dateline: nh

a publication of the New Hampshire Automobile Dealers Association

April, 2006 Dateline: NH

Inside this Issue

www.nhada.com

There are two things in life youcan count on – death andtaxes. Let me include a third –

“Legislative Sessions.”

The Legislature used to meet onceevery two years; but under the guiseof better fiscal management, thepeople spoke and passed aConstitutional Amendment in 1984calling for annual Sessions.

Every January, they come togetherand start with the process ofdetermining the fate of 1200-1500new bills (are there really that manythings wrong in New Hampshire?);and in the even year of the Session,there will be another couple ofhundred retained bills with which tobe dealt.

Although not in Session, the fall hasbecome a very busy time withcommittee meetings on retained andstatutory study bills. In effect, ourcitizen New Hampshire Legislaturehas become a full-time job that stillpays $100 per year! In my opinion,the legislative responsibilities andpersonal and political pressures onour 424 volunteer legislators haveincreased tremendously since annualSessions started 20 years ago. Anotherby-product of annual Sessions – agrowing cottage industry in Concordthat generates well over $1 million,with over 600 registered clients andtheir lobbyists, to promote the bestinterests of their clients.

We Are Halfway Through the SessionDaniel B. McLeod

To no one’s surprise, critical issues justseem to keep coming back Sessionafter Session. A certain issue will betaxes. The New HampshireLegislature has consistently votedagainst broad-based sales or incometaxes. We have a tax structure, whichis multi-faceted, but primarily relieson both the Business Profits and theBusiness Enterprise Taxes. Iabsolutely hate the fact that theBusiness Enterprise Tax, in part, taxesdebt! It is my opinion that a broad-based tax remains completely out ofthe picture.

I am sure you are all aware that, onceagain, the education-funding formulapassed by the Legislature last year hasbeen ruled unconstitutional. TheState will appeal the case, and theSupreme Court will again deal witheducation funding and will, in alllikelihood, come to the sameconclusion. As I write this article, it isquestionable whether the Senate andthe House will adopt a ConstitutionalAmendment that would remove thecourt’s authority. Considering thepolitical landscape on this issue, aConstitutional Amendment will notpass. In simple math, the House andSenate must approve the measure bya three-fifths vote, and the peoplehave to pass it by a two-thirds vote.Our Legislature will be grapplingwith this issue for many years tocome.

Meet Your PartnersMeet Your PartnersMeet Your PartnersMeet Your PartnersMeet Your Partners(See pages 6, 10, 13, 16, and 19)

Session - Continued on page 4

All-Time High Membershippages 2 and 3

Upcoming Seminarspage 4

New on www.nhada.compages 4 and 13

Employment and Labor Law“Check List” – The First Day

page 6

Strategic Hiring Guidelinespage 8

Healthy Hintspages 12 and 13

Environmental Cornerpage 14

Annual Meeting – May 15page 16

Safety/OBD II Statisticspage 18

Interest Rates Affect Profitspage 18

From Your NADA Directorpage 20

Insurance Benefits Renewal Endspage 22

DMV Visits NHADA/Title Tippage 23

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

page 2 April, 2006

ChairmanRich Lovering

Vice ChairwomanSusan McFarland Moynahan

TreasurerPeggy Proko

SecretaryDan PriorPresident

Daniel B. McLeod

Endorsed byNHADA

New Members

STAFFPublisher Rich LoveringEditorial Director Daniel B. McLeodManaging Editor/ Louanne Theriault Design and LayoutTypographers Louanne Theriault,

Donna Sopper, Lisa LavoieAdvertising Coordinator Lisa LavoiePhotographer Michael Rosenblum

This publication is designed to provide accurateand authoritative information in regard to thesubject matters covered. In publishing thisnewsletter, neither the authors nor the publisher areengaged in rendering legal, accounting, or otherprofessional services. If legal advice or other expertassistance is required, the services of a competentprofessional should be sought.

Advertisements appearing inDateline: NH do not indicatea specific endorsement by NHADAof the products or services unlessthe NHADA endorsement symbolappears with the advertisement.

Published monthly at Bow, New Hampshire,by the New Hampshire Automobile DealersAssociation. Mailing address: P. O. Box 2337,Concord, NH 03302-2337, 603-224-2369/800-852-3372.

NADA DIRECTORJack Tulley, Nashua

ADVERTISING RATESFull Page $4501/2 Page $2751/3 Page $2001/6 Page $150

www.nhada.com

2005-2006 NHADA DIRECTORS/DISTRICTSJay Alosa, Heavy-Duty Trucks

Frank Brady, Seacoast

Andy Costello, Nashua

Kevin Donovan, StraffordChuck Dupler, Monadnock

Donna Hosmer, Connecticut RiverDoug Grant, Manchester/93 Corridor

Mark Hesler, MotorcyclesPaul Holloway, Honorary

Kevin Kopp, North CountryRich Lovering, Concord

David McGreevy, Lakes RegionSusan McFarland Moynahan, Exeter

Larry Phillips, Non-FranchisedPeggy Proko, Nashua

Jeff Platek, Manchester/93 Corridor

2005-2006 NHADA OFFICERS

Hannaford & Hamel Autobody, LLC1086 Candia Road

Manchester, NH 03109Owners: Leah & Andre Hannaford

Focus Automotive, Inc.dba The Saabshop

714 Route 3ABow, NH 03304

Owners: Walter and Michelle Cogan

KDF, Incorporateddba Subaru of Keene14 Production Avenue

Keene, NH 03431Owner: William F. Fenton

Southern New Hampshire RV L.L.C.335 Route 125

Brentwood, NH 03833Owners: Joseph Copello and Lee Metz

GTA Auto Service LLC19 Perry Road

Milford, NH 03055Owner: William Mahar

GPI NH-T, Inc.dba Ira Toyota of Manchester

33 Autocenter RoadManchester, NH 03103

Contact: David S. Rosenberg,President

FAB FOUR INC.dba Granite State Motor Sales626 Suncook Valley Highway

Pittsfield, NH 03263Owners: Steve and Linda Catalano

Dover Cadillac, LLC38 Dover Point Road

Dover, NH 03820Owners: James Boyle and

Kazem Yahyapour

Nashua Outdoor Power EquipmentRepair, Inc.

44 Broad StreetNashua, NH 03064

Owner: Frederick Hayden

Lodi Automotive LLCdba Miller Automobile Company

of Lebanon51 Evans Drive

Lebanon, NH 03766Owner: Joseph Cicotte

Aziz Motors, LLC20 Cottonwood RoadPlaistow, NH 03865

Owner: Edward G. Aziz, Jr.

John’s Corvette Service, Inc.1290 Union AvenueLaconia, NH 03246

Owners: John and Cheryl Barton

Front Line Ready, Inc.5 Skyline Drive

Sanbornton, NH 03269Owner: John Bernard

NHADA membership hasreached an all-time high,with 13 new members

this past month.

Be on the lookout for your2006-2007 membership

renewal, which is due May 1.Your membership is valued!

(See “Membership” article on opposite page)

April, 2006 page 3


With six weeks still to gobefore the beginning of thenew Association year,

May 1, NHADA has set a newmembership record with 614members! As a point of reference,this is up by approximately 100members since 2000.

The strength of NHADA in the past,and in the future, lies with itsmembers. As we increase ourmembership and more automotive-related businesses come on board andexperience the benefits of NHADAmembership, there are a multitude offactors that are significant. First andforemost, our grass roots areextended, and our political punch isstrengthened. While we cannot be allthings to all members and we cannotresolve all individual problems,collectively, we represent the bestinterests of the motor vehicle industryin New Hampshire.

Much of our membership growth inthe past year is a result of the manyoutstanding programs that we offerour members:

• Our Workers’ Compensationprogram continues to excel and strivesto help members reduce claims and,therefore, premiums, every year. Thenew “Strategic Hiring Guidelines”(see page 8) will once againdemonstrate the forward thinking ofthe NHADA WCT Trustees.

• Our NHAD Services - InsuranceDivision provides topnotchcompetitive health and dentalbenefits and has a first-class,professional customer service staff.

• Our NHAD Services - ProductsDivision is a major force in the formsindustry in New Hampshire. Make nomistake, while there may be “betteroffers” presented to our members by acompetitor, those “better offers” areshort-lived and, if anything, are thedirect result of NHAD Services beinga major force in the marketplace. Askyourself, would a single vendor begood or bad for our dealers? Youknow the answer, and I certainly hopeyou will support the NHAD Servicesin their competitive efforts!

• Our New Hampshire AutomotiveEducation Foundation (NHAEF)offers close to 40 seminars per yearfor our members. The seminars arereasonably priced, timely,informative, and are of great benefitto the profitability of our members.We also continue to work with oursecondary and post-secondary

automotive programs in the state andhave experienced tremendous successover the past five years.

I am extremely proud of NHADA andall of the good things we do for ourmembers. I am even more proud ofthe fact that I work for a group ofdedicated Directors and Trustees whoserve on the boards of NHADA,NHADA Workers’ CompensationTrust, NHAD Services, and NHAEF. Itis their strength and vision that haveset the standard for this topnotchAssociation.

I encourage all members of NHADAto take full advantage of theirmembership. When you takeadvantage of your membership, youare actually helping yourself andincreasing the strength of yourAssociation. This is all very good foryou, for your industry, and for thestate of New Hampshire.

Membership Does Make a DifferenceDaniel B. McLeod

The New Hampshire Automotive Education Foundation is proud to sponsorKIDS AND COMPANY Child Safety Training

by the National Center for Missing & Exploited ChildrenApril 4, 5, and 6 • Location: Northeast Delta Dental, Concord

For information, contact Jean Conlon at 800-852-3372.


page 4 April, 2006

At this point, flying under the radarof the media, the Legislaturecontinues to work on the future of theNew Hampshire OBD II testingprogram. The Senate passed SB 341,which extends the OBD II advisoryperiod for one year. The HouseTransportation Committee will reviewthis legislation and could possiblymake changes that would remove theadvisory period and institute waivers.

March 22 was the deadline set by theHouse and the Senate to complete allbills originating in each respectivebody. For the next couple of months,and probably into June, the Senatewill wrestle with well over 400 Housebills. The House will have a much-reduced schedule in dealing with theSenate bills. Watch the House andSenate battle over the surplus!

When the House and the Senate bangtheir gavels and finally end the 2006Legislative Session, the NewHampshire Secretary of State’s officewill be open for a filing period inwhich all candidates for State electiveoffices must file for office. The nextstep in the process is to raise moneyand gear up their campaigns for theSeptember primary; and, if winners,it’s on to the November GeneralElections.

Then, guess what happens. Just likedeath and taxes, the Legislature startsup again in January, 2007.

Session - Continued from page 1

NHAEF Center for Automotive Education and Training

Upcoming Seminars – REGISTER ON-LINE (www.nhada.com)

Seminar dates are subject to change. Please contactBrendan Perry or Jean Conlon at 800-852-3372 for additional information.

April 12 & 13 Dissecting the Financial Statement - George Grabowski, NADA (see “NADAat NHADA” article below)

April 18 Desking for ManagersApril 19 & 20 Professional Selling Skills (beginner/intermediate)April 25 Strategic Hiring Guidelines (see article on page 8)May 9 The Effective Service AdvisorMay 10 Advanced Service ManagementMay 11 Parts ManagementMay 12 The Effective Service AdvisorMay 18 Hazardous Materials Certification Training – Ground and Air ShippingJune 14 The Fundamentals of Workers’ Compensation – A-Z Guide to WC

Management and ComplianceJune 27* Employee Handbooks

*Date was changed from March 28.

NADA at NHADAA Great Opportunity in Your Own Backyard!

On April 12 and 13, George Grabowski, Management Instructor at the NADA Dealer Academy,will be presenting “Dissecting the Financial Statement” at NHADA headquarters in Bow.

This two-day seminar will include a detailed look at the accounts on the financial statementand how analysis can be done to determine strengths and weaknesses at the dealership.

Areas to be covered include:

• Frozen Capital in Receivables and Inventories• LIFO• Labor Accounting• Cash Gap• Days’ Supply of Inventories• Review of Gross Percentages on Parts, Service, and Body Shop Sale Accounts• Cash Management

This is a great opportunity to receive quality training without plane fares and other travelexpenses. Space is limited. Register on-line today at www.nhada.com.

If you have any questions, please contact Jean Conlon at 800-852-3372.

New on www.nhada.com – E-Mail A Friend!As you know, many different topics are covered each month in Dateline: NH that may be pertinent to not only you, the dealer principalor the owner, but also to certain personnel in your business. Dateline: NH is available on www.nhada.com to anyone; however, wehave added a new feature – E-mail A Friend! – that makes it quick and easy to forward articles of interest to individuals. Simplyclick on E-mail A Friend! (located in the upper right-hand corner of the article), and a box will appear on your screen. Enter yourname and e-mail address and the name and e-mail address of the person you would like to receive the article, add a short note ifyou wish, and click Submit. This is a great way to keep your employees informed on issues that impact them directly.

April, 2006 page 5


The NE Dodge Dealersare proud sponsors of the

New Hampshire AutomobileDealers Association.


page 6 April, 2006

HRH Northern New England

Formerly The Dunlap Corporation

1-800-464-1203 · www.hrh.com

As endorsed by NHADA, Hilb Rogal & Hobbs is pleased to offer:

Dealer Bonds Program

For more information about obtaining your dealer bond, please contact:

Colleen Rioux, CPIW Bond Department

~ Silver ~

Don Boyd

Northeast DeltaDental

Most members will recognize longtimesupporter Don Boyd, Division SalesManager at Northeast Delta Dental. AnNHADA-endorsed company (see ad onpage 3), Northeast Delta Dentaladministers dental benefits to over325,000 people in New Hampshire.Award-winning for its managementpractices, it is known regionally for itsGuarantee Of Service ExcellenceSM

program, guaranteeing seven service areaswith a group refund policy. Don may bereached at 223-1346 or [email protected].

In general, New Hampshire employersneed to remember that NewHampshire law mandates thatemployers provide to employees, inwriting, the employer’s practices andpolicies with regard to vacation pay,sick leave, and other fringe benefits.As such, a New Hampshire employermust provide its employees withwritten notice every time it changes apractice or policy with regard tovacation pay, sick leave, and otherfringe benefits.

Employment and LaborLaw “Check List”

The First Day – Employee Handbooks

Check List - Continued on page 9

What to Have Ready

The following article coverswhat anemployer must do, orshould have ready, when an

employee arrives for his or her firstday of work and gives a briefoverview of the sections that may beincluded in an employee handbookrelative to employee insurancebenefits.

Meet

Your Partners

April, 2006 page 7



page 8 April, 2006

Unfortunately, hiring mistakesnegatively impactprofitability. Turnover is

costly, and Workers’ Compensationhiring-mistake claims can cut into thebottom line of your business.

Thanks to your proactive NHADAWorkers’ Compensation Trust Boardof Trustees, all NHADA members willnow have an opportunity to reduceboth turnover costs and Workers’Compensation claims through theimplementation of the user-friendly“Strategic Hiring Guidelines”program.

There are several very importantconsiderations related to this program(see “Hiring Flow Chart” opposite).The various components of theprogram stand on their own, andmembers can determine which aspectsthey wish to incorporate. From theWorkers’ Compensation perspective,the implementation of drug tests andpost-offer and pre-placement physicalexaminations are cost-effectivemeasures that will help you hire themost qualified people. Drug testing isobvious. Pre-placement physicals willhelp you hire the right individuals forthe demands of their jobs and willidentify claims that rightfully belongin the Second Injury Fund and notcounted against your experience.

The “Strategic Hiring Guidelines”program has passed all legalstandards. If there are changes to thelaw, those members who decide toparticipate in the program will receivethe appropriate updates.

The “Strategic Hiring Guidelines” program is a new tool you can add toenhance the profitability of your business. A formal, consistent hiring processwill provide substantial and measurable benefits to you.

A seminar will be presented at NHADA headquarters on April 25. Below is asampling of contents in the program and what will be covered in the seminar:

• Hiring Guidelines (including sample forms, many of which arecustomizable, such as Application for Employment, Proof of Permission forthe Employment of a Youth, Conditional Offer of Employment andWithdrawal of Conditional Offer Letters, etc.)

• Interview Process (sample Interview Questions and Comment Sheet)• Fair Credit Reporting Act (including sample records disclosure and

authorization forms and ADP’s Employee Screening Services)• Pre-Placement Drug Test and Pre-Placement Physical and/or Capacity

Examinations (including step-by-step approaches and protocols and policiesfor each)

• Second Injury Fund information• Pre-Placement Providers• NHDOL and USDOL Frequently Asked Questions• Resources

Strategic HiringGuidelines

A Must for the Profitabilityof Your Business

Daniel B. McLeod

*** A first-come, first-served seminar – check you mail for registration materials ***

HIRING FLOW CHART

April, 2006 page 9


P 603-742-4878 ~ C 603-438-4878 ~ [email protected] Lakeview Drive, Dover NH 03820

• Holidays: This section shouldoutline how many holidays employeesare entitled to each year. Though it istypical to list the holidays that theemployer usually recognizes, it isadvisable to state that designatedholidays may vary from year to year;this provides flexibility to theemployer. It should also be statedwhether an employee (full-time,part-time, temporary) will or will notbe entitled to “paid” holidays.

• Vacation Time: This policy shouldspell out the following:

1. Who is entitled to vacation time(e.g., full-time, part-time,temporary);

2. How vacation time is accrued(e.g., one week after first anniversaryor one day per month);

3. Whether vacation time is paid orunpaid;

4. When an employee is/is notpermitted to take vacation time(e.g., no vacations during theThanksgiving weekend);

5. How an employee should requestvacation time (e.g., notify immediatesupervisor);

6. How long a vacation may be(e.g., no more than two weeks);

7. Whether vacation time may or maynot be carried over to the followingyear;

8. Whether there are any “caps” onthe amount of accrued vacation time(e.g., no more than four weeksaccrued); and

9. Whether there is a “use it or loseit” policy with regard to vacationtime.

Many times employers mistakenlyassume that an employee whoseparates from employment, whetherthe employee resigns, retires, or isterminated, is not entitled to his/heraccrued, unused vacation time. InNew Hampshire, vacation pay,severance pay, personal days, holidaypay, sick pay, and payment ofemployee expenses, when suchbenefits are a matter of employmentpractice or policy, or both, areconsidered “wages.” Because NewHampshire permits the employer to“develop” its “employment practiceor policy,” an employer may stipulatewhen an employee who separatesfrom the employer is or is not entitledto such pay. For instance, anemployer may have a policy thatprovides that only employees whogive two weeks’ notice of their intent

Check List - Continued from page 6 to leave, whether through resignationor retirement, are entitled to anyaccrued, unused vacation pay. Suchpolicy may also state that employeeswho are terminated are not entitled toany accrued, unused vacation policy.

There are no Federal or NewHampshire laws mandating thatemployers provide any type ofinsurance to their employees.Regardless, many employers offersome combination of health, dental,long-term/short-term disability, life,and accidental/dismembermentinsurances to their employees.(Workers’ Compensation andunemployment compensation are notdiscussed in this article.)

Insurance Benefits

Check List - Continued on page 10


page 10 April, 2006

As you know, insurance companiesprovide employers with detailed plandocuments that outline the terms andconditions of the insurance. Theemployee handbook should not be areiteration of these plan documents,but rather a very brief overview of thebenefits provided. An introductoryparagraph should include thefollowing points:

• A statement that the benefits andthe premiums are subject to change atthe sole discretion of the employer.Please note that the employer maynot be able to unilaterally change theemployees’ contributions to premiumsif the amounts to be paid byemployees were negotiated in acollective bargaining agreement or inrespective employment contracts.

• A statement that the handbook andthe plan documents do not constitutecontracts for continued benefits.

• A statement that the descriptions ofthe various types of insurance are“short” and that they do not describeall of the various plan benefits,limitations, and eligibility.

• A statement that the employee mayexamine the individual plandocuments.

For each specific insurance benefit,the following should be explained:

• A statement specifying who is and isnot eligible for benefits. For instance,the employer may only wish toprovide health insurance to full-timeemployees who have completed twomonths of continuous full-timeemployment.

• A statement that discusses in verygeneral terms who is responsible forpaying the premium. As an example,the handbook might state that the

~ Platinum ~

(L-R) Donald Bisson, Judd Mourning, Jim Walsh,and Jed Pavlick

UniversalUnderwriters

Group

Universal Underwriters is proud oftheir partnership with the NewHampshire Automobile DealersAssociation. They’re the one companythat offers the whole package –Property & Casualty Insurance,Business Life, Credit Insurance, andVehicle Service Contracts. And theonly company with more than 70years of experience serving thespecialized needs of auto dealers. Formore information, please call us, TheSpecialists, at 800-633-8842.

employer will pay the premium for basic health insurance coverage for anyemployee but that the employee is responsible for any additional costs for theemployee’s family members.

• A statement addressing when the employee must make contributions for thepremium and whether such contributions may be taken out of the employee’scheck.

Many handbooks also contain a provision that explains the ConsolidatedOmnibus Budget Reconciliation Act of 1985 (“COBRA”), which permitsemployees to continue health care coverage if they lose such coverage due to a“qualifying event” (e.g., termination). This section should be very brief andonly provide a general overview of what COBRA entails. It should state thatCOBRA applies to “eligible” employees and their “qualified beneficiaries.” Itmay also discuss what constitutes a “qualifying event,” the cost to anemployee, and how the employee should pay the premiums (e.g., pay directlyto the employer). Please note that COBRA applies to employers with 20 ormore employees. New Hampshire has similar laws which apply to employerswith fewer than 20 employees.

Check List - Continued from page 9

(This article was provided by the Devine, Millimet & Branch Labor, Employment andEmployment Benefits Group)

Meet

Your Partners

April, 2006 page 11



page 12 April, 2006

Healthy Hints

Elbow injuries have costNHADA WCT members over$850,000 since 2001. It is the

fifth most costly injury behind backs,shoulders, knees, and fingers and thesecond most costly on an averageper-claim basis. We hear a lot inthe press about the billions ofdollars spent on back injuries,but the elbow gets very littlepress.

Elbow injuries can be just ascostly to the dealership in lostproductivity, just as painful tothe injured employee, and evenmore expensive to treat onaverage than a back injury. Likemost injuries, many elbowinjuries can be prevented withappropriate workplaceergonomics and exercise. Byspotlighting elbow injuries, we hopeto heighten members’ awareness andreduce the costliness of these claims.

Most everyone at one time or anotherhas heard the terms tennis elbow orgolfers elbow (aka Epicondylitis), andmost would think these are conditionsthat someone may suffer from whenthey have been taking in too muchgolf or tennis in their free time.Actually, those two leisure activities arenot the only causes of these conditions.Activities that can increase our risk ofdeveloping Epicondylitis are repetitivemovements of the forearm, wrist, and

Epicondylitis

J. Marta Robbins, RN, BSNNHADA WCT Nurse Case Manager

fingers. These include activities suchas grasping and twisting armmovements that may occur in youractivities of daily living or with work.Epicondylitis can also be brought onby heavy lifting, improper techniqueswhile doing certain movements,improper use of equipment for work,home or sports, your age, and ahistory of prior tendon injuries.

Epicondylitis is an inflammationand/or tearing of a muscle or tendonat the area of the elbow. There aretwo types of Epicondylitis – Lateraland Medial.

• Lateral Epicondylitis: Thiscondition is more commonly knownas tennis elbow. This occurs when theoutside of the elbow is inflamed.Lateral Epicondylitis is the mostcommon form of Epicondylitis. Thetendons involved in this condition areresponsible for anchoring the musclesthat extend and lift the wrist andhand. Although there can be manycauses for tennis elbow, it is adegenerative condition of the tendonfibers that attach on the bonyprominence (the Epicondyle) on theoutside (lateral side) of the elbow.The person that suffers from Lateral

Epicondylitis may feel pain on theouter side of the elbow when liftingheavy weights. What is happening isthat the weakened tendon becomesmore vulnerable to tears and rupturesfrom a sudden accidental blow, a fall,or any forceful movement.

• Medial Epicondylitis: Thiscondition is sometimes referred to asgolfers elbow. This occurs when theinside of the elbow becomes inflamed.The Medial Epicondyle is the funnybone on the inside of the elbow. Themuscles that bend the wrist down

start at this point of the arm.Just as with LateralEpicondylitis, there can bemany causes of this condition;but forceful and repeatedbending of the wrist and fingerscan cause tiny ruptures of themuscles and tendons of thisarea, which can then result inMedial Epicondylitis. Symptomsof Medial Epicondylitis mayinclude tenderness and pain atthe Medial Epicondyle; this ismade worse by bending/flexingof the wrist.

Although these two problems havedifferent names and involve differentareas of the elbow, their treatmentsare very similar.

• Since the pain is being brought onby inflammation, the goal for theprimary treatment plan is to decreaseand or alleviate the inflammation.The person experiencing symptomsbrought on by Medial and LateralEpicondylitis will be encouraged touse an anti-inflammatory medication.This will not only reduce theinflammation, but will also help withthe discomfort and pain that theinflammation causes.

HumerusLateralEpicondyle

MedialEpicondyle

Radius

Ulna

April, 2006 page 13


• Resting the area is also a method oftreatment. This can be with the use ofan elbow strap or wrist brace. It canalso include activity rest, which maymean a decrease in some activities orcomplete avoidance of the activitiesthat are causing increased discomfort.

• A medical provider may also suggestPhysical Therapy for the treatment ofEpicondylitis. Formal physicaltherapy can provide certainmodalities that may calm down thesymptoms of Epicondylitis, such asiontophoresis, ultrasound, and hot/cold therapy.

• A cortisone injection may be givenwhen the symptoms don’t respond tothe anti-inflammatory and othertreatment options.

• When conservative treatment fails,surgery is considered as a last resort.

As with most injuries, prevention isthe best treatment of all. WithEpicondylitis, the best way to preventit is to stretch and strengthen yourarm muscles so that they are flexibleand strong enough for the activitieson which you take. Other ways tobattle this difficult diagnosis is withproper use of equipment, good bodymechanics, staying in overall goodshape and health, and trying to avoidrepetitive use of an extremity byalternating arms during activities.

~ Bronze ~

Larry Cunningham

AftermarketSpecialists/RoyalAdministration

Aftermarket Specialists/RoyalAdministration provides aftermarketservice contracts and otherF&I-related products. They are theonly service contract companyfounded and based in New England.For more information, please feel freeto contact Larry Cunningham tollfree at 800-871-0467 or on his directline at 617-921-3040.

New on www.nhada.comThe on-line compmc ParticipatingProviders Network Directory hasbeen updated and is now listed byCounty. This change will allow WCT

members to more easily identifyand locate Providers. Click on

NHADA Affiliate Programs in theSite Map, then NHADA Workers’

Compensation Trust, thencompmc Participating Providers

Network Directory.

Avian influenza is an infection caused by Avian flu viruses. These are flu viruses thatoccur naturally among birds. This flu is very contagious among birds and can makeeven domestic birds very sick and can kill them. Bird flu does not typically infecthumans; but, worldwide, there have been 170 confirmed cases since 1997. Casesof bird flu that have affected humans have come from direct contact with infectedpoultry or surfaces contaminated by their secretions. Spread of the Avian flu from anill person to another person has been reported only rarely, but it has not beenobserved to spread beyond one person. There is currently no evidence that you cancontract the disease from eating properly cooked poultry or eggs.

For more information on the Avian flu, please refer to the Web sites listed below asinformation is updated regularly. As always, everyone is encouraged to be aninformed medical consumer. Educate yourself; and if you have further questions, youcan always consult with your personal health care provider.

• Centers for Disease Control: www.cdc.gov• World Health Organization: www.who.int/en/

• Department of Health and Human Services State of NH: www.dhhs.state.nh.us

What is the Avian Flu,and Do We Need to be Concerned?

Meet

Your Partners


page 14 April, 2006

NHADA recently received aheads-up on an issue fromour good friends at the New

Hampshire Department ofEnvironmental Services (NHDES)and their Waste Management Division(WMD). The issue that they wantedto pass on to our membership wasthat of ensuring that all wastes froma facility, and handled by a vendor,are properly characterized.

According to our Hazardous WasteRules, Env-Wm 502, it is theresponsibility of each generator, orproducer, of waste to determinewhether or not their waste ishazardous.

Each facility should assess theirprocesses and, through either aninformed knowledge of process orlaboratory testing, make adetermination as to whether or notthe wastes that they produce are, infact, considered a hazardous waste ora solid waste.

A great number of times we rely onour vendors for assistance with ourwaste determinations. Unfortunately,it is not their responsibility to ensurethat the determination is doneaccurately; it is yours. At times it mayalso be to the vendor’s advantage ifthe waste is, in fact, improperlyprofiled as hazardous when it shouldnot be.

Do not get me wrong here with theintent and purpose of this article. It isby no means meant to beat up onvendors. Vendors, a few of whom areNHADA members and deserve oursupport, provide us an invaluable

service; and our day-to-dayoperations would be impossiblewithout their assistance.

The aim of this article is to informyou and give you the tools to ask theimportant questions of your facilityand your vendors when it comes tothe incredibly burdensome,dangerous, and costly issue ofhazardous waste.

One of the keys to the hazardouswaste operations at your facility is themanifest. These eight-copy green andwhite forms list the hazardous wastethat is shipped out of your facilityand will be attributed to youroperations. It is imperative that thesemanifests are reviewed for accuracyeach time they are signed and a wasteleaves the facility. So check them –twice, if necessary – and ask questionsabout what is on there. Remember,ultimately, it is the facility, not thehauler or vendor, that is responsible.It is also a requirement that whoeversigns the document (on line 16), andagrees to the Generators Certification,is up-to-date and has beencompliantly DOT Haz-Mat trainedand certified.

One of the key questions to ask is,why is this a hazardous waste, andwhat chemical or processes made itthat way? Here are a few otherquestions to ask:

• Did the substance enter the shopbeing considered hazardous?

• What chemical is making thesubstance to be consideredhazardous?

• Did a hazardous chemical enter thesubstance while in our shop, and dowe have that chemical in our shop?

As we all know, unfortunately, somebetter than others, when it comes tohazardous waste, it is a costly andserious business. It should not betaken lightly. It takes and deservesour attention to ensure that we all dothe right thing, operate compliantly,and provide the maximum amount ofenvironmental protection as possible.

I would encourage you to forwardthis article on to other facility staffthat may be responsible forhazardous waste activities. (You mayeasily forward a digital copy of thisarticle by going to www.nhada.com,clicking on Dateline: NH, April 2006Dateline: NH, choosing this articlefrom the Table of Contents, andclicking on “E-mail A Friend!”located at the top right of the articleand entering the individual’s e-mailaddress.)

If you have any questions regardingyour vendors, your facility’s practicesand their applicable rules andrequirements, or any otherenvironmental-related issues, feel freeto contact me at 800-852-3372 or bye-mail at [email protected].

Environmental Corner Waste Determination, Looking Into YourOwn Backyard (or Service Shop),

and Checking Your VendorsDan BennettNHADA Environmental Specialist

NHADA AnnualMeeting and Golf

Tournament – May 15(see page 16)

April, 2006 page 15



page 16 April, 2006

• Continental breakfast and lunch

• Two fantastic speakers:

Business Speaker: Ross Gittell,James R. Carter Professor atUNH’s Whittimore School ofBusiness and Economics

Luncheon Speaker: WalterBond, former NBA player

• Annual Meeting Reports

• Special Awards and Recognition

Attention: Dealers/Owners/Key Managers

NHADA Annual Meeting and Golf TournamentMay 15, 2006 • Manchester Country Club

Walter Bond

Walter Bond is a former professional basketball player and currentbusinessman. He is an inspirationally humorous speaker that takes the lifelessons he has learned and incorporates them into professional philosophies.Key is his belief that “No One Can Stop You, But You!” You will thoroughly enjoyWalter’s energy as he moves you from the “comfort zone” of mediocrity to the“success zone” of peak performance!

Ross Gittell is a Professor and author of two books and over 50 publications inacademic and business journals. His presentation, “The New Hampshire EconomicOutlook: Opportunities and Challenges Looking Forward,” will review the economicforecast for New Hampshire and New England. He will include in his presentationcommentary and an outlook for auto dealers in the state and region. You won’t wantto miss this insightful presentation!

Annual Meeting Only (half day)OR

Annual Meeting and Golf Tournament (full day)

– Choose Your Schedule for the Day –

Full-Day Annual Meeting Session ANDthe Golf Tournament includes:

• Annual Meeting (as describedabove)

• “Bramble” Golf Tournament

• Dinner/Reception/Prizes

Distribution of Workers’Compensation Trust

Rebate Checks

Half-Day Annual Meeting Sessionincludes:

~ Gold ~

Greg Holmes, Esq.

Wiggin & Nourie, P.A.

Franchise Issues.

Dealer/Manufacturer Relations.

The Motor Vehicle Industry Board.

Commission and Incentive Pay.

Dealer Acquisition and Transfer.

And more. Where do you turn?

Greg Holmes. 603.629.4524

Wiggin & Nourie, P.A.

Bumper to Bumper Legal Services

Ross Gittell

Check your mail for registrationmaterials. If you have questions,contact Louanne Theriault at

800-852-3372.

Meet

Your Partners

April, 2006 page 17


"BUMPER TO BUMPER" LEGAL

SERVICES TAILORED TO THE SPECIFIC

NEEDS OF THE AUTO INDUSTRY.

■ FRANCHISE-RELATED ISSUES

■ DEALER/MANUFACTURER RELATIONS

■ COMMERCIAL LITIGATION

■ FINANCING AND OPERATIONS

■ REGULATORY AND COMPLIANCE

■ REAL ESTATE TRANSACTIONS

■ EMPLOYMENT LAW

■ BUSINESS & ESTATE SUCCESSION

PLANNING

Bus iness Law

Lit igat ion

Domest ic Rel at ions

Employment & Benef its

Insurance

Estate Pl anning

Auto Industry

Real Estate , Land Use & Development

Contact Gregory A. Holmes at 603-629-4524 or [email protected]

Wiggin&Nourie, P.A.C o u n s e l l o r s a t L a w

Manchester Office670 North Commercial Street, Suite 305P.O. Box 808Manchester, NH 03105-0808t 603-669-2211 f 603-623-8442

www.wiggin-nourie.com

Portsmouth Office75 Congress Street, Suite 211P.O. Box 469Portsmouth, NH 03802-0469t 603-436-7667 f 866-210-8442


page 18 April, 2006

Safety/OBD II Inspections Statistics

* Total numbers include OBD II Inspections

The prime rate has increasedfrom approximately5.25 percent in December,

2004, to currently 7.5 percent. Ourdealer clients have shown increasesbetween $50,000 to $250,000 ininterest expense for 2005. Thisincrease in interest expense, coupledwith slower sales and declining grossprofits, have made 2005 a difficultfinancial year. For 2006, the rates arestarting at 7.5 percent and may riseduring the year. Since 70 percent to75 percent of dealership assets arefloorplanned inventories with interestexpenses, dealers should beconcerned. Any dealership that iscurrently experiencing cash flowproblems should begin to reduce allof its inventories to improve cashposition and reduce interest charges.

Downey & Company, LLPrecommends that dealers implement

Rising Interest RatesNegatively AffectDealership Profits

Downey & Company, LLP

Safety/OBD II Inspections StatisticsSafety

InspectionResults Feb 06

% ofTotal YTD 06

% ofTotal

Total *PassedCorrectedRejectedUntested

89,11870,26115,153

3,6995

100.00%78.80%17.00%

4.20%0.00%

179,734141,395

30,7767,553

10

100.00%78.70%17.10%

4.20%0.00%

OBD IIInspection

Results(1996 and newer)

TotalPassedRejectedUntested

71,50159,55910,245

1,697

100.00%83.30%14.30%

2.40%

143,558117,160

23,0363,362

100.00%81.60%16.00%

2.30%

Statistics provided by Gordon-Darby

* Total numbers include OBD II Inspections

Certified Public Accountants

“A CPA firm that understands dealership management, accounting, and tax issues”

In today’s complex automotive business environment, it pays to engage a CPA firm

that has specialized its practice to service your industry.

Timely filed tax returns

Computerized LIFO calculations

Tax-planning strategies

Estate and succession planning

Operational and accounting reviews

Management consulting

For more information, please visit our web site at www.downeycocpa.com,

or call Paul McGovern or James Downey at 800-849-6022.

Downey & Company, LLP

– Representing over 80 dealerships throughout New England –

April, 2006 page 19


~ Silver ~

Manheim’s AmericanAuto Auction

American Auto Auction is a full-service wholesale auction located in thesoutheastern Massachusetts town of North Dighton, convenient to boththe Boston and Providence markets. In addition to the12-lane auction onTuesdays and 4-lane auction on Thursday nights, American offers a fullrange of services, including transportation, financing, body shop, anddetail shop. American also offers the latest technology to its dealers,keeping them on the cutting edge of today’s fast-changing industry.For more information, please contact Tim Hoegler at 508-977-4600.

the following steps to control thedealership’s inventory:

1. The dealership should not ownmore than a 60-day supply ofinventory. For example, selling 50 newvehicles per month means that 100 newvehicles are kept in inventory.

2. On a weekly basis, work with thesales force to move out older vehicles.

3. Review any new vehicles over60 days old and any used vehicles over30 days old. Used vehicles should turnover more quickly than new vehicles.

4. Schedule weekly sales staffmeetings to identify the older vehiclesand develop a strategy to sell them.

5. A week later, decide if the strategyworked or needs adjustments.

6. Move all older vehicles to the frontof the facility and, in some cases, intothe showroom where prospectivebuyers can see them.

Monitoring inventory levels will be asignificant factor in turning a profitin 2006. A 60-day supply of freshinventory equals lower interest costsand higher profits.

Meet

Your Partners


page 20 April, 2006

From Your NADADirector

Jack Tulley

Dealerships are a vital part ofthe U.S. economy. Weprovide some one million jobs

and sell $700 billion in vehicles andservices each year – more than20 percent of U.S. retail sales. Becausedealers are such a huge business force,we have big responsibilities – to ourcustomers, to our communities, and toour fellow dealers.

Dealers are working with NADA rightnow to protect consumers and otherdealers from buying flood-damagedvehicles. David Regan, NADA VicePresident of Legislative Affairs,recently testified on this issue before aU.S. House of Representativessubcommittee. He called on insurancecompanies and state titling agenciesto provide consumers access to VIN-based data before they buy used cars.

“Armed with total-loss data and abetter understanding of vehiclehistories, both consumers and dealerswill be able to steer clear of rebuiltwrecks and stolen vehicles,” saidRegan. “For too long fraudulentresellers have relied upon a confusing51-state titling regime to marketrebuilt or stolen vehicles with cleantitles. Consumers need to know beforethey buy a car whether it has beentotaled; the technology exists today tomake this happen.”

Dealers Make a Difference

Regan said that Congress already hasgranted the Department of Justice theauthority to make insurancecompanies disclose total-loss data andsalvage auction data, and Congressshould press the agency to act because“an accurate and publicly accessibletotal-loss database would curbfraudulent activity dramatically.”

In his remarks, Regan called for:

Greater transparency: “Insurancecompanies should provide VIN-baseddisclosure of all totaled vehicles,” hesaid. Also, “all states should carryforward prior brands when issuingnew titles. States should brandregistrations as well as titles.”

More timeliness: “The insurancecompanies should disclose total-lossdata at the time the total-loss payoutoccurs,” he said. “Also, state DMVsshould work with the private sector topush title data into the publicdomain faster.”

Better use of technology: “DMVsshould make title data commerciallyavailable on a daily basis to theinformation industry, [which] has thetechnology to dramatically enhancepublic disclosure of insurancecompany information about total-lossvehicles and salvage auction salesdata.”

Regan said the combination ofelectronic access to total-loss data andfaster access to DMV data will helpconsumers and dealers fight motorvehicle fraud.

How else can dealers make adifference?

• There are more than 104,800 careeropportunities available at dealerships

across the country right now. It’simperative that we promote these jobopenings in our communities. Oneway to do this is to host an openhouse for local students and theirparents and teachers duringAutomotive Career Month thisOctober. Last year, more than 700dealerships in 44 states held careerevents. This year, let’s double thenumber of participating dealers.

• NADA is working to help dealers bypushing for permanent repeal of thefederal estate tax. A plannedcongressional vote on the issue waspostponed after Hurricane Katrina,but NADA’s legislative office isworking hard to get it back on theagenda. Senate Majority Leader BillFrist (R-Tenn.) said he will call for avote before Memorial Day onpermanent repeal. “The death taxwas unfair before Katrina, and it’sstill unfair,” said Regan. “It’s a primeexample of double taxation, and itshould be eliminated.”

• For the benefit of all dealers, stayinvolved with NADA. Complete theNADA Dealer Attitude Survey everysummer and winter. It’s one of thebest ways to ensure automakers hearour voices. NADA also meets regularlywith every automaker to discussdealer concerns. As the domesticmakers restructure and someinternational manufacturers struggle,it’s essential that automakers realizehow important all dealers are to theindustry’s success.

As always, feel free to contact mewith any questions or comments at888-0550 or at [email protected].

April, 2006 page 21


Auto Auction of New England

“Creating Liquidity in the Automobile Marketplace”

Conveniently Located at Exit 4, Rt. 938 Action Blvd., Londonderry, NH 03053

10 min. south of Manchester, NHTel: (603) 437-5700 Fax: (603) 437-5800

• Six Lanes 1,200+ Vehicles• Fleet/Lease 275+ Vehicles• End of Sale Prizes!

• Transportation • Full Recondition • Service Dept. • Guaranteed Checks and Titles

Every Thursday 9:45AM Londonderry, NH

Quality Auction Memberwww.

aane

.com

General ManagerDave Blake

Operations ManagerRob Ross

ControllerLinda Griffin

Office ManagerJoanne Comeau

Safety & Compliance ManagerSal Morando

Transportation ManagerBarry Kelley

Director Fleet/LeaseBill Hoover

Director Dealer RelationsJim How

Dealer RelationsKatie KarlMichele Pierog

Dealer RegistrationDonna Olsen


page 22 April, 2006

The new small group reform law became effective the beginning of2006. Knowing that the first year would be one of transition, NHADAwas not able to predict how our groups would be affected by the new

legislation for our 2006 benefits renewal.

Groups with fewer than 50 eligible employees who were previously rated,including negative claims experience and geographic areas in which serviceswere more costly, experienced significant decreases in premium from 2005 to2006. However, those groups who had been healthy and/or located in lower-cost-usage areas may have seen hefty increases because of loss of the discountsgiven them at renewal in 2005.

Another Benefits Renewal Comes to an End at NHADASusan Manning

The largest factors designatingdifferences between group ratings forsmall groups now are the average ageof the employees and the coveragechoices. Individual group claimsexperience and geographiclocation no longer are part of therating formula for groups withfewer than 50 eligible employees.

In theory, this new law shouldstabilize the renewal premiums forthe future. In the past, the effect ofclaims experience alone could swaysmall group renewal rates drasticallybecause the amount of premium paidto the carrier to offset the claims wasso much smaller than the amount ofpremium dollars paid by largegroups. This new law addresses thatproblem by completely removingclaims experience from the equationfor the small group.

NHADA’s small group populationweathered the transition and, withonly a handful of exceptions,remained insured through theAssociation. Our premium rates haveremained competitive in both thesmall and large group markets, andenrollment of new business has beenbrisk. Several of those companies wholeft the Association at renewal in2005 have returned to the fold, andwe are pleased to have them back.

NHADA has expanded its medicalplan offerings to include the AnthemHMO New England products and aHealth Savings Account. For groupswith a minimum of 25 insureds, threemedical plans may be installed atenrollment in order to offer morebenefit and premium choices to theemployees.

Renewal - Continued on page 23

April, 2006 page 23


Commissioner RichardFlynn and Director VirginiaBeecher of the NewHampshire Department ofSafety, Division of MotorVehicles, visited with theNHADA Board of Directorsat their March Boardmeeting to discuss issuesof mutual concern.(L-R) NHADA ChairmanRich Lovering of theLovering dealerships inConcord, Meredith, andNashua; Director Beecher;and Commissioner Flynn

DMV Visits NHADA

The New Hampshire TitleBureau has THOUSANDS oftitles that have various

problems and are put in the“suspense” file. There are also rareoccasions, which are totally illegal,where the selling dealer fails tosubmit the title to the Title Bureau.There have been a number of caseswhere financial institutions collectmonthly motor vehicle installmentsfrom customers, and the financialinstitution does not have the title! Loand behold, when the dealer makesthe payoff on that vehicle, thefinancial institution does not have thetitle, and the dealer is stuck with avehicle that cannot be sold.

Save yourself a headache andinstitute a company policy … whenyour staff calls for information on apayoff, also ask for the titlenumber.

(The following was sent to all members viae-mail or fax on Friday, March 10. Wethought it was worth repeating. Please besure to read the NHADA “Quick Tips” whenthey arrive in your e-mail or on your fax asthey contain good information! NHADA“Quick Tips” are also accessible on our Website at www.nhada.com under NHADA onthe Site Map.)

Title Tip

Please contact me at 800-852-3372or at [email protected] forfurther information regarding thecompetitive pricing of our flexible,high-quality benefits programs.

Renewal - Continued from page 22


page 24 April, 2006

7,42018,00225,422

10,13215,290

1,025233

36134522621

70

Titles Issued for New and Demo Vehicles:Titles Issued for Used Vehicles:

TOTAL TITLES ISSUED:

Titles Issued with a Lien:Titles Issued with no Lien:

Salvage Titles Issued:Salvage Tags Issued:

Titles Issued for Heavy Trucks More than 15 Years Old:Titles Issued for Heavy Trucks 15 Years Old or Less:

Titles Issued for Trailers:Titles Issued for Motorcycles:

Titles Issued for Motor Homes:

February

New Hampshire Department of Safety, Division of Motor Vehicles

Title Statistics Report Month Ending: 2/28/06

19,30339,59158,894

25,22133,673

1,243474

74387

1,165842139

05YTD

27,58670,61198,197

37,37560,822

2,086466

108507

2,1951,911

209

06 YTD

2006 A2006 A2006 A2006 A2006 ASSOCIASSOCIASSOCIASSOCIASSOCIATIONTIONTIONTIONTION P P P P PARARARARARTNERSTNERSTNERSTNERSTNERS

PLPLPLPLPLAAAAATINUMTINUMTINUMTINUMTINUM

GOLDGOLDGOLDGOLDGOLD

SILSILSILSILSILVERVERVERVERVER

N.E. DODGE DAAUNIVERSAL UNDERWRITERS GROUP

WMUR-TV/NEW HAMPSHIRE

ADESA BOSTON

AMERICAN FIDELITY ASSURANCE COMPANY

ANTHEM BLUE CROSS AND BLUE SHIELD

DEVINE MILLIMET

ENTERPRISE RENT-A-CAR

CITIZENS BANK

UNION LEADER CORPORATION

WIGGIN & NOURIE, P.A.

BRBRBRBRBRONZE ONZE ONZE ONZE ONZE (CONT.)

(as of 3-24-06)

To become a Partner, please contact Louanne Theriaultat 800-852-3372 or at [email protected].

T h a n ky o u

BRONZEBRONZEBRONZEBRONZEBRONZEADP - DEALER SERVICES

AFTERMARKET SPECIALISTS/ROYAL ADMIN.AHC, CORP.

ALBIN, RANDALL & BENNETT

ALLTEX UNIFORM RENTAL SERVICE

ANTHEM SPECIALTY

ARMORED TIRE USAAUTO AUCTION OF NEW ENGLAND

@UTOREVENUE

AUTOTRADER.COM

BELLWETHER COMMUNITY CREDIT UNION

BG PRODUCTS/WAREHOUSE DISTRIBUTORS OF N.E.CREDIT UNION DIRECT LENDING

LACONIA SAVINGS BANK

MANHEIM’S AMERICAN AUTO AUCTION

NEW ENGLAND CHRYSLER-JEEP DAANORTHEAST DELTA DENTAL

O’CONNOR & DREW, P.C. &OCD CONSULTING, LLCSOUTHERN AUTO AUCTION

ST. MARY’S BANK

WINDWARD PETROLEUM/EXXON MOBIL

DOWNEY & COMPANY, LLP, CPAS

F & I RESOURCES

G W MARKETING SERVICES

GM AND GMACHRH NORTHERN NEW ENGLAND

JEWETT CONSTRUCTION CO., INC.JM&A GROUP

JOBSINNH.COM

MORGAN STANLEY (ALAN SCALINGI)NANCY PHILLIPS ASSOCIATES, INC.

NEW ENGLAND INVESTMENT & RETIREMENT GROUP

PROTECTIVE

RATH, YOUNG AND PIGNATELLI, P.A.RESOURCES MANAGEMENT INSURANCE AGENCY

ROBBINS AUTO PARTS, INC.SANEL AUTO PARTS CO.SEACOAST MEDIA GROUP

SOVEREIGN BANK

TD BANKNORTH, N.A.TIRE WAREHOUSE

TYLER, SIMMS & ST. SAUVEUR, CPAS, P.C.

SILSILSILSILSILVER VER VER VER VER (CONT.)

*Increased numbers

due to backlog catch-up

*

dateline: nh

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