennis AutoPoint
Gusweiler GM Center
Kempthorn Motors, Inc.
Dennis Hyundai of Dublin
Gusweiler Toyota
Key Chrysler Jeep & Dodge, Inc.
Diane Sauer Chevrolet, Inc.
Hale’s Sport Center, Inc.
Kings Ford, Inc.
Dick Masheter Ford, Inc.
Halleen Kia
Kings Nissan
Dick Wilson Pontiac Buick GMC Truck
Hamler Chevrolet
Kistler Ford Sales, Inc.
Donley Ford Lincoln
Harry Humphries Auto City, Inc.
Klaben Chrysler Jeep Dodge, Inc.
Donley Ford Lincoln of Mt. Vernon
Hatfield Hyundai Subaru
Klaben Ford Lincoln, Inc.
Donley Ford of Galion, Inc.
Hatfield Kia
Krieger Ford, Inc.
Donley Ford of Shelby
Hatfield Volkswagen
Lancaster Sport Cycles
Don’s Automotive Group, LLC.
Haydocy Buick GMC
Laria Chevrolet Buick. Inc.
Doug Chevrolet
Haydocy Chevrolet Buick
LaRiche Automotive Group, Inc.
Doug Marine Motors, Inc.
Hill Idealease, LLC
LaRiche Chevrolet Cadillac
Dunn Chevrolet Buick
Hill International Trucks, LLC
Lash Chevrolet LLC
Dunning Motor Sales
Hinderer Automotive LLC
Lavery Automotive Sales & Service, LLC
Erwin Chrysler Dodge Jeep,Inc
Hittle Buick GMC, Inc.
Lavery Automotive Sales & Service, LLC
Ferris Chevrolet, Inc.
Holman Motors GMC Truck
Lebanon Ford Lincoln Mercury, Inc.
Foreman-Blair Buick Cadillac GMC
Honda East Yamaha Suzuki
Lee Kinstle GM Sales & Service
Foster Chevrolet-Cadillac, Inc
Honda Marysville
Len Immke Buick GMC Trucks
Franklin Park Lincoln, Inc.
Hugh White Honda, Inc.
Leonard Truck & Trailer, Inc.
Fred Martin Ford, Inc.
Infiniti of Cincinnati
Lexus of Dayton
Freightliner of Toledo
Infiniti of Columbus, Inc.
Lexus of Dayton
Fremont Volvo & GMC Trucks
Integrity Ford
Liberty Dodge Chrysler Jeep
Fuller Ford, Inc.
Integrity Motors Sales
Lima Auto Mall, Inc.
Fyda Freightliner Cincinnati, Inc.
Interstate Ford, Inc.
Lindsay Acura
Fyda Freightliner Columbus, Inc.
J & J Motors, Inc.
Lindsay Honda
FYDA Freightliner Youngstown, Inc.
Jack Maxton Chevrolet, Inc.
Loudonville Motor Company
Gary Steinle-Steinle Chevrolet Buick
Jake Sweeney Chevrolet, Inc.
Mark Moats Ford, Inc.
Gene Stevens Honda
Jake Sweeney Chevrolet, Inc.
Mark Porter GM Supercenter
Genoa Chevrolet
James Evans-Evans Motorworks
Mark Thomas Ford, Inc.
Genoa Ford, Inc.
Jay Honda
Mathews Dodge Chrysler Jeep, Inc.
Germain Cadillac of Dublin
Jeff Wyler Chevrolet of Columbus
Mathews Kennedy Used Cars, Inc.
Germain Cadillac of Easton
Jeff Wyler Eastgate, Inc.
Maxton Motors of Montpelier
Germain Ford of Columbus
Jenior Ford Sales, Inc.
McDaniel GM Superstore
Germain Honda of Dublin
Jerry Haag Motors, Inc.
McHugh, Inc.
Germain Imports of Columbus, LLC
Jim Keim Ford, Inc.
McNeill Chevrolet Buick
Germain Lexus of Dublin
Jim Kobunski-Tansky, Inc.
Middletown Ford
Germain Lexus of Easton
Joe Carson Honda & Harley-Davidson
Mid-Ohio Suzuki Honda Yamaha Kawasaki
Germain Motor Company
Joe Johnson Chevrolet, Inc.
Midway Chevrolet, Inc.
Germain Nissan of New Albany
John Hinderer Honda
Midway, Inc.
Germain Toyota of Columbus
John Sang Ford Lincoln
Midwestern Auto Group
Glockner Honda Toyota
Joyce Buick GMC - Mansfield
Godard Auto Sales & Leasing Co.,LLC
Junction Auto Sales, Inc.
Graff Chevrolet - Ottawa Inc.
Just Saab Cincinnati
LDF Contributors
continued from Page 6
www.oada.com
LDF Contributors
continued on Page 13
january 2012
7
DOT Restricts Mobile Phone Use Effective January 2012
By Fisher & Phillips
A new rule restricts the use of
hand-held mobile telephones and devices
by drivers of commercial motor vehicles
(CMV). This rule, which goes into effect on
January 3, 2012, was adopted by the Federal
Motor Carrier Safety Administration and the
Pipeline and Hazardous Materials Safety
Administration, which are part of the Department of Transportation. It amends both
Federal Motor Carrier Safety regulations
and Hazardous Materials regulations. The
rule restricts CMV drivers from reaching for
or holding mobile telephones while operating their vehicles, or pushing more than one
button to operate the device.
Commercial motor vehicle drivers
are still permitted to use mobile telephones
and other mobile devices as long as their
use complies with the new regulation. Essentially, drivers may initiate, answer or
terminate a call if they can do so 1) with
the push of a single button, 2) on a device
within their reach, and 3) without holding
it in their hand.
BWC Finalizes Changes
continued from cover
o Industry-specific safety classes offered
by the Division of Safety & Hygiene;
o On-site safety consulting with BWC
staff; and/or
o Attend BWC Safety Congress.
Transitional Work Grant Program & Bonus
(effective 7/1/2012)
Provides a grant for employers
to establish a transitional work plan and a
bonus for employers who use the plan to
return an injured employee to work.
Administrative Discounts (effective
7/1/2012)
o Go Green Discount
Designed to reward employers for
paying premiums online and on time,
the “Go Green” discount provides a 1%
premium discount (up to a maximum
of $1,000) to employers who elect to
receive their payroll report, report payroll and pay their premiums through
ohiobwc.com. Participants must also
8
january 2012
What this means is that the device must either be mounted or otherwise
securely within reach at the control panel
(in the area where the vehicle controls such
as climate control and radio are located).
The mobile device cannot be located on
the passenger seat, sleeper berth or floor of
the vehicle. Further, the driver must use the
device without holding it in the driver’s hand
– requiring either a speaker phone, one-wire
or wireless ear set for use. Finally, operation
of the device may only be performed through
the use of pushing a single button.
push a button more than once. Therefore,
its use while driving a CMV is the same as
that of a hand-held mobile telephone and is
prohibited.
The popular Push-To-Talk (PTT)
feature used by many drivers is prohibited by
this new rule. While, functionally, the PTT
feature is similar to the use of a CB or twoway radio (neither of which is addressed by
the new rule and therefore still permissible),
the final rule advises that PTT is prohibited
because the device used for PTT comes
squarely within the definition of a mobile
telephone prohibited by the rule, and it also
requires the driver or user to hold it and
If you have questions about this
Alert contact Melanie Webber at Fisher &
Phillips, 800-800-8806.
make first reports of injury online (if
they are the party filing the claim). The
“Go Green” discount is not available to
employers using the FlexPay Program, the 50/50 program or report no
payroll.
o Lapse Free Discount
Employers who have not lapsed
for the preceding 60 months (5 years)
will receive a “Lapse- Free” discount
of 1% (up to a maximum of $1,000).
This discount will not be available to
employers reporting no payroll.
Claim-Free Discount (effective 7/1/2013)
The “Claim-Free” discount will be
applied to employers who have not incurred
a compensable injury for one calendar year
AND maintains a safety committee.
P ro g r a m C o m p a t i b i l i t y ( e f f e c t i v e
7/1/2012)
o Drug-Free Safety Program is now compatible with group rating and the 15K
Program.
o The 2% Safety Council participation
discount is available to employers in the
Group Retrospective Rating Program.
ohio automobile dealers association
Employers should prepare and
implement a policy consistent with the new
regulation, and train their CMV drivers
on the policy, prior to the effective date of
January 3, 2012. The policy should clearly
set forth what is prohibited, what is still
permitted, consequences for failure to follow
the rule, and a contact person for questions
about the rule.
This Legal Alert provides information about a specific new federal rule.
It is not intended to be, and should not be
construed as, legal advice for any particular
subject. <
o One Claim Program and 100% EM Cap
are NOT compatible with Small Deductible.
o Small deductible program is not compatible with Group Rating.
o Salary continuation is compatible with
all programs.
Taken together as a package, an
employer could effectively reduce their
workers’ compensation rates by 59%. For
example, an employer with individual
premium of $1,000 in a maximum 53% discount group rating program would see their
premium reduced to $470. The Go Green
and Lapse Free administrative discounts
would reduce their premium even further
to $461. If this same employer participated
in their local Safety Council, the Advanced
level of the Drug Free Safety Program
and implemented industry-specific safety
strategies, they could see their premium
reduced to $407.
For more information on how you
can take advantage of these new programs,
please call Shwan Combs OADA’s CareWorks Consultants Program Manager. <
Additional BWC RX Program Changes
By CareWorks, OADA’s endorsed managed care organization for workers’ compensation
“Community Fights Prescription Drug Abuse”
recent medications prescribed to the injured
“Prescription Drug Abuse is an Epidemic in worker will be clinically assessed by CareWorks staff.
Ohio”
“Prescription Drug Abuse Taking Toll in Southern Ohio”
You have probably seen headlines
similar to this in your local newspaper and
on the internet. There is certainly great
concern for our injured workers and others
who get caught in the death grip of highly
addictive prescription drugs.
That is why the Ohio Bureau of
Workers’ Compensation (BWC) recently
announced some changes that will impact
the way they manage their pharmacy review
program.
Beginning January 1, 2012, when
a claim is sent for a prescription review, the
If the CareWorks clinician determines that a prescription review is appropriate, the claim will be referred to the
Pharmacy Unit at BWC. The Pharmacy
Unit will send the claim to a physician for a
medical opinion regarding the appropriateness of the medications being prescribed to
the injured worker.
If the reviewing physician opines
that the current medications are inappropriate for the allowed conditions in the claim,
BWC will issue an order to deny future
payment of those medications.
With the abuse of prescription medications becoming a national epidemic, it is
important that medications being prescribed
to injured workers are properly monitored. If
there is a claim that you would like to refer
for a prescription review, please contact your
individually assigned CareWorks Account
Executive.
While not responsible for the
administration or payment of BWC prescription benefits, CareWorks has always
taken great pride in our proactive review of
medications in work related injuries. Based
upon our reviews, we have identified many
instances where medications were either
inappropriately prescribed, or paid under a
wrong claim. These reviews have resulted
in savings for CareWorks clients.
If you have any questions regarding this article, please feel free to contact
Ron Lucki at (614) 760-3510 or email ron.
[email protected]. <
Reminder: Group Rating Enrollment Forms Mailed;
Qualifying Dealers Should Respond Quickly
Savings quotes and enrollment
packets for OADA’s workers’ compensation traditional group rating program and
retrospective group rating program have
been sent to newly qualifying applicants.
Qualifying dealers should return
the forms immediately to OADA to ensure
enrollment for the 2012 policy year. Our
deadline for receipt of enrollment forms is
February 24, 2012.
• If your dealership is currently participating in OADA’s Group Rating Program
with CareWorks Consultants you should
have already received your proposal for
the 2012 policy year.
• If you are not currently participating
in OADA’s program and have not yet
requested a no cost, no obligation quote,
there is still time. The process begins
at www.careworksconsultants.com/
groupratingapplication/OADA.
o Even if your dealership does not qualify for traditional group rating, you may
still qualify for OADA’s retrospective
group rating program. Retrospective
rating can be an excellent alternative
that offers dealers substantial savings.
• Questions? You can learn more by
contacting OADA’s dedicated Account
Executive, Kirsten Gibson, toll-free at
1-800-837-3200, ext. 7110 or via email
to [email protected].
The deadline to make a decision will approach quickly! Don’t be left
wondering what to do about your workers’
compensation future! Choose a partner with
a record of not only savings, but incredible
service! For more information contact Charlie Howard, ext. 110 or DeAnna Zahniser,
ext. 109 at OADA, 800-686-9100. <
Reminder: Mandatory Use of March 2011 Version
of BMV Form #3772 “Application for Dealer Assignment” Begins 1/1/12
Dealers using the BMV Form 3772
must begin using the most recent version of
the form (Revision Date 3/11) on January
1, 2012. Dealers may remember that last
March, a directive was issued to Clerks of
Court across the state advising them to stop
using older versions of the BMV Form 3772
and only accept the version with a 3/11 revi-
sion date. The mandatory change was slated
for April 2011. The lack of notice created
a number of problems for our dealers. The
Bureau of Motor Vehicles was responsive to
our concerns regarding costs associated with
such a rapid transition and agreed to delay
the mandatory transition date to January 1,
2012.
www.oada.com
You may continue using an older
version of the BMV 3772 until 12/31/11, so
dealers have an opportunity to exhaust their
current supply of forms and reprogram their
systems. Please contact Lindsey Rusk at
614-923-2238 with any questions or to place
your order. <
january 2012
9
NADA
News
A Message from Ohio NADA Director, Chuck Eddy
2012 Convention on Pace to Be Biggest Since 2008
There’s a running joke among dealers that no matter what
happens, we’ll find something to be optimistic about. The good news
is we have much to be optimistic about these days. The consumer
confidence index jumped 15 points. November auto sales will be the
best since the “clunkers” program, and a new study predicts the auto
industry will add 150,000 new jobs over the next four years. Things
are looking up.
Expect that optimism to carry over this February, too, when
we head to Las Vegas for the NADA/ATD 2012 Convention & Expo.
If the last few months of 2011 are any indication, we have a lot to look
forward to in 2012. The Expo is sold out. Convention attendance is
up, which means the 2012 convention is shaping up to be one of the
biggest in recent memory.
This convention will mark the first time NADA and its
American Truck Dealers (ATD) division will host a combined event
for car dealers and heavy- and medium-duty truck dealers. And early
interest is off the charts. For the first time since the economic collapse
of 2008, we’re on pace to draw more than 20,000 attendees.
As always, we’ll have a host of dynamic speakers, including
Chrysler’s Sergio Marchionne; Aron Ralston, the climber who inspired
the Oscar-nominated film “127 Hours”; and, our keynote speaker,
former President George W. Bush. NADA University is offering more
than 50 workshops, with two full workshop sessions beginning Friday,
Feb. 3. And J.D. Power and Associates will again co-host Friday
night’s Welcome Reception. We’ll also crown a new TIME Dealer
of the Year and announce the winners of the ATD Commercial Truck
of the Year and ATD/Heavy Duty Trucking Truck Dealer of the Year
awards.
It’s going to be quite an event – and not just because it’s
Super Bowl weekend! Hotel rooms are filling up quickly. In fact, seven
hotels have already sold out. So if you haven’t done so already, make
your plans today to attend by visiting www.nadaconventionandexpo.
org. There’s no better place to take the pulse of our entire industry.
And chances are the outlook will be … optimistic!
Download the NADA 2012 mobile app for iPhone or
Android to get updates on the convention and plan your visit!
In legislative and regulatory news …
NADA: Can Consumers Afford the Upfront Costs of Fuel
Economy Hikes?
Last month the Obama administration formally announced
its Corporate Average Fuel Economy (CAFE) proposal for model
years 2017-2025, nearly doubling current requirements to 54.5 mpg
and adding about $3,000 to the average cost of a car. In response,
NADA said the proposal could price millions of Americans out of
the new-vehicle market, “which could reduce fleet turnover and delay
environmental gains.” “This regulation gambles that millions of
consumers will be able to afford thousands more for generally smaller,
more expensive vehicles that may not meet their needs,” NADA said in
a media statement. “We need fuel economy policies that encourage the
sales of fuel efficient vehicles, instead of risky mandates that frustrate
10
january 2012
consumer demand and depress
fleet turnover. “ For more on the
fuel economy proposal, including
a breakdown of the average vehicle
price increase under the Obama
administration’s rules, click here.
http://www.nadafrontpage.com/
NADA_Statement_CAFE_
Rules_2017_2025.xml
NADA Continues to Vigorously
D e f e n d D e a l e r- A s s i s t e d
Financing Model at Final Dealer
Roundtable
Chuck Eddy,
Ohio NADA Director
The Federal Trade Commission (FTC) conducted its
third and final Motor Vehicle Dealer Roundtable on Nov. 17 in
Washington, D.C. The FTC is examining what, if any, actions
it should initiate to further protect consumers in the area of
vehicle financing. The actions it may pursue include rulemaking,
enforcement, and consumer and business education. As with the
two prior FTC roundtables in Detroit and San Antonio, NADA
representatives provided a vigorous defense of the dealer-assisted
financing model and provided extensive information to correct and
rebut a series of misstatements made about various dealer practices.
NADA also underscored that, despite repeated requests for empirical
information from the FTC, the consumer group allegations of dealer
misconduct were anecdotal and unsupported by current and reliable
data demonstrating that they are widespread.
http://www.nadafrontpage.com/NADA_Statement_CAFE_
Rules_2017_2025.xml
2012 Annual Fuel Economy Guide Now Available
The U.S. Department of Energy and the Environmental
Protection Agency have released the 2012 Fuel Economy Guide.
The guide provides detailed fuel economy numbers for MY 2012
light-duty vehicles, along with estimated annual fuel costs and
other information for prospective purchasers. Dealers must display
a copy of the guide and provide copies to customers upon request.
There are a number of options available for dealers to comply. This
month, EPA/DOE is electronically distributing the guide to dealers
for printing as needed. Dealers also can download the file, save it
and print it as necessary. Finally, dealers can order hard copies of
the guide by calling DOE’s Information Center at 877.337.3463
between 9 a.m. and 7 p.m. EDT; or by using a form to order copies
by mail. Hard copies will be mailed, free of charge, in December.
In other NADA news…
TIME Announces 50 Nominees for 2012 Dealer of the Year
TIME magazine has announced the 50 nominees for 2012
TIME Dealer of the Year. The award is one of the most prestigious
awards a new-car dealer can receive. TIME magazine, in partnership
NADA News
ohio automobile dealers association
continued on Page 14
#SPXO#BH-VODI8FCJOBS4FSJFT
QSFTFOUFECZ
QSFTFOUFECZ
5IF0IJP"VUPNPCJMF%FBMFST"TTPDJBUJPO
5IF0IJP"VUPNPCJMF%FBMFST"TTPDJBUJPO
Appraising Vehicles for Gen-Y Customers
This is Not Your Father’s Appraisal Process!
This Webinar is being hosted and moderated by OADA. Registration fee for OADA members is $25 per connection. Non-member fee is
$50.00. The Webinar is scheduled for Tuesday, January 10, 2012, from 1:00pm to 2:00pm
Buying and selling in the automotive marketplace is evolving so quickly, it is enough to make you dizzy.
From buying and selling on the internet, to Twitter and Facebook, today’s customer is connected as never before.
So how does this affect the trade-in process?
This webinar is designed to assist dealers with improving your customer’s trade-in experience. Having a
good, clear appraisal process is key! The Gen Y customer will account for 40% of the car buying population by
2012. Understanding their mindset will streamline your business, and retain those customers for their future purchases. So how do you do this?
Learn how to:
•
Understand the mind-set of the Gen-Y customer
•
Handle a used-car market that has turned transparent
•
Work with customers who research trade-in values before coming to the dealership, and arrive
with incorrect information. How do you temper their expectations?
•
Put key market data at your fingertips with appraisal tools, such as NADA AppraisalPRO
•
How to use new Smart Phone and Tablet applications to your advantage
Our featured speaker is Stu Zalud from NADA. Stu brings a dealer-focused perspective and insight to his
role as director of dealer services for NADA Used Car Guide. He is responsible for presenting at industry events
and contributing to the development of products and services to meet changing dealer needs.
Zalud’s previous experience includes over 30 years as a GM dealer in Cleveland, Ohio and Hilton Head,
S.C. Additionally, he servied on various NADA boards and as chairperson of both the Greater Cleveland and Ohio
Automobile Dealers Associations.
For more information, please visit our website at www.oada.com, or contact DeAnna Zahniser at 614923-2231 or [email protected]. Registration fee for OADA members is $25 per connection. There is a $50.00
registration fee for non-member dealers, per connection. Register today!
Registration Form
Appraising Vehicles for Gen-Y Customers
Registrant
Name (s)
Position (s)
Dealership Name
Address, City, State & Zip
Telephone (
)
Fax (
)
E-mail
Registration fee for members is $25 per connection. Non-member dealers pay $50.00 per connection.
Please register me for the webinar. (Registrants must
provide an email address)
I have already registered online for the webinar.
Return to: OADA • 655 Metro Place South, Suite 270 • Dublin • Ohio • 43017 or fax to 614-766-9600
You can also register by logging onto the OADA web page at www.oada.com, or by calling 800-686-9100 x109.
KPA Offers One Stop DOT Hazmat Compliance
As you know, the Department of
Transportation (DOT) requires training and
certification for all employees who ship,
load, unload, receive, or even handle hazardous materials. This training requirement
also includes training regarding security
awareness and recognizing and responding
to security threats. In addition to the federal
requirement many OEMs have also required
their dealers to comply with these regulations.
For years the only training alternative dealerships had for DOT Hazmat
training and certification were offered by
traveling training companies, you knew
nothing about, that conducted off off-site
training from one city to the next. This
training often cost the dealership $500 for
every parts employee in the dealership in
addition to the lost time associated with
sending your employees off-site for training.
The problem with most of these trainings is
that they did not offer access to MSDS or
a 24-hour DOT Hazmat hotline as required
by the rule. In other words, your employee
may have had training but your dealership
was not in compliance.
That has all changed. With KPA’s
program your employees receive the necessary training to complete their jobs safely
AND your dealership complies with the
federal rule. Even better, the service is
cost effective beginning at only $60.00 per
month! Nationally offsite training courses
charge as much as $500 per employee,
24-hour emergency response numbers for
shipping papers (if even available) can
cost an additional $500/year, while online
MSDS service costs $1,000/year. OADA
is absolutely convinced that there is not an
easier and more cost-effective approach to
attaining DOT Hazmat compliance than the
program being offered by KPA.
KPA’s program at a glance:
• Unlimited online function-specific DOT
training
• DOT Hazmat certification
• 24-hour DOT Hazmat hotline staffed by
professional emergency responders
• Online access to KPA’s industry specific
MSDS database of over 50,000 automotive, truck, and motorcycle related
chemicals
• Online facility-specific chemical inventory.
• Starts at ONLY $60.00 per month
While safety and environmental
concerns have always been the impetus
behind these rules, the FAA has clearly
escalated enforcement of these regulations
to a new level. If you visit the federal DOT
website you will see fines, and lots of them,
as high as $120,000 with an average fine of
$45,000. And yes, dealerships have been
audited in Ohio and around the country for
compliance.
To learn more about KPA’s DOT and MSDS
service or for a complimentary assessment
of your Environmental and Health and
Safety needs, contact Rob Stansbury at 484326-9765 or visit KPA at www.KPAonline.
com. <
Creating Your Employee Handbook - Webinar Workshop with
Fisher & Phillips, February 22, 2012, 1-3pm
There has never been a better time to prepare an employee handbook!
OADA, in conjuntion with Fisher & Phillips, is offering a structured program designed to walk the dealership “step
by step” through the employee handbook development process. Your handbook will be: (1) Legally compliant with all
federal and Ohio state laws; (2) Tailored to your dealership; (3) Actually developed and implemented - this program
provides the level of assistance you need, and a strict timeline to assure actual development and implementation.
Please contact DeAnna Zahniser at [email protected] to register!
12
Step 1 - The Handbook
Step 2 - Legal Review & Consultation
Prior to the webinar, dealers will receive a prototype
employee handbook customized specifically for dealerships and is compliant with Ohio law.
• Dealers will participate in a 2-hour webinar where
a Fisher & Phillips attorney will walk the dealership through preparation of the handbook
• Participants will have an opportunity to follow
along, make revisions and ask questions of the
Fisher & Phillips attorney during the webinar
• Dealers will have an actual handbook and two
hours of legal advice and counsel regarding specific policies, best practices, and other considerations from the webinar
Cost $900.00 (remitted prior to webinar)
The hardest part of assembling an employee handbook
is not only determining that your dealership’s policies
and procedures comply with state and federal law
but that your policies and procedures are accurately
reflected in your employee handbook.
• After the dealership has participated in the webinar
and customized its employee handbook, the attorneys at Fisher & Phillips will review up to two sets
of revisions of the handbook within three months
of the webinar and will also provide assistance
with any handbook preparation-related questions.
Must enroll by May 22.
• While this step is optional, it is strongly encouraged as we feel it will be beneficial
Cost $500.00 additional
january 2012
ohio automobile dealers association
LDF Contributors
continued from Page 7
Milt Taylor Lincoln
Moomaw Automotive Inc.
Mt. Orab Ford Mercury, Inc.
Nassief Honda
New Carlisle Automotive
Nissan North, Inc.
Niswonger Chevrolet, Inc.
Nollenberger Truck Center, Inc.
Norris Northup Dodge
Norris Northup Dodge
North Coast Nissan
Northgate Chrysler Dodge Jeep
Nourse Chillicothe Ford Lincoln
Ohio Valley Honda
Park Acura
Park Ford
Park Honda
Park Mazda Subaru
Paul Cole Motors, Inc.
Performance Chrysler Jeep Dodge
Performance GMC
Performance Lexus
Performance Toyota
Pierson Automotive Middletown
Pierson Automotive, Inc.
Porsche of Kings Automall
Premier GMC Ltd
Preston Chevrolet Kia, Inc.
Progressive Chevrolet
R.D. Banks Chevrolet, Inc.
Raabe Motor Sales, Inc.
Reineke Motors Inc.
Reineke’s Tiffin Ford Lincoln, Inc.
Ricart Properties, Inc.
Ridenour Auto Group
Rodney Cobb Chevrolet
Ron Marhofer GMC Inc.
Ron Marhofer Nissan
Ross Premier Motors Inc.
Rouen Toyota of Maumee
Roush Honda
Salem Chrysler Jeep Dodge
Schaffer Danhoff Chrysler Dodge
Sims Buick GMC Nissan
Smedley Chevrolet Sales
Smith Chevrolet Buick
Spangler Motor Sales, Inc.
West Gate Ford Truck Sales
Spurgeon Chevrolet
Whiteford Kenworth, Inc.
St. Marys Chrysler Dodge Jeep, Inc.
White’s Service Center
Stadium GM Superstore
Whiteside Chevrolet Buick Pontiac GMC
Statewide Ford Lincoln Mercury, Inc
Whiteside’s of Cambridge, Inc.
Steve Castrucci Automotive Inc.
Whitey’s, Inc.
Steve Rogers Ford
Wise Chevrolet
Stykemain GMC Trucks, Inc.
Wollam Chevrolet, Inc.
Sunset Motors, Inc.
Yamaha of Warren, Inc.
Sweeney Buick GMC Truck Company
Yark Automotive Group, Inc.
Sweeney Chevrolet
Young Truck Sales, Inc.
Tansky’s Sawmill Toyota
Young Volvo Trucks
Taylor Buick Nissan
Taylor Chevrolet
Taylor Kia of Boardman
Terry Henricks Chrysler Dodge Jeep,
Thayer Chevrolet Toyota Scion
The Audi Connection
The Glockner Chevrolet Co.
Thomson-MacConnell Cadillac
Tom Ahl Buick GMC, Inc.
Tom Ahl Chrysler Dodge Jeep
Tom Ahl Hyundai
Tom Ahl Hyundai of Findlay Inc.
Tom Whiteside Auto Sales, Inc.
Toth Buick GMC Truck, Inc.
Toth Buick GMC Truck, Inc.
Toyota Direct
Toyota West, Inc.
Tri County Chrysler Dodge Jeep
Troutwine Auto Sales, Inc.
Troy Ford, Inc.
Truck Sales & Service - Canton
Truck Sales & Service - Norwalk
Truck Sales & Service, Inc. - Mansfield
Truck Sales & Service, Inc. - Midvale
Truck Sales & Service,Inc. - Marietta
Underwood Motors, Inc.
Vallery Chevrolet, Inc.
Vallery Ford, Inc.
Valley Harley-Davidson Co.
VanDevere Kia
Village Motors, Inc.
Vin Devers Autohaus of Sylvania
Voss Chevrolet, Inc.
Wally Armour Chrysler Dodge Jeep
Weekley Chrysler Dodge Jeep
Welsh Motors, Inc.
Wendell Ford Sales Co.
www.oada.com
Ad Review
continued from Page 4
e-mails to cell phones and pagers need to
understand the rules. Here are few simple
guidelines:
1.E-mails to wireless devices (cell phones/
pagers) are prohibited unless you have the
consumer’s prior consent.
2.The ban on e-mails to wireless devices
doesn’t apply to facilitate transactions
the customer has already agreed to, like
reminders about a scheduled service appointment.
3.Text messages cannot be sent to consumers whose names appear on the national
Do Not Call list or your internal Do Not
Call list, unless you have an established
business relationship with the customer
or the customer has given prior consent
to be contacted.
4.When you get consent from a customer, be
specific about text messages, since these
may require the customer to incur a cost.
5.If you are approached by any advertising/
marketing company regarding a texting or
e-mail ad campaign do your homework.
Verify that they understand and comply
with the TCPA, CAN-SPAM, and other
federal and state laws which govern commercial messages and advertisements.
6.Remember that some state laws may be
more restrictive than Ohio law. Before
calling or texting wireless numbers of consumers who reside out of state, determine
whether there are any prohibitions.
The bottom line is that we can and
should use technology to build business and
relationships, but be smart about implementation. <
january 2012
13
NADA News
continued from Page 10
with Ally and in cooperation with NADA, will
proudly name the Dealer of the Year Feb. 4
at NADA’s annual Convention & Exposition
in Las Vegas. The Dealer of the Year award:
recognizes new-car dealers in America who
exhibit exceptional performance in their
dealerships, combined with distinguished
community service; creates a positive public
relations forum for all new-car dealers; and
provides a representative spokesperson for
Dealer of the Year. Click here for the list of
nominees. (https://www.timedealeroftheyear.
com/pages/nominees.php)
NADA Special Section is Featured in TIME
Magazine
NADA has partnered with TIME
magazine to again produce a special section,
“Driven by Innovation,” which was available
on newsstands in early November. This is the
ninth consecutive year that the NADA insert
has appeared in TIME, which is published
weekly with a U.S. audience of more than 20
million and a global audience of more than
24 million. The 12-page section focuses on
how the automobile industry is being shaped
by advances in everything from clean-car
technology to mobile apps. It also highlights
the resiliency of the auto industry and dealers
through difficult economic times, stresses
the importance of consumers in the hybrid/
electric car buying process and highlights
the National Automobile Dealers Charitable
Foundation’s support of the 9/11 families.
Plus, it features profiles on Tom Castriota,
the 2011 TIME Dealer of the Year, and
2011 finalist Rick Jensen. The TIME insert
is made possible by advertising support
from automakers and related industries. In
this edition, the advertisers include Ally
Financial, Ford, Buick, Dodge, Goodyear
and Progressive Auto Insurance. (Click here
to download a copy of the NADA insert.)
NADA Issues Statement on UAW
‘Dealership Campaign’
Late last month the United Auto
Workers announced plans to wage a
dealership campaign to unionize international
automobile manufacturers. While details of
the “dealership campaign” are not public,
NADA expressed serious concern about
any efforts that interfere with the car buying
process or frustrate customer satisfaction at
dealerships. “Attempting to disrupt new-car
sales by targeting small businesses whose
14
january 2012
employees and families are dependent on
those sales could create a public backlash and
be counterproductive for the entire industry,”
NADA said in a statement to the media.
Iraq War Veteran, Disabled Child
Receive Canine Companions from NADA
Foundation
The National Automobile Dealers
Charitable Foundation has provided a $20,000
grant to help fund the training of two
assistance dogs from Canine Companions
for Independence for a physically disabled
child and an Iraq war veteran. Charles
Chesnes, a 10-year-old from Delaware,
Ohio, who uses a wheelchair, received his
skilled companion dog, Katrina, on Saturday,
Nov. 12. Adam McCann, a former Marine
from Oberlin, Ohio, who was injured in
the Iraq war, received his dog, Holt, last
February. Since 2002, the NADA Foundation
– through its Frank E. McCarthy Memorial
Fund – has contributed $140,000 to Canine
Companions for Independence, placing 14
skilled companion dogs.
Ford U.S. Sales Chief Discusses Company’s
Progress and Dealer Relations
Hot new vehicles and improving
factory-dealer relations are two of the reasons
Ford Motor Company has “made great
progress over the last few years,” Ken Czubay,
Ford vice president of U.S. marketing, sales
and service, said last month in an interview
on “AutoFocus with David Hyatt,” a NADATV public affairs television program. “Our
focus has been on quality, green, safe and
smart,” Czubay said. “And I think consumers
are recognizing that we’re delivering on
those four pillars, and there’s been so much
renewed interest in our products.” Czubay
described Ford’s dramatic turnaround as a
“very interesting journey” for the company
and its dealers. “We’re particularly proud
of the progress that our dealers have made,”
he added. “They’ve been a real partner with
us.” Click here to watch the interview. (http://
www.nadafrontpage.com/af_czubay.xml)
New Tools Make it Easier than Ever to Plan
Your NADA 2012 Experience
NADA has several new tools to
make the most of your experience at the 2012
NADA/ATD Convention & Expo. Here are a
few:
• Follow convention news and updates on
our new blog at http://nadaconvention.
blog.com.
• Follow convention activities on Twitter,
ohio automobile dealers association
Facebook and Linked In.
• Create an action plan with myNADAplanner,
an online scheduler that allows you to
connect with exhibitors, search workshops
and speakers and schedule franchise
meetings.
• Download the NADA 2012 mobile app
for iPhone or Android. Sync your app
with myNADAplanner and carry your
personalized schedule in the palm of your
hand.
AppraisalPRO Offers Transparent View of
Used-Vehicle Marketplace
Research from consulting firm
Deloitte shows that as early as next year,
people age 25-35 will account for 40 percent
of the car-buying population. And 54 percent
of them plan to replace their car in the next
two years. That means many members of the
media-savvy “Generation Y” will be arriving
to their dealership with a trade, says Jonathan
Banks, senior analyst with the NADA Used
Car Guide. “Count on these customers to do
their research online before even contacting
the dealer,” says Banks. “Transparency will
be a key factor in winning their business.”
One way to easily interact with younger
customers is with NADA AppraisalPRO,
the tool that gives dealers access to thirdparty data, providing an unbiased view of
the marketplace. NADA AppraisalPRO is
simple, easy to use and affordable. For more
information, go to www.nada.com/appraisal
or call 866.974.6232.
NADA U Announces 2012 Academy
Schedule
NADA University has announced
the following Academy classes for 2012:
• Dealer Candidate Academy: starting
January 23; February 20; May 7; June 25;
September 10; and October 22.
• General Dealership Management
Academy: starting January 9; February
13; May 21; September 17; and October
8.
• ATD Truck Dealer Academy: starting June
11.
Call 800.557.6232 for more
information and visit www.NADA.org/
nadauniversity/academy to download an
application. <
#SPXO#BH-VODI8FCJOBS4FSJFT
QSFTFOUFECZ
QSFTFOUFECZ
5IF0IJP"VUPNPCJMF%FBMFST"TTPDJBUJPO
5IF0IJP"VUPNPCJMF%FBMFST"TTPDJBUJPO
Facility Upgrades
Maximizing Construction Cost Write-Offs to Minimize Taxable Income
This Webinar is being hosted and moderated by OADA. Registration fee for OADA members is $35 per connection. Non-member fee is
$50.00. The Webinar is scheduled for Wednesday, January 18, 2012, from 1:00pm to 2:00pm
Are you in the middle of a facility upgrade? Thinking about one? Is your manufacturer requiring you to
make changes to your facility? Then this webinar is a must see for your dealership!
Join OADA for “Facility Upgrades: Maximizing Construction Cost Write-Offs to Minimize Taxable Income.” Manufacturers are requiring dealers to build new facilities or upgrade existing ones. If you are a dealer that
has recently completed an upgrade project, you know the financial strain it can place on your business. What you
don’t need on top of that is the additional strain of a large tax bill. If you have completed or are looking to complete
a project in the near future, join us for this webinar and learn specific strategies for maximizing your construction
cost write-offs and lowering your tax liability.
Specifically, our webinar will include a discussion on the following topics:
•
2011 tax law and incentives
•
100% Bonus Depreciation
•
Enhanced Section 179 Expense
•
Qualified Leasehold Improvements
•
Qualified Retail Improvements
•
Current 2012 tax law and incentives and an outlook for what lies ahead
•
Cost Segregation Studies
•
Repair Expenses versus Capitalized Costs
•
Manufacturer Image Upgrade Payments
Significant construction cost offsets can be achieved with proper planning and knowledge of the tax law. We
hope that you will join us to take advantage of these cost savings ideas now. OADA will be joined by the professionals from Schneider Downs, LPA, to present this webinar to our members. Registration fee for OADA members
is $35 per connection. There is a $50.00 registration fee for non-member dealers, per connection. Register today!
Registration Form
Facility Upgrades: Maximizing Construction Cost Write-Offs to Minimize Taxable Income
Registrant
Name (s)
Position (s)
Dealership Name
Address, City, State & Zip
Telephone (
)
Fax (
)
E-mail
Registration fee for members is $35 per connection. Non-member dealers pay $50.00 per connection.
Please register me for the webinar. (Registrants must
provide an email address)
I have already registered online for the webinar.
Return to: OADA • 655 Metro Place South, Suite 270 • Dublin • Ohio • 43017 or fax to 614-766-9600
You can also register by logging onto the OADA web page at www.oada.com, or by calling 800-686-9100 x109.
Friday, March 23 – Monday, March 26
Lake Buena Vista, Florida
Visit Disney’s Grand Floridian Resort & Spa at:
www.disneyconventionears.com
PHENOMENAL OADA GROUP GUEST ROOM RATE OF $275.00 PER NIGHT (STANDARD ROOM ACCOMMODATES A FAMILY OF 4 PEOPLE). This group rate applies to 3 DAY PRE-CONVENTION DATES AND 3 DAY
POST CONVENTION DATES…BASED UPON AVAILABILITY AT Disney’s Grand Floridian Resort & Spa.
Rates for Concierge Level Rooms are available upon request.
TAKE ADVANTAGE OF THE OADA EARLY BIRD REGISTRATION DISCOUNT
when you mail your completed registration form to OADA by December 31, 2011 with your check
or credit card number, you will receive a $50.00 discount on your registration fee (adults only.)
This applies to dealers, their spouse/guest and sponsors, their spouse/guest.
VISIT WWW.OADA.COM FOR ADDITIONAL COPIES OF THE REGISTRATION FORM.
REGISTRATION IS EASY!
Mail to: Sheryl McGavern
OADA: Ohio Automobile Dealers Association
655 Metro Place South, Suite 270
Dublin, OH 43017
Phone: 614-923-2228
FAX: 614-766-9600
E-mail: [email protected]