Dateline: NH

Dateline: NH
October, 2010
a publication of the New Hampshire Automobile Dealers Association
www.nhada.com
When
One Threatens,
We All Are at Risk
Peter J. McNamara, Esq., President
R
ecently, the NHADA Board of
Directors voted unanimously to expel
a non-franchised member.
After receiving numerous complaints
from consumers as well as from the
Attorney General’s Office, the NHADA
Board of Directors put in place an ad-hoc
committee to review the business practices
of the member. They found the member
to have the following pratices:
• illegal inspections by their service
department;
• cars sold as-is that have a major failure
soon after sale;
• cars sold without proper OBD II
inspection and affixing a full inspection sticker;
• cars sold unsafe and with a service
contract;
• service contracts that do not become
effective for 90 days;
• a large number of vehicles sold as
“unsafe vehicles;”
• a large number of vehicles sold as
At Risk – continued on page 8
NHADA Fall Business
Meeting & Partner Expo,
Oct. 26, 2010.
Presenters
& Agenda,
pages
11-13
Recipients of Manchester
Auto Dealers Grant Announced
Renée J. Vargas, BDC Manager, Holloway Motor Cars of Manchester, LLC
T
he Manchester New Car
Dealer Association for
many years has committed itself
to making a difference in our
community.
Each participating dealer
contributes to a charitable fund
organized by the NHADA. This
year, the 2010 recipients of those
funds are the Boys & Girls Club
of Manchester, the Webster
House, and the Veterans Count
Photo by Brian Tremblay
Manchester New Car Dealer Association representatives, front row from left, Greg
Club.
of State Motors, David Cushman of Holloway Motor Cars, and Bob Werner of
These nonprofit organizations Grant
Werner Mazda,with some campers and staff counselors at Camp Foster.
share a common goal of providing the people of Manchester with the resources for success. The Boys & Girls Club
received $5,000 towards their Campership Program, which provides the opportunity
for selected children to go to Camp Foster during the summer.
Manchester – continued on page 23
Employment Hotlines – Another Member Perk
Peter J. McNamara, Esq., President
F
or a number of years, NHADA has hosted free employment hotlines for its
members, compliments of the association’s legal partners. Now Bronze partner
Cook, Little, Rosenblatt & Manson, p.l.l.c. has joined the hotline ranks that include:
Wiggin & Nourie, P.A. 866-629-4511
Devine Millimet 695-8582
Cook, Little, Rosenblatt & Manson, p.l.l.c. 206-4091
These member-only hotlines are for relatively basic employment law questions, and
only management may call. If the question is complicated enough, the firm will work
out a separate paid arrangement with the caller. If you have an employment question,
please call the association first, and we will then provide you with the appropriate
number. The advice given is for general information only unless an attorney-client
relationship is established.
I want to again thank our partners for their willingness to be only a phone call away.
These firms consistently support our members with their partnerships; please reciprocate
with your support of their businesses when the occasions arise. If you have any further
questions, please contact me at 800-852-3372 or e-mail me at [email protected].
Take our online quality survey before October 6; you could win $50 – http://bit.ly/97SPbr.
Dateline: NH
a publication of the New Hampshire Automobile Dealers Association
2010-2011 NHADA OFFICERS
Chairman
Roger Groux
1st Vice Chair
Peggy Proko
2nd Vice Chair
Donna Gaudet Hosmer
Treasurer
Holly Carlson
Secretary
Eileen Sleeper
President
Peter J. McNamara
2010-2011 NHADA DIRECTORS
Joseph “Jay” R. Alosa, Jr., Heavy-Duty Trucks
Michael Cooney, Non-Franchised Used Car
H. Andy Crews, At-Large
Jim Fyles, Non-Franchised At-Large
William Gurney, Non-Franchised Repair/Service
Paul Holloway, Honorary
Scott Holloway, At-Large
Jay McFarland, At-Large
George Mullin, Motorcycles
Chris Weiss, At-Large
In Memoriam – Paul E. Lambert
We have the sad news that Paul E. Lambert, 94, of Claremont died September 11
at Valley Regional Hospital after a brief illness. Paul is the father of John Lambert of
Lambert Auto Sales in Claremont, who is currently a director on the New Hampshire
Automotive Education Foundation board.
A lifelong resident of Claremont, Paul went into military service in 1942 and was
honorably discharged in 1943 due to injuries. On returning from military duty, Paul
worked at a Mobil YD service station on West Pleasant St. in Claremont for a time.
Later he constructed a block building on Charles St. and operated a truck repair service.
He started Lambert Oil Company at that location, which he later moved down
to North and Main Streets. He also started Lambert Supply, a plumbing wholesaler.
Paul started Lambert Auto, an American Motors dealership, there as well, which is
now a Jeep Chrysler store.
In addition to his wife, Paul is survived by sons John and Louis; one daughter,
Marie Mason; six grandchildren, Martha, Mary, Harmony, Hannah, Nicholas, and
Kristina; and seven great-grandchildren. Memorial contributions may be made to St.
Mary’s Catholic Church, 32 Pearl Street, Claremont, NH 03743-2552.
NADA DIRECTOR
Jack Tulley
AIADA DIRECTOR
Peggy Proko
Inside this Issue
This publication is designed to provide accurate
and authoritative information in regard to the
subject matters covered. In publishing this
newsletter, neither the authors nor the publisher
are engaged in rendering legal, accounting, or
other professional services. If legal advice or other
expert assistance is required, the services of a
competent professional should be sought.
Advertisements appearing in
Dateline: NH do not indicate
a specific endorsement by NHADA
of the products or services unless
the NHADA endorsement symbol
appears with the advertisement.
Endorsed by
NHADA
Published monthly at Bow, New Hampshire,
by the New Hampshire Automobile Dealers
Association. Mailing address: P. O. Box 2337,
Concord, NH 03302-2337, 603-224-2369/800852-3372.
STAFF
Publisher
Editorial Director
Managing Editor
Design and Layout
Advertising Coordinator
Photographers
Full Page:
1/2 Page:
1/3 Page:
1/6 Page:
Roger C. Groux
Peter J. McNamara
Nathaniel Stout
Lisa Lavoie
Michael Rosenblum
ADVERTISING RATES
Color $675
Color $425
Color $350
Color $275
www.nhada.com
page 2
B&W $550
B&W $350
B&W $275
B&W $225
Departments
AIADA Update – Midterm Elections Approach........................................... page 4
NADA Update – A Glimpse of the Economy....................................................... 6
Benefits, Compliance corners....................................................................... 19, 21
Safety/OBD II Inspections ................................................................................ 22
Education
Seacoast School of Technology Receives Safety Training...................................... 14
Online Auction to Benefit NHAEF Postponed................................................... 15
Events
NHADA 2010 Fall Business Meeting Agenda.................................................... 11
NHADA 2010 Fall Business Meeting Presenters........................................... 12-13
DES Workshops For Auto Body Shops............................................................... 15
Features
National Automobile Dealers Charitable Foundation Grants.............................. 16
UNH Family Owned Business Center Programs Announced............................. 22
Human Resources
Recognizing Veterans on Veterans Day............................................................... 18
Minimum Wage and Commissioned Employee Compensation.......................... 20
Best Loser Challenge.......................................................................................... 23
Legal
Child Labor Rules Advisor Available................................................................... 14
Pre-Employment Drug Screening and Medical Marijuana.................................. 18
Member Benefits
Save on Your Energy Costs with Two of NHADA’s Endorsed Services................ 10
October, 2010
Dateline: NH a publication of the New Hampshire Automobile Dealers Association
The NHAD Services, Inc. Board of Directors recently voted to donate 10 percent of net
profits to the New Hampshire Automotive Education Foundation. NHAD Services, Inc.
and the NHAEF are affiliates of the NHADA.
Welcome New
NHADA Members
Shoals Auto Wholesale
199 Parsons Road
Rye, NH 03870-2113
686-6424
Owner: James Fyles
Berlin City Auto Group recently celebrated 30 years of business in New England. The
dealership was founded in 1980 as a single store in New Hampshire and today consists
of six dealerships.
G
old a s s o c i a t i o n
Autodyne Automotive
Group, LLC
dba Tilden Automotive
240 Main Street
Nashua, NH 03060
577-8970
Owners:
Robert and Janet Ruggiero
www.aane.com
New Hampshire Union Leader
For more information, please contact Dave Rousseau at 668-4321 x 241
or by e-mail at [email protected].
Dateline Ad:NHADA Back Cover Ad
October, 2010
partner
12/15/09
9:00 AM
Dave Rousseau
Page 1
“Creating Liquidity in the
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Tel: (603) 437-5700 Fax: (603) 437-5800
General Manager
Dave Blake
Operations Manager
Rob Ross
Controller
Linda Griffin
Office Manager
Donna Olsen
Safety & Compliance
Manager
Sal Morando
Director Fleet/Lease
Bill Hoover
Dealer Relations
Michele Pierog
Jim How
Katie Karl
Ted Finn
• Transportation
• Full Recondition
• Service Department
• Guaranteed Checks and Titles
page 3
Dateline: NH
From Your
AIADA Director
Dear Friends,
Summer is now behind us. The change
in seasons means the
midterm elections
are in clear view, and
politicians ever ywhere will be spendPeggy Proko
ing the coming weeks
traveling throughout their states and
districts making their campaign pitches,
hoping to secure votes come November.
I think we can all agree that this year
everyone, and not just dealers, has one
question for our candidates: Where is the
economic recovery?
Job growth is stagnant, with unemployment continuing to hover right under
10 percent. One in 62 homes in the U.S.
is being foreclosed upon, and on average
our bankruptcy rate stands at 1.2 percent.
For dealers, although business is not the
worst it has been, it could certainly be
better. Auto sales are expected to come
in somewhere under 12 million in 2010,
down from a peak of nearly 17 million
in 2005.
In the past couple of years, “economic
recovery” has taken the form of billions
upon billions in taxpayer funds funneled
into America’s economy through stimulus
programs and bailouts. President Obama
recently announced his intent to spend
another $50 billion on infrastructure
improvements. As business owners,
keeping alive the existing tax cuts would
help us continue to provide jobs for our
employees and stimulate revenue in our
page 4
a publication of the New Hampshire Automobile Dealers Association
AIADA Update –
Midterm Elections Approach
local communities. Some tax relief is
scheduled to come to an end this year,
and small business owners are asking
Washington to renew them.
At the moment, uncertainty over some
of these tax credits is preventing us from
hiring and planning for our future. As
politicians travel around to local communities, dealers must make our voices
heard. It’s time for Washington to stop
overlooking the fundamental solutions
– like tax cuts – that will help business
owners and consumers alike keep their
heads above water.
Also on the table this election season
is the long pending free trade agreement
between the U.S. and South Korea
(KORUS). Congress has refused to ratify
the agreement for 36 months now, not
because of real concerns over its substance,
but as a favor to unions and other entities.
As a result, the U.S. is being left high and
dry as Korea forges trade pacts with other
countries and entities like the European
Union.
It’s important to remind candidates
that ratification will boost all manufacturers’ bottom lines, provide consumers with
more choice, and improve the national
security of both countries.
a good way to stay apprised of the issues
that affect you most. Visit www.AIADA.
org/get-involved to learn more.
I also encourage you to host your
member of Congress at your dealership
through AIADA’s Dealer Visit Program.
AIADA will arrange the visit and provide
you with talking points for your legislator. This is one of best ways to engage
elected officials on the issues impacting
our businesses.
Get Involved
As the campaign season is in full swing,
and with so many issues on the agenda
that stand to affect international auto
dealers, we can’t afford to sit on the
sidelines. Dealers like you and me are
the most effective tool in ensuring that
AIADA’s work to educate policy makers
doesn’t fall on deaf ears. Joining AIADA’s
Legislative Action Network (L.A.N.) is
Join AIADA’s Online Community
Are you, your dealership, or employees on
Facebook and Twitter?
Find us on Facebook at http://bit.ly/
bj1DOw.
AIADA also can be found on Twitter
at http://twitter.com/AIADA_News.
Check out AIADA’s up-to-the-minute
“tweets” with information on the latest
Washington auto news and events.
AIADA’s 41st Annual Meeting And Luncheon
Registration is now open for AIADA’s
41st Annual Meeting and Luncheon.
The event, held February 7 in San
Francisco, will focus on the theme of “In
the Driver’s Seat,” as we look to what’s
ahead for those of us in the U.S. international nameplate auto retail industry.
John Mendel, vice president, automobile
sales, at American Honda Motor Co.,
will provide the keynote address. The
meeting will also include the presentation of the David F. Mungenast Lifetime
Achievement Award and the passing of
AIADA’s chairman’s gavel from current
chair Rick DeSilva of New Jersey to Jim
Smail of Pennsylvania.
October, 2010
Dateline: NH a publication of the New Hampshire Automobile Dealers Association
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page 5
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Dateline: NH
From Your
NADA Director
Jack Tulley
NADA Economist Says August Auto Sales, As Expected,
Lower Than Last Year
NADA Chief Economist Paul Taylor
says it was no surprise that August’s
new-vehicle sales were below those of the
same month last year, when “Cash for
Clunkers” was in full swing.
All of the major automakers posted
sales below last year’s levels except
Chrysler, which reported an increase of
7.4 percent.
“Toyota’s 31 percent August sales
decline is understandable, considering
last year’s results were driven largely by
clunker incentives for small cars and
hybrids,” Taylor says. “GM’s 21 percent
decline against last year’s bankruptcy
period is telling of the slow overall sales
period the industry has entered, as growth
in the economy slows.”
Most Americans who remain employed believe that they are going to stay
employed, Taylor says, but homeowners
in some states continue to wonder if
their home equity will return to the levels
of five years ago. As a result, they are
reluctant to purchase a new car or truck.
Ten states bucked the drift down in
housing values and have shown 12-month
gains for home prices in the moderate
range, Taylor says. They are Alaska,
page 6
a publication of the New Hampshire Automobile Dealers Association
NADA Update –
A Glimpse of the Economy
California, Texas, Oklahoma, Kansas,
North Dakota, Iowa, Arkansas, Louisiana,
and Virginia. The Southeast and MidAtlantic states are generally down by
two percent or less, but Florida is down
six percent. Massachusetts, New York,
Pennsylvania, West Virginia, Kentucky,
Nebraska and Colorado are down by less
than a percent in the second quarter on a
12-month basis.
“It appears the bottom is starting to
be found in many states if the steady
stream of foreclosures and short-sales
slow in coming months,” says Taylor.
“Car sales, state by state, will come back
when average home prices make modest
improvements.”
In other legislative and regulatory
news...
IRS Extends UNICAP Audit
Suspension Period
The IRS is extending the current suspension period on new dealership uniform
capitalization (UNICAP) audits, which
ensures that dealers will have the opportunity to review any forthcoming UNICAP
guidance from the IRS before having to
decide whether and how to change their
inventory methods of accounting. This
announcement follows several recent
meetings between NADA and senior IRS
and Treasury officials in which NADA has
urged the IRS to reconsider its application
of the complex UNICAP rules to franchised car and truck dealers. The IRS field
directive states: (1) the IRS Office of Chief
Counsel is currently considering publishing additional guidance on UNICAP
issues, and (2) the IRS will extend the
current audit suspension period on new
UNICAP audits (which was scheduled to
expire on December 31, 2010) until the
date the pending guidance is published in
the Internal Revenue Bulletin. NADA will
disseminate any additional IRS UNICAP
guidance when it is finalized and released.
Alert: New Healthcare Legislation
Includes Long-Term Care Provisions
The Community Living Assistance
Services and Supports Act (CLASS),
created under the umbrella of health care
reform, requires every employee in the
country to make a choice about buying
long-term care insurance. Employers must
decide whether they prefer to offer the
BRIGHT
FUTURE
AHEAD
Come to the
NADA Convention and Expo!!!
This is THE Automotive
Industry Event of the Year!!!!
www.nadaconventionandexpo.com
Voice of the Dealer®
October, 2010
Dateline: NH a publication of the New Hampshire Automobile Dealers Association
NADA – continued from page 6
baseline public program, a private LTC
plan or neither. In addition, they will need
to alert employees that this is an opt-out
program and money will automatically
be deducted from their paychecks unless
they indicated otherwise.
Timely Legal Seminars and Webinars Coming This Fall
Dealer obligations under the new
Model Privacy Notice and Risk-Based
Pricing Rule will be examined by NADA
Attorney Paul Metrey at NHADA’s
Fall Business Meeting and Partnership
Expo at the Radisson in Manchester on
October 26. Similar Webinars will be
hosted with NADA attorneys together
with representatives from federal agencies
in two NADA University Learning Hub
Webinars in October and November.
The topics will include Transitioning to
the New Model Privacy Notice about the
new model privacy notice issued in late
2009 by the FTC and the federal banking agencies) and The New Risk-Based
Pricing Rule (explanation of what dealers
must do beginning Jan. 1 to comply with
the new rule, which generally requires
creditors who pull credit reports to issue
a new notice to customers who receive
credit from them but on terms that are
less favorable than the terms received by
most of their other credit customers).
Online visit http://bit.ly/d3JlrY for registration and hotel information.
NHADA will likely be hosting a reception with several other dealer associations
from the New England Region.
• Connect with the NADA
Convention on Facebook, Twitter, and LinkedIn
News and updates on the NADA
Convention & Expo in San Francisco are
now available on Facebook, Twitter, and
LinkedIn. Join the NADA convention
community to:
- Get real-time updates;
- Connect with your peers;
- Express your opinions;
- Interact with attendees, workshop
presenters, and exhibitors; and
- Share your stories and join the
discussion.
Thousands of dealers, automakers NDA
NADA – continued on page 8
2,500+ Buyers
Every Wednesday
In other NADA news...
• NADA San Francisco Convention
Hotels Filling Up Quickly
Online registration for the NADA
convention is brisk. “Hotels are filling
up fast,” says Jack Caldwell, chairman
of NADA’s convention committee and a
dealer from Conway, Ark. “There is increased interest in the NADA convention
as the auto industry makes a comeback.”
October, 2010
5,000 Vehicles Weekly • 20 Lanes of Opportunity
saa.com
For information contact:
Scott Rodgers at (866) 827-0822
email: [email protected]
Main: (860) 292-7500
page 7
Dateline: NH
a publication of the New Hampshire Automobile Dealers Association
At Risk – continued from page 1
NADA – continued from page 7
“unsafe vehicles” where a customer
waives inspection;
• the frequent inability of customers to
test drive vehicles off of their lot; and
• misleading advertising.
The member was contacted and given
notice that a hearing would be held to determine if the member should be removed
for violations of the NHADA bylaws.
The member was invited to present any
evidence available to disprove the above
allegations.
After the hearing the board held closed
door deliberations and decided that it
would be in the best interests of the association and the public to terminate their
membership as their actions and business
practices put NHADA members and the
public at risk.
Our association is governed by our
bylaws and code of ethics. As part of
the association, members are not only
representing their business but also
the entire automotive industry. How
a member operates leaves a positive or
negative impression on our industry.
As such, NHADA will take notice of
those members who operate in violation
of our bylaws and code of ethics.
We are here to help you to maneuver
through, and comply with, state and
federal regulations and laws. Contact me
or Dan Bennett at 800-852-3372, if you
have any questions regarding the laws,
our bylaws or code of ethics.
Silver
Tyler, Simms & St. Sauveur CPAs, P.C.
association partner
New Hampshire’s leading automotive accountants
Please contact Ernie Tyler or Ken Goodreau
at 653-0044 to let them show you why Tyler,
Simms & St. Sauveur, CPAs, P.C. is right for you.
Ken Goodreau
page 8
Ernie Tyler
executives, exhibitors, guests, and media
will gather for the 94th Annual NADA
Convention at the Moscone Center
in San Francisco, Feb. 5-7, to attend
franchise meetings, keynote speaker
presentations, training workshops, and
other special events. For daily updates
or to post your own comments, follow
the NADA convention on Facebook,
Twitter, and LinkedIn.
• NADA Cosponsors Dealer Day
Conference at 2010 SEMA Show
NADA is cosponsoring the third annual Dealer Day conference at the
Specialty Equipment Market Association’s
(SEMA) 2010 convention in Las Vegas in
November. “Sales of specialty equipment
accessories represent a $27 billion-a-year
market, and it’s growing,” says NADA
Chairman Ed Tonkin. The Dealer Day
conference, to be held at the Las Vegas
Hilton on Nov. 3, will provide attendees
with the tools and resources they need to
expand or build an accessory department
at the dealership. Dealers attending the
information-packed sessions will also
receive a free online course from NADA
University’s Learning Hub, “Accessorizing
Your Way to Additional Profits.” Online
visit http://bit.ly/ayunp8 for more information or to register.
• Space Still Available in Final 2010
Classes of NADA University
Academy
NADA Dealer Candidate Academy (DCA)
and General Dealership Management
Academy (GDM) are launching the final
four classes of 2010. Limited space is still
available for both students and Department
Manager Sit-ins. Contact the Academy to
find out more about the final class starts
for 2010: DCA, Sept. 13; GDM, Sept. 20;
DCA, Oct. 4; and GDM, Oct. 18.
Call 800-557-6232, ext. 2 or e-mail
[email protected] for an application.
October, 2010
Dateline: NH a publication of the New Hampshire Automobile Dealers Association
2010 Golf Tournament to Benefit the
New Hampshire Automotive Education Foundation
The NHADA Golf Tournament was held on September 17 at Lochmere Country Club in Tilton. In the November Dateline:
NH, we will provide you with details, photographs, and acknowledgments of sponsors, and all those who made the event
a success!
Photo by Jean Conlon
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page 9
Dateline: NH
a publication of the New Hampshire Automobile Dealers Association
Save on Your Energy Costs
With Two of NHADA’s Endorsed Services:
Energy North/Heritage Propane and Competitive Energy Services
Dan Bennett, Environmental Specialist
NHADA’s newest endorsed company
Energy North/Heritage Propane has a
unique program for NHADA members
and all of your employees as well! This
endorsement is unique from many of our
others in that the program will extend to
you for your commercial usage and to your
employees for their residential propane needs.
As one of the largest propane suppliers
in the country, Heritage Propane has local
branches of propane distributors all over the
state. NHADA and Heritage have worked
together to create a program for NHADA
member businesses and their employees
that we believe will be a great benefit.
Contact Steven Fuchs the director
of customer service at Energy North
Propane at 800-698-6636 x232 to get
page 10
your rate quote. Be sure and let him
know you are a NHADA member and
would like to use the program. You can
learn more here: http://bit.ly/cYHSrT or
at www.nhada.com under the Member
Alert Section.
Right now is the heating season prebuy time so don’t miss out on this great
opportunity for you and your employees
to save on costs!
NHADA strives to find endorsed programs that will bring you value and help
your businesses. Competitive Energy
Services (CES) does just that, for businesses of all sizes.
As an NHADA-endorsed partner,
CES will lower your energy (electricity,
diesel, unleaded, heating oil, and natural
gas) costs. CES suppliers offer fixed and
variable rates for all commodities. CES
represents all electricity, natural gas,
and fuel suppliers including Integrys,
Constellation New Energy, Hess, Gexa,
Global, Rymes, MME, Sprague, Santa
Buckley, Spark, Irving, and Glacial
Energy.
CES offers results that will help you
find, purchase, and lower your energy
costs. They are able to provide daily or
monthly rates offering both long-term and
short-term arrangements. There are plenty
of other vendors out there making quotes
and promising things, but CES delivers
and has the support of NHADA.
In good times or bad; saving on costs and
an efficient energy management strategy
are keys to running a successful business.
Contact Keith Sampson of CES at
[email protected] or call
617-633-9320 for a quote and to discuss
how CES can reduce your energy costs.
October, 2010
Dateline: NH a publication of the New Hampshire Automobile Dealers Association
NHADA Fall Business Meeting & Partner Expo
Agenda
Time
October 26, 2010 – Radisson Hotel Manchester, Manchester, NH
11:15 a.m. - Noon
Registration
Noon - 12:10 p.m.
WELCOME + NH Dept. of Environmental Services &
NHADA Partners Program Signing Ceremony
12:10 - 1:10 p.m.
“Secrets to Success” - Keynote Presenter Bob Cooper
1:10 - 2:10 p.m.
Partner Expo / Refreshments
Track A
(Franchise)**
Track B
(Independent)**
Track C
(Internet/Sales)**
“New Federal Notice
Requirements: What
Owners Must Do by
December 31st”
“Marketing Auto
Services in Tough,
Competitive Times”
“Online Strategies for
Influencing Consumers”
Paul Metrey, NADA
Bob Cooper
Tori Morandi,
AutoTrader.com
3:00 - 3:10 p.m.
Transition Break
Transition Break
Transition Break
3:10 - 4:00 p.m.
“Employment Law Q&A”
“Federal Requirements:
What Business Owners
Should Be Doing”
“Win the Sale with
Online Chat”
2:10 - 3:00 p.m.
Breakout Sessions 1
Breakout Sessions 2
4:00 - 4:10
4:10 - 5:00 p.m.
Breakout Sessions 3
Attorneys Mark Broth,
Meredith Cook &
Jennifer Shea Moeckel
Paul Metrey, NADA
Laurie Foster,
Cars.com
Transition Break
Transition Break
Transition Break
“Franchise Law
and State Regulatory
Update”
“Employment Law Q&A”
“Converting Leads Into
Showroom/
Service Appointments”
Gregory A. Holmes, Esq.,
Holmes Law
Offices PLLC
Attorneys Mark Broth,
Meredith Cook &
Jennifer Shea Moeckel
5:00 - 7:00 p.m.
Jennifer Suzuki,
e-Dealer Solutions
Partner Expo / Cocktail Reception / Prizes
Partners are welcome to attend all sessions. Please register for your first choice for each breakout session. The federal regulatory update
by Paul Metrey and the employment law Q&A will each be presented twice.
**Though tracks have been labeled, seminars in all tracks may be of interest to you, and attendees may
explore seminars from different breakout session tracks.
Session overviews are enclosed.
NHADA members will be encouraged to visit NHADA Partners at the Expo. We will provide money raffle incentives. You may also
want to provide an added incentive with a business-card drawing of your own!
WIN-WIN!!!
Register now online at http://bit.ly/96qeQ1.
October, 2010
page 11
Dateline: NH
a publication of the New Hampshire Automobile Dealers Association
NHADA 2010 Fall Business Meeting Presentations and Presenters
Bob Cooper,
Elite Worldwide, Inc. /
Bob Cooper Seminars
Tori Morandi,
AutoTrader.com
Laurie Foster,
Cars.com
Jennifer Suzuki,
e-Dealer Solutions
page 12
KEYNOTE: “Secrets to Success” During these difficult financial times, a requirement of business
leadership is to set goals and then have the confidence to reach those goals. Bob Cooper will provide
goal-setting tips and secrets to grow your company. Bob has shared this incredible information with
many Fortune 500 companies, universities, the U.S. Army, and some of the wealthiest people on earth!
Now it’s your turn!
“Marketing Auto Services in Tough, Competitive Times” The competition for customers is violent,
so if you want to fill up your service bays with the right customers, and turn those customers into
songbirds, then this course is perfect for you. Bob will share with you some of the best-kept marketing
secrets that he’s used to grow some of the most successful shops in America, and that are now shared with
elite clients worldwide. During this information-rich course, you’ll learn about target markets, budgets,
print media, electronic media, and a whole lot more. If you’re looking to bring in more customers, this
is one course you won’t want to miss.
“Online Strategies for Influencing Consumers” The Internet is fundamentally an “influencing”
medium rather than a “direct response” medium. As a result, shoppers are heavily influenced beyond
what click-through rates and e-mail leads indicate. This presentation will focus on the implications of
this premise and the marketing challenges and opportunities for companies in the online environment.
This workshop will also provide you with an understanding of today’s new consumer profile, as well
as demonstrate how to use the Internet to influence consumers’ decision-making process. From the
dealership’s Web site to online merchandising and social media, you’ll learn how to build consideration
for your dealership among today’s conscientious consumers. In addition to automotive sales, examples
will reflect the variety of businesses who belong to NHADA!
“Win the Sale with Online Chat” More than ever, successful sales and service departments are using
online chat tools to engage internet shoppers. Chat offers a new way to identify prospects and start
a dialogue with customers beyond the traditional e-mail and phone lead path. Are you cashing in on
this opportunity by adding chat functionality and putting in place the proper processes – or are you
losing buyers to competitors who are more effectively greeting shoppers in their virtual showroom? This
Webinar will cover the road to sales success with online chat and offer practical advice you can implement
immediately to drive results. In this session you’ll learn: how to incorporate chat into your Internet
sales process; best practices for engaging customers in online conversation; how to transition a chat to
a sale; and how to integrate chat sessions with your CRM tool for lead management and follow-up.
“Converting Internet Prospects Into Showroom/Service Appointments” In this session, you will
learn key strategies and core fundamentals to respond to Internet prospects and take away several key
strategies to begin upgrading your present Internet sales responses. In this 21st century of selling, you
will understand the significance of having a well-thought out sales approach that will meet today’s
buyers’ expectations.
The presentation will include how to compose effective e-mails, including identifying key elements to
each follow up e-mail, responding to price requests and product availability. Jennifer will also outline
the perfect call, including identifying the steps of the call, along with specific guiding questions.
October, 2010
Dateline: NH a publication of the New Hampshire Automobile Dealers Association
NHADA 2010 Fall Business Meeting Presentations and Presenters
Paul Metrey, Esq.
NADA Regulatory Affairs
Multiple federal regulations have appeared in the past several years affecting the automotive industry.
Paul Metrey will touch upon several such regulations.
“New Federal Notice Requirements: What Owners Must Do by December 31st” For the Franchised
track, Paul will focus upon two regulations that will be enforced at the onset of 2011: “New Model
Privacy Notice” and the new “Risk-Based Pricing Rule.” The new privacy notice, while optional, is the
only notice that will afford dealers safe harbor protection for the form and content of the notice beginning
December 31, 2010. The Risk-Based Pricing Rule requires dealers who pull credit reports to issue a
new notice to customers who receive credit from them but on terms that are less favorable than the
terms received by most of their other credit customers.
“Federal Requirements: What Owners Should Be Doing” For the independent track, Paul will
touch upon the above notice and rule but will also address several other recent regulations including
OFAC, CAN-SPAM, and the requirement to truncate credit card numbers.
“Franchise Law and State Regulatory Update” The automotive business is one of the most regulated
industries around. Now that the NH General Court is nearing the end of its two-year legislative cycle,
Greg Holmes will touch upon several laws that impact your operations, including: recent examples
of how the Dealer Bill of Rights affect the sales and service agreements, and putting into practice
the UCC requirement that manufacturers pay the same amount for warranty parts as customers.
Also discussed will be recent enforcement actions by NH, including a criminal indictment of a dealership involving consumer fraud complaints. Updates to the inspections laws, dealer license revocation
laws, and the abandoned vehicle law will also be covered.
Gregory A. Holmes, Esq.
Holmes Law Offices PLLC
“Employment Law Q & A” NHADA is fortunate to have among its association partners three law offices that specialize in
employment law: Wiggin & Nourie, P.A.; Devine Millimet; and Cook, Little, Rosenblatt & Manson, p.l.l.c. These three law firms
provide insight into labor laws to NHADA members – through articles in our newsletter, Dateline: NH; seminars; and advice to
the association and its members. Each firm also offers an employment law hotline for NHADA members. In their presentations,
attorneys Meredith Cook, Mark Broth, and Jennifer Shea Moeckel will discuss hotline questions that they have received, along
with any questions that you would like to ask, either at the business meeting or in advance by contacting the attorneys at their
hotline numbers or by e-mailing your question to Jean Conlon at [email protected].
Meredith Cook, Esq.,
Wiggin & Nourie, P.A.
October, 2010
Mark Broth, Esq.,
Devine Millimet
Jennifer Shea Moeckel, Esq.; Cook, Little,
Rosenblatt & Manson, p.l.l.c.
page 13
Dateline: NH
a publication of the New Hampshire Automobile Dealers Association
Child Labor Rules Advisor Available
The U.S. Department of Labor (DOL) Laws Assistance for Workers and Small understand federal employment laws. To
has released an updated version of the Businesses) advisors developed by the access it, please visit the elaws at www.
Child Labor Rules Advisor that incorpo- DOL to help employers and employees dol.gov/elaws/.
rates the changes to the regulations, 29
CFR Part 570, that became effective on
July 19, 2010.
Seacoast School of Technology
These regulations focus on non-agriculReceives Safety Training
tural employment. The interactive, online
Ryan Hale, NHADA WCT environmental health and safety consultant, provided
Child Labor Rules Advisor (visit http://
safety training for the senior automotive technology class at Seacoast School of
bit.ly/cDBy32) is designed to answer
Technology in Exeter, NH. The class took place September 13 and 14.
questions about workers and businesses
Shop safety training is a requirement that high school automotive programs
that are subject to federal child labor
around the state must meet. This was a pilot program; the first time NHADA
rules. This Advisor provides information
assisted a school in meeting the safety training requirement.
at different levels of detail, depending
on who is seeking the information,
(i.e., youth, parent, employer).
The Child Labor Rules Advisor is
one of a series of e-laws (Employment
Involved with the class were Margaret Callahan,
principal of the Seacoast School of Technology in Exeter
and new director on the New Hampshire Automotive
Education Foundation board; instructor Fritz Arseneau,
student Austin Atamian, and instructor-Bob Nienhouse.
Ryan Hale is pictured on the right side of each photo.








B
ronze
association partner
StaplesÒ Advantage
Largest office supply company in the U.S.
For more information, please contact
Brian Morin at 223-2091 or [email protected].



page 14
October, 2010
Dateline: NH a publication of the New Hampshire Automobile Dealers Association
DES Workshops For Auto Body Shops
Free Workshops in Keene, Lincoln, and Portsmouth
T
he New Hampshire Department of Environmental Services (NH DES) will offer
three additional morning workshops for auto body/collision repair shops on both
air and hazardous waste requirements.
NHDES & NHADA hosted a number (most in Concord, one in Gorham) of these
classes in the fall of 2009 through May of 2010. The three upcoming seminars are
the same curriculum but, in case you did not or could not attend, they are coming to
different parts of the state.
Recent NH DES surveys have shown many auto body shops are in violation of
hazardous waste rules and not ready for the January 1, 2011 deadline to be in compliance with the new EPA air emission rules (NESHAP).
Workshops will be held: in Keene on Friday, Oct. 8; in Lincoln, Fri., Oct. 22; and
in Portsmouth, Fri., Nov. 19. Owners, operators, managers, or anyone responsible
for environmental compliance should attend these workshops. The workshops will
present guidance on what the air and waste rules are that apply to your business, as
well as what steps you can take to achieve compliance.
To register, contact Sara Johnson at [email protected] or 603-271-1379. For
more information on the auto body/collision repair project, visit http://bit.ly/aT0VfY.
You may also contact Dan Bennett at [email protected] or at 800-852-3372.
October, 2010
Online Auction to
Benefit NHAEF
Postponed
The NHADA Online Auction to benefit the New Hampshire Automotive
Education Foundation, which was
originally scheduled for November
8-19, 2010, has been postponed in
order to gather more donations.
We are actively seeking donations!
Please contact Jean Conlon at 800852-3372 or [email protected] to
participate. You will be recognized on
the NHADA Web site, in Dateline, NH,
and on the NHADA online Auction
Web site, BiddingforGood.com/
NHADA.
Please watch for more information.
page 15
Dateline: NH
a publication of the New Hampshire Automobile Dealers Association
National Automobile Dealers Charitable Foundation
Ambassadors Award Grants
G
rants were announced recently from
three New Hampshire ambassadors
of the National Automobile Dealers
Charitable Foundation (NADCF).
Ambassador Joseph R. Yergeau of
Holloway Pontiac Buick GMC Cadillac,
has named the Portsmouth High School
Career and Technical Education Center to
receive a $1,500 grant from the NADCF.
Ambassador Jack Tulley, NADA and
NHADA director, awarded $1,500 to
the Medic Unit of the Nashua Police
Department Special Reaction Team (see
photo next page).
Ambassador David B. Cushman
has designated a $1,500 grant for the
Kensington Volunteer Fire Department.
An NADCF ambassador may present
Protective Introduces...
Engine Coverage
For Life!
*
*Protects the engine for as long as your customer owns the vehicle. Coverage is subject to limits and exclusions; see warranty for details.
Serving Automotive Dealers Since 1962
Vehicle Service Contracts I GAP Coverage I Credit Insurance
Dealer Participation Programs I F&I Training I Advanced F&I Technology
To find out how you can start providing the Lifetime Engine Warranty at your dealership
contact Protective’s New Hampshire representative, George Spatt.
866.478.9242
www.protectiveassetprotection.com
Lifetime Engine Warranty, Vehicle Service Contracts (VSCs) and GAP are backed by Lyndon Property Insurance Company in all states except NY. In NY, VSCs are backed by Old Republic Insurance Company. GAP
and Lifetime Engine Warranty are not available in NY. Credit Insurance is backed by Protective Life Insurance Company in all states except NY, where it is backed by Protective Life and Annuity Insurance Company.
page 16
a gift every three years to an entity or
organization selected by that ambassador
or by a duly appointed representative.
Recipients must provide emergency
medical care or be an educational institution (primary, secondary, or college
levels), or units of economic education.
Mr. Yergeau has
had a distinguished
career in the retail
automotive industry
as the vice president of Holloway
Pontiac Buick GMC
Joseph Yergeau
Cadillac.
Mr. Cushman has
pursued a distinguished career as part
owner of Holloway
Motor Cars of
Manchester, LLC.
Mr. Tulley has
had a distinguished David Cushman
career at Tulley Buick-GMC-BMWMazda-VW, and has been active with
the NADA and with the NHADA for
many years.
The NADCF ambassador programs are
possible because of the steadfast support
of franchised new car and truck dealers,
state and metro dealer associations, and
their friends.
Other NADCF ambassadors in New
Hampshire include the late Daniel B.
McLeod, former NHADA president;
the late Kristine Yanofsky of Exeter
Subaru; Joseph R. Yergeau of Holloway
Pontiac Buick GMC Cadillac; Anna
Grace and Paul J. Holloway of Holloway
Automotive Group; Scott Holloway of
Holloway Pontiac Buick GMC Cadillac;
and the late Ruth C. Tulley of BuickGMC-BMW-Mazda-VW.
October, 2010
Dateline: NH a publication of the New Hampshire Automobile Dealers Association
BronzeRobbins Auto Parts, Inc.
association partner
Delivering great service since 1933
For more information, please call 800-582-7237; or visit their Web site at www.robbinsauto.com.
We Have A
Great Auction
Every Wednesday
Up To 1,200 cars
@ 9:00 AM
Jack Tulley presents Nashua Police Chief Donald F. Conley with a $1,500
check from the National Automobile Dealers Charitable Foundation,
which will benefit the Medic Unit of the department’s special reaction
team.
B
ronze a s s o c i a t i o n
partner
Occupational
Wellness
Health screenings and flu shots
For more information, please contact
Jason Allen at 314-1333 or by e-mail
at [email protected].
Why Does
LYNNWAY AUTO AUCTION
Belong On Your Calendar?
•
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@ 7:00 PM
We Average 1100+ New Car Trades Weekly
We Average 700 Buyers Weekly
We Average 75% Sales Ratio
We Average 90% Dealer Consigned Cars
We Have 6 Lanes of Action
We Offer 12+ Floor Planning Companies
We Are Open 7 Days & Nights With 24 Hour Security
We Service Every Major Market & 6 New England States
We Have A Full Reconditioning Department & Competitive Rates
We Have a Post Sale Inspection Department
We Have Car Carriers To Pick Up Cars Anywhere
We Have Only Professional Auctioneers
We Have Accommodations For Many Dealers
We Have A Great Web Site For Information
Jim Lamb
George Russo
Bob Brest
Visit Us On Web @
WWW.LYNNWAYAUTOAUCTION.COM
Where You Get Inventory Lists Updated Constantly
And The Ability To Buy And Sell From Your Home Or Office
732R Lynnway Lynn, MA 01905 * Phone: 781-596-8500 * 1-888-Lynnway * Fax: 781-581-5033
We Are Only 7 Miles From Logan Airport
October, 2010
page 17
Dateline: NH
a publication of the New Hampshire Automobile Dealers Association
Should Pre-Employment Drug Screening Policies
Change to Accommodate Medical Marijuana?
Clara Dietal, Esq. and Jen Moeckel, Esq.
T
he answer to this interesting question
is “No.” New Hampshire employers
do not need to recognize medical marijuana
use as a valid excuse for a positive preemployment drug test. Last fall, the New
Hampshire House and Senate passed a bill
that would have legalized the use of medical
marijuana for severely ill patients. Governor
Lynch vetoed the bill and the Senate fell two
votes short of overriding his veto.
While medical marijuana currently
remains illegal in New Hampshire,
fourteen other states, including Vermont
and Maine, have legalized it. Because of
the laws in these neighboring states, New
Hampshire employers may encounter out-
of-state residents who fail pre-employment
drug tests because of marijuana that was
legally obtained and used in another state.
New Hampshire employers remain free to
proceed as usual in the face of a positive
drug test result and to deny or rescind
an offer of employment regardless of the
circumstances under which the applicant
obtained and used the marijuana.
Employers wishing to avoid confusion
over this issue are advised to update their
drug and alcohol policies to prohibit the
use of any drugs that are illegal under state
or federal law, and to inform applicants
of the company’s position on the use of
medical marijuana and the consequences
of a positive drug test result.
These columns are intended to provide general information to NHADA members and are not intended to substitute for legal advice based on specific facts.
Clara Dietel, Esq. and Jen Moeckel,
Esq. and are attorneys at Cook,
Little, Rosenblatt & Manson, p.l.l.c.
You may reach either of them at
603-621-7112. You can also reach
Clara or Jen by e-mail at cdietel@
clrm.com or [email protected]
respectively.
Clara Dietel, Esq.
Jen Moeckel, Esq.
Bronze
Clara Dietal, Esq. and Jen Moeckel, Esq.
V
eterans are formally recognized and
honored throughout the country
each year on Veterans Day.
New Hampshire enacted RSA 115A:29 last year to require employers to
permit honorably discharged veterans of
the United States Armed Forces to take
the day off on Veterans Day, November
11, without penalty.
Employers do not have to recognize
Veterans Day on a company-wide basis,
but must permit veterans to elect to take
the day off if they wish.
The day off is without pay unless pay is
otherwise required by law, such as in the
case of a salaried employee who performs
work during the pay period in which the
holiday falls.
Employers can require a veteran wishing to take the day off to provide advance
notice in accordance with the employer’s
policies and procedures. As Veterans Day
2010 is fast approaching, the time is right
for reviewing your holiday policy for
compliance with state law and ensuring
that each of your employees has received
a copy of the policy.
association partner
Willis of Northern New England, Inc.
Commercial insurance and bonding
Save the Dates
For quotes or questions, please call Colleen Rioux, CPIW,
in the Bond Department at 800-464-1203.
Colleen Rioux
page 18
New Hampshire Legal
Update: Recognizing
Veterans on Veterans Day
October 21 Hazardous Materials
Certification
(seminar)
October 26 NH Fall Business
Meeting &
Partner Expo
As seminars are added, they will be
listed at www.nhada.com under the
Calendar of Events. For information,
contact Jean Conlon at 800-852-3372 or
at [email protected].
October, 2010
Dateline: NH Benefits Corner
Laurie Churchill, NHADA Account Producer
W
hile most discussions about
insurance in recent months have
focused on health care reform at the
federal level, important insurance decisions are being made right here in New
Hampshire.
The legislature has considered some
bills during 2010 that will impact all
insurers and companies doing business
in our Granite State beginning in 2011.
Some of these bills include mandated
coverage. For example, House Bill 569
(HB 569), an act clarifying insurance
coverage for diagnosis and treatment
of pervasive developmental disorder or
autism, was signed on July 23, 2010, for
an effective date of January 1, 2011.
HB 569 is not a new mandate, but
rather, the legislation clarifies what “treatment” means under NH’s existing mental
health parity law as it is applies to autism
spectrum disorders.
Treatments that will be covered include
habilitative or rehabilitative care, pharmacy
care, psychiatric care, psychological care,
and therapeutic care. It requires insurance
companies to cover treatment when prescribed by a medical professional following
the guidelines adopted by the American
Academy of Pediatrics and other professional groups. Treatment will be subject
to periodic review for medical necessity.
There is a maximum benefit of $36,000
for children younger than one year old
to age 12 and a maximum benefit of
$27,000 from ages 13 to 21. While special
education programs may use some of the
same types of therapies to help a child
learn, this is not done at the same level
of intensity or with the same goals as a
treatment program.
October, 2010
a publication of the New Hampshire Automobile Dealers Association
Changes In Store for Health Care in 2011
HB 569 states clearly that it should not
be interpreted as reducing the obligation
that schools have to deliver a free and
appropriate education.
On July 23, 2010 HB 561 was signed
into law. This means that, as of January
1, 2011, private insurance companies
are required to provide $1,500 coverage
for sales of hearing aids and coverage for
the professional services associated with
the practice of fitting, dispensing, and
servicing every five years. The benefits will
not be subject to any greater deductible,
coinsurance or co-pay than any other
benefits provided by the insurer.
The insured may choose a higher price
hearing aid and pay the difference in cost.
The hearing aid must be prescribed and
dispensed by a licensed audiologist or
hearing instrument specialist.
Bottom line: the cost of health insurance ranks as the top concern of businesses, especially in New Hampshire
since these costs rank among the most
expensive in the nation. Even seemingly
modest changes will add to the cost of
health insurance. This may cause some
businesses to consider adjusting benefits
and/or shifting even more of the premium
expenses to employees.
If you would like more information,
please contact me at 800-852-3372
or send along an e-mail to lchurchill@
nhada.com.
Sell Us Your
Unwanted Vehicles!
We LOVE bad
engines or
transmissions,
and the miles
don’t matter.
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877-JUNK BOX (586-5269)
55 Hall Road, Londonderry, NH 03053
page 19
Dateline: NH
a publication of the New Hampshire Automobile Dealers Association
Understanding Minimum Wage and
Commissioned Employee Compensation
Margaret O’Brien, Esq.
that these employees have been payment must equal at least minimum
re automobile sales empaid at least minimum wage for wage. R.S.A. 275:42 requires that reconciliployees subject to the
the pay period.
ations occur on a monthly basis. However,
minimum wage laws – even
Confusion often arises in the statute allows flexibility for longer or
when there is a written sales
dealerships because there are shorter sales cycles by permitting employers
commission agreement between
exceptions to the FLSA’s over- and employees to agree to reconcile on a
the employee and the dealership?
time pay requirements for auto more or less frequent basis. An agreement to
Margaret O’Brien, Esq.
“Yes,” automobile sales emsalespersons, parts employees, reconcile draws and commissions on other
ployees are subject to federal and state and mechanics, assuming these employees than a monthly basis must in writing, and
minimum wage laws, regardless of any satisfy certain qualifications set forth should be signed by both the employee
written agreements between the parties by statute (see 29 C.F.R. §779.372). and employer.
to the contrary. Through the federal Fair However, this overtime exemption does
Labor Standards Act (FLSA), Congress not eliminate a dealership’s obligation Margaret O’Brien is an attorney at
has established a national minimum to comply with the federal and state Devine, Millimet, a Silver-level associawage, which is currently $7.25 per hour. minimum wage laws for these employees. tion partner located at 111 Amherst Street
Likewise, New Hampshire has established
Often the best practice is to establish a in Manchester. She can be reached at
its own minimum wage law found at draw against commission plan in accord- 603-695-8631 or by e-mail at mobrien@
R.S.A. 279:21, which also is currently ance with R.S.A. 275:42, VII. The draw devinemillimet.com.
$7.25 per hour. There are no exceptions
from these minimum wage laws for
NHADA Loss Prevention
employees of automobile dealerships.
Department Mission Statement
Consequently, should a sales employee
be subject to a written commission plan,
The NHADA Loss Prevention Department strives to provide Workers’ Compensation
which results in a sub-minimum wage
Trust (WCT) members with top quality comprehensive environmental, health and
payment for a particular pay period, the
safety (EH&S) consultation services. The department’s goal is to meet all the EH&S
needs of the membership so as to assist in the prevention of injury, regulatory
auto dealership is required to pay the
compliance, enhanced business culture, and increased profitability.
difference to the employee.
Example: A salesperson is paid $200
per week (40 hours) plus commissions
pursuant to written agreement. Because
association partner
of the slow economy, the salesperson
does not earn any commissions one week.
Regardless of any written agreement to
TD Bank dealer finance
the contrary, the auto dealership must
pay this employee a minimum of $290
Feel free to contact Frank Gaw, Vice President,
(40 hours x. $7.25 = $290) for this pay
TD Bank Dealer Finance, at 800-238-9500 x 351.
period. Otherwise, the dealership will
be in violation of the federal and state
minimum wage laws. Because of this possibility, dealerships are cautioned to review
each paycheck against the hours actually
worked by its sales employees to confirm
A
B
ronze
page 20
TD Bank
October, 2010
Dateline: NH compliance corner
Brian Duplessis, CSP, WCT Loss Prevention Coordinator
L
et’s pretend that the New Hampshire
Department of Labor (NH DOL)
doesn’t require your business to have a
safety committee.
Let’s also make believe that they don’t
require that the committee be comprised
of equal representation of managers and
non-management staff, that the committee meet quarterly, and that it post
minutes where staff can read them.
Let’s also assume you don’t have to sign
the NH DOL Safety Summary Form certifying that you have a safety committee,
a written program, and that you perform
a variety of safety functions. Even with all
these NH DOL safety requirements aside,
an effective safety committee is still an
invaluable part of any business.
What makes the safety committee so
important besides helping you comply
with all the NH DOL regulations? Very
simply, two things: the long list of key
tasks the committee can accomplish, and
a publication of the New Hampshire Automobile Dealers Association
The Best Half Hour You’ll Ever Spend
the positive effect performing those tasks
has on your business; you can see that with
a quick review of some safety committee
responsibilities:
• addressing employee safety concerns;
• eliminating safety hazards;
• developing and implementing safety
programs and policies;
• coordinating employee safety
training;
• self audits, inspections, and
main­tenance;
• ensuring compliance with safety
regulations;
• environmental compliance;
• hazardous materials handling, storage
and spill prevention;
• emergency preparedness;
• completing the safety summary form;
• improved housekeeping and facilities
maintenance;
• improved processes and efficiencies;
• safety communication; and
How long
has it been since
your last cleaning?
• recordkeeping
As you can see by the impressive list above,
any business completing all these tasks will
surely be better off than those that ignore
these responsibilities. A good safety committee positively affects employee moral,
company culture, and, most importantly,
profitability.
Now for the good news, your business
can accomplish all this in as little as four
half-hour meetings per year! The NHADA
Loss Prevention staff currently works
with the safety committees of over 150
Workers’ Compensation Trust (WCT)
members. This experience has allowed us
to develop a comprehensive, yet streamlined process.
If you are not one of the WCT members we work with, contact us, and utilize
our expertise. It doesn’t cost a thing, and
we schedule the meetings on-site at your
convenience.
To get started (or restarted), reach me
at 800-852-372 or send me an e-mail at
[email protected].
Call us today for quality
solutions and service.
• Servicing all brands of
•
•
•
•
•
•
•
waste-oil heating systems
Installations
Repairs
Annual Cleaning and Tune-ups
Refurbish Older Systems
Bring Installations Up to Code
Emergency Service
Supply Parts
Phone (603) 833-0844 • Fax (603) 994-5543 • www.EnvironEquipNE.com
October, 2010
page 21
Dateline: NH
a publication of the New Hampshire Automobile Dealers Association
UNH Family Owned Business Center Programs Announced
T
he Center for Family Business starts
its 18th year at the University of
New Hampshire with another year of
outstanding programs.
The center, founded in 1993, offers
several programs that should be of interest
to members of the NHADA. At its core
is the membership program that provides
five seminars throughout the year that
assist family owned businesses to grow,
prosper, and maintain healthy, happy
family relations.
Families learn new ideas and skills to
successfully transfer ownership and leadership; improve communcations; develop
strategies; overcome challenges; resolve
conflict; and meet other interesting and
successful family business owners.
This year’s programs include:
October 6 – A new decade and the
economy and its effect on the family
business;
November 10 – Using the installment sale
in financing the transition of the business;
February 16 – Facing the minefield of
human resources in 2011 and beyond;
April 6 – Understanding and developing
family councils and understanding and
developing the differing goals of family
members; and
2010 Unemployment
Rates by Area
United States
New England
Connecticut
Maine
Massachusetts
New Hampshire
Rhode Island
Vermont
page 22
May
9.3%
8.6%
8.8%
7.9%
9.1%
5.9%
11.8%
5.9%
Jun
9.6%
8.5%
8.9%
7.7%
8.8%
5.7%
11.6%
6.0%
Jul
9.7%
8.8%
9.4%
7.9%
9.1%
5.8%
12.0%
5.7%
May 5 – Growing the family business –
the story of Pleasant View Gardens and
the Huntington family.
UNH recognizes that family businesses,
which offer great opportunities, are a vital
part of the economy in New Hampshire.
The university’s programs are designed to
help families deal with the unique challenges in running a successful business.
In addition to the programs mentioned above, the center offers a unique
program of study to help members of
the younger generations in family businesses build leadership skills and to assist
families in achieving a smooth transition
of the leadership and ownership. This
program involves eight, full-day sessions
spread throughout the year. Sessions
are conducted by a professor from the
Whittemore School of Business at the
UNH.
Additionally, a Chief Executive
Officers’ forum is offered involving outstanding CEOs from throughout New
England, who will share their experiences
in leading their companies. The CEO
program is designed for key executives
in larger businesses in New Hampshire
and includes approximately five breakfast
meetings, usually held at the university
in Durham.
For information on any of the above
programs please e-mail Barbara Draper
at www.familybusiness.unh.edu or call
603-862-1107.
Safety/OBD II Inspections Statistics
Safety
Inspection
Results
Aug’10
% of Total
YTD ’10
% of Total
Total *
68,798
100.00%
903,057
100.00%
Passed
51,730
75.20%
678,456
75.10%
Corrected
8,986
13.10%
118,804
13.20%
Rejected
4,062
5.90%
54,297
6.00%
Untested
4,020
5.80%
51,500
5.70%
Total
59,901
100.00%
782,928
100.00%
Passed
50,982
85.10%
667,300
85.20%
Rejected
6,224
10.40%
81,912
10.50%
Untested
2,695
4.50%
33,716
4.30%
OBD II
Inspection
Results
(1996 and newer)
* Total numbers include OBD II Inspections
Statistics provided by Gordon-Darby
October, 2010
Dateline: NH a publication of the New Hampshire Automobile Dealers Association
NHADA Best Loser Wellness Challenge
Top Three Individuals
Kevin Gray, Dyna Tune, Inc.
Denis Chretien, Merrimack Street Garage
David Morton, Banks Chevrolet
First Place Team
Banks Chevrolet: Rick Gauthier, Rhonda
Gauthier, David Morton, Daelynn Elizabeth,
Robert Souza, Janice Souza; Christine
Flanders of Bonneville & Son; Denis
Chretien of Merrimack Street Garage; Kim
Judd of Rte 125 RV & Marine; and Carolyn
Phillip of Phillips Auto Sales.
Biggest Loser Winner – Kevin Gray of Dyna Tune, Inc. is awarded
his prizes by Laurie Churchill, NHADA account producer.
Manchester – continued from page 1
A check in the amount of $3,000 was
presented to the Webster House, which
provides a safe place for teens during
times of uncertainty. The main goal of
the Webster House is to give our teens a
chance for a successful future.
The Veteran’s Count Club assists our
soldiers and their families with preparation and recovery from deployment. The
VCC received a $5,000 donation for
2010 in memory of Gerard “Monty”
Montembeault.
The Manchester New Car Dealer
Association includes AutoFair Group;
Bonneville & Son, Inc.; Holloway Motor
Cars of Manchester, LLC; Merrimack
Street Volvo, Werner Mazda; Quirk
dealerships; and State Motors, Inc.
• DEAC is one of the top-20 all-time
•DEAC
DEAC isis one
one of
of the
the top-20
top-20 all-time
all-time
•
financial
supporters
of U.S. House and
financial supporters
supporters of
of U.S.
U.S. House
House and
and
financial
Senate candidates.
Senate candidates.
candidates.
Senate
• DEAC gave $3 million to House and
•DEAC
DEAC gave $3
$3 million
million to
to House
House and
and
•
Senate gave
candidates
in 2008.
Senate candidates
candidates in
in 2008.
2008.
Senate
• Over 85 percent of DEAC-supported
•Over
Over 85
85 percent
percent of
of DEAC-supported
•
candidates
won theirDEAC-supported
races in 2008.
candidates won
won their
their races
races in
in 2008.
2008.
candidates
• In 2008 New Hampshire raised nearly
•In
In 2008
2008 New
New Hampshire
Hampshire raised
raised nearly
nearly
•
$31,160
for DEAC,
finishing second
$31,160 for
for DEAC,
DEAC, finishing
finishing second
second
$31,160
overall in the DEAC state rankings.
overall in
in the
the DEAC
DEAC state
state rankings.
rankings.
overall
• The $31,160 was raised by 50
•The
The $31,160
$31,160 was
was raised
raised by
by 50
50
•
contributors;
of those seven
were
contributors; of
of those
those seven
seven were
contributors;
DEAC President Club members.
DEAC President Club
Club members.
members.
DEAC
Nearly President
70 percent of members
(113)
Nearly 70
70 percent
percent of
of members
members ((113)
113)
Nearly
contributed nothing.
contributed nothing.
nothing.
contributed
• In 2009 New Hampshire has nine
•In
In 2009
2009 New
New Hampshire
Hampshire has
has nine
nine
•
DEAC
Presidents
Club members.
DEAC Presidents
Presidents Club
Club members.
members.
DEAC
New Hampshire Department of Safety, Division of Motor Vehicles
Title Statistics Report Ending: August 31, 2010
Aug ’10
Aug ’09
’10 YTD
’09 YTD
Titles Issued for New and Demo Vehicles:
7,687
9,152
61,282
57,691
Titles Issued for Used Vehicles:
17,484
19,016
142,726
146,181
TOTAL TITLES ISSUED:
25,171
28,168
204,008
203,872
Titles Issued with a Lien:
10,261
11,343
81,183
79,164
Titles Issued with no Lien:
14,910
16,825
122,825
124,708
Salvage Titles Issued:
707
902
6,751
7,588
Salvage Tags Issued:
217
276
1,889
1,868
Titles Issued for Heavy Trucks More than 15 Years Old:
41
37
275
256
Titles Issued for Heavy Trucks 15 Years Old or Less:
402
107
928
951
Titles Issued for Trailers:
850
818
6,346
6,222
Titles Issued for Motorcycles:
1,333
1,387
11,466
11,095
Titles Issued for Motor Homes:
76
61
510
422
October, 2010
page 23
2010 NHADA Association Partners
(as of September 22, 2010)
platinum
gold
WMUR-TV/WMUR.com NH
Zurich
Bank of America Merrill Lynch
New Hampshire Union Leader
Wiggin & Nourie, P.A.
SILVER
American Fidelity Assurance Company
Anthem Blue Cross and Blue Shield in New Hampshire
AutoTrader.com
Cars.com
Devine Millimet
Enterprise Holdings
Manheim New England
Northeast Delta Dental
O’Connor & Drew, P.C.
Southern Auto Auction
St. Mary’s Bank
Tyler, Simms & St. Sauveur, CPAs, P.C.
Wells Fargo Dealer Services
Windward Petroleum/Exxon Mobil
BRONZE
@utoRevenue
ADP Dealer Services
Aftermarket/Royal Administration
Albin, Randall & Bennett
AmSan New England
Amy Martineau (American Hardware Insurance)
Auto Auction of New England
Auto/Mate® Dealership Systems
Auto Use
Bedford Cost Segregation, LLC
Bellwether Community Credit Union
BG Products/Warehouse Distributors of New England
Clean Harbors Environmental Services
CompPartners (BOAC, MVOH, SOAC, St. Joseph’s B & H)
Cook, Little, Rosenblatt & Manson, p.l.l.c.
CUDL Autosmart
DealerTrack Inc.
EM-Power Services, Inc.
Environmental Equipment of New England, LLC
F & I Resources
G&K Services
GeoInsight, Inc.
Heritage Propane
Holmes Law Offices PLLC
Jewett Construction Co., Inc.
JM&A Group
JPMorgan Chase Bank
Lift Works Corp. / Sullivan Tire Inc.®
Liftech Automotive Equipment
Lynnway Auto Auction
Macdonald Page & Co LLC
Nancy Phillips Associates, Inc.
Occupational Wellness
Protective
Rath, Young and Pignatelli, P.C.
Resources Management Group
Robbins Auto Parts, Inc.
Sanel Auto Parts Co.
ScanPoint
Seacoast Media Group
Staples® Advantage
TD Bank
Third Party Administrators, Inc.
Tire Warehouse
TR2 Corp/LSI Industries
Trivantus, Inc.
Waterline Alternative Energies
Willis of Northern New England, Inc.
To become a 2010 Association Partner, please call Jean at 800-852-3372.