ASA Sets Legislative Objectives For 105th Congress
The Automotive Service Association (ASA) has set its legislative objectives for the first session of the 105th Congress, which convened Jan. 7, 1997. The objectives outline ASA's position and strategy on key issues facing the automotive aftermarket, as well as small businesses.
In addition to monitoring legislation in the 105th Congress, ASA will pursue the following in 1997:
Reform Of The Insurance Industry
- ASA supports the repeal or modification of the McCarran-Ferguson Act, which exempts the insurance industry from federal antitrust laws.
- ASA supports legislation that prevents insurance companies from requiring the use of aftermarket crash parts unless the vehicle owner consents in writing.
- ASA supports legislation providing for the disclosure of certain insurance data to facilitate assessment of any relationship between liability insurance cost and the civil justice system.
- ASA supports legislation to restore the authority of the Federal Trade Commission over the business of
insurance.
- ASA supports more stringent solvency regulations.
Vehicle Inspection Legislation
- ASA promotes and supports federal programs for assistance to the states in establishing motor vehicle inspections for safety and emissions. The federal programs should provide inspection criteria and give technical, limited administrative and financial start-up assistance to the states, so that each state may implement an inspection program tailored to meet its own unique requirements.
- ASA supports legislation that encourages the states to adopt safety inspection programs, combined with vehicle emissions inspection programs (I&M) where feasible.
- ASA supports technician training and certification initiatives that will generate qualified technicians to perform additional maintenance and repairs. ASA supports technician tracking programs to compile data on technician performance to assist management decisions to improve training, assist shop owners to select skilled technicians and provide an incentive for technicians to seek training.
- ASA opposes accelerated vehicle scrappage programs in instances where older, high-emitting vehicles can be identified and adequately repaired. ASA supports programs that encourage private industry polluters to give subsidies to needy vehicle owners to assist in repairing older vehicles so they comply with safety and emission standards.
- ASA supports the original mission of the Coalition for Safer, Cleaner Vehicles (CSCV). ASA supports strengthening CSCV through strong leadership, financial order and broadened focus to reflect the goals of ASA regarding the promotion of safety and emissions inspections and training programs.
Labor Legislation
- ASA supports a system of voluntary, non-discriminatory private sector health care benefits. ASA opposes legislation that would compel all employers to offer health care coverage to their employees.
- ASA supports the continued deductibility of health costs in small business.
- ASA supports employer compliance with the Occupational Safety and Health Administration's (OSHA) "worker right-to-know" regulations. ASA opposes further legislation that would duplicate or strengthen OSHA's extensive hazard notification requirements.
- ASA supports tax incentives for employers to offer a wide array of employee benefits.
- ASA opposes legislation that would bar employers from permanently replacing striking workers.
Small Business Legislation
- ASA supports the reform of product liability law through enactment of a uniform federal product liability law to replace the current system of differing state product liability laws. ASA supports federal and state tort reforms.
- ASA opposes granting vehicle manufacturers monopoly copyright or patent rights on sheet metal parts or design patents on the shapes of other OE parts.
- ASA supports the Coalition for Fiscal Restraint (COFIRE) to oppose any new federal taxes and to urge Congress to restore the capital gains tax.
- ASA supports a constitutional balanced budget amendment.
- ASA opposes new and added administrative responsibilities and costs for all automotive repair establishments through regulations under the Anti-Car Theft laws.
- ASA supports vertical price-fixing prevention legislation to outlaw conspiracies between large retailers and manufacturers to make merchandise unavailable to independents who discount the price of the product.
- ASA supports regulatory flexibility legislation to require analysis and estimates of the likely impact of Federal legislation and regulations upon small business and to clarify procedures for judicial review of Federal agency compliance with regulatory flexibility analysis requirements.
- ASA supports legislation to reduce Federal paperwork and regulatory burdens.
Environmental legislation
- ASA supports legislation that establishes the procedural means to limit the transfer of automotive products containing volatile organic compounds to those who are properly trained and certified to sell, apply and dispose of such products.
- ASA supports attempts to reduce the amount of oil and antifreeze disposed of improperly each year through recycling legislation with business incentives.
- ASA supports legislation that would provide incentives for the recycling of scrap tires and lead-acid batteries.
Motor Vehicle Titling Legislation
- ASA supports uniform federal motor vehicle titling
legislation.
- ASA opposes titling legislation that defines a "salvage vehicle" by an arbitrary assessment of damage as it relates to current retail value.
Monitor Changes In Existing Government Regulations
The Washington office monitors and reports to the ASA membership on proposals and changes in federal agency regulatory actions that may affect ASA members' businesses. ASA will pay particular attention to new regulations governing the Clean Air Act amendments, hazardous waste, community right-to-know, underground storage tanks and Superfund.
ASA supports and actively participates in the Washington Aftermarket Group, the Coalition for Competitive Repair Parts, the Antifreeze Coalition and the Small Business Legislative Council and a variety of government coalitions and working groups. The Washington representative serves on advisory committees of the U.S. Departments of Transportation and Justice on issues regarding vehicle theft and titling, in addition to an advisory committee of the U.S. Environmental Protection Agency concerning storm water issues.
ASA will continue to participate in and coordinate comments and responses to EPA and OSHA rules and other agency regulations.
It will monitor Department of Labor, Education and Transportation proposals and grants for training; monitor federal and state court activity; provide ongoing guidance to the states in matters of shop and technician licensing and certification; respond to the directives of the board of directors and coordinate actions according to the dictates of the ASA master plan; provides public relations and public information services on behalf of ASA.
The Washington office, upon request of the officers or board of directors, will provide special trade and antitrust legal opinions and services to ASA. It will respond to other special requests of the board and maintain liaison with other automotive and related trade association on legislation and regulations;
The Washington office will provide press releases, special reports and other public relations materials to complement and support ASA's legislative and regulatory activities and to keep ASA members aware of what is happening in Washington that may affect their businesses. The Washington office will continue working with the national news media and with other automotive trade associations.
ASA To Pursue State Legislative Objectives
In addition to its federal legislative objectives, the Automotive Service Association (ASA) will purse the following state legislative objectives in 1997:
Monitor State Legislation
The Washington Office Will:
- Lobby in support or opposition to pending or future legislation in order to influence state legislatures to fashion legislation that is most favorable to ASA businesses.
- Develop favorable new legislation and seek sponsors and supporters both inside and outside the state legislature.
- Study, evaluate and report on all new legislation for its potential impact on ASA members.
- Garner grassroots support from ASA members and other interested parties on issues of principal concern.
Develop Positions And Lobbying Strategies
The Washington Office will recommend positions and lobbying strategies for legislation that has been introduced or for any new proposals to be supported or opposed by ASA.
Insurance Reform
ASA supports state legislation that provides that no motor vehicle insurance policy may require the insured to use a particular repair facility for repair services.
ASA supports state legislation that prevents insurance companies from requiring the use of aftermarket crash parts unless the vehicle owner consents in writing.
ASA opposes state legislation that allows insurance companies to offer policyholders the option of purchasing policies that provide that only certain repair facilities will be used in the event of a claim in return for reduced premium charges.
Vehicle safety and emissions inspections
ASA supports legislation that encourages the states to adopt safety inspection programs, combined with vehicle emissions inspection programs where feasible.
ASA supports effective state vehicle emissions inspection and maintenance programs tailored to meet each state's own unique requirements.
Clean Air Issues
- ASA supports state legislation that limits the sale and distribution of automotive refinish products.
- ASA opposes state legislation promoting accelerated vehicle scrappage programs in instances where older, high-emitting vehicles can be identified and adequately repaired.
Miscellaneous Legislation
- ASA opposes state legislation that attempts to limit the payment plans by which automotive technicians are compensated.
- ASA opposes state legislation that requires automotive repair shops to provide long-term warranties on labor and parts.
- ASA opposes state legislation that requires repair shop licensing or registration without the majority consent of repair facilities statewide.
- ASA opposes state legislation that would require motor vehicle repair technicians to give all customers a firm estimate of the time and money required to complete repair jobs.
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AutoInc. Magazine ®, Vol. XLV No. 1, January 1997