January 24, 2014

Dear NJGCA Member:

Thank you for reading this week's NJGCA Road Warrior!

RIGHT TO REPAIR MEMORANDUM OF UNDERSTANDING SIGNED!!
NJGCA SURVEYS -- SELF-SERVE AND STAGE II VAPOR RECOVERY
STATE OF EMERGENCY AND PRICE GOUGING LAWS IN EFFECT

Well folks, we have at last scored a MAJOR victory in the fight for Right to Repair, although it is not without some serious concerns. I won't dive too extensively into the history of the Right to Repair movement, since most of you should know it by now. The fight for Right to Repair has been going on for over ten years, with New Jersey and Massachusetts being the primary battlefields.

In October 2008, the NJ General Assembly passed Right to Repair, but unfortunately it stalled in the Senate. In 2012, advocates in MA were able to go around the Legislature and put the issue on the ballot. Knowing that the voters would overwhelmingly approve of Right to Repair, the manufacturers came to the table and compromised to unanimously pass a bill granting Right to Repair. Ultimately, the ballot initiative passed too, meaning there were two conflicting R2R laws on the books.

It took all of 2013 for the various parties to come together and draft a final law governing R2R in MA. This final law extended the R2R provisions to heavy duty vehicles over 14,000 pounds, though not to motorcycles or for "heavy duty vehicles built to custom specifications sold for commercial purposes".   The manufacturers and representatives of the independent auto repairers also spent the whole year trying to put together a Memorandum of Understanding that would enact Right to Repair nationwide.

In the meantime, in New Jersey we were able to get the General Assembly to again pass Right to Repair, this time by an even larger 58-15 bipartisan margin. The national groups had already long passed their deadlines for a national MOU, and it was unclear when things would be sorted out.

Yesterday we got the news: the MOU has finally been written, agreed to, and signed by the parties involved (which includes all major car manufacturers). Does this means that Right to Repair is now in effect in New Jersey? The answer is : Not quite yet....but we are getting closer.   I am in the process of analyzing this recent development to compare with what we feel YOU need for protection. Once I make that determination I'll let you know what I think the best course of action will be. You can read the full Memorandum of Understanding by clicking here:

Here's what I know so far: for all passenger motor vehicles Model Year 2002 and newer, the manufacturer must sell to owners and independent repair facilities (IRFs) the same diagnostic and repair info that the manufacturer makes available to their dealers and in the same form and extent that it is available to dealers. The manufacturer must sell access on a daily, monthly, or yearly subscription basis on fair and reasonable terms. This means, for example, that if your business works on Hondas every day, you would want to buy a yearly subscription to the diagnostic info, while if you only work on BMWs once or twice a month, you would just get a daily subscription when you need it. The decision is yours.

The manufacturers will also have to sell the same diagnostic tools at fair and reasonable prices that they make available to their dealers. The manufacturers also have to work with aftermarket companies and give them the info necessary to make their own versions of these tools.

Starting with Model Year 2018, the manufacturers will have to provide access to all of their vehicle's onboard diagnostic and repair information through use a basic, off the shelf personal computer (PC).

There are some other provisions that protect the manufacturers; they don't have to provide the info to reset an immobilizer system or give up certain 'telematics' info (unless that info is necessary for repairs).

As for enforcement, if an IRF or owner feels that the manufacturer is violating the MOU, there are procedures to ensure compliance, including the taking of the matter before a special panel made up of representatives from both the manufacturers and IRFs.

For most of you reading this, this is great news. You know how the manufacturers have been trying to squeeze you out of the market for years by preventing R2R. Now, when a customer brings in a passenger vehicle you won't be forced to send them off to the dealership simply because you're lacking a special code. I have no doubt that the efforts in NJ, by NJGCA and our dedicated members, have played a big effort in getting this accomplished. Believe me, this is not something the manufacturers wanted to do, this is something they were dragged into kicking and screaming. Our work here in NJ made it clear that if they didn't make a good agreement, they could wind up with 50 different agreements in each state.

We do, however, have some serious reservations about this MOU that indicate that our Right to Repair fight may not truly be over. While heavy duty vehicles in MA are mostly included, nationally THEY ARE NOT. I know that there are some members out there who deal heavily or nearly exclusively with heavy duty and commercial vehicles, and I am troubled that they were left out of the national MOU despite being included in MA law.

My understanding was that the whole point of a national agreement was so that there would only be one set of standards, now there are two: one for Massachusetts and one for the other 49 states. If the manufacturers are able and willing to comply with the MA law on heavy duty, they should be able to comply with it everywhere.

Another significant change is with enforcement. When a law is passed, it's the government that enforces it under the threat of fines. This, however, is enforced by a separate "Dispute Resolution Panel (DRP)." I am cautiously optimistic that this system will prove to be effective, since there will be strong advocates for independent repairers on the panel, and there is a provision for a complainant unhappy with the DRP's decision to pursue further legal measures.

The MOU also strips out most of the dealer protections that are in the MA law, specifically a provision that would allow dealers access to the same info IRFs are when the dealer works on an off-brand vehicle. If I were a car dealer I would be unhappy with this, but that's not our issue.

The last issue that we have to contend with is the fact that an MOU is not as permanent as a law is. With the consent of the parties involved, it can be altered or changed. Ultimately, I just plain don't trust the manufacturers. And based on your experiences, I don't think any of you will blame me! Therefore, I am leaning heavily in the direction of continuing the fight for Right to Repair legislation here in New Jersey with a bill very close to what exists in Massachusetts. This would undermine the manufacturers' argument that it's a bad idea to have 50 different policies in every state. If it can work in MA, it should work in NJ too... WE'VE EARNED IT.

Your help will be critical in whatever we do because our national allies have agreed to sit out any R2R fights in the states as a condition of the MOU. I will let you know what our strategy will be on this issue soon. In the meantime, feel free to email me your thoughts; I think we will be sending out a survey on the issue as well in the next week (I am getting to love this new survey tool!)

Speaking of surveys, I am pleased with the response that we have gotten thus far on the self-serve survey, however, we have had less participation in the vapor recovery survey than we need. I have not re-sent the vapor recovery survey because we are concentrating on the self-serve survey, in anticipation of legislation being introduced (several legislators have already discussed it with me, and I need to have a strong idea of where our membership stands on the issue.) The vapor recovery survey is available on our homepage and I encourage you all to take the time to fill it out. Please do not ignore our requests! The self-serve survey will be emailed out again on Monday, so please look for it and follow the link to make sure your opinion is heard!

Finally, I want to remind everyone that we are currently in a State of Emergency as a result of the snow on Tuesday. I did not send a Wildfire out because we just sent one a few weeks ago. The rules are always the same. The gouging laws go into effect for every businesses and every industry in the state, and they stay in effect until 30 days after the State of Emergency is rescinded. When a storm is coming, people line up at your pumps, and practically run you dry. Consumers seem willing to pay almost any price to get the gasoline that they so desperately rely on. Dishonest retailers might take advantage of this situation, knowing that their gas will sell, no matter the price. This is the reason that these gouging laws were put into place in 2005 after Hurricane Katrina The bottom line is, you know what's right and wrong... If you stick with what's right, you don't have to worry.

Thanks for reading -- See you next week!

Regards,
Sal Risalvato,
Executive Director

Do you have a business for sale? Are you looking for a new location or opportunity?

NJGCA also assists members in selling equipment through the placement of advetisments in Road Warrior!

If you'd like to list your business for sale, publish a location you're selling, or are seeking a business partner for your establishment, please contact NJGCA at 973-376-0066!

1/22/2014:
State Tobacco Legislative Update
With the New Year underway and state legislative sessions beginning to convene, tobacco-related legislative bills have begun to be introduced. In NJ, Assembly Bill 1308 increases the tax on little cigars to equal the tax rate imposed on cigarettes ($2.70 per pack). Assembly Bill 2021 reduces the cigarette tax rate by 30 cents/pack, and Senate Bill 602 raises the minimum age to purchase tobacco products and e-cigarettes from 19 to 21. In NY, Senate Bill 6255 exempts e-cigarettes from state taxation. Assembly Bill 6393 increases the legal age to purchase tobacco products from 18 to 19. Assembly Bill 7105 and Senate Bill 4863 raise the legal age to purchase tobacco products from 18 to 21, and finally, Assembly Bill 1179 and Senate Bill 5686 bans the sale of flavored tobacco products. We will be closely monitoring the progress of this legislation in both states.

1/22/2014:
Electric Car Risk: Different, Not Worse, Says Top NHTSA Regulator
Are electric cars as safe as cars with internal-combustion engines? That's been the subject of much debate--not to mention inaccurate media coverage--but the truth may entail more than a simple "yes or "no." During an interview at the 2014 Detroit Auto Show, National Highway Traffic Safety Administration (NHTSA) deputy administrator David Friedman told Bloomberg Businessweek that electric cars don't pose a greater safety risk than gasoline cars. But, he said, they do pose different risks. Friedman--who currently leads the NHTSA --said an agency team, including engineers and people who study consumer behavior, is now investigating drivers' perception of electric cars. He said consumers "aren't used to the new challenges that electric vehicles pose." Those might range from the need to monitor external equipment connected to the car, including charging apparatus, to an awareness that electric cars' range can be greatly affected by speed, use of accessories like heaters, and the ambient temperature. To read more about the different safety concerns and challenges that electric vehicles pose, please read the above article.

1/22/2014:
Thirteen Indicted in Gas Station Skimming Scheme
Thirteen people were indicted this week for stealing motorists' bank data using skimming devices at gas stations throughout the southern United States. According to documents filed in court, the top four defendants used credit-card skimming devices to copy credit and ATM numbers, as well as personal identification numbers (PINs), that individuals used at Raceway and RaceTrac stations in Texas, Georgia and South Carolina. The skimming devices were internally installed and, therefore, undetectable to victims who paid at the pumps. The devices were also Bluetooth enabled, so the defendants did not have to physically remove the skimming devices in order to obtain the stolen personal identifying information. To read more about this security breach and how consumers and retailers have been affected, please click the link above.

1/21/2014:
Can Hydrogen Fuel Cells Drive Cleaner Vehicles in New Jersey?
Hydrogen Full-Cell Technology is virtually pollution-free, but without refueling stations -- as well as cars, buses, and trucks -- it may be going nowhere fast. When it comes to cleaning up New Jersey’s polluted air and reducing greenhouse gas emissions from vehicles, much of the attention has focused on electric plug-in cars, and larger trucks and buses running on compressed natural gas. Not a whole lot of notice has been directed to fuel-cell electric vehicles running on hydrogen, whose only emission is water vapor -- not counting the natural gas often used to produce the hydrogen. But Linde North America, a firm based in Murray Hill, is joining the U.S. Department of Energy in a private/public partnership to advance the building of a hydrogen-fueling infrastructure to support cleaner transportation options for consumers around the nation. Please read the rest of this article to get the full update on this new alternative fuel technology.

TRAINING CLASSES!!
-ALL CLASSES WILL BE HELD AT NJGCA HEADQUARTERS-
66 Morris Avenue - Springfield, NJ 07081 (Union County)

FUTURE CLASSES WILL BE ADDED UPON REQUEST AND ACCORDING TO DEMAND. CONTACT DEBBIE at 973-376-0066 or DEBBIE@NJGCA.ORG TO LET HER KNOW YOU ARE INTERESTED IN TAKING A SPECIFIC CLASS. THIS WILL ALLOW US TO GAUGE YOUR NEEDS AND KEEP TRACK OF THOSE WISHING TO PARTICIPATE!!

We have had a number of NJGCA members successfully reduce their rate per kWh signing up through our energy saving program. We know it's difficult to collect 12 months worth of previous electric bills to get an "accurate" analysis when comparing a variable rate to a fixed rate, but we now have another option available.

This new solution is a power purchase option; the other program is still in full force and has saved members thousands of dollars. If you sign up for the power purchase option, you will be grouped with other NJGCA members until the minimum KW demand is acquired. By pooling the member's usage together, you will be able to take advantage, as large energy users do, and receive a lower kWh rate.

Each member will receive their own contract. Each member is responsible to sign and return the agreement the day it is received in order to secure the price for their group.

Please do your due diligence, so when you receive the proposal and the agreement you will be able to make an intelligent decision.

If by chance, you still want us to assess you bills, to give you a price to compare, we will require12 months of your most recent utility bills.

There are no bills required, but we would still like to have one bill per meter on file to check account #'s, meter #'s service addresses and other pertinent information incase there is a problem.

The term of the agreement is for 12 months. During this term period, you will have price protection against any energy price increases along with a low fixed kWh rate.

If you are interested in becoming part of this power purchase option, please contact Greg Cannon at the NJGCA.

Remember when you sign up your energy through the NJGCA Energy Program, TMP makes a considerable donation to the NJGCA Scholarship Fund through their proceeds. This has no affect on your rate, and costs you nothing out of pocket.

We hope to help hundreds of NJGCA members reduce their utility costs by participating in this and our other cost reduction programs. Our purpose, in the endeavor, is to help NJGCA members lower their energy costs while supporting the NJGCA Scholarship Fund.

Contact GREG CANNON at 973-376-0066 or email Greg at greg@njgca.org. Mention that you are interested in saving money on your energy bills. NJGCA & TMP Energy Solutions will handle all the rest.

POLITICAL PARTICIPATON: THE NJGCA PAC

DEFENDING OUR MEMBERS.
PROTECTING YOUR INTERESTS.
ANSWER THE CALL & CONTRIBUTE TODAY!!

Promoting our agenda in Trenton is of utmost importance to NJGCA and our members.

However, in order to truly affect the debate, we must ensure our friends in the Legislature are re-elected. It is for this reason that your Association has established the NJGCA PAC.

For too long, the weight of funding our Political Action Committee, the arm of the Association responsible for political donations, has rested upon a few. This is not only unfair to those few members who have shouldered this burden, but means we are not utilizing our full strength to affect the debate in Trenton.

To truly understand the importance of supporting our allies, consider our successes in Trenton:

We defeated BELOW COST SELLING
We made history in getting FIRST RIGHT OF REFUSAL signed into law!
We have built large support for RIGHT TO REPAIR and got it passed out of the Assembly
We defended your small business against the false accusations of Attorney General Anne Milgram
We gained wide support to move New Jersey to an all PIF Inspection System and close the CIF lanes
...and MUCH MORE!!

In each instance, we achieved these goals with the help of our friends in the Legislature!

If every member contributes just $100.00 we will be able to provide the help necessary to ensure victory for our allies.

PLEASE SEND YOUR CONTRIBUTIONS TO:
NJGCA PAC
66 Morris Avenue
Springfield, NJ 07081
Please make your donation payable to NJGCA PAC

I understand that times are tough for all NJGCA members, but this is just as important as any battle we have fought in the past.

We have made great progress in Trenton. I hope that you will answer the call.

THE MEMBER TOOL BOX

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