DIFS Bulletin RE: Insurers Refusing Coverage of Certain Vehicles

The Michigan Department of Insurance & Financial Services (DIFS) issued a bulletin on March 7, 2023 in response to some insurers refusing to accept new customer applications for certain model years and trim levels of Hyundai and Kia vehicles.

The bulletin states, in part:

It has come to the Department’s attention that some insurers intend to refuse to insure certain model Kia and Hyundai vehicles on the basis that those models lack particular anti-theft technology or that there has been an increase in thefts of those vehicles. The purpose of this bulletin is to remind insurers and consumers that automobile insurers in Michigan must offer insurance coverage to all “eligible persons” and that a failure to do so may constitute a violation of the Essential Insurance Act.

Section 2118 of the Insurance Code (Code), MCL 500.2118, prohibits an insurer from refusing to insure, refusing to continue to insure, or limiting the coverage available to an eligible person for automobile insurance except in limited circumstances specifically delineated in Section 2118. Although Section 2118(2)(e) permits an insurer to refuse to insure based upon vehicle type, insurers may do so only if: a) the vehicle is of limited production or of custom manufacture; b) the insurer does not have a rate lawfully in effect for the type of vehicle; or c) the vehicle represents exposure to extraordinary expense for repair or replacement under comprehensive or collision coverage. See MCL 500.2118(2)(e). The Code does not permit an insurer to refuse to insure, refuse to continue to insure, or limit coverage available to an eligible person based on national theft trends or the absence of antitheft technology.

Read the complete bulletin: DIFS Bulletin 2023-03-INS

MADA Member Webinar with ACV Auctions

ACV Auctions logo

Randy Barone with ACV spoke with with 70+ MADA dealers and used vehicle employees this week to provide current insight on the state of the pre-owned industry. He provided expert guidance on acquiring the best vehicles for your specific location, top appraisal techniques, why some cars on your lot aren’t selling, and suggestions to make the most of the programs you are paying for.

We thank the many dealerships that logged in to listen. We hope you learned some valuable information that can be implemented at your dealership to help build a healthy used vehicle department in 2023.

By request, a recording of the webinar and a copy of the slide deck can be found here:

Study examines feasibility of tolling some Michigan roads

A recent Talking Michigan Transportation podcast provided a conversation with Eric Morris, Michigan office lead for HNTB, the transportation consultant selected to complete a tolling study.

Some 35 states have at least one facility with tolling. But that number is a little deceiving because Michigan would be counted in that total since there is tolling on big bridges and/or international crossings but no tolling on non-bridge road segments.

Morris says the experts analyzed all 31 highways in Michigan for the study and determined that 14 could become toll roads, including large portions of Interstates 75, 94 and 96.

As Bridge Michigan reported, any tolls would take years to implement and require approval from the Legislature and the governor, among numerous hurdles.

Morris talks about the differences between various road user charge (RUC) options, including mileage-based user fees (MBUF) and tolling and how pilot programs seeking people to participate have been voluntary, so far, including one in Oregon that has generated a lot of discussion.

Doc Fee for 2023/24 has been adjusted to $260

On January 13, 2023 the Department of Insurance and Financial Services (DIFS) reviewed the documentary preparation fee (doc fee) adjustment and has determined the maximum shall be adjusted to $260.00, which reflects the cumulative percentage change in the consumer price index for the past two calendar years. Accordingly, the documentary preparation fee shall not exceed 5% of the cash price of the motor vehicle or $260.00, whichever is less.

The maximum documentary preparation fee is reviewed and adjusted every two years to reflect the cumulative percentage change in the consumer price index of the two immediately preceding calendar years.

Also see DIFS bulletin 2023-01-CF for information. DIFS will next review the maximum allowable doc fee amount in mid-January 2025.

NADA One-Stop For “Hot” Regulatory Topics

NADA offers its members various “one-stop” webpages with federal regulatory and compliance topics to assist dealers as they prepare for new regulations.

 

FTC Safeguards Rule

Learn how to comply with the Federal Trade Commission’s updated data and information security requirements for dealers. https://www.nada.org/nada/issues/issues/ftc-safeguards-rule

 

Incentives for Clean Vehicles and Refueling Infrastructure

The following resources are designed to assist dealerships and customers with finding and understanding alternative fueled vehicle and refueling infrastructure incentives. https://www.nada.org/ev-incentives

 

FTC Proposed Rulemaking on Auto Retail

On June 23, 2022, the Federal Trade Commission (FTC) introduced a massive, 126-page notice for a proposed rule that would, if approved, dramatically transform and complicate the process for consumers to purchase, trade-in, and finance new and used cars and trucks, and voluntary protection products like extended service contracts and GAP Waiver. https://www.nada.org/nada/issues/ftc-proposed-rulemaking-auto-retail

Partial Trade-in Sales Tax Credit Increases Max. $9,000

Public Acts 1 & 2 of 2018 changed the maximum trade-in value partial sales tax trade-in credit to incrementally increase annually. Beginning January 1, 2023, owners trading in a motor vehicle receive a sales tax credit for the vehicle’s trade-in value up to a maximum of $9,000. This is a $1,000 increase from the year 2022 maximum of $8,000.

Frequently Asked Questions

Can a trade-in sales tax credit be applied to a lease vehicle transaction?
No, the trade-in credit laws do not provide for trade-in tax sales tax credit for leased vehicles.

Is a motorcycle, moped, or motor home taken as a trade-in eligible for the trade-in sales tax credit?
Yes, any vehicle meeting the Michigan Vehicle Code definition of a motor vehicle is eligible for the trade-in sales tax credit.

Can valuables such as jewelry, coins, or collectibles taken as a trade-in receive sales tax credit?
No, the sales tax trade-in credit laws only provide a sales tax credit trade-in on eligible motor vehicles and recreational vehicles.

Can more than one vehicle be used as trade-in credit?
No, only one vehicle can be used toward the sales tax trade-in credit. If two or more vehicles are traded in, sales tax credit for only one of the vehicles can be applied.

 

Please see this bulletin from MDOS for more information and common questions about the credit.

 

2023 Fuel Economy Guide Now Available

Federal law requires new-car dealers to provide the Guide to customers upon request.

 

The U.S. Department of Energy and the U.S. Environmental Protection Agency have just released the 2023 Fuel Economy Guide. The Guide provides detailed fuel economy estimates for model year 2023 light-duty vehicles, along with estimated annual fuel costs and other information for prospective purchasers.

Dealers may choose to:

  1. print copies to have on hand or
  2. provide access to the electronic version/website on a computer or electronic device in the display area.

The regulations ensure that prospective customers have ready access to fuel economy information for current model year vehicles. Click here to view the EPA/DOE letter detailing how to make the Guide available to customers.

2023 Fuel Economy Guide

  • Enhanced Electronic Access: The 2023 Fuel Economy Guide will be published in electronic format only. You can download the latest Fuel Economy Guide from the government’s fuel economy website by clicking here or visiting the dealer page and print copies from the electronic file as needed. The online Guide will be updated periodically to include newly released vehicle models and current fuel cost estimates.
  • Optional Display Signage: Dealers can download and print a sign/poster to place in their display area directing customers to the Fuel Economy Guide (this is optional and not required by law).

EEOC Releases Updated “Know Your Rights” Poster

The U.S. Equal Employment Opportunity Commission (EEOC) released the ‘Know Your Rights’ poster, which updates and replaces the previous “EEO is the Law” poster. Covered employers are required by federal law to prominently display the poster at their work sites. The EEOC’s web page for the poster provides information about where to post it. The poster also includes a QR code for applicants or employees to link directly to instructions for how to file a charge of workplace discrimination with the EEOC.

A number of the laws that the EEOC enforces require covered employers to post a notice describing the Federal laws prohibiting job discrimination. The poster summarizes these laws and explains that employees or applicants can file a charge if they believe that they have experienced discrimination. The poster shares information about discrimination based on:

  • Race, color, sex (including pregnancy and related conditions, sexual orientation, or gender identity), national origin, religion,
  • Age (40 and older),
  • Equal pay,
  • Disability,
  • Genetic information (including family medical history or genetic tests or services), and includes
  • Retaliation for filing a charge, reasonably opposing discrimination, or participating in a discrimination lawsuit, investigation, or proceeding.

“The new ‘Know Your Rights’ poster is a win-win for employers and workers alike,” said Chair Charlotte A. Burrows. “By using plain language and bullet points, the new poster makes it easier for employers to understand their legal responsibilities and for workers to understand their legal rights and how to contact EEOC for assistance. The poster advances the EEOC’s mission both to prevent unlawful employment discrimination and remedy discrimination when it occurs.”

The new “Know Your Rights” poster includes these changes:

  • Uses straightforward language and formatting;
  • Notes that harassment is a prohibited form of discrimination;
  • Clarifies that sex discrimination includes discrimination based on pregnancy and related conditions, sexual orientation, or gender identity;
  • Adds a QR code for fast digital access to the how to file a charge webpage;
  • Provides information about equal pay discrimination for federal contractors.

The poster is available in English and Spanish and will be available in additional languages at a later date.

The posters should be placed in a conspicuous location in the workplace where notices to applicants and employees are customarily posted. In addition to physically posting, covered employers are encouraged to post a notice digitally on their websites in a conspicuous location. In most cases, electronic posting supplements the physical posting requirement. In some situations (for example, for employers without a physical location or for employees who telework or work remotely and do not visit the employer’s workplace on a regular basis), it may be the only posting. Covered employers are subject to fines for noncompliance.

The Americans with Disabilities Act (ADA) requires that notices of Federal laws prohibiting job discrimination be made available in a location that is accessible to applicants and employees with disabilities that limit mobility.

The EEOC advances opportunity in the workplace by enforcing federal laws prohibiting employ­ment discrimination. More information is available at www.eeoc.gov. Stay connected with the latest EEOC news by subscribing to our email updates.