New Powersports Dealer Regulations
Jerry Abboud
Executive Director

With the passage of HB07-1081, The Motor Vehicle Dealer Licensing Board was charged with writing new regulations to implement the law. Many of the regulations you now follow regarding motor vehicle sales had to be adopted for the powersports product line. It was certainly an honor for PDAC to be asked to participate directly in the development of the proposed regulations providing direct representation of our members on this critical part of rulemaking.

Beginning with numerous meetings with both the Motor Vehicle Dealer Board and their staff, PDAC provided direct input on key issues that distinguish the powersports business from the motor vehicle business. At various times board members Kurt Finely, Jason White, Donovan Facey, Jack Starr, Bill Comegys, Brian Harris and Mike Hendry provided valuable input and participated face top face with the Dealer Board. The result was over 30 pages of regulations that will apply to powersports dealers. The approximate date these regulations will become effective is January 1, 2008.

Most of the regulations are identical to the current motor vehicle regulations you already follow including the advertising rules. PDAC worked to make the transition as easy and simple for the dealer as possible. The proposed regulations provide some areas that are different for dealers.

  • Beginning with the 2009 model year, all four wheel ATVs sold in Colorado must comply with the 2007 ANSI/SVIA Standards. All major US, Canadian, Japanese and Asian manufacturers (Kymco for example) will meet these standards. Those that do not cannot be legally sold in Colorado. This will move toward removing unsafe, unreliable and poorly designed product from the state over time.

  • There will be a powerports vehicle disclosure form that goes with the sales contract. No surprises but if you are not providing one now you will be required to do so in the future.

  • Compensation disclosure form for use whenever a used powersports vehicle dealer negotiates the sale or exchange of a new or used powersports vehicle. This means the people who used to broker deals must be licensed as a used dealer and disclose any compensation they receive.

  • Advertising Rules make allowances for "model" of vehicle so it must only be disclosed if known. Also title requirements and salvage disclosure have been removed.

  • Clarifies that hours of operation of additional locations are subject to the same requirements as the principle place of business.

  • Salespersons working for more than one dealership are required to be licensed for any dealerships they sell for just like motor vehicle sales personnel.

  • "Material Particulars" disclosure. Prior to the new law, a customer could have taken a dealer to court over any "material particular" regarding a powersports product sold that was not disclosed. To prevent this problem, "material particulars" are narrowly defined. They will appear on a standard form. They include the year of the vehicle make, miles (only if applicable meaning an actual odometer), hours of operation, (only if fitted with such a device) and whether the vehicle was used as a daily rental.

  • The "Damage Disclosure" provision of the material particulars form also requires you to disclose actual knowledge you may have of complete replacement of the engine, drive train or Chassis. This is much narrower and more realistic than the current motor vehicle regulations concerning "material particulars". As an example when it is apparent that a quarter panel has been poorly replaced on a car, you must disclose it. If the plastic or handlebars or exhaust system for example are replaced those would not constitute "material particulars" to be disclosed.

  • These are the unique provisions and are designed to disclose to the consumer and to protect the dealer. Progress on the rulemaking will be made available as the process moves forward to PDAC members.


    DeGette Introduces Colorado Wilderness Act of 2007

    DENVER – As Colorado’s remaining wild lands continue to be threatened by oil and gas drilling and encroaching development, Chief Deputy Whip Diana DeGette (D- CO) today reintroduced the Colorado Wilderness Act of 2007. Joining Rep. DeGette at her press conference was Tresi Houpt, Garfield County Commissioner and member of the State Oil and Gas Commission, David Getches, Dean of the University of Colorado School of Law, Paul D’Elia from Patagonia Denver, and representatives and citizens from the Colorado conservation community.

    Below are U.S. Rep. DeGette’s remarks as prepared for delivery:

    I am proud to be before you today to announce the reintroduction of the Colorado Wilderness Act of 2007. Since 1999 I have had the privilege of introducing legislation to protect wilderness quality public land across Colorado. However, since that time, our state has seen many of our states special places and wilderness areas put under pressure and in threat of being lost forever.

    That is why I am proud to announce my intention today to reintroduce an updated, revamped, and sweeping proposal to protect 62 separate areas across Colorado making up nearly 1.65 million acres of Coloradans’ public land as wilderness.

    I am pleased to be here with many advocates of wilderness in Colorado, including Garfield County Commissioner Tresi Houpt, David Getches, Dean of the University of Colorado School of Law and Raphael J. Moses Professor of Natural Resources Law, Paul D’Elia of the Patagonia Corporation, as well as a number of conservation groups from across Colorado under the umbrella of the Colorado Wilderness Network, who for years have been the backbone and on the frontlines of defending wilderness in Colorado. Thank you for joining me today.

    We are gathered here to put protecting our public land literally back on the map. Colorado’s tremendous beauty and landscapes are always in the forefront of every Coloradan. It comes as no surprise then that in a recent poll 70 % of Coloradans supported more wilderness and wildlands in Colorado. Indeed Democrats, Republicans, Western Slope and Front Range residents alike support protecting our public lands.

    The poll showed that Coloradans support balance in our public lands management but we also want to protect the special areas of this State. Most of all, we want to leave what is special about Colorado for future generations.

    Colorado and our wilderness are at crossroads. In the last 7 years our State’s public lands have faced an onslaught like it has never seen from the Bush Administration, particularly on lands managed by the Bureau of Land Management. Over 85,000 acres of wilderness quality public lands have already been leased for oil and gas drilling in Colorado and more are offered up every day.

    Drilling rigs, new roads, pipelines, more well pads, more noise, and more dust has tarnished our landscapes, impacted our communities, and disrupted sensitive wildlife.

    While there is room for energy development and leasing on our public lands, with over 80% of land available for oil and gas leasing, I think some of our most beautiful and sensitive areas should be off limits. This development is being allowed to encroach into our wildlands - removing from consideration many areas deserving of wilderness protection.

    I cannot stand by as a fourth generation Coloradan and let every last acre of our state be sold to the highest bidder in the latest lease sale.

    It is time to stand up for what makes Colorado special, for what brings thousands of tourists here year round providing consistent and long term benefits to our economy and communities. It is time to protect the sanctuaries our wildlife and endangered species depend on and to preserve for our children the Colorado we see and love today for future generations. It is time to protect the wild places of our state once and for all.

    I recognize the Colorado Wilderness Act is an ambitious proposal. However, it is my view that piece-mealing wilderness in this State, acre by acre, is a limited proposition and one which could delay the preservation of thousands of acres of public lands for an interminable amount of time.

    While individual areas may be easier to pass in the short term, the Colorado Wilderness Act in its totality is not as formidable as may seem - at 1.65 million acres the Colorado Wilderness Act makes up 1/8 of total Bureau of Land Management public land and only seven percent of total public land in our State. It consists of over 800,000 acres already managed by the BLM as wilderness study areas. Furthermore, the Colorado Wilderness Act of 2007 is a carefully researched proposal with its wilderness qualities and boundaries established using sophisticated geographic information systems and double checked on the ground by dedicated citizen volunteers.

    I also understand that wilderness and our public lands do not remain in an unchanging vacuum. I have made several changes to this legislation including adjusting boundaries for ongoing energy development and activities, but also adding several thousand acres of new areas which have been discovered and advocated by citizen volunteers since my original introduction in 1999.

    I am also happy to announce a significant compromise in this legislation. In Colorado we have a saying, "Whisky is for drinking and water is for fighting.” For too long the issue of water rights has been an unnecessary impediment to wilderness preservation in Colorado. In recognition of the importance of water and water rights in our state and in light of our recent drought and increased demands on water supplies, I have rewritten the water language in this bill to ensure the federal government plays by the State of Colorado’s water laws and regulations.

    Professor Getches will expound on this later. But this major change to my bill shows that I am committed to listening to all sides interested in public lands and wilderness issues in Colorado and open to reasonable changes and adjustments. As the wilderness debate moves forward, my promise to listen to all sides will stand and I look forward to an ongoing dialogue about wilderness in Colorado.

    For maps and detailed descriptions of the Colorado Wilderness Act please link to:http://canyoncountrywilderness.org

    Below are the areas that would be protected under U.S. Rep. DeGette's Wilderness Act:

    Proposed Wilderness Area Acreage
    Adobe Badlands 10,742
    Badger Creek 25,229
    Bangs Canyon 21,110
    Beaver Creek 38,378
    Big Ridge 24,887
    Bitter Creek 3,021
    Black Mountain - Windy Gulch 22,439
    Browns Canyon 20,025
    Bull Canyon 16,781
    Bull Gulch 15,155
    Castle Peak 16,263
    Cold Spring Mountain 50,536
    Cow Ridge 15,721
    Cross Canyon 25,947
    Cross Mountain 18,057
    Deep Creek 20,843
    Demaree Canyon 25,881
    Diamond Breaks 34,009
    Dinosaur Additions 63,469
    Dolores River Canyon 41,133
    Dominguez Canyons 84,410
    Dominguez North 12,449
    Dragon Canyon 6,748
    Flat Tops Addition 16,427
    Grand Hogback 11,701
    Granite Creek 14,089
    Grape Creek 44,372
    Handies Peak 72,397
    Hunter Canyon 32,126
    Kings Canyon 9,398
    Little Bookcliffs 30,557
    Mares Tail 4,809
    Maroon Bells 316
    Maverick 20,585
    McIntyre Hills 17,318
    McKenna Peak 33,467
    Norwood Canyon 13,288
    Oil Spring Mountain 25,005
    Pinyon Ridge 20,903
    Pisgah Mountain 15,679
    Platte River Addn 33
    Powderhorn Addition 3,306
    Prairie Canyon 18,687
    Redcloud Peak 38,594
    Rio Grande 10,863
    Roan Plateau 40,494
    Roubideau 22,604
    S Shale Ridge 27,569
    Sagebrush Pillows 5,143
    San Luis Hills 23,536
    Sewemup Mesa 65,448
    Skull Creek 30,735
    Snaggletooth 32,050
    Table Mountain 27,888
    The Palisade 26,914
    Thompson Creek 25,285
    Troublesome 119,676
    Unaweep 39,392
    Vermillion Basin 86,569
    Weber-Menefee Mountain 14,598
    West Elk Addition 6,878
    Yampa River 12,436
    Totals 1,674,368


    AMA Action Alert for Colorado and New Mexico: Third and Final Phase of the Santa Fe National Forest Travel Management Workshops

    From our friends at the New Mexico Off-Highway Vehicle Alliance.

    We are at a crossroad for keeping our trails in the forest. The Santa Fe National Forest is deciding right now where dirtbikes, ATVs, and 4 wheel drive vehicles will be allowed. Once the allowed roads and trails are decided, all other roads and trails become illegal for us to use. The nationwide Travel Management Rule (TMR) announced two years ago requires the National Forest to make these designations. The process must have public participation. Over the past year many volunteers in New Mexico have put in countless hours of GPS'ing, route documenting and meeting with Forest Service staff. Our goal is that the Forest Service keeps most of our trails, roads and traditional riding areas open for us to use.

    Now, after months of waiting, the Santa Fe National Forest is finally going to reveal their proposal for where off highway vehicles will be allowed. They are doing this in a series of meetings in Santa Fe, Albuquerque, and the rural communities borders the forest. All OHV enthusiasts are encouraged to attend and comment. Go to http://www.fs.fed.us/r3/sfe/travelmgt/index.html for more information and background on the TMR and its effect on OHV recreation. If you cannot attend one of the meetings, your comments can be sent by mail or email.

    This is a first proposal, it is not necessarily the final version. But the Santa Fe National Forest has been working for over a year on this. We rely on you to review these maps and tell the Forest Service what you think. Are the roads and trails you use included on the maps, or would you lose your access to recreation because your favorite trails are going to be closed?

    A coalition of OHV users has submitted their own proposals to the Santa Fe National Forest for trails and roads. These include the New Mexico 4Wheelers, the New Mexico Trials Association, Sierra Riders ATV CLub, Blackfeather Motorcycle Club. For more information contact the New Mexico Off Highway Vehicle Alliance www.nmohva.org at info@nmohva.org. We have been waiting for these public meetings we'll see if the Santa Fe National Forest is listening to us.

    Meeting Schedule: http://www.fs.fed.us/r3/sfe/travelmgt/Phase3_schedule.pdf



    Bikers, motorcyclist upset by radio DJs comments
    Written by: Carrie McClure , 9News.com

    DENVER - For years, motorcyclist Dana Straw has been an avid listener of Alice 105.9's morning show. That is, until, this week, when he heard something he could not believe. He says one of the show's three disc jockeys, known as "Howie," was talking about an encounter he had with a motorcyclist on the road who was driving erratically.

    "He said, 'I wanted to open a car door on these guys who were passing me on the shoulder of the road on the right hand side of the road,'" said Straw. "And then today, during his broadcast, pretty much was inviting other listeners to call into the radio and tell their stories, and was kind of egging listeners on to explain they would like to do the same thing too."

    Since the broadcast Wednesday morning, word of what reportedly took place on the airwaves has sparked a massive campaign by local motorcycle groups to boycott advertisers and listeners alike from the station.

    They are writing in by the hundreds, sometimes thousands, on Web sites like www.cosportbikeclub.org.

    "When you have people telling you how to harm other people on the road, especially people who are unprotected like motorcyclists and don't have a cage around them, that's absolutely horrible," said Straw. "He's (Howie) a public figure, on the radio, a lot of people listen to him and to mention something like that was really bad."

    Biker Siona Weaver, whose mother was killed by a truck while riding her motorcycle, agrees.

    "We have as much right to be out there as anyone else, and we're not going out there to run people off the roads," she said. "I'm very upset that anyone would suggest to hit a motorcyclist. Period."

    9NEWS contacted the station's program director, Dave Symonds, who denied the show ever mentioned opening car doors to oncoming bikers, and had no further comment on the matter.

    9NEWS also asked Alice 105.9 for recordings of this week's morning shows to hear for ourselves what was said. Symonds would not give them to us.

    Bikers like Weaver and Straw want there to be more education about safely sharing the roads with motorcyclists.

    "The more people understand, the safer it's going to be for everybody," said Weaver.

    They fear that what they heard this week on Alice 105.9 not only made light of doing harm on the road, but will encourage drivers to hate bikers.

    "It's inciting people to do bad things to people when they're just trying to project themselves on the road," said Straw. "They had a caller on this morning that said she felt like nudging a motorcyclist."

    A lot of people have commented on this story on KUSA's feedback forum.



    Board of Directors
    Chairman, Kurt Finley - Colorado Powersports
    Vice-Chairman/Treasurer, Jason White - Fay Myers Motorcycle World
    Director, Donavan Facey - Xtreme Performance
    Director, Dave Burke - Sun Enterprises
    Director, Bill Comegys - Grand Prix Motorsports
    Director, Brian Harris - Fort Collins Motorsports
    Director, Jack Starr - RPM Motorsports
    Director, Gary Wilkerson - Handlebar Cycle
    Director, Mike Hendry - Foothills BMW/Triumph
    Director, Steve Larsen - Greeley H-D, Honda, Yamaha
    Director, Marshall Van Thorne - Interstate Honda

    Executive Director, Jerry Abboud
    Members
    All Sports Honda
    Apex Motorsports
    Aurora Honda
    Colorado Powersports
    Coyote Motorsports
    Davis Service Center
    Fay Meyers Motorcycle World
    Foothills BMW/Triumph
    Fort Collins Motorsports
    Grand Junction HD
    Grand Prix Motorsports
    Greely HD, Honda, Yamaha
    Handlebar Cycle
    Hi Country Motorsports
    Interstate Honda
    Motoadventure
    Motorcycle Accessories
    Pikes Peak Harley Davidson
    Rocky Mountain Kawasaki
    RPM Motorsports
    Sun Enterprises
    Twin Peaks Motorsports
    Vickery Motorsports
    Xtreme Performance Center
    Associates:
    Universal Underwriters
    Tucker Rocky Dist
    PSN
    Western Powersports
    Retail Powersports Mang. Group

    Disclaimer: PDAC is not authorized to dispense legal advice. The information contained in this newsletter is for informational purposes only. PDAC advises that dealers consult legal counsel on the specifics of any law or regulation to ensure full compliance.
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