Convention Puts Members In Touch With The Process
by Robert L. Redding, Jr. * During the Automotive Service Association (ASA) Annual Convention in April, I was very fortunate to be able to follow ASA members participating in our day at Capitol Hill as they marched up Independence Avenue. Although we took a group picture standing in front of the U.S. Capitol, perhaps the most meaningful image was that of ASA members walking along the famed avenue. Clearly, the name "independence" holds great meaning for an industry comprised of "independent" entrepreneurs.
In the last five to 10 years there has been a great deal of cynicism surrounding the legislative process. One of the first articles I wrote for ASA had to do with grassroots involvement in the legislative branch of our government. Anyone involved in ASA’s 1996 Annual Convention understands the value of being involved in the political process. People can make a difference if they assert themselves and make their views known.
From the opening session onward, ASA’s goal was to take the independent repair industry’s many issues and show how they blend into the process of the legislative and executive branches of government. Ron Matzner, deputy counsel at the Small Business Administration (SBA), discussed many of the reforms being initiated in the Clinton administration on regulatory relief for small businesses. This included paperwork reduction, fewer regulations and more small business involvement in the compliance area.
ASA was fortunate to have Dick Wilson, the Environmental Protection Agency’s (EPA’s) deputy associate administrator, discuss the EPA’s national rule pertaining to volatile organic compound (VOC) emissions from refinish products and how it will impact collision repair shops. He also pointed out recordkeeping requirements and how the EPA hopes to make the agency’s regulations less burdensome on the independent repairer. Wilson was very helpful to ASA in the development of OBD II regulations, particularly in the area of information availability and the independent repairers’ right to the same information provided to automobile dealers.
Through panel sessions, ASA provided more issue-specific information and dialogue. These sessions discussed the Clean Air Act, point-of-sale controls on refinish products and the national VOC rule, and insurance issues from a lawyer’s point of view.
ASA was pleased to have two top staff people involved in the Clean Air Act debate, U.S. Rep. Joe Barton’s chief counsel and U.S. Sen. Lauch Faircloth’s top specialist for the Clean Air subcommittee, discuss the Clean Air Act amendments and current environmental policy trends. Emissions inspection and maintenance (I/M) has been a hot issue around the country and no two individuals have been more involved than these key staffers. Representatives from the American Lung Association and the trade association for emissions testing companies contributed to an excellent discussion. Russ Hinz, president of the Coalition for Safer, Cleaner Vehicles (CSCV), served as moderator. Hinz develops the "Atlas," which has served as the foremost quarterly document on state-by-state I/M programs.
The "point-of-sale" session brought in experts on the national VOC proposed rule subsequently published April 30 in the Federal Register. As part of this discussion, distributors and shop owners debated pros and cons of a point-of-sale program. Several ASA state legislative activists said they want to make point-of-sale a priority for their state legislative agenda. Shop owners had an opportunity to discuss point-of-sale activity in their states.
A highlight of the annual meeting was the insurance panel. In the last year, particularly since the introduction of the proposed "managed care" rule in New Jersey, the automotive trade press has had a tremendous amount of commentary on legal issues surrounding the relationships among insurers, repairers and consumers. ASA has been very concerned about the misrepresentation, in many instances, of various cases and current law. In an effort to get accurate information to the collision repair community, ASA put together a panel comprised of a top U.S. Justice Department Antitrust Division attorney, the general counsel of the American Insurance Association, the legislative counsel for the Insurance Commissioners Association and the counsel for Public Citizen. The panel sought to address many of the cases directly related to the collision industry. ASA believes it is critical for shop owners to have accurate information before forming opinions about the insurer/repairer/consumer relationship. Shop owners need to have open dialogue with all facets of the industry.
ASA put together an agenda for members of Congress that demonstrated the highest priorities for the Mechanical and Collision divisions. From small business issues, to salvage and insurance, to the Clean Air Act, members of Congress were able to see and hear from real shop owners what goes on day-to-day in their businesses.
What fascinated me the most was the energy shop owners displayed in their visits to congressional offices. This is the kind of energy that will move our industry forward. We do not have the luxury of throwing our hands up and walking away. We are a highly regulated industry. What Congress does day-to-day impacts us, whether it be legislation regarding small businesses or directly targeted at the automotive aftermarket. There is then regulatory activity after a bill is signed into law. The executive branch takes charge and produces the regulations that implement the law.
This was a very special week for ASA. ASA is the largest and oldest association for automotive service professionals in the country. One visit to Washington, D.C., and Capitol Hill will not solve all of our problems. Hopefully, the convention will serve as a springboard for the type of citizen involvement that will help move our industry into the next century.
* Robert L. Redding, Jr., is the Automotive Service Association’s (ASA’s) Washington representative. He holds a law degree from the George Washington University School of Law.
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AutoInc. Magazine ®, Vol. XLIV No. 6, June 1996