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Serving the New England Collision and Mechanical Repair Industry

April 2018 U.S.A. $5.95

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

To Scan or Not to

Scan? There is

NO Question! Page 36

PLUS: • Tow Rate Changes • Aftermarket Parts Court Battle

www.grecopublishing.com


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45,000 sq. ft. warehouse with over 35,000 parts, ready for delivery. Genuine GM Wholesale Parts at competitive aftermarket prices including a complete line of Saturn parts now in stock 10 delivery trucks, ready to bring you the parts you need fast and easy. All free delivery in Metro Boston, Cape Cod, throughout Massachusetts and Rhode Island; shipping by FedEx or UPS. 75 years of experience, making us ready to fill any type of order, large or small.

GET MOPAR QUALITY AT AFTERMARKET PRICES. ®

BEST CHRYSLER DODGE JEEP RAM 520 Colony Place Road Plymouth, MA 02360 Order Hotline: (800) 932-7900 Fax: (781) 749-7804

Send your electronic insurance estimate to your local FCA US LLC dealer and get the parts that fit true and finish right. We price match* against aftermarket or salvage collision parts. *Some exclusions apply. See dealer for details.

COLLISION CONOUEST

Check out MoparRepairConnection.com for resources, promotions and technical information.

See us for all the parts you need!

www.bestjeep.com ©2017 FCA US LLC. All Rights Reserved. Chrysler, Dodge, Jeep, Ram, Mopar and SRT are registered trademarks of FCA US LLC.

2 April 2018

New England Automotive Report


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We provide the highest level of customer-friendly service through our knowledgeable and helpful personnel!

WE WANT TO

EARN YOUR BUSINESS!

• We carry over $2,000,000 in collision & mechanical parts • Daily UPS shipping available

COLONIAL NISSAN 104 Mystic Avenue Medford, MA. 02155 Phone Number: 781-395-3025 FAX Number: 781-395-4863

COLONIAL HONDA OF DARTMOUTH 225 State Road (Rte. 6) Dartmouth, MA. 02747 Parts Direct: 508-997-2919 FAX Number: 508-730-6578

CITY SIDE SUBARU 790 Pleasant Street Belmont, MA. 02478 Phone Number: 617-826-5005 FAX Number: 617-489-0733

COLONIAL FORD 147 Samoset Street Plymouth, MA. 02360 Phone Number: 800-233-8109 FAX Number: 508-830-1658

NORTH END SUBARU 757 Chase Road (Rte. 13) Lunenburg, MA. 01462 Phone Number: 800-548-8887 FAX Number: 978-582-9843

COLONIAL CHRYSLER JEEP DODGE-RAM 24 Coolidge Street (Rte. 62) Hudson, MA. 01749 Phone Number: 978-568-8000 FAX Number: 978-562-1213

COLONIAL FORD OF MARLBOROUGH 428 Maple Street Marlborough, MA. 01752 Phone Number: 888-460-1125 FAX Number: 508-460-3464

COLONIAL SOUTH CHRYSLER JEEP DODGE-RAM 42 State Road (Rte. 6) Dartmouth, MA. 02747 Phone Number: 508-984-1900 FAX Number: 508-996-5801

• Servicing Massachusetts, Rhode Island and New Hampshire • We build our reputation on providing you the best SERVICE!!

COLONIAL BUICK - GMC 66 Galen Street Watertown, MA. 02472 Phone Number: 888-560-5337 FAX Number: 617-489-6875

NORTH END MAZDA 757 Chase Road Lunenburg, MA. 01462 Phone Number: 800-322-1241 FAX Number: 978-582-9841

COLONIAL VOLKSWAGEN COLONIAL SOUTH CHEVROLET 89 Turnpike Road (Rte. 9) 361 State Road (Rte. 6) Westborough, MA. 01581 Dartmouth, MA. 02747 Phone Number: 888-322-6570 Phone Number: 508-996-6266 FAX Number: 508-616-0445 FAX Number: 508-979-1219

COLONIAL VOLKSWAGEN OF MEDFORD 162 Mystic Avenue Medford, MA. 02155 Phone Number: 781-475-5200 FAX Number: 781-391-3506

WELLESLEY VOLKSWAGEN 231 Linden Street Wellesley, MA. 02482 Phone Number: 800-228-8344 FAX Number: 781-237-6024 Contact: Dan Bettencourt / Wholesale Parts Manager

COLONIAL CHEVROLET 171 Great Road Acton, MA. 01720 Phone Number: 800-787-2787 FAX Number: 978-263-8587

COLONIAL WEST CHEVROLET 314 John Fitch Highway Fitchburg, MA. 01420 Phone Number: 978-345-5532 FAX Number: 978-345-1152

COLONIAL CADILLAC 201 Cambridge Road Woburn, MA. 01801 Phone Number: 781-935-7009 FAX Number: 781-933-7728

Place any order online with our parts order form at www.buycolonial.com


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2018 MEMBERSHIP APPLICATION MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

As a member of the Alliance of Automotive Service Providers of Massachusetts (AASP/MA), I will abide by the association’s bylaws and code of ethics. I understand that membership in AASP of Massachusetts is non-transferable, and I must remain current with my dues in order to be a member in good standing. I understand that if I discontinue my membership that I must immediately cease using any association promotions, logos or materials. Additionally, I understand that as part of my AASP of Massachusetts membership, I will receive New England Automotive Report, the official publication of AASP of Massachusetts, faxes, emails and other mailings.

*** PLEASE TYPE OR PRINT LEGIBLY *** Primary Contact Name: ________________________________________________________________________________________________ Business Name: ______________________________________________________________________________________________________ Street Address ________________________________________________________________________________________________________ City

Street

State

Zip

Mailing Address ______________________________________________________________________________________________________ Street

Phone Number ( E-mail Address

City

)____________________________________ Fax Number (

State

Zip

) __________________________________________

________________________________________ Web Site Address ____________________________________________

MEMBERSHIP TYPE (check one) Collision Repair Shop

ACCOUNTS PAYABLE CONTACT: Name: __________________________________________________

Mechanical Repair Shop

Phone Number: __________________________________________

Both, Collision & Mechanical Repair Shops Vendor

Email:____________________________________________________

RS Number (if applicable) ________________________________ ANNUAL MEMBERSHIP DUES

AASP/MA CHAPTER (check one) MidState Southeastern Northeastern Western

(The AASP membership year is from January 1 to December 31, 2018)

$40/month

$115/quarter

$425/year - BEST VALUE!

Monthly & Quarterly Dues are Automatic Credit Card Transactions ONLY*

NEW! Political Action Committee (PAC) Donation ...............$_____ Personal Contributions Only

ADDITIONAL CONTACT FOR NEWSLETTERS AND LEGISLATIVE UPDATES Name: ____________________________________________________ Email: ____________________________________________________ Name: ____________________________________________________ Email: ____________________________________________________ Name: ____________________________________________________ Email: ____________________________________________________

Check or Cash

Credit Card:

Visa

MasterCard

Amex

Card Number: __________________________________________ CID Number: ____________ (3#s on back for Visa, 4 on front for AMEX) Expiration Date: ________________________________________ Name on Card: __________________________________________ Billing Address of Credit Card: ____________________________ ________________________________________________________

Name: ____________________________________________________

________________________________________________________

Email: ____________________________________________________

Signature: ______________________________________________

Name: ____________________________________________________

Date: __________________________________________________

Email: ____________________________________________________

PLEASE COMPLETE THIS MEMBERSHIP APPLICATION AND RETURN IT WITH PAYMENT TO AASP-MA OFFICE. 12 Post Office Square, 6th Floor • Boston, MA 02109 Phone: (617) 574-0741 | Fax: (617) 695-0173|ckane@aaspma.org As required by the U.S. Tax Code, AASP of Massachusetts, Inc. informs its members that 75% of the dues paid to the association are tax deductible. The remaining 25% is allocated to legislative activities and is not tax deductible. New England Automotive Report

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April 2018 • Volume 16, No. 4

CONTENTS

DEPARTMENTS PRESIDENT’S MESSAGE by Molly Brodeur 8 | Supporting the Future of Our Industry EXECUTIVE DIRECTOR’S MESSAGE by Anne Lynch 10 | What it Means to Be a Leader LOCAL NEWS 21 | ADALB Approves Changes to Complaint Application 22 | CREF Career Fair Set for April 26 NATIONAL NEWS 31 | LKQ Sues Homeland Security over Aftermarket Parts Seizure LEGAL PERSPECTIVE by James Castleman, Esq. 42 | Update on Involuntary Tow Rates

FEATURES

36

LOCAL FEATURE

ALSO THIS ISSUE

26 | A Leader Reflects: Catching up with

5 | AASP/MA MEMBERSHIP APPLICATION

Paul Hendricks

13 | I-CAR IN MASSACHUSSETTS

by Joel Gausten

COVER STORY 36 | To Scan or Not to Scan? There is NO Question! by Joel Gausten

13 | AASP/MA SPONSOR INFO 18 | AASP/MA SPRING MEETING ANNOUNCEMENT 49 | CREF CAREER FAIR ANNOUNCEMENT 50 | INDEX OF ADVERTISERS New England Automotive Report

April 2018

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PRESIDENT’S MESSAGE

Supporting the Future of Our Industry MOLLY BRODEUR

This story is not out of the realm of possibility for any one of us. There are a lot of diamonds in the rough out there who are waiting for the guidance and leadership your shop can provide. For a lot of kids going to trade school, all it takes is making a connection – and the only way to do that is by engaging with them. In speaking with Brandon Eckenrode at CREF recently, he told me he already had hundreds of students signed up to attend the Career Fair, which is even more of a reason to attend as a shop owner. This event is well-attended, and your chances of helping to further along the careers of the next generation of repairers are very high. We want these students – these soon-to-be technicians – to be able to network with local shop owners and really get a feel for the industry so they can become productive, dedicated workers in the not-too distant future. The best way for that to happen is for our member shops to come out in droves to show these students what an incredible, motivating and fulfilling career they can have in the automotive repair industry.

The Collision Repair Education Foundation (CREF) will be hosting a Career Fair in Marlborough on April 26, and there’s no better opportunity to show your support for the future technicians of our industry than to attend. As we approach this exciting event, I want to encourage all AASP/MA shops – and all association vendors – to really consider purchasing a table and being a part of the festivities. This is our pool of future technicians! Supporting the collision industry voc-tech students is of paramount importance to our future as an industry and can benefit your own business in more ways than you think. I was recently reading an article that used the phrase “grow your own,” and it stood out to me days after, serving as a great reminder with the Career Fair right on the horizon. A shop owner had attended an event similar to CREF’s Career Fair and made a connection with a student who was really interested in getting into a shop. After being mentored by the owner, this student was excited enough to start telling his friends looking to break into the industry about the great work environment this shop had created for him. From there, the shop welcomed three more trade school students and created a mentoring program. Now, the owner is growing his own technicians.

N

E

W

E

N

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

AASP/MA PRESIDENT MOLLY BRODEUR is the Chief Operating Officer of Al Brodeur's Auto Body in Marlborough, MA. She can be reached at (508) 485-1082 or molly@albrodeur.com.

G

L

A

N

D

AU M TIVE AUT T TI TIV STAFF

AASP/MA EXECUTIVE COMMITTEE

PUBLISHER

CREATIVE DIRECTOR

Thomas Greco - thomas@grecopublishing.com

Lea Velocci - lea@grecopublishing.com

SALES DIRECTOR

EDITORIAL/CREATIVE COORDINATOR

Alicia Figurelli - alicia@grecopublishing.com

Kristen Dalli - kristen@grecopublishing.com

EDITORIAL DIRECTOR

PRODUCTION

Joel Gausten - joel@grecopublishing.com

Donna Greco - donna@grecopublishing.com

PUBLISHED BY: Thomas Greco Publishing, Inc. 244 Chestnut Street, Suite 202, Nutley, NJ 07110 Corporate: (973) 667-6922 / FAX: (973) 235-1963

PRESIDENT

TREASURER

Molly Brodeur

Kevin Gallerani

VICE PRESIDENT

LEGISLATIVE CHAIR

Adam Ioakim

Peter Langone

SECRETARY

IMMEDIATE PAST PRESIDENT

Gary Cloutier

Paul Hendricks

AASP/MA STATEWIDE DIRECTORS COLLISION DIRECTOR Rob DelGallo

AASP/MA DIRECTORS www.grecopublishing.com New England Automotive Report is published monthly by TGP, Inc., 244 Chestnut Street, Suite 202 Nutley, NJ 07110. Distributed free to qualified recipients; $48 to all others. Additional copies of New England Automotive Report are available at $5 per copy. Reproduction of any portions of this publication is specifically prohibited without written permission of the publisher. The opinions and ideas appearing in this magazine are not necessarily representations of TGP Inc. or of AASP/MA. Copyright © 2018 by Thomas Greco Publishing, Inc. Images courtesy of www.istockphoto.com

Darlene Andrade

Kevin Kyes

Matthew Ciaschini

Frank Patterson

Alex Falzone

Mike Penacho

Joshua Fuller

WWW.AASPMA.ORG

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

8 April 2018

New England Automotive Report

AASP/MA EXECUTIVE DIRECTOR Anne Lynch 12 Post Office Square, 6th Floor Boston, MA 02109 Phone: (617) 574-0741 Fax: (617) 695-0173 Email: alynch@lynchassociates.com


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A MESSAGE FROM THE EXECUTIVE DIRECTOR

What it Means to Be a Leader ANNE LYNCH

Dear Members, As I work to bring quality programming, benefits and communication to our members, I cannot help but think about how many decades have been spent trying to move this industry forward. It also brings to mind the many leaders who have served tirelessly and given time, money, effort and commitment to do the same. These peers in the collision repair profession are much more than Board members – they are leaders. From Bert Jansson, thenowner of Copeland Street Auto Body, who hired me for the Massachusetts Auto Body Association (MABA) at the end of the ’70s, right up to our current president, Molly Brodeur, these are people who wear the mantle. They have used their own shops and customers to represent the widespread practices of insurers and demonstrate the policies affecting consumers on the use of aftermarket parts. They have also attended government meetings to stand as the individuals representing hundreds of workers intent on providing safe, quality repairs. These are professionals driven to represent their customers and provide safety and quality to their products – and did I mention the money they’ve spent? They fund things, pay for meetings out of their own pocket, retain attorneys who ultimately win cases benefitting the entire industry and travel to informational, cutting-edge seminars. They pay

10 April 2018

and pay and pay again. They are the true believers, and they stand arm in arm with their peers who carry the same loyalty and commitment they have demonstrated. If I listed them all, this message would be as long as Santa’s list. Fast forward to 2018: Are you among those individuals who act valiantly for your profession? Do you attend, participate, donate, speak out and join the voice of AASP/MA? We need that. You have no idea of the power of your collective voice. I have worked in government for 40 years, and the “squeaky wheel” theory is still preeminent. Those with cohesion to their peers, large numbers of members, strong advocacy and a boatload of facts making their arguments are the ones who make a difference. You have all of those things! You have a large, robust population of auto repair professionals, you have strong advocacy and you have the facts. The only missing piece is cohesion to your peers. Everybody needs to

New England Automotive Report

GET ON BOARD! If we suddenly had thousands of members instead of a handful of loyalists, we could change a tide already shifting towards our arguments for safety, for consumers first and profits last. Attorney Todd Tracy is a person making a difference, and he has found his loud and effective voice. He wants to show you how to protect yourself, your customers and your business at our Spring Meeting. Show up and stop waiting for the next guy to fix it. Be the guy NOW. In the meantime, I will book Fenway Park as an event venue, since there should be hundreds of attendees hearing what he has to say. Are you out there? Warmest regards, Anne Lynch, Executive Director

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

AASP/MA EXECUTIVE DIRECTOR ANNE LYNCH can be reached at

(617) 574-0741 or via email at alynch@lynchassociates.com.


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Announcing the 2018 Kemperle Training Schedule

2018 Course Schedules for 1st & 2nd Quarters Dates

Class #

AXALTA Class, Amityville, NY

Jan 3 & 4 Feb 7 & 8 Mar 7 & 8 April 4 & 5 May 2 Jun 6 & 7

201 201 201 201 201 201

Spies Hecker Solvent L2 Spies Hecker Solvent L2 (Spanish) Spies Hecker Hi Tec L2 Spies Hecker Solvent L2 Internal Tech Training Spies Hecker Solvent L2

Dates

Class #

BASF Class, Amityville, NY

Jan 16 & 17 Jan 18 Feb 13 & 14 Feb 15 Mar 22 Apr 17 & 18 Apr 19 May 22 & 23 May 24 Jun 19 Jun 20

RFN201 RFN202 RFN101 RFN102 SPEC RFN201 RFN202 RFN101 RFN102 RFN400 RFN300

Glasurit Certification Program Glasurit Color Adjustment Techniques RM Certification RM Color Adjustment Technique TSS Training Glasurit Certification Program Glasurit Color Adjustment Techniques RM Certification RM Color Adjustment Techniques Glasurit Re-Certification RM Re-Certification

Dates

Class #

I-CAR Class, Amityville, NY

Jan 9 Jan 23 Feb 6 Feb 20 Mar 6 Mar 20 Apr 3 Apr 17 May 1 May 15 Jun 12 Jun 26

MEA01 QUA01E QUA01E SPS11 WKR01 SPS11 FOM01 DAM15 GE001L01 PLA03 REF09 WCS04

Measuring Inspecting Repairs for Quality Control Inspecting Repairs for Quality Control Sectioning of Steel Unitized Structure Hazardous Materials, Personal Safety and Refinish Safety Sectioning of Steel Unitized Structure Automotive Foams Advanced Steering & Suspension Damage Analysis Understanding Cycle Time Process Plastic and Composite Repair Color Theory, Mixing Toners and Tinting Squeeze Tight Resistance Spot Welding

Dates

Class #

I-CAR Class, Port Chester, NY

Jan 4 Feb 1 Mar 1 Apr 5 May 3 Jun 7

STE04 CPS01 SPS10 WCS04 FFR01 VT117L01

Wheel Alignment and Diagnostic Angles Corrosion Protection Replacement of Steel Unitized Structures Squeeze Type Resistance Spot Welding Full Frame Partial Replacement Vehicle Technology Trends and Diagnostic Overview

Contact: Victoria Herrmann 914-922-9462 • 914-606-1810 • victoria.herrmann@kemperle.com

Valuable Training for Our Valued Customers. Get the training you need at our local training facilities. Class size is limited, so, sign up today!

8400 New Horizons Blvd., Amityville, NY 11701

631-608-6240 • www.kemperle.com New England Automotive Report

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12 April 2018

New England Automotive Report


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AASP/MA ASKS YOU TO PLEASE SUPPORT

in Massachusetts April 4, 2018 Automotive Foams Bay Path Regional Vo-Tech High (Charlton) Automotive Foams Enterprise Rent-A-Car (Burlington) Automotive Foams Essex Technical High School (Hathorne) April 9, 2018 Advanced Steering & Suspension Systems Damage Analysis Putnam Vocational Technical Academy (Springfield) April 18, 2018 Adhesive Bonding Enterprise Rent-A-Car (Burlington)

Contact AASP/MA at (617) 574-0741 / ckane@aaspma.org for information on additional AASP/MA sponsorship opportunities!

April 24, 2018 Automotive Foams Upper Cape Cod Regional Technical School (Bourne)

For more information, visit i-car.com

New England Automotive Report

April 2018

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14 April 2018

New England Automotive Report


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AASP/MA Spring Event MASSACHUSETTS

MASSACHUSETTS

BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

May 2, 2018

Doubletree Hotel - 5400 Computer Dr., Westborough, MA

10am-3pm Manufacturers’ Repair Procedures Seminar for Shop Owners & Technicians 10:00am - 11:30am Vendor Exhibitor Booths - 10:00am - 3:00pm (“Exclusive Vendor Hour” 11:30am-12:30pm)

Keynote Luncheon featuring Attorney Todd Tracy - 12:30pm OPEN FORUM: EVERYTHING OEM Panelists from Top Auto and Paint Manufacturers Providing Insights and Answering Your Questions This educational offering will open our Spring Summit: 10am

BRINGING THE BEST TO AASP/MA IN 2018! Attorney Todd Tracy ANATOMY OF A LAWSUIT The Crucial Details of the $42 MILLION Verdict Featuring: • Avoid your own $$$$ verdict • Jury Validates OEM Procedures • Whose Liability Is It?

TICKET PRICING AASP/MA Members: $50* Non-Members: $100 (Includes AM Seminar & Keynote Luncheon)

VENDOR EXHIBIT TABLES AASP/MA Members: $500* Non-Members: $1,000

SPONSORSHIP OPPORTUNITIES Company-Hosted Luncheon Table AASP/MA Members: $500* Non-Members: $1,000 (Includes 10 Event Tickets with reserved preferred seating at Keynote Luncheon)

*Must be current in dues

To register, please call the AASP/MA office at (617) 574-0741 or email Colleen at ckane@aaspma.org 18 April 2018

New England Automotive Report


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20 April 2018

New England Automotive Report


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[LOCAL] NEWS

ADALB Approves Changes to Complaint Application At its February 27 meeting at the Division of Insurance in Boston, the Auto Damage Appraiser Licensing Board (ADALB) voted unanimously to approve revisions to its Complaint Application. The vote changes the current language from, “I attest that the information provided is true, correct and complete to the best of my knowledge” to, “I affirm and verify under the pains and penalties of perjury that the information provided is true, correct and complete to the best of my knowledge. I am aware that a penalty of perjury may be imposed as provided for under M.G.L. Chapter 268, §1A when a statement or declaration signed under the penalties of perjury is willfully false in a material matter.”

Complete video of the February ADALB meeting is available in the Members Only section of aaspma.org.

ADALB member Rick Starbard

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

LET US TURN THEM AROUND! Contact New England Automotive Report Sales Director Alicia Figurelli (973) 667-6922 alicia@grecopublishing.com

New England Automotive Report

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[LOCAL] NEWS

CREF Career Fair Set for April 26 On April 26, the Collision Repair Education Foundation (CREF) will host the Boston High School & College Transportation Career Fair at the Assabet Valley Technical High School in Marlborough. The morning/afternoon event will place Massachusetts auto body, mechanical and transportation students in direct one-on-one contact with repair service facilities, insurers and other industry companies. AASP/MA member business Fuller Auto Body and Collision Center (Auburn) will be returning to the Career Fair and is one of several area collision repair businesses already signed on to attend. “We believe very strongly in the Career Fair and educating current students,” says Kerri Cunningham, Fuller Auto Body and Collision Center’s business development and marketing manager. “About 50 percent of our [shop’s] workforce right now came from vocational schools; we recruited them, and they are longterm, dedicated employees. It’s very beneficial for us to get in on that ground floor and offer the students an opportunity at establishing a long-term career.” Fuller Auto Body and Collision Center has enjoyed a long and prosperous history with the vocational side of the industry. The shop’s current production manager, Rick Horne, is a graduate of Assabet, while three current team members are working in the business’ refinishing and accounting departments through its ongoing co-op partnership with Bay Path Regional Vocational Technical High School. Tyler Warren, who went through the co-op program before being hired full-time at the shop, will be on hand at this year’s Career Fair to share his experiences. “We thought it would be a great idea for him to come and talk to the students,” Cunningham says. “It wasn’t long ago that he was one of them himself, and he has worked his way up from a lube tech in our oil change department to now being the lead in the refinishing department.” In addition to participating in the Career Fair, Cunningham always has her door open to any Massachusetts automotive repair and/or service student who wants to check out Fuller Auto Body and Collision Center’s extensive auto body, refinishing and mechanical divisions.

“There’s more out there in this industry than most students think there is. The technical advancements are amazing. We position ourselves to be there on the top of it, so we’d like to find some qualified employees and students who are willing to join our team and continue to meet the automotive needs of all of our customers as we have been doing for the last 104 years.” Originally launched in 2014, the CREF Career Fair has been hosted nearly 100 times to date at a variety of vocational schools across the country. According to CREF Director of Development Brandon Eckenrode, hundreds of students from throughout the Commonwealth are already committed to attending the Marlborough gathering – something that has caused tremendous excitement among the new and returning exhibitors. “The companies have been very appreciative, and we’re seeing a wide variety of industry segments represented.” Exhibitor spots for the Career Fair were still available at press time. A $1,000 fee provides an exhibiting vendor with a display table and an electronic copy of the student résumé registration list. The funds received from these exhibitor fees will help assist in the transportation needs of participating schools and provide special “tech” shirts for their students. In other CREF news, the Foundation is currently accepting applications for its 2018 Ultimate Collision Education Makeover school grants now through June 1. Last year, CREF announced more than $600,000 in grants supported by donations from industry partners and local I-CAR committee fundraising activities. Awarded every fall during the annual SEMA Show, these grants of varying amounts help schools with needed tools, equipment, materials and supplies. For more information, email Eckenrode at Brandon.Eckenrode@ed-foundation.org. Founded in 1991, the Collision Repair Education Foundation is a not-for-profit organization dedicated to supporting collision repair educational programs, schools and students to create qualified, entry-level employees and connect them with an array of career opportunities. More information is available at CollisionEducation Foundation.org. MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

22 April 2018

New England Automotive Report


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SMALL PARTS, BIG HEARTS.

MINI of Warwick Maintains an Infinite Inventory of Original MINI Parts.

• Experienced and dedicated MINI Parts Staff • Extensive inventory of collision parts and components

• Fast and free delivery • Fax or email will speed your order fulfillment

MINI OF WARWICK

1515A Bald Hill Road Warwick, RI 02886 Wholesale Direct at 401-824-2313 Fax 401-824-2251 janine.brown@penskeautomotive.com MINIOFWARWICK.COM Hours: M-F: 8:00-5:00 Sat: 8:00-3:00 © 2018 MINI USA, a division of BMW of North America, LLC. The MINI name, model names and logo are registered trademarks.

WE SUPPORT YOUR BUSINESS WITH ORIGINAL BMW REPLACEMENT PARTS. · Our BMW Parts Professionals know BMW vehicles better than anyone else. · Same day delivery on all in-stock parts, next day on non-stock items. · Fax or emailing your order will speed processing and delivery to your location.

BMW OF WARWICK 1515 Bald Hill Road, Warwick, RI 02866 Parts Direct at 401-824-2321 Fax 401-826-1204 ldisaia@penskeautomotive.com Hours: M-F: 8:00-5:00 Sat: 8:00-4:30 European model shown

New England Automotive Report

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WE KNOW WHAT YOU’RE THINKING. YOU WANT TO KNOW IF THE PART’S IN STOCK , HOW MUCH IT COSTS, AND WHEN IT’S GONNA GET THERE. We get it. You want the best part for a Toyota, but you’ve got to know when and how much. Well, now you can. In addition to tools that can help you find and order the right VIN-based parts, now you can see if it’s in stock, schedule the delivery, even see your shop’s net price from your participating Toyota Dealer.* Now you’re thinking: “Cool!”

ToyotaPartsAndService.com

©2014 Toyota Motor Sales, U.S.A., Inc.

For Toyota Genuine Parts please call one of these authorized local Toyota Dealers: Copeland Toyota 970 West Chestnut Street Brockton, MA 02301 Toll Free: 800-856-1172 Fax: 508-559-9264

wholesaleparts@copelandtoyota.com www.copelandtoyota.com/wholesaleparts

Prime Toyota of Boston 1605 VFW Parkway West Roxbury, MA 02132 PH: 617-469-1022 Fax: 617-469-8987 www.driveprime.com kmcisaac@driveprime.com

24 April 2018

IRA Toyota of Manchester 33 Auto Center Road Manchester, NH 03103 Toll Free: 800-828-6076 Direct: 603-657-2410 Fax: 603-657-2419

Wellesley Toyota 216 Worcester Street Wellesley, MA 02481 PH: 800-734-0006 Direct: 781-237-4042 FAX: 781-237-3481

stirrell@iramotorgroup.com www.iramotorgroup.com

parts@wellesleytoyota.com www.wellesleytoyota.com

IRA Toyota Danvers 161 Andover Street Danvers, MA 01923 PH: 800-774-8411 ext.1 Direct: 978-739-8306 FAX: 978-739-8098 www.iramotorgroup.com

New England Automotive Report

Bernardi Toyota 1626 Worcester Road Framingham, MA 01702 Parts Direct: 800-248-3033 FAX: 508-879-7895 www.bernarditoyota.com


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[LOCAL] FEATURE by Joel Gausten

A LEADER REFLECTS: Catching up with Paul Hendricks

New England Automotive Report: Obviously, many people in the industry know you through your time with MABA and later with AASP/MA. What led you to become involved in association life to begin with?

Hendricks was honored during AASP/MAs 2016 Casino Night for his years of service to the industry.

B

efore his retirement from the collision repair field (and from his long-running business – Hendricks Auto Body in Uxbridge) in 2016, Paul Hendricks spent decades working on behalf of his fellow repairers through his involvement in the Massachusetts Auto Body Association (MABA) and later the Alliance of Automotive Service Providers of Massachusetts (AASP/MA). While serving as president of MABA, he was an instrumental part of the association’s merger with the Central Massachusetts Auto Rebuilders Association (CMARA) and AASP/MA in 2010. A true industry advocate who’s never been afraid to speak his mind, Hendricks looks back on his past as an association member, shares his thoughts on where the industry is today and offers advice for anyone looking to improve their standing in this profession. 26 April 2018

New England Automotive Report

Paul Hendricks: Back in the ’70s, I was working in a body shop up in Worcester called Ace Auto Body, which was owned by Jim Angelico. They were very involved in the association. I would attend a million meetings, and I could see how these guys were sticking together. The first association was actually called the Massachusetts Auto Body Shop Owners Association – MABSOA. It changed to MABA in the mid-’80s. The guy I was working for was involved in the licensing of appraisers and the beginning of the association. That’s basically where I got my start. It was a whole different crew back then: Tom O’Malley, Brad Beaty, Joe Valarioti, Walter Thomas. I was the young kid on the block back then. I actually didn’t become a member of the Board until around 2000. I first got involved on the body side after I left Fireman’s Fund Insurance when they left the state. NEAR: What ultimately led you to make collision repair your life’s work? PH: I just loved cars, and I was always involved in the industry. In our generation in the ’60s, we raced and built cars. We were a speed generation; we had muscle cars. I loved automobiles, so I stayed with it, but I was always on the administrative end of it. I went to school and learned a lot about cars. I used to teach the appraisal course for Northeastern University in Boston. Later, I had my own book published for appraisers by the Sanger Corporation in the beginning of the ’90s; every student who took the course had to buy the book. I had four instructors working for me; it was great. NEAR: You were involved in MABA when the association merged with AASP/MA and CMARA a few years ago. How do you think this merger has ultimately impacted the collision repair industry in Massachusetts? PH: It’s definitely been an asset to the industry. The first question out of everybody’s mouth is, ‘What has the association done for me?’ How many times have we heard that in our lifetime? But if you go way back, we had zero regulation and zero people to fight for us. If we had an issue with an insurance company, we had no one to go to. There was nothing. There were 12 chapters in Massachusetts for MABA in the early ’80s. In 1982, we lobbied to form the Auto Damage Appraiser Licensing Board [ADALB]. Mike Dukakis was the governor; he was the one who appointed


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Paul Hendricks (second from right) was an active part of the association for decades. everyone. Even though the Board was established, the state never funded the money, because there was no allocation for it. The association had to fight to get that done so that the Board could actually work. Without the ADALB, the insurance companies would just be running rampant and doing whatever they wanted. At least now they had someone to answer to. I was fortunate enough to be the president of MABA when the merger happened. It was all through the help of the Board of Directors. It was a joint effort. We knew that if we merged, we would have a statewide association representing us. AASP is national, of course, so it was important for us to do that. We needed to increase membership and get more people involved. [ThenAASP/MA President] Rick Starbard, [then-CMARA President] Tom Ricci and I had different ideas in some cases, but we knew we could all put it together as gentlemen – and we did. I personally feel that it was one of the best things for the state.

What do you see as the major things impacting the auto body field these days? How can the association work to address those matters moving forward?

NEAR: How are you enjoying your retirement?

PH: Being a part of the associations helped my business grow because I met other body shops. The meetings are not a waste of time – either locally or nationally. Every time I would go to a meeting, I would be sitting and talking with someone else. Again, that’s how I got into the industry – by going to meetings. We all have the same problems; education helps us immensely. It taught me that I’m the boss. If you want an insurance company to run your business, go ahead, but I didn’t choose to get on any lists. Because I was able to get educated, I got paid for everything that I did, and I knew how to climb the ladder. I learned that through the associations. Educate yourself and educate the customer, and you will get what you want if you know you’re right.

PH: I love it! I’ve always had motorcycles, so I do a lot of riding. I have no problem taking off for a week. I have a brother in Florida, so I’ve been down there a few times. I joined a rod and gun club – I hadn’t shot a gun since I was in the military 50 years ago! I love it; I’m already on the Board of Directors there! I’m really enjoying myself. I still own an appraisal company called Technical Appraisal that I’ve had since the ’60s. I still do arbitration and stated values through that. There are a couple of shops I’m still friendly with that ask me to come over once in a while, and I still get phone calls from a few people in the industry. NEAR: Since you’re still in touch with people, I’m sure you’re aware of the issues going on in the industry now.

PH: The Labor Rate is always an issue, and I think technology is another issue that shops are going to face. The smaller shops are going to have to learn how to better manage themselves. I think AASP/MA should be running management courses and educating people on their bottom lines and how to accurately write appraisals. Hands-on education is the most important thing that associations can offer. Everything I learned was through the associations. They say there’s strength in numbers. That’s true, but the numbers need to be educated. NEAR: When you look back on your years in the associations, how would you say being a part of those groups most impacted your success as a business owner?

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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Contact these Ford or Lincoln Mercury dealers for all your parts needs:

IMPERIAL FORD 6 UXBRIDGE ROAD MENDON, MA 01756 Toll Free Parts: 877-272-0332 Toll Free Fax: 877-800-6316 E-mail: johnl@imperialcars.com First Time Customers call John

© 2017, Ford Motor Company

SARAT FORD LINCOLN MERCURY 245 SPRINGFIELD ST. AGAWAM, MA 01001 413-786-0430 FAX:413-789-3715 www.saratford.com

SENTRY FORD LINCOLN 4100 MYSTIC VALLEY PARKWAY MEDFORD, MA 02155 PARTS: 617-506-6309 FAX: 781-874-9934 E-mail: pnewell@sentryautogroup.com

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It Takes Genuine Honda Collision Repair Parts To Achieve a Genuine Honda Fit. Honda collision repair parts are engineered and manufactured to Honda standards. In the collision-repair business, time is money, and you can’t waste time on parts that almost fit properly. Use Genuine Honda replacement parts. Your reputation depends on it. For Genuine Honda parts, contact these Authorized Honda dealers.

Bernardi Honda 960 Worcester Road Natick, MA 01760 Parts Direct: 800-247-3033 FAX: 508-651-1220 www.bernardihonda.com

Lia Honda of Northampton 293 King Street Northampton, MA 01060 Toll Free: 800-369-7889 Direct: 1-413-586-6043 FAX: 1-413-585-0502 www.liahondanorthampton.com

Honda North 382 Newbury Street Danvers, MA 01923 Toll Free: 800-882-9797 FAX: 978-774-9483 e-mail: eadams@iclautos.com www.hondanorth.com

Kelly Honda 540 Lynnway Rt. 1A Lynn, MA 01905 Parts Direct: 800-779-7466 FAX: 781-595-2898 e-mail: mpsomosjr@kellyauto.com

Honda of Enfield 20 Palomba Drive Enfield, CT 06082 Toll Free: 800-222-6632 FAX: 860-253-5419 www.liahondaofenfield.com

Schaller Honda 1 Veterans Drive New Britain, CT 06051 Toll Free: 800-382-4525 Direct: 860-826-2080 FAX: 860-826-2083 e-mail: jkiniry@schallerauto.com www.schallerauto.com

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New England Automotive Report

Lundgren Honda of Auburn 525 Washington Street Auburn, MA 01501 Toll Free: 800-777-2044 FAX: 508-721-0872 e-mail:pmccarthy@lhonda.com www.lhonda.com


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[NATIONAL] NEWS

LKQ Sues Homeland Security over Aftermarket Parts Seizure

Are aftermarket parts “virtually identical” to the original equipment manufacturer (OEM) products they are designed to emulate? If so, are the companies that import aftermarket products guilty of trademark infringement? These are the questions at the heart of an intriguing case currently unfolding in Delaware that could have a serious impact on the future of non-OEM parts in the American marketplace. In February, LKQ Corporation and Keystone Automotive Industries, Inc. filed a lawsuit in the Delaware District Court against the United States Department of Homeland Security and Homeland Security Secretary Kirstjen Nielsen after thousands of non-OEM grilles that LKQ were importing began being seized by customs officers last spring under the guise of trademark infringement. LKQ and Keystone call the detention and seizure of these items “arbitrary, capricious, an abuse of discretion or otherwise not in accordance with law.” In April 2017, United States Customs and Border Protection (the largest federal law enforcement agency of the Department of Homeland Security) began what the suit calls “a campaign of erroneously applying the Tariff Act” to LKQ’s imported repair grilles. This campaign has since resulted in more than 165 seizures in California, Georgia and Minnesota and what LKQ and Keystone call “the unlawful detention, seizure and threatened forfeiture of thousands of LKQ’s products embodying hundreds of different grille designs.” In each instance, Customs and

Border Protection contended that the seized grilles were “counterfeit” of one or more of the registered and recorded automaker trademarks for Ford, BMW, Chrysler, Honda, Hyundai, Toyota and Mazda. According to a February 8 story on law360.com, LKQ is alleging that “the parts aren’t counterfeit because many final agency reports ‘concede’ that a number of them were not ‘virtually identical’ to the automakers’ trademarks.” LKQ argues that the seized grilles did not infringe on trademarks for Ford and Chrysler grilles and “cannot be considered counterfeit because they are authorized to be manufactured, imported and sold pursuant to confidential design patent license agreements that LKQ entered into” with those automakers. Additionally, LKQ notes that it had contacted each of the remaining automakers to request that they provide consent to Customs and Border Protection for LKQ to import the non-OEM products. However, only BMW did so by the time of the filing, LKQ is seeking “relief from baseless and excessive fines,” the release of any detained, seized or “imminentlyto-be-forfeited” repair grilles and the waiver of any associated storage fees and costs. Additionally, they are asking to be awarded “damages in an amount to be determined in the course of litigation.” New England Automotive Report’s requests to LKQ for a comment on the case were not returned by press time. MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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Unsurpassed Quality. Genuine Hyundai Parts. HYUNDAI IS PROUD OF ITS REPUTATION FOR QUALITY AND SERVICE. SO ARE THE DEALERS AND BODY SHOPS WHO RELY ON GENUINE HYUNDAI PARTS. TO MAKE CERTAIN THAT YOU GET THE RIGHT HYUNDAI PART, ASK FOR A HYUNDAI WHOLESALE PARTS SPECIALIST.

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[COVER] STORY by Joel Gausten

To Scan or Not to

Scan? There is

NO Question! As reported in our November 2017 issue (“Your Voice is Heard: AASP/MA Member-Driven Push Prompts Revised Honda Position Statement”), American Honda Motor Co. recently made substantial revisions to its muchdiscussed 2016 position statement on scanning. This came after New England Automotive Report received information from area shops that a few insurers were defending their non-payment for the procedure by stating that the document only applied to 2016-and-newer vehicles. With Honda’s revised statement making it abundantly clear that all Honda or Acura vehicles capable of being scanned must have the procedure performed, there should have been little debate moving forward. However, recent reports from Massachusetts repairers indicate that the manufacturer’s efforts to address the scanning issue have fallen on deaf ears on more than one occasion. One of the repairers to bring the matter to our attention last year, AASP/MA Vice President Adam Ioakim, tells us that presenting the insurer with the revised Honda position statement (as well as our previous cover story on the subject) did nothing to resolve that 36 April 2018

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company’s refusal to pay. “They basically said they didn’t care, their position was the same and that the vehicle was too old to be scanned. The attitude seems to be, ‘We’re not paying for this – what are you going to do about it?’” Unfortunately (but not surprisingly), this is far from an isolated incident. Ioakim says that a small group of carriers have taken a similar stance in regard to scanning, often arguing that OEM position statements are only a recommendation and not a requirement. This ongoing problem has led the frustrated shop owner (and the rest of his team) to use a troubling saying around the office: “It’s not good enough to be right anymore.” Despite this escalating resistance, Ioakim is unwilling to back down in his commitment to following OEM procedures. When some insurers draw a line in the sand on scanning and other recommended operations, he notifies his customers of the insurer’s deficiency and warns they will most likely have a balance bill if it can’t be resolved by the time the repairs are completed. “We say to them, ‘You contracted with us, and we performed the repairs. Your insurance company didn’t reimburse you in full for the actual cost of your repairs.’ I don’t know what else to tell them. Even if I was not a Honda-certified shop, I would still be performing the repair this way.” Fortunately, this approach has generally been a success. “Ninety-nine percent of the customers who come to us know our reputation. We give them an excellent education about the fact that they came to us to repair their car safely and properly, and our goals may not always align with their insurer’s. They are an insurer – not a repairer.” With the reverberations of the recent John Eagle case causing many shops to re-think their obligations in the repair process, Ioakim isn’t about to take any chances with something as obviously necessary as performing

pre- and post-repair scans. “Frankly, we’re not going to take the risk. If a customer tells us they don’t want us to do scans, we’re most likely going to tell them to take their vehicle somewhere else. Even if they sign something that says they don’t want their car scanned, and you’re the expert and know better, should you really be okay with that?” As OEMs continue to release position statements encouraging vehicle scanning, shops and insurers alike are poring over each and every word in these documents to help prove their standing. While the vast majority of automakers have stated on paper that shops must perform scans on their vehicles, a few instead use “recommended” or “highly recommended” in their verbiage – and that’s exactly what a small number of carriers are reportedly using to wiggle out of their financial obligation. But shouldn’t “recommended” be enough to convince an insurer to agree to the importance of pre- and post-repair scans? Massachusetts-based attorney James Castleman thinks so. “Ultimately, it’s left to the repairer’s best judgement. But obviously, if the manufacturer is recommending it, that sets the industry standard, in my opinion. If repairers are required to repair vehicles to the industry standard, they should be following the OEM recommendations. “I keep going back to the John Eagle case. If you don’t do it and there’s a safety issue you don’t pick up on, then who’s responsible? It might be an interesting conversation for shops to have with their liability carriers. What’s the exposure if they don’t do a scan and somebody gets hurt as a result of it?” To illustrate the importance of following proper procedures, Castleman relayed a recent conversation he had with a shop owner who performed a scan on a vehicle after he installed an aftermarket bumper cover. The scan failed due to the fact that the bumper cover was a different weight than the

OEM version – something that could impact the performance of an airbag when it’s deployed. “This shop owner said, ‘I don’t know if there’s anything in the car anymore that isn’t safety-related.’” In addition to employing Ioakim’s aforementioned method of balancebilling the customer, Castleman suggests that shops file a complaint with the Auto Damage Appraiser Licensing Board (ADALB) if an appraiser fails to write for scanning or any other procedure that is necessary for a repair. Additionally, he notes that shops can get customers to assign their rights to that business, which can then sue the insurer in small claims court for the short-pay. In addition to shops utilizing customer authorization forms to get vehicle owners on board with scanning, some repair facilities are going a step further by adding language in these documents that relieves them of liability in the event that a scan doesn’t pick up all the issues in a damaged automobile. This could be viewed as a precautionary step for shops that use secondary market scanners that might not be updated as frequently as the automaker-approved equipment available in the marketplace – or even as a way to address a situation where an OEM tool experiences a technical issue. Castleman suggests that things are not necessarily black and white when it comes to using this kind of wording to address aftermarket scan tools. “It becomes a question of what the industry standard is. If the industry accepts these secondary-market scanners because it’s really financially impossible for a shop to have scanning equipment from every manufacturer, is that the standard? The only way you’re going to determine that is when somebody gets sued someday and a jury decides. “If the industry standard is to use aftermarket equipment, I can see why it would be a good idea to let their continued on page 50

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IRA Audi 105 Andover Street Danvers, MA 01923 800.774.8411 Parts Direct: 978.605.2182 email: pwalke@iramotorgroup.com www.iraaudi.com

Audi Shrewsbury 780 Boston Turnpike Shrewsbury, MA 01545 508.581.5880 Fax: 508.581.5880 email: parts@wagnermotors.com www.audishrewsbury.com

Hoffman Audi 700 Connecticut Blvd East Hartford, CT 06108 860.282.0191 Fax: 860.290.6355 www.hoffmanauto.com

Mattie Audi 80 William S. Canning Blvd. Fall River, MA 02721 800.678.0914 Fax: 508.730.1283 www.mattieaudi.com

Audi Cape Cod 25 Falmouth Road (at the Hyannis Airport Rotary) Hyannis, MA 02601 PH: 508.815.5600 FAX: 508.568.9410 www.audicapecod.com

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GENUINE NISSAN PARTS

MAKE ALL THE DiFFERENCE.

Only Genuine Nissan Parts deliver the fit, reliability, and performance to meet your shop’s collision repair needs. So keep it original, and keep it real with Genuine Nissan Parts. Contact these Nissan dealers for all your parts needs: Kelly Nissan-Infiniti 155 Andover Street, RTE 114 Danvers, MA 01923 Main: 978-774-1000 Direct: 866-883-7093

Mastria Nissan 1305 New State Highway Raynham, MA 02767 Direct Toll Free: 800-248-2458 Direct Fax: 508-802-6118 E-mail: parts@mastrianissan.com Web: www.mastria.com

Kelly Nissan of Lynnfield 275 Broadway (Route 1) Lynnfield, MA 01940 Toll Free: 1-800-698-9280 Fax: 781-598-8026 E-mail: BSherman@Kellyauto.com

Kelly Nissan of Woburn 95 Cedar Street Woburn, MA 01801 Phone: 781-835-3510 Fax: 781-835-3580 E-mail: jon.martins@kellyauto.com www.kellyauto.com

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[LEGAL] PERSPECTIVE by James A. Castleman, Esq.

Update on Involuntary Tow Rates

possession), there is a contractual

without the prior consent or

Massachusetts, the general rule is that

obligation to pay the charges. In fact,

authorization of the owner or

you can set your maximum charges

a federal statute enacted in 1995

operator of the motor vehicle.�

for these services at whatever amount

prohibits states or other government

you choose. As long as you let the

authorities from limiting or otherwise

regulates both towing and storage

vehicle owner or their authorized

regulating most tow and storage

rates in involuntarily settings.

representative know in advance what

rates.

However, the manner in which

If you tow or store vehicles in

Massachusetts, like most states,

Massachusetts regulates these rates is

your charges are (either by having the

The major exception to the

person sign a repair order or another

general rule is for vehicles that are

document agreeing to the charges or

involuntarily towed and stored. This

by posting them conspicuously in

includes vehicles that are towed by

your shop), and as long as the owner

order of the police or other public

or someone with their authority

authority as well as vehicles that are

sets a fixed maximum rate for

agrees to the services, you can set

towed because they are parked on

involuntarily towed vehicles. To

your rates at whatever you think you

private property without the

change the maximum storage rate

need to get.

authority of the property owner.

requires the Massachusetts legislature

different for towing and storage. StoRAgE RAtES For storage, there is a statute that

Specifically, the federal statute says

to enact an amendment of the statute,

that a vehicle owner’s insurer is going

that the general rule “does not apply

something that is not an easy task. In

to pay your charges if the carrier

to the authority of a State or a political

1989, a maximum rate of $20 per 24-

thinks that they are unreasonable.

subdivision of a State to enact or

hour period (not per day) was set in

However, between you and the car

enforce a law, regulation or other

the statute. That rate remained

owner (or any other authorized

provision relating to the regulation of

constant for over 20 years until 2010,

person who has placed the car in your

tow truck operations performed

when the statute was finally amended

That does not necessarily mean

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to allow a maximum rate of $35 per 24-hour period. That

local maximum tow rates if they do not exceed those set by

continues to be the established maximum rate for storage of

the DPU.

involuntarily towed vehicles today.

The DPU sets the maximum allowed rates for

Importantly, the maximum rate applies only to non-

involuntary towing and related services by regulation. This

commercial vehicles with a maximum capacity of nine

includes setting rates for non-commercial and commercial

persons. No limit is set for the storage of commercial

towing as well as setting separate rates for mileage

vehicles or passenger vehicles with a larger capacity.

allowances, additional man hours needed and various

Additionally, the maximum rate of $35 applies “only to

other services that may vary from tow to tow. One would

lighted, outside storage facilities enclosed by a secure fence

think that it would be easier to amend a regulation in order

or other secure barrier at least six feet in height.” For other

to change established rates rather than to enact a statute,

outside storage facilities, the maximum rate is only half that

but that is not always the case. While the DPU would have

amount. Interestingly, the statute does not address a

the power to change rates on its own, in reality, tow rates

maximum rate for inside storage of an involuntarily towed

are changed only when an interested party petitions the

vehicle.

DPU to do so. That interested party has always been the Statewide Towing Association (STA).

tow RAtES

Prior to 2017, tow rates were last set by a change in the

With regard to tow rates, the statute does not set a fixed

regulation made in 2004. However, there was an

rate but rather delegates the obligation and authority to set

amendment to the governing regulation in 2008 that did

the maximum rates for involuntary towing of vehicles to

allow a fuel surcharge adjustment based on the varying

the Massachusetts Department of Public Utilities (DPU).

cost of diesel fuel. In August 2013, STA filed a petition with

Notably, the statute also gives municipalities the right to set

the DPU to amend the applicable regulation, asking that

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[LEGAL] PERSPECTIVE rates be raised across the board to reflect increased costs. The DPU did amend the regulation, but it took almost four years – until June of 2017 – to issue the final amended regulation. The 2017 regulation made various changes to acceptable maximum tow rates and also cleaned up the structure of the regulation, eliminating confusing “Note” adjustments and clarifying some definitions. Among the major changes in the regulation were the following: The maximum allowed charge for a basic tow for either a commercial or noncommercial vehicle was raised from $90 to $108. A basic tow does not require any extraordinary services and includes towing of up to five miles and up to one hour of “service or waiting time.” Service or waiting time is the time spent by the tow carrier’s service vehicle at the scene of a tow waiting to provide service, winching or using the service vehicle’s industry standard tools or equipment. If service or waiting time exceeds an hour for non-commercial vehicles, the rate for additional waiting time went up from $35 to $42 per half hour. This charge cannot be made for trespass or snow removal tows. If a tow is longer than five miles, the maximum charge for each additional mile was raised from $3 to $3.60 per mile for non-commercial vehicles and from $4.25 to $5.40 per mile for commercial tows. As before, mileage is generally measured on a roundtrip basis from the carrier’s garage and back. If the service vehicle is dispatched from a different location, the one-way mileage may be doubled. If more than one non-commercial vehicle is transported between cities or towns, and if mileage is more than five miles, the vehicle’s GPS system is to be used instead of using the old MILO Mileage Guide to calculate the mileage, doubling a one-way mileage measure to reach the roundtrip charge allowed. When additional labor is needed to remove a non-commercial disabled vehicle from a scene, the maximum rate per man hour (or part thereof) went up from $32 to $38.40. Additional labor time may be charged from the time the person leaves the carrier’s garage until he returns. If an additional service vehicle is needed for a non-commercial tow, then the maximum charge for the additional vehicle now cannot exceed $108, up from the prior $90 allowed charge. This is another charge that cannot be made for trespass or snow removal tows. For non-commercial vehicles, if extraordinary or additional services are needed that are beyond the capabilities of the carrier, then the carrier may charge for those services at their actual cost. Such services may include renting cranes or bulldozers, employing specialized labor or utilizing HAZMAT services.

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Wheel Collision Center For commercial vehicles, as before, there is little limit on reasonable charges that may be made for “recovery” of a disabled vehicle. Recovery includes wrecker working, winching, waiting time, clean up time and the provision of special equipment needed to place a disabled motor vehicle in position to be towed. For these services for a commercial vehicle, the carrier can establish the charges. This part of the regulation recognizes the complexity of towing various types of commercial vehicles from diverse sites and in unique situations.

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regulation has been retained. It now,

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however, is applicable only when the

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US Department of Energy-published

1.800.292.RIMS (7467)

The fuel surcharge provision of the

price of diesel fuel exceeds $2.622 per gallon rather than the prior $1.7606 per gallon. This reflects the embedded fuel charge assumed by the regulation in setting the newly allowed rates. The complex formula for determining the actual fuel surcharge has also been tweaked based on the new baseline fuel price and newly calculated embedded fuel charges. As before, while not in the regulation, there are certain additional fees that the DPU has allowed to be charged, as stated in a separate opinion letter from a few years ago. These include reasonable gate or yard fees and other incidental fees if (to the extent practicable) the tow carrier notifies the vehicle owner or operator, insurers and police in advance of its intention to charge these fees. MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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New England Automotive Report


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Genuine Replacement Parts For the Road Ahead.

Avoid problems down the road that will cost you time, money and customers. Choose Genuine Subaru Replacement Parts, engineered to fit better today, and perform better tomorrow.

For Genuine Subaru Body Parts, contact an Authorized Subaru Dealer. Long Subaru 7 Sutton Rd., Webster, MA 01570 800-982-2298 Fax: 508-879-1212 tschube@longauto.com New England Automotive Report

April 2018

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Prompt &  Dependable Delivery

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48 April 2018

www.firstfordma.com

New England Automotive Report

508.316.8410 280 East Washington St. North Attleboro, MA 02760

www.firstchryslerma.com


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Boston High School & College Transportation Career Fair Thursday, April 26, 2018 Assabet Valley Technical High School 215 Fitchburg St. - Marlborough

The Collision Repair Education Foundation will be organizing a transportation (collision, auto service, heavy duty, etc) career fair in the Boston area on April 26 that will be attended by hundreds of high school & college students and industry employers. Don’t miss out on this opportunity to meet industry employers.

Event Details 8:30am-2pm - Event open to students to attend and meet industry employers. • All grade levels welcome to attend, not just seniors. • 20+ industry vendors/employers are anticipated to be at the event. • Lunch will be provided for all attending students. Interested in participating as a vendor/sponsor? Contact: Brandon.Eckenrode@ed-foundation.org

Funds raised during this event will support local high school and college collision repair school programs and students.

www.CollisionEducationFoundation.org New England Automotive Report

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[COVER] STORY continued from page 37 customers know that they’re using this equipment and that there is a chance it may not catch everything.” As shops and insurers continue to battle over word usage in position statements – and what each side considers to be fair compensation for scanning – the fact remains that modern technology in automobiles necessitates a much closer diagnostic effort than ever before. Perhaps the greatest weapon in the war between shops and insurers on scanning is basic common sense. In the words of James Castleman: “If you have certain symptoms and you go to a doctor and it’s recommended – but not required — that you have an X-ray, isn’t it really the same thing as a car that needs a scan so the shop can really find out what the problems are?”

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AU M TIVE AUT T TI TIV ADVERTISER’S INDEX Accudraft Paint Booths ............................OBC AkzoNobel......................................................19 Audi Group ....................................................40 Audi Shrewsbury ..........................................25 Axalta Coating Systems..................................6 BASF ..................................................................9 Best Chevrolet/Best CDJR ........................IFC BMW Group ......................................................14-15 BMW/Mini of Warwick................................23 Colonial Auto Group ......................................4 Empire Auto Parts ........................................34 Enterprise........................................................40 First Chrysler-Dodge-Jeep-Ram ..................48 First Ford ........................................................48 First Hyundai ................................................48 Ford Group ....................................................29 Future Cure/DriveBlueBuzzard.com ........21 Honda Group ................................................30 Hyundai Group ............................................35 Imperial Ford ................................................29

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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New England Automotive Report

Ira Subaru ......................................................13 Ira Toyota of Danvers....................................12 Kelly Automotive Group ..........................IBC Kemperle ........................................................11 Kia Group ......................................................46 Linder’s, Inc. ................................................50 Long Automotive Group ..............................17 Mazda Group ................................................16 McGovern Chrysler Jeep Dodge Ram ........43 Mercedes-Benz of Shrewsbury ....................25 Mopar Group ................................................28 Nissan Group ................................................41 PPG ....................................................................3 Robertsons GMC Truck ................................34 Sarat Ford Lincoln ........................................39 Sentry Group..................................................33 Spanesi ............................................................48 Subaru Group ................................................47 Tasca Group....................................................20 Toyota Group ................................................24 Volvo Group ..................................................32 VW Group ......................................................38 Wagner BMW of Shrewsbury ......................25 Wagner Kia of Shrewsbury ..........................25 Wellesley Toyota/Scion ................................39 Wheel Collision Center ................................45


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New England Automotive Report April 2018  

Official Publication of the Alliance Of Automotive Service Providers Massachusetts (AASP/MA)

New England Automotive Report April 2018  

Official Publication of the Alliance Of Automotive Service Providers Massachusetts (AASP/MA)