New England Automotive Report September 2020

Serving the New England Collision and Mechanical Repair Industry

"Your Massachusetts Auto Body Association"

SEPTEMBER 2020 U.S.A. $5.95

PROTECTING CONSUMERS AND THE COLLISION INDUSTRY

O PE N

MASSACHUSETTS

FOR BUSINESS:

Past, Present and Possibilities

The

of COVID-19 Loans PLUS: Is the Massachusetts Tow Lien Law Unconstitutional?

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COLONIAL NISSAN 104 Mystic Avenue Medford, MA. 02155 Phone Number: 781-395-3025 FAX Number: 781-475-5063

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: 617-826-5013 FAX Number: 617-489-0733

COLONIAL FORD OF PLYMOUTH 11 Pilgrim Hill Road 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: 877-289-0053 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

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

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

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BMW of Stratham 71 Portsmouth Avenue Stratham, NH 03885 PH: 603-772-0000 FAX: 603-772-9436 bmwofstratham.com

Tulley BMW of Nashua 147 Daniel Webster Hwy Nashua NH 03060 PH: 603-888-5050 FAX: 603-888-8427 tulleybmw.com

New Country BMW 1 Weston Park Ave. Hartford, CT 06120 PH: 860-240-7881 FAX: 860-240-7873 newcountrybmw.com

BMW of Warwick 1515 Bald Hill Rd. Warwick, RI 02886 PH: 401-821-1510 FAX: 401-823-0530 bmwofwarwick.com

BMW of Sudbury Wholesale Parts 68 Old County Road Sudbury, MA 01776 PH: 800-338-3198 FAX: 508-881-7578 bmwofsudbury.com

©2020 BMW of North America, LLC. The BMW name, model names and logo are registered trademarks.

4 September 2020

New England Automotive Report

CONTENTS

September 2020 • Volume 18 No. 9

DEPARTMENTS VICE PRESIDENT’S MESSAGE by Kevin Gallerani 6 | A Lifeline in Lean Times

EXECUTIVE DIRECTOR’S MESSAGE

by Evangelos “Lucky” Papageorg

10 | “Just the Facts, Ma’am. Just the Facts”

NATIONAL NEWS

14 | SCRS Launches Blueprint Optimization Tool (BOT) 16 | Jeff Peevy Named I-CAR VP of Technical Products, Programs and Services

16 | SEMA Show Canceled; Industry Groups Plan Alternative Events

AASP/MA Member Spotlight

22 | Entwistle’s Garage by Alana Bonillo

LEGAL PERSPECTIVE

34 | Is the Massachusetts Tow Lien Law Unconstitutional?

By James A. Castleman, Esq.

FEATURES 9 | AASP/MA MEMBERSHIP APPLICATION

28 | COVER STORY by Joel Gausten

18 | AASP/MA VENDOR AFFINITY PROGRAM SPONSORS

and Possibilities of COVID-19 Loans

ALSO THIS ISSUE

ADVERTISERS’ INDEX Accudraft Paint Booths ................................OBC Audi Group ....................................................12 Balise Wholesale ............................................11 Best Chevrolet ..............................................23 BMW Group............................................................4 BMW/Mini of Warwick....................................13 Boch Chevrolet............................................38,42 Boch Hyundai ..........................................38, 41 Collision Supplies ..........................................39 Colonial Auto Group ....................................IFC Empire Auto Parts..........................................40

OPEN FOR BUSINESS: The Past, Present

Ford Group....................................................32

Network 1 Solutions ......................................39

Genesis of Norwood........................................42

Nissan Group ................................................20

Honda Group ................................................17

PPG................................................................3

Hyundai Group ........................................38, 41

Quirk Wholesale Parts ....................................21

Ira Subaru......................................................14

Reliable Automotive Equipment ........................7

Ira Toyota of Danvers ......................................15

Sarat Ford Lincoln..........................................36

Kelly Automotive Group ................................IBC

Sherwin Williams ..........................................24

Kia Group......................................................41

Subaru Group ................................................25

Linder’s, Inc. ................................................32

Toyota Group ................................................27

Long Automotive Group ..................................31

Volvo Group ..................................................42

Mazda Group ..................................................8

VW Group ....................................................33

McGovern Chrysler Jeep Dodge Ram ................37

Wellesley Toyota/Scion ..................................36

Mopar Group ................................................19

Wheel Collision Center ..................................40

New England Automotive Report September 2020 5

VICE PRESIDENT’S MESSAGE

A Lifeline in Lean Times KEVIN GALLERANI

national information possible. We have worked with entities including new AASP/MA member MassPay in linking shops directly with subject matter experts on the rapidly changing regulations and requirements affecting our businesses and employees. We have held online Zoom meetings to stay connected with shops throughout our state, and we have also remained committed to supporting our valued sponsors who have helped us provide these services during such rocky times. “United we stand” has never meant more to our industry than it does right now, and we can only rise above our current situation if we continue to work together.

If you need help or resources in your push against COVID-19, please let us know. We are here to be your lifeline and assist you in any way we can.

It sure feels like summer is in the air, but it definitely doesn’t feel that way at my shop these days.

My business is located in an area that benefits greatly from tourism this time of year. Obviously, that hasn’t been the case this season. Sure, some people are on the roads in our area, but their destinations are often limited. We’ve seen a very small increase in claims over the last few weeks, but they pale in comparison to what we would normally expect. At the same time, I’ve had to lay some people off as our PPP loan winds down. I’m showing up to my shop and working every day, but it’s been very difficult to have a solid plan for the future.

I know this sounds familiar to most of you reading this, so I don’t need to keep focusing on the negative. I’d rather use my message this month to remind you that you are never alone as a member of AASP/MA, and help and resources are always available to you. Since the beginning of this pandemic, the association has been providing our members with the most up-to-date state and N

E

W

E

N

PROTECTING CONSUMERS AND THE COLLISION INDUSTRY

MASSACHUSETTS

AASP/MA VICE PRESIDENT KEVIN GALLERANI is vice president of Cape Auto Collision Center in Plymouth, MA. He can be reached at (508) 747-0316 or kevin@capeautobody.com

G

L

A

N

D

AUT M TIVE AASP/MA EXECUTIVE COMMITTEE

STAFF PUBLISHER

GRAPHIC DESIGNER

Thomas Greco - thomas@grecopublishing.com

Lisa M. Cuthbert - lisa@grecopublishing.com

SALES DIRECTOR

EDITORIAL/CREATIVE COORDINATOR

Alicia Figurelli - alicia@grecopublishing.com

Alana Bonillo - alana@grecopublishing.com

EDITORIAL DIRECTOR

PRODUCTION

Joel Gausten - joel@grecopublishing.com

Donna Greco - donna@grecopublishing.com

TREASURER Matthew Ciaschini IMMEDIATE PAST PRESIDENT Paul Hendricks LEGISLATIVE/ADALB COMMITTEE CHAIRMAN Tom Ricci

PRESIDENT Molly Brodeur VICE PRESIDENT Kevin Gallerani SECRETARY Gary Cloutier

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

COLLISION DIRECTOR Rob DelGallo

AT-LARGE DIRECTOR Adam Ioakim

AASP/MA DIRECTORS Ray Belsito

Kevin Kyes

Rick Fleming

Frank Patterson

Joshua Fuller

Mike Penacho

Andrew Potter Dana Snowdale

Bill Spellane Brian Stone

AASP/MA ADMINISTRATIVE OFFICE -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 © 2020 by Thomas Greco Publishing, Inc. Images courtesy of www.istockphoto.com

WWW.AASPMA.ORG 6 September 2020

New England Automotive Report

Evangelos “Lucky” Papageorg: AASP/MA Executive Director

Alana Bonillo: AASP/MA Administrative Assistant P.O. Box 212 Marlborough, MA 01752 617-574-0741

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Quirk Auto Dealers 115 E. Howard St. Quincy, MA 02169 Toll Free: 877-707-8475 Balise Mazda 635 Riverdale St. West Springfield, MA 01089 TOLL FREE: 800-992-6220 FAX: 800-254-3544 wparts@baliseauto.com www.BaliseWholesaleParts.com One Call, One Truck for Eleven Brands!

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YES Please list my business as an AASP/MA member in good standing on the AASP/MA website for consumers to consider using for the collision repairs and assistance with the claims process.

I understand this is a member benefit (_________ initials Date ___/____/2020) !

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New England Automotive Report September 2020 9

EXECUTIVE DIRECTOR’S MESSAGE

“Just the Facts, Ma’am.

Just the Facts.”

EVANGELOS “LUCKY” PAPAGEORG

These are familiar and iconic words for those of us old enough to remember hearing them uttered by Detective Joe Friday of Dragnet fame in the late 1960s.

It would be great in today’s day and age if more of our decisions were based on “just the facts” rather than propaganda and misleading statements. Facts are documentable and indisputable.

These documentable facts continue to be collected

by AASP/MA with the assistance of National AutoBody Research (NABR) via submissions to the Variable Rate System (VRS) survey and the BillableGenie program. The ongoing survey has been made possible by the generous sponsorship of FinishMaster. Hundreds of Massachusetts-based surveys, as well as thousands of payment documents from across the country, have been received. In Massachusetts, over 1,270 such documents (the highest percentage of all participating states) have been forwarded to NABR. The documents collected disprove the “we don’t pay for that” myth. The paid insurer documents, in combination with customer pay documents and VRS Market Survey data, also help establish market rates by state, regionally and locally – NOT rates that are artificially set and controlled by referral contracts and programs.

Insurers have established referral contracts and programs to control and stifle the entire collision repair industry’s ability to survive and keep pace with rising costs and advancing technology.

We all know, as with any retail industry, that the market should control the fair pricing and rates being charged for services. These rates will and should vary based upon a repairer’s experience, know-how, training, OEM certifications and equipment. The VRS survey takes all these factors into account during the survey process. Questions above and beyond, “What do you charge per hour?” are asked to more accurately understand what a shop is submitting as their posted Labor Rate. To date, 360 Massachusetts shops have completed the VRS Market Survey, and many have revised their answers numerous times to reflect changes in the cost of doing business – Basic Economics 101. It is absurd to think ANY and ALL businesses do not have increases in the cost of doing business as time passes. It is a common business practice that these costs are reflected in the cost of services provided. Well, it’s at least common if you are not being artificially controlled by the insurance industry, which pretty much follows the common

10 September 2020

New England Automotive Report

business practice of, “When costs go up, insurance policy rates go up.”

Since AASP/MA undertook the accumulation of survey results by NABR, the overall average rate paid out by insurers in Massachusetts has not risen enough to get us out of 50th place in the nation, but all is not lost. More and more shops are more closely analyzing their costs and adjusting their posted rates accordingly. The average reimbursement insurance rate is still below $40 per hour; however, we have seen an increase in the posted/customer pay rates in the state. The VRS survey results in April and May of 2019 showed an average posted body Labor Rate of $40.95 for the initial respondents. As more surveys have been collected, there has been a significant increase in the posted rates to a current posted Labor Rate of $57 per hour for body labor. There have also been significant increases in the other surveyed categories. (See the latest Damage Report for figures.)

Interestingly, the Labor Rate averages vary by where in the state the shop is located. Again, Economics 101: There is a higher cost of doing business in metropolitan areas versus suburbs versus rural. It only stands to reason that Labor Rates and charges should reflect that fact. The one-reimbursementLabor-Rate-fits-all approach the insurance industry employs is flawed and NOT founded in fact. The NABR survey results are current and fluid, not the decades old and carved-in-stone figures in some of the surveys that out-of-state insurers rely on. The only thing a decades-old survey result is good for is to work on a decades-old vehicle a decade ago!!!!

Please note that I have initially stressed reimbursement Labor Rate. This is the rate the insurer is willing to reimburse their insured for the services you have performed and accepted the liability for doing so. IT IS NOT THE SAME AS SAYING IT IS WHAT YOUR WORK IS WORTH!!!! The sooner this realization is made, the sooner we will see an increase in the labor that customers are reimbursed.

A rate that is reflective of 2020, not 1980. There are countless shops here in Massachusetts that have made this realization and are thriving because of it.

We have had this conversation countless times.

We are making headway. More and more shops are understanding that in order to survive and THRIVE, they must be paid properly for their services if they expect to be able to continue. To that end, they have become more ardent negotiators on procedural items

and hourly reimbursement rates using documentation tools at their disposal.

One of these great tools is the BillableGenie (BG) program offered by NABR. This tool has been proven to assist shops in the negotiating process.

In particular, when the “we don’t pay for that” mantra is used by the appraiser representing the insurance company, you can prove them wrong using the BG documents submitted here in Massachusetts and across the country and say, “Oh yes, you do. You paid for it here and here, as well as on these claims.” If for some reason you are still denied, the next question should be, “Why is my customer or my shop less deserving of proper reimbursement for repair procedures at a fair market Labor Rate to perform these operations while accepting all the liability?” BG gives you the documented facts, which you can also share with your customer to show them their insurer is treating them differently (unfairly).

Take the time to discuss this with your customer. Discuss, not complain. Make comparisons they can relate to. Refer to technicians in other fields: Mechanics, plumbers, electricians or even bicycle repairers. Remember, you ARE worth it – and your customers do know it. It’s just like when a person goes to the doctor

and pays what the insurer refuses to cover. They don’t like it, but they pay it and go back to the same doctor the next time as long as they have been treated fairly and were provided quality care. YOU are the doctor for their vehicle.

Today more than ever, when insurers are exploiting the COVID-19 crisis to make ridiculous profits and take redlining to a whole new degree of abuse, you need to have the documentation

Insurers have established referral contracts and programs to control and stifle the entire collision repair industry’s ability to survive and keep pace with rising costs and advancing technology.

available to change, “No, we don’t pay for that” to, “I see your point and will work with you.”

AASP/MA has been assisting shops throughout this challenging time. We are also gearing up for the legislative session, which has been extended, to advance our agenda items. As an industry participant, you must be a part of our growing membership. The more shops that understand the

Continued on page 37

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New England Automotive Report September 2020 11

Audi dealers strive to make you an Audi Genuine Parts fan •

Audi Parts professionals are your subject matter experts on collision parts, replacement components and mechanical items.

•

Many Audi dealers offer technical service support hotline access that can reduce your repair times and help you meet an on-time promised delivery.

•

Installing Audi Genuine Parts contributes toward improved cycle time that helps make both your customer and their insurance company happier.

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Regardless of the age of your customer’s Audi, Audi dealers have access to over 200,000 part numbers.

No other supplier comes close.

Helping you do business is our business. Order Audi Genuine Parts from these select dealers.

Audi Natick 549 Worcester Street Natick, MA 01760 www.bernardiaudi.com 800.247.3033 Fax: 508.651.6841

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

12 September 2020

New England Automotive Report

Audi Peabody 252 Andover Street Peabody, MA 01960 800.774.8411 Parts Direct: 978.605.2182 email: pwalke@iramotorgroup.com www.audipeabody.com

Mattie Audi 80 William S. Canning Blvd.

Fall River, MA 02721 800.678.0914 Fax: 508.730.1283 www.mattieaudi.com

ORIGINAL MINI PARTS.

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

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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 © 2020 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.

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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

· Fax or emailing your order will speed processing and delivery to your location. © 2020 BMW of North America, LLC. The BMW name, model names and logo are registered trademarks.

New England Automotive Report September 2020 13

[NATIONAL] NEWS

SCRS Launches Blueprint Optimization Tool (BOT) The Society of Collision Repair Specialists (SCRS) has officially launched the Blueprint Optimization Tool (BOT), its game-changing and award-winning technology first introduced at the 2019 SEMA Show. The first half of this year was spent testing the product via various pilot shops and finalizing the development phase.

“We found our way through some of the challenges that presented themselves right after SEMA and finished our test cycle positively,” comments SCRS Executive Director Aaron Schulenburg. “We got such good feedback from the pilot businesses utilizing it. We are proud of the fact that many of them wanted to be the many first folks who transitioned into a paid subscription base. We crossed all the t’s, dotted all the i’s and are ready with a product we are

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New England Automotive Report

very confident will have a positive impact on the collision repair business.”

Powered by NuGen IT, the repairer-focused BOT is a Microsoft Windows software application that automates the print version of SCRS’ Guide to Complete Repair Planning. The BOT application operates alongside of the respective P-Page logic estimating application and utilizes Collision Industry Electronic Commerce Association (CIECA) estimate data to analyze the

Continued on page 38

New England Automotive Report September 2020 15

[NATIONAL] NEWS

CAnCeLed; Industry Groups Plan Alternative events

SEMA, the Specialty Equipment Market Association, has announced that due to COVID-19 and concerns that event facilities and services will be unavailable, the SEMA Show will not be taking place in 2020.

While both event organizers and industry members had been working to still host the SEMA Show at the Las Vegas Convention Center in November, mounting uncertainty rendered continuing with the event inadvisable. SEMA expects the decision will bring much-needed clarity to an

Continued on page 37

Jeff Peevy named I-CAR VP of Technical Products, Programs and Services I-CAR has announced the addition of renowned collision repair industry veteran Jeff Peevy, AMAM, to its executive leadership team as vice president – technical products, programs and services.

In this new role, Peevy will spearhead the strategic development and growth of all I-CAR curriculum and technical relations efforts while leveraging his 20-plus years of executive management experience in the industry. Most recently, Peevy served as president of the Automotive Management Institute (AMI) since 2015 and as the 2019-2020 chairman of the Collision Industry Conference (CIC). He also shares a long and successful history with I-CAR, where he served as senior director of field operations and led I-CAR’s collision repair segment team before his AMI post.

“I am thrilled to be returning to I-CAR during a time when its mission could not be more important to an industry I respect deeply,” Peevy says. “I-CAR has made significant, important and beneficial progress over the past five years, and I’m both humbled and honored to return to work alongside the I-CAR family of professionals who share the same passion for doing the right thing – and that’s squarely fixing cars right. I can’t imagine a more important role that can truly strengthen and benefit our industry in the years to come.”

PROTECTING CONSUMERS AND THE COLLISION INDUSTRY

MASSACHUSETTS

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New England Automotive Report

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 canâ&#x20AC;&#x2122;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

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

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

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

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

Balise Honda 400 Riverdale St. West Springfield, MA 01089 TOLL FREE: 800-992-6220 FAX: 800-254-3544 wparts@baliseauto.com www.BaliseWholesaleParts.com One Call, One Truck for Eleven Brands!

Balise Honda of West Warwick 509 Quaker Lane West Warwick, RI 02893 TOLL FREE: 800-992-6220 FAX: 800-254-3544 wparts@baliseauto.com www.BaliseWholesaleParts.com One Call, One Truck for Eleven Brands!

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

New England Automotive Report September 2020 17

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18 September 2020

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Thanks to our VAP members for their continued support during this pandemic crisis.

New England Automotive Report

0920_NEAR.qxp_NEAR1014 8/14/20 3:54 PM Page 19

New England Automotive Report September 2020 19

GENUINE NISSAN PARTS

MAKE ALL THE DIFFERENCE.

Only Genuine Nissan Parts deliver the fit, reliability, and performance to meet your shopâ&#x20AC;&#x2122;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: 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

Kelly Nissan of Lynnfield 155 Andover Street Danvers, MA 01923 Toll Free: 800-698-9280 Fax: 781-598-8026 E-mail: BSherman@Kellyauto.com

Web: www.mastria.com

Kelly Nissan of Woburn 155 Andover Street Danvers, MA 01923 Phone: 781-835-3510 Fax: 781-835-3580 E-mail: mbosma@kellyauto.com www.kellyauto.com

Quirk Auto Dealers 115 E. Howard St. Quincy, MA 02169 Toll Free: 877-707-8475

20 September 2020

New England Automotive Report

Balise Nissan of Warwick 1350 Post Rd. Warwick, RI 02888 TOLL FREE: 800-992-6220 FAX: 800-254-3544 wparts@baliseauto.com www.BaliseWholesaleParts.com One Call, One Truck for Eleven Brands!

PROTECTING CONSUMERS AND THE COLLISION INDUSTRY

MASSACHUSETTS

New England Automotive Report September 2020 21

[AASP/MA MEMBER] SPOTLIGHT By Alana Bonillo

enTwISTLe’S Garage

Entwistle’s Garage has been a staple of the Leicester community for 73 years and counting.

The Entwistle family has been serving the community for generations, starting out as a small mom-and-pop grocery store and gas station and later growing into the quality general automotive repair, auto body, towing and used car sales operation it is well known as today.

“We’ve been here for 73 years, and we like to keep our place in the community,” shares Deborah Entwistle, who currently owns Entwistle’s Garage with her husband, Charles Entwistle III. “We try to take good care of people’s cars to make sure they are driving safely. Next to their homes, their cars are the next biggest purchase they make. It’s our job to keep them in the best condition for as long as we possibly can.”

The family’s legacy began with her husband’s father, Charles Entwistle II. In 1947, the World War II veteran opened Whistle Stop, which consisted of a 22 September 2020

New England Automotive Report

small grocery store building with two gas pumps out front. Soon after, he developed an interest in automotive repair and towing. Before long, that business got off the ground by working for automotive clubs including AAA and the Automobile Legal Association (ALA). In fact, Deborah says the shop remains the oldest AAA business in New England for towing. Charles II also began expanding the land, digging pits in the ground to do oil changes, and later building a bay area and office. At that point, Entwistle’s Garage was officially born.

Destined to follow in his father’s footsteps, Charles III started pumping gas, fixing tires and doing oil changes at the shop at the age of 13. He kept on and learned everything about repairing cars from his father. When it came time for the elder Entwistle to retire 30 years ago, Deborah and Charles took over.

Deborah runs the office, and Charles III serves as the general manager.

The couple’s son, Charles IV, is a large part of the

The team at Entwistle’s Garage.

Back row (left to right): Nick Walker, Louis Novia, Ron Davenport, Charles Entwistle, Chris Schofield, Lucas McAuliffe and Chuck Entwistle. Front row: Deb Entwistle (left) and Bonnie Howard

Entwistle operation and serves as their lead technician. Nothing is set in stone yet as to whether he plans to fully take the reins one day, but Deborah and Charles have retirement on their minds. Their daughter, Elizabeth, chose a different path for her career and has a PhD in microbiology.

The Entwistles have taken full advantage of their active engagement with AASP/MA for the last 25 years. Deborah is quick to praise the association for bringing value to their operation by helping them with getting their auto body license renewed and address other legal issues. She adds that she and her

husband are always able to learn something new through interacting with other shop owners by attending meetings.

“You have to be part of an association so that you can keep abreast of whatever changes are coming up.

Whether it be OSHA or changes with Massachusetts law, you need to know them. The way to do it is to have someone [like AASP/MA] give you that information to help you stay out of trouble.”

As for other current challenges, Deborah says the business was fortunate to not have been severely

Continued on page 38

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781.749.3354 | Fax 781.749.7804 New England Automotive Report September 2020 23

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247 Boston Turnpike Shrewsbury, MA 01545 508-756-8364 Fax: 508-752-3691 www.patricksubaru.com jlavalley@patrickmotors.com

One Call, One Truck for Eleven Brands!

New England Automotive Report September 2020 25

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For Toyota Genuine Parts please call one of these authorized local Toyota Dealers: 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

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Bernardi Toyota 1626 Worcester Road Framingham, MA 01702 Parts Direct: 800-248-3033 FAX: 508-879-7895 IRA Toyota Danvers 161 Andover Street Danvers, MA 01923 PH: 800-774-8411 ext.1 Direct: 978-739-8306 FAX: 978-739-8098

www.bernarditoyota.com

Balise Toyota 1399 Riverdale St. West Springfield, MA 01089 TOLL FREE: 800-992-6220 FAX: 800-254-3544 wparts@baliseauto.com www.BaliseWholesaleParts.com

One Call, One Truck for Eleven Brands!

Balise Toyota of Warwick 1400 Post Rd. Warwick, RI 02888 TOLL FREE: 800-992-6220 FAX: 800-254-3544 wparts@baliseauto.com www.BaliseWholesaleParts.com

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www.iramotorgroup.com

ToyotaPartsAndService.com New England Automotive Report September 2020 27

[COVER] STORY By Joel Gausten

The

Past, Present and Possibilities of COVId-19 Loans

BUSINESS: for

“Things were changing every two hours.”

That’s how AASP/MA Board member Mike Penacho (Mike’s Auto Body; Fall River) describes the earliest days of the COVID-19 pandemic and its impact on body shops in the Commonwealth. Initially fearing an impending shortage of parts, paint and materials, he quickly stocked up on these products to ensure he would still be able to service his customers.

And then…customers started postponing their repairs. Before long, he had to reduce his staff by 50 percent.

“I had three guys in the back. One would come in on Monday, one would come in on Tuesday and the third would come in on Wednesday because I didn’t want them potentially catching something from one another.

I kept only half my staff here for the simple reason there wasn’t enough work for everybody.”

Penacho was also concerned for the future of the four other businesses (towing, automotive rental/sales, automotive service and environmental cleanup) he housed on the premises. Fortunately, he soon applied for and received Payroll Protection Program (PPP) loans for all five entities. Speaking with New England Automotive Report in early August, he was pleased to report that things were “almost back to normal” as he continued to bring back staff.

Barring any unforeseen issues or changes to the state’s pandemic response, he is confident that his

facility will be able to make up its recent lost sales.

Perhaps the best thing about Penacho’s current standing in business is that it’s not uncommon. Small businesses in and out of this industry have been kept alive thanks to the PPP loans, which provide a means for owners to keep their teams in place and an opportunity to have these funds forgiven. It’s an offer that longtime AASP/MA member Bob Waldron couldn’t refuse. An owner of multiple automotive-related businesses (including a tow service for the towns of Bolton, Clinton and Lancaster) with a total of 50 employees, he was hit harder than most when the Commonwealth shut down around him.

“When COVID-19 first happened, I really didn’t think it was going to get to this point.

We have some long-term employees; we have a lot invested in them, and they had their families to support. We kept them on for a couple of weeks, but then we had to jump in and make that unfortunate decision about laying off/furloughing. I had only laid off maybe five employees in the last 39 years before this. We looked into the PPP loan and got the money for all locations.”

Like many shop owners, Waldron kept his employees busy during slow times by having them focus on shop maintenance, company vehicle upkeep and online training.

Additionally, he regularly hosted “roundtable” discussions with employees for their input into how his businesses could best adapt to what he calls “the new normal.” He also received critical tips and information via CARSTAR (with whom he has three franchises) and industry consultant Mike Anderson (Collision Advice).

“CARSTAR has been really up on this.

They’re doing more and more webinars and seek outside consultants on a regular basis to help us stay current on what we need to do.”

While this has not been the summer he expected, Waldron is actively moving ahead.

All of his employees are currently in good health, while his Worcester shop (Thomas Waldron CARSTAR Auto Body) is doing the best out of his businesses in terms of sales.

Just as he prepares to soon go through the PPP loan forgiveness process, he also finds himself in the unexpected position to hire some new staff. This is the result of issues ranging from employees wishing to selfquarantine without pay to others feeling financially incentivized to stay home and

Of course, bringing shops back to their pre-pandemic employee numbers solves the roadblocks that have developed in 2020 but does very little to address the workforce shortage that has plagued the industry for decades.

continue receiving unemployment (complete with the additional $600 weekly boost in benefits it has offered in recent times).

“We’ve hired some new people who are hungry and want to work.”

Of course, bringing shops back to their pre-pandemic employee numbers solves the roadblocks that have developed in 2020 but does very little to address the workforce shortage that has plagued the industry for decades. For several Massachusetts facilities, returning to 100 percent of their pre-COVID-19 employee base means still being desperately short of the workers they need – and this is a problem impacting virtually all trades. Even with his staff back in full force, Penacho is still on the lookout for new help.

“I think the whole country has this problem. If you want to build a house, build it soon because we won’t be able to find any carpenters in five years.”

At a time when many repair professionals are grappling with keeping their facilities above water amidst various economic and employment difficulties, Mark Millman (Stoughton Auto Body; Stoughton) currently stands in a more solvent position than he could have anticipated at the start of the COVID-19 era. His journey began in the spring after seeing his business drop by 40 percent as drivers were discouraged from traveling. After applying for a PPP loan, he was hopeful that it would arrive before he was forced to issue layoffs. Unfortunately, things didn’t work out that way.

“According to my bank, I was third in line for funding, and then the money ran out. I couldn’t wait any longer, and I basically laid off my entire shop.”

When the loan eventually came through, Millman then had to hustle to get employees back to his shop to meet the 75-percent payroll funding requirement. Then, the goal post was moved yet again.

“The requirement went from 75/25 to 60/40, so you can use 40 percent for qualified expenses. I wish I had known that earlier, because by the time that ruling came across, I was pretty much at 75 percent for payroll. I made that threshold, but it turns out I only needed to be at 60. Had I known that at the beginning, I wouldn’t have brought so

Continued on page 41

New England Automotive Report September 2020 29

30 September 2020

New England Automotive Report

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New England Automotive Report September 2020 31

Get it right

from the source.

Ford and Lincoln Mercury dealers are the one-stop source for all of your collision repair needs.

When you need fascias, grilles, headlamps, wheels or any other Ford Motor Company Ge uine Part, call your local wholesaling dealership. They’re a great souce for technical and repair information as well. Using Genuine Parts can help your body shop reduce cycle time, improve relationships with insurance companies and satisfy customers. So get everything you need in just one call to your one-stop collision repair resource – your local Ford or Lincoln Mercury Dealership.

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

Sarat Ford Lincoln Mercury

Quirk Auto Dealers

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Mendon, MA 01756

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Balise Ford of Cape Cod 90 High School Rd. Ext. Hyannis, MA 02601 TOLL FREE: 800-992-6220 FAX: 800-254-3544 wparts@baliseauto.com www.BaliseWholesaleParts.com

© 2019, Ford Motor Company

32 September 2020

New England Automotive Report

Genuine Volkswagen Collision Parts Are a Call or a Click Away.

The best repairs start with the best shop-supplier relationship. Contact the following Authorized Volkswagen dealers by phone, fax or email to get the parts you need, when you need them.

Mattie Volkswagen 80 William S. Canning Blvd.

Fall River, MA 02771 800-678-0914 fax: 508-730-1283

Lia Volkswagen 140 Elm Street Enfield, CT 06083 860-698-6890 fax: 860-265-7840 www.liavw.com

Quirk Auto Dealers 115 E. Howard St. Quincy, MA 02169 Toll Free: 877-707-8475

Mastria Volkwagen 1619 New State Highway Raynham, MA 02767 Toll Free: 888-581-1146 Direct Parts: 508-802-9955 fax: 508-802-9966 email: vwparts@mastria.com www.mastriavw.com

Volkswagen of Hartford 133 Leibert Road Hartford, CT 06120 Direct Parts: 860-543-6012 fax: 860-728-4408 email: ebautista@vwofhartford.com

Balise Volkswagen 525 Quaker Ln. West Warwick, RI 02893 TOLL FREE: 800-992-6220 FAX: 800-254-3544 wparts@baliseauto.com www.BaliseWholesaleParts.com

One Call, One Truck for Eleven Brands!

“Volkswagen“ and the Volkswagen logo are registered trademarks of Volkswagen AG. ©2020 Volkswagen of America, Inc.

New England Automotive Report September 2020 33

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

Is the Massachusetts Tow Lien Law Unconstitutional?

A Massachusetts statute gives tow companies and storage facilities a lien for their “proper” charges against vehicles that they tow and/or store at the direction of the police or other public authority. The lien is “possessory,” meaning that the tow company or storage facility can hold onto a vehicle that it tows or stores until it gets paid for its services. If the tow or storage business does not get paid, then the statute allows it to sell the vehicle and pay itself out of the proceeds of the sale.

Importantly, under another statute, these “policeordered” tow and storage liens take priority over any security interest that a bank or other finance company has in a vehicle. In other words, the tow and storage company is entitled to get paid first, even though the finance company may have obtained its security interest well before the time that the tow and/or storage lien is established.

The governing statute also provides that the policeordered tow or storage lien is to be enforced under the procedures set out in a different statute, Mass. General Laws, Chapter 255, §39A. Under that statute, the tow or storage company must send the owner of the vehicle several written notices about their claimed lien and the amount of their charges, and they must inform the owner of what must be done to pay the company’s charges and retrieve the vehicle. If the charges are not paid after multiple prior notices are given, the company can give the owner a notice that it is going to sell the car if the owner does not pay up and claim the vehicle within 21 days. Then, the company can proceed to sell the vehicle at public or private sale after publishing notice of the sale for three weeks in a newspaper.

Notably, the statutory procedure does not require the tow or storage company to give any notice to a bank or finance company holding a security interest in the vehicle. If the car is sold by the tow or storage company, and if it is sold for less than the total tow and storage charges plus costs of the sale, then the finance company gets paid nothing and its security interest is wiped out.

The purchaser of the vehicle gets a clean title to the vehicle free and clear of any liens or security interests.

So, What’s the Problem?

The statutory tow and storage lien for policeordered tows is a powerful tool for tow carriers and storage facilities, giving them an assurance that they are going to get paid at least some portion of their charges if 34 September 2020

New England Automotive Report

the towed or stored vehicle has at least some value.

Further, although the lien enforcement procedure mandates strict adherence to its requirements, it is much quicker and much less expensive than if the tow or storage company had to bring a court action to enforce its rights.

On the other hand, banks and finance companies are not crazy about the governing statute. Too often, they end up with nothing in their pocket and with no enforceable security interest. This is so even if they may have financed the bulk of the purchase price of the vehicle – and even if they may have had no knowledge that the vehicle had been towed or stored or that it was being sold. The end result for the finance company can be a big loss it never saw coming. Recently, American Honda Finance Corporation (Honda) got burned on a police-ordered tow and decided to sue to challenge the Massachusetts lien enforcement statute, asking the Federal District Court of Massachusetts to declare the statute unconstitutional.

The Lawsuit In the recent case, the City of Revere police had impounded a car as part of a criminal investigation and had a tow carrier tow it to the police impound facility.

Afterwards, the City had the carrier tow it to its storage facility to be stored and to be sold by the carrier under Mass. General Laws, Chapter 255, § 39A if it did not get paid by the vehicle owner. The owner did not pay, and the carrier sold the car and paid itself the fees.

Although the City and the carrier properly followed the lien enforcement statute, neither gave any notice to Honda, and Honda got nothing. When Honda eventually found out what had occurred, it sued Revere for damages, claiming that the statutory process for enforcement of the carrier’s lien was unconstitutional since it deprived Honda of its property rights in the car without due process of law.

There was no dispute as to the facts of the case, and, in their pleadings, both sides agreed that the statute had been followed correctly. On cross-motions for summary judgment (i.e., without a trial and upon agreed facts), in June of this year, the Judge issued a decision in favor of Honda, finding that the statute is unconstitutional to the extent that it allowed a government entity (Revere) to deprive the owner of a property interest in the car (Honda) of its rights without notice and without any right to challenge the proceeding.

Honda sued under a federal statute that allows individuals or entities to sue state or local governments and their officials for deprivation of constitutionally protected rights. The statute is commonly used by individuals who claim that they were deprived of their constitutionally guaranteed civil rights because they were discriminated against by state or local officials on the basis of their race or religion. But as demonstrated in the Honda case, the statute also can be used to sue for deprivation of property rights.

companies might try to find a theory under which to sue collision repair shops and tow carriers if these entities enforce their garagekeeper or tow liens and sell a vehicle without giving notice to the finance company. After all, the finance company is still being deprived of their security interest in the vehicles without notice.

What Can Be Done to Avoid Finance Company Lawsuits for Police-Ordered Tows?

There are essentially two potential paths for government entities, repair shops and tow carriers to What Are the Consequences of the protect themselves.

Case?

The first path is to petition the Massachusetts legislature to amend The case was just recently If you are a tow the tow lien and garagekeeper lien decided, and it is not an appellate decision that would be binding on statutes to include a statutory carrier or repair all future cases within the requirement and procedure for shop enforcing your jurisdiction of an appellate court. giving notice to any finance That means that, at least for now, company holding a security interest vehicle lien, it is the decision is binding only on the in a vehicle when a tow carrier or imperative that you parties to the case, i.e., the City of repair shop enforces its lien. I do Revere and Honda. Further, I have not know how difficult this would be aware of the spoken to one of the attorneys who be to accomplish or whether Honda case. was involved in the case, and it may affected government entities or the not be appealed and may never have tow and repair shop industries have binding effect on other parties. any interest in promoting such Yet, the case is not unique, and statutory amendments. But it seems other courts in other jurisdictions have made similar to me that it would be in all of their best interests to determinations regarding other states’ lien enforcement have a statute spell out exactly what the required statutes. And if Revere is not appealing this decision, it procedure would be to give appropriate notice to finance may be because it has been advised by its attorneys that companies so that they know exactly what they must do the Judge’s decision is probably correct. and they will not be deprived of their security interests As an attorney, if I were advising the City of Revere – without a statutory “due process of law” being followed. or any Massachusetts municipality, police force or other The second path is for any tow carrier, storage public authority – in light of this case, I would warn facility or repair shop enforcing its lien against a vehicle them of their potential liability for police-ordered tows. to always give notice of what it is doing to any finance If a police officer or other government agent orders that company holding a security interest, even if the a vehicle be towed, and if the vehicle is towed and/or governing statute does not require this. stored as a result of that order and then sold under the It is not difficult to find out if there is a finance company that has an interest. For $5, any lienholder can statutory procedure without notice to a lienholder finance company, then the municipality or agency that write to the Massachusetts Registry of Motor Vehicles the officer or agent works for could well be on the hook and receive a printout within a few days showing the for the economic loss that the finance company suffers. titled owner of the vehicle and all entities holding a To make matters worse for the governmental authority, security interest in the vehicle. If you belong to the Statewide Towing Association, it has the ability to obtain the federal statute that Honda used to bring its lawsuit also says that a winning plaintiff is entitled to collect the printout for its members for only $2 and can usually their legal fees on top of other actual economic loss. respond to a request on the same business day. Quite Assuming that other attorneys read the case the frankly, all entities enforcing their vehicle liens should same way that I do, I suspect that once cities and towns obtain this information in all situations anyway to make and various police authorities get wind of it, they may sure that they are sending any required notices to the have second thoughts about ordering cars to be towed true owner of a vehicle. from the scene of an accident or to be towed to an It is up to the individual business to determine how impound facility. much notice should be given to finance companies. But Also, while this case only applies to governmental it seems to me to make sense to send copies of all owner entities being sued under the federal statute, it does not Continued on page 40 seem out of the realm of possibilities that finance New England Automotive Report September 2020 35

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EXECUTIVE DIRECTOR’S MESSAGE Continued from page 11

basic principles of business and are able to discuss repair concerns with their customers, the better off we will all be. You can rely on AASP/MA to assist you and provide the facts to support your position.

Our current members should refer to the most recent Damage Report newsletter, which takes a deeper look at “just the facts” as documented by BG. It will demonstrate, through facts, the documentable increases

[NATIONAL] NEWS

Continued from page 16

uncertain picture and will help exhibitors, attendees and partners plan accordingly.

Recent SEMA Show survey results indicated interest in a possible virtual trade show with related live elements. SEMA will be working with industry members to determine interest levels on specific alternatives. The Collision Industry Conference (CIC) has already scheduled a virtual meeting for November 11 and 12, while the Society of Collision Repair Specialists (SCRS) is currently exploring alternatives to the events it had originally planned to host at the Show. An update on CIC and SCRS activities will be featured in next month’s New England Automotive Report.

in true dollars and cents shops have realized by using the knowledge being shared by AASP/MA and NABR’s BillableGenie. These include increases in body Labor Rate, paint Labor Rate and paint and materials.

You too can realize the true potential when you know all the facts.

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AASP/MA EXECUTIVE DIRECTOR EVANGELOS “LUCKY” PAPAGEORG can be reached at (617) 574-0741 or lucky@aaspma.org

“The SEMA Show is committed to furthering businesses in the automotive specialty equipment market and to providing manufacturers and buyers with the best opportunity to connect, promote new products and discover new trends,” said Chris Kersting, SEMA president and CEO, in an official statement. “We appreciate the spirit, hard work and innovation our industry puts into the SEMA Show each year. While we are disappointed circumstances prevent us from hosting the Show in November, we look forward to getting everyone together in 2021 for another outstanding event.”

Full refunds for SEMA Show exhibitor booth deposits and attendee registration fees will be issued. Updates will be posted to SEMAShow.com.

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[NATIONAL] NEWS Continued from page 14

original repair line information. It then generates an electronic information estimate report that identifies additional repair operations that may have been overlooked. Designed to increase efficiency by establishing consistency, the tool offers an organized means of identifying and adding missed opportunities by dynamically cross-referencing written estimates against the Guide to Complete Repair Planning.

“We set out to create a product designed to meet collision repairers’ needs,” Schulenburg says. “We most look forward to the feedback

from our users, as it indicates it’s helping them and making a difference. As an association, our objective is to deliver on what is needed, and this is one more addition to a long list of things that we’ve generated to do that.”

Not surprisingly, the BOT has already received accolades in and out of the auto body field. The technology was recognized during the 2019 SEMA Show with both a SEMA New Product Award and SEMA Global Media Award.

To introduce more industry members to what the BOT provides, SCRS is currently hosting free online demonstrations of the product every Wednesday at 2:30pm EDT. More information is available at scrs.com/BOT.

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[AASP/MA MEMBER] SPOTLIGHT Continued from page 23

affected by the COVID-19 pandemic. Thankfully, they were able to secure a PPP loan, which she says was an enormous help.

“Instead of draining us, it helped us stay ahead.

We didn’t have to use savings.”

She refers to the pandemic as an eye-opening experience for business owners in that it served as a reminder that it’s important to have at least six

months of savings to cover payroll and other needs.

As for the future, Deborah and Charles hope to keep things solvent and operational so that retirement can remain an option for them.

Most of all, they plan to continue on the family legacy that began with Charles II. “The biggest thing is to honor my father-in-law and all his hard work by keeping it going and growing.”

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notices to the owner’s finance company as well. It does not take that much extra effort or cost much more to make a copy, address another envelope and pay for one more postage stamp.

For several decades, well in advance of the Honda decision, I have been advising all of my repair shop and tow carrier clients to always give notice of lien enforcement proceedings to finance company lienholders. The result has been that I have never had a finance company that receives notices successfully complain that they have been deprived of any of their rights.

Further, even if they are not the ones giving the notice, I believe that this may protect any government authority that has ordered the towing and/or storage of a vehicle.

Additionally, sometimes when the finance company gets a notice, it pays the repair shop or tow carrier for their charges and retrieves the vehicle. When this occurs, it shortens the time for resolution of the matter, gets the repair shop or tow carrier their money more quickly and saves them the cost of enforcing their lien. It also preserves at least a portion of the finance company’s security interest in the vehicle.

Conclusion If you are a tow carrier or repair shop enforcing your vehicle lien, it is imperative that you be aware of the Honda case. It is also imperative that you take appropriate steps to protect yourself.

PROTECTING CONSUMERS AND THE COLLISION INDUSTRY

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Attorney James Castleman is a managing member of Paster, Rice & Castleman, LLC in Quincy, MA. He can be reached at (617) 472-3424 or at jcastleman@prclawoffice.com.

[COVER] STORY

Continued from page 29

0

many people on board. A lot of the time they spent working was on sweeping floors and cleaning windows because I didn’t have enough other work to keep them busy.”

As he worked to follow the moving target of PPP, he looked into receiving a possible low-interest Economic Injury Disaster Loan (EIDL) through the Small Business Administration (SBA). The online application for the loan alerted him to an advance grant that offered $1,000 per employee up to a cap of $10,000. Not only did he receive a grant for $7,000 (based on seven employees), but he was also approved for and received a $150,000 EIDL. This influx of new resources has enabled him to address monetary issues that have existed at his shop long before coronavirus.

“I got hit pretty hard in the crash of ’08; I almost went out of business. Ten years later, I was just at a point where I was finally getting ahead and catching up on tax filings, paying back taxes and fees and getting that monkey off my back. Business was looking pretty good, and then COVID-19 hit. One of the things I did with the EIDL was pay down some high-interest debt that was caused by trying to survive when things got slow over the years. Now, I’m talking to my accountant about how to best manage the balance of that loan.

“We’re still here at the shop; we never shut down through the pandemic,” he adds. “I’m just looking to keep my overhead low and figure out where this is all going.”

At press time, several attempts were being made at the legislative level to ease the loan forgiveness process for small businesses that have kept current employees working. Of particular significance to collision repairers is the bipartisan Paycheck Protection Small Business Forgiveness Act (S.4177), which includes forgiveness for PPP loans of $150,000 or less if the borrower submits a simple, one-page declaration form to the lender. It also ensures the lender will be held harmless from any enforcement action if the borrower’s attestation contained falsehoods.

“We can avoid the burdensome cost of superfluous bureaucracy required to arrive at the foregone conclusion of loan forgiveness by implementing a few common-sense changes,” said Senator Kevin Cramer (R-ND) in a statement.

On July 31, the Society of Collision Repair Specialists (of which AASP/MA is an affiliate member) was among the 140-plus trade groups to sign on to a letter (available online at repairerdrivennews.com) sent to Speaker Nancy Pelosi, Minority Leader Kevin McCarthy and members of the House Committee on Small Business in support of the House incarnation of the bill (H.R.7777). The correspondence stressed the

Continued on page 42

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[COVER] STORY

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cost-saving advantages that the legislation would provide to most PPP loan recipients: PPP loans of $150,000 and under account for 86 percent of total PPP recipients but less than 27 percent of PPP loan dollars. Expediting the loan forgiveness process for many of these hard-hit businesses will save more than $7 billion and hours of paperwork.

Data provided in an independent analysis by AQN Strategies (AQN) has shown an estimated benefit of issuing auto-forgiveness for various loan size thresholds […] AQN anticipates the combined resource requirements of operators’ time and/or third-party expenses to represent an effective cost of $2,000-$4,000 for each business that applies for forgiveness, requiring 20-100 hours of focused time from key leaders of these businesses. With an average loan size of less than $19,000 for the smallest 60 percent of loans, this estimate would represent 1020 percent of the loan amount itself, which is otherwise intended to support payroll, rent and other obligations necessary to keep businesses alive and ready to restart […] Small businesses and their

employees are the backbone of our nation’s economy and communities. Their time and resources would be better focused on getting the economy safely back up and running, not processing burdensome paperwork.

Additionally, 501(c)(6) organizations like AASP/MA could soon receive financial relief via the Continuing Small Business Recovery and Paycheck Protection Program Act. Introduced by Senators Marco Rubio (R-FL) and Susan Collins (R-ME), the proposal seeks to expand PPP eligibility to nonprofit associations and other organizations with 150 or fewer employees, which would be of a great financial assistance to AASP/MA and other such trade associations.

While these and other legislative efforts (including ongoing talk of a new wave of PPP loans) had not seen definitive movement as of this writing, those who have been kept afloat in recent months thanks to outside financial support carry on in a state of cautious optimism.

“I’ve seen a lot of opportunity during this time,” Waldron says. “I’m not sitting here in gloom and doom; you just have to plan your work and work your plan. But there is still a lot of work to be done. I still see that opportunity on the horizon, but we still have to get through today.”

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