NH`s Auto Show Is Almost Here!

Transcription

October 201
2013
13
Volume 36,
36 Issue #9
a publication
bl
off the
hee New
N Hampshire
H
h Automobile
A mobil
Autom
obbilile Dealers
Association
Thursday,
Oct. 17
NH Sportplex
6–9 p.m.
page 5
Oct. 18–20, 2013
NH’s Auto Show Is Almost Here!
SB 126 Becomes Law in NH,
But Not for All
A Perfect Day for the
NHAEF Benefit Golf Tournament
page 15
page 3
page 12
Dateline: NH
Date
a publication of the New Hampshire Automobile Dealers Association
PLATINUM
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2013-2014 NHADA OFFICERS
Empire D
E
Dealer
l S
Services
Chairman
Andy Crews
1st Vice Chair
Chris Weiss
2nd Vice Chair
Bill Gurney
Treasurer
Holly Carlson
Secretary
Peggy Proko
President
Peter J. McNamara
F&I/sales training, re-insurance, quality products, recruiting
Please contact John Kane
at john@empiredealerservices.com
or (508) 407-8720 for more information.
2013-2014 NHADA DIRECTORS
John Kane
Donna Gaudet Hosmer, Immediate Past Chairman
Marc Bourgeois, At-Large Franchised/Independent
Miles Cook, At-Large
Michael Cooney, Independent Used Car
Roger Groux, At-Large
Paul Holloway, Honorary
Scott Holloway, At-Large
Mike Kopp, At-Large Franchised/Independent
Jim Lagana, Heavy Duty Trucks
George Mullin, Motorcycles
Ken Plante, At-Large
NADA DIRECTOR
Dennis Gaudet
Ed Adamson
Welcome New Members
Dealermine Inc.
4100 N. Powerline Road, Suite F1
Pompano Beach, FL 33073
800-304-3341
Contact: Metrifa Williams
and Steve Rogers
Roger’s Autobody of Somersworth
371 Route 108
Somersworth, NH 03878
742-8869
Owner: Roger Therrien
***
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.
NHADA
ENDORSED
Published monthly except in July in Bow, New
Hampshire, by the New Hampshire Automobile Dealers
Association. Mailing address: P. O. Box 2337, Concord,
NH 03302-2337, 603-224-2369/
800-852-3372.
STAFF
Publisher
Andy Crews
Editorial Director
Peter J. McNamara
Managing Editor
Nathaniel Stout
Design and Layout
Advertising Coordinator
Lisa Lavoie
Photographer
Michael Rosenblum
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Inside this Issue
Benefits
Free Rider Penalty ...........................................................................................8
The U.S. Treasury Department and IRS Confirm Tax Treatment ....................9
Compliance
Are Your School-To-Work Programs Compliant?.............................................6
NADA
FTC Reaches Consent Agreements For Alleged Advertising Violations .........16
Education
Auto Tech Scholarships Awarded .....................................................................4
Careers in Automotive Technology ................................................................10
Feature
Some NHADA Members also are “Ambassadors” .........................................20
NH Auto Show
Preview the NH Auto Show & Contribute to Worthy Causes .........................5
NH’s Auto Show Is Almost Here! ..................................................................15
Legislation
SB 126 Becomes Law in NH, But Not for All .................................................3
2013 Dealers Election Action Committee Contributors ................................10
Loss Prevention
What Safety Concern Is Most Cited By NHADA Member Employees? ........21
Departments
2013 Unemployment Rates by Area; Title Statistics Report ..........................22
Ending August 31, 2013; NH Safety/OBD II Inspections Statistics
October 2013
Dateline: NH
Date
SB 126 Becomes Law in NH, But Not for All
O
n Monday September 23, 2013,
Senate Bill 126 (SB 126) became
effective, 90 days after Governor Hassan
signed the bill. Unfortunately, a court
opinion puts the law on hold for a select
group of equipment dealers.
Four equipment manufacturers filed
a lawsuit in an attempt to have SB
126 — the legislation that amended the
Dealer Bill of Rights — blocked only a
few days before it was set to become law.
On September 19, Hillsborough County
Superior Court Judge Philip Mangones
granted the equipment manufacturers’
request for a preliminary injunction.
This means that SB 126 will not immediately apply to the contracts for John
Deere, Case, New Holland and Massey
Ferguson dealers (affected dealers). For the
affected dealers, the existing RSA 347-A
October 2013
(Equipment Dealer Bill of Rights) still remains in effect. As for all other equipment
dealers (i.e. Kubota), car, truck, snowmobile, off-road and motorcycle dealers, SB
126 went into effect September 23, 2013.
Please keep in mind that this is a ruling
on a preliminary injunction. The next step
is to hold arguments as to whether the
injunction should be made permanent.
The decision for a permanent injunction
will not likely occur until January. In the
meanwhile, the judge that issued this ruling has transferred the case to Merrimack
County Court.
NHADA has been actively involved in
the lawsuit by seeking to intervene in the
case. As of Sept. 23, I did not see the court’s
response to the request to intervene.
The equipment manufacturers waited
until the last possible moment to file the
suit, which gave the State, NHADA, and
the court only a few days to respond. If
you remember, the manufacturers never
attempted to work out negotiated language with the legislature despite several
meetings with dealers and legislators.
The equipment manufacturers claim
that SB 126 violates a provision in both
the US and NH constitutions called the
contracts clause. In short they are claiming
that because SB 126 substantially impairs
the existing contracts with dealers, the law
should be put on a permanent hold.
Obviously, I disagree with the judge’s
ruling and still believe that the State will
prevail and the law will be applied to
affected dealers once a court is able to
fully examine the manufacturers’ arguments and the 30-plus hours of favorable
testimony.
page 3
Dateline: NH
Date
Auto Tech Scholarships Awarded
Jean Conlon, NHAEF Programs Administrator
F
or the past 15 years, NHADA has
provided close to $250,000 in scholarships to students studying automotive
technology within the Community
College System of NH.
This fall, eight scholarships worth
$11,000 were awarded by the NHADA’s
not-for-profit affiliate, the New Hampshire
Automotive Education Foundation
(NHAEF). The following students were
recipients:
Attending Lakes Region Community
College: Oliver Wheeler of Bedford and
Zachary Zabkar of Milton.
Attending Manchester Community
College: Luis Bonilla of Hudson, Brandon
Johnston of Hampstead, Andrew Prugger
of Exeter, David Romanus of Nashua,
and Daniel Winter of Windham.
page 4
Attending Nashua Community College:
Joseph Langlois of North Haverhill, NH.
This fall, eight scholarships
worth $11,000 were awarded....
Created in 1998, NHAEF has been
awarding scholarships to promising
New Hampshire high school students in
automotive technology schools throughout NH. The scholarships grew out of a
shared philosophy among NHADA members that better-educated, well-trained
professionals, could help forge stronger
partnerships between NHs motor vehicle
retail, manufacturing, and educational
institutions.
The scholarships are intended to attract the best students to careers in the
motor vehicle trades. NHADA members
also value the education received by
students attending NH’s community
colleges where they receive a well-rounded
education and typically graduate with an
associate’s degree.
NH students looking to further their
education in automotive technology,
collision repair, and mobile equipment
technology at one of the state’s community colleges are encouraged to apply
for financial aid through NHAEF at
www.nhada.com/Scholarships.
Students in these programs can also
earn while they learn, through an internship set up between their respective
technical school and a local automotiverelated business, in arrangements that
benefit everyone.
October 2013
Dateline: NH
Date
Preview the NH Auto Show & Contribute to Worthy Causes
The NH Sportsplex in Bedford is the place to be on Thursday, October 17, from 6 to
9 p.m. when the New Hampshire Automobile Dealers Association (NHAEF) hosts
VIP Charity Night Preview to introduce NH’s first Auto Show, which follows the next
day, from October 18 to 20, 2013, at the sportsplex.
Tickets are $75 each and are available online at www.nhada.com/CharityPreview
or may be purchased by contacting Jean Conlon at 800-852-3372.
All proceeds from the VIP Charity Night Preview benefit three NH charities:
• Court Appointed Special Advocates (CASA) of NH
Recruits, trains and supervises volunteers to serve as advocates for abused and
neglected children in the NH court system. CASA is central to fulfilling society’s most fundamental obligation by making sure
a qualified, compassionate adult will fight for and protect a child’s right to be safe, to be treated with dignity and respect, and
to learn and grow in the security of a loving family.
• New Hampshire Automotive Education Foundation
Provides scholarships, and works to strengthen the level of automotive technology education in NH by providing a link between
the dealer community and high school automotive programs.
• Veterans Count, a program of Easter Seals
Provides direct services and resources for NH veterans, service members and their families when no other resources are available,
including comprehensive, free, and confidential support to meet the unique needs of active service members and their families.
This prestigious event will feature a collection of exciting new model vehicles,
including alternative fuel vehicles. Guests are encouraged to sit in the cars, inspect
under the hoods, enjoy hors d’oeuvres and a beverage, visit with NH dealers and
members, colleagues, and dignitaries, and support three great NH charities. We have
also invited Governor Maggie Hassan, and other dignitaries to conduct the official
grand opening ribbon cutting.
This event is made possible through generous sponsorships, and our thanks go to
the companies listed below. There is still time to be a sponsor! Be a Prime Sponsor
for $10,000 (as of print deadline) or a raffle sponsor for $250.
$5,000 Level
Cross Insurance
Bellwether Community Credit Union
BRONZE
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Auto Auction of
New England
Licensed dealer wholesale
automotive auction
For more information, please
contact Dave Blake, General
Manager, at 603-437-5700.
$2,500 Level
Devine Millimet
Zurich
$1,000 Level
Albin, Randall & Bennett
Nancy Phillips Associates Inc.
Wells Fargo
Dave Blake
Additional Sponsors
$500 Zurich American Insurance Company
Tim Courtemanche,
Silver Image Photography
Signature Digital Imaging –
Hooksett, NH
$250 CUDL Vero
Easter Seals Transit Service
$500 G W Marketing Services
$500 Sanel Auto Parts
October 2013
page 5
Dateline: NH
Date
Are Your School-To-Work Programs Compliant?
By Ryan Hale, Environmental Health and Safety Consultant, and Peter Sheffer, Workers’ Compensation Trust Director
R
ecently, an NHADA member was visited and cited by the US Department
of Labor (DOL) for violating youth
employment laws: high school interns had
been allowed to perform hazardous tasks,
which are prohibited unless the school
handles them properly.
Employees under the age of 18 are
prohibited from performing tasks and
operating equipment deemed “hazardous” by the DOL; this includes using a
forklift, operating an automotive lift, and
driving customer/company cars on public
roadways.
These restrictions can be waived, with
the exception of driving a vehicle, as
long as the employer is engaged in NH’s
School-to-Work program established by
the NH Department of Labor (NHDOL).
A website on this matter can be found at
http://www.nh.gov/labor/inspection/
school-to-work.htm. It is critical that the
process outlined be carefully followed to
avoid penalties from the NHDOL or the
federal government.
First the school must to complete the
form “Approved For Non-Paid WorkBased Activities Under 279:22-aa:”
http://www.nh.gov/labor/documents/
non-paid-work-activities.pdf. This form
is used for the school to identify programs in which they want their students
to intern. The school will outline four to
six career objectives that the student will
gain from the program. It outlines the
general program for the internship and
numerous students may participate in
the program. The form for the program
only needs to be filed one time until or
unless the program changes. The form is
then submitted to the NHDOL for approval. If the program is approved by the
NHDOL, any intern within the program
will not be considered an employee of the
business who provides the internship.
Workers’ compensation responsibility
falls back on to the school. The goal
of the form and the NHDOL approval process is to differentiate between
the learning process and an employer/
employee relationship. The employer
should request a copy of the completed
form for their records.
The second step in the process involves
the business. This is the form “Application
for Pre-Screening of School to Work
Business Partner:” http://www.nh.gov/
labor/documents/pre-screening.pdf. This
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Southern Auto Auction
America’s Largest Independent Auction
20 lanes every Wednesday since 1947. For
information please contact Dennis Finkel at
860-250-3805 or Scott Rodgers at 860-305-4115,
or visit us online at www.saa.com.
Dennis Finkel
Scott Rodgers
form may be completed by a school or
a business, but it requires a partnership
between the two entities.
The “Application for Pre-Screening of
School to Work Business Partner” form
must then be submitted to the NHDOL
for their approval. The NHDOL will
evaluate the viability of the partnership
based on the business compliance with
regulated safety requirements, loss history,
and labor violations. The NHDOL wants
to ensure that the business will provide a
safe work environment and is interested
in developing a bona fide internship. If
the application is rejected, the notice
will include a reason for the rejection.
Businesses that have been previously approved are listed at the NHDOL website;
school-to-work-sites.pdf. The approval of
the partnership is valid for one year. The
employer is responsible for verifying that
their application is up-to-date.
Although not required, the NHDOL
encourages the partners to utilize the
“Memo of Understanding” form at
coop-agreement.pdf. It was created for
the vocational cooperative education
program, but is very useful also in outlining participants’ understanding of the
program. The parties may create their
own form or letter of understanding to
memorialize the agreement.
When all of the forms are completed
and approved by the NHDOL, the intern
may begin participating in the internship.
The business must keep copies of all
approved forms on file, and they must
be able to provide them if an NHDOL
inspector performs an inspection.
Employers considering paid internships
School-to-Work – continued on page 14
page 6
October 2013
Dateline: NH
Date
Don’t get
g lost in the maze of employee
p y benefits.
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Anthem Blue Cross Blue Shield of NH Medical
HMOs, PPOs, New England HMOs, and HSA plans
Wellness Programs
Northeast Delta Dental
four plan options
Anthem Specialty
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Vision Service Plan
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Free COBRA Administration
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American Fidelity Assurance Company
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Insurance, and Accident Insurance
ȱȱǰȱȱȱNHAD Services, Inc. – Insurance Division
ȱŞŖŖȬŞśŘȬřřŝŘȱȱȱȱ ȱ
www.nhada.com/insurance.
October 2013
page 7
Dateline: NH
Date
Free Rider Penalty: Tracking Hours for Variable-Hour
Employees Sooner Rather than Later
American Fidelity Benefits Blog
O
riginally effective January 1, 2014,
large employers that do not offer
health coverage to full-time employees
and their dependents, or offer coverage
that is “unaffordable” or “inadequate,”
and have at least one employee enroll
in Exchange coverage and qualify for a
federal premium tax credit or cost-sharing
reduction, must pay a Free Rider Penalty.
A full-time employee is an employee who
works 30 hours per week or 130 hours per
month. Recently, because of the delay in
certain reporting, the IRS stated that it
will not assess any Free Rider Penalties in
2014. Many employers mistakenly believe
that because of this delay, nothing needs
to be done in 2013.
In its proposed regulations, the IRS
recognized that there are certain employees whose schedules vary. For example,
they may work 35 hours during one week
and be considered full-time and 20 hours
during the following week. For variablehour employees who are not reasonably
expected to work a full-time schedule, the
employer may use an optional look-back
period (of between three and 12 calendar
months) to determine whether an employee averaged 30-plus hours of service
per week. If an employee was considered
full-time during this “measurement
period,” the employee must be treated as
a full-time employee for benefits purposes
for a subsequent “stability period” regardless of the employee’s number of hours
worked during the stability period, so long
as the individual remains an employee. If
the employee was considered part-time
during the measurement period, the
employee may be treated as part-time
for benefits purposes throughout the
stability period. The stability period must
be at least as long as the measurement
period, and not shorter than six months.
The “measurement period” and “stability
period” can be either months or payroll
periods. In addition, an employer is
allowed an administrative period of up
to 90 days to make the determination of
full-time status and communicate enrollment options to employees.
Many employers plan to use a
12-month measurement period. This
means that if the employer wants to take
advantage of the administrative period option, she would need to start tracking time
as early as this October. This will require
employers to start looking at how they
will comply with the Free Rider Penalty
provisions long before 2015.
Want to Know More?
American Fidelity Assurance is a silverlevel association partner. The company’s
goal is to be their customers’ primary
resource for managing challenges and
changes resulting from Health Care
Reform and rising health care costs.
Helpful tools and summaries are available
on our Health Care Reform website at
www.HCReducation.com.
American Fidelity Benefits Blog,
http://wp.me/p2XzSG-4L
page 8
October 2013
Dateline: NH
Date
7KH86'HSWRI7UHDVXU\DQG,56&RQÀUP
Tax Treatment of Legal Same Sex Spouses
T
he Department of the Treasury
and the Internal Revenue Service
(IRS) have officially ruled that same-sex
couples legally married in jurisdictions
that recognize their marriages will be
treated as married for federal tax purposes.
According to Revenue Ruling 2013-17
(and related FAQs), a person’s status as
a “spouse” will be determined based on
the law of the state in which a couple is
married, not the law of the state in which
a couple resides. The guidance is retroactive, with the following consequences for
employees and employers:
• Employees can file for refunds for
imputed income on the cost of employerprovided health coverage and/or contributions that would otherwise have been
pre-tax for open tax years (generally 2010,
2011 and 2012), and for all years for which
the period of limitations for filing a claim
for refund is open. (The guidance notes
that a taxpayer may generally file a claim
for refund for three years from the date the
return was filed or two years from the date
the tax was paid, whichever is later.)
• Employers can file for refunds of
social security and Medicare tax paid
on same-sex spouse benefits for open
tax years, and for all years for which the
period of limitations for filing a claim
for refund is open. Employers may make
adjustments for income tax withholding
that was over-withheld from an employee
in the current year provided the employer
has repaid or reimbursed the employee
for the over-withheld income tax before
the end of the calendar year. Employer
claims for income tax refunds for prior
tax years are not permitted. (The guidance notes that a special administrative
procedure for employer refund claims
October 2013
will be issued in the near future).
The guidance leaves many questions
unanswered, such as whether employers
are required to issue corrected W-2s and
whether employees may add same-sex
spouses before the next open enrollment.
Importantly, the guidance addresses marital status only for federal tax purposes — it
does not address the status of same-sex
marriages for state income tax purposes.
Resources:
• IRS press release, which includes
information on filing claims for
refunds: http://1.usa.gov/1bzThEt
• Answers to Frequently Asked
Questions for Individuals of the
Same Sex Who Are Married Under
State Law: http://1.usa.gov/1bzTiZj
• Answers to Frequently Asked
Questions for Registered Domestic
Partners and Individuals in Civil
Unions: http://1.usa.gov/1bzTCHm
• Revenue Ruling 2013-17:
http://1.usa.gov/1bzTGH7
Reprinted by permission from the
Strategic Benefit Advisors, bronze-level
association partners; 508-485-4000;
www.strategicba.com.
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Bond Auto Parts Inc.
Auto parts for resale
Please contact Mark Mast at 802-479-0571 or email him
at mmast@bondauto.com for more information.
NHADA
ENDORSED
page 9
Dateline: NH
Date
2013 Dealers Election Action Committee Contributors
DEAC, the Dealers Election Action Committee, is your federal political action committee that is administered
by NADA. DEAC was established in 1975 and is the only non-profit political action committee representing
franchised dealers of both imported and domestic new cars and trucks.
DEAC is NHADA’s source of funds to support pro-dealer and pro-business candidates for the U.S. Senate and
the U.S. Congress, and DEAC works to ensure that the voice of NADA is well represented on Capitol Hill.
Joseph Alosa Jr., Freightliner of New Hampshire
Edward Bonneville, Bonneville and Son Inc
Holly Carlson, Carlsons Motor Sales Inc.
Andrew G. Costello, Infiniti of Nashua
H. Andy Crews, AutoFair Automotive Group
David Cushman, Holloway Motor Cars/Holloway Fiat
Charles DiPrizio Jr., DiPrizio GMC Trucks Inc
Kevin Donovan, Granite Ford
William F. Fenton, Fenton Family Dealerships
Laurence D. Foss, Foss Motors Inc
Dennis J. Gaudet, AutoServ Dealerships
Paul J. Gaudet Sr., AutoServ Dealerships
Kurt Gerrish, Gerrish Honda
Frank Goodwin, Land Rover Bedford
Robert Grappone, Grappone Automotive Group
David L. Hammer, Contemporary Chrysler Dodge Jeep
Paul J. Holloway Jr., Holloway Automotive Group
Donna Hosmer, AutoServ Dealerships
Roy Hurlbert, Hurlbert Toyota Scion
Peter Irwin, Robert H. Irwin Motors
Scott Ives, Belknap Subaru
Marshall Jespersen, International Cars Ltd.
Michael Kopp, North Country Motor Sales
Mike Korpi, Keene Chrysler, Inc.
John Lambert, Lambert Auto Sales
Rich Lovering, Lovering Volvo (Nashua, Concord and
Meredith), Lovering Mitsubishi
Ronney Lyster, AutoSaver Group
Peter Mans, Subaru of Claremont
Victoria Marcinkevich, Team Nissan/Team Kia/
Team Nissan North
Robert E. Mariano, Bob Mariano Chrysler Jeep Dodge Inc
Sue McFarland, McFarland Ford Sales
Jim McGovern, Ford of Londonderry
Allen C. Mello, Allen Mello Chrysler Jeep Dodge
Douglas L. Miles, Seacoast Volkswagen Inc
Joseph Mitchell, Sunnyside Acura
Kenneth R. Plante, Tri-City Chrysler Dodge Jeep Ram/
Tri-City Subaru
John J. Platek, Betley Chevrolet
Richard Poulin, Poulin Chrysler Dodge Jeep Ram
Peggy A. Proko, Peters of Nashua
Dennis Roberts Jr., Hillsboro Ford/Hillsboro CDJR
Arrien Schiltkamp, Claremont Ford Lincoln/Suzuki
of Manchester
Brenda Tulley, Tulley Automotive Group
John E. Tulley, Tulley Automotive Group
Samuel Verge, Team Nissan/Team Kia/Team Nissan North
Joseph C. Walier, Walier Chevrolet
Christopher J. Weiss, Crest Auto World
Michael Wentworth, Wentworth Motor Co. Inc.
Careers in Automotive Technology
The New Hampshire Automotive Education Foundation
(NHAEF) is once again working with the Community College
System of New Hampshire (CCSNH) to promote automotive technology education at four college programs located at
Lakes Region Community College, Manchester Community
College, Nashua Community College, and White Mountains
Community College.
Among our promotional efforts will be the education and
career expo, to be held in conjunction with the NH Auto Show
at the NH Sportsplex in Bedford. Friday morning, October 19,
between 8 a.m. and noon, we expect as many as 1,000 students
page 10
who will get a first look at the 160-plus vehicles at the show. They
will also meet with college instructors and admissions personnel.
We hope you will take advantage of this terrific opportunity
to show these students — members of your potential work
force — that an automotive career is much more than just a job!
Please consider attending and/or sending your service
manager to talk to the kids about the vehicles and about the
numerous opportunities available to a graduate with a degree
in automotive technology.
Please contact Jean Conlon by email at jconlon@nhada.com or
call 800-852-3372 to let us know who will be attending.
October 2013
Dateline: NH
Date
October 2013
page 11
Dateline: NH
NHADA
Golf
G
olf T
Tournament
ournament
A Perfect
Perfect Day!
Day!
Photos by Nat Stout and Michael Rosenblum
Peter and MInnie Mans of Subaru of Claremont with Dave
Rousseau and Chris Durant of the New Hampshire Union Leader,
a Gold Partner
Cathy Devito and Bethann Durepo of
TD Auto Finance, a Bronze Partner
The Winners
Everyone who played was a winner! The weather could
not have been better on September 20. The Overlook
*ROI&RXUVHZDVEHDXWLIXODQGZHKDGDIXOO¿HOG
Each golfer received a pair of Footjoy golf shoes. They
also enjoyed the on-course barbecue and beer, the
on-course chair massages, the Wheel of Fortune,
birdie ball chipping contest, and a putting contest with
a chance to win $10,000. There was no winner this
year, though Jim Strong of Persian Acceptance made a
valiant effort to sink a 50’ putt!
The team from Enterprise, bottom left, had the best
score, with a 58. EasyCare had a 59.
Contest winners included: Jim Powers of Sunnyside
Acura, Minnie Mans of Subaru of Claremont, CJ
Fitzwater of Lynnway Auto Auction, and Mike Taffaro
of WMUR-TV.
1XPHURXVUDIÀHSUL]HVZHUHDZDUGHGLQFOXGLQJLWHPV
donated by Cars.com, Clean Harbors/Safety Kleen,
DealerMine, EasyCare New England, and Tire
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Also donating items to enhance the tournament were
Calendar Systems, Finishing Touches by Mark, and
Northeast Delta Dental.
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of it back to the education foundation.
This brings us to the most important winners — the
students who receive scholarships to continue automotive technology education, the high school programs
WKDWEHQH¿WIURPWKHH[SHUWLVHRI1+$()¶V$XWRPRtive Technology Consultant George Dykstra, and the
NHADA member employees who take advantage of
educational opportunities through the association.
Leftpage
center:
12Len Korpi, Mike Korpi, Bill Hackler, and Will Hackler, playing for Keene Chrysler Dodge Jeep
Left bottom: Darin Tribbett, Jeff Corriveau, Ryan Willey, and Rick Moore of Enterprise Rent-A-Car had the winning team
October 2013
Dateline: NH
Steve DeLuca, Michele Pierog, and Dave Blake of Auto Auction of New England,
an association Bronze Partner, and the tournament’s Prime Sponsor
Mike Thibideau of Ed Reilly Subaru, Mike Tessier of AutoServ
of Tilton, Derek LaChance of Silver Partner Cars.com, and Dave
Frasca of Irwin Automotive Group.
The Sponsors
First and foremost, thank you to the NHADA Partners,
whose support made this event possible! Please see
the complete list on page 23.
Prime Sponsor
Auto Auction of New England
Star Sponsor
New Hampshire Automobile Dealers Association
Chrysler CAP Scholarship Sponsor
Chrysler
Drinks Sponsor
Jewett Automotive Design & Construction
Ace Sponsors
AutoTrader.com
&RPS3DUWQHUV%2$&092+62$&
Gordon-Darby NHOST Services, Inc.
Lynnway Auto Auction
Zurich American Insurance Company
Double Eagle
&RPS3DUWQHUV%2$&092+62$&
G W Marketing Services
Gateway Safety
Eagle
Cars.com
:DUHKRXVH'LVWULEXWRUVRI1HZ(QJODQG%*3URGXFWV
EasyCare New England
Birdie
Clean Harbors Environmental Services
Enterprise Rent-A-Car
EnergyNorth Propane
October 2013
Right center: NHADA 1st Vice Chair Chris Weiss of Crest Auto World and NHAEF Director John Lambert of Lambert Auto helping
out13
at
page
the golf tournament
Left bottom: Bob LeBlanc of WMUR-TV, a Platinum Partner, with Joe Martin and Richard Kida of Unique Ford at the Awards Reception
Dateline: NH
Date
School-to-Work – continued from page 6
15% Savings
On These Items
All October 2013
Floor Mats, Steering Wheel Covers,
Parts Bags, Seat Covers
www.nhada.com/store
800-852-3372
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
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Largest office supply company in the U.S.
For more information, please contact Brian Morin at
603-223-2091 or at brian.morin@staples.com
Brian Morin
NHADA
ENDORSED
“We are excited to have this legal guide
for our business. In this day and age, it is
imperative to be informed and make sound
decisions based on facts, not hearsay. The
information within the guide relates to all
aspects of our operations and clearly spells
out rules and regulations that we must follow. Every dealership should have this at
their fingertips to utilize. Thanks NHADA!”
when approving or denying the “NonPaid Based Work Activities” form.
Employers considering unpaid internships for non-high school students should
review Attorney Anne Scheer’s article,
“Unpaid Interns and Volunteers In Your
Business — Is That Legal?” in the May
2012 issue of Dateline: NH; online visit
http://bit.ly/UEVdPs. Attorney Scheer’s
article outlines the pitfalls involved in
unpaid internships and the potential for
FLSA penalties.
Internships are an excellent opportunity for students and businesses, but the
penalties and liabilities are significant
if these opportunities are not properly
established, monitored and supervised.
Please contact the NHDOL, Inspection
Department at 603-271-3176. Contact
Ryan Hale at rhale@nhada.com or call
him at 800-852-3372 .
Do you want the
knowledge of
NH attorneys and
staff at your
fingertips?
Mike Phillips,
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The New Hampshire Auto
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page 14
October 2013
Dateline: NH
Date
NH’s Auto Show Is Almost Here!
N
ew Hampshire’s Auto Show is nearly
here! Brand new, the NH auto show
comes to the NH Sportsplex in Bedford
October 18 - 20, 2013. It will actually
open for private activities a day earlier
(see the Charity Preview Night article on
page 5).
The NH Auto Show will be produced
by Motor Trend Auto Shows, LLC, the nation’s largest auto show producer and part
of the Source Interlink Companies, Inc.
Attendees can expect to see a collection
of over 150 exciting new model vehicles,
alternative fuel vehicles and family-style
entertainment. The auto show will offer
something for everyone, from in-car technology and alternative fuels, to all that is
fun on four wheels. Guests are encouraged
to sit in the cars, inspect under hoods and
even take select models for test drives in
October 2013
a non-selling, no pressure environment.
“The interactive ride and drive experience is always a big hit at an auto show,” said
Lisa Gelb, vice president, sales and marketing for Motor Trend Auto Shows. “Test
driving vehicles in a relaxed environment is
an important part of the car buying process.
It helps attendees narrow down their final
purchase decisions, without having to drive
from dealership to dealership.”
The NH Sportsplex is within easy driving distance for the majority of the state’s
population and will offer free parking.
“In addition to all of the new vehicles
planned, families can look forward to
fun for all ages with special activities,”
said Stephen Berger, vice president, operations for Motor Trend Auto Shows.
“All attendees will receive the free gift
of a 12-month subscription to Motor
Trend Magazine, and a free Motor
Trend Auto Shows App is available for
visitors to use before, during and even
after their auto show visit.”
The NH Auto Show will be open to
the public from 12 to 9 p.m. on Friday,
from 10 a.m. to 9 p.m. on Saturday
and from 10 a.m. to 5 p.m. on Sunday.
For more information please visit www.
NHAutoShow.com.
page 15
Dateline: NH
Date
FTC Reaches Consent Agreements
For Alleged Advertising Violations
Dennis Gaudet, NADA Director
FTC Announces Advertising
Enforcement Actions Against Dealers
The Federal Trade Commission issued
a press release Sept. 3 stating that it has
entered into proposed consent orders with
a Cleveland dealership and a Baltimore
area dealership for alleged advertising
violations that appeared on their respective websites. In the former case, the FTC
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page 16
alleged that the dealer advertised that
particular Ford models are available at
a specific dealer discount when “in fact,
once consumers reach the dealership, they
find out that [the dealership] has failed
to disclose that the specific discounts are
available for some, but not all, of the Ford
models advertised.”
In the latter case, the FTC alleged
that the dealer advertised specific dealer
discounts and prices as being generally
available to consumers when “in fact, once
consumers reach the dealership, they find
out that there are significant restrictions on
obtaining the advertised discounts or that
the advertised discounts are not available
in full.” In particular, the FTC alleged:
“In numerous instances, the advertised
discount and price are subject to various
qualifications and restrictions … for
example, being a member of the military,
being a recent college graduate, possessing
a bank account at a particular bank, or
owning a vehicle that has a lien on it. In
numerous instances, even if consumers
meet all of these qualifications or restrictions, they cannot obtain the advertised
discount and price.”
The FTC alleged that these are deceptive practices, which violate Section 5 of
the FTC Act. In the proposed consent
orders, the dealerships (neither of which
admit or deny the alleged violations) agree
to several provisions such as avoiding certain advertising representations, retaining
their ads and promotional material for
five years, and filing compliance reports
with the FTC. The FTC’s press release,
which contains links to its complaints,
the proposed consent orders and the ads
that gave rise to these actions, is available
here: http://1.usa.gov/1bzUhsv.
DOT Relaxes Some
Hazmat Shipping Requirements
A new U.S. Department of Transportation
rule relaxes the hazardous material (hazmat) shipping requirements for air bags
and seat belt pretensioners. Dealership
parts and service departments and body
shops receive and/or ship a variety of
hazmat, including chemicals, batteries,
solvents, oils, and wastes in addition
to air bags and seat belt pretensioners.
Effective Aug. 29, 2013, the new federal
rule eliminates the need to obtain explosive (EX) numbers for use on shipping
papers accompanying air bag modules,
inflators and seat-belt pretensioners. It
does not, however, modify the mandate
that dealerships properly package and
mark these items prior to shipment. It also
does not modify the need for dealership
employees who receive, ship, or transport
hazardous materials to be trained every
three years on the DOT’s hazmat packaging, labeling, and shipping rules. NADA’s
A Dealer Guide to the Federal Hazmat
Transportation Regulations (publication
L37) is currently being revised to reflect
these and other recent changes. For more
information, contact NADA Regulatory
Affairs at 703-821-7040 or email them at
regulatoryaffairs@nada.org.
OSHA Withdraws Proposal
To Change Consultation Program
In deference to the objections of small
business groups, including NADA, OSHA
has withdrawn a proposal to modify
rules governing its time-honored On-Site
Consultation Program. The proposal
could have weakened the “wall” between
on-site consultations and OSHA enforceNADA – continued on page 18
October 2013
Dateline: NH
Date
Since 1977, the products division has given you competitive pricing
on an ever-growing inventory of goods and services.
With unmatched personal service, we have saved you thousands of dollars over the years.
In a market where every dollar counts, why not
Buy from Yourself?
Online purchasing of stock items is available at
www.nhada.com/store.
Call 800-852-3372 or email NHADServices@nhada.com
for custom orders and questions.
NHAD Services, Inc. – Products Division
October 2013
page 17
Dateline: NH
Date
NADA – continued from page 16
ment, thus acting as a disincentive for
dealerships to access the program. NADA
has long suggested that OSHA On-Site
Consultations are one way for dealerships
to review their federal or state OSHA
compliance and to enhance workplace
health and safety. For more information on this program, contact NADA
Regulatory Affairs at regulatoryaffairs@
nada.com or call 703-821-7040.
EPA/DOE Issue Voluntary
Used Car Fuel Economy Label
http://bit.ly/1bzUkEp
The U.S. Energy Department (DOE) and
the Environmental Protection Agency
(EPA) have released a fuel economy label
for optional, voluntary use by used-vehicle
sellers. Labels can be printed or downloaded from www.fueleconomy.gov for
light-duty vehicles dating to 1984. Dealers
or private sellers interested in using the
label to help with marketing are free to
put it on or in vehicles or to hand it to
prospective customers. To read the FAQs,
visit http://bit.ly/1bzUkEp
Legislation Puts Congress on Record
Against Raising Federal Truck Tax
In response to legislation introduced in
Congress by Reps. Reid Ribble (R-WI)
and Tim Walz (D-MN) regarding the
federal excise tax on heavy-duty trucks,
Dick Witcher, chairman of the American
Truck Dealers (ATD) and a Massachusetts’
International and Ford truck dealer,
issued the following statement: “The
existing 12 percent levy on heavy duty
trucks is already the highest excise tax
imposed by Congress on a percentage
basis. The FET adds thousands of dollars
to a commercial truck that already costs
well over $100,000. With a highway bill
and comprehensive tax reform on the
page 18
agenda in Washington, H. Con. Res. 52
sends a clear message to Congress that
hiking the FET on commercial trucks
should not be on the table. Since all
the heavy-duty trucks sold in the U.S.
in 2012 were manufactured in North
America, increasing the FET would hurt
the 3.65 million Americans employed in
the selling, servicing, manufacturing and
operating of these vehicles. ATD applauds
the leadership of Reps Ribble and Walz to
fight against increasing this tax.”
Allen Phibbs to Lead
NADA-ATD Academy
The National Automobile Dealers
Association has named Allen Phibbs as
director of the NADA/American Truck
Dealers Academy. Phibbs, formerly with
KEA Advisors, a dealership management
advisory firm, brings more than 15 years
of auto industry experience to the NADA/
ATD Academy leadership post. Phibbs,
formerly with KEA Advisors, a dealership
management advisory firm, brings more
than 15 years of auto industry experience
to the NADA/ATD Academy leadership
post. Phibbs and Keith Ely, KEA managing partner, have been guest instructors
for the ATD Academy since 1996. A
2004 graduate of the ATD Academy while
working as the general manager at Truck
Enterprises in Richmond, VA, Phibbs has
worked with dealerships, manufacturers
and associations to help them drive
growth and performance. “Not only is
Allen among the most well-respected
dealership management advisors in
our industry, he also carries a wealth of
knowledge about the Academy and its
mission,” said John Lyboldt, NADA vice
president of dealership operations.
Used-Vehicle Prices Remain
Steady through August
The same factors causing a surge in newvehicle sales — pent-up demand, low
interest rates and heated competition
among lenders eager to grow their loan
portfolios — are having a similar effect
in the used-vehicle market, according to
the NADA Used Car Guide. “Consumer
demand for used cars and light trucks
has kept growing this year, which has
continued to fuel strong prices for used
vehicles,” says Jonathan Banks, executive
automotive analyst for the NADA Used
Car Guide, in the September edition of
Guidelines, a monthly report on new- and
used-vehicle sales trends and used-vehicle
price movement. Used-vehicle prices
have remained at a historically high level
through the first eight months of the year.
Vehicles up to eight years in age carried
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ȴȽɀΎƜƝƙƛ˴Ύ˛ȼȷɁȶȷȼȵΎɂȶȷɀȲΎȽɄȳɀȯȺȺΎȷȼΎɂȶȳΎ
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October 2013
Dateline: NH
Date
NADA – continued from previous page
a mix- and seasonally-adjusted average
price of $15,113, a figure up slightly
higher than 2012’s average and $463
higher than 2011’s average.
Video: Audi Training Venture with
NADA Improves Showroom Experience
http://bit.ly/1bzUADp
Audi of America wants to improve the
customer experience in dealer showrooms across the country, says Reinhard
Fischer, director of strategy. To achieve
this goal, Audi last year subscribed to
NADA University’s online premium
training package on behalf of its network
of 279 dealerships. Elevating the quality
and level” of corporate and dealership
employees are priorities for Audi, which
extended the training partnership with
NADA last month. “Giving our field
people access to the wonderful classes
from NADA University but also our
complete dealer body … has created a
lot of excitement and it’s working,” said
Fischer on AutoFocus with David Hyatt,
an NADA-TV interview program. “And
that’s why we’re continuing to invest in
this partnership.” Visit the online video,
AutoFocus, at: http://bit.ly/1bzUHih
Android devices on Google Play.
“We’re excited to build on our success
with NADA MarketValues for iPhone and
iPad by expanding the app to Android users,” said Mike Stanton, vice president and
chief operating officer of the NADA Used
Car Guide. The app, which was launched
earlier this year, provides subscribers with
unlimited lookups by VIN scan or by
make and model. A continuous Internet
connection is not required.
NADA MarketValues App Now
Available in Google Play
http://bit.ly/1bzUImr
NADA MarketValues, a mobile app
designed for dealers to make informed
pricing decisions on used cars and light
trucks at auction, is now available for
New Orleans to Host 2014
NADA Convention & Expo
http://bit.ly/1bzUMCS
The city of New Orleans, which has
recently invested billions of dollars in
major restoration projects, is hosting the
NADA – continued on page 20
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page 19
Dateline: NH
Date
Some NHADA Members also are
“Ambassadors” Supporting Their Communities
NHADA members are giving back to their communities
each year as participants in the National Automobile
Dealers Charitable Foundation’s Ambassador Program.
Founded by franchised new-car and -truck dealers
in 1975, the foundation gives contributions to worthy
community services throughout the country. In New
Hampshire alone, the program has sent $50,500 to various
Ambassadors’ communities.
Among those who belong in the program are Jack Tulley
(pictured in the middle at right). Other Ambassadors include:
David B. Cushman, since 2001; Anna Grace Holloway,
since 2008; Paul J. Holloway, since 1999; Paul Scott
Holloway, since 2005; the late Daniel B. McLeod, since Major David & Norma Moore of the Nashua Salvation Army received a check
2010; the NHADA, since 2001; Brenda L. Tulley, begin- several weeks ago from Jack Tulley’s NADCF Ambassadorial Foundation
membership. Jack, his wife, Brenda, and Jack’s late mother, Ruth, have been
ning in 2015; the late Ruth C. Tulley, since 2006; Jack designated Ambassadors of Distinction for three or more significant contributions to
Tulley, since 2010; Kristine Yanofsky, since 2010; and the program.
Joseph R. Yergeau, since 2001.
Additionally several NHADA members have pledged and are expected to participate presently. The Foundation’s Ambassadors
Program gives dealers, companies, associations or individuals the opportunity to make truly meaningful contributions to the
establishments that have provided the means for their success: their communities, their nation, and their industry.
Download a brochure about the Ambassadors’ community service program at http://bit.ly/18lL0ko.
NADA – continued from page 19
97th annual NADA Convention & Expo
next January. It will be the tenth time the
convention has been held in the Big Easy
since 1973. “New Orleans looks better
than it ever has,” said Desmond Roberts,
chairman of NADA’s convention committee. “The city has been through a lot, but
it too has rebounded and thrived just like
the auto industry. It’s fitting to be in a city
as tough and determined as our industry.”
The convention center was renovated this
year. There’s been a 55 percent increase
in the number of restaurants over the
past seven years, nearly $800 million in
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SALEM
For more information, please contact
Dianne Annon at 603-848-0177 or
dpannon@comcast.net
Dianne Annon
hotel upgrades and $77 million in street
improvements, including a new streetcar
line connecting the Sports District to
the Central Business District and French
Quarter. “The city has a festive atmosphere
you can’t find anywhere else — from
the amazing Creole cuisine and culture
to the historic sites and music,” added
Roberts, a Chevrolet dealer in Hodgkins,
Ill. “The most popular hotels will fill up
quickly, so we’re encouraging attendees
to register early.” The NADA convention
runs from Friday, Jan. 24 to Monday, Jan.
27. Considered the “Automotive Industry
Event of the Year,” the convention includes
dealer-manufacturer franchise meetings,
educational workshops, hundreds of
exhibits on the expo floor and networking
events. Online registration and housing
is now open. For more information or to
register, visit www.nadaconvention.org.
October 2013
Dateline: NH
Date
What Safety Concern Is Most Cited
By NHADA Member Employees?
Brian Duplessis, Loss Prevention Coordinator
T
he NHADA Workers’ Compensation
Trust (WCT) Loss Prevention staff
work with over one hundred WCT
members to help facilitate their safety
committee meetings. This assistance
is available to any WCT member who
requests it.
An important part of these meetings
is the roundtable, when employees share
their safety concerns to be discussed and
included in the minutes. So what do you
think is the most frequently cited safety
concern brought by employees?
If you guessed unsafe speed and other
traffic concerns in the parking lot, you’re
right! Parking lot safety is a major issue
for many NHADA members. Some of
the common parking lot hazards include:
• Excessive speed by employees and
customers,
• Blind corners and intersections,
• Doorways that open into traffic, and
• Parking lots used as a short cut/cut
through.
public from using a lot as short cut,
and
• Configure vehicle inventory to lower
parking lot speed by creating more
turns and fewer long straightaways.
Although every situation is unique, parking lot hazards are widespread among
WCT members. We strongly encourage
you to use Loss Prevention staff for assistance with the safety committee and
that you have the safety committee work
on ways to make your lot(s) safer!
We are always available for questions
and to arrange assistance: contact Brian
Duplessis, loss prevention coordinator at
bduplessis@nhada.com or call Brian at
800-852-3372.
We offer more than products.
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products; you offer solutions – solutions that allow people to
embrace all today has to offer by protecting their tomorrow.
Protective provides F&I solutions that simplify the selling
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training and reliable customer care and claims service. We
are committed to your profitability by serving the increasing
number of car buyers that are unprotected from the costs of
future mechanical expenses.
Accidents in the lot can result in serious
injuries and costly property damage. The
safety committee is an excellent forum
to investigate traffic concerns and make
recommendations to minimize hazards.
Some of the more common measures
include:
• Posting signage for speed, to identify
hazards and traffic flow patterns,
• Enforcement of speed limits by
managers,
• Installing speed bumps to control
speed,
• Use of mirrors for blind corners,
• Notify local police to discourage the
October 2013
Like you, we believe in doing the right thing for the customer.
Help your customers protect tomorrow and embrace today
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Company in all states except NY, where it is backed by Protective Life and Annuity Insurance Company.
page 21
n
Dateline: NH
Date
Safety/OBD II Inspections Statistics
Safety
Inspection
Results
Aug ’13
Percent of
Total
YTD ’13
percent
of Total
Total *
134,251
100.00%
1,044,013
100.00%
Passed
106,688
79.50%
829,897
79.50%
Corrected
15,273
11.40%
119,564
11.50%
Rejected
7,480
5.60%
56,597
5.40%
Untested
4,810
3.60%
37,955
3.60%
Total
118,624
100.00%
906,578
100.00%
OBD II Inspection
Results
(1996 and newer)
2013 Unemployment Rates
by Area
May
Jun
Jul
Passed
102,793
86.70%
784,701
86.60%
United States
7.3%
7.8%
7.7%
Rejected
10,754
9.10%
84,439
9.30%
New England
7.0%
7.3%
7.2%
Connecticut
8.1%
8.1%
8.3%
Untested
5,077
4.30%
37,438
4.10%
Maine
6.8%
6.8%
6.6%
Massachusetts
6.7%
7.4%
7.2%
New Hampshire
5.1%
5.1%
5.1%
Rhode Island
9.2%
8.5%
9.2%
Vermont
4.2%
4.8%
4.4%
* Total numbers include OBD II Inspections
Statistics provided by Gordon-Darby
NHADA Mission Statement: Since 1921, fostering a spirit of cooperation by promoting
standards through education and advocacy, providing valuable services, and protecting and
advancing the motor vehicle industry as an integral part of New Hampshire’s economy.
Title Statistics Report Ending August 31, 2013
New Hampshire Department of Safety, Division of Motor Vehicles
Aug ’13
Aug ’12
’13 YTD
’12 YTD
Titles Issued for New and Demo Vehicles:
12,188
10,036
75,566
73,253
Titles Issued for Used Vehicles:
22,887
20,951
145,961
147,599
TOTAL TITLES ISSUED:
35,075
30,987
221,527
220,852
Titles Issued with a Lien:
16,159
13,590
103,100
98,040
Titles Issued with no Lien:
1,896
17,397
118,427
122,812
Salvage Titles Issued:
681
885
7,321
7,103
Salvage Tags Issued:
151
183
1,415
1,570
Titles Issued for Heavy Trucks More than 15 Years Old:
Titles Issued for Heavy Trucks 15 Years Old or Less:
37
29
260
266
107
89
1,022
949
Titles Issued for Trailers:
1,336
1078
6,581
6649
Titles Issued for Motorcycles:
1,889
1772
10,916
12393
92
85
478
460
Titles Issued for Motor Homes:
page 22
October 2013
Thank You 2013 NHADA Partners!
These partners have answered the call and supported NHADA programs and events.
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DIAMOND
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To become a 2013 NHADA Partner, please call Jean Conlon at 800-852-3372. Compiled September 23, 2013.
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