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Truckload Authority - Winter 2015-16

Count down our list of the top 10 trucking stories of 2015 and get all the details on the $305 billion Fixing America's Surface Transportation Act. Plus, we get the "dirty" truth from international TV star Mike Rowe.

Count down our list of the top 10 trucking stories of 2015 and get all the details on the $305 billion Fixing America's Surface Transportation Act. Plus, we get the "dirty" truth from international TV star Mike Rowe.

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inside out featuring ron goode | HIGHWAY ANGEL TOUR | GETTING HEALTHY WITH ROLLING STRONG<br />

O F F I C I A L P U B L I C A T I O N o f t h e T r u c k l o a d C a r r i e r s A s s o c i a t i o n<br />

WINTER <strong>2015</strong>-<strong>16</strong><br />

with international<br />

tv star mike rowe<br />

In this issue:<br />

highway to hope<br />

Unfunded optimism<br />

fakerz part 2<br />

Scam me once, shame on you.<br />

Scam me twice, shame on us.<br />

atri’s top 10<br />

The top 10 industry concerns<br />

keeping executives up at night


WINTER | TCA <strong>2015</strong>-<strong>16</strong><br />

President’s Purview<br />

Meet John Lyboldt,<br />

our new TCA president<br />

I am honored — and humbled — to become president of the <strong>Truckload</strong> Carriers Association.<br />

As a member of the transportation industry for many years, I am familiar with associations such as<br />

TCA that serve the truck freight industry.<br />

But it wasn’t until I learned about the search for your next president and began to think about<br />

and research the possibility of applying for the position that I truly learned of the rich history of the<br />

association, the dedication of the staff and the outstanding in-depth services the association offers to its<br />

membership.<br />

It is readily apparent that TCA is a well-respected organization within the trucking industry.<br />

There is obviously a keen interest on the part of the officers and staff in the membership having what<br />

they need to be successful in the businesses they run.<br />

In North America, the free enterprise system and the way in which independent businesses such as<br />

truckload carriers operate are so vital to the economy.<br />

But because of that independent entrepreneurial spirit, sometimes it is necessary to come to a<br />

consensus on issues where there are divergent positions.<br />

I spent 17 years as president and CEO of the Rochester, New York, Automobile Dealers Association,<br />

and for the past eight years have served as senior vice president of dealer services for the National<br />

Automobile Dealers Association where I represented franchised new car and truck dealers, their<br />

managers and their employees.<br />

In those roles I learned the importance of building consensus among many stakeholders and as<br />

such learned to be very creative when it comes to looking at business models and understanding<br />

opportunities.<br />

Managing diverse business units is a huge part of what I’ve been doing for the last 28 years, but more<br />

importantly I have built a great deal of respect for the people with whom I work.<br />

It’s the people that make this industry what it is today.<br />

You will find me to be very people-oriented.<br />

Our success has to do with collaborative efforts, respect all the way along the line, over-the-top<br />

communications and reaching consensus. Those are the things that you will find are important to me.<br />

I know that I will experience a learning curve as I assume this awesome responsibility and I look<br />

forward to working with the TCA officers and the membership to learn more about the association and<br />

the truckload industry.<br />

John Lyboldt<br />

President<br />

<strong>Truckload</strong> Carriers Association<br />

jlyboldt@truckload.org<br />

“After all the interviews were completed, it was our unanimous<br />

decision to recommend John as the next leader of TCA. John<br />

brings broad experience in leading both profit and nonprofit<br />

corporations. He has experience in motivating large and small<br />

teams and possesses strong financial oversight skills. We’re<br />

very glad John has agreed to join our trucking family.”<br />

— Keith Tuttle, TCA chairman and head of the<br />

presidential search task force<br />

I believe the future is bright for our association.<br />

10<br />

Things we<br />

learned<br />

Top<br />

Top 10 Stories of <strong>2015</strong><br />

Count down our list of the top 10<br />

biggest stories of the year.<br />

Page <strong>16</strong><br />

PRESIDENT’S PICKS<br />

The “Dirty” Truth<br />

International TV star Mike Rowe is an<br />

unapologetic advocate for truckers.<br />

Page 18<br />

Logistically Speaking<br />

Go behind the scenes and discover<br />

how WAA is made possible.<br />

Page 41<br />

TCA <strong>2015</strong>-<strong>16</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong>


<strong>Winter</strong> <strong>2015</strong>/20<strong>16</strong><br />

555 E. Braddock Road, Alexandria, VA 22314<br />

<br />

www.<strong>Truckload</strong>.org<br />

T h e R o a d m a p<br />

President’s Purview<br />

Meet Our New TCA President by John Lyboldt | 3<br />

LegisLative Look-in<br />

Highway to Hope | 6<br />

Capitol Recap | 10<br />

From Where We Sit | 14<br />

Trucking’s Top Stories of the Year | <strong>16</strong><br />

nationaL news maker sponsored by The Trucker news org.<br />

The “Dirty” Truth with Mike Rowe | 18<br />

tracking the trends sponsored by skybiTz<br />

Fakerz, Part II | 24<br />

ATRI’s Top 10 Concerns | 27<br />

<strong>Truckload</strong> Trendlines broughT To you by dAT | 29<br />

a chat with the chairman sponsored by McLeod sofTwAre<br />

Christmas Came Early with Keith Tuttle | 30<br />

member maiLroom<br />

TCA and Lobbying | 35<br />

taLking tca<br />

Inside Out with Ron Goode | 36<br />

Highway Angel Tour | 40<br />

WAA: Logistically Speaking | 41<br />

Small Talk | 42<br />

Mark Your Calendar | 46<br />

REACHING TRUCKING’S<br />

TOP EXECUTIVES<br />

chairman of the board<br />

Keith Tuttle<br />

Founder & President, Motor Carrier Service, LLC.<br />

President<br />

John Lyboldt<br />

jlyboldt@truckload.org<br />

vice President – deveLoPment<br />

Debbie Sparks<br />

dsparks@truckload.org<br />

director of education<br />

Ron Goode<br />

rgoode@truckload.org<br />

second vice chair<br />

Daniel Doran<br />

President<br />

Ace Doran Hauling & Rigging<br />

secretary<br />

Aaron Tennant<br />

CEO & President<br />

Tennant Truck Lines, Inc.<br />

executive vice President<br />

William (Bill) Giroux<br />

wgiroux@truckload.org<br />

director, safety & PoLicy<br />

Dave Heller<br />

dheller@truckload.org<br />

first vice chair<br />

Russell Stubbs, CEO & President<br />

FFE Holdings Corp.<br />

treasurer<br />

Rob Penner<br />

Executive Vice President & COO<br />

Bison Transport<br />

immediate Past chair<br />

Shepard Dunn<br />

CEO & President<br />

Bestway Express, Inc.<br />

The viewpoints and opinions of those quoted in articles in this<br />

publication are not necessarily those of TCA.<br />

PubLisher + generaL mgr.<br />

Micah Jackson<br />

publisher@thetrucker.com<br />

administrator<br />

Leah M. Birdsong<br />

leahb@thetrucker.com<br />

Production + art director<br />

Rob Nelson<br />

robn@thetrucker.com<br />

Production + art assistant<br />

Zac Counts<br />

zac.counts@targetmediapartners.com<br />

In exclusive partnership with:<br />

1123 S. University Ave., Ste 320, Little Rock, AR 72204<br />

<br />

www.TheTrucker.com<br />

vice President<br />

Ed Leader<br />

edl@thetrucker.com<br />

editor<br />

Lyndon Finney<br />

editor@thetrucker.com<br />

associate editor<br />

Dorothy Cox<br />

dlcox@thetrucker.com<br />

news rePorter<br />

Jack Whitsett<br />

jack.whitsett@thetrucker.com<br />

AdverTising And MArkeTing depArTMenT<br />

saLes director + creative director<br />

Raelee Toye Jackson<br />

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TRUCKLOAD AUTHORIT Y IS<br />

UNSURPASSED.<br />

-ROBERT LOW, FOUNDER & CEO, PRIME INC.<br />

nationaL marketing consuLtant<br />

Kurtis Denton<br />

kurtisd@thetrucker.com<br />

nationaL marketing consuLtant<br />

Kelly Brooke Drier<br />

kellydr@thetrucker.com<br />

© <strong>2015</strong>-20<strong>16</strong> Trucker Publications Inc., all rights reserved. Reproduction without written permission<br />

prohibited. The publisher assumes no responsibility for unsolicited material. All advertisements<br />

and editorial materials are accepted and published by <strong>Truckload</strong> <strong>Authority</strong> and its exclusive<br />

partner, Trucker Publications, on the representation that the advertiser, its advertising company<br />

and/or the supplier of editorial materials are authorized to publish the entire contents and subject<br />

matter thereof. The publisher reserves the right to accept or reject any art from client. Such entities<br />

and/or their agents will defend, indemnify and hold <strong>Truckload</strong> <strong>Authority</strong>, <strong>Truckload</strong> Carriers<br />

Association, Target Media Partners, and its subsidiaries included, by not limited to, Trucker<br />

Publications Inc., harmless from and against any loss, expense, or other liability resulting from<br />

any claims or suits for libel, violations of privacy, plagiarism, copyright or trademark infringement<br />

and any other claims or suits that may rise out of publication of such advertisements and/or<br />

editorial materials. Press releases are expressly covered within the definition of editorial materials.<br />

T R U C K I N G’S<br />

M O S T E N T E R TA I N I N G<br />

E X E C U T I V E P U B L I C AT I O N<br />

Cover Photo courtesy:<br />

Michael Segal Photography<br />

additional magazine photography:<br />

Associated Press: p. 14, 22<br />

DAT: p. 29<br />

FotoSearch: p. 6, 8, 14, 17, 24, 34<br />

Love is Greater: p. 30, 31, 32, 33<br />

Omnitracs: p. <strong>16</strong><br />

Michael Segal: p. 18, 19, 20, 22, 23<br />

Ron Goode: p. 39<br />

TCA: p. 37, 40, 41, 42, 43, 44, 45<br />

The Penguin Group: p. 22<br />

The Trucker News Org.: p. <strong>16</strong>, 17, 27, 44<br />

4<br />

<br />

<strong>Truckload</strong><br />

<strong>Truckload</strong><br />

auThoriTy<br />

<strong>Authority</strong><br />

|<br />

| www.<strong>Truckload</strong>.org<br />

www.<strong>Truckload</strong>.org Tca<br />

TCA<br />

<strong>2015</strong>-<strong>16</strong><br />

<strong>2015</strong>-<strong>16</strong>


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G R E AT D A N E T H E R M O G U A R D R E E F E R L I N E R<br />

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WINTER | TCA <strong>2015</strong>-<strong>16</strong><br />

Legislative Look-In<br />

Highway to Hope<br />

By Lyndon Finney<br />

“It’s a great start, a new beginning, but one in which the end has not<br />

yet been defined.”<br />

That’s the summation of <strong>Truckload</strong> Carriers Association Director of<br />

Safety and Policy Dave Heller concerning the Fixing America’s Surface<br />

Transportation (FAST) Act passed the first week in December by the<br />

House and Senate and signed into law late on the afternoon of December<br />

4, just hours before the latest extension of MAP-21 was set to expire<br />

at midnight.<br />

It’ s a five-year, $305 billion bill designed to address the nation’s<br />

aging and congested transportation systems, which President Barack<br />

Obama said would put Americans to work and provide states with the<br />

federal help they need to commit to long-term projects.<br />

But hold on.<br />

The bill does provide a modest increase to highway and transit spending,<br />

but it falls short of the $400 billion over the next six years that<br />

Obama administration officials said is necessary to keep traffic congestion<br />

from worsening.<br />

And the FAST Act does not resolve how to pay for transportation programs<br />

in the long term.<br />

“That’s the biggest problem with the bill. We need sustainable funding,”<br />

Heller said. “We need the Highway Trust Fund to develop a life and<br />

breath of its own. The easiest way to address that is with the fuel tax.<br />

I’ve said it once and I’ve said it a thousand times. The fuel tax needs<br />

to be increased and it needs to be adjusted for inflation and indexed.<br />

Tell me a better way. Most of our Congressional leaders believe that any<br />

increase in taxes is a four-letter word right now. True leaders lead in a<br />

time that leadership is truly needed. And we need someone to lead this<br />

increase in the fuel tax. We need to find a way that makes the Highway<br />

Trust Fund truly sustainable and is always there when work needs to get<br />

done, and there is a lot of work that needs to get done.”<br />

But what happens after three years is of the utmost concern to Heller<br />

and most other stakeholders in the truckload sector, which represents 78<br />

percent of the trucking delivery system.<br />

“We’ve been through a funding process that has had how many extensions?”<br />

Heller asked rhetorically. “So does this continue along that<br />

crazy extension way or do we remain committed to developing a funding<br />

mechanism that truly gets us to the point this country needs to be?”<br />

Heller pointed out that on its latest report card on the nation’s infrastructure,<br />

the American Society of Civil Engineers gave the nation’s<br />

roads a “D” and bridges a “C+.”<br />

“We are the most flexible mode of freight delivery in the world, but<br />

our highways are congested, and that doesn’t allow us to be as efficient<br />

as we could be,” Heller said. “We have serious problems in terms of our<br />

infrastructure, problems that have created bottlenecks at major junctures<br />

in our nation. Truck drivers are held up and that affects their Hours<br />

of Service.”<br />

<strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>-<strong>16</strong>


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A glimpse at an almost 30-year history<br />

of surface transportation legislation reveals<br />

that Congress must really like to play<br />

Scrabble. Either that or they’re a bunch of<br />

tea drinkers.<br />

Or maybe there is a secret room in the<br />

Capitol where lawmakers go to hatch up<br />

these cutesy names.<br />

A couple of them have been real<br />

stretches of the imagination.<br />

The Surface Transportation and<br />

Uniform Relocation Assistance Act of 1987<br />

wasn’t assigned an acronym, but in 1991,<br />

Congress decided to call the Intermodal<br />

Surface Transportation Efficiency Act of<br />

1991 ISTEA (pronounced ice tea).<br />

The Transportation Equity Act for the<br />

21st Century, passed in 1998, was called<br />

TEA-21.<br />

In 2005, Congress came up with<br />

a name to honor the wife of an Alaska<br />

congressman.<br />

The Safe, Accountable, Flexible,<br />

Efficient Transportation Act: A Legacy for<br />

Users was called SAFETEA-LU in honor of<br />

Lu Young, wife of Rep. Don Young, who was<br />

chairman of the House Transportation and<br />

Infrastructure Committee when the act was<br />

passed in 2005. Lu Young passed away in<br />

2009.<br />

Then it was Moving Ahead for Progress<br />

in the 21st Century (MAP-21) in 2012,<br />

and now it’s Fixing America’s Surface<br />

Transportation (FAST).<br />

But wait.<br />

There were some interim acronyms this<br />

year, too.<br />

The Obama administration’s version<br />

of the highway bill was GROW AMERICA<br />

(Generating Renewal, Opportunity, and<br />

Work with Accelerated Mobility, Efficiency,<br />

and Rebuilding of Infrastructure and<br />

Communities throughout America Act).<br />

The Senate called its version of the<br />

highway bill DRIVE (Developing a Reliable<br />

and Innovative Vision for the Economy) Act.<br />

The House called its version the STRR<br />

(Surface Transportation Reauthorization<br />

and Reform) Act, which despite having no<br />

“A” was called the star act.<br />

Anyone for a game of Scrabble? How<br />

about a nice glass of iced tea while you<br />

play?<br />

E-mail Us<br />

On a Side Note<br />

Aside from the lack of sustainable funding, Heller said the truckload industry was pleased with the<br />

bill’s contents.<br />

Those include:<br />

CSA reform<br />

The FAST Act requires the Federal Motor Carrier Safety Administration to within 18 months commission<br />

a Transportation Research Board study of the accuracy of the CSA Safety Measurement System<br />

(SMS) in identifying high-risk carriers and predicting future crash risk and severity, and report corrective<br />

action to Congress within 120 days of completing the study.<br />

The act prohibits FMCSA from publically displaying information regarding carrier alerts or percentile<br />

ranks until the agency completes that corrective action plan and satisfactorily addresses issues raised in a<br />

2014 GAO report. Within 24 hours after the bill was signed into law, the FMCSA had removed that information.<br />

Also, crashes determined by FMCSA to not have been the truck driver or motor carrier’s fault must be<br />

removed.<br />

Finally, percentile ranks and alerts may not be used by FMCSA to issue safety fitness determinations.<br />

Carriers will retain the ability to access their respective data, including percentile ranks and alerts.<br />

Also, law enforcement officials will continue to be able to access scores and use them for enforcement<br />

prioritization.<br />

Inspection and violation information, including out-of-service rates and absolute measures, shall remain<br />

publicly available.<br />

Carriers will retain the ability to access their respective data, including percentile ranks and alerts and<br />

law enforcement officials will continue to be able to access scores and use them for enforcement prioritization.<br />

Within 18 months, the bill requires FMCSA to establish a means to provide motor carriers with recognition,<br />

including credit or improved SMS percentiles, for the adoption of safety technology, enhanced<br />

driver fitness measures and/or fleet safety management tools. The agency may incorporate this credit<br />

into the existing CSA methodology or create a separate “Safety BASIC.”<br />

Finally, within one year FMCSA must task the Motor Carrier Safety Advisory Committee (MCSAC) with<br />

reviewing the treatment of preventable crashes in the SMS. No more than six months later, MCSAC must<br />

make recommendations on a process for motor carriers and drivers to request an FMCSA crash preventability<br />

determination. DOT must then review the recommendations and report to Congress on how the<br />

agency intends to address the treatment of preventable crashes.<br />

The entire trucking industry has long fought to keep the CSA scores out of public view, saying the<br />

scores in no way represent the safety capabilities of a carrier.<br />

Hair testing for drugs<br />

The bill requires the Department of Health and Human Services to within one year establish standards<br />

for the use of hair testing in federal testing programs (e.g., DOT mandatory testing). Then,<br />

following DOT’s adoption of these standards, motor carriers would be permitted to conduct hair tests<br />

(in lieu of urine tests) for pre-employment and random testing. But random hair tests could only be<br />

conducted on drivers who had been subject to pre-employment hair tests.<br />

Pilot program for younger veterans<br />

The act requires DOT to establish a pilot program to allow current or former members of the armed<br />

forces (or reservists) under the age of 21 with experience as motor transport operators to drive trucks<br />

in interstate commerce. Participating drivers may not transport passengers or hazardous materials and<br />

would be prohibited from driving “special configurations” (e.g., doubles). DOT would have to establish a<br />

working group to monitor the program and make recommendations at its conclusion.<br />

Rulemakings required by Congress<br />

The act requires FMCSA to prioritize the completion of any rulemakings required by statute before<br />

initiating any other rulemakings unless there is a significant need and Congress is notified. For each of<br />

the following rulemakings, DOT must report to Congress within 30 days — and every 180 days thereafter<br />

— with an explanation for why the statutory deadline was not met (if one was established) and with<br />

an expected date of completion. The notification must include an updated rulemaking timeline and a<br />

list of factors causing delays.<br />

The requirement to report on rulemakings likely stems from the fact that the agency repeatedly has<br />

missed deadlines for moving mandates through the rulemaking process.<br />

For instance, MAP-21, the two-year highway bill passed in mid-2012, required the agency to issue<br />

a final rule on mandated electronic logging devices for Hours of Service by October 1, 2013, a deadline<br />

that FMCSA said it was not be able to meet because of the need for notice and comment.<br />

TCA Members,<br />

we want to<br />

hear from you.<br />

<strong>Truckload</strong> <strong>Authority</strong> is your publication. Tell us what<br />

topics you would like to see covered in future issues.<br />

Also, feel free to submit questions to be featured in<br />

Member Mailroom. Thank you for reading.<br />

E-mail us at publisher@thetrucker.com<br />

Minimum insurance limits<br />

If DOT chooses to proceed with a rulemaking to adjust minimum financial responsibility levels the<br />

act says the department must first consider the rulemaking’s impact on safety; the motor carrier industry;<br />

the insurance industry’s ability to provide required coverage; the extent to which the current levels<br />

adequately cover medical care and compensation; the frequency with which claims resulting from fatal<br />

crashes exceed the current insurance limits and the potential impact on crash reduction.<br />

The act also requires the DOT by January 1, 2017, to issue a report on insurance levels, including<br />

the differences between state and federal limits; the extent to which the current levels adequately<br />

cover medical care and compensation and the frequency with which claims (for all crashes) exceed the<br />

current insurance limits.<br />

The debate over insurance minimums has been an off-and-on topic since Rep. Matt Cartwright, D-<br />

Pa., introduced legislation that would raise the required insurance minimum for motor carriers from<br />

$750,000 to $4,422,000 per truck, an increase of almost 500 percent.<br />

The legislation died in committee. Some studies have shown that the current limit of $750,000 is<br />

adequate in the vast majority of accidents; some stakeholders believe the minimum should be raised,<br />

but only perhaps double the $750,000.<br />

Congress established the current insurance minimum in 1980.<br />

<strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>-<strong>16</strong>


Before being elected to Congress last year, Cartwright was a member of<br />

the law firm of Munley, Munley and Cartwright, a firm that specializes in accident<br />

and injury claims. After Cartwright was elected, he resigned from the<br />

firm, now called Munley Law.<br />

In present dollars, adjusted for the increases in the cost of medical care, it<br />

takes more than $4.4 million to provide for the equivalent of the $750,000 in<br />

the original law, Cartwright claimed when he introduced the bill.<br />

There are positives for what’s not in the highway bill, Heller said, citing<br />

the lack of a mandate to require that twin 33-foot trailers be allowed on the<br />

nation’s highways.<br />

“We need a freight delivery system that makes sense for the entire industry,<br />

specifically the truckload segment of the industry,” Heller said. “Since<br />

truckload represents 78 percent of the trucking delivery system, to say<br />

we’re a majority would be an understatement. Thirty-three-foot trailers do<br />

not work for the truckload sector of the industry. They just won’t. We’re not<br />

designed that way; we’re not set up that way. It makes our drivers less safe<br />

because of the 3,000-pound dolly that’s incorporated into it. The fact that<br />

33-foot trailers are not in the highway bill is yet another reason why this is a<br />

good bill.”<br />

Twin 33-foot trailers have been a front-burner issue since at least early<br />

2014 when<br />

Henry J. Maier, president and CEO of FedEx Ground Package System, said<br />

based on data supplied by FedEx, UPS and other less-than-truckload carriers,<br />

the use of 33-foot twin trailers would provide a carrier the potential, in any<br />

given lane, to absorb up to 18 percent of future growth without traveling any<br />

additional miles or worsening wear-and-tear on the country’s roadways. Industry-wide,<br />

that equals up to 1.8 billion fewer miles driven, more than 300<br />

million gallons of gasoline saved and $2.6 billion in reduced costs annually.<br />

<strong>Truckload</strong> executives fought to keep any 33-foot trailer mandate out of<br />

the new bill, saying it would forever change the business model for the trucking<br />

industry, that it will exacerbate the driver shortage, that it will drive up<br />

the risk of injury to drivers, that it is a highway safety issue and that it will increase<br />

the cost of doing business, especially in the area of insurance policies.<br />

The executives base their concerns on what those in the business for a<br />

good length of time saw happen when Congress increased the length of trailers<br />

from 48 feet to 53 feet.<br />

In those days there were a lot of carriers hauling truckload freight in<br />

double 28s.<br />

Obviously there was more cargo capacity in two 28s than there was in<br />

one 48. And so the shippers demanded carriers provide them with more<br />

cargo space per load.<br />

But that didn’t mean TLs liked the double trailer situation, citing the cost<br />

of business, the safety issues and the fact that drivers didn’t like to pull them.<br />

Heller commended the coming together of Republicans and Democrats to<br />

get the bill on the president’s desk.<br />

“Having a bill in its entirety is a positive. It shows there is a bipartisan<br />

effort out there to make this work. Our Congressional leaders are acting together<br />

to make this work. Do they need to go further? Yes, and I think they’ll<br />

admit to that. But at this point they’ve done what they needed to do,” he<br />

said.<br />

Obama said he’ll continue to push for greater transportation spending to<br />

meet the nation’s infrastructure needs and create jobs.<br />

“This bill is not perfect, but it is a common-sense compromise, and an<br />

important first step in the right direction,” Obama said in a statement December<br />

4.<br />

Despite that, the 1,300-page bill was hailed by lawmakers and the industry<br />

as a major accomplishment that will halt the cycle of last-minute, shortterm<br />

fixes that have kept the federal Highway Trust Fund teetering on the<br />

edge of insolvency for much of the past eight years.<br />

Republican leaders pointed to the bill’s passage as evidence of their ability<br />

to govern, and Obama can claim progress on addressing the nation’s deficient<br />

bridges and crowded highways, a major goal since the early days of his<br />

administration.<br />

Lawmakers in both parties praised the bill as a model of bipartisan cooperation.<br />

Support for the measure was increased by a generous helping of<br />

business favors, parochial provisions, safety improvements and union demands.<br />

“In the end, there wasn’t really a philosophical problem here,” said Senate<br />

Majority Leader Mitch McConnell, R-Ky. “The question was, how could we pull<br />

together these disparate pieces into one mosaic that actually had a chance to<br />

get somewhere?”<br />

But Sen. Tom Carper, D-Del., a prominent supporter of increasing transportation<br />

spending, said the deals cut to win the bill’s passage caused him to<br />

reluctantly vote against it.<br />

“While this bill includes some good transportation policies, the way<br />

we pay for these policies is unsustainable and irresponsible, offering<br />

little more than a grab bag of budget gimmicks that will actually increase<br />

our deficit in the long run,” he said.<br />

So what will define the new bill?<br />

Will it be sustainable funding or budget gimmicks?<br />

Check back in 2020.<br />

www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong>


CapItol recap<br />

A review of important news coming out of our nation’s capital.<br />

By Lyndon Finney and Dorothy Cox<br />

ELD rule final<br />

A fter more than seven years of efforts that<br />

included a controversy, lawsuits and Congressional<br />

intervention, the commercial vehicle industry finally<br />

has been issued the long-awaited mandate.<br />

Beginning December <strong>16</strong>, 2017, all commercial<br />

motor vehicles operated by drivers who are subject<br />

to maintaining a record-of-duty status (RODS) must<br />

be equipped with an electronic logging device (ELD)<br />

per the Federal Motor Carrier Safety Administration’s<br />

Final Rule on Electronic Logging Devices and Supporting<br />

Documents.<br />

To ease the burden on carriers and independent<br />

contractors who have already installed a device that<br />

satisfies the regulatory burden of an automatic onboard<br />

recording device (AOBRD), but does not necessarily<br />

satisfy the regulatory burden of an ELD, the<br />

final rule includes a grandfather clause giving them<br />

an extra two years to comply.<br />

The Department of Transportation first started<br />

talking about the need for commercial vehicles to be<br />

equipped with some type of electronic logging device<br />

in late 1994, but it wasn’t until 2007 that the<br />

effort really left the starting block.<br />

That was the year the FMCSA first began floating<br />

the idea of requiring companies determined to<br />

be non-compliant with Hours of Service to equip<br />

their trucks with what were then called electronic onboard<br />

recording devices (EOBRs).<br />

On January 18, 2007, the FMCSA issued a Notice<br />

of Proposed Rulemaking that would require<br />

truck and bus companies with serious patterns of<br />

Hours of Service violations to install EOBRs; it also<br />

offered incentives for the voluntary installation of the<br />

devices by motor carriers.<br />

Controversy swirled around that NPRM for<br />

months, with lawmakers and safety advocates calling<br />

for an industry-wide mandate instead of what the<br />

FMCSA had proposed, but nothing was ever put on<br />

paper.<br />

When the Bush administration left office without<br />

issuing a final rule, the Obama administration took<br />

up the mantle and on April 5, 2010, issued a final<br />

rule, saying that it estimated that 5,700 carriers<br />

would have to install EOBRs.<br />

However, the Owner-Operator Independent Drivers<br />

Association filed suit against the final rule on<br />

June 3, 2010, claiming FMCSA failed to address the<br />

issue of driver harassment.<br />

In August 2011 the U.S. Court of Appeals for the Seventh<br />

Circuit sided with OOIDA, declaring that EOBRs could<br />

be used to harass drivers and vacated the entire 2010 rule.<br />

Over the intervening next few months, there was<br />

a lot of talk coming out of FMCSA about EOBRs, but<br />

nothing concrete.<br />

Congress got fed up with the lack of action and<br />

when lawmakers passed MAP-21 in mid-2012, it<br />

mandated the FMCSA to come up with a new rule regarding<br />

the use of what were by this time called electronic<br />

logging devices (ELDs) by October 1, 2013.<br />

The FMCSA missed the deadline by six months, issuing<br />

in April 2014 a Supplemental Notice of Proposed<br />

Rulemaking mandating use of ELDs by all carriers.<br />

And on December 11, <strong>2015</strong>, that rulemaking became<br />

final.<br />

“Obviously, it’s a long-awaited rule. I don’t often<br />

like to quote another source but I think that source<br />

hit it on the head calling it ‘a legally sustainable electronic<br />

logging device rule,’” said Dave Heller, director<br />

of at the <strong>Truckload</strong> Carriers Association. “I think<br />

that’s the biggest thing right now, the idea of it being<br />

legally sustainable because that’s what got us here<br />

in the first place,” he said in reference to the OOIDA<br />

lawsuit.<br />

In a statement, the FMCSA predicted the new<br />

rule will improve roadway safety by employing technology<br />

to strengthen commercial truck and bus drivers’<br />

compliance with HOS regulations that prevent<br />

fatigue.<br />

The FMCSA said the monetary benefits of the<br />

rule will be $3 billion with a net benefit of $1 billion.<br />

The agency estimated the cost of carriers purchasing<br />

and installing the ELDs at just over $1 billion.<br />

On an annual average basis, the rule is estimated<br />

to save 26 lives and prevent 562 injuries resulting<br />

from crashes involving large commercial motor vehicles,<br />

the agency said.<br />

According to the agency, the new rule adequately<br />

addresses previous concerns about harassment.<br />

FMCSA said the new rule strictly prohibits commercial<br />

driver harassment. It provides both procedural<br />

and technical provisions designed to protect<br />

commercial truck and bus drivers from harassment<br />

resulting from information generated by ELDs, the<br />

agency said, noting that a separate rulemaking released<br />

last month is designed to further safeguard<br />

commercial drivers from being coerced to violate<br />

federal safety regulations and provides the agency<br />

with the authority to take enforcement actions not<br />

only against motor carriers, but also against shippers,<br />

receivers and transportation intermediaries.<br />

In addition to the harassment issue, FMCSA said<br />

other main elements of the ELD Final Rule include:<br />

• Requiring commercial truck and bus drivers<br />

who currently use paper logbooks to maintain HOS<br />

records to adopt ELDs within two years. It is anticipated<br />

that approximately three million drivers will be<br />

impacted.<br />

• Setting technology specifications detailing performance<br />

and design requirements for ELDs so that<br />

manufacturers are able to produce compliant devices<br />

and systems — and purchasers are enabled to<br />

make informed decisions.<br />

• Establishing new HOS supporting document<br />

(shipping documents, fuel purchase receipts, etc.)<br />

requirements that will result in additional paperwork<br />

reductions. In most cases, a motor carrier would not<br />

be required to retain supporting documents verifying<br />

on-duty driving time.<br />

In developing the ELD Final Rule, FMCSA relied<br />

on input from its Motor Carrier Safety Advisory Committee,<br />

feedback from two public listening sessions,<br />

comments filed during an extended comment period<br />

following the 2011 proposed rule, and comments to<br />

the 2014 supplementary proposed rule.<br />

The rule permits the use of smartphones and other<br />

wireless devices as ELDs, so long as they satisfy<br />

technical specifications and are certified. Canadaand<br />

Mexico-domiciled drivers will also be required to<br />

use ELDs when operating on U.S. roadways.<br />

There are three exceptions to the all-carrier mandate:<br />

• Drivers who use paper RODS for not more than<br />

eight days in any 30-day period.<br />

• Drivers who conduct drive-away or tow-away operations<br />

where the vehicle being driven is the commodity<br />

being delivered.<br />

• Drivers of vehicles manufactured before model<br />

year 2000.<br />

“We as an industry and as an association have<br />

not been shy about wanting and expecting the rule<br />

for several years now,” Heller said. “We were hoping<br />

to get this rule last year and the year before that<br />

but again the court of appeals basically eliminated<br />

that from happening, which brought us to where we<br />

are today, a rule that combats driver coercion and<br />

harassment, helps carriers in compliance with HOS<br />

regulations as well as easing the burden of supporting<br />

documents.”<br />

Heller said the fact that the FMCSA will list compliant<br />

equipment will go a long way to helping combat<br />

fraudulent equipment that exists in the marketplace.<br />

“Our carriers have seen ads all over the place<br />

with faulty pieces of equipment that advertise themselves<br />

as being FMSCA-compliant and until that list<br />

becomes available, there really isn’t an FMCSAcompliant<br />

piece of equipment until FMCSA approves<br />

it. So that will also be a good thing.”<br />

Heller pointed out that a lot of the equipment<br />

costs included in the benefits section of the rule had<br />

already been invested by the industry in a step forward<br />

as a precursor to the new rule.<br />

“Carriers knew what to expect when the rule first<br />

came down the pike (as a SNPRM). A lot of carriers<br />

have either started down this road or have fully<br />

adopted this rule and it goes a long way to having<br />

the backs of those carriers who have done this and<br />

the majority of those are TCA members.”<br />

10 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>-<strong>16</strong> T


Anecdotally speaking, Heller said he’d taken impromptu<br />

surveys via webinars or in personal presentations<br />

and feels that a majority of carriers he’d questioned<br />

fully adopted ELDs or have “gone somewhere<br />

down that road. It trickles down from the large fleets<br />

to the smaller fleets as traditionally technology does.<br />

But I think a lot of our members are going down that<br />

road and have taken the advice of the association<br />

and its members in trying out equipment and finding<br />

solutions that are best for their fleet.”<br />

Heller also said he felt a majority of TCA members<br />

were already using devices that are compliant<br />

under the new rule.<br />

“The majority of our members are using devices<br />

from associate TCA members that exhibit at<br />

our meetings,” he said. “A lot of our members have<br />

networked with equipment providers and are using<br />

equipment provided by some of those members, all<br />

of which speaks volumes about being exposed to incoming<br />

technology at these trade shows.<br />

“Moving forward, if you are a fleet that has been<br />

behind the eight ball, you have some catching up to<br />

do but the two-year compliance window allows you<br />

to do that. I think the biggest worry at this point in<br />

time is if there are associations out there that want<br />

to bring this back to court and whether they have a<br />

leg to stand on in doing so. Again, that’s how we got<br />

here in the first place. I think the agency spent a long<br />

time coming out with this rule so that it was legally<br />

defensible.”<br />

Heller said not much had changed in the rule<br />

since it was issued as a SNPRM.<br />

“We wish the grandfather clause could be longer,<br />

but it’s not and our members will deal with that.<br />

There is some supporting document relief in there.<br />

You no longer need to provide supporting documents<br />

to prove on-duty driving time, but at the same time<br />

that six-month document retention provision is still<br />

there for on-duty non driving time. The parameters<br />

have been discussed ad nauseam. This industry has<br />

been well prepared for this day. We as an industry<br />

have gone down this road and we’ve come a long<br />

way. I remember the day we were against them when<br />

they were referred to as EOBRs.”<br />

It was only at the TCA annual meeting in San<br />

Diego in March 2011 that the association voted to<br />

support an ELD mandate.<br />

General acceptance of the devices and CSA<br />

were factors that led to TCA’s decision.<br />

“With CSA, more specifically it had to do with the<br />

fact that in the HOS BASIC there is a theory that you<br />

can relieve yourself of a high number on that HOS<br />

BASIC by adopting ELDs.”<br />

And then there was the folklore, a lot of which<br />

Heller said had been disproven.<br />

“Many people said that driver productivity would<br />

suffer if put under the guise of electronic logging devices<br />

and that has proven untrue. Driver acceptance<br />

has been another thing that has turned over this leaf.<br />

The long-standing theory was that drivers were not<br />

going to like this. Now, the stories are about drivers<br />

who may not want to drive a truck without it.<br />

“So the industry has done a complete 180 on this<br />

to the point it’s prepped itself for this day, so much<br />

so that there are a lot of fleets who are not worried<br />

about this mandate because they are ahead of the<br />

curve on this.”<br />

Over the coming weeks, TCA will further evaluate<br />

the total impact of the new rule and will communicate<br />

that information to TCA members through truckload.org,<br />

social media, webinars and seminars.<br />

twin 33s<br />

S omeone somewhere is going to have to pull<br />

a rabbit out of the hat if twin 33-foot trailers are to<br />

become a reality anytime soon.<br />

Because of a strong educational effort on the part<br />

of the truckload industry among others, a mandate<br />

allowing the longer trailers was never included in either<br />

the House or Senate versions of the long-term<br />

surface transportation bill now known as the Fixing<br />

America’s Surface Transportation (FAST) Act.<br />

The mandate is still part of the House version<br />

of the FY20<strong>16</strong> Transportation, Housing and Urban<br />

Development and Related Agencies (THUD) Appropriations<br />

Act, 20<strong>16</strong>, which the lower chamber has<br />

passed.<br />

It was part of the Senate version of THUD until<br />

the upper chamber voted 56-31 on November 10 to<br />

remove an amendment that had been added June 25<br />

by the Senate Appropriations Committee on a <strong>16</strong>-14<br />

vote after an earlier attempt led by Sen. Dianne Feinstein,<br />

D-Calif., to block the amendment had failed on<br />

a 15-15 vote.<br />

Feinstein and Sen. Roger Wicker, R-Miss.,<br />

spearheaded the effort by the full Senate to strip the<br />

amendment from the bill.<br />

“Today’s vote against this federal government<br />

mandate sends a strong signal that we stand with<br />

the overwhelming majority of Americans who do not<br />

want to contend with these longer double trucks on<br />

their roads,” Wicker said November 10. “I am hopeful<br />

that those who are writing the omnibus appropriations<br />

bill and the final highway bill have taken note of<br />

the Senate’s position.”<br />

As of this writing, the Senate has not passed its<br />

version of the bill, but after it does, a conference<br />

committee will iron out the differences between the<br />

two chambers and then the agreed-upon version of<br />

THUD will be rolled into an omnibus spending bill.<br />

Current government funding ran out December<br />

11, and House Majority Leader Kevin McCarthy, R-<br />

Calif., has said Congress may need additional time<br />

to work through what will be a massive, $1.1 trillion<br />

catchall spending bill that tops the agenda as lawmakers<br />

returned to Capitol Hill for a two- or threeweek<br />

sprint to finish this year’s session.<br />

That would require an extension, which the government<br />

is operating under now.<br />

Sources have told <strong>Truckload</strong> <strong>Authority</strong> that they<br />

expect the twin-33 mandate to be stripped from the<br />

final combined THUD bill since President Barack<br />

Obama said when the bill was first introduced earlier<br />

this year that he would veto it for several reasons,<br />

among them the twin 33-foot trailer provision.<br />

The <strong>Truckload</strong> Carriers Association had maintained<br />

a neutral position on the longer trailers until<br />

October, when the TCA board of directors approved<br />

a recommendation from the organization’s Highway<br />

Policy Committee to formally go on record opposing<br />

twin 33-foot trailers after hearing several executives<br />

from truckload carriers plead for TCA to publicly oppose<br />

the longer tandems.<br />

Among the concerns expressed was the possibility<br />

of a repeat of what happened when the LTL sector<br />

first introduced twin 28s and truckload carriers, facing<br />

pressure from shippers, had to increase the size<br />

of their trailers from 48 feet to 53 feet to compete.<br />

Following the board’s action, TCA became very<br />

active in the effort to block the mandate allowing the<br />

longer trailers.<br />

A letter signed by Keith Tuttle, TCA chairman,<br />

and Jim Towery, chairman of the TCA Highway Policy<br />

Committee, was sent to House Transportation<br />

and Infrastructure Committee Chairman Bill Shuster,<br />

R-Pa., and Ranking Member Peter DeFazio, D.-Ore.,<br />

and went straight to the point.<br />

“Our experience with industry transitions suggests<br />

that the shipping community will not support<br />

equipment that does not meet the maximum size allowed,”<br />

Tuttle and Towery wrote. “When our industry<br />

experienced a previous trailer conversion from a<br />

48-foot to a 53-foot trailer, the financial burden was<br />

dramatic. Lauded as a voluntary change, it became<br />

a change that fleets were expected to make after<br />

receiving zero financial assistance from the shipping<br />

community. A change to twin 33-foot trailers will not<br />

be viewed any differently.”<br />

The letter also noted the impact the longer trailers<br />

could have on the driver shortage.<br />

“As a pool that is ever shrinking by the year, any<br />

change that allows for twin 33-foot trailers would almost<br />

immediately create a need for more drivers that<br />

do not exist,” the letter said. “The demand from shippers<br />

to change equipment would be great, but the<br />

absence of drivers with a doubles/triples endorsement<br />

would be far greater. Faced with a growing driver<br />

shortage now, what would our industry do when<br />

faced with drivers that lacked the proper credentialing<br />

and training? Fleets would incur expenses of<br />

training or retraining drivers to obtain this endorsement<br />

and a cost that again, could not be recouped.”<br />

The day after the letter was written, TCA Director<br />

of Safety and Policy Dave Heller stood alongside<br />

Wicker, Feinstein and Sen. Richard Blumenthal, D-<br />

Conn., as he addressed a news conference in Washington<br />

called to present opposition to the longer trailers.<br />

TCA <strong>2015</strong>-<strong>16</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 11


Operating and assembling a tractor-trailer is<br />

physically demanding work, Heller said, adding that<br />

the strain of this type of work increases greatly with<br />

the size of the truck. Although drivers have weathered<br />

many changes over the years, requiring them to<br />

break up 91-foot-long trucks four times on each load,<br />

and to manhandle a 3,000-pound converter-gear is<br />

simply too much to ask, he said.<br />

“At a minimum, there has not been sufficient<br />

dialogue around this language to understand its full<br />

impact,” Heller continued. “The <strong>Truckload</strong> Carriers<br />

Association is proud to stand with Sens. Blumenthal,<br />

Feinstein and Wicker in urging Congress to oppose<br />

any legislation with provisions related to nationwide<br />

changes in truck size.”<br />

regulatory<br />

Publication of the final rule on electronic logging<br />

devices in no way means that the Federal Motor Carrier<br />

Safety Administration is ready to put the entire regulatory<br />

process on the back burner next year.<br />

Far from it; there will still be plenty of issues to discuss<br />

— and cuss.<br />

Here’s a summary of issues that based on FMCSA’s<br />

regulatory calendar will be on the agenda in 20<strong>16</strong>.<br />

Hours of Service<br />

(Study to determine efficacy of the 34-hour restart<br />

provision has just been completed)<br />

The FMCSA has let it be known that sometime late<br />

this year, it would send to the Office of the Inspector General<br />

of the Department of Transportation a report on its<br />

study that is supposed to help the agency and the industry<br />

determine which of the 34-hour restart provisions is<br />

better — the so-called July 1, 2013, rule that was suspended<br />

last December or the pre-July 1, 2013, rule.<br />

The FMCSA had steadfastly stood by the post-July<br />

1, 2013, rule, which allows a restart only once every <strong>16</strong>8<br />

hours and requires two consecutive 1 a.m. to 5 a.m. periods<br />

off duty. The agency says that rule improves safety.<br />

The trucking industry favors the pre-July 1, 2013,<br />

rule, which does not restrict the time between restarts<br />

and does not require two consecutive overnight periods<br />

and doesn’t hurt productivity and put more trucks on the<br />

road during the day like the post-July rule.<br />

The big question is this: If the report finds that the earlier<br />

rule is actually better as trucking claims, will FMCSA<br />

have the courage to say it erred in implementing the post-<br />

July 1, 2013, rule?<br />

Carrier Safety Fitness Determination<br />

(Notice of Proposed Rulemaking)<br />

The FMCSA is proposing to amend the Federal Motor<br />

Carrier Safety Regulations to adopt better methodologies<br />

to determine a carrier’s fitness to operate commercial<br />

vehicles.<br />

The fitness evaluation would be based on (1) a carrier’s<br />

on-road safety performance in relation to five of<br />

the seven Behavioral Analysis and Safety Improvement<br />

Categories; (2) an investigation; or (3) a combination of<br />

on-road safety data and investigation information. The<br />

intended effect of this action is to more effectively use<br />

FMCSA data and resources to identify unfit motor carriers<br />

and to remove them from the nation’s roadways.<br />

Of course CSA itself is under fire from the trucking industry,<br />

which believes the scores in no way correlate with<br />

a carrier’s safety record, so the industry wonders how the<br />

agency can effectively use those scores to determine<br />

safety fitness.<br />

The Office of Budget and Management has been reviewing<br />

the NPRM since June 23.<br />

The scheduled publication date of November 24 has<br />

come and gone, so it’s anyone’s guess when it will actually<br />

be published.<br />

CDL Drug and Alcohol Clearinghouse<br />

(Final Rule)<br />

This rulemaking would create a central database for<br />

verified positive test results for controlled substances and<br />

alcohol for CDL holders and refusals by drivers to submit<br />

to testing. Among other things, the rule would require carriers<br />

and service agents to report positive test results and<br />

refusals to test to the clearinghouse.<br />

In short, this rule, coveted by many in the trucking<br />

industry, should prevent a driver who is dismissed from<br />

a carrier following a positive drug screen or who has<br />

flunked a screening from moving on down the road and<br />

getting a job from another carrier.<br />

The Final Rule has yet to be sent to Department of<br />

Transportation Secretary Anthony Foxx’s office for initial<br />

review. That was supposed to happen November <strong>16</strong>. The<br />

current timetable says the rule will be published March<br />

28, 20<strong>16</strong>.<br />

Enhancements and Other Updates to the<br />

Unified Registration System<br />

(Notice of Proposed Rulemaking)<br />

There are multiple computer systems within FMCSA<br />

that are not interconnected. In other words, they don’t talk<br />

to one another.<br />

For example, FMCSA once put a motor carrier outof-service<br />

and the president of that carrier later signed<br />

an OP-1 document for a new carrier, but did not disclose<br />

that he had been associated with the carrier put OOS<br />

as required by FMCSA regulations. The new carrier was<br />

given authority to operate. The Trucker newspaper called<br />

those facts to the attention of FMCSA, prompting an investigation.<br />

The problem was that the computer system<br />

that contained the OOS information and a separate computer<br />

system that housed data on new applicants were<br />

not linked. Had they been, the agency would have noticed<br />

the president of the carrier put OOS had signed the OP-<br />

1, and likely would have denied the application. The president<br />

later disassociated himself with the new carrier.<br />

The current schedule calls for the NPRM to be sent<br />

to Foxx’s office March 21, 20<strong>16</strong>, and be published by August.<br />

Heavy Vehicle Speed Limiters<br />

(Notice of Proposed Rulemaking)<br />

This joint rulemaking with the National Highway Traffic<br />

Safety Administration responds to petitions from the<br />

American Trucking Associations and Roadsafe America<br />

to require installation of speed limiting devices on heavy<br />

trucks. In response to the petitions, NHTSA requested<br />

public comment on the subject and received thousands<br />

of comments supporting the petitioners’ request. The<br />

agency believes this rule would have minimal cost, as<br />

all heavy trucks already have these devices installed, although<br />

some vehicles do not have the limit set. FMCSA<br />

said the rule would decrease the estimated 1,115 fatal<br />

crashes annually involving heavy-duty vehicles on roads<br />

with posted speed limits of 55 mph or above.<br />

Speed limiters are strongly opposed by the Owner-<br />

Operator Independent Drivers Association and many independent<br />

contractors.<br />

The NPRM has been under review by the Office of<br />

Budget and Management since May 18. It was set to be<br />

published December 3.<br />

MAP-21 CDL Requirements<br />

(Notice of Proposed Rulemaking)<br />

This rule is intended to ease the transition of members<br />

of the military into civilian truck driving careers by<br />

reducing onerous paperwork and simplifying the licensing<br />

process. It proposes to extend the time period for applying<br />

for a skills test waiver from 90 days to one year<br />

for recently separated military. Another component of the<br />

proposal would be to require states to accept the military<br />

commercial vehicle license of certain military personnel<br />

in exchange for a CDL. This rulemaking also proposes<br />

that active duty military members may apply for their<br />

Commercial Learner’s Permits (CLPs) and CDLs in their<br />

current state of residence with the CLP and CDL being<br />

issued by their state of domicile.<br />

The NPRM is scheduled to be in the DOT secretary’s<br />

office by February 9, 20<strong>16</strong>, with a publication date of<br />

June 24, 20<strong>16</strong>.<br />

Coercion<br />

The industry finally has its rule that the Federal<br />

Motor Carrier Safety Administration says is designed to<br />

help further safeguard commercial truck and bus drivers<br />

from being compelled to violate federal safety regulations.<br />

The rule, which becomes effective January <strong>16</strong>, 20<strong>16</strong>,<br />

provides FMCSA with the authority to take enforcement<br />

action not only against motor carriers, but also against<br />

shippers, receivers and transportation intermediaries.<br />

“Our nation relies on millions of commercial vehicle<br />

drivers to move people and freight, and we must do<br />

everything we can to ensure that they are able to operate<br />

safely,” said Transportation Secretary Anthony Foxx.<br />

“This rule enables us to take enforcement action against<br />

anyone in the transportation chain that knowingly and<br />

recklessly jeopardizes the safety of the driver and of the<br />

motoring public.”<br />

The agency said the rule addresses three key areas<br />

concerning driver coercion: procedures for commercial<br />

truck and bus drivers to report incidents of coercion to the<br />

FMCSA; steps the agency could take when responding to<br />

such allegations; and penalties that may be imposed on<br />

entities found to have coerced drivers.<br />

Dave Heller, the <strong>Truckload</strong> Carriers Association’s director<br />

of safety and policy, applauded the rule.<br />

“As an association, TCA has always stated that we<br />

12 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>-<strong>16</strong>


J. J. KELLER’S ELD INSIGHTS<br />

cannot advocate noncompliance,” Heller said. “With that in mind, we believe that<br />

each driver who operates on our roadways should be afforded every opportunity to<br />

operate their commercial motor vehicle in an environment that is free from harassment<br />

and coercion. Any party, shipper, carrier, broker or freight forwarder found to<br />

force drivers into a situation where compliance with the Federal Motor Carrier Safety<br />

Regulations (FMCSRs) is placed in jeopardy should be fully penalized to the extent<br />

of this rule.”<br />

The rule allows for a civil penalty of up to $<strong>16</strong>,000 for each offense.<br />

The FMCSRs say coercion occurs when a motor carrier, shipper, receiver or transportation<br />

intermediary threatens to withhold work from, take employment action against<br />

or punish a driver for refusing to operate in violation of certain provisions of the FMCSRs,<br />

Hazardous Materials Regulations (HMRs) and the Federal Motor Carrier Commercial<br />

Regulations FMCCRs. The agency says coercion may be found to have taken place<br />

even if a violation has not occurred. An example of coercion is when a motor carrier<br />

terminates a driver for refusing to accept a load that would require the driver to violate<br />

the Hours of Service requirements.<br />

The agency said the following must have occurred in order for coercion to have existed:<br />

• A motor carrier, shipper, receiver or transportation intermediary requests a driver to<br />

perform a task that would result in the driver violating certain provisions of the FMCSRs,<br />

HMRs, or the FMCCRs<br />

• The driver informs the motor carrier, shipper, receiver or transportation intermediary<br />

of the violation that would occur if the task is performed, such as driving over the HOS<br />

limits or creating unsafe driving conditions, and<br />

• The motor carrier, shipper, receiver or transportation intermediary makes a threat<br />

or takes action against the driver’s employment or work opportunities in order to get the<br />

driver to take a load despite the regulatory violation that would occur.<br />

“Any time a motor carrier, shipper, receiver, freight-forwarder or broker demands that<br />

a schedule be met, one that the driver says would be impossible without violating HOS<br />

restrictions or other safety regulations, that is coercion,” said FMCSA Acting Administrator<br />

Scott Darling. “No commercial driver should ever feel compelled to bypass important<br />

federal safety regulations and potentially endanger the lives of all travelers on the road.”<br />

In formulating this rule, the agency said it heard from commercial drivers who reported<br />

being pressured to violate federal safety regulations with implicit or explicit threats<br />

of job termination, denial of subsequent trips or loads, reduced pay, forfeiture of favorable<br />

work hours or transportation jobs, or other direct retaliations.<br />

Some of the FMCSA regulations drivers reported being coerced into violating included<br />

HOS limitations designed to prevent fatigued driving, CDL requirements, drug<br />

and alcohol testing, and the transportation of hazardous materials and commercial regulations<br />

applicable to, among others, interstate household goods movers and passenger<br />

carriers.<br />

Commercial truck and bus drivers have had whistle-blower protection through the<br />

Department of Labor’s Occupational Safety and Health Administration (OSHA) since<br />

1982, when the Surface Transportation Assistance Act (STAA) was adopted.<br />

The STAA regulations protect drivers and other individuals working for commercial<br />

motor carriers from retaliation for reporting or engaging in activities related to certain<br />

commercial motor vehicle safety, health, or security conditions.<br />

STAA provides whistleblower protection for drivers who report coercion complaints<br />

under this final rule and are then retaliated against by their employer.<br />

The FMCSA said there will be safety benefits from increased compliance with the<br />

regulations and also driver health benefits, adding that in the absence of coercion, drivers<br />

“will conduct their safety-sensitive work in a manner consistent with applicable federal<br />

regulations.”<br />

The agency said during a four-year period from 2009-2012, OSHA had determined<br />

that 253 whistleblower complaints from commercial motor vehicle drivers had merit.<br />

In the same period, FMCSA validated 20 allegations of motor carrier coercion.<br />

Between the two agencies, that accounts for an average 68.25 acts of coercion per<br />

year, the FMCSA said.<br />

In June 2014, FMCSA and OSHA signed a Memorandum of Understanding to<br />

strengthen the coordination and cooperation between the agencies regarding the antiretaliation<br />

provision of the STAA. The memorandum allows for the exchange of safety,<br />

coercion and retaliation allegations when received by one agency that fall under the<br />

authority of the other.<br />

Making the Most of Your ELD Data<br />

Many companies that begin using electronic logging devices (ELDs) are<br />

surprised by the volume of data that’s generated. The key is to understand<br />

and use this data effectively.<br />

Hours of Service (HOS) Violation Data<br />

Most ELD systems have the ability to identify whether drivers are violating HOS<br />

limits. If you’re continually seeing drivers operating past an HOS limit, you may<br />

need to ask yourself, “Do they need refresher training on the HOS regulations<br />

or on the ELD system itself?”<br />

If you have drivers repeatedly making form and manner errors, then retraining<br />

might be required to correct the problem. If you have drivers ignoring warnings<br />

from the system and operating past the HOS limits, more serious action may<br />

be warranted.<br />

Speed Data<br />

Because speeding can lead to accidents, violations, reduced fuel mileage, and<br />

unnecessary wear on a vehicle’s driveline and breaks, this is important data to<br />

monitor. If a driver occasionally operates at extremely high speeds or at a high<br />

average speed, you’ll want to meet with that driver to address the situation.<br />

Hard Braking Data<br />

There are two keys to using hard braking data successfully:<br />

1. Setting the braking threshold correctly<br />

2. Determining what an acceptable number of hard braking incidents<br />

is during a specific time span<br />

Most carriers set the threshold at a deceleration rate of approximately 10 mph<br />

per second. How many hard braking incidents are acceptable depends on your<br />

operating environment and where you have the threshold set.<br />

Idle Time Data<br />

ELD data lets you spot idling that’s causing fuel wastage by tracking all<br />

incidents of idling longer than a specified time limit. This allows you to identify<br />

what you consider “excessive” idle time. Another way to spot wasteful idling is<br />

by using ELD data to track the percentage of a vehicle’s run time that is idling.<br />

Then compare that percentage to an acceptable limit you have set.<br />

Route Selection Data<br />

Most ELD systems use “breadcrumbs” to record the driver’s location at<br />

predetermined intervals to verify the driver used the most efficient route.<br />

More sophisticated systems use geofencing to alert you if a vehicle has<br />

wandered off its anticipated route. And some ELD systems use a “logic”<br />

program to combine the routing information with the anticipated or<br />

promised delivery time. In each case, that data can be used as the basis<br />

for discussion with a driver when necessary.<br />

Make the Most of Your ELD Data<br />

By understanding ELD data and using it effectively, you can improve regulatory<br />

compliance, driver safety, CSA scores, fuel usage, and fleet efficiency.<br />

To download our “ELD data: Understanding and using it<br />

effectively” whitepaper, visit JJKeller.com/ELDdata. To learn<br />

about the J. J. Keller® Encompass® E-Log system, see the ad in<br />

this publication, visit JJKellerELogs.com, or call 855.693.5338.<br />

with E-Logs<br />

TCA <strong>2015</strong>-<strong>16</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 13


From Where We Sit<br />

The FAST Act Edition<br />

“It’s a great start, a new beginning, but one in which the end has not yet been defined.”<br />

— Dave Heller, TCA director of safety and policy<br />

“This bill is not perfect, but it is a common sense compromise, and an important first step in the<br />

right direction. We should also recognize that we still have work to do. Congress should pass a bill<br />

like the GROW AMERICA Act I’ve proposed in the past.”<br />

— President Barack Obama<br />

“It is a tremendous relief to know that with the FAST Act, state departments of transportation will<br />

have some reasonable long-term certainty regarding the levels of federal investments for surface transportation.”<br />

— Paul Trombino, President of American Association of State Highway and Transportation<br />

Officials and Director of Iowa Department of Transportation<br />

“NATSO is concerned with a provision that amends the federal tolling pilot program known as the<br />

Interstate System Reconstruction and Rehabilitation Pilot Program (ISRRPP) and opens the door to<br />

an increased number of tolling applications under the program.”<br />

— Lisa Mullings, NATSO president & CEO<br />

“Reaching agreement on a long-term renewal plan is a testament to the hard work and bipartisanship<br />

of so many in Congress. The nation’s mayors are thankful Congress found common ground for the<br />

good of the American people who travel everyday on our bridges and highways, transit and rail systems.”<br />

— Tom Cochran , U.S. Conference of Mayors CEO & Executive Director<br />

“We are pleased to see that the legislation addresses many of the priorities we have been fighting<br />

for this year, especially higher annual funding levels over a shorter period of time. Our bridges and<br />

highways urgently need a serious upgrade that will help strengthen America’s economy.”<br />

— Scott Michael, president & CEO, American Moving and Storage Association<br />

“Governors have long called on Congress to pass a long-term surface transportation<br />

bill. The FAST Act provides states with the certainty and flexibility needed to deliver<br />

highway and public transportation projects that enhance the quality, safety and<br />

strength of the nation’s infrastructure systems.”<br />

— National Governors Association<br />

“The ISRRPP is an outdated pilot program that should ultimately be repealed<br />

in its entirety. The Alliance for Toll-Free Interstates will continue<br />

to oppose all efforts to toll existing interstates under this program.”<br />

— The Alliance for Toll-Free Interstates<br />

14 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>-<strong>16</strong>


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10<br />

MATS OEM<br />

Exodus<br />

Perhaps No. 9 below explains in part why<br />

No. 10 on our list is the news that Class 8<br />

OEMs have pulled out of the Mid-America<br />

Trucking Show in Louisville, Kentucky.<br />

Peterbilt confirmed back in October that<br />

it was pulling out of MATS, following announcements<br />

by Daimler Trucks North<br />

America, Navistar, Mack Trucks and<br />

8 Commercial<br />

Drivers Lies<br />

10<br />

Things we learned<br />

about trucking in<br />

<strong>2015</strong><br />

Top<br />

By Dorothy Cox<br />

Volvo Trucks, and Kenworth. Daimler said it planned to alternate<br />

exhibiting between MATS and the IAA Commercial Vehicle Show in<br />

Hanover, Germany, beginning with Hanover in 20<strong>16</strong>. One reason may<br />

be that OEMs have generated more sales by inviting<br />

select groups of potential buyers to popular locales<br />

to show off their new equipment. Stay<br />

tuned.<br />

9<br />

Truck Sales<br />

Mania<br />

No. 9. If <strong>2015</strong> truck sales continue at the same pace, they look to beat<br />

the 2014 year-end total of 220,301 and could come close to rivaling<br />

the all-time high of 284,008 sold in 2006. But don’t pop the cork and<br />

throw the confetti just yet. In a report released in December analysts<br />

said truck inventories are high and retail sales have stalled. FTR Transportation<br />

Intelligence said retail truck sales have finally stalled and<br />

that weak orders “are the reason for the recent OEM announcements<br />

regarding production cutbacks and layoffs” (starting in February Volvo<br />

Trucks will lay off 734 production workers at its plant in southwest Virginia,<br />

for example), and perhaps it’s one reason for the MATS pullouts.<br />

They’ve tried rigged wristwatches, specially prepared pencils and when<br />

all else failed, paid someone to give them the correct answers to obtain<br />

CDLs. As long as there’s money to be made, people will always try to<br />

cheat and beat the system, which brings us to No. 8. California was the<br />

site of a CDL scam this summer where hundreds of people paid up to<br />

$5,000 to obtain CDLs without having to take written or road tests, resulting<br />

in more than 600 CDLs being suspended and 23 crashes reportedly<br />

tied to it. FMCSA hopes to break up the party with a rule mandating<br />

entry-level driver training standards.<br />

7<br />

Acquire or<br />

Be Acquired<br />

No. 7 on our list is the amazing number<br />

of carrier acquisitions that have<br />

taken place in <strong>2015</strong>, almost too many<br />

to mention. So let us wax poetic (or<br />

pathetic) with a ditty to the tune of “If<br />

I Only Had a Brain” from “The Wizard<br />

of Oz”:<br />

‘Twas the year of acquisitions,<br />

With all our wallets twitchin’<br />

Our systems set on go,<br />

We could buy the competition,<br />

Be on top like we were wishin’<br />

If we only had the dough …<br />

The most major deal to take place so far is XPO Logistics’ October<br />

30 acquisition of Con-way Inc., making XPO the second largest lessthan-truckload<br />

(LTL) provider in North America. According to analysts,<br />

U.S company earnings have fallen this year for the first time<br />

since 2009, during the Great Recession, explaining why acquisitions<br />

in trucking and other industries have put corporate deals at more<br />

than $3 trillion so far.<br />

Less Pain<br />

6<br />

Nobody could have predicted diesel at the<br />

prices would drop and keep dropping,<br />

making it the top candidate for No. 6. Pump<br />

On November 30 the national average on-highway price of diesel was<br />

$2.421, the lowest it’s been since June 1, 2009. Everyone keeps expecting<br />

diesel to go up, but it can only follow what oil prices have been<br />

doing, and because of a glut in U.S. oil production, a global economic<br />

downturn and major oil producers’ refusal to limit their output, oil prices<br />

have slipped and diesel along with it. Natural gas-powered Class 8<br />

truck and bus sales have slowed when calculated as a percentage of<br />

the total market, according to a report from ACT Research, which noted<br />

low diesel prices have made NG less lucrative.<br />

5<br />

Technology comes in at No. 5 on our<br />

Tech<br />

list, with trucking encountering a technology<br />

take-over of late including but<br />

Takeover<br />

not limited to significant advancements<br />

in on-board safety equipment, digital diagnostics, vehicle-to-vehicle and<br />

vehicle-to-infrastructure communication, and the big eye-opener — autonomous<br />

trucks. Of course, vehicle-to-infrastructure technology, where a<br />

truck’s computer is able to communicate with sensors in a road or bridge,<br />

may be awhile in coming since the government can’t even keep up with<br />

fixing potholes and sagging bridges. “Platooning,” in which two or more<br />

trucks’ braking and other systems are “synched” to enable them to travel<br />

at closer-than-normal following distances to save fuel is on the horizon. The<br />

hold-up is not the cost but that there have to be a lot more vehicles with the<br />

technology to work as intended. And fully autonomous trucks (no human<br />

intervention) aren’t expected to come on the scene until 2035 to 2050.<br />

<strong>16</strong> <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>-<strong>16</strong>


4 ELD’s<br />

3<br />

New Rule<br />

Seeing Double<br />

No. 4 is the electronic logging device (ELD) rule, which was only<br />

15 years in the making after writing, lawsuits, comments and more<br />

writing. It had been high on the list of driver’s concerns but by now,<br />

many truckers have been using electronic logs and like them. Like<br />

the man who cried “wolf” over and over, shouting “ELD rule” doesn’t<br />

cause much of a scare. FMCSA is coming out soon with its anti coercion<br />

rule (effective January <strong>16</strong>, 20<strong>16</strong>), giving the agency authority to<br />

take enforcement action against motor carriers, shippers, receivers<br />

and transportation intermediaries who try to coerce drivers or harass<br />

them into following the letter of Hours of Service law while throwing<br />

fatigue and safety issues (the spirit of the law) out the window.<br />

2<br />

Not So<br />

“FAST” FAST née STRR née DRIVE née GROW AMERICA.<br />

It took four generations, but the nation now has<br />

Act a long-term surface transportation bill, a marriage<br />

of proposals offered first by the Obama administration, then the Senate<br />

and then the House. The Fixing America’s Surface Transportation (FAST)<br />

Act is a five-year, $305 billion piece of legislation that <strong>Truckload</strong> Carriers<br />

Association Director of Policy and Safety Dave Heller called “a great start, a<br />

new beginning, but one in which the end has not yet been defined.” Simply<br />

put, the FAST Act does not resolve how to pay for transportation programs<br />

in the long term. Most trucking stakeholders agree on one positive aspect:<br />

States can do some long-range planning with the tentative<br />

hope that the money will be available when needed.<br />

The twin 33 issue was named the No. 3 story because of its<br />

divisiveness. We were reminded of the “Doctor Dolittle” series<br />

of children’s books by Hugh Lofting and his “pushmi-pullyu”<br />

(pronounced “push-me — pull-you”), an animal with a head<br />

on each end of its body. Indeed, trucking has been of two<br />

minds on this issue: The board of directors of the <strong>Truckload</strong><br />

Carriers Association October 17 went on record opposing<br />

twin 33-foot trailers after a period of neutrality; the American<br />

Trucking Associations has always supported them and carriers,<br />

themselves, are hotly divided with carriers’ letters to Senators<br />

flying back and forth. Congress also did a little push-pull<br />

over twin 33s as language allowing them on U.S. roads was<br />

taken in and out of appropriations bills. As of press time their<br />

inclusion was up in the air.<br />

1Disappearing Act<br />

like this:<br />

If Dr. Seuss had written about the enduring driver shortage,<br />

deemed the No. 1 story in trucking in <strong>2015</strong> by <strong>Truckload</strong><br />

<strong>Authority</strong> writers and editors, it might have gone something<br />

No drivers here, no drivers there<br />

Not in a cab or in a chair,<br />

Not in an office or a truck,<br />

The driver hunt has run amuck!<br />

We only want some quality<br />

But all they seem to do is flee …<br />

Or else they are not mesmerized<br />

By white lines that go whizzing by<br />

Or waiting for a load all day,<br />

Too little time, too little pay<br />

But one thing I am sure ‘tis true<br />

The same old answers will not do!<br />

They will not do, oh no siree!<br />

Could we use technology?<br />

Could these trucks run on their own?<br />

While drivers safely stay at home?<br />

We must think outside the box<br />

Even if it causes shock …<br />

No drivers here, no drivers there<br />

We can’t find drivers anywhere …<br />

TCA <strong>2015</strong>-<strong>16</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 17


I i<br />

W i t h M I K E R O W E<br />

By Micah Jackson<br />

It was 1990 when a 22-year-old kid from a farming family on the outskirts of Baltimore, Maryland, was having<br />

a drink with a friend. He was singing with the Baltimore Opera at the time and in between performances (and<br />

wearing a pirate costume from the show) he and his buddy had walked across the street to a local pub to kill<br />

some time. The television in the bar was tuned to the home shopping channel, QVC, which is odd in the first<br />

place. Who shops for a new cutlery set or the greatest all-in-one cosmetic skin care kit from a bar stool? It<br />

had to be fate. As the conversation turned to what was on the screen, his friend bet him $100 he couldn’t<br />

get a call back from QVC for an interview. Forty-eight hours later he was on the air. Yep, that’s Mike Rowe<br />

for you.<br />

Two and a half decades later Mike Rowe is an international television star with a penchant to call it<br />

like he sees it. Best known for creating and hosting the Discovery Channel’s smash hit “Dirty Jobs,”<br />

which highlights often dangerous but necessary (and dirty) professions, Mike has been seen in more<br />

than 200 countries around the world and featured in myriad other television shows like “Deadliest<br />

Catch” and ABC’s “Last Man Standing.” He’s done voice-over work for ABC’s “World News with Diane<br />

Sawyer” and appeared in a series of popular Ford Motor Company advertising campaigns.<br />

During his career he has partnered with major brands like W.W. Grainger, HP, Motorola and Caterpillar<br />

on nationwide initiatives. In 2010 he partnered with the Association of Equipment Manufacturers<br />

on a campaign titled “I Make America.” Its goal was to encourage investment in infrastructure,<br />

something trucking stakeholders understand all too well, and to advocate for better<br />

export agreements in order to create more good paying jobs for American workers. However, on<br />

Labor Day in 2008 Mike launched his most personal and gratifying project, the mikeroweWORKS<br />

Foundation. Its stated mission is to “promote hard work” and “support specific skilled trades”<br />

that Mike believes will help close the country’s significant skills gap. In an exclusive wide-ranging<br />

interview with The Trucker and <strong>Truckload</strong> <strong>Authority</strong> he explained its inception this way: “I<br />

just wanted to have a platform that would let me say things like, ‘Hey, you know, driving a<br />

truck for a living is a big deal. It can pay you a decent salary, maybe better than decent, and<br />

without truck drivers, the party’s over. Everything in your apartment or house has been on a<br />

train or a truck, I guarantee.’ So aside from just wanting to give some PR to those industries,<br />

it evolved into a direct attempt to reward the people who actually wanted to pursue those<br />

jobs. So we’ve given away between three million and four million dollars. We call them work<br />

ethics scholarships. It’s a lump of money set aside I raise every year and then look for people<br />

who are willing to actually pursue a job that truly exists.”<br />

How did this cause become so personal to him? He traces it back to his days as a child<br />

growing up in Baltimore. “I grew up on a small farm outside of Baltimore and I was encouraged<br />

by my parents to swing for the fences whenever possible, explore anything that<br />

seemed interesting and so my dreams were big and robust,” Mike recalls. “My grandparents<br />

happened to live right next door. So I grew up in two shadows, the shadow of<br />

my granddad, which was enormous, and my dad was also enormous in a different way.<br />

My grandfather only went to the seventh grade but he was the smartest man I’ve ever<br />

known. He could take apart an engine blindfolded and put it back together. He could<br />

build a house without a blueprint. He could disassemble the most complicated watch<br />

and put it back together. He never read the instructions to anything. He just seemed<br />

to know how the world fit [together] and how everything in it worked and by the time<br />

he was 35 he was a master plumber, electrician, steamfitter, pipefitter, welder and a<br />

18 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>-<strong>16</strong>


Brought to you by<br />

“Like so many people who I met on ‘Dirty Jobs,’ truckers<br />

are in on the joke. They get it. They know that their<br />

profession is one of a few that supports what I call the<br />

‘It’s a Wonderful Life’ theory. I know that if you take the<br />

plumbers and the electricians and the construction workers<br />

out of the mix we’re about two or three days from a general<br />

riot. I know the same is true of truck drivers.<br />

Without them, we are all truly screwed.”<br />

TCA <strong>2015</strong>-<strong>16</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 19


ought to you by The trucker news organization<br />

get your daily industry news at thetrucker.com<br />

mechanic. He just knew so much intuitively and I was convinced I<br />

was going to follow in his footsteps. My earliest memories as a boy<br />

are assisting my grandfather and my dad was my grandfather’s apprentice<br />

around the farm. My dad was a schoolteacher by trade but<br />

he was really a great apprentice.”<br />

Mike had a transformative moment as a senior attending Overlea<br />

High School in Mr. Dunbar’s, his guidance counselor’s, office. “I had<br />

taken some of those mandatory college entrance exams and I suppose<br />

I had done OK on them and he wanted to talk to me seriously<br />

about my future and about what school I would be attending. He<br />

named James Madison University of Maryland and a couple of others<br />

which I could not afford. I said, ‘look, I don’t have any money and the<br />

only four-letter word in my family that was truly off limits was debt.’<br />

That meant I wasn’t going to be borrowing any money. But the bigger<br />

point was I said, ‘Look, I don’t know what I want to do and it just<br />

seems crazy to borrow so much money to explore a very expensive<br />

curiosity and in the end not having anything for it except a lot of debt.’<br />

I told him I’d rather go to a community college and spend $26 a credit<br />

to figure out what it is I might want to do. Mr. Dunbar said that would<br />

be a mistake and below my potential and then he pointed to a poster<br />

that he had on his wall. I’d never seen this poster before or heard the<br />

platitude on it. It was part of a<br />

college recruitment campaign<br />

that was very popular back in<br />

the 1970s. On the left side of<br />

the poster it featured a graduate<br />

holding his diploma in his<br />

cap and gown looking very optimistic<br />

and hopeful and right<br />

next to him was a tradesman<br />

— a mechanic of some kind<br />

holding a wrench looking down<br />

at the floor looking like he won<br />

some sort of vocational consolation<br />

prize. And the caption<br />

was really what chapped my<br />

ass. It said, ‘work smart, not<br />

hard.’ And my guidance counselor<br />

said, ‘Which one of these<br />

guys do you want to be?’ I realized<br />

what he was really doing<br />

was using somebody like my<br />

grandfather as an example of<br />

a bad thing that would come<br />

to pass if I didn’t get a fouryear<br />

degree. ‘Work smart, not<br />

hard.’ I can still see it,” Mike<br />

recounted.<br />

It’s the “work smart, not<br />

hard” attitude which he points<br />

to in order to explain our nation’s<br />

labor problems. He lamented,<br />

“I think a lot of people<br />

in the country have taken it<br />

to heart, not just in terms of<br />

becoming more efficient, but<br />

in terms of working less and<br />

I just think if you really commit<br />

yourself to a work smart,<br />

not hard philosophy, then you<br />

can understand why we have<br />

a skills gap and why the infrastructure<br />

is crumbling and why<br />

there is a shortage of qualified<br />

truckers and why there is so much outsourcing in the manufacturing<br />

world and why the currency is devalued … so many things we think of<br />

as problems I’ve come to suspect might be a symptom of a country<br />

that has embraced the false premise of work smart, not hard.”<br />

Though Mike was convinced he would one day follow in his grandfather’s<br />

footsteps, genetics had charted a different course for him.<br />

“The handy gene that my grandfather had that I was so convinced I<br />

would pursue, that’s a recessive gene. The hell of it is, it just skipped<br />

right over me. None of it came easy to me. And after watching me<br />

struggle for years my grandfather finally pulled me aside —I remember<br />

we were putting in a foundation for a stable we were building out<br />

back [and] I got the concrete mixture wrong. The concrete wasn’t<br />

setting up right and I had messed up the measurements and I said,<br />

‘I’m sorry pop,’ and he said, ‘Mike, you know something? Maybe you<br />

ought to get yourself a different tool box.’ And it didn’t strike me at<br />

the time, but looking back it was exactly the thing I should do.” So<br />

Mike discovered an interest in singing and entertainment and began<br />

to pursue those passions. He had a gift for singing and saw performing<br />

in the opera as a way into show business. “Check the want ads,”<br />

he said. “There’s no opening for sitcom star or TV star or movie star.<br />

They are not hiring. You have to find your own way in. And for me, I<br />

memorized an aria in Italian, I auditioned and got in. I got my union<br />

card and that allowed me to get my union card for the Screen Actors<br />

Guild as well, which is really the one I wanted to be in. The music<br />

turned out to be better than I thought.”<br />

After landing the QVC host gig on a bet, what followed for Mike<br />

was a decade and a half of writing, narrating, and hosting. He recalled<br />

it this way: “I went to Hollywood, then I got into girls and then<br />

I started singing and then I started narrating and really from age 27<br />

until 43, all I did was freelance. I had maybe 300 jobs; I lived in L.A.<br />

and New York and I took my grandfather’s business model, which was<br />

freelance, which to me meant work when you feel like it, travel when<br />

you don’t, and I really had it all figured out.” However, his beloved<br />

grandfather was 91 years of age and not in good health in 2003 when<br />

Mike sold “Dirty Jobs” to the Discovery Channel. He attributes his<br />

motivation for creating and hosting the show as a tribute to the man<br />

he called “Pop.”<br />

“I wanted to do something on<br />

the air that at least looked like<br />

work that he would recognize,”<br />

he said.<br />

The success that would follow<br />

was incredible and it’s ultimately<br />

what led him to his personal mission<br />

the mikeroweWORKS Foundation<br />

embodies. “By 2008 we<br />

had done over 200 episodes of<br />

‘Dirty Jobs’ and the show was on<br />

in 212 countries and it aired every<br />

single day here in the states.<br />

I was just going along the business<br />

of shooting the show when<br />

the economy kind of crapped the<br />

bed in 2008-2009 and I started<br />

to really pay attention to a lot of<br />

the people who I had been working<br />

with, many of whom had<br />

strong opinions about what was<br />

going on in the country. I talked,<br />

for instance, to a lot of employers<br />

over the years and they all<br />

had expressed the same frustrations<br />

that the single biggest impediment<br />

facing the people who<br />

I met on the show who owned<br />

businesses was the ability to recruit<br />

new talent. To find somebody<br />

who’s willing to retool, retrain<br />

and relocate, and [it’s] a<br />

very hard thing to do. And I’d<br />

heard it for years but I’d never<br />

given it too much thought, because<br />

I was too busy, to tell you<br />

the truth,” Mike explained.<br />

Then in the midst of the economic<br />

slowdown a surprising<br />

thing began to happen. In their<br />

hopes of better explaining the<br />

root causes of the unemployment<br />

mess Mike began receiving<br />

calls from who he thought were the unlikeliest of people. “I started<br />

getting phone calls from business and financial reporters and it was<br />

very strange, you know, people calling me to ask me, ‘What’s the<br />

‘Dirty Jobs’ perspective on what’s going on with unemployment’ for<br />

instance. A guy called from The Wall Street Journal to ask me, ‘I<br />

wonder if you might like to reconcile two dichotomous data points<br />

vis-a-vis rising unemployment and a widening skills gap. What are<br />

your thoughts on that?’ Like what? Dude, I had just finished castrating<br />

lambs with my teeth. It was one of the weirder jobs in my life. But<br />

I just couldn’t believe I was getting asked this question by the editor<br />

at The Wall Street Journal.”<br />

These questions began to cause Mike to realize some things about<br />

himself. “I had really become disconnected from the very things that I<br />

used to be most enamored of when I was growing up. And it was ‘Dirty<br />

Jobs’ that slowly reconnected me to the business of making things and<br />

I said, ‘Look, if I became unimpressed and somewhat disinterested and<br />

20 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>-<strong>16</strong>


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get your daily industry news at thetrucker.com<br />

blasé about things like manufacturing and work<br />

and energy and food, I bet the country has as<br />

well.’” He went further: “The reason people are<br />

having such a hard time recruiting in those industries<br />

is we don’t magnify those industries<br />

anymore. We don’t look at them with regard<br />

and esteem and so I said, ‘Look, I think we<br />

have a skills gap because we get exactly what<br />

we reward. We’re not rewarding hard work<br />

anymore, we’re rewarding smart work, which<br />

is why we have $1.2 trillion dollars in student<br />

loans and why we still have 3 million jobs open<br />

that nobody seems to want and why we have<br />

God knows how many people out of work who<br />

are capable of working.’” He believes the root<br />

of the problem began years ago in high school<br />

guidance counselors’ offices across the nation.<br />

“The business of promoting college, which really<br />

started in earnest in the early seventies,<br />

worked. And I’m glad it did, because the country<br />

needed more college graduates, the country<br />

needed more people getting enthused and excited<br />

over education. But the problem with the<br />

campaign referenced on the poster at my guidance<br />

counselor’s office and the problem with<br />

so much of the pro-college messaging that’s<br />

gone on in the last 40 years is that it’s come at<br />

expense of all other forms of education.”<br />

With trucking staring at a projected one<br />

quarter million driver shortfall in the coming<br />

decade and other skills trade industries<br />

grappling with the same daunting challenge,<br />

where does the solution lie?<br />

As with most issues, Mike’s take is clear<br />

and to the point. “You have to talk about<br />

what happens to a society that can’t get a<br />

plumber on the weekend, or a society who<br />

can’t get stuff delivered from coast-to-coast<br />

or state-to-state for all of the reasons you<br />

just mentioned. That’s when the wheels truly<br />

come off the bus.”<br />

Does Mike think it will really come to this?<br />

“The trucking industry, in my opinion, needs<br />

to do a much better job of educating 300 million<br />

Americans on what their true relationship<br />

with trucking actually is. Right now, the average<br />

person, you say ‘truck,’ and they think of<br />

the reason they weren’t able to take the exit<br />

off the highway; the truck wouldn’t get out of<br />

the way. I don’t have to tell you. You go down<br />

all the negative stereotypes of trucking and<br />

that’s what’s there. That is a failure of PR.”<br />

Mike describes what he believes the trucking<br />

industry faces as a “public relations problem.”<br />

“It’s not a problem based in reality, it’s a<br />

problem based in perception,” he believes. “Of<br />

course, perception is reality. And if the trucking<br />

industry can’t successfully convince a majority<br />

of Americans that their prosperity, that<br />

their own way of life, their daily comings and<br />

goings, are completely reliant upon a functioning<br />

highway system and people who drive<br />

trucks, then you’re going to be pushing the<br />

same boulder up the same hill all your life.”<br />

He insists another big reason for the capacity<br />

crisis is we are simply victims of our<br />

own success.<br />

“You’re too damn good at it. You know, everything<br />

in my apartment right now was on<br />

a truck. So why don’t I feel grateful for that?<br />

Why am I not amazed by it? It’s because like<br />

anything else, it’s out of sight, out of mind.<br />

People just aren’t connected to the reality of<br />

what it is your people do. And it’s really on<br />

you. You guys have got to challenge people<br />

who would never drive a truck or even be in a<br />

truck to be grateful for trucks and the people<br />

who operate them,” he opined.<br />

It’s a tough critique, but Mike is not just<br />

throwing stones, he is actually in the fight with<br />

22 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>-<strong>16</strong>


his sleeves rolled up and his work boots on.<br />

This is what the mikeroweWORKS Foundation<br />

is all about. He continues to work with major<br />

brands and the skills trade industries to promote<br />

their value to the nation. His approach<br />

might not be politically correct for the times we<br />

are living in, but he’s just being himself. He put<br />

it to me like this: “In my experience, the hardest<br />

thing for a company or a trade organization<br />

to do, is to sing its own praises. It just immediately<br />

sounds and looks and feels self-serving.<br />

It just smells like a commercial. And the same<br />

thing happens in the trucking industry. People<br />

are looking for something authentic, and<br />

they’re not finding it in most existing PR campaigns.<br />

So having said that, what I try<br />

and do with companies like CAT<br />

or HP or Motorola or whoever<br />

we partner with, is to say,<br />

‘Look, you have to trust me<br />

to talk candidly, whether it’s<br />

to the three million people<br />

on my Facebook page or in<br />

the shows I work on. You<br />

just have to trust me to talk<br />

about telling what is going<br />

on in your company without<br />

the usual oversight and protocol<br />

that happens through a<br />

typical agency relationship. Because<br />

if you try and script me, and<br />

if you try and do this through the normal channels,<br />

it’s just going to sound like the noise it is<br />

and no one is going to pay any attention.”<br />

Mike has more recently launched another<br />

initiative he coined “Safety Third.” In what<br />

runs the risk of drawing the ire of countless<br />

safety advocates, company safety managers,<br />

human resource directors, actuaries, and insurance<br />

companies, he uses “Safety Third”<br />

as a way to share his provocative perspective<br />

from his years of shooting “Dirty Jobs.”<br />

“The goal is always to fight complacency.<br />

And what I noticed in me was those best intentions<br />

were actually making us more complacent.<br />

So we started to say ‘Safety Third.’<br />

And the reason we did it was exactly what<br />

just happened there. When I said it you<br />

laughed. You can’t help it. When someone<br />

says ‘Hey, Safety Third,’ it makes you chuckle<br />

and it makes you think ‘What the hell does<br />

that mean? Why do you say Safety Third?’<br />

And when people would ask me, what I said<br />

was, ‘I’ll tell you why I said it: Because that’s<br />

how the world really works. You’re not driving<br />

a truck because safety is the most important<br />

thing. Your reason for getting into this vocation<br />

wasn’t to come home safely. It was to<br />

deliver the goods. The second reason was to<br />

make a living. That’s it. Job One is do the job.<br />

“Of course, perception is reality. And if the trucking industry<br />

can’t successfully convince a majority of Americans that their<br />

prosperity, that their own way of life, their daily comings and<br />

goings, are completely reliant upon a functioning highway<br />

system and people who drive trucks, then you’re going to be<br />

pushing the same boulder up the same hill all your life.”<br />

Job Two is to prosper as a result. Somewhere<br />

down the list, I call it three, is make<br />

sure you don’t kill anybody and make sure<br />

you don’t get hurt in the process. But if you<br />

put safety above all those things, now you’ve<br />

got to answer some questions for me, like<br />

hey why are you driving a truck in the first<br />

place? Why aren’t you driving that truck at<br />

five miles an hour? And why isn’t that truck<br />

made of rubber? And why aren’t all the other<br />

cars on the road wrapped in bubble pack?<br />

And for that matter, why isn’t the road made<br />

of some spongy material?’ And you could just<br />

go down the list. If safety is truly the most<br />

important thing, then what the hell are we<br />

doing as a species, as a country, as a free<br />

people? Safety can’t be first. It can’t be first.<br />

It’s got to be always, it’s got to be everywhere,<br />

but it can’t be the reason we do anything.<br />

Otherwise, what’s the point?”<br />

He expressed that he believes the “safety<br />

first” culture is derived from the best of intentions,<br />

but could be better accomplished<br />

another way. “My belief is that it’s a certain<br />

belief held by very responsible executives<br />

but it’s also insurance companies, actuaries<br />

and a whole lot of advertising HR and PR. It’s<br />

warm milk. And the sad truth is if you really<br />

believe somebody cares more for your wellbeing<br />

than you, then you’re in trouble. Just<br />

because you’re in compliance<br />

doesn’t mean you’re out of<br />

danger.”<br />

In 2014 Mike set out<br />

on a new adventure with<br />

a new show, “Somebody’s<br />

Gotta Do It,” which currently<br />

airs on CNN (check<br />

your listings). This show<br />

features many of the<br />

people who he met during<br />

the years of filming “Dirty<br />

Jobs.” Many of their stories<br />

never made it to air and he decided<br />

he wanted to go back and explore<br />

those stories. He is proud of the work<br />

he and his foundation are doing. He is also<br />

an admirer of truckers. He told me, “Like<br />

so many people who I met on ‘Dirty Jobs,’<br />

truckers are in on the joke. They get it. They<br />

know that their profession is one of a few<br />

that supports what I call the ‘It’s a Wonderful<br />

Life’ theory. I know that if you take the<br />

plumbers and the electricians and the construction<br />

workers out of the mix we’re about<br />

two or three days from a general riot. I know<br />

the same is true of truck drivers. Without<br />

them, we are all truly screwed.”<br />

Indeed Mike. Indeed.<br />

TCA <strong>2015</strong>-<strong>16</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 23


WINTER | TCA <strong>2015</strong>-<strong>16</strong><br />

Tracking The Trends<br />

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Part II<br />

By Dorothy Cox<br />

It was a supposedly fool-proof cheating plan worthy of a fifth- or sixth-grader. A<br />

“coded pencil” with a series of dots and dashes reflected the correct true or false answers<br />

to an audio version of CDL exams given at various DMVs in Queens, Long<br />

Island and Manhattan, New York.<br />

Scammers also used a Bluetooth headset to relay CDL test answers as well so that<br />

people obtaining a CDL had little to no idea what was involved in driving a heavy-duty<br />

truck or bus.<br />

DMV security guards (who were paid $1,500 to $2,500 for their assistance) allowed<br />

CDL test-takers to leave the room where the CDL written tests were being administered,<br />

receive the correct answers and re-enter the room and turn in their completed test.<br />

On September 26, 2013, Loretta Lynch, U.S. Attorney for the Eastern District of<br />

New York, in announcing the scam and the arrests of 11 individuals, said the U.S. Attorney’s<br />

Office was committed to “aggressively prosecute and investigate those who<br />

compromise the public safety on our roads.”<br />

The maximum penalty was 20 years and fines of up to $250,000, the Office stated.<br />

New York Inspector General Catherine Leahy Scott added that the investigation<br />

“ … uncovered numerous people who paid others thousands of dollars for answers to<br />

a test they could not answer without cheating, a scheme which undermined the system<br />

designed to ensure the security of our roads and communities … .”<br />

Two of the 11 persons who pleaded guilty in the scam, Ying Wai Phillip Ng and his<br />

wife Pui Kuen Ng, agreed to a forfeiture of $125,000 in cash, forfeiture of $50,645 in<br />

seized bank funds and a 2004 Toyota Sienna used during the crime. The Ngs helped<br />

provide answers to the CDL test-takers estimated to number approximately 500 at approximately<br />

five New York State Department of Motor Vehicles test centers in the New<br />

York area between 2001 and 2012, the U.S. Department of Transportation Inspector<br />

General’s Office reported.<br />

However, despite the cash and car they had to fork over, the Ngs got what may seem<br />

to many like a slap on the hand. Phillip Ng was only sentenced to 100 hours of community<br />

service, on May 13, <strong>2015</strong>. And although Phillip Ng and his wife both pleaded<br />

guilty to conspiracy to unlawfully producing identification documents, Mrs. Ng was<br />

apparently was not given any community service time.<br />

The Ngs owned a commercial driving school, N&Y Professional Service Line in<br />

Brooklyn, New York, and according to the OIG, many of the driving school’s customers<br />

did not speak or write in English. “The school routinely provided certain customers with<br />

covert camera equipment prior to taking the CDL exam, which was viewed remotely.<br />

This enabled the defendants to provide the test answers to the customers through a prearranged<br />

pager mechanism,” stated the OIG.<br />

The investigation also revealed that the school’s customers paid anywhere from<br />

$1,800 to $2,500 in return for the test answers.<br />

More recently of course, California was the site of a similar CDL scam where hundreds<br />

of people paid up to $5,000 to obtain CDLs without having to take written or road<br />

tests, with Homeland Security Acting Assistant Special Agent Carol Webster saying<br />

that turning these people out on the roads behind steering wheels of big rigs was “quite<br />

chilling.”<br />

As documented in Part I of this two-part series on CDL scams, more than 600<br />

CDLs were suspended in connection with the California scam and up to 23 crashes<br />

were tied to it, although Lauren Horwood, public information officer for the<br />

U.S. Attorney General’s Office of the Eastern District of California, told <strong>Truckload</strong><br />

<strong>Authority</strong> that no fatalities resulted and that these accidents were “possibly”<br />

tied to the scam, not definitely.<br />

She added that it hasn’t been determined if any of the truck drivers were at fault<br />

in any of the accidents while the Sacramento Bee reported that Frank Alvarez, chief<br />

of the DMV’s investigative division said that the DMV so far has found 23 accidents<br />

involving drivers whose licenses have been revoked or cancelled as “suspicious.” He<br />

reiterated that there were no fatalities involved.<br />

A CBS TV affiliate station in Sacramento sent reporters to where one of the involved<br />

CDL schools was located and all they found was “an empty field.”<br />

Of the four persons indicted for their role in that scheme, two, DMV employee<br />

Emma Klem, 45, and Turlock, California, trucking school owner Kulwinder Disanijh<br />

Singh, 58, pleaded guilty to the charges of bribery and identity fraud. Singh paid Klem<br />

to issue his students CDLs despite the fact that they didn’t take the required tests. Two<br />

other DMV employees also were paid to enter fraudulent test results into the DMV<br />

computer system.<br />

Horwood said the sentencing for Klem and Singh had been rescheduled from November<br />

to February and that the other four were scheduled to be in court for a status<br />

conference on December 8. The rest of the defendants will either plead guilty at some<br />

point, or will go to trial; at this point it’s not known which, said Horwood.<br />

Others named by the U.S. Attorney’s office were Andrew Kimura, a DMV licensing<br />

registration examiner in Sacramento; Pavitar Dosangh Singh, 55, a Sacramento truck<br />

school owner and broker; Mangal Gill, 55, a truck driving school owner and broker; and<br />

Robert Turchin, 65, a DMV examiner in Salinas, California.<br />

Indeed, FMCSA has had its hands full with trying to put out CDL scam fires that<br />

have ignited over the years, with the General Accounting Office noting in a recent report<br />

that the agency’s oversight policies of state DMVs were unclear and inconsistent.<br />

FMCSA hopes to get a better handle on the problem by tightening up on entry-level<br />

driver training in a forth-coming rule.<br />

When asked whether the GAO believes FMCSA’s entry-level driver training mandate<br />

will help weed out CDL mills or if better policies and procedures will do the trick,<br />

GAO’s Susan Fleming said: “We did not evaluate whether entry-level driver training<br />

requirements would decrease the risk of fraudulent activity related to CDLs.” What they<br />

did find, she said, was that “better policies and procedures are needed for FMCSA to<br />

provide reasonable assurance that its oversight efforts are conducted according to FMC-<br />

SA’s intentions. Specifically, we recommended that FMCSA clarify its oversight policy<br />

and improve its information system for tracking oversight activities so management has<br />

a better tool to understand FMCSA’s oversight activities.”<br />

“This shortcoming is due to several factors, such as FMCSA having an unclear oversight<br />

policy that was not consistently understood by field staff and the difficulty for<br />

FMCSA staff in states with third-party testers to have access to testing schedules so<br />

they could conduct monitoring,” said Fleming, who is director in GAO’s physical infrastructure<br />

team.<br />

FMCSA has been trying to come up with an entry-level driver training mandate since<br />

1976, when the Federal Highway Administration issued an Advanced Notice of Proposed<br />

24 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>-<strong>16</strong>


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Rulemaking on “recommended practices” to improve training for commercial drivers. But<br />

training behind the wheel was largely overlooked until 2005, when the U.S. Court of Appeals<br />

for the District of Columbia Circuit decided that regulations for minimum entry-level<br />

driver training were inadequate because they didn’t require any on-road training and required<br />

classroom education in only four areas: medical qualification and drug and alcohol<br />

testing; Hours of Service rules; wellness; and whistleblower protection.<br />

In 2007 FMCSA published a proposed rule to make revisions and specify minimum<br />

classroom and behind-the-wheel training for accredited programs and in 2012 President<br />

Barack Obama signed into law a two-year highway bill known as MAP-21, or Moving<br />

Ahead for Progress in the 21st Century requiring the secretary of transportation to issue<br />

final regulations “ . . . establishing minimum entry-level training requirements for<br />

an individual operating a commercial vehicle” and in 2013 FMCSA withdrew its 2007<br />

proposed rule, calling it “inappropriate” at that time.<br />

This past October 15 the FMCSA was to publish a Notice of Proposed Rulemaking<br />

on mandatory training for entry-level drivers. The deadline has come and gone but is<br />

expected at the end of this year or sometime in 20<strong>16</strong>.<br />

It would require that a CDL applicant not<br />

only complete classroom and behind-thewheel<br />

training, but training would have to<br />

come from a provider listed on a national registry,<br />

much like the national registry of health<br />

professionals certified to give truckers their<br />

health exams. The NPRM will be followed<br />

by an approximately three-month comment<br />

period.<br />

In the meantime there have been no standards,<br />

and commercial driver training programs<br />

have ranged from “robust” to “fair” to “zero,”<br />

according to various trucking stakeholders.<br />

Even the best schools haven’t been turning<br />

out accomplished drivers 100 percent of<br />

the time, noted Scott Grenerth, a member of<br />

the 26-member Entry-Level Driver Training<br />

Advisory Committee (ELDTAC) which in<br />

June handed over 106 pages worth of recommendations<br />

to FMCSA on a core curriculum<br />

including but not limited to: behind-the-wheel instruction and hands-on training; theory<br />

and/or knowledge instruction; driver refresher training; how to perform vehicle inspections;<br />

function and use of controls, mirrors and other equipment; parking and docking;<br />

potential safety problems on the road; hazmat endorsement; HOS and electronic logging<br />

devices.<br />

Basically, it contains a “core curriculum” for Class A and B training programs divided<br />

into two categories, a) theory and b) behind-the-wheel segments, with behind-thewheel<br />

training taking place on a “range,” or any protected area not involving a public<br />

road, as well as on-road training. Behind-the-wheel instruction comprises a minimum<br />

of 30 hours behind the wheel with a minimum of 10 hours on a range, 10 hours on the<br />

road or 10 road trips of no less than 50 minutes each, and a 50-minute training session.<br />

In addition, all driver training facilities must comply with federal, state and local statutes<br />

and regulations and all training vehicles must be in “safe mechanical condition.”<br />

There are separate guidelines for small business facilities that train three or fewer<br />

students a year and ones that turn out three or more a year, with the small business<br />

requirements included to cover situations where family members are trained by CDLholding<br />

relatives, noted Grenerth, director of regulatory affairs for the Owner-Operator<br />

Independent Drivers Association.<br />

“Every school I’ve talked to has waited on this for a number of years as far back as I<br />

can remember,” commented TCA Director of Safety and Policy Dave Heller, while Don<br />

Lefeve, president and CEO of the Commercial Vehicle Training Association (CVTA),<br />

praised ELDTAC’s recommendations.<br />

“CVTA believes that the ELDTAC’s consensus recommendation, when adopted, will<br />

strike the right balance because it focuses on the right set of skills needed to be a safe<br />

driver, focuses on the actual performance of each driver, and ensures accountability by<br />

giving FMCSA the power to restrict students from substandard programs and from taking<br />

the CDL exam if their program has not been reviewed and approved by FMCSA,”<br />

Lefeve said.<br />

“The ELDTAC recommendation also recognizes the important role that CVTA<br />

and other industry leading organizations play in the current training process. The<br />

recommendations will help the FMCSA vet and quickly approve those programs<br />

which are members of such organizations and have voluntarily agreed to quality<br />

training.”<br />

“Going forward,” he added, “FMCSA can focus on other programs and whether<br />

they are demonstrating a commitment to quality training. We applaud the ELDTAC’s<br />

outcome and look forward to working with partners across CVTA and the industry to<br />

“CVTA believes that the ELDTAC’s consensus<br />

recommendation, when adopted, will strike<br />

the right balance because it focuses on the right<br />

set of skills needed to be a safe driver, focuses<br />

on the actual performance of each driver, and<br />

ensures accountability by giving FMCSA the<br />

power to restrict students from substandard<br />

programs and from taking the CDL exam if<br />

their program has not been reviewed<br />

and approved by FMCSA.”<br />

ensure that we build on this consensus and move the truck driving profession and safety<br />

forward in a positive way.”<br />

It is hoped by stakeholders that FMCSA will use the recommendations as the basis of<br />

its final rule or as Heller put it, “the foundation” of the rulemaking.<br />

And it’s anticipated that the rule will, in turn, weed out so-called “CDL mills” and<br />

fly-by-night training companies that are just out to make a buck.<br />

“You would like to think it will catch most [CDL mills] through its filter,”<br />

Werner Enterprises General Counsel Jim Mullen said of the upcoming<br />

rule. But he added that smart crooks will try to find a way around whatever<br />

regulations are in play. With “criminals that are bright and bent on making<br />

a buck,” he said, “I don’t know if they’ll ever prevent it [CDL scams] entirely.”<br />

What are the legal ramifications when a carrier or owner-operator takes on a driver with<br />

a fraudulent CDL, especially if the driver in question causes an accident?<br />

If the employer had complied with background check requirements on the driver by<br />

pulling an MVR and contacting previous employers “then I think they can shield themselves<br />

from liability” in hiring the person, said Jim Klepper, an attorney and president<br />

of Interstate Trucker, which defends truckers<br />

on legal matters.<br />

In the case of an accident, the driver<br />

“would definitely be liable,” he added, “but<br />

I think the company would only be liable<br />

if the driver was an employee/agent of the<br />

company and operating in the scope and<br />

course of business.<br />

“If the driver was an owner-operator and<br />

treated as an independent contractor or not<br />

working for the company at the time [driving<br />

for personal business], I think it would<br />

be more difficult to assign liability to the<br />

company.”<br />

After all, he noted, an accident may have<br />

nothing to do with the driver having a fraudulent<br />

CDL, and damaged freight resulting<br />

from a situation would be covered already<br />

in any claim filed against the carrier by the<br />

shipper.<br />

He said a plaintiff would have a “very hard time showing negligent hiring based just<br />

upon a fraudulent CDL when the state is telling people the CDL is valid.”<br />

And what would the likely punishment be?<br />

Klem and Singh face a maximum statutory penalty of five years in prison and a<br />

$250,000 fine, said Horwood, adding that “there is no mandatory minimum sentence<br />

for the charges and no parole in the federal system, so a defendant will serve at least 85<br />

percent of any sentence.”<br />

She said nothing had come out in the investigation or in court hearings as to how<br />

prospective truck drivers obtained the money to pay for fraudulent CDLs. It had been<br />

speculated in other such scams that families of the drivers in question banded together<br />

to raise the money but that theory hasn’t been substantiated.<br />

According to Klepper, assuming the driver violated a law such as speeding, or failing<br />

to yield etc. and there were no causes of action against the carrier such as defective<br />

equipment or forcing the driver to drive over his or her hours, the driver is liable but the<br />

company could also be sued, adding that “it happens every day to legal CDL holders.”<br />

And if there’s a death or injuries, who pays for the pain and suffering? “The driver or<br />

the insurance [company] would pay” in that case, he said.<br />

Obviously, CDLs and the training involved to obtain them are of utmost importance<br />

to the trucking industry.<br />

Curt Valkovic, director of driver training at Maverick in Little Rock, Arkansas, in a<br />

posting on the CVTA website, said that in fact, the future of the industry depends on<br />

the CDL.<br />

“From a carrier’s perspective,” he wrote, “we have an expectation that the schools<br />

are responsible to provide us CDL holders who have attained a certain competency<br />

level in all areas of driving, lifestyle and truck management skills (TMS). We anticipate<br />

being able to move forward with the ‘finishing’ process, and not regress back to these<br />

basic principles.<br />

“With that being said, I would like to share a few statistics to aid in communicating<br />

some of the areas in which we are finding deficiencies: 30 out of 381, or about 8<br />

percent, had to completely repeat our entire TMS program. This includes map reading,<br />

trip planning, logging and time management/truck utilization skills; 10 percent needed<br />

extra mapping help; 68 percent needed extra logging assistance; and 5 percent needed<br />

additional truck management help.”<br />

He noted that adding more classroom time “to teach basic principles has increased<br />

the student’s time away from home. This has created turnover and increased cost for the<br />

carriers, not to mention losing potential drivers from this career altogether.”<br />

26 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>-<strong>16</strong>


By Lyndon Finney<br />

For the third time in the past four years, it was alphabet soup atop the American<br />

Transportation Research Institute’s Critical Issues in the Trucking Industry survey<br />

released this past October.<br />

The annual survey includes both motor carrier executives and professional<br />

truck drivers.<br />

HOS (Hours of Service) has been the top concern for the past three years after<br />

ranking second four years ago.<br />

CSA (Compliance, Safety, Accountability) was No. 2 in <strong>2015</strong> and 2013 and<br />

No. 1 in 2012.<br />

Only the driver shortage in 2014 kept HOS and CSA from being in the top two<br />

for four consecutive years.<br />

“I was a bit surprised to see Hours of Service on top because there is so much<br />

in the press about the driver shortage,” said Rebecca Brewster, president and chief<br />

operating officer of the American Transportation Research Institute (ATRI). “This<br />

indicates several things. First, there is still so much concern about what the final<br />

outcome will be of all the things surrounding Hours of Service. Will we see the<br />

suspension of the 34-hour restart be permanent, or will the [34-hour restart] study<br />

come out and say the suspended rule really does create safety benefits and we are<br />

going to go back to those more restrictive 34-hour restart provisions? So I think<br />

the uncertainly of the HOS issues kept that one on top.”<br />

As for CSA regaining the No. 2 position, Brewster sees growing frustration on<br />

the part of the industry about the various issues surrounding CSA, whether it’s the<br />

disconnect between BASIC scores and crash risk or the lack of some type of crash<br />

accountability when calculating CSA scores.<br />

“There is a collective discontent that is growing on the part of the industry<br />

in terms of how CSA is being used and the challenges inherit in it that are not<br />

currently being addressed by the Federal Motor Carrier Safety Administration,”<br />

Brewster said. “I think the crash accountability issue is a big one.”<br />

Based on the survey results, each issue is assigned an “industry concern index.”<br />

While the final top 10 list is created from the collective answers of both motor<br />

carrier executives and professional truck drivers, the two groups differed on their<br />

top five concerns.<br />

Motor carrier executives listed the driver shortage as the top concern, followed<br />

by driver retention, Hours of Service, CSA and transportation infrastructure/congestion/funding.<br />

Professional drivers listed HOS as their top concern, followed by truck parking,<br />

CSA, the ELD mandate and driver retention.<br />

Brewster said if the HOS issues are resolved before the next survey is taken<br />

in August and September of 20<strong>16</strong>, truck parking could replace HOS as the No. 1<br />

concern when responses from both groups are combined.<br />

Brewster noted that while the ELD issue has been getting a lot of attention with<br />

the Final Rule being published this year, the concern ranked No. 6, down from<br />

No. 5 in 2014.<br />

“Some of that may be drivers saying ‘we know it’s coming; we can’t change<br />

the path of that,’” Brewster said. “More and more fleets and drivers are using<br />

electronic logs now so there is a familiarity with it and there’s an acceptance of it<br />

because it’s happening.”<br />

The survey not only lays out the concerns, but respondents can vote on strategies<br />

to solve each issue.<br />

For HOS, the top strategy was for the industry to advocate for continued suspension<br />

of the restart provision implemented July 1, 2013, until accurate, repro-<br />

TCA <strong>2015</strong>-<strong>16</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 27


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1 HOS, 100<br />

2<br />

3<br />

4<br />

5<br />

6<br />

7<br />

Top 10 Concerns<br />

CSA, 91.6<br />

Driver<br />

shortage, 91.6<br />

Driver<br />

retention, 71.1<br />

Truck<br />

parking, 61<br />

Electronic logging<br />

devices (ELDs), 55.4<br />

Driver health/<br />

wellness, 39.5<br />

8 The economy,<br />

37.8<br />

9 Transportation/<br />

Infastructure/<br />

funding, 37.8<br />

10 Driver<br />

distraction, 32.9<br />

ducible safety and economic impacts are documented. In this<br />

year’s survey, 47.8 percent of respondents said they would<br />

like to see the continued suspension of the restart provisions<br />

until the direct economic and safety impacts of the rules are<br />

properly quantified.<br />

The second strategy was to research and quantify the true<br />

safety and economic impacts of customer detention on truck<br />

drivers and trucking operations.<br />

The third was to push for increased flexibility in the current<br />

sleeper berth provision. The FMCSA has announced<br />

its plans to conduct a pilot program to study more flexible<br />

sleeper berth options.<br />

The top strategy to overcome concerns about CSA is to<br />

continue to push for a crash accountability determination<br />

process that removes non-preventable crashes from carriers’<br />

scores. Brewster said ATRI will soon release its analysis of<br />

the impact of removing five specific crash types from the<br />

Crash Indicator BASIC calculation, focusing on five types<br />

of accidents where the driver or carrier clearly and conservatively<br />

could not have prevented the crash including:<br />

• Being hit by another driver who was under the influence<br />

of drugs or alcohol<br />

• Another driver running a stop sign or light and hitting<br />

the truck<br />

• Being hit while legally parked<br />

• Collisions with an animal in the roadway, and<br />

• Collisions involving a pedestrian attempting to commit<br />

suicide by truck.<br />

The survey also suggests advocating for FMCSA to remove<br />

from public view percentile scores in all BASICs until<br />

they are strongly predictive of individual carrier crash risk,<br />

and leveraging Inspector General and Government Accountability<br />

Office study findings to advocate for improvements<br />

in data collection and CSA formula development. Indeed, the<br />

scores were removed December 4 as required by the Fixing<br />

America’s Surface Transportation Act.<br />

As for the No. 3 driver shortage, the survey suggests the<br />

industry work with state and federal authorities to consider a<br />

graduated CDL program to safely attract new and younger drivers,<br />

research and quantify successful recruitment strategies for<br />

commercial drivers, and work with the Department of Labor to<br />

formalize a national truck driver recruitment program.<br />

Brewster pointed out that the driver shortage had dropped<br />

off the drivers’ list of concerns.<br />

“That fact is interesting because last year it was on the<br />

drivers’ side and we attributed that to a recognition that this<br />

issue is starting to impact everyone,” she said. “This year it<br />

may just be the pain of the issues at the time that the drivers<br />

were responding.<br />

“But what’s interesting is we saw driver retention show<br />

up on the driver side as well in the No. 5 spot and so there<br />

is a collective understanding that we need to figure out how<br />

we keep the best of the best among us and keep those folks<br />

employed in a way that provides a good living for them and<br />

keeps them happy and healthy so that we can see some reduction<br />

in the churning that exists out there now.”<br />

To combat the driver retention issue, the survey respondents<br />

recommended identifying and publishing carrier best<br />

practices that improve work/life balance, healthy lifestyles,<br />

and family relationships for drivers; researching the relationship<br />

between driver compensation models and driver productivity;<br />

and studying the effectiveness of carrier retention<br />

programs that financially incentivize drivers to perform in<br />

the areas of safety and fuel economy.<br />

As for truck parking, the strategies include supporting and<br />

encouraging investment in new truck parking facilities; educating<br />

the public sector on the safety consequences resulting<br />

from closing public parking facilities; and researching the<br />

role and value of real-time truck parking information availability<br />

and truck parking reservation systems.<br />

The <strong>Truckload</strong> Carriers Association has encouraged its<br />

membership to become involved in helping bring to life the<br />

strategies set forth by executives and drivers to help the top<br />

concerns become non-concerns.<br />

To obtain a copy of the entire survey, go to<br />

atri-online.com.<br />

28 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>-<strong>16</strong>


<strong>Truckload</strong> trends crucial to you and your business @ DAT.com<br />

In partnership with<br />

20<strong>16</strong>: The Yin and Yang of <strong>Truckload</strong> Supply and Demand<br />

It’s the time of year when we look to<br />

the past 12 months to see what’s in store<br />

for the next 12. In 20<strong>16</strong> dynamic contract<br />

rate benchmarking tools for both carriers<br />

and shippers will add another dimension<br />

of transparency to ongoing business<br />

relationships.<br />

Until recently, reporting on contract rates<br />

lagged a minimum of 90 days and often<br />

stretched to six months with competitive<br />

analysis. But DAT’s new RateView for Carriers<br />

enables carriers to see their rates pegged<br />

against the competition’s for specific shippers<br />

as well as the market in general (See figure<br />

below). Carriers and shippers can get daily<br />

updates by equipment type by lane, key market<br />

area, region, etc., on a 30-day look-back as well<br />

as whatever reporting period the carrier or the<br />

shipper wants to look at for up to one year.<br />

By Ken Harper, Marketing Director, DAT Solutions<br />

Tools like these may make RFPs and similar<br />

bid events obsolete, since shippers can see<br />

where they are paying above or below marketrate<br />

for capacity and can use that information<br />

to dynamically manage their routing guide (i.e.,<br />

which carriers tendered freight first and at what<br />

rate).<br />

Likewise, carriers can see where their rates<br />

stack up on a given lane and/or key market area,<br />

and whether they should adjust up or down,<br />

depending on demand.<br />

We know that shippers learned from the<br />

“Perfect Storm” of 2014 (aka “The Polar Vortex)<br />

that essentially froze trucks in place and made it<br />

next-to-impossible for shippers to get their goods<br />

delivered without paying a premium either to<br />

their contracted carriers or on-the-spot market.<br />

Consequently, in <strong>2015</strong> they were willing to pay<br />

their contracted carriers a premium to guarantee<br />

capacity to avoid any possible repeats of 2014.<br />

And it worked: Freight that might otherwise<br />

have flowed to the spot market remained with<br />

contract carriers.<br />

But the weather in <strong>2015</strong> has been relatively<br />

mild and capacity has been looser than it has<br />

been for years. The increased capacity has several<br />

reasons: for one, larger carriers increased driver<br />

pay and benefits to retain incumbent drivers as<br />

well as attract seasoned drivers from smaller<br />

carriers or independents.<br />

Likewise, the record rates driven by the<br />

record volume of “exception freight” (freight<br />

not covered by contract) accompanied by low<br />

fuel prices spurred many company or leasedon<br />

drivers to get their authority and a truck and<br />

trailer and become owner-operators.<br />

But <strong>2015</strong> hasn’t looked at all like any of the<br />

past three years, as we can see from these “hot<br />

market maps” captured in September. This is<br />

normally a time when truckload freight’s “second<br />

season” (aka holiday freight) kicks off — but not<br />

in <strong>2015</strong> (see chart to the left). This may have<br />

had to do with shippers changing their import<br />

strategies from Asia, building up inventory and<br />

then working it down to match demand. Or it<br />

may have had to do with the increasing role of<br />

e-commerce in transforming holiday freight.<br />

Although the first two-thirds of <strong>2015</strong> saw strong freight, capacity<br />

was readily available and rates on the spot market suffered. Since<br />

the spot market is typically a reliable indicator of what follows on<br />

the contract market, we might expect contract rates to decline and,<br />

indeed, they have (see rate graph at right).<br />

Which brings us back to: What can we expect in 20<strong>16</strong> in terms of the<br />

significant rate increases shippers paid in <strong>2015</strong> to avoid a repeat of the<br />

previous year? The pragmatists believe carriers and shippers will settle on<br />

a 2.0 percent to 2.5 percent increase, offset by adjustments in the fuel<br />

surcharge as fuel prices are significantly down from previous years and are<br />

expected to stay that way. But don’t be surprised if contract rates aren’t<br />

adjusted throughout the year as the result of greater rate transparency.<br />

You can keep up with 30-day national and regional trends in<br />

contract rates by equipment type by subscribing to DAT Trendlines,<br />

which is free at DAT.com. And have a happy, prosperous<br />

New Year!<br />

TCA <strong>2015</strong>-<strong>16</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 29


WINTER | TCA <strong>2015</strong>-<strong>16</strong><br />

A Chat With The Chairman<br />

Christmas Came Early<br />

Foreword and interview by Micah Jackson<br />

Christmas came early this year, at least it did for Chairman Keith Tuttle. You see he<br />

led the assembling of the task force and then oversaw the nomination of John Lyboldt to<br />

be the next president of TCA. Mr. Lyboldt was approved and Chairman Tuttle was thrilled.<br />

With a confident grin across his face he proudly predicted to me “John is going to be<br />

a game changer for TCA.” Then, before the neighborhood carolers could even begin<br />

humming “We Wish You a Merry Christmas,” Congress passed a $305 billion piece of<br />

infrastructure funding legislation (FAST Act) to seriously begin addressing the challenges<br />

their dereliction of duty has wrought on our interstate system. Is it the perfect stocking<br />

stuffer? Probably not, but it’s at least a start. For those like Keith Tuttle who have been<br />

in the fight for years on this issue, it is a moment to be thankful. It’s undeniable from<br />

our recent “Chat,” that for Chairman Tuttle, Christmas came early this year.<br />

Thanks, Mr. Chairman, for joining us for our fifth chat. How are you doing, sir?<br />

Doing great. Things are great at TCA and we are looking forward to John Lyboldt taking over as our president.<br />

TCA did in fact announce the naming of John Lyboldt as its new president, and you chaired the task force that<br />

recommended Mr. Lyboldt. Tell <strong>Truckload</strong> <strong>Authority</strong> readers why Mr. Lyboldt was the right person for the job.<br />

Well, No. 1, I want to tell our readers the association is blessed to have a great search committee, one that brought tremendous<br />

credibility to the process. As for John Lyboldt, John has had a great record of success leading organizations and I’m a firm believer<br />

that past success is a great predictor of future success. John will bring vision and will absolutely enhance the membership experience<br />

and will be a great leader for TCA. John’s exact statement is “we will create an unrivaled membership experience” and he did a great<br />

job in the interview. Everybody I’ve talked to and has known and worked with John Lyboldt has said pretty much the same thing: He<br />

brings tremendous integrity, he brings great vision and really gets the word “leadership.”<br />

Was the committee unanimous?<br />

The committee was unanimous. We had some extremely good resumés. We had 75 great resumés and over a couple of weeks<br />

we trimmed that down to 10. We met seven of our applicants in Nashville, Tennessee, and spent three solid days as a team and<br />

two days interviewing those applicants. We had three or four of them that absolutely stood out, then we got it down to two<br />

applicants and John was recommended out of those two and was unanimously recommended to lead our association.


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Having just been through the hiring process for the president<br />

position, was there anything different about this time as opposed to<br />

last time?<br />

I will tell you we brought in some different people to serve on the selection<br />

committee. Those who were on the committee — Mike Eggleton, Tommy<br />

Hodges, Robert Low, Dan Doran, Shepard Dunn, Russell Stubbs and myself<br />

— we knew that our mission, our charge was to interview and recommend<br />

the absolute best person for the job and that’s what we did. I asked a number<br />

of people, all of them willing to do the heavy lifting in terms of hours and<br />

hours on the phone, and hours reviewing resumes down to the seven to 10<br />

we finalized on and then the seven we asked to come to Nashville.<br />

Big news coming out of Washington. Congress has passed a fiveyear,<br />

$305 billion funding bill known as Fixing America’s Surface<br />

Transportation Act. The funding does however fall short of the<br />

stated goal of $400 billion over six years. Obviously, that’s better<br />

than just patching with an extension. But do you think this level of<br />

funding will be sufficient over the next five years and would you<br />

like to see a viable long-term funding solution?<br />

We certainly applaud Congress for their efforts of getting a multi-year<br />

highway bill passed. We’ve had so many patches in the last couple of<br />

years and especially the time when many people believed we would not<br />

have one until after the presidential election because right now we have<br />

a lot of people just fighting for their jobs. We didn’t think we’d get serious<br />

legislation passed, to tell you the truth. I believe the bill is a great<br />

start. It’s an excellent beginning to what everyone knows is a monumental<br />

task that has been placed before the leaders. The sufficiency issue you<br />

are talking about — as an organization we don’t know if that’s enough,<br />

but what we do know is we need to think about sustainability. Five years<br />

from now we’ll already know the amount of money this country has to<br />

make necessary road improvements will not be enough. We’re not adding<br />

lanes, we’re patch-working different things. When President Dwight<br />

Eisenhower put this thing together in the middle ’50s it was the premiere<br />

highway system in the world; now it’s truly lost its luster. America’s civil<br />

engineers have graded our roads with a “D” and quite frankly we should<br />

expect more from our country than that and sustainable long-term funding<br />

is what we need to bring that grade up from a “D.” Our leaders still<br />

need to address the fuel tax and/or discover a way that truly finances the<br />

Highway Trust Fund so that this nation’s infrastructure can make a leap<br />

and grade out to a “B+” or an “A-“ or an “A” level. Sure, we’re happy with<br />

what Congress has passed but it’s got to be long-term and it’s got to be<br />

sustainable, Micah.<br />

The FAST Act also included a host of other meaningful provisions<br />

for the trucking industry. Let’s dig into a few of them now.<br />

Most notably it provides for the removal of certain CSA scores<br />

pertaining to carriers and no-fault accidents. Do you see this as a<br />

significant victory?<br />

I’ve thought about this a lot and in fact David Heller and I have worked<br />

on this together. We don’t see this as a so-called victory. It’s a necessary<br />

step toward providing our industry with a Safety Measurement System<br />

that truly measures safety. A victory might suggest we are at odds with<br />

the Federal Motor Carrier Safety Administration, that we are adversaries.<br />

And really in most cases we are not adversaries, we’re working together<br />

on a lot of things. The reality is that the agency and the trucking industry<br />

need to be viewed as partners that share the same goals and that’s finding<br />

a way to safely transport freight. So working together should be our<br />

priority. And I’ve said this from the start of my term and I’m sure that<br />

future TCA chairmen will say that as well as the guys in the past: It’s the<br />

bad apples in our industry who’ve created a need for CSA in the first place<br />

and as a motor carrier and an industry we should not be ashamed of our<br />

safety records. And I know that the TCA and its members work hard every<br />

day to improve on that. So that being said, the Congressional action that<br />

removes BASIC scores from the public eye is a necessary evil to develop<br />

a truly accurate score, which is what we’ve been insisting on since CSA<br />

was first implemented.<br />

It also provides for the increased use of hair testing in lieu of urine<br />

testing. Should trucking companies and the trucking industry as a<br />

whole embrace hair testing in lieu of urine testing?<br />

Well, there are a lot of companies that asked for this. Study after study<br />

shows that the rate for hair testing versus urine testing does weed out<br />

applicants. It’s a long-term measurement instead of a week or two; it<br />

will track drugs in the system for a much longer period. So yes, we are in<br />

favor of that. I don’t think we favor hair testing instead of urine testing,<br />

but for those companies that want to do that, we think that it’s good that’s<br />

included in the current legislation.<br />

The bill also sets up a study on possibly raising the liability minimums<br />

for carriers. Some proposals have been raising liability up to over<br />

four million dollars. Again, state TCA’s position and your position<br />

with regard to the impacts of such an increase in liability minimums.<br />

Well, we have vetted this a number of times and it’s the position of the<br />

TCA to let the market dictate this. We have a number of smaller members<br />

and medium–size members that say no. Levels of up to four million dollars<br />

in liability insurance? In a lot of cases that just means the attorneys are<br />

going to be making more, and we think raising the liability rates to those<br />

limits are not feasible for most of our carrier members.<br />

The twin-33 debate has been one of the most contentious and hottest<br />

debates we’ve seen in trucking in quite some time, The TCA Highway<br />

Policy Committee voted to oppose this provision back when it<br />

met in Philadelphia for the ATAMCE. Why did the highway policy<br />

committee take the position that it took?<br />

It’s pretty simple. As I’ve stated in our chats in the past, TCA bylaws<br />

call for a committee process and the committee that met in Florida last<br />

year, we voted to table the issue and wait for our next meeting, which is<br />

just exactly what we did. The issue was vetted in Philadelphia. We had a<br />

spirited discussion and those committee members that were there, after<br />

much vetting, after much discussion, decided to change our position and<br />

oppose 33-foot trailers. I applaud the committee. With that said, I would<br />

be remiss if I did not point out the fact that our association and highway<br />

policy committee said that right now we differ with ATA on the 33-foot<br />

trailer issue. And I would be remiss if I did not bring up the fact that there<br />

are many great things that Congress has done in this last highway bill that<br />

will help our industry tremendously. It looks like we’re going to continue<br />

to get relief on Hours of Service, the hair testing, relief on CSA scores …<br />

I mean lots of victories in this last highway bill. Yes, we have a difference<br />

of opinion on 33-footers but I’m going to tell you that we’ve had a lot of<br />

great things come out of this last highway bill, a lot of victories. All these<br />

victories are due in large to the great work of those at the American Trucking<br />

Associations.<br />

32 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>-<strong>16</strong>


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TCA and those opposed to such an action with twin 33s did in fact<br />

win a victory when it was stripped from the THUD appropriation,<br />

legislation that would have paved the way for the implementation<br />

of the twin 33s. However, our sources indicate the issue is far from<br />

over and there is a push by some powerful voices to actually slide<br />

it back into the legislation as it’s in conference committee between<br />

the House and the Senate. What TCA efforts are ongoing with<br />

regard to this issue?<br />

Dave Heller, Jim Towery and the members of our Highway Policy Committee<br />

are tracking this issue on a daily, if not an hourly basis, and we are<br />

staying up-to-date on everything that’s going on with this legislation and<br />

other legislation. I’m glad Dave’s on our side.<br />

TCA is launching a brand new health and wellness program with<br />

Rolling Strong, which readers can read more about in Small Talk<br />

in this issue of <strong>Truckload</strong> <strong>Authority</strong>. Tell us about the benefits of this<br />

new initiative.<br />

Well, I will tell you that Robert Low started the ball rolling on this thing<br />

a couple of years ago. Past Chairman Shepard Dunn, past Chairman Robert<br />

Low, Debbie Sparks and staff, have all worked hard to finally bring this program<br />

to fruition. Our partnership with Rolling Strong really supports driver<br />

health and promotes driver retention. For a very small fee per month, we can<br />

establish a working basis for an in-house wellness program. The details are<br />

far-reaching, but I can tell you that by going to RollingStrong.com, your<br />

readers will get all the details they need. I will tell you it’s been a culmination<br />

of a lot of work. We’re just really, really excited. Driver wellness is in our<br />

strategic plan and we’re very happy we’re finally able to roll this out.<br />

The holidays are upon us. Tell me, Mr. Chairman, what is your<br />

favorite holiday tradition?<br />

Micah, we’re just simple people. Our family keeps growing; our kids<br />

keep having kids. Christmas is pretty simple for me. Christmas is about<br />

our faith, our family and our friends. It’s traveling. We have kids all over<br />

the country now. Sharing this special time of the year with our friends and<br />

our family and remembering what Christmas is all about, that’s the tradition<br />

that we want to keep alive in our family.<br />

Once again, Mr. Chairman, from all of us at <strong>Truckload</strong> <strong>Authority</strong>, we<br />

wish you and your family a very Merry Christmas and Happy New Year.<br />

And the same to you and yours, Micah.<br />

34 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>-<strong>16</strong>


WINTER | TCA <strong>2015</strong>-<strong>16</strong><br />

Member Mailroom<br />

Each year, my For-Hire dues invoice states<br />

that 2 percent of my dues are allocated to<br />

lobbying expenses.<br />

Can you tell me how that was used?<br />

Answered By Dave Heller and Debbie Sparks<br />

This question is more relevant in <strong>2015</strong> than it ever has been before.<br />

TCA, acting upon the wishes of its members and within the boundaries<br />

of its current policies, engaged in several legislative efforts to advance<br />

policy and continued placing the truckload segment of the industry<br />

before our lawmakers.<br />

This year, issues regarding truck size and weight, more specifically,<br />

91,000 pounds on 6 axles and twin 33-foot trailers, reared their legislative<br />

heads and TCA acted. We spoke in the company of Senators and<br />

Representatives, lobbying on behalf of the association without hesitation<br />

and communicating our active policies on these issues more strongly<br />

than ever before.<br />

And what did we receive in response? TCA had been actively engaged<br />

in stating its opposition to the bill by Rep. Reid Ribble, R-Wis., to<br />

increase truck weight to 91,000 pounds on 6 axles. Our association was<br />

not shy on our position as we distributed letters to Representative Ribble<br />

and the House Transportation and Infrastructure Committee. Soon thereafter,<br />

TCA’s letter of opposition was distributed to every member of the<br />

House of Representatives. Our position had been reflected in numerous<br />

trade publications for the industry and Capitol Hill and even over the air<br />

waves on Mark Willis’ “Road Dog Trucking News.” As a result of those<br />

efforts, the amendment to increase truck weight to 91,000 pounds on 6<br />

axles that was included in the House’s proposed long-term Highway Reauthorization<br />

bill FAILED by a vote of 187 for and 236 against.<br />

In October, TCA’s Board of Directors voted to no longer be silent<br />

on twin 33-foot trailers. Since we viewed this as a trailer combination<br />

that would dramatically affect the truckload segment in numerous ways,<br />

we again shifted our lobbying efforts into high gear. As we partnered<br />

with other activists against this issue, TCA’s voice was heard loudly and<br />

clearly. Representing 78 percent of the trucking industry, we voiced our<br />

concerns on Capitol Hill in numerous ways: in person during a live presentation<br />

with an introduction by Sen. Roger Wicker, R-Miss.; via a letter<br />

that effectively communicated our strong desire to oppose this trailer<br />

configuration and finally through in-person visits with our representatives<br />

too numerous to count. Our strong message and association voice<br />

was heard as the Senate voted twice to keep the twin-33 language at bay<br />

and our efforts will continue as we lobby to keep any such language out<br />

of the massive Omnibus spending bill.<br />

We would love to say that the 2 percent of your dues went this far<br />

and delivered such a dramatic response; however, we would be remiss in<br />

saying that. In <strong>2015</strong>, our members provided so much more than their 2<br />

percent of dues. Our members spoke, they spoke loudly and they spoke<br />

clearly. Our members expressed their opinions by phone, by personal<br />

visit and by written word, and they did so not because they wholly believed<br />

it just benefitted themselves and their fleets, but rather they knew<br />

it was for the greater good of the association.<br />

As an association we are only as strong as our members and the involvement<br />

that they provide. In saying that, we hope that your 2 percent<br />

in 20<strong>16</strong> is more than just part of what you pay in dues but rather reflects<br />

your voice, your participation and everyone’s efforts to put the best foot<br />

of the association forward and make it stronger than it has ever been.


WINTER | TCA <strong>2015</strong>-<strong>16</strong><br />

Talking TCA<br />

R O N G O O D E | d i r e c t o r o f E D U C A T I O N<br />

B Y l Y N D O N f I N N E Y a n d d o r o t h y c o x<br />

When Ron Goode walked in the door at <strong>Truckload</strong> Carriers Association<br />

headquarters in Alexandria, Virginia, on January 19, 2010, to begin his<br />

job as the organization’s director of education, he found some incredible<br />

similarities between his family and the family of the late John Kaburick,<br />

who was TCA chairman at the time.<br />

“Mr. Kaburick’s wife’s name is Carolyn. My late father’s name was John<br />

and my mother’s name is Carolyn,” Goode related.<br />

What’s more, Goode’s father once drove a truck and that’s how his<br />

parents met.<br />

“I just felt like my life had caught up with itself because the chairman<br />

and his wife had the same names as my parents. All of them were, and<br />

are, very wonderful people. I was sharing my feelings with Mrs. Kaburick<br />

and told her that’s how my dad met my mom — through trucking. My father<br />

drove a brick truck for my mother’s best friend’s father. She was over<br />

at her best friend’s house when my father would bring the truck back to<br />

the yard. He ran the business out of his home, so the yard was near his<br />

home. That’s how he met my mom. And it turns out that Carolyn Kaburick<br />

was a hairdresser like my mom, so we had a lot in common. It was like<br />

coming back to my roots to come to work at TCA.”<br />

Goode didn’t have to go far from home for his job at TCA.<br />

Although he was born February <strong>16</strong>, 1958, at the now-closed Columbia<br />

Hospital for Women in Washington, D.C., he’s never had anything but a<br />

Virginia ZIP code.<br />

“I’m a true-blooded Virginian. My parents lived in Arlington, Virginia,<br />

when I was born and I’ve never lived in any other state,” he said proudly.<br />

He attended Drew Elementary School and Thomas Jefferson Junior<br />

High School in Arlington.<br />

When it came time to go to high school, he was able to be part of a<br />

model school called the Huffman-Boston Woodlawn Program, which was<br />

designed to give students more independence.<br />

“The schedule was a lot like what you experience in college,” he said.<br />

“I was able to finish three years of high school in two years.”<br />

His formative years could be classified as normal for an African-American<br />

growing up in Arlington in an era characterized by less-than-ideal race<br />

relations.<br />

“That whole period was transitional because we were right out of the<br />

’60s.”<br />

There were places in Arlington he and his brother John Thomas “Tommy”<br />

Goode Jr. could not go to because of their color, and a lot of the black<br />

student movements were happening during that time and bans on where<br />

blacks could go began to be lifted.<br />

“My father remembers us wanting to do things that we couldn’t do,”<br />

Goode said.<br />

He remembers his growing-up years as an interesting period for all of<br />

Arlington. “People were changing and the area was becoming more transient,<br />

which was good because it brought a lot of new ways of thinking<br />

and a lot of new blood to the area but I don’t think we saw it originally as<br />

kids growing up. Our focus wasn’t so much on Washington and the issues<br />

in politics, it was more on civil rights and equality and what are we going<br />

to do with our life, at least it was for me and the people that I associated<br />

with, my friends, regardless of race. We were all trying to deal with this<br />

change and this period in time; it was a time of transition. This was what<br />

we learned in retrospect, life [was] moving forward and it was a kind of<br />

different perspective … .”<br />

Goode vividly remembers the segregation of his pre-teen years.<br />

“Arlington was very much segregated since this was before busing.<br />

When I went to elementary school it was an all-black elementary school.<br />

In Arlington you weren’t in a mixed race environment in school until you<br />

got to the sixth or seventh grade,” he said.<br />

Not having had much experience with other races was sort of awkward<br />

when he and others from all-black schools entered junior high, “but after<br />

about a week you figured out that everybody was OK.<br />

“We just kind of figured it out on our own as students, which I thought<br />

was great. I thought it was good that we learned how to deal with each<br />

other. We still had to deal with [race] issues but I chose not to let them<br />

divide me from people. When I was in school, a black kid having friends<br />

that were different races, close friends, that was kind of unusual and different<br />

for a lot of people and in some respects I got criticism for it, in fact<br />

a lot of criticism for it. But I refused to let it bother me. I refused to let it<br />

change my principles. I learned at a really early age how important it is to<br />

be true to yourself and accept people as they are regardless of what race<br />

they are or what sex they are or anything like that, and I didn’t realize<br />

that I had that ability in me until I got to junior high school where you’re<br />

under a lot of pressure to be with the cool kids and be a part of a hip group<br />

and I wasn’t into that. I was into being me.”<br />

Being “me” meant singing in the youth choir at church (he was a<br />

Southern Baptist then, but has since converted to Buddhism), learning to<br />

tap dance, spending summers at the YMCA swimming pool where he was<br />

on the swim team, and enjoying his 50 to 60 first cousins.<br />

“I have a lot of cousins. My mother had six brothers and six sisters<br />

and my father had seven sisters so our family reunions were always fun<br />

on either side of the family. We had family picnics all the time. Relatives<br />

would come up in the summer and stay. It was great growing up because<br />

our families were pretty close.”<br />

Although his mother started out as a hairdresser, she eventually went<br />

to work as a supervisor in the supply division at Joint Base Andrews, then<br />

called Andrews Air Force Base.<br />

She had to retire after being diagnosed with cancer and is living with<br />

Goode and his partner.<br />

His father, now deceased, was a heating and air conditioning mechanic.<br />

“He could actually fix anything,” Goode recalled. “He worked for Meloy<br />

Laboratories in Springfield, Virginia, where they did a lot of research. I<br />

36 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>-<strong>16</strong>


TCA <strong>2015</strong>-<strong>16</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 37


emember we used to go to his job and they had a lot of animals. He had<br />

made friends with all the monkeys because he loved animals and had such<br />

a good heart. He could take us back and tell us all their names and you<br />

could tell they liked him because they would get excited when he came<br />

into the room.”<br />

At age 17, Goode headed off to college at Norfolk State University in<br />

Norfolk, Virginia, without a clue as to what career he wanted to pursue.<br />

He originally studied political science because he thought he wanted<br />

to become a lawyer, but decided halfway through the semester he really<br />

didn’t want to be a lawyer.<br />

“I only thought I wanted to be a lawyer since my brother said I was<br />

good at arguing and because I never lost an argument I would be a good<br />

lawyer,” Goode recalled with a chuckle.<br />

So while pondering his next move, as college students sometimes do,<br />

Goode was hanging out one day when he saw a group of students in costume.<br />

“They looked like they were having fun so I went up to ask what they<br />

were doing and it turned out it was the broadcast production majors doing<br />

their final productions,” he said. “The people I saw were somebody’s talent<br />

for whatever the broadcast major’s project was. And I thought ‘broadcast<br />

production. I want to be a broadcaster.’ So I changed my major to broadcast<br />

production. My dream was to be a newscaster.”<br />

But the first time he saw a tape of himself as broadcaster, “I hated<br />

my voice. I decided I should go into production and not be a newscaster.<br />

My dream was to be a newscaster, but I didn’t like the way my voice<br />

sounded.”<br />

After two years at Norfolk State, Goode said he was overcome with<br />

a strange feeling that his family needed him back in Arlington, so he<br />

transferred to Howard University where he earned a bachelor’s degree,<br />

continuing his studies in broadcast production. But since he also enjoyed<br />

writing, he decided to minor in journalism.<br />

He also took on a part-time job at a Safeway store.<br />

“I didn’t want my parents to have to foot the bill because I felt like I<br />

didn’t want to burden them. They paid for the first two years and helped<br />

me with the last two and were nice and bought me a car so I could get to<br />

work and school because they had a hard time juggling three people and<br />

two cars. I managed to work my way through college and did pretty well.”<br />

While still working part-time at Safeway, after graduation he got a fulltime<br />

job and at age 22, bought a house.<br />

His first of many jobs at nonprofit organizations was for the International<br />

Year of Disabled Persons as an office assistant.<br />

It was an era when each year was designated as a year for a different<br />

cause.<br />

He was eventually promoted to editorial assistant and wrote an article<br />

for them.<br />

He left that position to work for the American Holistic Medical Association<br />

as their newsletter editor where he had the unique opportunity to interview<br />

and write an article about the real Patch Adams.<br />

“I visited him at his home in North Arlington and interviewed him for the<br />

article because the American Holistic Medical Association’s beliefs were in line<br />

with his beliefs about medicine,” Goode said. “Because he didn’t have a lot of<br />

money, they made him an honorary member of our association. Really, really<br />

nice guy, great guy, funny guy.”<br />

After a little more than four years on the job, the association decided to<br />

relocate to Seattle, Washington, and Goode chose to remain in Arlington and<br />

look for other employment.<br />

He found a job at the American Society for Psycho Prophylaxis in Obstetrics,<br />

known today as Lamaze International, an organization dedicated to<br />

promoting the Lamaze technique of natural childbirth.<br />

He started there as an editorial secretary, then became an editorial assistant<br />

and finally worked as an event planner.<br />

He was part of a lay-off at the Lamaze organization and next worked for<br />

the JMA Head Injury Foundation where he was executive director.<br />

When that organization ran out of money, he landed a position as a temporary<br />

employee on a long-term assignment with Atlantic Research.<br />

“They were doing a lot of defense contracting, but this was after the Cold<br />

War so a lot of their defense contracts were not coming in any more. They<br />

were actually downsizing, but had me there as a long-term administrative<br />

assistant.”<br />

Next, he landed a job at the National Association of Federal Credit Unions<br />

and although told he would be the administrator, it turned out to be an administrative<br />

assistant position.<br />

“It was tough at first, but the reason I stayed there was that they had<br />

tuition reimbursement and one of my goals in life was to earn a master’s<br />

degree, but I was so cheap I didn’t want to pay for it.”<br />

Eventually he worked his way up to become the administrator of a program<br />

that trained compliance officers working in credit unions.<br />

“After I got that job I said this is the place where I am going to get my<br />

Q & A With RON GOODE<br />

DATE AND PLACE OF BIRTH: Columbia Hospital for Women,<br />

February <strong>16</strong>, 1958.<br />

MY TRADEMARK EXPRESSION IS: “For real!”<br />

MOST HUMBLING EXPERIENCE: When my niece, Stacey Goode,<br />

who was crippled from the effects of Lupus, asked me to push her in her<br />

wheelchair across the stage to receive her bachelor’s degree. She did this<br />

knowing that her health was deteriorating rapidly and she might not get<br />

the chance to ever use her degree—but her spirit and determination in the<br />

face of this and her request that I be a part of her receiving her degree, truly<br />

humbled me.<br />

PEOPLE SAY I REMIND THEM OF: Johnny Mathis — I wish I<br />

sounded like him too.<br />

I HAVE A PHOBIA: Mice!<br />

MY GUILTY PLEASURE: Chocolate pecan turtles.<br />

THE PEOPLE I’D INVITE TO MY FANTASY DINNER<br />

PARTY: Daisaku Ikeda (president of the Sokka Gakkai International);<br />

Willie Washington (my partner of 36 years); my Mom, the woman who<br />

treated me so sweetly every time she visited her very sick son and who was<br />

in the hospital room with me after my car accident at the age of 5; Rafael<br />

Nadal; Jimmy Carter; Denzel Washington; Carol Burnett; Cicely Tyson;<br />

Lou Diamond Phillips; Benjamin Bratt; Venus and Serena Williams; Marlo<br />

Thomas; Magic Johnson; and a good musician that knows how to get a party<br />

started!<br />

SOMETHING HARDLY ANYONE KNOWS ABOUT ME: I<br />

also have a fear of damp, dusty, cruddy furniture—it gives me the “gichy<br />

goomies!”<br />

MY HARDEST PROBLEM AS A PROFESSIONAL IS: Being able<br />

to say what needs to be said all of the time.<br />

I WOULD NEVER WEAR: A G-string bathing suit.<br />

A GOAL I HAVE YET TO ACHIEVE: Publish a novel that touches the<br />

lives of people and changes their hearts for the better.<br />

THE LAST BOOK I READ: “Don Quixote.”<br />

LAST MOVIE I SAW: “Mr. Bean’s Holiday.”<br />

MY FAVORITE SONG: “If You Could Read My Mind” by Gordon<br />

Lightfoot—I love the melody and think the words create one of the most<br />

beautiful love poems I have ever heard.<br />

IF I’VE LEARNED ONE THING IN LIFE, IT WOULD BE:<br />

Change starts from me and moves outward, not the other way around.<br />

MY PET PEEVE: I can’t tolerate hypocrisy.<br />

THE THING ABOUT MY OFFICE IS: Nondescript, but I have<br />

what I need to get the job done.<br />

ONE WORD TO SUM ME UP: Advance.<br />

38 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>-<strong>16</strong>


master’s now, but my coursework had to be in<br />

education. It had to be job-related, so I decided<br />

to pursue my master’s degree in education administration.”<br />

But just as the deadline for applying to get<br />

his master’s approached, Goode learned of a new<br />

master’s program that had his name written all<br />

over it.<br />

“The program was Curriculum and Instruction:<br />

Adult Education for Practicing Professionals,”<br />

he recalled. “I thought, this is for me. This<br />

is exactly what I do. I read the curriculum and I<br />

told my boss if I could have written the curriculum<br />

I couldn’t have done a better job. This program<br />

is perfect.<br />

“As it turned out, I had a knack for adult learning<br />

I didn’t know I had. I became a straight A<br />

student. And on top of that the company paid for<br />

it because it was job-related. So I achieved the<br />

goal of getting my master’s, not paying for it and<br />

becoming a straight A student in a field that I really<br />

loved.”<br />

After he had worked long enough at the credit<br />

union association to pay back his tuition in time<br />

worked, Goode was recruited by the American<br />

Staffing Association to be the organization’s first<br />

director of education.<br />

He was there four-plus years.<br />

“It was tough but I enjoyed it. It was a good<br />

career move for me since I was in charge of education<br />

for a large organization and when I was<br />

fully staffed I had about four employees, which<br />

was the most people I had ever supervised in my<br />

whole life including my dog.”<br />

But when the economy went south during<br />

the Great Recession seven employees, including<br />

Goode, lost their jobs.<br />

The next nine months turned out to be what<br />

today Goode calls “the best nine months of my<br />

life. I do a lot of voluntary work for an organization<br />

called Soka Gakkai International-USA (SGI-USA),<br />

which is the most diverse Buddhist community in<br />

the United States with more than 500 chapters<br />

and some 100 centers throughout the country and<br />

which is dedicated to peace, culture and education,<br />

so it gave me the opportunity to do volunteer<br />

work and take care of my mom who became ill<br />

about a month after I was laid off.”<br />

He also supported a niece who was suffering<br />

from Lupus.<br />

But when his savings were about two-thirds<br />

depleted, he knew it was time to search for a job.<br />

“I had lunch with a friend who I worked with at<br />

the National Association of Federal Credit Unions<br />

and he was looking for a job, too. He said, ‘Ron,<br />

give me your e-mail address and if I see any jobs<br />

for education I’ll let you know and if you see any<br />

jobs for marketing will you let me know?’ The very<br />

next day he saw an ad for director of education at<br />

the <strong>Truckload</strong> Carriers Association. I didn’t know<br />

the job existed. I told people the job found me.”<br />

Goode submitted his resumé and was asked to<br />

come in for an initial interview.<br />

The TCA director of education at that time was<br />

Ginny DeRoze and she was going to retire, and<br />

they wanted to hire her replacement before she<br />

retired so she and the new director could work<br />

together for about two months.<br />

His first interview was with TCA staff who were<br />

on the same job level he would be — DeRoze and<br />

the organization’s then director of communications,<br />

Michael Nellenbach.<br />

“When I left that first interview I said to myself,<br />

TCA needs me as badly as I need them. It’s<br />

a perfect match. My skills were exactly what they<br />

needed for where they wanted to go with their<br />

Driving as a volunteer for SGI in 1995.<br />

In Big Sky, Montana, for the 2013 officer’s retreat<br />

education program and the job was exactly what<br />

I wanted my career to look like, so I was really<br />

happy when they called me back for a second interview.”<br />

He subsequently interviewed with then-TCA<br />

President Chris Burruss and Debbie Sparks, TCA’s<br />

vice president of development, who would be<br />

Goode’s boss.<br />

This time, he brought along a sample of his<br />

work.<br />

“I had put together a program about the truckload<br />

industry from what I learned from their website<br />

and gave it to them as a sample of the kind of<br />

work I could do and a few days after they checked<br />

my references, they called back to offer me a job,”<br />

he recalled. “Ginny had done a great job of laying<br />

the foundation for TCA’s training and education,<br />

but what the association wanted and needed to<br />

do was move into a more digital and online presence.<br />

That was my expertise. What we’ve built<br />

since I’ve been here is the <strong>Truckload</strong> Academy<br />

On Demand, which is the online training portal for<br />

TCA and which didn’t exist before. There are so<br />

many things going on in the industry — Hours of<br />

Service, CSA, employment issues — we were having<br />

to deal with so the online presence is a great<br />

opportunity for our members to keep up-to-date<br />

on these and other issues at a time that fits their<br />

schedule.”<br />

Goode believes education will follow the trends<br />

of society and that it could become “an important<br />

part of social media that people access. I know<br />

I’ve received a wealth of information through<br />

social media, through Facebook and Twitter and<br />

tweeting and it’s usually short snippets of postings<br />

and that sort of thing but I see it becoming more<br />

of a social community kind of environment because<br />

that seems to be where people, especially<br />

younger people, tend to communicate. I think as<br />

With Carolyn<br />

Kaburick, wife of<br />

the late former TCA<br />

Chairman John<br />

Kaburick<br />

With nieces and nephew<br />

society moves more and more toward digital and<br />

mobile and people communicating on their phones<br />

via social media that might be where education<br />

has to go to find them. That’s the crossroads between<br />

what people need and what they want and<br />

what we have to deliver.”<br />

Speaking of people, Goode noted he’s worked<br />

with myriad associations and good people through<br />

the years, but he’s noticed something in trucking<br />

that seems more prevalent than in other industries.<br />

“The one thing I really like about trucking is<br />

how these companies and the people who work<br />

for them are salt-of-the-earth good people,”<br />

Goode said. “They’re the kind of people that<br />

you want to be your neighbors, whether they’re<br />

drivers or whether they started a company or<br />

they inherited one or a family business or whatever<br />

it is. They’re the kind of people that you<br />

would want to call neighbors, the kind of people<br />

you can call by first name. They could be the<br />

president of a very large fleet and you could call<br />

and say, ‘I need to talk to Keith (Tuttle, the current<br />

TCA chairman, or Shepard (Dunn, a past<br />

TCA chairman) or John (Kaburick) or whoever it<br />

is; if they’re available they’ll talk to you and if<br />

not, they’ll get back to you. If you send them an<br />

e-mail they’ll show their concern.<br />

“This is an industry of professionals who are<br />

just so wonderful; they believe in what they do.<br />

I had never considered working in trucking, but<br />

when I checked out the TCA website I said, ‘If<br />

I go to work someplace I don’t care how bad I<br />

need a job, I want it to be meaningful; it’s got<br />

to be an association where I can buy into what<br />

they believe in.’”<br />

All of which reinforces Goode’s feeling of having<br />

come back home to his roots when he walked<br />

through that door almost six years ago.<br />

TCA <strong>2015</strong>-<strong>16</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 39


Highway Angel Tour<br />

with Lindsay Lawler<br />

For the third year in a row, Nashville recording artist and<br />

Highway Angel spokesperson Lindsay Lawler hit the road for<br />

the Highway Angel Truck Stop Tour hosted by TravelCenters of<br />

America. The tour included 15 TA/Petro Stopping Center locations<br />

with stops in Colorado, Connecticut, Texas, Oklahoma, Alabama,<br />

Tennessee, Ohio, Missouri, Louisiana, Illinois, Iowa, Virginia,<br />

Florida, Kentucky and Arkansas.<br />

“I started doing the truck stop tour because I wanted to reach<br />

the trucking community and share the music that I created about<br />

them and the industry they so proudly represent,” Lawler said.<br />

Each tour stop included an hour-long acoustic performance by<br />

Lawler from her flatbed truck stage; select locations included live<br />

radio coverage.<br />

In addition to hosts TA and TCA, Wholesale Truck and Finance<br />

and Schneider have also returned as sponsors of the event.<br />

New to this year’s tour is a sponsorship from EpicVue — a<br />

company that offers in-cab satellite TV packaged specifically for<br />

commercial fleets.<br />

Also new this year, drivers were encouraged to register for a<br />

Tour Giveaway.<br />

To learn more about the <strong>2015</strong> Highway Angel Truck Stop Tour,<br />

or to view photos from the locations, visit truckstoptour.com.<br />

Highway Angel spokesperson Lindsay Lawler and her bandmates play for attendees<br />

at the London, Ohio, TravelCenters of America’s (TA) grand re-opening event<br />

June 4.<br />

Happy 40th birthday, Petro San Antonio. Lindsay Lawler had the pleasure of playing<br />

at the celebration.<br />

Renegade Radio’s Captain Jack, Lindsay Lawler and TCA’s Vice President of Development<br />

Debbie Sparks broadcast live from the Highway Angel Truck Stop Tour<br />

finale at TA Nashville, Tennessee, on October 29.<br />

Lindsay Lawler performs<br />

alongside fellow Nashville<br />

recording artists.<br />

A Schneider Ride of Pride truck was in attendance<br />

at many of the Highway Angel Truck Stop<br />

Tour locations this year. Special thanks to Schneider,<br />

as well as the other sponsors that make<br />

the tour possible.<br />

At the Highway Angel Truck Stop Tour<br />

finale in Nashville, Tennessee, Lindsay<br />

signs copies of her newest CD.<br />

The tour location in London, Ohio, had<br />

a small petting zoo area available for<br />

concertgoers.<br />

Highway Angel Spokesperson Lindsay<br />

Lawler talks with fans, poses for photos<br />

and signs memorabilia at the Walcott<br />

Truckers Jamboree July 10 in Walcott,<br />

Iowa, at the Iowa 80 Truckstop.<br />

Trucker Sandy Long poses with Lindsay Lawler outside the TA Oak Grove/Sandy<br />

Long Oak Grove Travel Center in Oak Grove, Missouri, on May 11. Long is a <strong>2015</strong><br />

Citizen Driver Award winner. The award recognizes professional drivers who earn<br />

public respect for the industry. A TA or Petro location is named in honor of each<br />

award winner.<br />

40 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>-<strong>16</strong>


WAA: Logistically Speaking<br />

By Lyndon Finney<br />

What began as a gesture of kindness on the part of a Maine wreath manufacturing<br />

company to honor the nation’s veterans and especially those who made the<br />

ultimate sacrifice has become one of —if not the most — recognized annual Christmastime<br />

traditions in the country in National Wreaths Across America Day.<br />

It was 1992 and Worcester Wreath Co. owner Morrill Worcester was recalling<br />

the day as a youth he had visited Arlington National Cemetery and how that<br />

visit had made an indelible impression on him.<br />

So with an excess of Christmas wreaths on hand that December, Worcester<br />

made arrangements to have them placed in one of the oldest sections of<br />

Arlington.<br />

It’s no secret how that one simple gesture has grown to become an official<br />

“day” each year as voted by Congress, but what is not known are the behindthe-scenes<br />

logistical challenges of moving what this year may be nearly 1 million<br />

wreaths to Arlington and other cemeteries across the America.<br />

For the past several years, the <strong>Truckload</strong> Carriers Association has been<br />

involved in those logistics, initially at the behest of Barry Pottle, president and<br />

CEO of Pottle’s Transportation of Herman, Maine.<br />

With its close proximity to Worcester’s headquarters in Harrington, Maine,<br />

Pottle’s company had for several years helped transport the wreaths to more<br />

and more cemeteries as National Wreaths Across America Day grew.<br />

But now, with requests for more and more wreaths for the national day,<br />

transportation logistics were becoming a challenge, or to be perfectly honest,<br />

a nightmare.<br />

Enter the <strong>Truckload</strong> Carriers Association.<br />

Six years ago, TCA began helping with transportation logistics; four years<br />

ago the association became the official logistics “partner” with WAA.<br />

Each October, TCA and WAA staff go behind closed doors — nothing secret<br />

about the meeting, it’s just that interruptions to trains of thought can delay<br />

critical plans — and map out how to get the wreaths from Maine to cemeteries<br />

all over the country.<br />

Over 700,000 of them were delivered last year, which will swell to perhaps as<br />

much as a million this year and involves not only getting them there, but removing<br />

and disposing of the dunnage left behind when the wreaths are unpacked.<br />

“Each year comes with new challenges and obstacles, and each year we<br />

try to learn things from the previous year,” said Debbie Sparks, TCA vice<br />

president of development, who chairs the de facto logistics panel. “One of<br />

the things we knew we had to deal with this year was the supply of wreaths<br />

transported to the West Coast. It’s just too much of a challenge to try to get<br />

the trucks all the way from Maine to the West Coast, so we will continue to<br />

use cross docks.”<br />

The larger cross dock is at Arrow Truck Sales in Kansas City, Missouri. Another<br />

is at Tenant Truck Lines in Colona, Indiana, and yet another is at International<br />

Distributors in Richland, Mississippi. International Distributors is owned<br />

by U.S. Xpress.<br />

That burden of moving wreaths to the Kansas City cross dock will be lessened<br />

by the moving and storage industry, whose participation has been led<br />

by two drivers — Don Queeney and Steve Meyer — who wanted to increase<br />

participation by moving vans.<br />

“We came to find out that those big moving trailers floor loaded can haul<br />

7,200 wreaths whereas a normal 53-foot trailer can carry about 4,000,”<br />

Sparks said. “That means half the number of trucks needed for the Kansas<br />

City cross dock.”<br />

What’s more, the drivers of those moving vans have volunteered to floor<br />

load all their trailers in Maine.<br />

Once in Kansas City, those movers and volunteers will offload the 800 boxes<br />

of wreaths per trailer, then shrink wrap and palletize the wreaths for the journeys<br />

to veterans’ cemeteries further west via conventional trailer.<br />

With TravelCenters of America and Pilot Flying J already deeply involved in<br />

the Wreaths Across America initiative, TCA turned to Love’s Travel Stops and<br />

Country Stores and shared that the independent moving and storage drivers<br />

were asking for fuel assistance so they could help TCA with the initiative.<br />

Without batting an eye, Love’s said yes to providing fuel cards for moving and<br />

storage drivers who are mostly independent contractors and needed fuel assistance<br />

to help make WAA successful.<br />

Another logistical challenge is the removal of the dunnage from Arlington<br />

National Cemetery.<br />

Dominion Power, the utility which operates power companies along the East<br />

Coast, sent volunteers to offload the dunnage after the wreaths were removed<br />

from the boxes so truckers could leave the cemetery ready to carry a commercial<br />

load.<br />

Last year, getting all that cleared from the cemetery took until well past<br />

midnight, and Arlington officials this year asked if the dunnage could all be<br />

removed by 5 p.m., when the cemetery closes.<br />

“They didn’t mandate this, but they asked if there was any way the trucks could<br />

leave the cemetery carrying the dunnage,” Sparks said. “We said ‘absolutely.’”<br />

The logistics planners reached out to Waste Management, a disposal company<br />

which partnered with TCA and WAA to remove the wreaths in January.<br />

“They just couldn’t find a solution for the volume we were talking about and<br />

in the meantime I got a call from a gentleman out in Seattle who is a vice president<br />

for International Paper, which makes the boxes the wreaths are delivered<br />

in,” Sparks said. “He told me that last year International Paper attempted to<br />

recycle the boxes, but got behind the eight ball because they didn’t recognize<br />

the volume and scope of the waste.”<br />

Turns out International Paper has a recycling center in Baltimore, Maryland,<br />

but that meant an additional delay in getting the trucks back on the road, especially<br />

those heading south.<br />

Queeney and Meyer stepped in and after some e-mails and phone calls<br />

helped locate a facility with a high capacity terminal of 20-plus docks and not<br />

only did the owner of the facility say yes to using it, he agreed to make sure it<br />

was staffed with manpower and equipment.<br />

What’s more, the facility is only eight miles from Arlington National Cemetery.<br />

Dominion Power volunteers will load the dunnage back on the trucks at the<br />

cemetery.<br />

“Then the trucks will leave Arlington and go right over to the terminal,”<br />

Sparks said. “We calculated we could turn a truck in 10 minutes at the offloading<br />

facility. It’s going to be the most efficient system we’ve had. International<br />

Paper is going to be supply nine trailers and drivers to manage this logistical<br />

operation.”<br />

They’ll load up eight trailers with boxes and pallets and the ninth trailer will<br />

carry the shrink wrap.<br />

The eight trailers with the boxes and pallets will go directly to the Baltimore<br />

recycling center. While the ninth truck will go to an appropriate recycling center.<br />

On a personal Sparks note said, “it gives me great pride knowing that<br />

in an endeavor of this size and scope not only will we leave no debris at the<br />

cemetery, but that everything we used to haul the wreaths in will be recycled.<br />

I can’t imagine a better way to leave an indelible image for Arlington National<br />

Cemetery, Wreaths Across America and the trucking industry. This partnership<br />

makes us good stewards of the environment and illustrates that we truly do<br />

move America forward.”<br />

Last year, wreaths were sent to 1,034 cemeteries. Arlington is the largest,<br />

of course, with 70 truckloads. The second largest is Houston, which will have<br />

13 trucks this year.<br />

“All our carriers and drivers doing these donated loads will have from four to<br />

15 stops,” Sparks said. “They have to call ahead and make arrangements with<br />

the cemetery and let them know what time they will be there and it’s up to the<br />

cemetery to supply the volunteers to meet the truck to unload, anything from<br />

one box to an entire truckload.”<br />

Because of the growth of the program, there has been talk about another<br />

manufacturing location, but that’s all it has been, talk.<br />

“This [a wreath made in Harrington] isn’t just a wreath. It’s a veteran’s<br />

wreath,” Sparks said. “Every bouquet has a meaning. There are 10 bouquets that<br />

make up a wreath. Morrill is very, very progressive as a farmer in the growing of<br />

these pine trees. He has advanced the tipping process, which means every three<br />

years when the tips grow out that’s what he cuts to make the wreath.”<br />

Worcester also has land dedicated to veterans.<br />

“Any veteran is welcome to come and walk the property. What’s more, there<br />

is a ceremony where you place your dog tag or the dog tag of your loved one.<br />

Then every three years that tree is tipped to help make the wreaths that go<br />

across the country. That gives real meaning and helps bring closure, something<br />

that is really important to our veterans and their families.”<br />

Morrill Worchester is also designating different sections of the land for each<br />

branch of the military.<br />

“You can actually pick out a tree in the Marine Corps section for instance,”<br />

Sparks said. “You hire another wreath company and the meaning and the love<br />

for veterans wouldn’t be behind it.”<br />

TCA <strong>2015</strong>-<strong>16</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 41


A QUICK LOOK AT IMPORTANT TCA NEWS<br />

SMALL<br />

A QUICK LOOK AT<br />

IMPORTANT TCA NEWS<br />

TALK<br />

Capital Christmas Tree<br />

Speaker of the House, Paul Ryan, invited fifthgrader<br />

Anna DeVold from Alaska to the podium<br />

to help flip the switch to officially light the Capitol<br />

Christmas Tree, which came from Seward, Alaska.<br />

Shortly after dark on December 2, the west lawn of the<br />

U.S. Capitol was transformed from darkness to light when<br />

House Speaker Paul Ryan flipped the switch to light the <strong>2015</strong><br />

Capitol Christmas Tree.<br />

The ceremony was the apex of a journey by land and sea<br />

that began October 27 when the tree started its journey from<br />

the Chugach National Forest near Seward, Alaska.<br />

For the fourth consecutive year, the <strong>Truckload</strong> Carriers<br />

Association worked with several major players in the trucking<br />

industry to coordinate the logistics of bringing the tree to<br />

many communities along its route to Washington.<br />

Sherri Garner Brumbaugh, president and CEO of Garner<br />

Trucking of Findlay, Ohio, and co-chair of the TCA Communications<br />

and Image Policy Committee, was among those<br />

participating in the planning.<br />

Brumbaugh and the committee knew that because of its<br />

origin, the route of travel would likely include Ohio.<br />

So Brumbaugh volunteered to host a stop in Findlay.<br />

She reached out to Mayor Lydia L. Mihalik to make sure it<br />

was OK for Findlay to host a stop.<br />

The mayor gave a resounding “yes,” so Brumbaugh facilitated<br />

a meeting involving city police, the county sheriff, the<br />

state police, the fire department, Findlay schools and the local<br />

media.<br />

The mayor declared November <strong>16</strong> as the “Official Capitol<br />

Christmas Tree Day in the city of Findlay.”<br />

When the tree and its small entourage arrived in Findlay<br />

the evening of November 15, organizers had prepared a meal<br />

featuring the city’s award-winning ribs and its famous ice<br />

cream from the local mom and pop ice cream parlor.<br />

“The group immediately declared this as one of their best<br />

stops,” Brumbaugh mused. “I think it was all about the food.”<br />

A local hotel comped rooms for the entourage Sunday night.<br />

The next morning, about 150 Findlay residents gathered at<br />

the county courthouse to hear brief introductions by Hancock<br />

County Commissioners and Ohio Congressman Bob Latta, and<br />

enjoy opportunities to view the tree and sign the official Capitol<br />

Christmas tree banners.<br />

A second stop for the tree took place at Chamberlin Hill<br />

School where dozens of locals, students and others who had<br />

traveled for miles gathered to see the tree and meet the crew.<br />

All 300-plus students and faculty gathered in an assembly<br />

where they were serenaded by a steel drum band and surprised<br />

by Sasha Salmon, Smokey Bear and local Fire Department<br />

mascot, Sparky.<br />

Outside, students added their names to the thousands of<br />

signatures that now adorn the banners on each side of the truck.<br />

Elyse Chengery of local TV affiliate NBC 24 spoke with<br />

the third-grade class where student Bryson Jones was<br />

thrilled to see the tree. “It’s really exciting because I get<br />

to see it and sign my name and the best part about it is<br />

it’s going to Washington, D.C., to be put in the capital,”<br />

Bryson said.<br />

Brumbaugh is proud of TCA’s involvement with the<br />

Capitol Christmas tree. “I believe TCA’s involvement in the<br />

tree program presents the positive side of trucking and what<br />

trucking brings to not only our community, but in large our<br />

nation,” Brumbaugh said. “Being involved in the Capitol Christmas<br />

tree project really showcases that fact.<br />

“I’m a visual person and to have that visual in front of you<br />

and to say, ‘Oh yeah, that tree just didn’t teleport from Alaska<br />

to Washington,’ makes you remember that there are times we<br />

in middle America are not in touch with things that are larger<br />

than life. So being part of this one stop of the many stops,<br />

we became part of something bigger than what we are. That<br />

makes it special. Then you see the national media coverage<br />

and you think ‘I was part of that. Thank you truckers for making<br />

that happen.’”<br />

Brumbaugh explained how the stop in Findlay was chosen.<br />

Last year, TCA and Garner Trucking sponsored a tree tour stop<br />

at FirstEnergy Stadium in Cleveland in Northeast Ohio.<br />

As her committee, along with TCA staff, began planning<br />

logistics for the <strong>2015</strong> trip, they knew that because of its origin,<br />

the tree would likely come through Ohio again.<br />

“Organizers asked what was another good location in<br />

northeast Ohio to stop and I said, ‘You don’t want to stop over<br />

there again, you want to stop in northwest Ohio,’ which is in<br />

my neck of the woods,” Brumbaugh said. “They said ‘if we<br />

stop in northwest Ohio, where could we stop’ and I said, ‘my<br />

hometown of course.’”<br />

Tour organizers said that was fine with them, so Brumbaugh<br />

sprang into action.<br />

As it stands today, next year the Capitol Christmas Tree<br />

will be harvested from Idaho, which means that it will pass<br />

through Ohio a third time.<br />

“We gave them the red carpet treatment. It was definitely<br />

one of their favorite stops,” Brumbaugh said. “They want to<br />

stop here next year. I believe we did a pretty good job.”<br />

Thank you truckers for making that happen.<br />

Students at the stop in Findlay, Ohio, signed the banner on the truck hauling the Capitol Christmas tree.<br />

42 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>-<strong>16</strong>


PTDI: Gold Standard<br />

The Professional Truck Driver Institute (PTDI) is looking better and better these days, as a<br />

federal rule mandating minimum training for new drivers slowly takes shape in the crucible of<br />

a government negotiated rulemaking.<br />

During meetings of the Entry Level Driver Training Advisory Committee (ELDTAC), a creation<br />

of the Federal Motor Carrier Safety Administration (FMCSA) that included representatives of<br />

industry, government and safety advocates, PTDI’s curriculum and course requirements were<br />

cited positively by ELDTAC members, said PTDI Chairman David Money, who represented PTDI<br />

on the committee.<br />

“More than once we were referred to by others, not us, as the ‘gold standard’ of requirements<br />

for the training of entry-level drivers,” Money told the PTDI Board. “In point of fact, the<br />

final recommendations of the committee for curriculum bear significant similarity to PTDI<br />

standards with regard to classroom training.<br />

“One size has to fit all. We always felt that PTDI standards were well in excess of any<br />

standards that might come out. The PTDI standards are based on a government model curriculum<br />

that came out way back in the ‘80s.”<br />

After years of fits and starts in the effort to develop minimum training standards for drivers,<br />

the FMCSA finally proposed ELDTAC in December of last year. The committee met for<br />

several months earlier this year. The blend of interested parties, or “stakeholders,” guided by a<br />

neutral facilitator, Richard W. Parker, a law professor at the University of Connecticut School of<br />

Law, produced a recommendation for the proposed rule on June 15. The rulemaking process is<br />

under way, though a final rule may be months in the future, perhaps even longer.<br />

“I haven’t heard anything recently,” Money said in a recent interview for this report. “The<br />

last time I talked to anyone at [FMCSA they said] they’re working on it.”<br />

“We were kind of told that this is going to be put on the fast track,” Money said. “But the<br />

recommendation was not unanimous. [FMCSA] has to be careful how they craft it.”<br />

Dissenting votes on the matter of hours-based vs. performance-based training requirements<br />

were cast by the American Trucking Associations and the National Association of Small<br />

Trucking Companies. The Amalgamated Transit Union dissented on the matter of Class B Entry<br />

Level CDL training, contending that more training hours are needed.<br />

Latest projected dates from FMCSA call for publication of the rule, originally set for October<br />

15, to take place December 28. The end of the comment period, originally planned for December<br />

15, now is projected for February 28, 20<strong>16</strong>.<br />

Regardless, the formation of a new training rule is not expected to make current or prospective<br />

PTDI customers nervous, PTDI leaders say. If anything, based on the ELDTAC experience,<br />

the opposite should be true, they say.<br />

“Because [the rulemaking] was derived from a Negotiated Rulemaking … the agency must<br />

follow the recommendation that was achieved via consensus,” said PTDI Director Dave Heller,<br />

who also served on ELDTAC representing the <strong>Truckload</strong> Carriers Association. “Because the<br />

theory portion of the negotiated rulemaking was derived from PTDI curriculum, and the behind-the-wheel<br />

time is less than PTDI time, it stands to reason that PTDI has a higher standard<br />

than that of the federal proposed rule that is expected soon. That being said, after the subsequent<br />

publishing of the proposed rule and comment period, the agency can change the rule<br />

based upon comments received, but I would find that pretty hard to do since it has been pretty<br />

much an act of God to get this far.”<br />

Major ELDTAC recommendations included a minimum of 30 hours behind-the-wheel (BTW)<br />

training, classroom theory with no length of time prescribed (a written test must be passed<br />

to conclude this time successfully) and a hybrid of performance and hours-based instruction.<br />

This consisted of 10 academic hours on the range (a closed driving course), 10 academic<br />

hours on the road or 10 road trips and 10 academic hours split between road and range.<br />

PTDI’s BTW requirement of 44 hours exceeds the proposed rule’s BTW time by 14 hours.<br />

PTDI is the first nonprofit organization to develop uniform skill performance, curriculum<br />

and certification standards for the trucking industry, a PTDI news release stated, and to award<br />

course certification to entry-level truck driver training courses and driver finishing programs.<br />

Despite its name, the Institute is not a school and does not offer courses. PTDI<br />

certifies courses at truck driving schools and other educational institutions. Graduates<br />

of PTDI-certified courses who complete all school and PTDI requirements will<br />

receive a PTDI Certificate of Attainment or a PTDI seal on the school’s certificate.<br />

PTDI has been certifying entry-level truck driver training courses since 1989.<br />

www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 43<br />

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Two men who head truck driver training schools, one publicly-funded and one<br />

private, expressed satisfaction with their long-term relationship with PTDI in recent<br />

interviews.<br />

“It helps with admissions and placement,” said Harry Kowalchyk Jr., president of<br />

the National Tractor Trailer School in Liverpool, New York. “It enhances the quality of<br />

the institution and the appeal to the prospective student.”<br />

With regard to placement of graduates, PTDI certification provides a “little bit of<br />

reassurance” to potential employers, especially to owners of smaller truck lines, with<br />

less than 50 trucks, Kowalchyk said.<br />

“[The owners or managers] have to be jacks of all trades,” he said, adding that such<br />

individuals may have to cover multiple jobs such as hiring, dispatch and accounting.<br />

“Something like this [PTDI certification] is more of a relief to them because they can be<br />

more confident of hiring a well-trained, quality driver.”<br />

PTDI certification helps publicly-funded schools in dealings with administrators as<br />

well, said Chris Antonik, instructional coordinator of the Commercial Transportation<br />

Program at Delaware Technical Community College, the state’s only community college.<br />

“[PTDI] puts me in a very comfortable position,” Antonik said. “My students have<br />

been exceeding the standards. [The school administration] can say to me ‘we need to<br />

push through more students.’ [But PTDI] gives me a suite of tools or logic that allows<br />

me to negotiate with my upper administration for the needs” of the program. “It mandates<br />

that I get these students a sufficient amount of time.”<br />

“The outcome has been very positive,” Antonik said. “My CDL pass rate is 100 percent.<br />

I’m absolutely confident in this program.”<br />

Antonik also pointed to success in placement with PTDI.<br />

“The school is very proud of the PTDI certification,” he said, adding that the Commercial<br />

Transportation Program boasted a 98 percent placement rate last year.<br />

PTDI puts driver training schools ahead of the curve while waiting for the proposed<br />

federal rule, Antonik said, due to the high training standard already in place at any<br />

PTDI-certified institution.<br />

“PTDI wants to help any school,” he said. “Why wait until the last minute [before a<br />

new rule is in place].”<br />

Students who undergo training that meets the “gold standard” of requirements<br />

set forth by the Professional Truck Driver Institute can be assured that<br />

they will be a top candidate for any driving position they seek.<br />

Workforce Builders Conference<br />

The <strong>Truckload</strong> Carriers Association is taking a fresh look at human resources issues with a<br />

new annual event called the WorkForce Builders Conference (WFBCON).<br />

The conference will address recruiting and engagement, fleet management, hiring and related<br />

best practices and strategic ideas and will be held at the Westin Indianapolis June 28-30, 20<strong>16</strong>, in<br />

Indianapolis.<br />

WFBCON drills deeper into the variety of issues trucking executives face as well as many of the<br />

responsibilities handled by managers including hiring and retaining drivers, diesel mechanics and<br />

office personnel, and attracting new people to the industry.<br />

“Over the past 77 years, TCA has amassed a huge wealth of knowledge on how carriers can be more<br />

operationally efficient, especially in the areas of human resources,” said Shelley Mundy, director, recruiting<br />

and retention, Cargo Transporters. She’s also the chairman of TCA’s Recruitment & Retention<br />

Human Resources Committee, which is working in conjunction with TCA staff to develop content for<br />

the conference. “We’re going to address what is happening today, focus on proven methods and best<br />

practices, and look at how the trucking industry is evolving in order to be prepared for tomorrow.”<br />

WFBCON participants will learn new strategies for driver recruiting and engagement, hiring<br />

diesel mechanics and owner-operators, staff training and certification, compensation and benefits,<br />

employee relations and technology.<br />

To register, sponsor or present at the conference, visit GrowYourWorkforce.com.<br />

44 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>-<strong>16</strong>


New Health Partner<br />

In its ongoing effort to improve the health of the nation’s<br />

professional truck drivers, the <strong>Truckload</strong> Carriers Association<br />

is partnering with Rolling Strong, a leading authority on driver<br />

wellness, to offer a new driver wellness program that will<br />

launch in January 20<strong>16</strong>.<br />

“The trucking industry is losing too many drivers to health<br />

problems that arise from a sedentary lifestyle inherent in our<br />

industry,” said TCA Chairman Keith Tuttle.<br />

The program will be called TCA Wellness.<br />

It will be powered by Rolling Strong, which will provide<br />

every participant with access to thousands of health-check<br />

stations across the country, annual bio-screenings and a drivercentric,<br />

smartphone app with practical, tested-in-the-field guidance<br />

about nutrition and exercise on the road.<br />

Participants will also receive unlimited phone support from<br />

TCA-approved, CDL health coaches who are specifically trained<br />

to work within the difficult limits that professional drivers experience<br />

every day. “The studies are alarming. Drivers are gaining<br />

weight, not exercising much and developing serious problems<br />

like sleep apnea and diabetes,” Tuttle said. “This, in turn, hinders<br />

their ability to work, meaning less money to provide for<br />

their families. From the trucking industry’s standpoint, it means<br />

fewer drivers and more recruitment costs. We see Rolling<br />

Strong as an innovative solution; their approach not only boosts<br />

driver health and fosters driver-retention, but also delivers an<br />

unprecedented return on investment for users.”<br />

The new wellness partnership will provide trucking companies<br />

with the means to establish a customized, in-house, wellness<br />

program that exactly matches their needs and perfectly<br />

fits their available budget.<br />

The baseline program, as outlined above, will cost TCA<br />

members less than two dollars per driver per month. Non-<br />

TCA-members and state associations are also welcome to<br />

Driver health and wellness has long been a major<br />

focus of the <strong>Truckload</strong> Carriers Association as evidenced<br />

by the health fairs TCA sponsors in conjunction<br />

with TravelCenters of America each year<br />

during National Truck Driver Appreciation Week.<br />

participate at a slightly higher cost.<br />

Tuttle said an exciting part of the new wellness partnership<br />

will be “Rebuilt,” a program designed by Rolling Strong tailored<br />

to drivers who fail their CDL physical or receive a short-term<br />

DOT certification card.<br />

“Rebuilt” has an 85 percent success rate for getting medically<br />

disqualified drivers back on the road within 30 days. It’s<br />

home-based and can begin on the very day a medical examiner<br />

takes a driver off the road.<br />

It includes daily coaching, in-home exercise equipment, a<br />

special 28-day food supply and, when necessary, medical referrals.<br />

In addition, the required re-testing is a covered expense.<br />

Covenant Transport, a long-time TCA member based in Chattanooga,<br />

Tennessee, has been working with Rolling Strong for<br />

some time and is very pleased with the results of their “Rebuilt”<br />

program.<br />

“It is no exaggeration to say that Rolling Strong has added<br />

thousands of dollars to our bottom line over the last few years,”<br />

said Covenant Transport President Joey Hogan. “In the present<br />

trucking economy, it can cost $8,000 to put a new driver behind<br />

the wheel, and many of us are turning away business and parking<br />

tractors because we just don’t have the drivers. The team at<br />

Rolling Strong has kept an impressive number of drivers on the<br />

road who would otherwise have been lost to us.”<br />

“Whether your company has two dozen drivers or ten thousand,<br />

it’s a real blow to lose someone with longevity and a good<br />

driving record because of medical reasons,” said Debbie Sparks,<br />

TCA vice president of development. “Besides the expense, in<br />

today’s climate only a small percentage of new hires will stay<br />

in place long enough to become worthy replacements. TCA is<br />

really looking forward to helping our members save valuable<br />

professional truck drivers via the ‘Rebuilt’ initiative.”<br />

For carriers experiencing high turnover, intervention through<br />

a CDL-designed health syllabus at orientation can be effective.<br />

Companies with an older workforce, who are seeing increased<br />

failures on CDL re-certifications due to BMI, high blood sugar<br />

and blood-pressure levels, may need to become part of the<br />

distribution mechanism for a Healthier Meals option. As a<br />

safety net, carriers can utilize the TCA Wellness monitoring and<br />

pre-physical program that will flag problems before a disqualification<br />

occurs. In short, Rolling Strong’s account executives<br />

will work with Risk Management and Human Resources to<br />

develop exactly the right wellness regime for each participating<br />

company.<br />

“Our driver wellness tools make a real difference,” said Bob<br />

Perry, also known as “The Trucker Trainer,” founder of Rolling<br />

Strong and executive director of TCA Wellness. “We have developed<br />

a comprehensive solution utilizing our CDL Wellness Coach<br />

training program making an accredited CDL wellness coach<br />

available at major terminals for three or four hours per week.<br />

This face-to-face interaction can greatly enhance driver health<br />

and support driver compliance. I’m pleased that driver health is<br />

being recognized by a well-respected transportation organization<br />

such as the TCA. This partnership allows us to stay true to<br />

our core mission, to provide professional drivers with simple<br />

lifestyle changes to maintain their livelihood and get home safe<br />

to see their families.”<br />

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TCA <strong>2015</strong>-<strong>16</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 45


Mark Your<br />

Calendar<br />

may 20<strong>16</strong><br />

>> MAY 22-24, 20<strong>16</strong> — Safety & Security Division Meeting — The<br />

Worthington Renaissance, Fort Worth, Texas. For more information, visit<br />

truckload.org or contact the TCA Meetings Department at (703) 838-1950.<br />

june 20<strong>16</strong><br />

>> JUNE 28-30, 20<strong>16</strong> — 20<strong>16</strong> WorkForce Builders Conference — The<br />

Westin Indianapolis, Indianapolis, Indiana. Find more information at<br />

truckload.org or contact TCA at (703) 838-1950<br />

July 20<strong>16</strong><br />

MARCH 20<strong>16</strong><br />

>> JULY 20-22, 20<strong>16</strong> — 20<strong>16</strong> Refrigerated Division Meeting — The<br />

Skamania Lodge, Stevenson, Washington. For more information, visit<br />

truckload.org or contact the TCA Meetings Department at (703) 838-1950.<br />

>> MARCH 6-9 — TCA Annual Convention — Wynn Resort, Las Vegas. For<br />

more information, visit truckload.org or contact the TCA Meetings Department at<br />

(703) 838-1950.<br />

Visit TCA’s Event Calendar Page<br />

online at <strong>Truckload</strong>.org and click “Events.”<br />

To our loyal readers,<br />

advertising partners and<br />

friends, we humbly and<br />

sincerely “thank you” for<br />

making <strong>2015</strong> so special.<br />

from all of us at<br />

america’s most trusted<br />

trucking news company,<br />

we wish you a merry<br />

christmas and a happy,<br />

healthy and prosperous<br />

new year.<br />

we look forward to<br />

sharing it with each of you.<br />

On news stands natiOnwide.<br />

FOr subscriptiOns Or tO advertise, call<br />

(800) 666-2770<br />

searcH: tHe trucker<br />

@truckertalk<br />

Get yOur truckinG news daily at<br />

tHetrucker.cOM<br />

46 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>-<strong>16</strong>


A phone call. A sketch. A conversation at a trade show. Ideas and passion fuel<br />

innovation. When Nussbaum engages the Wabash team, we listen and respond.<br />

Together we’ve created groundbreaking solutions, from an extreme-duty dry van<br />

trailer to a full-length, aerodynamic side skirt for improved fuel economy.<br />

“The passion and commitment of the Wabash team helps keep us out in front.”<br />

— Brent Nussbaum, CEO, Nussbaum Transportation<br />

Have an idea that will improve your operation? Call the team that<br />

welcomes big thinking. To hear more about our innovations for<br />

Nussbaum visit wabash-trailers.com/passion.<br />

W A B A S H - T R A I L E R S . C O M | 8 7 7. 4 2 9 . 5 1 8 0<br />

©<strong>2015</strong>-<strong>16</strong> © 2014 Wabash National, L.P. L.P. All All rights reserved. Wabash ® and Wabash National ® ® are are marks owned by by Wabash National, L.P. L.P.

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