GNYADA December 2018 Newsletter

7 eMV-50 Program GNYADA COMMUNICATING DEALER CONCERNS Since the Department of Motor

GNYADA explained dealers’ specific issues. In response to conference calls and follow-up discussions in which DMV acknowledged rollout problems, DMV made changes and improvements, including: Continuing to supply paper MV- 50s to help dealers avoid a busi- ness shutdown; Authorizing the helpline to pro- vide a “secret code” so that deal- ers can complete the registration process without further delay; Allowing partner dealers to issue temporary registrations when DMV offices are closed; and Working with Vanguard to improve customer service, after learning of the inadequacies of n n n n administrative decision that Tesla’s Galleries were “engaging in the busi- ness of selling or offering for sale” vehicles in violation of CT law, which says that a manufacturer may not sell vehicles directly to customers. Tesla argued that because the sales paperwork was completed online, not at the Gallery, that the Gallery did not violate CT law. The Court found that taking customers on test drives, assisting them in configuring the

the VERIFI helpline staff, includ- ing long wait times and inability to respond to dealer inquiries. The Association continues to careful- ly monitor VERIFI’s progress and to work with DMV on a regular basis to explain the disruption to dealership operations. GNYADA will continue to be available to assist dealers with any ongoing issues. Thanks to the Association’s conversations with the NYC Department of Consumer Affairs and the DMV, NYC Dealers no longer need to retain separate paper Police Books.

Vehicle’s electronic MV-50 program, VERIFI, has launched, GNYADA has fielded hundreds of calls from dealers and continues to address dealers’ difficulties with both DMV and VERIFI, operated by Vanguard, DMV's contracted vendor. At GNYADA's urging, DMV has issued over 30 Tips of the Day to address common dealer questions. Check GNYADA’s website, which has a new section for VERIFI news and updates. Dealers will find all DMV Tips of the Day catalogued. After DMV announced VERIFI’s phased-in rollout in September,

8 GNYADA Franchise Counsel Wins Against Tesla in CT The Association congratulates Bass Sox Mercer, its franchise counsel, on its important win against Tesla in

vehicle, and providing financing/leas- ing information amounted to engag- ing in the business of selling or offer- ing vehicles for sale. The Court also ruled against Tesla’s argument that the law as applied violates its right to commercial speech and due process rights. Tesla still has the right to challenge the decision by appealing to the Connecticut Supreme Court.

Connecticut Superior Court following Tesla’s appeal of an administrative decision by the Connecticut DMV. BSM partners, Jason Allen and Shawn Mercer, represented the Connecticut Auto Retailers Association in the administrative hearing and on appeal. The Superior Court affirmed the

2019 GNYADA Membership Renewal The Association would like to thank you for your membership over the past year. If you have not done so already, we encourage you to renew for 2019. Your GNYADA membership includes contributions to GNYADA’s Political Action Fund and provides you with Newsletters, e-bulletins; on-call experts to assist with dealership issues; visits from GNYADA Field Reps who provide compliance info, forms, signage, and more; the Membership Directory; educational and training programs; discounts on products and services, and so much more. For more info or if you have any questions, please call Jennifer Berman at 718.746.5900 ext. 235 or email jennifer@gnyada.com .

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Greater New York Automobile Dealers Association • www.gnyada.com

The Newsletter • December 2018