New England Automotive Report September 2016

September 2016 U.S.A. $5.95

Serving the New England Collision and Mechanical Repair Industry MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

PLUS: I-CAR and ASE Join Forces The Legal Side of Self-Driving Cars AASP/MA and CREF to Host Career Fair

www.grecopublishing.com

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New England Automotive Report

September 2016 • Volume 14, No. 9

CONTENTS

DEPARTMENTS PRESIDENT’S MESSAGE by Molly Brodeur 8 | Looking to the Future LOCAL NEWS by Joel Gausten 18 | AASP/MA and CREF to Host Career Fair in Marlboro

22 | Rising Star: Fred Teed Takes the Bronze at SkillsUSA Nationals

26 | ADALB Confronts Drive-In Claims LEGAL PERSPECTIVE by James A. Castleman, Esq. 38 | Self-Driving Cars - A Boon for Lawyers and Liability Insurers NATIONAL NEWS by Joel Gausten 44 | I-CAR and ASE Announce New Collaborative Effort

46 | SCRS to Deliver Exceptional Education & Events at SEMA TECH CORNER by Chloe Durante 50 | American Honda: “Pre- and Post-Repair Scans Are Required”

ALSO THIS ISSUE 7 | TRAINING OPPORTUNITIES: I-CAR CALENDAR OF EVENTS 10 | A MESSAGE FROM THE EXECUTIVE DIRECTOR 11 | AASP/MA SPONSORS 19 | HIGH SCHOOL & COLLEGE COLLISION CAREER FAIR FLYER 28 | IN MEMORIAM 54 | INDEX OF ADVERTISERS

COVER STORY 30 | 2016 AASP/MA GOLF OUTING HIGHLIGHTS

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LOCATON COMING SOON

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AUT M TIVE

FOR MORE INFORMATION, CONTACT AASP/MA AT (617) 574-0741

STAFF PUBLISHER

CREATIVE DIRECTOR

Thomas Greco (thomas@grecopublishing.com)

Lea Velocci (lea@grecopublishing.com)

SALES DIRECTOR

EDITORIAL ASSISTANT

Alicia Figurelli (alicia@grecopublishing.com)

Chloe Durante (chloe@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 MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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 © 2016 by Thomas Greco Publishing, Inc. Images courtesy of www.istockphoto.com

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

AASP/MA EXECUTIVE COMMITTEE PRESIDENT

SATURDAY, NOVEMBER 12

2016 AASP/MA

CASINO NIGHT

Molly Brodeur VICE PRESIDENT Adam Ioakim SECRETARY Gary Cloutier TREASURER Kevin Gallerani IMMEDIATE PAST PRESIDENT Paul Hendricks

AASP/MA STATEWIDE DIRECTORS COLLISION DIRECTOR

in Massachusetts September 8, 2016 Understanding the Cycle Time Process September 13, 2016 Cosmetic Straightening Steel

Keystone Automotive/LKQ Corporation (Taunton, MA)

Rick Starbard

AASP/MA DIRECTORS Alex Falzone

September 14, 2016 Hazardous Materials, Personal Safety & Refinish Safety September 22, 2016 Squeeze-Type Resistance Spot Welding

Kevin Kyes Michael Penacho Darlene Andrade

All classes held at Fuller Auto Body (Auburn, MA) unless otherwise noted.

For more information, visit i-car.com

Tom Ricci Ray Belsito, Jr. Peter Langone

AASP/MA EXECUTIVE DIRECTOR Jillian M. Zywien 12 Post Office Square, 6th Floor • Boston, MA 02109 Phone: (617) 574-0741 Fax: (617) 695-0173 Email: jzywien@aaspma.org

WWW.AASPMA.ORG

AASP/MA STATEWIDE MEETING Tuesday, September 27 Holiday Inn, Taunton, MA For more information, visit aaspma.org

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PRESIDENT’S MESSAGE

LOOKING TO THE FUTURE MOLLY BRODEUR

As you may be aware by the time this issue hits the streets, the latest incarnation of our Auto Body Labor Rate Bill has unfortunately failed to make its way out of the Massachusetts Legislature’s Conference Committee. While certainly this is a disappointment for both the AASP/MA Board of Directors and our membership, not to mention the industry at-large throughout the Commonwealth, we take comfort in the fact that this was the furthest we have come in our years-long fight to achieve proper compensation for collision repairers. We felt very confident that the bill in its current form stood a good chance of getting to the Governor’s desk this time around, but unfortunately we will instead focus on regrouping our efforts to explore our next step.

Whether the reorganization of our efforts includes another run at the State House or a different approach altogether, we at AASP/MA still feel very strongly that the Labor Rate is a huge issue. And as we reflect on our experience this time around, I’d like to thank two special groups

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of people, without whom we would not have had even this level of success in furthering our legislative goals. First, the full-time AASP/MA executive staff, who has helped our association boast its most productive legislative session to date with this last go-around. Having them working on our issues has clearly made a huge difference in promoting our agenda at the State House and beyond. Furthermore, there are others who have laid the groundwork for our most recent successes – industry representatives who dedicated the better part of a decade’s worth of their time, money, resources and efforts to fighting on behalf of collision repairers across Massachusetts. These individuals have made a huge difference in getting our issues heard. There is not a legislator on Beacon Hill who is not familiar with AASP/MA or our Labor Rate Bill. That’s no small feat, and that’s a direct result of our original grassroots efforts. I applaud these individuals and ask that you join me in thanking them for their hard work over the years. continued on page 51

A MESSAGE FROM THE EXECUTIVE DIRECTOR

OUR BUSIEST SUMMER YET JILLIAN ZYWIEN

Dear Members,

At the time of this writing, the end of summer is quickly approaching and fall is near. This summer has been AASP/MA’s busiest season yet.

In May, the association hosted an OSHA training seminar to educate members about an OSHA audit. The seminar came after some of our members were assessed serious fines for violations. Also in May, the association attended the Division of Insurance listening session on 212 CMR. AASP/MA was one of three groups that testified during the listening session and one of four that submitted written testimony.

Roger L. Putnam Vocational Technical Academy in Springfield hosted its annual Putnam Collision Advisory and Appreciation BBQ on June 16. Many of the association’s members and Board members attended this student- and staff-friendly event. The association continues to support the Commonwealth’s vocational schools and promotes events like this to bring awareness to programs that focus on placing students into collision repair careers.

AASP/MA hosted its annual Golf Outing – with huge thanks to Tournament Sponsor Enterprise Rent-ACar – in July at Blackstone National Golf Club in Sutton.

Although the venue was new to the association, we had over 60 players for the shotgun start at noon. Following the event, we had 70 guests attend the dinner and raffle prize portion of the event. Special congratulations to our winning team from FinishMaster. Congratulations also to Joann from Custom Auto Body, who is now the proud owner of the Gronkowski-autographed jersey, which was raffled off at the golf event.

In August, the ADALB finalized their recommendations to 212 CMR. The Board took the comments submitted at the listening session and formalized language changes to be sent to general counsel at the DOI for their review. The general counsel will ensure the language recommendations comply with the Governor’s Executive Order as well as statute and regulations. Throughout this process, AASP/MA has remained vigilant in protecting the interests and concerns of the industry. We look forward to our continued work with the ADALB and the

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Division of Insurance on this important regulatory process.

This fall, AASP/MA will host our fourth-quarter Statewide meeting, sponsored by PPG and featuring I-CAR, on September 27 at the Holiday Inn in Taunton.

Additional meeting information will be provided to members through the Damage Report newsletter. You may also find meeting details on our website at aaspma.org.

Also this fall, the association will host our most popular event, Casino Night, on Saturday, November 12 (location to be determined). Not only will we host a night full of fun, camaraderie and gaming, but we will also be introducing our new Board of Directors for the next two years.

If you are interested in becoming a director or joining a committee, I would encourage you to contact the association. We are always eager to find volunteers who are interested in advancing the association and the industry as a whole.

I look forward to the months ahead and continuing to build the success of the auto repair industry with your help. We appreciate the support of our members and continue to look for ways to benefit your businesses. If you are not a member, now is the time to join us. We are making changes on behalf of the industry and changing the way the industry is viewed. Call the association to find out how you can become a part of the conversations that are changing the way repairers do business in the Commonwealth TODAY.

Sincerely,

Jillian Zywien, Executive Director MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

AASP/MA EXECUTIVE DIRECTOR JILLIAN ZYWIEN has been a senior account executive at Lynch Associates for over seven years. She can be reached at (617) 574-0741 or via email at jzywien@aaspma.org.

AASP/MA ASKS YOU TO PLEASE SUPPORT OUR SPONSORS!

AASP/MA NEWSLETTER SPONSOR

WOLPERT INSURANCE

Contact AASP/MA at (617) 574-0741 / jzywien@aaspma.org for information on becoming an AASP/MA sponsor!

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Massachusetts Clean Auto Repair (MassCAR)

Training Announced The Massachusetts Office of Technical Assistance (OTA) is proud to share the new MassCAR training on auto shop environmental health, safety and compliance. Clark University has generously donated their facilities to make these trainings possible. Trainings are categorized in auto body or auto repair. All training will be held from 6pm to 8pm at Clark University; see building location below.

Auto Body Trainings (Collision/Refinishing) Tuesday, September 13 Clark University Higgins University Center, 1st floor Lurie Conference Room 950 Main Street Worcester, MA 01610 www2.clarku.edu/campusmap.cfm#top

Auto Repair Trainings (Mechanical) Monday, September 19 Clark University Higgins University Center, 1st floor Lurie Conference Room 950 Main Street Worcester, MA 01610 www2.clarku.edu/campusmap.cfm#top

RSVP with Brian Postale at MassDEP at (508) 767-2888 or brian.postale@state.ma.us

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Wagner BMW of Shrewsbury 770 Boston Turnpike Shrewsbury, MA 01545-3202 PH: 866-438-3997 FAX: 508-925-2291 www.wagnerbmwofshrewsbury.com

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[LOCAL] NEWS by Joel Gausten

AASP/MA and CREF to Host Career Fair in Marlboro It’s time for the industry to meet its future employees.

On October 5, AASP/MA will join the Collision Repair Education Foundation (CREF) in hosting a special High School & College Career Fair at Assabet Valley Technical High School in Marlboro. The 8am-2pm event will be attended by hundreds of Massachusetts-area students eager to connect with collision repair shops and vendors. The Career Fair is one of 15 similar events that CREF has held across the country throughout 2016.

For AASP/MA member Joshua Fuller (Fuller Automotive; Auburn), signing up to be one of the many exhibitors at the Career Fair will enable his shop to have direct contact with the area’s most promising new repairers.

“Anything that we can do together with AASP/MA to attract talented individuals is great…I think it’s important for students to see that there’s a greater level of professionalism in this industry than in the past years and what previous stereotypes have led people to believe. There is great opportunity in this field.”

Fuller will also be at the Career Fair in support of I-CAR, for whom he serves as the volunteer committee chairman for Massachusetts.

“I-CAR is becoming more and more important in the industry. It’s really taken a lead by being recognized by many OEMs. There are OEMs that have written white papers and have verbally stated that only I-CAR-

certified facilities can do their warranty work on vehicles.”

Although the October 5 gathering is focused on younger industry members, Fuller believes that it will also appeal to even the most seasoned repair pros.

“The [Career Fair] is targeted towards students coming in, but I have a lot of technicians who want to learn new things and look at new products, too. You never stop learning, whether you’re 18 coming out of school or 35 or even 45…There are a lot of great shop owners, vendors, dealers and jobbers in this local area. We’re all in the industry and can all feed off each other. To go to any event where we can rub elbows with the best of them is great, both on an individual basis and a partnership basis.”

A Basic Sponsorship for the Career Fair is $1,500 and includes an event table to meet students, attendee student résumés, media recognition and the company’s logo on both the event signage and the student punch/win card. An Upgraded Sponsorship of $5,000 includes all the benefits of Basic Sponsorship, plus the company’s logo on the sleeve of the Cintas technician shirts that will be worn by the students who attend the event. (The deadline to sign up for Upgraded Sponsorship is September 1.) Funds raised above the event costs will support local high school and college collision repair school programs and students.

Brandon Eckenrode, CREF’s director of development, believes that the cost of sponsorship provides shops and vendors an affordable way to interact with potential hires.

“We’ve heard from businesses that a decent entry-level technician produces anywhere between $30,000 to $50,000 in revenue each month when they start working. So, when it comes to the Career Fairs and that $1,500, is that investment worth it if the person you’re possibly going to be meeting produces that level of revenue for the business?”

Founded in 1991, the Collision Repair Education Foundation is a notfor-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. Fuller is pleased to help support the organization’s efforts in the field.

“They’re bringing a greater awareness that the industry is aggressively changing and dynamic. I think it’s important to have a Foundation that financially supports the growth and development of vocational students.”

For information on how to donate to programs supported by the Education Foundation, visit CollisionEducation Foundation.org or email Brandon.

Eckenrode@ed-foundation.org. For more information on the High School & College Collision Career Fair, see the flyer on the facing page.

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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8am - 2pm

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[LOCAL] NEWS by Joel Gausten

RISINg StAR: Fred teed takes the Bronze at SkillsUSA Nationals As previously discussed in this magazine (“MA Collision Student Becomes National Competitor,” NEAR July 2016), Randolph-based collision repairer Fred Teed is well on his way to a prosperous future. After winning the Collision Repair Technology contest at this year’s Massachusetts SkillsUSA State Conference, the recent Upper Cape Cod Regional Technical High School graduate traveled to Louisville, KY in June to compete in the National Leadership & Skills Conference. New England Automotive Report is pleased to report that Teed ranked third in the entire country and took home an impressive bronze medal!

Thanks to financial assistance from AASP/MA’s National Leadership and Skills Conference Scholarship, Teed spent nearly a full week in Louisville, taking in the spirit of the city while showcasing his talents on the SkillsUSA competition floor. Despite still feeling a little under the weather from a recent illness, he was able to excel beyond the majority of his competitors and walk away a winner.

“I was pretty confident that I might have taken the gold, but bronze definitely isn’t anything to complain about!” he says.

In addition to being expected to excel in an ASE written test and a mock job interview (“I definitely nailed that part!”), Teed was judged in four 90-minute segments:

Bumper repair, fender repair, welding and frame analysis. “[Bumper repair] was pretty easy. [SkillsUSA] used a razor blade to cut straight through a bumper, and we had to do a two-sided repair on that. There was also a tab that had been cut off with a pair of snips, and we had to refabricate a new tab…I had never really done a two-sided repair before Skills; I’ve only done one-sided cosmetic repair, mostly because if it was bad enough to be a two-sided repair, we usually replace the bumper at the shop. But it was definitely awesome to practice and learn how to do that indepth, and it came out really nice.”

Not surprisingly, Teed’s old shop mentor Kevin Gallerani (Cape Auto Body, Plymouth) is pleased to hear the news of Teed’s accomplishment in Louisville.

“Hard work pays off. We got lucky with Fred; he’s a hardworking kid and did really well. It’s nice that he came from us and went out there and did so well in another part of the country. I’m proud of him.”

Already a rising star in the Massachusetts industry, Teed feels his life in this industry got a boost from SkillsUSA – an experience like no other.

“It’s one I’ll remember for the rest of my life!”

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

Fred Teed’s skills impress industry pros in Massachusetts and beyond.

Founded in 1965, SkillsUSA is a nationwide partnership of students, instructors and industry working together to ensure America has a skilled workforce. The nationwide career and technical education student organization annually serves more than 300,000 high school, college and postsecondary students and instructors in technical, skilled and service occupation instructional programs. SkillsUSA has the active support of more than 600 corporations, trade associations, businesses and labor unions at the national level. SkillsUSA programs teach leadership, citizenship and character development to complement technical skill training. The organization emphasizes respect for the dignity of work, ethics, workmanship, scholarship and safety. For more information, go to skillsusa.org.

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[LOCAL] NEWS

B L A AD ronts f n s o m C i a Cl

by Joel Gausten

n I e v i Dr

If anyone ever needs a reminder of the friction that exists between shops and insurers, watching the video of the August 3 meeting of the Auto Damage Appraiser Licensing Board (ADALB) would do the trick.

Gathering for the final vote on their months-long review of proposed changes to state regulations before passing on their recommendation to the general counsel for the Division of Insurance, the Board members quickly drew battle lines between the interests of carriers and collision repairers. On several occasions throughout the meeting, Chairman Gilbert Cox was left to break the tie between the dueling factions. One such instance involved the following proposed addition to 212 CMR 2.02(7): It shall be a conflict of interest if any licensed appraiser operates a Drive-in Appraisal Service or Drive-in Claim and Appraisal facility for, or on behalf of, an insurer at a repair shop. Notwithstanding this provision, all drive-in appraisal services or drive-in claim and appraisal facilities must inform consumers of their right to have their vehicle repaired at any repair shop. No insurance company or employee, agent or insurance agency or representative thereof shall coerce or use any tactics the purpose of which is to prevent insureds or claimants from seeking damage reports on repairs from their own repair shop rather than utilizing a company appraisal drive-in facility.

Speaking in support of the proposed language, Board member and Massachusetts shop owner Rick Starbard noted that the addition served to better align the ADALB’s regulations with current state law, as similar language also exists in Chapter 26, Section 8G of the Massachusetts General Laws (available in full at tinyurl.com/gpb 7oj5): No insurance company or employee, agent or insurance agency or representative thereof shall coerce or use any tactics the purpose of which is to prevent insureds or claimants from seeking damage reports on repairs from their own repair shop rather than utilizing a company appraisal drive-in facility. “[The proposed regulatory change] does nothing to prevent an insurer or independent appraiser from running a drive-in claims center,” Starbard argued. “It just states that they can’t try to coerce a customer to use that drive-in rather than their own chosen repair facility.”

Fellow ADALB collision member Bill Johnson agreed that steering of this nature was a major issue in the Commonwealth.

“They try to steer [customers] to the appraisal drive-in and they try to control everything. They don’t want a car [in another] shop because they’re trying to do everything in-house. I’m not saying every insurance company and appraiser does it, but it does happen.”

The discussion soon became a heated debate within the Board, with members Lyle Pare (Plymouth Rock Assurance) and Joseph Coyne, Jr. (Home & Auto Appraisal Bureau Inc.) both taking the position that the ADALB only had the power to regulate appraisers, not insurance companies. Although Starbard reminded the members that current regulations prevented the ADALB from levying fines against an insurer for the actions of an appraiser, Pare suggested that the proposed regulatory change could still have a negative impact on carriers conducting business in the state.

“The issue is, I don’t want to see the industry using the appraiser as a tool to punish the insurance company,” stated Pare, with Coyne warning that the Board was “overreaching [its] boundaries” by considering this topic.

Johnson countered that the change to the regulations would better ensure consumer protection during the repair process.

“I look at it like it’s a consumer law. If the consumer still wants to bring [the vehicle] to the drive-in, they can. If the consumer wants to bring it to the shop to be looked at by the appraiser, they should be able to. They shouldn’t have to be beat up by the appraiser who says, ‘You need to bring it to the drive-in appraisal service.’”

Not surprisingly, the vote to accept the proposed language was split down the middle, with two votes each from the Board’s collision repair and insurer representatives. Cox broke the tie by voting in the negative, reasoning that the language was already Massachusetts law without the Board needing to adopt it in their regulations. The only approved proposal concerning the regulatory passage cited herein was the deletion of the word “licensed” in the following sentence: It shall be a conflict of interest if any licensed appraiser operates a Drive-in Appraisal Service for an insurer at a repair shop.

The complete video of the August 3 ADALB meeting is available in the Members Only section of aaspma.org.

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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IN MEMORIAM Vincent L. Langone On July 21, AASP/MA said goodbye to Vincent L. Langone, who passed away at 80. Vincent’s son, Peter, is a current AASP/MA Board member and co-owner of Langonet Auto Body and Frame in Agawam.

Born in 1935, Vincent played football at Cathedral High School and graduated in 1954. He worked at Pratt & Whitney as an apprentice before going to work at American Bosch. Vincent was a manager at American Bosch for 25 years before going to work as a manager at B.F. Perkins. He worked at that company for over 10 years before retiring in 1995. Vincent is remembered as a compassionate, kind man with a heart of gold who loved his wife and family and did all he could do to make life better for them.

Besides his parents, Vincent was predeceased by his son Frank V. Langone in 2005, his in-laws, Peter and Loretta Silvester, and his brother Joseph Langone. He leaves his loving wife, Ann M. (Silvester); his son Peter A. and his wife Arlene of Suffield, CT; his daughter-in-law Karen Langone; his brother Frank Langone (and his wife Irma); his brother Anthony Langone (and his wife Colomba); his brother-in-law Frank Silvester; and several nieces, nephews and cousins. He also leaves behind his beloved rescue cats, Onyx and Shoebecka.

AASP/MA and New England Automotive Report offer the Langone family our deepest condolences.

Gerald T. O’Brien Gerald T. O’Brien, known by all as “Jerry O,” passed away on July 18, surrounded by his loving family at the Merrimack Valley Hospice in Haverhill.

He worked at AASP/MA member Boutiette’s Auto Body (Tewksbury) for over five years.

Born in 1955, “Jerry O” also worked as a DJ for 20-plus years, playing at clubs, private functions, weddings and charity events. Before becoming a DJ, Jerry ran the lights and sound for some of the best local bands in New England, including the rock band Love Lace and show band Larry and the Exciters. He also ran lights and sound for famous country artists such as Billy Ray Cyrus and Reba McEntire. He loved fishing, and he loved playing on his dart league for over 30 years. Jerry was also a 3rd degree member of the Knights of Columbus, Fr. Coppens Council #4336 in Tewksbury.

Besides his fiancée Jean Collins; Jerry is survived by daughter Tiffany Ashmore and her husband Shawn of West Virginia; son Geoffrey O’Brien and fiancée Victoria Grall of West Virginia; grandchildren Xzavior and Zander of West Virginia; sisters Charlene O’Brien of Billerica, Michelle Mercuri of Methuen, Lucille Beland of Methuen, Joan Santarlasci of Lawrence, Joanna Matterazzo of Pelham, NH; brother William “Billy” Santarlasci of Billerica; and his loving dogs Timber and Razor. He is also survived by five nieces and nephews, and many family and friends.

Our deepest condolences to “Jerry O”’s friends and family.

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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2016 AASP/MA GOLF OUTING

JULY 20, 2016 BLACKSTONE NATIONAL GOLF CLUB • SUTTON, MA PHOTOS BY JOEL GAUSTEN

HIGHLIGHTS

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THE PLAYERS: 15

1: Langone Team (L to R): Paul Hendricks, Peter Langone, Gary Cloutier, Scott MacDonald 2: Sherwin-Williams Team 1 (L to R): David Elie, Josh Parrish, Joe “Ace” Consolo, John Panzio 3: Sherwin-Williams Team 2 (L to R): James Gray, Joe Leahy, Matt Ciaschini, Perry McDonnell 4: LKQ/Keystone Team (L to R): Michael Dembowski, Rich Cote, Chris Sachs, Bino Dos Santos 5: Long Automotive Team (L to R): Ken Parker, Tom Schube, Scott Randall, Bill Spellane 6: Kearns Collision Team (L to R): Ryan Sifferlen, Bill Jones, Tom Colonair, Adam Izbicki 7: Auto Body Builders Team (L to R): Keith Ells, Rachel Skerry, Paul Tuscano 8: Arnie’s Auto Body Team (L to R): Ray Belsito Jr., Ray Belsito Sr., Peter Kilkenny, Don Salvatore

9: Fuller Team (L to R): Bill Henderson, Joshua Fuller, Roger Robinson, Jeff Fuller 10: Enterprise Team (L to R): Jon Ladas, Steve Pacios, Craig Sherbekow, Tim Denehy 11: Don Kennett Team (L to R): Derek Lighthall, Peter Ervay. Tom Ricci, Michael Levy 12: Brodeur Team (L to R): Darlene Andrade, Al Brodeur, Paul Sargent 13: Balise Motor Sales Team (L to R): Dan Elmer, Joe Robertson, Steve Wheeler, Mike Mayou 14: Rick’s Auto Collision Team (L to R): Rick Starbard, Leo Rodriguez, Pat Carroll 15: Cape Auto Body Team (L to R): Tom Mayer, Dave Gallerani, Stan Tavares, Kevin Gallerani 16: FinishMaster Team (L to R): Dennis Seaver, Jeff Sbrogna, Matt Peloquin, Rich Connor

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AASP/MA GOLF OUTING

HIGHLIGHTS

Congratulations to Joann from Custom Auto Body, who is now the proud owner of the Gronkowskiautographed jersey!!

AASP/MA THANKS ALL THE SPONSORS OF THIS YEAR’S TOURNAMENT! Tournament Sponsor: Enterprise Rent-A-Car Prize Sponsor: Bald Hill Chrysler Jeep Dodge Ram Dinner Sponsors: Lynch Associates, Inc. and Gonnello SEO LLC Lunch Sponsors: Best Chevrolet

Closest to the Pin: Jeff Sbrogna

Longest Drive: Keith Ells

Hole In One Sponsors: LKQ/Keystone Automotive and Long Automotive Group Competition Sponsors: Long Automotive Group and BASF Corporation

Tom Colonair of Kearns Collision took home a Lottery Tree.

Stan Tavares of the Cape Auto Body team won a 40-inch TV donated by Guy’s Auto Body.

Balise Motor Sales Team player Past AASP/MA President Paul Hendricks shows his support Mike Mayou took home for Lunch Sponsor Best a Fire Pit Gift Basket.

Chevrolet.

Hole Sponsors: Al Brodeur's Auto Body Albert Kemperle, Inc. Auto Body Builders Automotive Training Institute Body and Paint Center of Hudson Boutiette's Auto Body Cape Auto Body Don Kennett, Inc. FinishMaster Fuller Auto Body Linders, Inc. Paster, Rice and Castleman Rainbow Auto Paint & Body Supplies Tasca Automotive Thomas Greco Publishing, Inc. West Springfield Auto Parts Raffle Prize Donations: Blackstone National Golf Club Guy's Auto Body Wagner Motors

CONGRATULATIONS TO OUR WINNERS First Place Team Dennis Seaver, Jeff Sbrogna, Matt Peloquin, Rich Connor Second Place Team Ryan Sifferlen, Bill Jones, Tom Collonair, Adam Izbicki Third Place Team Keith Ells, Rachel Skerry, Paul Tuscano 32 September 2016

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Special thanks to Tournament Sponsor Enterprise Rent-A-Car!

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

SELF-DRIvINg CARS: A Boon for Lawyers and Liability Insurers The future is fast approaching, as car manufacturers move toward rolling out cars that will make us all feel like George Jetson.

Rather than the person behind the wheel having to navigate traffic with his or her eyes and ears while relying on physical reflexes, the new vehicles operate on a built-in autopilot feature. The car’s computer system senses what is going on around the vehicle’s perimeter and guides its steering, speed and braking. Theoretically, there eventually should be no more (or at least fewer) accidents, as distracted driving and incompetent drivers will be a thing of the past.

Autopilots don’t drive drunk, don’t fall asleep at the wheel, don’t talk on their cell phones and don’t have problems seeing at night.

Yet, there have been bumps in the road on the path to this near future. In May of this year, the first fatal accident involving a selfdriving car occurred. A Tesla Model S with a crash-avoidance autopilot system hit a truck that was crossing in front of it, went off the road and hit a fence and a power pole. According to news reports, Tesla blamed the accident on a technical failure of the braking system and claimed that the autopilot system itself had not malfunctioned. I am not quite sure why that is not a malfunction of the autopilot system, since the brakes are supposed to be controlled by it. But that is what Tesla asserted. Then, in the first week of August, Tesla reported that a non-fatal crash had occurred while a Model S was being operated on autopilot in Beijing. The crash in May apparently was not just a fluke. tHE LEgAL RAMIFICAtIoNS An automotive law blog that appears in my email every day suggests that the increase in self-driving cars will cause a major shift in automobile personal injury law. While the primary focus of personal injury claims involving cars until now has been bringing suit against negligent drivers, the future of these claims may shift to lawsuits against vehicle manufacturers, the makers of the autopilots that are installed in the cars and the developers of the software that run the autopilots.

This is a shift in the law that may have personal injury lawyers licking their lips. After all, car manufacturers, computer manufacturers and large software development companies tend to have very deep pockets - certainly much deeper than most human drivers. Notably, not only are most major car manufacturers trying to develop “autonomous driving” cars, but both Google and Apple (among others) are engaged in development of self-driving systems.

If personal injuries result from crashes involving malfunctioning autopilot systems, the plaintiffs’ lawyers will not have to worry about trying to collect damages from a negligent uninsured driver or a driver with minimal insurance and no assets.

Further, it is likely to be much easier to prove liability. When suing a human operator, a plaintiff has the burden of being required to establish that the driver was negligent, if not reckless. Yet, driverless cars should always be able to operate without crashes occurring. If there is a collision, then it may well be presumed that the autopilot system malfunctioned, and that the malfunction was the direct cause of the crash. There may be no need to show anything else 38 September 2016

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to prove negligence. If there was a crash, then the autopilot system obviously did not work correctly, and someone along the line must have been negligent in developing or installing the autopilot system. The car manufacturer, the maker of the system and the software developer may all be pointing fingers at each other, but in doing so, they would only be making the case stronger for the person who was injured and his or her lawyer.

Additionally, human operators do not come with warranties, nor are they required to be “marketable” or fit for any particular purpose. Yet, all states require car dealers and manufacturers to provide warranties for the vehicles they sell and produce. Under the Uniform Commercial Code, cars being sold have to be both “merchantable” and “fit for the particular purpose” for which they are sold. That means that they have to actually work correctly, in the manner that such vehicles ordinarily work, and they have to be able to meet the purpose for which such cars are made. Further, general warranties and warranties of merchantability and fitness for a particular purpose cannot legally be disclaimed in sales to consumers.

If a car with autopilot crashes, then it may be that there was a per se violation of the required warranties.

Automatic establishment of negligence, together with a per se violation of warranties causing personal injuries, make a powerful combination for plaintiff personal injury lawyers.

As a result of all of this, some legal commentators believe that there is also going to be a shift in product liability insurance. Seeing that they may have significant monetary exposure for injuries caused by collisions involving self-driving cars, the car manufacturers, autopilot makers, software developers and car dealers are going to be looking for ways to protect themselves from financial disaster.

That means that they will be looking for insurers to offer new types of product liability insurance policies. Carriers will be glad to provide those policies, so long as they can charge premiums large enough for them to make a profit. With the types of numbers that may be involved, those profits may well be quite sizable. An individual car owner today may feel very comfortable with $500,000 of bodily injury insurance coverage. But for the large players in the self-driving car manufacturing-marketing chain, the amount of the coverage will have to be astronomical.

A FInAl Word - ThE PoTEnTIAl EFFECT on ThE CollIsIon rEPAIr IndusTry While this article has concentrated on liability for personal injuries caused by self-driving cars, one should not lose sight of the fact that cars will get damaged in these collisions as well. Does this mean that there may be a shift in how collision repair shops are going to be compensated? Will the car manufacturers and others involved with the driverless systems be paying shops directly for repair costs attributable to crashes of their cars? Will shops be sending Directions to Pay to Tesla and other manufacturers rather than to local insurers?

The future, when it really comes, could be very interesting.

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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.

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[NATIONAL] NEWS

I-CAR and ASE Announce New Collaborative Effort I-CAR (the Inter-Industry Conference on Auto Collision Repair) and ASE (the National Institute for Automotive Service Excellence) have announced a collaboration that aligns and builds on I-CAR’s training and curriculum plus ASE’s testing and certification program.

I-CAR and ASE have been working closely for more than a year and a half on a set of high-impact joint initiatives for the benefit of technicians, students, schools and the industry.

I-CAR CEO & President John Van Alstyne and ASE President & CEO Tim Zilke made the announcement at the Collision Industry Conference meeting at the Anaheim Marriott Convention Center.

The organizations worked to collaborate to better recognize investments made in I-CAR training, related industry work experience and ASE certification testing accomplishments. To that end, ASE will now recognize I-CAR ProLevel 2 or 3 Platinum status to satisfy the requirements for ASE collision repair and refinish work experience.

I-CAR will now grant two credit hours toward Platinum annual training requirements for technicians who hold an ASE Collision Repair certification.

This collaboration will eliminate redundancy for technicians who seek to earn both designations, reduce the total training time and lower the time required to earn those designations.

A second important need for the organizations was to better collaborate in relation to curriculum and accreditation for career technical school collision repair programs. The collision repair industry defines training standards for these programs through NATEF (the National Automotive Technicians Education Foundation), which accredits those programs that meet the standards. In 2012, I-CAR launched the Professional Education Program - Education Edition (PDPEE) to align the collision repair training delivered by schools with the training I-CAR provides every day to the rest of the industry.

A careful review by both organizations confirmed that I-CAR’s Professional Development Program - Education Edition curriculum aligns with NATEF’s Collision Repair and Refinishing Standards task list. The newly updated “Official I-CAR CTE Curriculum Crosswalk to the NATEF Collision Repair and Refinishing Standards task list” documents this alignment, and the Crosswalk will be available from both I-CAR and NATEF.

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ASE President & CEO Tim Zilke (left) and I-CAR CEO & President John Van Alstyne announce their organizations’ new joint effort during the Collision Industry Conference in Anaheim.

With this collaboration between I-CAR and NATEF, schools that are using (or wish to use) the PDP-EE curriculum will find it easier to match the NATEF task list. This will benefit collision repair and refinishing programs, instructors and students. It will improve these programs and encourage them to use the I-CAR PDP-EE ProLevel 1 curriculum and become NATEF accredited.

Students will now be able to graduate from NATEF accredited programs with I-CAR’s Platinum recognition and the ASE Collision Repair and Refinishing Student Certifications.

“It’s important to know that through these collaborations, one doesn’t replace the other,” said Van Alstyne.

“Rather, I-CAR and ASE programs work together synergistically.”

Zilke added, “The combination of I-CAR training, NATEF program accreditation and ASE certification bring our industry full circle for finding and creating world-class collision repair and refinishing technicians.”

Additionally, I-CAR is offering training classes at the ASE Industry Education Alliance Instructor Training Conference every year and will present the first-ever I-CAR Collision Repair/Refinishing Technician of the Year Award at the ASE Fall Board Meeting.

This partnership approach to aligning and building training and curriculum will help advance the role of education and knowledge across the collision repair industry, and elevate the impact of recognition for technicians who have earned both I-CAR and ASE designations.

(Source: I-CAR/ASE press release)

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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[NATIONAL] NEWS

SCRS to Deliver Exceptional Education & Events at SEMA If you’ve never been to the sEMA show in las Vegas, you’re missing out on the one of the greatest automotive events on the planet.

November 1-4 will see over 100,000 automotive enthusiasts from around the globe gather at the Las Vegas Convention Center for hundreds of amazing classic cars, exclusive industry meetings, incredible vendor displays and so much more. Once again, the Society of Collision Repair Specialists (SCRS) will host an extensive auto body industry program at the Show, including more than two dozen classes in its Repairer Driven Education (RDE) Series.

The ongoing success and popularity of the RDE Series has been due to its commitment to providing relevant content. This year’s RDE courses have been individually selected or crafted by SCRS because the content specifically focuses on information and issues that are relevant to collision repair professionals operating in today’s marketplace.

On November 1, Tim Ronak of AkzoNobel Automotive and Aerospace Coatings NA will be on hand to present “You Charge ‘How Much’ Per Hour?” This session will explore the rapidly declining labor gross profit percentage due directly to the required additional costs of investment in equipment, facility and training for technicians to remain capable of safe repairs. Strategies will be explored to understand the pricing mechanisms at shops’ disposal to offset these rising business costs to justify a return on that capital expenditure. Attendees will learn the following: • What the collision industry labor profitability trends look like now (and looked like over the last several years); • Why to invest in additional facility, equipment or training (and how much total money is necessary); • How to identify the real opportunity cost to the business with technical staff away for training (and how to quantify that cost); • How to define and calculate ROI on the capital investment required for training and tooling (and what level of return is reasonable to expect); • How to equate the additional capital expense for facility, equipment and training into a reimbursable charge; and 46 September 2016

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• How to rectify if additional invested costs of training should be passed on to customers or if they are “just a cost of doing business.”

With technology rapidly changing throughout the industry, SCRS aims to use SEMA 2016 as a way to showcase crucial developments in the collision repair field. During “Advanced Vehicle Systems: Are We Ready?” Jake Rodenroth of Collision Diagnostic Services will help attendees put an action plan in place for them to properly handle today’s vehicles and keep business partners and consumers informed. The presentation will explore the role that diagnostics play in a collision repair environment, including providing an overview of a variety of advanced vehicle systems and how a shop should react when these systems are encountered.

Of course, there’s more to SCRS’ participation at SEMA than exceptional educational opportunities. The association will once again host the allday OEM Collision Repair Technology Summit on November 3, followed that evening by the RDE Sky Villa After-party. According to the association, the all-day Summit “is one of the most unique networking and learning opportunities available to the collision repair industry, designed to put SEMA show attendees in a room with innovators in automotive structural design and technology. The Summit’s focus is on emerging trends in vehicle construction and technology and how both of those aspects influence vehicle repairability and collision industry preparation. The presentations will feature companies and individuals with rich histories of producing sophisticated advancements in the automotive and collision repair fields, and will highlight technical insight into architecture and development of modern vehicles and how those advancements intersect with the repair process.

Every participant in this industry can benefit from better insight into how vehicles and materials are evolving, what that means in the repair process and what will be expected of those who are performing these repairs.”

For registration and more information on SCRS’ activities and events at SEMA (including a complete rundown of all RDE classes and how to get an RDE Full Series Pass), visit scrs.com/rde.

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

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[TECH] CORNER by Chloe Durante

American Honda: “Pre- and Post-Repair Scans Are Required” As discussed in our last issue (“Repair Scanning: What the OEMs Have to Say,” NEAR August 2016), automakers are beginning to take public positions on the importance of pre- and post-repair scanning. Now, American Honda has

decided to take a strong stance on the hot-button issue by not only suggesting or recommending repairers scan and calibrate their vehicles, but requiring these diagnostic scans be done to all Honda and Acura automobiles. The very first

sentence of the position statement (online at tinyurl.com/gt3fftx) reads: It is the position of American Honda that all vehicles involved in a collision* must have the following minimum diagnostic scans, inspections and/or calibrations done to avoid improper repair. *A collision is defined as damage that exceeds minor outer panel cosmetic distortion.

While all other position statements on pre- and post-repair scanning have been playing it safe by only recommending preliminary diagnostics, Honda is leaving little wiggle room for misinterpretation.

According to Honda Collision Business Specialist Chris Tobie, the manufacturer’s position statement had been in the works for quite some time.

“Proper repair is so important that we wanted to place sufficient emphasis where necessary throughout the statement. Frankly, some of the misinformation floating around the industry caused us great concern. We recognize that cost control is a required and necessary part of any business; however, cost control at the expense of complete and proper repairs is an unacceptable situation to American Honda.”

In addition to taking a powerful position throughout the published document, American Honda wanted to include the how and why of scans and calibration: Honda and Acura vehicles include numerous electronic control systems, including those that operate safety and driver assist systems. Most of these systems include onboard self-diagnostics that monitor the state of health and/or rationality of input and output circuits. When monitored circuit values fall outside predetermined thresholds, DTCs may be set in one or more electronic control unit (ECU).

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The mechanical forces encountered in a collision can damage electrical circuits and components in ways that are not easily diagnosed with visual inspection methods.

Here are some other electronic control system self-diagnostic facts: • The proliferation of electronic control systems has increased the number of potential DTCs beyond the point where a dashboard indicator can be installed and/or illuminated for every DTC. Dashboard indicators are intended for driver notification, not vehicle diagnostics.

• Therefore, the presence or absence of dashboard indicators/warning lights is not an acceptable method to determine if post-collision diagnostic scans are necessary.

• Many DTCs do not illuminate any dashboard indicators, but an electronic control system may still operate improperly or be completely inoperative.

• Because of the complexities of serial data networking, dashboard indicators that do illuminate may appear unrelated to the actual vehicle problem.

• Some self-diagnostics require multiple failures, or other criteria such as a number of drive cycles, to be met before illuminating any indicators.

• Low battery voltage and/or repair procedures may inadvertently set multiple DTCs. Clear the DTCs and determine

which ones reset after battery voltage is stabilized.

The Honda statement also offers a direction for shops to follow in terms of scanning equipment: i-HDS software, as well as other service information, is available to independent repair facilities and others for use on laptop or desktop computer hardware. These may be purchased in three time intervals: 1 day, 30 days and 365 days. NOTE: The i-HDS software requires the use of a Bosch MVCI or Denso DST-i vehicle communications interface (VCI) device between the vehicle and your computer, which must be purchased separately.

While Honda urges shops to purchase the i-HDS diagnostic software, the required procedure may exceed some shops’ current skills or comfort level – in which case, the dealerships are ready to assist.

Going forward, American Honda expects its ProFirst Certified shops to follow all published procedures to help ensure complete and proper repair.

However, according to Tobie, “Mandating and policing compliance with doing proper repair procedures is difficult in an industry of this size. We think of following proper repair procedures as a matter of pride in one’s work, and conscience is the best practice.”

Honda has used its latest position statement to outline the various driver assistive systems that require software-

based calibration to ensure proper operation after a repair: • Adaptive Cruise Control (ACC) • Collision Mitigation Braking System (CMBSTM) • Forward Collision Warning (FCW) • Lane Departure Warning (LDW) • Lane Keeping Assist System (LKAS) • Road Departure Mitigation (RDM) • Blind Spot Information (BSI) • LaneWatch (Honda Only) • Multi-View Camera System (MVCS Acura Only)

“American Honda has received overwhelmingly positive feedback from the collision industry,” Tobie observes.

“We spent extra time during the development of this position statement, sharing our proposal with selected collision industry contacts so we could better understand the actual situation from different industry perspectives. That led us to make significant revisions to our original position statement draft.”

As Honda’s straightforward message gains traction, it is only a matter of time before other manufacturers decide it’s time to take the leap. New England Automotive Report will provide updates on manufacturer position statements as they are released. For more information on Honda’s pre- and post-repairing scanning position statement, please visit honda.com.

MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

PRESIDENT’S MESSAGE continued from page 8 As we work on our legislative agenda for the upcoming session beginning in January 2017, I’d like to take this time to note that, despite our disappointment, there are more avenues than ever before - and more hope - to help repairers receive fair compensation on repair jobs in Massachusetts.

The Auto Damage Appraiser Licensing Board (ADALB) is working harder than ever on behalf of repairers throughout the Commonwealth, and has been very active in helping to chip away at the issues affecting us. If you are experiencing problems in receiving fair compensation on repairs, I urge you to submit your complaints to the ADALB. The Board provides a platform for your voice to be heard whether your concerns revolve around failure to negotiate,

paint and materials reimbursement, reimbursement on subletting or any appraiser-related issue. And of course, we at AASP/MA want to hear your thoughts and feelings on our next step as well. Please contact our office at (617) 574-0741 and let us know how we can help best promote your success now and into the future. I encourage you all to remain hopeful for what the future holds, and I look forward to working with you to improve the industry for us all.

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.

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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: awilliams@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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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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AUT M TIVE AD INDEX Accudraft Paint Booths ............................OBC Audi Group ....................................................24 Audi Shrewsbury ..........................................41 Axalta Coating Systems ..................................4 Bald Hill Chrysler Jeep Dodge Ram..............8 Balise Wholesale Parts Express ....................15 Baystate Chrysler/Jeep/Dodge ..................14 Best Chevrolet/Best CDJR..........................IFC BMW Group ..............................................16-17 BMW/Mini of Warwick ................................25 Clay Subaru ....................................................27 Collision Equipment Company ..................23 Colonial Auto Group ......................................9 Empire Auto Parts..........................................54 MASSACHUSETTS BUILDING THE SUCCESS OF THE AUTO REPAIR INDUSTRY

Enterprise ........................................................43 First Chrysler-Dodge-Jeep-Ram ..................43 First Ford ........................................................43 First Hyundai..................................................43 Ford Group ....................................................40 FutureCure ......................................................28 Honda Group..................................................52 Hyundai Group ..............................................34 Imperial Ford ..................................................40 Infiniti of Norwood........................................29 Ira Group....................................................12-13 Kelly Automotive Group............................IBC Kia Group........................................................45 Linder’s, Inc. ..................................................50 Long Automotive Group ..............................53 Mazda Group..................................................42 Mercedes-Benz of Shrewsbury ....................41 Mopar Group..................................................35 Nissan Group..................................................37 Polyvance ..........................................................6 PPG ....................................................................3 Robertsons GMC Truck ................................49 Sarat Ford Lincoln..........................................27 Sentry Group ..................................................36 Steck Manufacturing ....................................52 Subaru Group............................................20-21 Tasca Group ....................................................39 Toyota Group..................................................33 Village Auto Group........................................47 VW Group ......................................................48 Wagner BMW of Shrewsbury ......................41 Wagner Kia of Shrewsbury ..........................41 Wellesley Toyota/Scion ................................49 Wheel Collision Center ................................54

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