January 2013 Volume 36,36, Issue #1 a publication of the Automobile Dealers AssociationAssociation Dateline:D ate NH a publication of the New Hampshire Automobile Dealers Association

2012-2013 NHADA OFFICERS New Members Chairman Donna Gaudet Hosmer Wholesalers Unlimited LLC West Lebanon Nissan, Inc. 1st Vice Chair 824 Londonderry Turnpike dba Team Nissan North Andy Crews 2nd Vice Chair Auburn, NH 03032 51 Evans Drive Chris Weiss 661-2451 Lebanon, NH 03766 Treasurer Holly Carlson Owners: Mary Canales 448-3500 Secretary and Michael Canales Owner: Victoria Marcinkevich Eileen Sleeper President Peter J. McNamara 2012-2013 NHADA DIRECTORS Inside this Issue Peggy Proko, Immediate Past Chairman Marc Bourgeois, At-Large Franchised/Independent Michael Cooney, Independent Used Car Departments Roger Groux, At-Large From Your AIADA Director – A Good Year Has Passed ...... page 6 William Gurney, Independent Repair/Service NADA News – Impressive Lineup of Speakers Slated ...... 14 Paul Holloway, Honorary 2012 Unemployment Rates by Area...... 22 Scott Holloway, At-Large Jim Lagana, Heavy Duty Trucks Safety/OBD II Inspections Statistics ...... 22 Mike Kopp, At-Large Franchised/Independent Title Statistics Report Ending November 30, 2012 ...... 23 George Mullin, Motorcycles Legal Ken Plante, At-Large US Dept. of Labor Investigates Dealers ...... 3 AIADA DIRECTOR Peggy Proko Features NADA DIRECTOR Toyota of Nashua Grand Opening ...... 4 Jack Tulley NH Auto Show Coming This Fall...... 5 Environment This publication is designed to provide accurate and authoritative information in regard to the subject matters The Spill Plan Law Change Is Now In Effect ...... 7 covered. In publishing this newsletter, neither the authors nor the publisher are engaged in rendering legal, Powersports accounting, or other professional services. If legal advice or other expert assistance is required, the services of a Motorcycle Sound Testing Law Goes Into Effect This Month ...... 8 competent professional should be sought. Political Advertisements appearing in ADPAC Contributed to Recent Campaigns ...... 10 Dateline: NH do not indicate a specific endorsement by NHADA The Roots of Success ...... 11 of the products or services unless the NHADA endorsement symbol Compliance appears with the advertisement. Internships Are A Win-Win If Managed Correctly ...... 12 Published monthly at Bow, New Hampshire, FTC Proposes Limited Changes to Used Car Rule ...... 19 by the New Hampshire Automobile Dealers Association. Mailing address: P. O. Box 2337, Concord, NH 03302- Education 2337, 603-224-2369/ Executive Briefing On Union Organizing ...... 16 800-852-3372. STAFF One Community Helping Another...... 22 Loss Prevention Publisher Donna Gaudet Hosmer Editorial Director Peter J. McNamara Matt Foster Joins NHADA as a Loss Prevention Representative...... 22 Managing Editor Nathaniel Stout Urgent Reminders on Inclement Weather Hazards ...... 16 Design and Layout Advertising Coordinator Lisa Lavoie Photographer Michael Rosenblum ADVERTISING RATES Full Page: Color $700 B&W $575 1/2 Page: Color $450 B&W $375 A New Look for Dateline: NH 1/3 Page: Color $375 B&W $300 1/6 Page: Color $300 B&W $250 Welcome to the new Dateline: NH. While fundamentally your monthly newsletter remains the same, we have redesigned the cover to hopefully provide a more contem- www.nhada.com porary feel. If you have any questions or concerns, please contact Communications Director Nat Stout by email at [email protected] or call 800-852-3372.

page 2 January 2013 Dateline:D ate NH a publication of the New Hampshire Automobile Dealers Association

US Dept. of Labor Investigates Dealers – Focus Is On Outside Detailing Companies

Peter J. McNamara, President in the hopper. The USDOL has alleged recommend that you call a labor attorney f using an outside company for detailing that some of these outside detailing for advice. NHADA partners Cook, Iwork, dealers need to make sure the companies failed to properly pay wages to Little, Rosenblatt & Manson, p.l.l.c. (Jen outside company is paying their employ- their employees, usually overtime. Moeckel) or Devine & Millimet (Mark ees correctly or risk opening up their After investigating the relationship Broth) are both available for this. own checkbook. The US Department between the detailer and the dealer, the Also, review this article: “How To of Labor (USDOL) forced several New USDOL found that, in 100 percent of Survive A Department of Labor Wage- England dealers to pay the employees of the cases, there was either no independent Hour Audit,” Dateline: NH, page 12, outside detailing companies for overtime contractor relationship or the dealer was December 2010, which discusses investi- and other wages that weren’t paid by a joint-employer. Upon reaching that gations. You can view the article online at the detailer. The USDOL has examined conclusion, the USDOL demanded that http://bit.ly/SjIOVz. three NH dealerships and NHADA the dealer make up for the missing wages Is the detailing company correctly paying understands that several more are next if the detailing company wasn’t able to their employees? There is no sure way to in line. This article will give you recom- come up with the cash. confirm this. Check their payroll records. mendations as to how to avoid such an The solution: It’s neither easy nor guaran- Compare actual paystubs to cancelled unwelcome conclusion. Unfortunately, teed. Dealers should ensure (1) the outside checks. If you have a security log, see there is no iron-clad solution. First some company is paying their employees cor- what hours the employees of the detailer background. rectly; (2) the detailer is an independent are working, or limit the number of hours The problem: Outside companies that contractor; (3) joint-employment is not they operate to 40. These are are just a few perform detailing or reconditioning present; and (4) they should consult with ways to ensure compliance. work at dealerships. The USDOL has a labor attorney or just hire their own Dealers shouldn’t just blindly accept investigated several dealerships in the employees. the detailing company’s word that wages New England area including three in As you look at this and especially if are being paid correctly. After all, they New Hampshire. Several more stores are you are contacted by the USDOL, I Detailing – continued on page 4

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January 2013 page 3 Dateline:D ate NH a publication of the New Hampshire Automobile Dealers Association

Toyota of Nashua Grand Opening Toyota of Nashua recently celebrated the Grand Opening of their new. 65,000-square-foot facility. The event took place on December 4th with over 350 people in attendance. The dealership also celebrated their 45-year anniversary as a Toyota dealership, and was presented the Toyota Motor Sales coveted Katana Sword to commemorate the occasion. The night also was highlighted by the unveiling of the newly designed 2013 Toyota Avalon as well as by tours of the new facility for the guests. Pictured at left (L-R): Rick Labrie, general manager, Toyota of Nashua; Lauren Dubois, president, Maple Leaf Construction; Donnalee Lozeau, mayor of Nashua; Marilyn Piekarski, wife of Toyota of Nashua President Wil Piekarski; Cooper Erickson, general manager, Toyota Motor Sales Boston Region; and Chris Piekarski, executive vice president, Toyota of Nashua.

Detailing – continued from page 3 have you as a financial backup if they can’t are paying the detailing contractor. As the do the detailing work because now you pay the full wages! saying goes, “if something seems too good are going to have to check on that second You should calculate how much it to be true, it probably is!” company. You should also be concerned if would cost you to hire your own detailing You should also be cautious of detailing the detailing contractor hires people he or employees and compare that to what you companies that hire other companies to she claims are “independent contractors.” It is a difficult test to pass at this level. SILVER How do you ensure the independent ASSOCIATION PARTNER contractor status and avoid joint employ- ment? Again, there is no black and white answer to this as the federal standards are Northeast broad and vague. Delta Dental Here are some questions you should ask yourself to try avoid joint employment Providing quality and ̗ƜƝƙƛΎȷɁΎȽȼȳΎȽȴΎɂȶȳΎɂȽȾ˹̱̯˴ΎȯȺȺ˹ɂȷȻȳ˴Ύ and ensure the independent contractor affordable dental programs ˛ȼȯȼȱȷȯȺΎɁɃȾȾȽɀɂȳɀɁΎȽȴΎƭ˷ƫ˷ΎƠȽɃɁȳΎȯȼȲΎ ƫȳȼȯɂȳΎȱȯȼȲȷȲȯɂȳɁ˷ (IC) status is present: Ύ̗ƜƝƙƛΎȷɁΎȽȼȳΎȽȴΎɂȶȳΎɂȽȾ˹˛ɄȳΎȯɁɁȽȱȷȯɂȷȽȼΎ • Is the detailing work done at the dealer- For more information, please contact ship or at an off-site location? your NHADA Sales Representative ȾȽȺȷɂȷȱȯȺΎȯȱɂȷȽȼΎȱȽȻȻȷɂɂȳȳɁΎȷȼΎɂȶȳΎȼȯɂȷȽȼΎ Laurie Churchill ȷȼΎɂȳɀȻɁΎȽȴΎȰȽɂȶΎɂȽɂȯȺΎȴɃȼȲɀȯȷɁȷȼȵΎȯȼȲΎ • Do the recon workers wear recon at the association office at 800-852-3372 ȱȯȼȲȷȲȯɂȳΎȲȽȼȯɂȷȽȼɁ˷ company uniforms? or by email at [email protected]. ̗ƜƝƙƛΎȱȽȼɂɀȷȰɃɂȳȲΎ̱͘˷̴ΎȻȷȺȺȷȽȼΎɂȽΎƠȽɃɁȳΎ • Did the dealer put out the recon ȯȼȲΎƫȳȼȯɂȳΎȱȯȼȲȷȲȯɂȳɁΎȲɃɀȷȼȵΎɂȶȳΎ̱̯̰̯Ύ ȱȽȼȵɀȳɁɁȷȽȼȯȺΎȳȺȳȱɂȷȽȼΎȱɇȱȺȳ˷ contract out for a bid? Ύ̗ƜƝƙƛΎ˛ȼȯȼȱȷȯȺȺɇΎɁɃȾȾȽɀɂȳȲΎ̵̲̳Ύ • Is a former employee running the recon ȱȯȼȲȷȲȯɂȳɁΎɂȶȯɂΎɀȯȼΎȴȽɀΎƛȽȼȵɀȳɁɁΎȷȼΎ̱̯̰̯˷ company? NHADA ENDORSED Ύ̷̵̗ΎȾȳɀȱȳȼɂΎȽȴΎƜƝƙƛ˹ɁɃȾȾȽɀɂȳȲΎ • Did the recon company hire the dealer- ȱȯȼȲȷȲȯɂȳɁΎɅȽȼΎɂȶȳȷɀΎɀȯȱȳɁΎȷȼΎ̱̯̰̯˷ ship’s former recon employees? and Ύ̗ơȼΎ̱̯̰̯˴ΎƦȳɅΎƠȯȻȾɁȶȷɀȳΎɀȯȷɁȳȲΎ̴̱͘˴̴̷̯Ύ • Does the recon company have its own ȴȽɀΎƜƝƙƛ˴Ύ˛ȼȷɁȶȷȼȵΎɁȳɄȳȼɂȶΎȽɄȳɀȯȺȺΎȷȼΎɂȶȳΎ employees or does it consider the work- ƜƝƙƛΎɁɂȯɂȳΎɀȯȼȹȷȼȵɁ˷ ers to be independent contractors? Ύ̗ƬȶȳΎ̴̱͘˴̴̷̯ΎɅȯɁΎɀȯȷɁȳȲΎȰɇΎ̸̲Ύ ȱȽȼɂɀȷȰɃɂȽɀɁ˵ΎȽȴΎɂȶȽɁȳΎɁȳɄȳȼΎɅȳɀȳΎƜƝƙƛΎ • Do your managers direct the work of ƨɀȳɁȷȲȳȼɂɁΎƛȺɃȰΎȻȳȻȰȳɀɁ˷ the detailing contractors employees? Detailing – continued on page 23 page 4 January 2013 Dateline:D ate NH a publication of the New Hampshire Automobile Dealers Association

NH Auto Show Coming This Fall t may seem early, but we’re pretty sure Shows, LLC, the New Hampshire Auto display of hot rods and specialty vehicles. you’re going to want to remember these Show will be held at the New Hampshire I Statewide advertising and promotions dates: Fri., Sat. and Sun., Oct. 18-20, 2013. Sportsplex in Bedford, which has exhibit are planned. Sponsorships and partner- space that can accommodate up to And while we’re at it, remember these 170 vehicles, is centrally located in the ships will be sought as well. The show will numbers: 20 automotive brands, 160-170 state, and has sufficient parking for the be promoted in Motor Trend magazine vehicles. expected crowds. and on New Hampshire media, and social Yes, it’s beginning to look a lot like an media will help to get the word out. Motor Potentially, powersports and other auto show. Trend already handles 21 out of 65 auto vehicle types could be displayed in addi- shows per year nationally. The NHADA Board of Directors tion to automobiles. decided during its December meeting Stay tuned for updates as we get them. Possible events during the show include that the association should host its first a charity function the evening before If you have any questions about this ex- auto show in recent memory. Details are the general show begins, a technology citing event, please contact Pete McNamara still emerging, but some of the basics are exposition for high school automotive at [email protected] or Michael already available. technology students throughout the state, Rosenblum at [email protected] Produced by Motor Trend Auto a celebrity appearance, a kids’ day, and or call either of them at 800-852-3372. We want to be your Sub-Prime Retail Lender! Floorplan Company!

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January 2013 page 5 Dateline:D ate NH a publication of the New Hampshire Automobile Dealers Association

FROM YOUR AIADA DIRECTOR A Good Year Has Passed, Now There’s Uncertainty Ahead

are still wrangling over how to address As we begin a new year, my question Dear Friends, the fiscal cliff — an issue that has already for fellow dealers is simple: How will you had an impact on our economy and busi- ensure Washington hears your voice on It was a good year for nesses. Michigan also recently became the the issues that matter to you? For interna- our industry, with pent 24th right-to-work state. It is a landmark tional nameplate dealers, issues like trade, up demand, loosening decision that represents the tumultuous taxes, regulation, and labor all stand to be credit, and an aging struggle over labor law and regulation that severely impacted in the coming years. vehicle fleet contribut- we’ve seen in recent years. Joining AIADA and getting involved in its ing to a robust sales The year was a reminder that, in life work is one of the best things international Peggy Proko environment. and in business, we often must take the nameplate dealers can do to make their The year also good with the bad. Dealers have become voices heard inside the beltway on these brought a contentious election and far more aware of this fact over the past issues, and others like them. political environment, and with it, plenty few years, and we’ve become especially Start by attending AIADA’s 43rd of uncertainty as we head into 2013. In good at turning lemons into lemonade. Annual Meeting and Luncheon on fact, at the time of this writing, just before However, while our business acumen is February 11 in Orlando. Steve Cannon, Christmas, Congress and the President always on high alert, for many of us, our CEO and president of Mercedes-Benz political involvement falls by the wayside. USA, will provide keynote remarks and his As AIADA Chairman Ray Mungenast perspective on how dealers can maintain recently wrote, “There may have been a their edge in the coming years. We will CCAATCH THTHE time when dealers could succeed simply also recognize the recipient of the David by selling a quality product and treating F. Mungenast Sr. Lifetime Achievement their employees and customers with Award, and our new chairwoman, Jenell respect. Today, it takes more than that, Ross of Ohio. Visit AIADA.org/events and I’m not sure enough dealers and to register. general managers realize it. The govern- As you plan for 2013, I hope you’ll also EXPERIENCE ment is deeply involved in our industry, consider joining AIADA in Washington, ||| 500+ Exhibits and we have learned the hard way that DC for its spring Auto Summit (May 21 ||| Bonus Workshops on federal legislation can determine winners & 22). The two-day event will educate Friday and Monday and losers.” AIADA – continued on page 19 ||| Social Connection Zone on the Expo Floor BRONZE ||| Dynamic Speakers ASSOCIATION PARTNER SHARE Jewett Construction Co., Inc. ||| Knowledge at workshops and Design-build and construction management services franchise meetings ||| Your views with peers and OEMs For more information, please contact ||| At this, your Automotive Craig Jewett at (603) 895-2412, ext. 16 or email him at Industry Event of the Year [email protected].

convention & expo 2013

693(5+6c -,)9<(9@ 

www.nadaconventionandexpo.org Craig Jewett

page 6 January 2013 Dateline:D ate NH a publication of the New Hampshire Automobile Dealers Association

The Spill Plan Law Is Now In Effect. Do You Have a Plan? NHADA Can Assist! f you store greater than 660 gallons but don’t be fooled, a great deal of work course of action. Releases of regulated or Iof gasoline or have greater than 1,320 and knowledge of facility operations is hazardous substances are serious issues gallons of petroleum product (oil, used required nonetheless. and ones that can be very costly and may oil, brake fluid, ATF) on-site, you are NHADA has many resources dedi- plague your business for years to come. required to register your site with the NH cated to SPCC plans including our Loss Many circumstances can arise requiring Department of Environmental Services Prevention staff who perform field audits that an engineering firm help you in (NHDES) and have a Spill Prevention of your on-site storage, working closely completing your SPCC plan. Still, there Countermeasure & Control (SPCC) plan. with the NHDES, as well as our bronze- may be instances when self-certification This past legislative session the law was level association partner, GeoInsight. of your SPCC plan is the best and most changed, with NHADA support, allow- Mike Dacy of GeoInsight – at 314-0820 affordable course of action. Bottomline: It ing facilities that have less than 5,000 gal- or [email protected] – stands ready is not a compliance decision to be taken lons of petroleum product, and less than to assist you with engineer-stamped spill lightly. 660 gallons of gasoline, to self-certify their plans and to provide expertise in assessing If you have questions on environmental plans as opposed to having an engineer environmental regulatory and operational issues such as self-certification, SPCC perform this service. Self-certification has risks. He can find cost-effective solutions plans, or what option is best for you, let long been part of the EPA’s program, and that protect the value of your business. us assist you. Contact me by email at the NHDES believes it is appropriate. NHADA feels that pollution preven- [email protected] or feel free to call The EPA currently provides a template, tion and being prepared is your best at 800-852-3372.

January 2013 page 7 Dateline:D ate NH a publication of the New Hampshire Automobile Dealers Association

Motorcycle Sound Testing Law Goes Into Effect This Month

Dan Bennett, Vice President of Government Relations s NHADA mentioned back in June, could almost completely ban aftermarket bill was sponsored by longtime NHADA Aeffective January 1, 2013, the pro- exhaust systems. friend Representative cedure for testing the permissible sound To see how your representative (who (R-Londonderry). A working group studied level of motorcycles in the NH Inspection may have been re-elected) voted, visit the law for over a year that included testing laws has changed. NH will now use the NHADA’s Legislative Scorecard on motorcycles at NHADA offices. We sup- SAE J-2825 method for sound testing HB 1442, Motorcycle Sound, online at ported Rep. Packard’s bill along with the on-road vehicles. This change came about http://bit.ly/WseKbC. NH Motorcyclists Rights Organization after many repeated attempts to change HB 1442, the bill which Governor John (NHMRO), the American Motorcyclist the motorcycle sound law to include Lynch signed into law on May 14, 2012, Association (AMA), the NH Division of significantly lower sound levels and to was highly contested. NHADA members Motor Vehicles and the State Police, and require EPA-certified pipe labeling, which weighed in heavily on the matter. The many local law enforcement agencies. The testing method (SAE-J2825) that is now law in NH was found to be easier We offer more than products. to conduct at shops during an inspection as well as during field enforcement by We offer solutions. law officers. Much has been said about the cost that

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Motorcycle – continued from previous page A very informative and educational motorcycle inspections is listed below. inspection stations must bear in order to video on how to conduct the test that was Stay tuned for another all-in-one mo- comply. NHADA looked closely at this, created with the assistance of the AMA torcycle technician inspection certifica- and the final result is that no new tools can be found at http://bit.ly/Wsgv8N. tion in March hosted by NHADA, State are required. If you have the tools that For the specifics on the testing method Police Troop G, NHDMV, and Heritage comply with the old law, which you must, refer to the SAE manual, which can be Harley-Davidson. especially if you have recently been visited obtained at http://bit.ly/WsgIJd. For questions on motorcycle inspec- by a representative of State Police Troop Troop G of the NH State Police reminds tions, contact Dan Bennett at dbennett@ G, you are already set. you that the required tool list to conduct nhada.com or call 800-852-3372.

• Straight line on floor (to check tracking of wheels); • Straight edge with pointed end, minimum three feet long, and a two foot level (to check trail); • Adjustable protractor (capable of checking rake on front forks); • Vernier caliper (to measure thickness of rotors); Tools • Tire pressure gauge; required to • Tread depth gauge; conduct • Decibel meter (ANSI Type 1 or 2, capable of external calibration and equipped with a wind screen); motorcycle • External Field Calibrator with an accuracy of plus of minus 0.5 decibels; inspections • Anemometer (for measuring wind speed); • Tachometer (for measuring engine speed of motorcycles not so equipped); • Tape measure; • Headlight aiming board, or machine; and • Frame lift (to lift front or rear wheel off the floor).

AANE

January 2013 page 9 Dateline:D ate NH a publication of the New Hampshire Automobile Dealers Association

ADPAC/DEAC Contributions, 2012 Elections Automobile Dealers Political PARTY Action Committee Contributed AFFILIATION” WON LOST GOVERNOR to Recent Campaigns D ✓ Ovide Lamontagne R ✓ STATE SENATE The NHADA’s Automobile Dealers Boutin for State Senate 2012 R ✓ Friends of for State Senate R ✓ Political Action Committee (ADPAC) Friends of Peter Bragdon R ✓ Friends of Sharon Carson R ✓ contributed to the campaigns of a Committee to Elect Lou D’Allesandro D ✓ Friends of Jeanie Forrester R ✓ number of candidates this past election. Martha Fuller Clark for State Senate D ✓ As you can see by the chart at right, our Hosmer for Senate D ✓ Supporters of Molly Kelly D ✓ batting average is good, with a success Sylvia Larsen for State Senate D ✓ Bette Lasky for State Senate D ✓ rate of 90 percent! Friends of Jim Luther R ✓ for State Senate R ✓ The Dealers Election Action Bob Odell for State Senate R ✓ Joe Osgood R ✓ Committee (DEAC), your federal Prescott for Senate R ✓ political action committee supported Rausch for Senate 2012 R ✓ Friends of Andy Sanborn R ✓ incumbent Congressmen Frank Committee to Elect D ✓ Friends of Nancy Stiles R ✓ Guinta (R-District 1) and Charles Bass Committee to Elect David Watters D ✓ Jeff Woodburn for Senate D ✓ (R-District 2), both of whom were de- STATE REPRESENTATIVES feated by their Democratic challengers. Patrick Abrami R ✓ D ✓ Election recap: http://bit.ly/WsmudD. David Campbell D ✓ Committee to Elect Gene Chandler R ✓ D ✓ Friends of Jennifer Coffey R ✓ Mary Cooney D ✓ Gary Daniels R ✓ BRONZEBRONZE Lisa DiMartino D ✓ Raymond Gagnon D ✓ ASSOCIATION PARTNER Ken Gidge D ✓ Jeff Goley D ✓ Bill Hatch D ✓ Resources John Hikel R ✓ Dick Hinch R ✓ PartnerManagement Name John Hunt R ✓ D ✓ Group Will Infantine R ✓ Shawn Jasper R ✓ F&I development and Gus Lerandeau D ✓ reinsurancePartner Saying provider Patricia Lovejoy D ✓ Bruce Marcus R ✓ Sean McGuinness R ✓ Contact Greg Hoffman, CEO, Resources D ✓ Committee to Re-Elect Bill O’Brien R ✓ Management Group, at 800-761-4546 or Bill Ohm R ✓ [email protected]. Sherm Packard R ✓ Lee Quandt R ✓ Partner statement. Matt Quandt R ✓ Michael Reed R ✓ Brian Rhodes D ✓ Laurie Sanborn R ✓ Donna Schlachman D ✓ Lisa Scontsas R ✓ Pete Silva R ✓ Friends of R ✓ John Tholl R ✓ Pamela Tucker R ✓ D ✓ Ken Weyler R ✓ EXECUTIVE COUNCIL Greg Hoffman Friends of Ray Burton R ✓ Chris Pappas 2012 D ✓ for Executive Council R ✓ Van Ostern for Council D ✓ DEAC Charlie Bass R ✓ Frank Guinta R ✓

page 10 January 2013 Dateline:D ate NH a publication of the New Hampshire Automobile Dealers Association

The Roots of Success n December, a group of NHADA members Ifrom Manchester, Goffstown, Bedford and Hooksett gathered to discuss political action. This ambitious group of business people represented the broad range of the NHADA membership: new car and trucker retailers, independent repair and sales, and recyclers. The goal was simple: strengthen the grassroots Photo by Dan Bennett Senator Lou D’Allesandro (D-Manchester) speaks to NHADA members at the first Grassroots of NHADA in the Manchester region. These Amabassadors meeting in Manchester on December 4. Seated to the right of the Senator business people recognize that NHADA’s voice are: David Hammer of Contemporary Chrysler Dodge Jeep and NHAD Services Board of at the Statehouse is only as strong as their voice Directors chairman; Michelline Dufort, advocacy director of the NH Center for Non-Profits, who spoke to attendees on the legislative and advocacy process; Bob Mariano of Bob Mariano in the home district of their elected state Senators Chrysler-Jeep-Dodge, Inc.; Dave Cushman of Holloway Motorcars of Manchester, LLC; Dave and Representatives. Ludwig of Prestige Auto Body; and Dick Horan of Precision Imports, Inc., a member of the NH Automotive Education Foundation Board of Directors. This group is committed to reaching out to the 50-some Representatives and Senators in the greater Manchester We were fortunate to have Senator Lou D’Allesandro area but by doing so in a smarter way. Rather than each NHADA (D-Manchester/Goffstown) speak before the group about what member attempting to get to know all 50-some officials, each is going on at the Statehouse and the importance of local busi- member will instead meet three or four officials. Each volunteer nesses being present in the political arena. Also joining us was member in this group will be NHADA’s ambassador; each will Michelline Dufort from the NH Center for Nonprofits, who be NHADA’s voice and connection at the Statehouse. advised us on how to best be an advocate for the industry.

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January 2013 page 11 Dateline:D ate NH a publication of the New Hampshire Automobile Dealers Association

Internships Are A Win-Win If Managed Correctly

Peter Sheffer, Workers’ Compensation Trust Director mployers who offer internships are their students to intern. The school will the viability of the partnership based on Ecreating a great opportunity for outline four to six career objectives that the business’ compliance with regulated students to explore careers in which they the student will gain from the program. safety requirements, loss history, and may have an interest. For businesses it This form outlines the general program labor violations. The NHDOL wants to is an opportunity to cultivate interest in for the internship and numerous students ensure that the business will provide a positions that may need to be filled. may participate in the program. The form safe work environment and is interested However, businesses may expose for the program only needs to be filed in developing a bona fide internship and themselves to workers’ compensation one time until or unless the program is not just trying to get around paying an and federal Fair Labor Standards Act changes. The form is then submitted to employee to perform work. If the applica- (FLSA) liability if the internship is the NHDOL for approval. If the program tion is rejected, the notice will include a set up incorrectly. To avoid workers’ is approved by the NHDOL, any intern reason for the rejection. Businesses that compensation liability, employers who within the program who is unpaid will not have been previously approved are listed are considering an unpaid internship be considered an employee of the business at the NHDOL website http://1.usa.gov/ for high school students must follow the who provides the internship. Workers’ WtiSYU. The approval of the partnership rules for the school-to-work program compensation responsibility falls back is valid for one year. established by the NH Department on to the school. The goal of the form Although not required, the NHDOL of Labor (NHDOL). The website can and the NHDOL approval process is to encourages the partners to utilize the be found at http://1.usa.gov/WtiSYU; differentiate between the learning process Memo of Understanding form at http:// relevant forms can be found at http:// and an employer/employee relationship. 1.usa.gov/WtjbD5. This form was created 1.usa.gov/Wtj2PS. It is critical that the The second step in the process involves for the vocational cooperative education process be followed in order to avoid the business. This is the “Application for program, but is very useful in outlining workers’ compensation exposure or penal- Pre-Screening of School to Work Business the participants and their understanding ties from the (NHDOL) or the federal Partner.” This form may be completed of the program. The parties may create government. by a school or a business, but it requires their own form or letter of understanding The first step is for the school to a partnership between the two entities. to memorialize the agreement. complete the “Approved For Non-Paid The Application for Pre-Screening of When all of the forms are completed Work-Based Activities Under 279:22- School to Work Business Partner must and approved by the NHDOL the intern aa.” This form is used for the school to be submitted to the NHDOL for their may begin participating in the internship. identify a programs in which they want approval. The NHDOL will evaluate The business must keep copies of all approved forms on file, and they must be able to provide them if a NHDOL inspector performs an inspection. Employers considering paid internships for Youth Employment in Hazardous Occupations are required to go through the NHDOL Vocational Cooperative Education Program to waive hazardous occupation restrictions. The NHDOL takes into consideration the Youth Employment in Hazardous Occupations when approving or denying the Non-Paid

NHADA ENDORSED Based Work Activities form. Interns – continued on page 19 page 12 January 2013

Dateline:D ate NH a publication of the New Hampshire Automobile Dealers Association

NADA Impressive Lineup of Speakers Slated for NEWS NADA Convention and Expo in February commander of Endeavour’s final mission to-dealer incentive tied to sales goals. Former Secretary of Defense Robert and husband of former Congresswoman “The history of our industry is littered M. Gates, Hyundai’s John Krafcik and Gabrielle Giffords, will deliver an inspi- with automaker attempts to impose one- Astronaut Mark Kelly to Headline rational address. The 96th annual NADA size-fits-all programs on dealers. These 2013 NADA Convention convention runs from Feb. 8-11, 2013, at efforts at top-down control almost always Former Secretary of Defense Robert M. the Orange County Convention Center. fail,” added Underriner, a Buick, Honda, Gates, who will discuss global politics For more information or to register, visit Hyundai and Volvo dealer in Billings, and U.S. foreign policy, joins a lineup www.nadaconventionandexpo.org. Visit MT. “We favor lawful, equal and fair of industry and inspirational keynote online for more information at: http:// treatment by a manufacturer for all its speakers at the 2013 National Automobile bit.ly/12nTB1U. dealers. Unfortunately, history shows that, Dealers Association Convention and Expo at times, manufacturers create incentive in Orlando, FL, next month. Gates served NADA to Automakers: Stop Unfair programs that favor some dealers over as the 22nd Secretary of Defense from Business Practices others.” 2006-2011 under both President Barack Bill Underriner, NADA chairman, re- Obama and former President George cently outlined two contentious factory IRS Delays Effective Date of W. Bush. He was the only Secretary of issues facing new-car dealers and urged Tangible Property Regulations Defense in U.S. history to be asked to automakers to support a level playing The Internal Revenue Service announced remain in office following the ascension field for dealerships of all sizes. “Two-tier that the tangible property temporary to office by a newly-elected President. pricing and mandatory facility upgrades regulations issued in 2011 will be optional In total, Mr. Gates has served eight U.S. are symptoms of a bigger overall problem for 2012 and 2013, and that it expects to presidents. — manufacturer intrusion into dealers’ issue final regulations on the topic in 2013 Industry keynote speakers at the businesses,” Underriner said Oct. 23 in re- with a Jan. 1, 2014 effective date. These NADA convention include John marks to the Automotive Press Association regulations address whether expenditures Krafcik, president and CEO of Hyundai in Detroit. “NADA wants the automakers for tangible property are considered Motor America; NADA Chairman Bill to stop unfair practices.” repairs, which may be currently expensed, Underriner, a new-car dealer in Billings, This summer, NADA created a special or capitalized improvements, which must MT; and incoming NADA Chairman dealer task force to focus on the fairness be depreciated. Consult your accountant David Westcott, a new-car dealer in of stair-step programs, also referred to as for additional details. Burlington, NC. Captain Mark Kelly, two-tier pricing, which is a manufacturer- former NASA astronaut, space shuttle The Federal Reserve and CFPB BRONZE Announce Jan. 1 Increase in TILA and ASSOCIATION PARTNER Consumer Leasing Act Thresholds The Federal Reserve Board and the Auto Use Consumer Financial Protection Bureau Sub prime retail and inventory financing (CFPB) announced that the dollar thresh- olds in Regulation Z (Truth in Lending For more information, please contact them at (800) 873-2907. Act) and Regulation M (Consumer Leasing Act) for exempt consumer credit and lease transactions will increase to $53,000 beginning Jan. 1, 2013. This means that beginning Jan. 1, 2013, con- sumer credit transactions and consumer leases at or below $53,000 are subject to page 14 January 2013 Dateline:D ate NH a publication of the New Hampshire Automobile Dealers Association

NADA – continued from previous page the protections of the regulations. These achieved professionally,” Westcott said. “I unchanged from October’s levels. On increases are consistent with the Dodd- am excited about representing the new car a whole, market prices have fallen by a Frank Act amendments to the Truth in and truck dealers in America next year.” barely noticeable 0.1 percent compared to Lending Act and the Consumer Leasing Westcott will be the sixth dealer from October, which is a significant improve- Act to adjust these thresholds annually North Carolina to lead NADA. “All deal- ment over the 2-3 percent average fall by the annual percentage increase in the ers face many challenges today,” Westcott for the month. Prior to Hurricane Sandy, Consumer Price Index. added. “I’m looking forward to working it was expected that the already taut with all dealers, large and small, to keep relationship between used-vehicle supply North Carolina Auto Dealer David our industry growing and prospering.” and demand would see little change in Westcott to Lead NADA in 2013 Westcott and McConnell will take office the trend of depreciation outperforming The NADA has elected David W. Westcott at the 2013 NADA Convention and Expo historical levels, but the destruction left as chairman and Forrest McConnell, III, as in Orlando, FL, which runs Feb. 8-11. by the storm has exacerbated this relation- vice chairman for 2013. Westcott, owner ship, and there has been a predictable of David Westcott Buick GMC Suzuki Used Prices Remain reaction in used prices. in Burlington, NC, has been a new-car Essentially Unchanged While depreciation for all segments has dealer since 1981. He currently represents Market prices for nearly all NADA slowed, mid-size car and van prices have North Carolina’s new-car dealers on segments in November were noticeably actually increased slightly, by 0.7 percent NADA’s board. “To be elected chairman stronger than what is normally seen for and 0.6 percent, respectively. The heavy of NADA is the highest honor I have ever the period as prices remained essentially NADA – continued on page 16 BRONZE ASSOCIATION PARTNER Warehouse Distributors of New England/ BG Products

Automotive preventive maintenance products/services

For more information, please contact Warehouse Distributors of New England at 800-543-6632. Feel free to visit their website at www.bggreenwood.com

January 2013 page 15 Dateline:D ate NH a publication of the New Hampshire Automobile Dealers Association

Urgent Reminders on Inclement Weather Hazards he NHADA Loss Prevention Department is sponsoring a contest where employ- ([HFXWLYH%ULHÀQJ Tees of WCT-member businesses can win prizes for submitting completed Lot On Union Organizing Inspection Reports, photos of well maintained parking lots or ideas aimed at preventing slip/fall injuries. Entries should be submitted within 36 hours of any accumulating Unionization of dealership employees has snow event by faxing to 224-8126 or emailing to [email protected]. been virtually unknown in northern New England. But the recent The Lot Inspection Report (http://bit.ly/UIUsp6) can ensure grounds are kept free of unionization of techni- ... New slip/fall hazards. Instruct staff to complete report after weather events, then submit the cians at Boch Honda Hampshire completed reports to NHADA for the Weather Related Slip/Fall Prevention Contest! (MA), together with the dealers All entries will receive a fabulous prize! Available prizes include gift certificates, re-election of President Barack Obama, who may NHADA apparel, pizza parties, personal snow rakes, or Grips-Lite traction footwear. face the Every entry received will be entered into the end-of-the-season Grand Prize drawing! HQMR\HGVLJQLÀFDQWVXS- port from organized challenge A Grand Prize may also be awarded for the overall best entry as judged by the Loss labor, and recent deci- of union Prevention staff! So fill out the Lot Inspection Reports, snap those photos or send in sions by a demonstra- organizing your creative ideas to WIN! Please, one entry per-person, per-storm. bly pro-labor National efforts. Lastly, “Wrong Shoes, You Lose” buckets are available by request to NHADA WCT Labor Relations Board, members. Place the buckets with sand/salt at all doors utilized at your facilities. increases the likelihood that New Hampshire dealers may face the challenge of union organizing efforts. NADA – continued from page 15 January 15, Mark T. Broth, Esq. of fleet presence of these segments and the Nine Trucks Nominated for ATD Devine, Millimet will hold an executive fact that price growth has been primarily Commercial Truck of the Year in 2013 EULHÀQJIRU1+$'$PHPEHUGHDOHUV concentrated in model years 2011 and The American Truck Dealers (ATD) owners on union organizing. At this 2012 suggests that rental companies are announced Oct. 3 the nine nominees for meeting attendees will learn: looking to the used market to satisfy the 2013 ATD Commercial Truck of the • the mechanics of union organizing the temporary transportation needs of Year, an award recognizing the top truck – what steps a union must take to consumers whose vehicles were either entries in the heavy- and medium-duty RUJDQL]HDQHPSOR\HU·VZRUNIRUFH damaged or destroyed by the storm. categories. The heavy-duty (Class 8) • recent NLRB actions, including On the car side, compact and luxury truck nominees are Freightliner Cascadia “quickie” elections and “micro- units” that make it easier for em- prices fell a slight 0.6 percent and Evolution (equipped with Detroit DT12 SOR\HHVWRRUJDQL]H 1.0 percent, respectively. Following in transmission), Kenworth T680 76-inch • common reasons why employees similar fashion, the rate of decline for Sleeper with PACCAR MX Engine, XQLRQL]HDQG large pickups and large SUVs was 1.1 Peterbilt Model 579 and Western Star • strategies for employers seeking to percent and 1.6 percent, respectively. 4700SF. The medium-duty (Class 3-7) avoid union organization. Compact and luxury utilities also de- nominees are Ford F-650, Hino 195h, Mark Broth is a shareholder and chair clined slightly at 0.2 percent and 0.7 Isuzu Reach, Kenworth K370 Cabover RI WKH ILUP·V/DERU(PSOR\PHQW DQG percent, respectively. and Peterbilt 337 Extended Day Cab. (PSOR\HH %HQHÀWV 3UDFWLFH *URXS+H In the coming weeks, NADA expects The annual award, which will be pre- represents employers in all aspects of that price movement will deviate little sented Sunday, Feb. 10, during the 2013 the employer-employee relationship, in- from the present course. Considering ATD Convention and Expo in Orlando, corporating over 25 years of experience in both employment litigation and client the prevailing relationship between used- FL, recognizes a winner in both the counseling. Devine, Millimet & Branch, P.A. vehicle supply and demand along with the heavy- and medium-duty truck categories. is an NHADA Silver Partner. disruption caused by Sandy, used prices The ATD convention will once again run To learn more and register, log on to will likely remain flat through December concurrently with the NADA Convention members.nhada.com or contact Jean instead of progressively softening as is and Expo in Orlando from Feb. 8-11. For Conlon at 800-852-3372 or jconlon@ typically the case. For more information, more information or to register, visit www. nhada.com. visit www.nada.com/b2b. atdconventionandexpo.com. page 16 January 2013 Dateline:D ate NH a publication of the New Hampshire Automobile Dealers Association

January 2013 page 17 Dateline:D ate NH a publication of the New Hampshire Automobile Dealers Association

United States Environmental Protection Agency

December 2012

SUBJECT: The 2013 Model Year EPA/DOE Fuel Economy Guide

Dear Automobile Dealer: ¿ ts of

The U.S. Department of Energy (DOE) and U.S. Environmental Protection Agency (EPA) seek your help in providingf¿ cient your vehicles. customers Fuel with economy information is an aboutimportant fuel economyfactor for consumersand the bene when using more fuel-ef shopping for a vehicle. EPA regulations require automobile dealers to prominently display the EPA/DOE Fuel Economy Guide booklets at each location where new automobiles are offered for sale and to make them available to the public at no charge (40 CFR 600.405-08 and 600.407-08). The regulations ensure that prospective customers have ready access to fuel economy information for current model year vehicles.

You have several options for obtaining the Fuel Economy Guide: ¿ le. To

1. We will e-mail you an electronic copy of the Guide through the National Automobile Dealers Association (NADA) in December 2012. You can print the Guide if you from have this notelectronic previously ensure that you will receive a new [email protected] year Fuel Economy Guide via e-mail every year, please send your e-mail address to done so. ¿ le. This version of the Guide is 2. You can download the Guide and from print the copies government’s from the electronic fuel economy Web site at www.fueleconomy.gov updated periodically with newly released models and up-to-date or fuel via cost phone estimates. by calling DOE’s 3. If you would like us to send you print copies of the Guide, you can order them via the Internet at http://www.fueleconomy.gov/feg/contacts.shtml Clean Cities Technical Response Service at 1-800-254-6735 between the hours of 9:00 a.m. and 7:00 p.m. Eastern time. Orders for the 2013 Fuel Economy Guide are currently being accepted and will be mailed, free of charge, in December 2012.

EPA and the National Highway Transportation Safety Administration (NHTSA) recently f¿ xed to all new passenger cars and. trucks. For more redesigned the fuel economy and environment labels for new vehicles. Starting with model year 2013, the improved http://www.epa.gov/otaq/carlabel/regulations.htmlabels must be af information, please visit

We thank you for your cooperation and assistance in helping us implement this new way to provide the car-buying public with fuel economy information.

Sincerely,

Ma vis Program Patrick B Da rector ker Acting Di ByronByron JJ. BBunker,un Acting Director Patrick B. Davis, Programf ¿Manager ciency and Renewable Energy Compliance Division Vehicles Technologies Program Off¿ ce of Transportation and Air Quality Energy Ef U.S. Environmental Protection Agency U.S. Department of Energy

page 18 January 2013 Dateline:D ate NH a publication of the New Hampshire Automobile Dealers Association

FTC Proposes Limited Changes to Used Car Rule The Federal Trade Commission (FTC) • adding a statement to the Buyers Guide to the “List of Systems” on the back of announced proposed changes (online see informing consumers that they can the Buyers Guide; and http://1.usa.gov/UYgkzm)to the FTC seek vehicle history information at an • placing boxes on the back of the Used Car Rule “Buyers Guide” that dealers FTC website; Buyers Guide where dealers will have place on used cars they offer for sale. The • adding a statement in Spanish to the option to indicate whether (1) the FTC is proposing only limited changes to the Buyers Guide directing Spanish- manufacturer’s warranty still applies, the rule, declining to include disclosures speaking consumers to ask for a copy (2) the manufacturer’s used vehicle war- relating to vehicle history, prior use or title of the Buyers Guide in Spanish, if they ranty – such as a manufacturer’s certified history, or to impose a dealer inspection desire; used car warranty – applies or (3) some requirement among the proposed changes. • adding catalytic converters and airbags other used vehicle warranty applies. The FTC’s proposed rule includes:

Interns – continued from page 12 Employers considering unpaid intern- ships for non-high school students should review Anne Scheer’s article, “Unpaid 

Interns and Volunteers In Your Business – Is That Legal?,” in Dateline: NH, May Tyler, Simms & St. Sauveur is a CPA firm dedicated to providing 2012, or online at http://bit.ly/UEVdPs. accounting and consulting services to the automotive industry Attorney Scheer’s article outlines the Services Provided pitfalls involved in unpaid internships and In addition to traditional audit, review, compilation and tax services, the potential for FLSA penalties. we can help you with: Internships are an excellent opportu- nity for students and businesses, but the Operational audits Due diligence purchase systems x  x penalties and liabilities are significant xEmployee benefits consulting review if these opportunities are not properly xEstate and succession planning xLIFO calculations & compliance established, monitored and supervised. xManagement evaluations xInternal controls review Please contact the NHDOL, Inspection xBusiness valuation xBudgeting and forecasting Department, if you have specific ques- x Business consulting tions about internships or Peter Sheffer at NHADA by contacting Pete at Automotive Dealership Group 800-852-3372 or by email at psheffer@ nhada.com. Ernest R. Tyler, CPA Kenneth P. Goodrow, CPA James N. Godfrey, CPA Virginia L. McGrody, CPA

AIADA – continued from page 6 dealers on how they can make their mark on Washington, beginning by building relationships with their congressional  members. Registration is limited, so make  plans today to attend. For more informa-  19 Morgan Drive (Phone) 603-653-0044 tion, visit AIADA.org/events. Lebanon, NH 03766 www.tss-cpa.com (Fax) 603-653-0209 I hope you’ll join me in making 2013 a watershed year for dealer engagement. 

January 2013 page 19 Dateline:D ate NH a publication of the New Hampshire Automobile Dealers Association

his January NHADA will once again host its annual town 2013 NHADA meeting for our independent sales and service members. T Independent Member Town Meeting Agenda The meeting is planned for Monday, Jan. 14, 2013 from 3:00-5:00 pm. at the Daniel B. McLeod Center in Bow; light Priority Discussion: Floor Plan Financing refreshments will be served. and Indirect Lending Opportunities NHADA Chair Donna Gaudet Hosmer of AutoServ Dealer -NHADA Survey Group, NHADA Treasurer Holly Carlson of Carlsons Motor -NHADA Resources Sales, and Directors Mike Cooney of Concord Motorsport, and After Market Warranty Companies Bill Gurney of Gurneys Automotive Repair, have all invited you to attend and will be present to discuss with you issues of Understanding Garage Keepers Policies importance to your business and industry. Healthcare: A Timeline A NH Department of Safety representative from Troop G will NHADA Educational Opportunities be our guest speaker near the end of the meeting to talk about -NADA U issues relevant to independent members. -Dealer Track We will provide to you the most current news on: Wholesale and Bonded Dealer: Impact on the • the state Legislature and its budget work; Industry • floor plan financing; DMV Title Bureau • indirect lending opportunities; Troop G, Department of Safety • after-market warranty companies; -Troop G Civilian Employees • garage keepers policies; (AEI’s: Automotive Equipment Inspectors) • a timeline on recent health care changes; -Trooper Realignments • new details about the Division of Motor Vehicles title bureau; • information about our valuable NHADA-endorsed programs; -Dealership Audits: Process and much more. (Teach, Mentor, Coach) and Schedule -Curbstoning Dealers: What can be done? You might also be the lucky winner of a $50 cash card; but -Inspection Technician Certification Programs you’ll have to be present to win. Please let us know if there are -NHOST Unit Inspection Sticker Printing any topics you would like us to add to the agenda. The tentative Wrap-up meeting agenda is provided at the right. We hope you will attend what is always an educational and -Action Items informative meeting. Please RSVP to Kathy Mercer by email -Independent Member and NHADA Relationship at [email protected] or call 800-852-3372 if you plan on Importance attending or if you have any questions.

page 20 January 2013 Dateline:D ate NH a publication of the New Hampshire Automobile Dealers Association

our NHADA is reaching out to you, our franchised as- be given at each of our town meetings, but you’ll have to be Ysociation members, in January, seeking input on matters there to win. A light breakfast or lunch will be served. Please let important to the association. We will hold our traditional us know if there are any topics you would like us to add to the town meetings to hear from you and update you on matters in agenda. The tentative meeting agenda is provided below. Concord. In order for us to reserve the appropriate space, we ask that These NHADA town meetings are open to NHADA fran- you let us know if, and where you plan to attend. Only limited chised dealers, owners, key managers, and association partners seating is available. Register for a town meeting by filling out the only. pdf at http://bit.ly/WtlKoH and returning it, attention to Kathy We will provide to you the most current news on the state Mercer, 225-4895. Kathy also can be reached at 800-852-3372. Legislature and its budget work; ADPAC and DEAC, our The meeting schedule is included on the form. political action committees; our valuable NHADA-endorsed We look forward to seeing you in January! programs; and much more. If you have any questions, please don’t hesitate to contact Peter McNamara, president, at 800-852-3372 or send him an email You might also be the lucky winner of a $50 cash card; one will at [email protected].

DATE TOWN TIME PLACE Monday, January 14 Portsmouth 8:30-10:30 Great Bay Community College Concord 12:30-2:30 NHADA Headquarters in Bow Friday, January 18 Nashua 8:30-10:30 Nashua Community College Keene 12:30-2:30 Marriott Courtyard Friday, January 25 Littleton 9:00-11:00 Oasis Restaurant & Brewery

Tentative January Town Meeting Agenda • Introduction • Endorsed Programs - F&I Resources • Changes in Concord and Washington D.C. - ADPAC/DEAC Batting Average - Legislative Contacts – “Who Knows Who?” • Legislative Update - Dealer Bill of Rights - Inspections - Other bills of concern - Budget Matters - Motorcycle/OHRV - EVR Update • Q&A – “What Can We Do For You?” • Closing Remarks

January 2013 page 21 Dateline:D ate NH a publication of the New Hampshire Automobile Dealers Association

One Community Helping Another Jean Conlon, NHAEF Programs Administrator The NHAEF board of directors made a commitment to raise Manchester Community College (MCC) put the word out the $5,000 from NHADA members to pay for one of the lifts. that they needed funds to pay for automotive lifts for their Larry Foss of Foss Motors and Peggy Proko of Peters of Nashua new education facility. They asked the New Hampshire spearheaded the project. Automotive Education Foundation (NHAEF) for assistance Between our shout-out and MCC’s, the following NHADA in raising $5,000. members have contributed $18,250! Allen Mello Chrysler Jeep Dodge Grappone Automotive Group Peters of Nashua AutoServ Dealerships Hillsboro CDJR, LLC Port City Chrysler Dodge Bonneville & Son, Inc. Hillsboro Ford Inc. Precision Imports Contemporary Chrylser Dodge Jeep Hurlbert Toyota Seacoast Volkswagen, Inc. Crest Auto World Ira Lexus of Manchester Team Kia Crosstown Chrysler Dodge Jeep Dick Poulin Chrysler Jeep Ira Toyota of Manchester Team Nissan Dover Auto World Keene Chrysler, Inc. Toyota of Portsmouth Foss Motors Inc. Lambert Auto Sales, Inc. Tri-City Dodge Granite Ford Littleton Chevrolet Tulley Automotive Group

Matt Foster Joins NHADA as a Loss Prevention Representative Matt Foster gradu- Keene State College he was named as Recipient for 2012. Matt will be providing ated from Keene the 2012 Student Employee of the Year as environmental health and safety consulta- State College in May well as being the Northeast Association of tion to NHADA WCT members throughout 2012 with a bache- Student Employment Administrators Award the New Hampshire. lors degree in Safety & Occupational Safety/OBD II Inspections Statistics Health Applied Sciences and a Safety minor in Criminal Inspection Justice Studies. He graduated Keene State Results Nov ’12 % of Total YTD ’12 % of Total College Cum Laude and was a member Total * 114,572 100.00% 1,353,449 100.00% of Rho Sigma Kappa national Safety and Passed 90,718 79.20% 1,064,555 78.70% Occupational Health honor society. At Corrected 13,471 11.80% 162,674 12.00% Rejected 6,313 5.50% 76,971 5.70% 2012 Unemployment Rates Untested 4,070 3.60% 49,249 3.60% by Area OBD II Inspection Aug Sep Oct Results (1996 and newer) United States 8.2% 7.6% 7.5% New England 7.3% 7.0% 6.9% Total 101,745 100.00% 1,179,691 100.00% Connecticut 9.2% 8.2% 8.6% Passed 88,205 86.70% 1,017,738 86.30% Maine 6.7% 6.7% 6.7% Massachusetts 6.4% 6.4% 6.2% Rejected 9,367 9.20% 111,424 9.40% New Hampshire 5.7% 5.2% 5.2% Untested 4,173 4.10% 50,529 4.30% Rhode Island 10.6% 9.8% 9.9% * Total numbers include OBD II Inspections Vermont 5.0% 4.9% 4.6% Statistics provided by Gordon-Darby

page 22 January 2013 Dateline:D ate NH a publication of the New Hampshire Automobile Dealers Association

Detailers – continued from page 4 • Do they advertise for off-the-street • Will the recon company protect • Do the same detailing contractor customers? confidential information? employees work at your dealership • Is the detailing service included in the • Have you limited the assignment of nearly every day or are the employees dealerships’ advertising or marketing the recon contract? constantly rotated around? materials; if so, is the recon clearly • Is there a clear termination clause? • If the detailer is at the dealership, does identified as an independent operation it rent space from the dealer at fair in the advertising? Use the USDOL as a resource. If you have market rates? • Does the recon company provide its questions, please do call the NHADA, your • Does the recon company do work at own tools and supplies? attorneys (see the two partners above), or other dealerships (not afflilated with • Does the detailer use any dealership even, the USDOL itself. The call to the your operations) or have other business supplies or tools (i.e. special wax, USDOL is anonymous. The local office operations? vacuum, hoses, brushes, soap, etc.)? can be reached at 666-7716. The USDOL • Does the recon company only do work Dealers also need to answer these questions has assured me that a call from a dealer for your dealership? (A “no” is something you should correct.): triggers no investigation. • Does the detailer advertise its services • Does the recon company have their to the public or other dealerships? own P&C and WC insurances? The USDOL also recommends three fact • Is the recon company open more hours • Is the recon company incorporated or sheets for further information: than the dealership? fewer hours? an LLC? #13 – Employment Relationships under identical hours? • Is the recon company paying the the Fair Labor Standards, online at • Are the hours of operation dictated appropriate taxes (employer and http://1.usa.gov/UWgNSF; solely by the dealership? employee)? #44 – Visits to Employers, online at • Can the recon company ac- • Will the recon company indemnify the http://1.usa.gov/SjUgQP; and cept off-the-street customers? dealership? #76 – Car Wash and Auto Detailing If so, does the recon set the rates for • Does the recon company warranty the Establishments under the FLSA, outside servicing or does the dealership? recon work? http://1.usa.gov/SjUFmk.

Title Statistics Report Ending November 30, 2012 New Hampshire Department of Safety, Division of Motor Vehicles

1RY· 1RY· ·<7' ·<7' Titles Issued for New and Demo Vehicles: 8,477 6,933 98,910 88,973 Titles Issued for Used Vehicles: 18,550 15,671 200,701 197,082 TOTAL TITLES ISSUED: 27,027 22,604 299,611 286,055 Titles Issued with a Lien: 12,287 10,139 133,607 122,553 Titles Issued with no Lien: 14,740 12,465 137,449 163,502 Salvage Titles Issued: 932 815 9,443 9,478 Salvage Tags Issued: 135 162 1,998 2,123 Titles Issued for Heavy Trucks More than 15 Years Old: 29 32 358 337 Titles Issued for Heavy Trucks 15 Years Old or Less: 101 132 1,238 1,274 Titles Issued for Trailers: 651 542 8,866 8,317 Titles Issued for Motorcycles: 620 445 14,942 14,086 Titles Issued for Motor Homes: 57 48 650 605

January 2013 page 23 2013 NHADA Association Partners (as of December 20, 2012)

PLATINUM F & I Resources NHAD Services, Inc. - Insurance NHAD Services, Inc. - Products Division NHADA Workers’ Compensation Trust WMUR-TV/WMUR.com New Hampshire

GOLD Gordon-Darby NHOST Services, Inc.

SILVER Albin, Randall & Bennett American Fidelity Assurance Company Anthem Blue Cross and Blue Shield in New Hampshire AutoTrader.com Devine Millimet Enterprise Rent-A-Car Northeast Delta Dental Southern Auto Auction St. Mary’s Bank Tyler, Simms & St. Sauveur, CPAs, P.C.

BRONZE

Aftermarket Specialists Manheim New England American Financial & Automotive Services, Inc. MiCorp Dealer Services Amy Martineau – Motorists Commercial Mutual Mike’s Equipment Repair Auto Auction of New England Nancy Phillips Associates, Inc. Auto Use National Drug Test Services Bellwether Community Credit Union Rath, Young and Pignatelli, P.C. Carousal Industries Resources Management Group CompPartners (BOAC, MVOH, SOAC, St. Joseph’s B & H) Sanel Auto Parts Co. Cook, Little, Rosenblatt & Manson, p.l.l.c. STAPLES® Advantage DealerTrack Inc. G&K Services Strategic Benefits Advisors, Inc. Holmes Law Offices PLLC Tri State Fire Protection Jewett Automotive Design & Construction Warehouse Distributors of New England/BG Products JP Moran Chase Bank Wells Fargo Dealer Services Macdonald Page & Co LLC Windward Petroleum/ExxonMobil

To become a 2012 NHADA Partner, please call Jean Conlon at 800-852-3372.