GNYADA September 2017 Newsletter

DMV Updates Window-Tint Inspection Rules

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DMV has issued a clarification that a vehicle should only be rejected if any part of the windshield below the top six inches, or the AS-1 line (whichev- er is lower) allows less than the required light transmittance. The AS-1 line extends across the windshield, starting from the AS-1 indicator, which is typically printed on the pas- senger side of the windshield. DMV’s message about this rule change can be reviewed at: https://www.nyvip.org/PublicSite/Pag es/NewsViewer.aspx?ID=36 Customers May Fix Too-Dark Tint Prior to Inspection: NYVIP2 Message 233 states that dealers and safety inspectors may

DMV recently distributed two mes- sages to vehicle inspection stations in New York State, regarding updates to window-tint testing requirements. Each of these updates represents helpful clarifications for dealers: Windshield Shade-Band Confusion Addressed: NYVIP2 Message 227 updates DMV’s original testing instructions, which stated that a vehicle must fail inspection if any part of the wind- shield below the top six inches allows less than the required light transmit- tance. However, some manufacturers affix vehicles with shade bands that extend more than six inches down from the top of the windshield, and this created an issue for inspectors.

now advise customers that their vehicle’s windows may be too dark to pass inspection and recommend that they have the tint removed before the inspection. DMV announced this revision to its vehicle inspection pro- cedures to reduce customer inconven- ience and complaints. DMV’s message about this rule change can be reviewed at: https://www.nyvip.org/PublicSite/Pag es/NewsViewer.aspx?ID=42 The Association thanks DMV for listening to dealers’ concerns and adjusting tint-inspection requirements for both dealers and customers.

Termination for Illegal Conduct Off-the-Clock GNYADA’s Employee Relations Plan (ERP) was recently presented with a question regarding how to handle a valet who had been caught stealing car parts outside the workplace and out- side of work hours. Upon reviewing the facts, it was determined that termi- nating the employee would be lawful, because the nature of this off-the-job crime made the valet a clear on-the- job liability. However, dealers are still advised to exercise caution before ter- minating an employee who allegedly commits a crime outside of work. Illegal Off-Hours Activity To be a terminable offense, the crime should be directly related to the work- er’s essential job functions, as in the case of the valet. If the crime is unre- lated to the employee’s duties, termi- nation may violate rehabilitation laws or civil rights laws. On the matter of criminal convictions, New York law requires employers to consider several additional factors when determining whether a convicted Access to employment law experts is the number one benefit of ERP membership. If your dealership is not an ERP member, contact Sue Bieber, Susan@gnyada.com , to join. Find out more about proper discipline and termination at the Annual Labor Law Seminar on October 18 and 19. 13 individual should be terminated.

Annual Labor Law Seminar | October 18 or 19, 2017 Stay up-to-date and compliant with the latest developments in labor law CHOICE OF DATES:

Center for Automotive Education & Training 15-30 Petracca Place, Whitestone, NY 11357 To register, please contact: Kelsey at kelsey@gnyada.com or 718.746.5900 x273 Save the Date

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

The Newsletter • September 2017

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