Truckload Authority - Fall 2015
We take you inside the twin 33 debate and the CDL scandal that rocked California. Plus, you will meet a true American hero. It's all in this edition
We take you inside the twin 33 debate and the CDL scandal that rocked California. Plus, you will meet a true American hero. It's all in this edition
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WAA: GALA IN REVIEW | TOP ROOKIE | MEET the TCA SCHOLARSHIP WINNERS<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 />
FALL <strong>2015</strong><br />
No Higher<br />
Calling<br />
With Colonel<br />
Jack Jacobs<br />
In this issue:<br />
double vision<br />
Inside the twin 33 trailer debate<br />
fakerz<br />
The CDL scandal that has the entire<br />
industry talking<br />
sincerely held religion<br />
Respecting religion in the workplace
It’s what we call every dealer trusted with our legacy.<br />
Throughout the Americas there’s a dealer ready to serve you.<br />
And they don’t just sell trailers, they provide peace of mind.<br />
© <strong>2015</strong> Utility Trailer Manufacturing Company. All rights reserved.<br />
To find out more, call your local dealer<br />
or visit www.utilitytrailer.com.
FALL | TCA <strong>2015</strong><br />
President’s Purview<br />
Moving Forward – Growing Stronger<br />
To say that change is among the most constant factors in the trucking industry<br />
is the epitome of understatement. The survivors in our industry respond well to<br />
change, while the top operators have learned to thrive on change. When it comes to<br />
the ability to survive or thrive on change, our team members at TCA’s headquarters<br />
have proven their ability to thrive, time and again.<br />
Recently, former TCA President Brad Bentley left the association to address<br />
family obligations, and since then, our officers have formed a task force to find<br />
candidates up to the challenge of moving TCA forward. Although the vacancy in<br />
the President’s office is a temporary setback, the association retains its hallmarks<br />
of strong finances, a highly competent staff, and a solid direction for the future.<br />
Our staff has capably risen to this current challenge, thanks in large part to<br />
the guidance provided by the association’s officers and directors. Standing on the<br />
shoulders of many generations of outstanding leaders and members, our current<br />
officers and directors have proven to be amazing mentors, ensuring that the care<br />
and operation of TCA is in the best of hands.<br />
Inspired by the multi-generational family ownership at many of our member<br />
companies, our staff considers TCA members to be our own family, and the truckload<br />
industry to be our own industry, not just the place we work. The loyalty and<br />
longevity of our members is reflected in the passion and longevity of our staff,<br />
with careers at TCA and in the trucking industry spanning across decades.<br />
We remain dedicated to carrying out TCA’s mission, and to growing the organization<br />
ever stronger as we move forward.<br />
Bill Giroux<br />
Executive Vice President<br />
<strong>Truckload</strong> Carriers Association<br />
bgiroux@truckload.org<br />
Debbie Sparks<br />
Vice President, Development<br />
<strong>Truckload</strong> Carriers Association<br />
dsparks@truckload.org<br />
— Bill Giroux and Debbie Sparks<br />
PRESIDENT’S PICKS<br />
Positively Positive<br />
In spite of unexpected challenges Chairman<br />
Tuttle remains filled with enthusiasm.<br />
Page 30<br />
Inside Out Featuring Dave Heller<br />
Get to know TCA Director of<br />
Safety and Policy Dave Heller.<br />
Page 36<br />
WAA: Gala in review<br />
Third time’s the charm. Our third annual<br />
WAA Gala was a night to remember.<br />
Page 40<br />
TCA <strong>2015</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong>
<strong>Fall</strong> <strong>2015</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 />
Moving Forward – Growing Stronger<br />
by Bill Giroux and Debbie Sparks | 3<br />
LegisLative Look-in<br />
Double Vision | 6<br />
Capitol Recap | 12<br />
From Where We Sit | 14<br />
nationaL news maker sponsored by The Trucker news org.<br />
No Higher Calling with Colonel Jack Jacobs | 16<br />
tracking the trends sponsored by skybiTz<br />
Fakerz | 23<br />
<strong>Truckload</strong> Trendlines broughT To you by dAT | 27<br />
Sincerely Held Religion | 28<br />
a chat with the chairman sponsored by McLeod sofTwAre<br />
Positively Positive with Keith Tuttle | 30<br />
member maiLroom<br />
Becoming Involved | 35<br />
taLking tca<br />
Inside Out with Dave Heller | 36<br />
Wreaths Across America: Gala in Review | 40<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 />
executive vice President<br />
William (Bill) Giroux<br />
wgiroux@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 />
vice President – deveLoPment<br />
Debbie Sparks<br />
dsparks@truckload.org<br />
director, safety & PoLicy<br />
Dave Heller<br />
dheller@truckload.org<br />
first vice chair<br />
Russell Stubbs<br />
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, 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 />
sPeciaL corresPondent<br />
Cliff Abbott<br />
cliffa@thetrucker.com<br />
AdverTising And MArkeTing depArTMenT<br />
saLes director + creative director<br />
Raelee Toye Jackson<br />
raeleet@thetrucker.com<br />
TRUCKLOAD AUTHORIT Y IS<br />
UNSURPASSED.<br />
-ROBERT LOW, FOUNDER & CEO, PRIME INC.<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 />
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> 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 partner,<br />
Trucker Publications, on the representation that the advertiser, its advertising company and/<br />
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 />
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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 />
Cover Photo courtesy:<br />
Jewish Institute for National Security Affairs<br />
Associated Press: p. 14, 22<br />
Dave Heller: p. 39<br />
Department of Defense: p. 20<br />
Dickinson College: p. 22<br />
FotoSearch: p. 14, 15, 28, 33<br />
Jack Jacobs: p. 20<br />
Love is Greater: p. 31, 32, 34<br />
Additional magazine<br />
photography courtesy of:<br />
NBC News: p. 22<br />
St. Christopher Fund: p. 14<br />
TCA: p. 3, 14, 16, 17, 38, 40, 41, 42, 44, 45<br />
The Penguin Group: p. 22<br />
The Trucker News Org.: p. 6, 7, 15,<br />
23, 33, 43<br />
The White House: p. 18<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><br />
<strong>2015</strong>
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Not to mention burning up dollars and fuel as your unit is forced to work harder<br />
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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 />
Y O U R P R O M I S E I S O U R P A S S I O N
FALL | TCA <strong>2015</strong><br />
Legislative Look-In<br />
By Lyndon Finney<br />
We’ve all heard of the infamous<br />
Bermuda Triangle where a number of<br />
aircraft and ships are said to have disappeared<br />
under mysterious circumstances.<br />
All folklore, if you listen to the transportation<br />
experts, who in a 2013 study<br />
didn’t even list the triangle among the<br />
world’s most dangerous shipping lanes.<br />
But there’s another triangle that we<br />
need to tell you about because it’s not<br />
a figment of someone’s imagination and<br />
it has the potential to totally change the<br />
business model of the trucking industry<br />
and perhaps go down in infamy.<br />
At the three points of this — what we’ll<br />
call a triangular table — are truckload<br />
carriers, less-than-truckload carriers and<br />
shippers, with the latter perhaps holding<br />
the trump card.<br />
In the middle of the triangle is the battle<br />
of whether to allow twin 33-foot trailers<br />
on the nation’s highways, a five-foot<br />
increase per trailer.<br />
Some truckload carriers oppose them,<br />
LTLs covet them and the shippers are sitting<br />
by, watching anxiously to see how<br />
the battle turns out, licking their chops<br />
over the possibility of being able to move<br />
more freight for less.<br />
Outside the room looking in is a group<br />
of supporters of heavier trucks and<br />
should they succeed in their efforts, an<br />
arranged marriage could take place.<br />
More on that later, but for now, back to<br />
the triangle.<br />
For the record, the <strong>Truckload</strong> Carriers<br />
Association has remained neutral on the<br />
issue of twin 33-foot combinations, but<br />
the association’s Highway Policy Committee<br />
was set to revisit that neutrality during<br />
a meeting held in conjunction with the<br />
American Trucking Associations Management<br />
Conference and Exhibition in Philadelphia<br />
this month.<br />
The public debate about the use of<br />
longer tandem trailers visibly surfaced in<br />
February 2014 when FedEx Ground President<br />
and CEO Henry Maier told the House<br />
Transportation and Infrastructure Committee<br />
that increasing the national standard<br />
for twin trailers to 33 feet would allow<br />
carriers to absorb up to 18 percent of<br />
future freight growth without any change<br />
in gross vehicle weight or additional miles<br />
traveled on roadways.<br />
However, the genesis might have<br />
been a 2011 study conducted for Conway<br />
Inc. and FedEx Corporation by<br />
Woodrooffe Dynamics which concluded<br />
that “compared with the existing 28-<br />
foot double trailer combination, the 33-<br />
foot double trailer combination shows<br />
improved productivity, and 16 percent<br />
improved fuel use and reduced emissions”<br />
and that “for a given freight task<br />
the additional volume available in the<br />
33-foot double trailer combination will<br />
require 16 percent fewer truckload trips<br />
to complete.”<br />
For the most part, the study stated,<br />
“longer vehicles tend to have better vehicle<br />
dynamic characteristics and in general<br />
they have better safety performance.<br />
The research strongly suggested that a<br />
significant portion of the safety benefit …<br />
is related to the policies that guide their<br />
use.”<br />
Twin 33-foot proponents have been<br />
hard at work since Maier appeared on<br />
Capitol Hill and their persistence has paid<br />
off.<br />
As of today, language that would allow<br />
33-twin trailers is included in the Senate<br />
and House versions of the FY2016 Transportation,<br />
Housing and Urban Development,<br />
and Related Agencies Appropriations<br />
Act.<br />
The House has passed its version of<br />
the bill; the Senate version was approved<br />
by the Senate Appropriations Committee,<br />
but is still awaiting action from the full<br />
Senate.<br />
The twin 33-foot language was not in<br />
the original Senate bill, but was added by<br />
the committee on a narrow 16-14 vote.<br />
Neither the proposed new long-term<br />
surface transportation bill passed by<br />
the House nor the Senate version under<br />
consideration contains language dealing<br />
<strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>
“... longer vehicles tend to have better vehicle<br />
dynamic characteristics and in general they have<br />
better safety performance ...”<br />
— 2011 study conducted for Con-way Inc.<br />
and FedEx Corporation by Woodroofe Dynamics<br />
with the longer trailers, and most insiders<br />
don’t believe they ever will.<br />
However, that point will be moot if the<br />
two chambers agree on an appropriations<br />
bill and it is signed by President Barack<br />
Obama, who has already threatened to<br />
veto the bill because of all the riders that<br />
were attached.<br />
And, it’s much more likely that the appropriations<br />
bills will become law, part of<br />
a package of legislation aimed at keeping<br />
the government operating when the current<br />
FY<strong>2015</strong> extension ends December<br />
11.<br />
The loudest opposition from the truckload<br />
sector has come from a group of carriers<br />
in the form of a letter to the Senate<br />
and the Senate Appropriations Committee<br />
urging lawmakers to refrain from putting<br />
language in the Senate version to allow<br />
the longer trailers.<br />
The letter to the committee was signed<br />
by 15 executives from Celadon Trucking,<br />
Central Transport, Covenant Transport,<br />
Crete Carrier, Dupré Logistics, Gordon<br />
Trucking, Heartland Express, J.B. Hunt<br />
Transport, KLLM Transport, Knight Transportation,<br />
PITT OHIO, May Trucking, Swift<br />
Transportation, PAM Transport and USA<br />
Truck.<br />
The letter to the full Senate was signed<br />
by 18 executives.<br />
Central Refrigerated, D.M. Bowman,<br />
Kool Trans and NFI Industries added their<br />
names for the letter to the Senate.<br />
“There has not been sufficient dialogue<br />
around this measure to truly understand<br />
the unintended consequences of it,” the<br />
letter read. “Further, the U.S. Department<br />
of Transportation has just released<br />
a long-awaited comprehensive study on<br />
truck size and weight limits. The report<br />
concluded that no changes in the relevant<br />
truck size and weight laws should be considered<br />
at this time.”<br />
Critics of longer trailers say allowing<br />
33-foot trailers will forever change the<br />
business model for the trucking industry,<br />
that it will exasperate the driver shortage,<br />
that it will drive up the risk of injury of<br />
drivers, that it is a highway safety issue<br />
and it will increase the cost of doing business,<br />
especially in the area of insurance<br />
policies.<br />
There’s a sixth issue, which they view<br />
as political, because the way the appropriations<br />
bills are written. It is a federal<br />
exemption and basically takes away a<br />
state’s ability to regulate or even prohibit<br />
the longer trailers.<br />
The critics base their concerns on what<br />
those in the business for a good length<br />
of time saw happen when Congress increased<br />
the length of trailers from 48 feet<br />
to 53 feet.<br />
In those days there were a lot of carriers<br />
hauling truckload freight in double<br />
28s.<br />
Obviously there was more cargo capacity<br />
in two 28s than there was in one 48.<br />
And so the shippers demanded carriers<br />
provide them with more cargo space per<br />
load.<br />
But that didn’t mean TLs liked the<br />
double trailer situation, citing the cost of<br />
business, the safety issues and the fact<br />
that drivers didn’t like to pull them.<br />
So the industry lobbied for 53-foot<br />
trailers, Congress said OK, and the TL<br />
model became what it is today because<br />
within four years of that becoming law, a<br />
study showed 90 percent of the trucking<br />
companies were pulling 53-foot trailers.<br />
The industry had transformed itself and<br />
as someone said today if you find a 48-<br />
foot trailer it’s probably holding hay out in<br />
some pasture.<br />
Most critics view the twin 33 issue as<br />
the most divisive issue in trucking in at<br />
TCA <strong>2015</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong>
least 25 years.<br />
They say the industry is beginning to<br />
wake up to the fact that even though this<br />
has been touted as nothing more than<br />
giving a few LTL carriers more cargo capacity<br />
to haul parcel packages, it’s going<br />
to transform the industry.<br />
And if this becomes law, they believe<br />
shippers are going to begin to demand<br />
that the truckload sector convert from<br />
53-foot trailers to double 33s. Trucking<br />
companies that want to keep up and keep<br />
their business are going to have to alter<br />
their trailers.<br />
In fact, some shippers have already<br />
made inquiries about whether TL<br />
carriers intend to offer twin 33s in<br />
certain traffic lanes.<br />
And while those carriers have<br />
told shippers they will do so, it<br />
doesn’t mean they want to.<br />
Critics say shippers couldn’t give<br />
a damn about the truckload model,<br />
past, present or future.<br />
So it’s not going to be up to the<br />
trucking companies to determine<br />
if they are going to stay with the<br />
53-foot trailers or convert to the<br />
double 33s; the customers are going<br />
to drive that issue.<br />
<strong>Truckload</strong> carriers also refute<br />
the contention that LTLs won’t load<br />
twin 33s with any more weight<br />
than a conventional 53-foot single<br />
trailer.<br />
If the twin 33s can’t carry any<br />
more weight that the 53s, how is that going<br />
to play into the mix?<br />
Current truckload carrier data show<br />
that when using a 53-foot trailer, the<br />
freight is cubing out before it is weighing<br />
out in about 63 percent of the loads.<br />
So only 37 percent of the freight TLs<br />
are hauling is at 80,000 pounds, and critics<br />
say you can readily imagine that a lot<br />
of paper goods, most of the packaging<br />
for various processed foods, dry goods<br />
and freight such as that, are going to fill<br />
out a double 33 at 80,000 pounds quite<br />
frequently.<br />
With a double 33, even if the second<br />
trailer is only half full it’s still going to be<br />
hauling more freight at 80,000 than the<br />
industry is hauling today.<br />
Enter the weight issue.<br />
Legislation has been proposed that<br />
would allow a six-axle tractor-trailer combination<br />
to carry 91,000 pounds.<br />
Critics of 33-foot trailers say it’s like an<br />
arranged marriage.<br />
The two won’t meet until after they<br />
become law, but then you are really going<br />
to see a transformational change<br />
because at that point you could take<br />
double 33s and load them at 90,000<br />
pounds and make the 53-foot trailer obsolete.<br />
Critics also refute LTLs’ claims that<br />
they won’t be taking away TL freight that<br />
has to be delivered to a location off the<br />
“Based on these figures,<br />
it could cost most carriers<br />
anywhere between $8,000<br />
and $24,000, per<br />
tractor-trailer, to upgrade<br />
their equipment to haul the<br />
additional 11,000 pounds,”<br />
— Keith Tuttle and Jim Towery<br />
highway system.<br />
But they are already doing that now,<br />
the they say, citing the fact that today<br />
you see a lot of 28-foot pups delivering to<br />
locations off the highway system.<br />
To compete in the future, TLs would<br />
have to do that same thing using a 33-<br />
foot combination, but LTLs have an advantage<br />
that most TLs don’t have. LTLs<br />
have terminals all around the country.<br />
In addition to having to adapt to a new<br />
business model, critics say the length of<br />
a combination tractor-trailer with two 33-<br />
foot trailers will be astounding.<br />
Nothing in the current 33-foot legislation<br />
restricts length.<br />
Try 91 feet.<br />
That’s longer than anything on the<br />
highway today except for triples that run<br />
out West.<br />
Compare that to the length of a tractor-trailer<br />
combination with a 53-foot<br />
trailer, which is between 68-70 feet depending<br />
on the sleeper configuration.<br />
The considerably longer tractor-trailer<br />
combination will have significant safety<br />
implications for the motoring public.<br />
And there’s a new safety risk for the<br />
drivers.<br />
The connector between the twin trailers<br />
weighs about 3,000 pounds and most<br />
drivers today are not trained to use them.<br />
The highway safety implications are<br />
pretty clear, the critics say, in that despite<br />
the claims by LTLs, double trailer configurations<br />
have a higher accident rate than<br />
singles and that will just go higher as you<br />
see more and more of these combinations<br />
on the highway.<br />
TL executives believe a lot of drivers,<br />
who will have to be retrained, will walk<br />
away from the industry if they are told<br />
they are going to have to drive a tractortrailer<br />
combination with 33-foot trailers.<br />
Pulling two 33-foot trailers down the<br />
interstate with a sleeper cab will be a<br />
much different experience than any truckload<br />
driver is experiencing today.<br />
Allowing 33-foot trailers is going to be<br />
a Pandora’s box, the critics say.<br />
Shippers will take over.<br />
The shippers are already in charge and<br />
it’s that simple.<br />
TL carriers won’t have a choice.<br />
Run 33s or close the doors.<br />
And if all that is not enough, there’s<br />
the potential issue of having to fight to<br />
keep the current weight limit.<br />
Citing financial pressures that could<br />
hinder the operations of up to 90 percent<br />
of the industry’s truckload carriers, the<br />
TCA is firmly against allowing six-axle<br />
trucks to carry 91,000 pounds.<br />
The association made its position<br />
known in a letter to Rep. Reid<br />
Ribble, R-Wis., who on September<br />
10 introduced the proposed weight<br />
increase as the Safe, Flexible and<br />
Efficient (SAFE) Trucking Act.<br />
Ribble is a member of the House<br />
Transportation and Infrastructure<br />
Committee and serves on that<br />
committee’s Highways and Transit<br />
subcommittee.<br />
“The reality is that our roads are<br />
already overcrowded with families<br />
heading to school and work<br />
and trucks carrying the things we<br />
buy across the country. The U.S.<br />
population has almost doubled<br />
since our Interstate Highway System<br />
was built, and demand for<br />
freight shipping is only going up,”<br />
Ribble said. “The SAFE Trucking<br />
Act will help us safely move more<br />
of the things Americans want with fewer<br />
trucks taking up space on the road, and<br />
it is based on data to ensure that truck<br />
stopping times and pavement wear are<br />
as good or better than our current trucks.<br />
When we can increase efficiency, decrease<br />
traffic, and make everyone safer in<br />
the process, that is a win, and the SAFE<br />
Trucking Act is able to help us achieve all<br />
these objectives.”<br />
In the letter, which was signed by TCA<br />
Chairman Keith Tuttle and TCA Highway<br />
Policy Committee Chairman Jim Towery,<br />
the association said the most readily apparent<br />
equipment modification necessary<br />
for 91,000-pound/six-axle configurations<br />
would be retrofitting a trailer with a third<br />
axle.<br />
In addition to the third axle on a trailer,<br />
carriers would also need to consider<br />
trailer reinforcements, kingpin upgrades<br />
and engine improvements in order to accommodate<br />
the increased weight, the letter<br />
said.<br />
“The cost to complete a trailer retrofit<br />
varies based on a trailer’s manufacturer<br />
and its configuration for use in five-axle<br />
operations,” Tuttle and Towery told Ribble.<br />
“The approximate cost to add the extra<br />
axle and lengthen (for dry vans) or replace<br />
(for refrigerated trailers) the axle<br />
slide bar ranges between $3,000 and<br />
$4,800 per trailer. The additional axle<br />
adds between 2,000 and 2,500 pounds<br />
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to the trailer’s weight and has an average<br />
0.5 mpg negative impact on fuel economy.<br />
This is what is commonly referred to<br />
in the industry as ‘rolling resistance’ and<br />
occurs with the additional axle, regardless<br />
of whether or not the trailer is loaded.”<br />
To handle the heavier load, most carriers<br />
would have to upgrade their tractors,<br />
too.<br />
Retrofitting current tractors with<br />
the upgrades could cost approximately<br />
$10,000 per tractor, the letter said, adding<br />
that new tractors with the necessary<br />
features for the heavier weight and sixth<br />
axle would cost an additional $5,000 to<br />
$7,000 more than tractors with standard<br />
(350-400 hp) engines, with some estimates<br />
placing the premium as high as<br />
$20,000.<br />
Some carriers also might need to upgrade<br />
tire specifications, the TCA said.<br />
“Based on these figures, it could cost<br />
most carriers anywhere between $8,000<br />
and $24,800, per tractor-trailer, to upgrade<br />
their equipment to haul the additional<br />
11,000 pounds,” Tuttle and Towery<br />
said.<br />
Based on experience with prior industry<br />
shifts (maximum trailer length<br />
increasing to 53 from 48 feet, GVW<br />
increasing from 73,280 to 80,000<br />
pounds), shippers will not encourage<br />
the operation of equipment that doesn’t<br />
meet the maximum allowed size, the<br />
letter said, adding that as has happened<br />
before, maximum limits would<br />
become the norm and carriers would<br />
face tremendous pressure to adjust<br />
their equipment to accommodate the<br />
heavier weight despite the fact that they<br />
will likely never recoup the costs of the<br />
adjustment or haul loads requiring the<br />
sixth axle.<br />
“Given that carriers are unlikely to see<br />
rate increases to parallel the increase in<br />
load weights, an increase in allowable<br />
“Given that carriers<br />
are unlikely to see rate<br />
increases to parallel<br />
the increase in load<br />
weights, an increase<br />
in allowable GVW must<br />
have a low price tag,”<br />
— Keith Tuttle and Jim Towery<br />
GVW must have a low price tag,” Tuttle<br />
and Towery told Ribble. “Proponents of<br />
91,000/6 argue that allowing this configuration<br />
would not preclude any carrier<br />
from operating current configurations,<br />
yet history suggests otherwise. Despite<br />
the fact that only 10-20 percent of<br />
truckload carriers would be able to take<br />
advantage of any increase, market pressures<br />
would require all carriers to invest<br />
in new equipment in order to remain<br />
competitive and any capital investment<br />
into existing equipment would yield little<br />
to no return.”<br />
Ribble said his legislation was based on<br />
U.S. Department of Transportation safety<br />
and road wear data, and that the heavier<br />
trucks with six axles would be compliant<br />
with the existing federal bridge formula.<br />
“Our counterparts in Canada and<br />
Europe have already had success with<br />
trucks over 100,000 pounds on their<br />
roads, and in Maine, which was granted a<br />
special exception to allow heavier trucks<br />
on their roads, road deaths are at 70-<br />
year lows,” Ribble said.<br />
And so the triangular battle continues<br />
with a possible arranged wedding thrown<br />
in for good measure.<br />
Is Congress listening and more importantly,<br />
who are they listening to?<br />
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CapItol recap<br />
A review of important news coming out of our nation’s capital.<br />
By Lyndon Finney and Dorothy Cox<br />
PARKING study<br />
It should surprise no one that the recently released<br />
parking study mandated under Jason’s Law in the Moving<br />
Ahead for Progress in the 21st Century Act found<br />
that most states report a commercial truck parking<br />
shortage.<br />
Using previous studies, research and analyses from<br />
the past 20 years, the study attempted to pinpoint the<br />
greatest areas of need and also not surprisingly found<br />
the most severe shortages were in the more heavily<br />
populated areas of the Northeast and Mid-Atlantic and<br />
that metropolitan areas had less truck parking than rural<br />
locations.<br />
Of the freight corridors used by truckers the top five<br />
in terms of parking shortages were I-95; I-40; I-80; I-10<br />
and I-81.<br />
Consistent with anecdotal stories by drivers who say<br />
they have to get into truck stops as early as 3 or 3:30<br />
in the afternoon to get a spot for the night, the study<br />
found parking was more of a night issue, which the study<br />
said also correlates with predominantly daytime delivery<br />
schedules. In fact, the study showed 90 percent of drivers<br />
experienced problems finding available safe parking<br />
at night.<br />
As truckers already know, private parking sites outnumber<br />
the public ones, with more than 272,000 spots<br />
out of 300,000 documented in the study being located at<br />
private truck stops, making nearly eight private spaces for<br />
every public spot.<br />
Many states have had to cut back their budgets and<br />
rest stops often catch the brunt of such cuts while at the<br />
same time states and municipalities have had difficulty<br />
finding land that can be used for truck parking within a<br />
20-mile radius of metropolitan areas.<br />
There have been numerous news reports of towns<br />
and residential areas which don’t want truck parking in<br />
their neighborhoods, fearing the type of people they think<br />
the facilities would attract.<br />
The study showed that nearly half of the state departments<br />
of transportation reported that truckers are being<br />
forced to park on freeway interchange ramps and highway<br />
shoulders, presenting safety issues.<br />
States also responded that Hours of Service had presented<br />
some unintended consequences in complicating<br />
the parking problem.<br />
“We know truck parking has been a longstanding<br />
problem in our nation and we need new approaches to<br />
fix it,” commented U.S. Deputy Transportation Secretary<br />
Victor Mendez upon the release of the study.<br />
At the same time, DOT announced a National Coalition<br />
on Truck Parking and tasked the group with continuing<br />
to “find solutions to truck parking needs.” The Coalition<br />
comprises the Federal Highway Administration; the<br />
Federal Motor Carrier Safety Administration; the American<br />
Association of State Highway and Transportation Officials;<br />
the American Trucking Associations, the Owner-Operator<br />
Independent Drivers Association; the National Association<br />
of Truck Stop Operators and the Commercial Vehicle<br />
Safety Alliance.<br />
The Coalition was scheduled to meet in November at<br />
Washington, D.C., and FHWA is slated to set up regional<br />
meetings to compare parking problems, a news source<br />
revealed.<br />
Almost concurrent with the Department of Transportation’s<br />
long-awaited parking study (conducted by FHWA),<br />
the American Transportation Research Institute released<br />
its survey, “Commercial Driver Perspectives on Truck Parking.”<br />
It found that nearly half of drivers who participated in<br />
the survey said they would refuse to pay for reserved parking<br />
and that there seems to be a “disconnect” between<br />
drivers’ interest in reserved parking sites and their willingness<br />
to pay for them.<br />
Unlike the DOT parking study, over half the drivers in<br />
the ATRI survey said available safe parking spots are almost<br />
equally hard to find at both public and private facilities<br />
but a little over 27 percent said they use private truck stops<br />
more than public rest areas.<br />
It would seem that parking has not improved since<br />
Hope Rivenburg, the widow of Jason Rivenburg, the murdered<br />
trucker for whom Jason’s Law was named, conducted<br />
her own driver survey in 2013.<br />
Among those findings were that 39 percent of the drivers<br />
who participated said it takes them an hour or longer<br />
to find parking and that 88 percent over the past year had<br />
felt unsafe where they parked, with 36 percent saying they<br />
felt safer at a shipper and receiver lot than at truck stops<br />
or rest areas.<br />
FMCSA<br />
There’s a phrase commonly found in the military<br />
that goes something like this: “Hurry up and wait.”<br />
It’s a phrase that depicts the day-to-day grind of soldiers<br />
where they have to “hurry up” to point B only to have<br />
to wait hours for the event to occur.<br />
It’s a phrase that also applies to anything that requires<br />
you to be on time but does not start for a good while.<br />
And, it’s a phrase that seems to have been adopted<br />
by the Department of Transportation with respect to the<br />
eagerly-awaited publication of the Final Rule on electronic<br />
logging devices and the Notice of Proposed Rulemaking<br />
on Heavy Vehicle Speed Limiters.<br />
The latter is a joint effort of the Federal Motor Carrier<br />
Safety Administration and the National Highway Traffic<br />
Safety Administration.<br />
Original timetables would have had both published<br />
prior to October.<br />
The ELD rule is set for publication October 30, according<br />
to the latest DOT rulemaking report.<br />
That same report lists the publication date for the<br />
speed limiters’ NPRM as September 21, which obviously<br />
didn’t occur.<br />
Sources told <strong>Truckload</strong> <strong>Authority</strong> that one possible<br />
— and potentially good — reason for the delays is the fact<br />
that FMCSA Acting Administrator T. Scott Darling is awaiting<br />
a confirmation hearing before the Senate Commerce,<br />
Science and Transportation Committee and traditionally,<br />
political appointments go silent between the time they are<br />
appointed and confirmed.<br />
Obviously, Darling needs to be able to talk about both<br />
rules when they are published.<br />
DOT records show the ELD rulemaking project was<br />
first initiated on August 26, 1994; the speed limiter rulemaking<br />
process is much younger, having been initiated<br />
May 29, 2013.<br />
On another subject of great and overwhelming interest<br />
to the trucking industry, FMCSA recently announced it had<br />
completed the data collection phase of the Congressionally-mandated<br />
“naturalistic study” of the operational, safety,<br />
health and fatigue impacts of two provisions of the Hours<br />
of Service restart regulations.<br />
The FMCSA said the study team collected data to<br />
compare five-month work schedules of drivers to assess<br />
safety critical events (e.g., crashes, near-crashes,<br />
and crash-relevant conflicts), operator fatigue/alertness<br />
and short-term health outcomes of drivers who operate<br />
under the HOS restart provisions in effect between July<br />
1, 2013, and December 15, 2014, and those drivers<br />
who operate under the provisions in effect prior to July<br />
1, 2013.<br />
More than 220 participating drivers contributed data as<br />
they drove their normal, revenue-producing routes, including:<br />
• More than 3,000 driver duty cycles, as captured by<br />
electronic logging devices<br />
• More than 75,000 driver alertness tests, and<br />
• More than 22,000 days of driver sleep data.<br />
Data analysis has begun and the agency is working<br />
toward completing the final report by the end of the year.<br />
The restart rule implemented July 1, 2013, and subsequently<br />
suspended last December, will remain suspended<br />
until the study has been presented to Congress.<br />
What happens once the report has been presented to<br />
Congress and the results verified by the DOT’s Office of<br />
the Inspector General has yet to be determined, according<br />
to a spokesperson for the FMCSA.<br />
HIGHWAY bILL<br />
In the last issue of <strong>Truckload</strong> <strong>Authority</strong>, we told you<br />
at that time we’d hoped to fill you in on that shiny new,<br />
long-term, fully-funded, signed-into-law surface transportation<br />
issue, but, we added, it might have to wait until<br />
the next issue, or the next, or …<br />
Well, the next issue is here, and we have nothing<br />
new to report, except that a couple of non-trucking<br />
issues have popped up since last issue, things that<br />
might delay progress on a highway bill, specifically<br />
the debate over funding for Planned Parenthood and<br />
the resignation of House Speaker John Boehner, who<br />
has been under mounting pressure from House con-<br />
12 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>
servatives over Planned Parenthood’s use of fetal tissue.<br />
Nothing has changed since we last reported to you with respect to the long-term<br />
surface transportation bill situation.<br />
The Senate version, which passed several weeks ago, is in the can, so to speak,<br />
awaiting a long-term bill from the House.<br />
Rep. Bill Shuster, chairman of the House Transportation and Infrastructure Committee,<br />
has reported he’s working on the bill, but as of press time, he was still trying<br />
to figure out the details.<br />
Meanwhile, in mid-September, Shuster said Congress may need to pass shortterm<br />
extensions authorizing the Highway Trust Fund and Federal Aviation Administration<br />
funding in the next few weeks.<br />
He said at that time he expected his committee would approve his long-term solution<br />
in September, but admitted that may not provide time to work out a deal with the<br />
Senate.<br />
September has come and gone and the transportation industry is still waiting on<br />
the bill. The second extension of MAP-21 expires October 29. Authorization for the<br />
FAA expired September 30.<br />
“We are going to have to do a short-term extension … on FAA and probably on<br />
[the] highway [bill],” Shuster said.<br />
Shuster’s legislation, when it does come, will not address how to pay for the road<br />
projects.<br />
That will be the responsibility of the House Ways and Means Committee, whose<br />
Chairman, Paul Ryan, R-Wis., is working on a plan to raise revenue through repatriation<br />
of overseas profits of international corporations.<br />
So here we sit, still waiting for something concrete to report.<br />
President Barack Obama wants a totally funded, long-term surface transportation bill.<br />
Transportation Secretary Anthony Foxx wants a totally funded, long-term surface<br />
transportation bill.<br />
Acting Federal Motor Carrier Safety Administration Administrator T. Scott Darling<br />
wants a totally funded, long-term surface transportation bill.<br />
So does Sen. John Thune, chairman of the Senate Commerce, Science and Transportation<br />
Committee; Shuster; the American Trucking Associations; the <strong>Truckload</strong> Carriers<br />
Association; the Owner-Operator Independent Drivers Association; the National<br />
Association of Small Trucking Companies; the Coalition of Northeast Governors; the<br />
Teamsters Union; the Advocates for Highway and Auto Safety; the millions of professional<br />
truck drivers who drive along crumbling rural highways only to run into massive<br />
traffic jams in large metropolitan areas; and numerous others.<br />
The only problem is that there are widely differing ideas of what a long-range, wellfunded<br />
bill should look like.<br />
It’s sort of like ordering steak at a restaurant.<br />
Do you want round, prime rib, ribeye, brisket, skirt, T-bone, porterhouse or filet<br />
mignon and do you want it well done, medium well, medium, medium rare or rare?<br />
Meanwhile, lawmakers found their inboxes full of transportation-related information<br />
when they returned to work after the Labor Day recess, including but not necessarily<br />
limited to:<br />
• A study by INRIX and the Texas A&M Transportation Institute revealing that travel<br />
congestion and delays this year are causing drivers to waste more than 3 billion gallons<br />
of fuel and kept travelers stuck in their cars for nearly 7 billion extra hours — 42 hours<br />
per rush-hour commuter. The total nationwide price tag according to the scorecard:<br />
$160 billion, or $960 per commuter. Washington, D.C., tops the list of gridlock-plagued<br />
cities with 82 hours of delay per commuter, followed by Los Angeles (80 hours), San<br />
Francisco (78 hours), New York (74 hours), and San José, California, (67 hours).<br />
• Delays in approving infrastructure projects cost the nation more than twice what<br />
it would cost to fix the infrastructure, according to a new report released by Common<br />
Good, a nonpartisan government reform coalition. Those approvals can take a decade<br />
or longer, and the report shows that a six-year delay in starting construction on public<br />
projects costs the nation over $3.7 trillion, including the costs of prolonged inefficiencies<br />
and unnecessary pollution.<br />
• New estimates released recently by the U.S. Department of Transportation’s Federal<br />
Highway Administration (FHWA) show that U.S. driving topped 1.54 trillion miles<br />
in the first half of <strong>2015</strong>, beating the previous record — 1.5 trillion — set in June 2007.<br />
This is more than double the amount driven during the same period in 1981, continuing<br />
a trend of America’s driving mileage doubling nearly every generation. The new<br />
data, published in FHWA’s latest “Traffic Volume Trends” report, a monthly estimate of<br />
U.S. road travel, show that 275.13 billion miles were driven last June, the most ever in<br />
June of any year and the highest VMT for the first half of any year — reaffirming calls<br />
for increased investment in transportation infrastructure as demand on the nation’s<br />
highway system grows.<br />
Stay tuned … and enjoy your steak.<br />
Smart Tips for Picking the<br />
Right E-Log Provider<br />
J. J. KELLER’S ELD INSIGHTS<br />
Whether you’re researching E-Log systems to comply with FMCSA’s E-Log<br />
mandate, or to improve the compliance and performance of your fleet,<br />
selecting the right E-Log system means asking the right questions of<br />
E-Log providers.<br />
Selecting the Right Provider<br />
Regardless of the size of your fleet, RFPs are a great way to efficiently research<br />
and compare the operational details of E-Log providers and their systems. To<br />
uncover these details, you’ll want to ask questions covering areas such as the<br />
following examples as:<br />
Company Information<br />
• How many technology employees directly support the E-Log system<br />
within the company?<br />
• How many on-staff regulatory experts support the E-Log system?<br />
Regulatory Compliance<br />
• Does the E-Log system have the capability to automate Hours of Service<br />
for logging drivers and short-haul drivers?<br />
• What notifications will drivers receive when they are approaching a<br />
mandatory break from driving?<br />
Security & Technology<br />
• What redundancy plans are in place in the event of a system failure?<br />
• What smart devices are compatible with the ELD system?<br />
Customer Service & Support<br />
• What is your customer service operations philosophy?<br />
• Is remote technical service available to drivers 24/7?<br />
The Right Way to Write RFPs<br />
While RFPs are an excellent way to collect details from potential E-Log<br />
partners, it’s a big job. You can make the RPF process less stressful and more<br />
successful by remembering a few simple tips:<br />
Do:<br />
• Set a reasonable timeframe for E-Log providers to return the RFP; most<br />
because most require a few weeks to complete.<br />
• Make the RFP a significant factor for picking an E-Log provider, but not<br />
the deciding factor. You’ll want to meet one-on-one with providers to get<br />
a clearer picture of their capabilities.<br />
Don’t:<br />
• Let a negative answer eliminate a potential E-Log provider; there are<br />
often many ways technology can accomplish your goal.<br />
• Have only one person create the RFP. It should be a collective process.<br />
By following these tips, you’ll be better prepared to pick the<br />
right E-Log partner. You can even download J. J. Keller’s<br />
free list of 101 critical questions to ask E-Log providers<br />
at JJKeller.com/RFPquestions.<br />
To learn about the J. J. Keller® Encompass® E-Log system, see the ad<br />
in this publication, visit JJKellerELogs.com, or call 855.693.5338.<br />
with E-Logs<br />
TCA <strong>2015</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 13
From Where We Sit<br />
“We are going to have to do a short-term extension.”<br />
— Rep. Bill Shuster, chairman of the House Transportation and Infrastructure Committee speaking<br />
about the inability of Congress to pass a new surface transportation bill before the current extension<br />
of MAP-21 expires October 29.<br />
“We know truck parking has been a longstanding problem in our nation and we need<br />
new approaches to fix it.”<br />
— U.S. Deputy Transportation Secretary Victor Mendez commenting on the first public<br />
release concerning the Congressionally-mandated truck parking study.<br />
“Applicants have bribed examiners or entire schools to present false test<br />
results that would enable their students to receive passing scores” and<br />
“weaknesses in FMCSA’s oversight have resulted in hundreds of fraudulently<br />
issued CDLs across multiple states.”<br />
— The General Accounting Office in its report on FMCSA oversight of state DMVs.<br />
“Remember, religious beliefs not only include theistic beliefs (those who<br />
profess a belief in God), but non-theistic moral or ethical beliefs about what is right or<br />
what is wrong.”<br />
— Attorney Howard Kastrinsky during a TCA webinar on Accommodating<br />
Employee Religious Practices in the Trucking Industry.<br />
“It is vitally important that we as leaders in the trucking industry do<br />
everything possible to protect the health and wellness of the men and<br />
women who are the backbone of the mode of transportation Americans<br />
depend on to move most of the nation’s freight.”<br />
— Debbie Sparks, TCA vice president of development on the way trucking<br />
should support the St. Christopher Fund.<br />
“You’re talking to someone who believes in universal service. I think<br />
everybody who is lucky enough to live in a free country owes it something<br />
in the form of service.”<br />
— Col. Jack Jacobs (Ret.), addressing the third annual TCA Wreaths<br />
Across America Charitable Gala in Washington, D.C.<br />
14 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>
“I’ve always loved driving. I think I got it from<br />
my mom. She loved to drive. It gets in your<br />
veins.”<br />
— Fred Weatherspoon, Trucking’s Top Rookie.<br />
“It was warm, it was nice, the people were great. You never met a<br />
mean person in trucking. You always felt welcome in anything you<br />
did, so you just automatically knew you had a home.”<br />
— Dave Heller, TCA director of safety and policy on the culture<br />
he found when he joined the trucking industry.<br />
“With the Pope in town, it was a little tricky<br />
getting here, but it was worth it.”<br />
—TCA Chairman Keith Tuttle on navigating the streets of<br />
Washington, D.C., during the Wreaths Across America Gala.<br />
“When I looked at the new entry-level driver<br />
training information coming from the federal<br />
government’s consortium on what CDL students should know,<br />
I was not nervous. I already do all of what they will require<br />
because of the Professional Truck Driver Institute.”<br />
— Tina Frindt, director of Northampton Community College on how PTDI recertification<br />
has helped her school prepare for new entry-level driver training standards.
W i t h j a c k j a c o b s<br />
No Higher<br />
Calling<br />
By Lyndon Finney<br />
Jack Jacobs briskly approached the podium.<br />
Once nestled in place behind the lectern, he virtually disappeared save for his head, reminiscent of the days 47 years<br />
ago when he was wading through the Mekong River in Vietnam with water up to his neck.<br />
His tuxedo covered the scars of hand-to-hand combat against an enemy who in retrospect probably had more will to<br />
win than the South Vietnamese, the very army that Jacobs and thousands of others like him had gone to support in an<br />
effort to thwart the spread of communism.<br />
And as his face appeared over the lectern, it was hard to see what remained of the scars he suffered when shrapnel<br />
pierced his face and skull during a fire fight with the Viet Cong in March 1968.<br />
“I’m delighted to be here, although at my age, I’m delighted to be anywhere,” Jacobs told the audience of trucking<br />
industry stakeholders assembled for the third annual <strong>Truckload</strong> Carriers Association Wreaths Across America Charitable<br />
Gala. “It’s very disconcerting to be behind an opaque lectern because I’m pretty well convinced nobody can see me at<br />
all.”<br />
He continued to poke fun at himself and his just a little less than 5-foot-4-inch frame.<br />
“When I told everybody back in my hometown I was going to join the Army, they said, ‘You shouldn’t join the<br />
Army, it’s for adult-sized human beings.’”<br />
Holding his fingers an inch apart, he continued. “Of course when all the shrapnel and bullets start flying around,<br />
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everybody tries to be this big.”<br />
In reality, his size belies that of a man who<br />
was an advisor to the South Vietnamese Army<br />
during one of the fiercest battles of the Tet Offensive,<br />
and it quickly becomes obvious during<br />
an interview and from reading his book, “If Not<br />
Now, When? Duty and Sacrifice in America’s<br />
Time of Need,” that there is no way his willpower<br />
nor his heart — let alone his persistent stubbornness<br />
— could possibly fit into that svelte<br />
70-year-old body.<br />
There is no question that this retired Army<br />
Colonel is a true American hero, and he was<br />
peering over that lectern as one of less than<br />
100 Medal of Honor winners thanking TCA<br />
and its members for supporting Wreaths<br />
Across America (in addition to the Medal of<br />
Honor, he’s also the recipient of two Silver<br />
Stars, three Bronze Stars, and two Purple<br />
Hearts).<br />
“What you are doing is making sure people<br />
do not forget,” he said. “I grew up in New York<br />
City at the end of the second World War. In my<br />
neighborhood every single family had contributed<br />
something to the defense of the Republic.<br />
I had friends whose fathers were missing eyes<br />
and legs and arms. I had friends who had no<br />
fathers at all because of the war. I grew up in<br />
an environment where the entire nation contributed<br />
to its defense.<br />
“Think about it today,” he said with growing<br />
passion. “Most Americans do not know<br />
anyone in uniform, literally. Less than one half<br />
of 1 percent of the Republic is in uniform as<br />
President Richard Nixon presents then Captain<br />
Jack H. Jacobs the Medal of Honor during<br />
a White House ceremony October 9, 1969.<br />
we speak and as we enjoy ourselves. As we<br />
and our families try to be prosperous there are<br />
people out there defending us and our interests<br />
and the interests of future generations because<br />
they volunteered to do so. We have decided to<br />
outsource the defense of the Republic to a very<br />
small group of men and women who are willing<br />
to do it on our behalf. And we should never<br />
ever forget them; we should never forget their<br />
exertions and we should never forget those<br />
who came before us who gave us the freedom<br />
that we enjoy today.”<br />
Jacobs’ passion comes in part — or maybe<br />
even mostly — from the fact that more than<br />
58,000 of his comrades lie in graves in cemeteries<br />
around the United States.<br />
Since it happened some 50 years ago, maybe<br />
a little primer is due.<br />
The Vietnam War was a long, costly, armed<br />
conflict that pitted the communist regime of<br />
North Vietnam and its southern allies, known<br />
as Viet Cong, against South Vietnam and its<br />
principal ally, the United States, for total control<br />
of the country.<br />
The divisive war, increasingly unpopular at<br />
home, ended with the withdrawal of U.S. forces<br />
in 1973 and the unification of Vietnam under<br />
communist control two years later. More than 3<br />
million people, including the 58,000-plus Americans,<br />
were killed during the conflict.<br />
Jacobs spent his younger days in the<br />
Queens section of New York City, raised by<br />
parents who he said had parenting objectives<br />
that were simple and unambiguous: develop<br />
seriousness of purpose and a strong sense of<br />
responsibility.<br />
“It was unfortunate, though, that my sense<br />
of responsibility took some years to develop,<br />
and I was at best a difficult, recalcitrant and<br />
recidivist inmate of the prison of childhood,” he<br />
wrote in his book.<br />
He says he was something of an undisciplined<br />
character, always pushing the envelope<br />
of deportment, particularly in school.<br />
His idea of having a good time was to get<br />
the other children to laugh, and since he was<br />
often bored, he spent most of his time in disruptive<br />
behavior.<br />
As one can imagine, that made life miserable<br />
for his teachers.<br />
He recalled his antics finally getting the best<br />
of his fourth grade teacher, who, not trusting<br />
him to transport bad news, sent a letter<br />
through the mail to his parents.<br />
When the young Jacobs got home that afternoon,<br />
his mother shoved the letter under his<br />
nose. It began,<br />
Dear Mr. and Mrs. Jacobs,<br />
Today was the last straw—<br />
He says that was the last thing he remembered<br />
“since my mother commenced to administer<br />
what the teachers legally could not: a professionally<br />
executed right cross. I’m not a fan<br />
of corporal punishment, but I must admit that I<br />
deserved every licking I got — and also quite a<br />
few I never received,” he wrote in his book.<br />
But the young rebel rouser finally settled<br />
down, graduated high school and made the<br />
decision that would ultimately fashion his military<br />
career.<br />
He decided to attend Rutgers University<br />
where he enrolled in the ROTC program, motivated<br />
by a powerful notion that everyone had<br />
an obligation to make some contribution to the<br />
defense of the Republic (a notion that perhaps<br />
is even stronger today) and the fact that he<br />
would get a $27 monthly stipend.<br />
“For some students, the disadvantage of<br />
having to spend two years in the Army after<br />
graduation was sufficient motivation to quit the<br />
program, but for those of us who found military<br />
service to be an honorable endeavor, getting<br />
even paltry wages was a magnificent bonus,”<br />
he says today.<br />
But as he neared the day he would graduate<br />
with a degree in political science, Jacobs had<br />
no clue what he was going to do for a career.<br />
He knew he had two years ahead of him in<br />
the Army Reserve, but he wouldn’t report for<br />
active duty until the following year.<br />
The next best option was to join the Army<br />
immediately, which he did as a second lieutenant.<br />
Over the course of the next 21 years, Jacobs’<br />
persistent, stubborn personality would<br />
help him argue his way out of repeated assignments<br />
he abhorred (read the book; the list of<br />
arguments he won are too numerous to print<br />
here), including working at the Pentagon, and<br />
enabled him to do something that went against<br />
the code. Medal of Honor winners are not supposed<br />
to go back into war on a second deployment,<br />
but Jacobs finagled his way back to<br />
Vietnam, where he found things quite different<br />
than the first time he was there.<br />
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Ready for combat in Vietnam in 1967<br />
Official Department of Defense photo taken<br />
just after the White House ceremony.<br />
With South Vietnamese friend at<br />
base camp Cao Lanh in 1967<br />
But it was one argument he didn’t win that<br />
would ultimately lead him to his first assignment<br />
in Vietnam.<br />
As a young platoon leader in the 82nd Airborne<br />
Division at Fort Bragg, North Carolina,<br />
his battalion commander decided Jacobs should<br />
become an S-3 Air, which in essence would put<br />
him in charge of training.<br />
He was about to become what he considered<br />
a bureaucrat — desk jockey if you will<br />
— and he wanted to remain a platoon leader.<br />
When he told the battalion commander he<br />
didn’t want to be an S-3 Air he was met with a<br />
resounding “What?! Get the hell out of here.”<br />
In the early spring of 1967, the entire brigade<br />
of the 82nd received orders to join the<br />
fray in Vietnam.<br />
“Ah,” he thought, “Now, I’m going to get<br />
to be serving with an elite organization, the<br />
dream of every infantry solider.”<br />
But alas, he found out that he was going to<br />
be an advisor to the Army of the Republic of<br />
Vietnam and on March 9, 1968 — at 22 years<br />
old — he was second in command of ARVN’s<br />
2nd Battalion, 16th Infantry Regiment, 9th Infantry<br />
Division, which was engaged in combat<br />
in the Mekong Delta.<br />
While initially disappointed, he would later<br />
write that day:<br />
“There are three other Americans serving<br />
as advisors with these Vietnamese soldiers, but<br />
we aren’t temporary interlopers. The 2nd of the<br />
16th is our battalion. We live with the Vietnamese,<br />
share their meager rations, fight at their<br />
side, call them friends, and watch them bleed<br />
and die.”<br />
More on that fateful March 9 in a bit, but<br />
first another history lesson.<br />
America was sharply divided about the conflict<br />
in Vietnam, which escalated when in 1964<br />
a unanimous House of Representatives and all<br />
but two members of the Senate voted to approve<br />
the Gulf of Tonkin Resolution.<br />
One of the sponsors of the resolution was<br />
Arkansas Sen. J. William Fulbright, chairman of<br />
the Senate Foreign Relations Committee.<br />
But Fulbright, a Democrat like then President<br />
Lyndon Johnson, turned against the administration<br />
and probably was the most vocal<br />
critic of the war.<br />
“Many senators who accepted the Gulf of<br />
Tonkin Resolution without question might well<br />
not have done so had they foreseen that it<br />
would subsequently be interpreted as a sweeping<br />
Congressional endorsement for the conduct<br />
of a large-scale war in Asia,” he said.<br />
Fulbright held several series of hearings on<br />
the Vietnam War. Many of the earlier hearings<br />
in 1966 were televised to the nation in their<br />
entirety (a rarity in the pre–C-SPAN era).<br />
So while the troops were fighting the North<br />
Vietnamese army and the Viet Cong, thousands<br />
of miles away Americans were rioting and protesting<br />
against the war.<br />
Young men were doing everything possible<br />
to dodge the draft, which was a focal point of<br />
much of the opposition to the war, Jacobs says<br />
now.<br />
“I think the reason is we had a draft,” he<br />
said. “You’re talking to someone who believes<br />
in universal service. So I think everybody who<br />
is lucky enough to live in a free country owes<br />
it something in the form of service. We really<br />
love the troops today. But you know why that<br />
is, because we don’t have to be the troops<br />
today. I think if we had had a draft in the last<br />
12-14 years, there would have been riots in the<br />
streets the same way there was in 1968-69. I<br />
think we’ve made a big mistake in outsourcing<br />
the defense of the Republic to less than one<br />
half of 1 percent of the public who is willing to<br />
shoulder the burden of it. That’s a big mistake.<br />
That’s the reason they were all upset about it<br />
because they had to serve. And if you made<br />
them serve today, they’d be upset about it<br />
now. And it’s only because we have a volunteer<br />
military that people aren’t rioting out in the<br />
streets about it.”<br />
In Vietnam, the U.S. troops, even though<br />
they were aware of what was going on back<br />
home, went about business undeterred.<br />
“The large majority of U.S. troops, even if<br />
they were drafted against their will, thought<br />
everybody back home was stupid,” Jacobs said<br />
in an interview. “Don’t forget, these are guys<br />
who didn’t want to be in service, they were<br />
drafted into the service, they were forced into<br />
the service, they were in combat where they<br />
don’t want to be and had they not been in uniform<br />
they would have been back there in the<br />
middle of the protests.”<br />
But putting those feelings aside, the American<br />
troops fought toe-to-toe with the enemy<br />
almost continuously.<br />
Americans, Jacobs said, were not necessarily<br />
worried about being in combat per se, but rather<br />
were worried about whether they would be able<br />
to conduct themselves honorably in combat.<br />
“You were among your buddies and you<br />
were all in it together and I think people were<br />
worried they wouldn’t be able to do the job<br />
they were supposed to do,” he said. “And this<br />
is whether they were dragooned into the Army<br />
or they had volunteered. They were worried<br />
whether in the crucible of war they would be<br />
able to do what they had to do. And the good<br />
news is that almost all of them did.”<br />
Including Jacobs, who on that fateful day in<br />
March 1968 found himself and his troops in one<br />
of those toe-to-toe combat situations.<br />
Let him tell the story.<br />
“We had been in contact with a large Viet<br />
Cong unit for the duration of the Tet Offensive.<br />
And then they broke contact, and if you’ve<br />
spent any time in combat you know if you<br />
have the bad guys on the rope, you don’t want<br />
them to break contact; you have to chase after<br />
them. We got some intelligence they were<br />
in a specific place and the province to which<br />
we were attached mounted a big operation to<br />
go get the bad guys. We landed at dawn from<br />
boats on the north shore of the Mekong River<br />
and moved inland due north. The Vietnamese<br />
43rd Ranger division was inserted to the east<br />
by helicopter and they were to move west<br />
and we were going to converge on this point<br />
where we thought the bad guys were. But we<br />
ran into a gigantic ambush. And the reason is<br />
the enemy had a spy in the province chief’s<br />
headquarters and they knew when we were<br />
coming and where we were going. They knew<br />
everything and they had three days to set up<br />
a huge L-shaped ambush and they let us get<br />
within about 50 meters of their position and all<br />
hell broke loose.<br />
“The plan had been for the unit to pick its<br />
way slowly and tentatively from one tree line<br />
to another across wide open rice paddies that<br />
would give any hidden enemy unobstructed<br />
fields of fire onto our unit.”<br />
Of course, the friendly guys had no idea the<br />
spy had tipped off the Viet Cong and as Jacobs<br />
and his troops neared the safety of the tree<br />
line, 300 Viet Cong opened fire.<br />
Suddenly the universe erupted with rifle and<br />
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machine gun fire and in seconds dozens of soldiers were thrown to the<br />
ground by the enormous energy of high-powered fire.<br />
All around him, Jacobs heard the sickening thumps of bullets as they<br />
hit the flesh and bones of his comrades.<br />
“We lost about 75 guys who were killed and wounded in the first 10<br />
seconds,” he recalled recently.<br />
As the firefight raged on, Jacobs suddenly found himself in a lake of<br />
blood.<br />
An 82-millimeter mortar round had smashed into the ground a<br />
couple of meters away from him, killing two soldiers nearby, wounding<br />
Jacobs, how holding the rank of captain, and his NCO Ray Ramirez, and<br />
killing two or three more soldiers behind him.<br />
Shrapnel had torn through Jacobs’ face and into his skull.<br />
He could only see out of one eye, his field of vision reduced to the<br />
width of a knife and he was functioning as a blind man.<br />
He made an effort to thwart the Viet Cong’s advance with limited<br />
success.<br />
Finally, his focus changed.<br />
“My mission is simple: get as many of the wounded out of the open<br />
as I can and prevent the enemy from swarming our little position,” he<br />
would later write in his book.<br />
In his initial efforts to do that, he lost three more men to enemy fire.<br />
Now he felt alone with his wounded and the enemy soldiers trying to<br />
kill them.<br />
Convinced that he wouldn’t survive, he was relaxed and ready to accept<br />
the end and would later say that it was the inevitability of mortality<br />
that helped him overcome his fear.<br />
Suddenly, he recalled a famous anecdote that he was taught years<br />
before, a saying of the first-century Jewish sage Hillel the Elder.<br />
A rich man had come to consult Hillel, telling the Rabbi that despite<br />
all he gives to the poor, they ask for more. What should he do, he asks<br />
the Rabbi.<br />
Rabbi Hillel answers the man with a series of his own questions:<br />
“If I am not for myself, who will be for me?”<br />
“And if I am only for myself, then what am I?”<br />
“And if not now, when?”<br />
With continuous fire coming from a large number of Viet Cong, he<br />
was scared, but refused to focus on the danger. Instead, he was thinking<br />
only of the voice of Hillel reaching across two thousand years: “Jacobs,<br />
if not you, then who? And if not now, then when?”<br />
So he swung into action.<br />
His Medal of Honor citation tells the rest.<br />
“Despite profuse bleeding from head wounds which impaired his<br />
vision, Capt. Jacobs, with complete disregard for his safety, returned<br />
under intense fire to evacuate a seriously wounded advisor (Ramirez) to<br />
the safety of a wooded area where he administered lifesaving first aid.<br />
“He then returned through heavy automatic weapons fire to evacuate<br />
the wounded company commander. Capt. Jacobs made repeated<br />
trips across the fire-swept open rice paddies evacuating wounded and<br />
their weapons. On three separate occasions, Capt. Jacobs contacted<br />
and drove off Viet Cong squads who were searching for allied wounded<br />
and weapons, single-handedly killing three and wounding several others.<br />
His gallant actions and extraordinary heroism saved the lives of<br />
one U.S. advisor and 13 allied soldiers. Through his effort the allied<br />
company was restored to an effective fighting unit and prevented defeat<br />
of the friendly forces by a strong and determined enemy.”<br />
“In the end we prevailed, although I got medivacked before it ended,”<br />
Jacobs said in a recent interview. “But I tried real hard to save the<br />
good guys and kill the bad guys.”<br />
After he returned to the United States, the Army gave Jacobs permission<br />
to return to Rutgers to earn his master’s degree.<br />
In 1972 as he was preparing to graduate, he was offered a teaching<br />
position at West Point, but he wouldn’t be needed there until 1973, so<br />
the Army decided to send him to Korea for a year.<br />
By now you can probably figure out how that assignment settled<br />
with Jacobs.<br />
He finally talked his way into another assignment in Vietnam, but<br />
was told no combat.<br />
So back to Vietnam he went, and sure enough, it wasn’t long before<br />
he’d figured out a way to get back on the front lines.<br />
He found Vietnam vastly different in 1972.<br />
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In October 2008, the Penguin<br />
Group published Jacobs’ memoir,<br />
“If Not Now, When?: Duty and Sacrifice<br />
In America’s Time of Need,”<br />
coauthored with New York Times<br />
best-selling author, Douglas Century.<br />
The book won the 2010 Colby<br />
Award, recognizing a “first work of<br />
fiction or nonfiction that has made a<br />
significant contribution to the public’s<br />
understanding of intelligence<br />
operations, military history, or international<br />
affairs.” It is available at<br />
bookstores and online retailers.<br />
Col. Jack Jacobs preparing<br />
to talk with ROTC students<br />
at Dickinson College in<br />
Carlisle, Pennsylvania<br />
“We were fighting an unconventional<br />
war, but fighting it in mostly<br />
conventional terms and that didn’t<br />
work out very well,” Jacobs said.<br />
“And we were doing it in support<br />
of a government that was corrupt<br />
in many instances. You could buy<br />
your way out of military service. There was not a great deal of support<br />
for the government and we thought that we could overwhelm the bad<br />
guys with technology and so on but that turned out not to be the case.<br />
And if it sounds familiar that 50 years later [in Iraq and Afghanistan]<br />
we’re trying to do the same thing, it indicates that we haven’t learned a<br />
great deal from our military experience in Vietnam.”<br />
In the end, despite all the loss of life, North Vietnam prevailed, capturing<br />
Saigon, the capital of South Vietnam, in 1975.<br />
Did the South Vietnamese Army really have the willpower to prevent<br />
the North Vietnamese from taking over?<br />
“Well the troops did, but the people at the highest echelons, not necessarily,”<br />
said Jacobs, who retired as a colonel in 1987 and has had a<br />
successful post-military business career and serves as a military analyst<br />
for NBC News. “I think they wanted to do what they could get away with<br />
and still accomplish the mission but because there was so much corruption<br />
they were not particularly strategically competent and the population<br />
didn’t necessarily have the willpower and the Americans didn’t have<br />
the willpower to stick around there.<br />
“For instance, we decided we were going to bomb the North, then we<br />
weren’t going to bomb it and we started, then we stopped again. We had<br />
no actual strategy, there. But the South Vietnamese government didn’t<br />
either. So you had two allies who didn’t have a very good strategy or<br />
who had no strategy at all whereas the North had a strategy. They knew<br />
exactly what they wanted to accomplish and were willing to do anything<br />
in order to accomplish it. You know if you’re in that situation, by and<br />
large the guys with the willpower to get it done and have the strategy<br />
that is workable are the people who win.”<br />
Just as Col. Jack H. Jacobs had a strategy and the willpower on March<br />
9, 1968, to muster the strength, despite being seriously wounded, to get<br />
as many of his men as he could to safety, thus saving the lives of one<br />
U.S. advisor and 13 allied soldiers.<br />
Col. Jack Jacobs in his role as a military analyst for NBC News, shown here appearing<br />
with Willie Geist on the “Today Show” on Memorial Day <strong>2015</strong>. Jacobs has twice<br />
been nominated for an Emmy and was a recipient of the 2011 Murrow Award for<br />
his work on the Nightly News segment “Iraq: The Long Way Out.”<br />
And that’s an order!<br />
As a strong believer in developing a strategy instead of<br />
just employing tactics, Medal of Honor winner Jack Jacobs<br />
has some words of advice for trucking executives:<br />
“I think that when you’re involved in a business or indeed<br />
any human enterprise, you have a tendency to focus<br />
on the short range for a wide variety of reasons,” he said.<br />
“First of all you’re in the operational environment so you’ve<br />
got to accomplish the mission every single day. Therefore,<br />
people have a tendency to focus on getting the job done<br />
today. And it’s really important to do that, because if you<br />
don’t get the job done today, there is no tomorrow.”<br />
But the people who are the executives and who are running<br />
large-scale, multi-million-dollar businesses need to<br />
think not just in terms of putting out fires, but about the<br />
longer range.<br />
“They should have a longer-range plan. They should<br />
have long-term goals and objectives and a plan to get<br />
there. Start there and work backwards. Some of them do<br />
but often we get so wrapped up in what we’re trying to accomplish<br />
today that we don’t follow up on the longer-range<br />
plan,” he said.<br />
And a succession plan is a must, Jacobs believes.<br />
“You have to have a succession plan. What happens if<br />
you get run over by a bus? What happens if your No. 2 guy<br />
who you’ve hand-picked to take the reins from you leaves<br />
the company or what if it turns out he’s not the guy you<br />
think he is? Who are you turning to for advice?”<br />
Many of those involved in the trucking industry built their<br />
businesses from scratch and might lose sight of a long-term<br />
strategy as they become mired in tactics, Jacobs warned.<br />
“Sometimes a business changes when it gets to be bigger,<br />
wider-ranging and in a different economic environment<br />
and the requirements on the business are different. Have<br />
they thought about how different the business is today<br />
from the day they put the business together in 1956?”<br />
“The last thing I would suggest, and maybe the most<br />
important thing, is that you’ve got to surround yourself with<br />
good people, even if they don’t agree with you. You can’t<br />
run any organization by yourself, even if it’s small. And you<br />
can’t run an organization with other people if they aren’t absolutely,<br />
positively the best people you can find anywhere.<br />
That’s true in the military. It’s true in government and it’s<br />
true in business. Surrounding yourself with the best people<br />
you can find is the best insurance for success.”<br />
22 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>
FALL | TCA <strong>2015</strong><br />
Sponsored by<br />
Tracking The Trends<br />
F a k e r z<br />
By Dorothy Cox<br />
It has to be a dead giveaway when nearly 400 people applying for CDLs are using the same<br />
home address.<br />
That’s what has happened in Seminole County, Florida, over the past two years and came<br />
to light this past July. The address turned out to be a truck driving school called Larex Inc.,<br />
which according to an indictment marketed itself toward speakers of the Russian language and<br />
charged students approximately $1,800 to $5,000 for its services in obtaining a Florida CDL.<br />
Also in July, five people in Brooklyn, New York, were charged by a federal jury in a “widespread”<br />
CDL scam in which they paid between $1,800 and $2,500 for CDL exam answers while a<br />
man in Greenville, South Carolina, was approved by that state as a third-party tester but didn’t<br />
require applicants to do pre-trip inspections, basic controls knowledge tests or even a road test.<br />
The most recent CDL scam happened in August when hundreds of persons in California<br />
TCA <strong>2015</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 23
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bought their CDLs and then got behind the wheels of commercial trucks without<br />
taking written exams or driving tests.<br />
The California Department of Motor Vehicles has revoked or cancelled more<br />
than 600 CDLs connected with the scam. One driving school whose owner<br />
was charged in the case serves students from India who had trouble speaking<br />
and reading English and understanding the tests, according to the man’s attorney,<br />
who said his client was just trying to help them. Drivers were allowed<br />
to retake the tests, some only after a hearing.<br />
Unfortunately, this is nothing new.<br />
George Ryan, the 39th governor of Illinois from 1999-2003, was convicted<br />
of federal corruption charges in connection with a bribes for CDLs scam and<br />
served more than five years in federal prison and seven months of home confinement.<br />
He was released from prison on July 3, 2013.<br />
Why does this keep happening and how?<br />
The why seems to be twofold: As long as there’s money to be made and<br />
it’s made fairly easy by spotty government oversight and lack of training standards,<br />
it will continue.<br />
The how could have something to do with the General Accounting Office’s<br />
recent report that said the Federal Motor Carrier Safety Administration’s oversight<br />
policies of state DMVs are unclear, inconsistent and that personnel have<br />
trouble using the system for logging oversight activities, among other issues.<br />
Without a “clear policy of oversight,” the GAO concluded, FMCSA can’t determine<br />
if state CDL programs are in compliance with federal regulations.<br />
FMCSA has said it agrees with the recommendations and will comply, but<br />
if the agency hasn’t had sufficient funding and staff to catch a number of chameleon<br />
carriers, one has to wonder how it will keep tabs on state CDL providers.<br />
The GAO in its report said that “… Applicants have bribed examiners or<br />
entire schools to present false test results that would enable their students to<br />
receive passing scores” and that “weaknesses” in FMCSA’s oversight have resulted<br />
in “hundreds of fraudulently issued CDLs across multiple states.”<br />
A first step in solving the lack of across-the-board training standards could<br />
come this month (although likely it will be in November or later) when FMCSA<br />
is set to publish a Notice of Proposed Rulemaking on mandatory, standardized<br />
training for entry-level drivers that would in part require a CDL applicant to<br />
not only complete classroom, onroad and behind-the-wheel training but training<br />
would have to come from a provider listed on a national registry, much like<br />
the national registry of certified medical providers required to give truckers<br />
their mandated health exams.<br />
The hoped-for publication date of the NPRM is October 15, with a comment<br />
period extending through December 15 of this year.<br />
The NPRM is “only the first step forward,” noted trucker Scott Grenerth,<br />
director of regulatory affairs for the Owner-Operator Independent Drivers Association<br />
(OOIDA).<br />
Grenerth, a member of FMCSA’s Entry-Level Driver Training Advisory Committee<br />
(ELDTAC in government-speak) said the committee’s recommendations<br />
for basic training standards and a national registry were passed with a consensus<br />
by both the committee and FMCSA, and that the agency must use the<br />
committee’s final document as the “foundation” for its rulemaking.<br />
The committee essentially reached a consensus since the group was allowed<br />
up to three dissenting votes and there were only two, thus still achieving<br />
a consensus on its final report, explained Dave Heller, director of safety and<br />
policy for the <strong>Truckload</strong> Carriers Association and an ELDTAC member.<br />
That means, he said, that “FMCSA can’t stray too far” from what is set forth<br />
in the recommendations, which probably won’t make it into a rule until at least<br />
next year, he added.<br />
“We’ve waited this long; I don’t think another year is going to kill us,” Heller<br />
commented. “Every school I’ve talked to has waited on this for a number of<br />
years as far back as I can remember. When they [FMCSA] came out with a training<br />
mandate that didn’t contain any behind-the-wheel time, it got litigated<br />
and overturned and reversed and then obviously it was prescribed by the<br />
courts for the agency to come up with the rule which did contain the behindthe-wheel<br />
time, which basically is where we are today. This is the closest we’ve<br />
ever been to a rule regarding true entry-level driver training in my 10 years at<br />
TCA.<br />
“The argument was always how can you train a person to drive a commercial<br />
motor vehicle without getting behind the wheel? That was always the big<br />
question mark.”<br />
“Typically, they use the negotiated rulemaking when stakeholders and the<br />
regulatory body through normal processes can’t seem to come to a mutual<br />
decision. … They let the stakeholders hash it out and propose” their recommendations,<br />
observed Jim Mullen, general counsel for Werner Enterprises.<br />
What is a carrier’s best defense in making sure a hire doesn’t have a fraudulent<br />
CDL?<br />
“Carriers should always follow best practices and pull the MVRs, which will<br />
always come up in relation to that CDL, so that’s going to be the best defense,”<br />
said Heller. “And of course it also means making sure the drivers you do hire<br />
have the ability to drive.<br />
“The carriers that belong to TCA have pretty substantial entry or onboarding<br />
processes, which basically means they have finishing standards. And a lot<br />
of our carrier members do require that their drivers have experience operating<br />
a commercial motor vehicle already, whether it’s six months to a year or two<br />
years in some cases. In a lack of a driver shortage market some would be longer<br />
than that for insurance purposes. There are other carriers that specifically<br />
will train their own entry-level drivers and have gone that step further and<br />
used their own schools, if you will. The carriers, themselves, who are members<br />
of TCA have put this in place to help avoid drivers that do have fraudulent<br />
CDLs.”<br />
Mullen said Werner only hires drivers from CDL programs that have been<br />
“thoroughly vetted” and that they also track new hires and the performance at<br />
the schools they hire from. If they got fooled by a school’s legitimacy, Mullen<br />
said, that would be the end of their business with the facility.<br />
Does pulling the MVRs miss any secrets about the driver a carrier should<br />
know about?<br />
“They will give you a safe driving background,” said Heller, “plus most carriers<br />
today will use the Pre-Employment Screening Program (PSP), which will<br />
pull up their safe driving history. So the PSP will verify the past performance of<br />
that driver.”<br />
If a carrier has done their due diligence would that get them off the hook if<br />
one of their hires turned up with a fraudulent CDL and caused an accident?<br />
“It all depends on if the CDL that the driver has is a legit CDL,” Heller said.<br />
“Was in obtained by fraudulent means? There’s nothing the carrier can do if he<br />
has every defensive position checked off. If somebody pays a bribe to a state<br />
licensing agency and has a legitimate CDL that was obtained by fraudulent<br />
means and didn’t take a written test or a road test, they just automatically<br />
had a CDL, the carrier is going to do its background checks and come up with<br />
something because the CDL, while legitimate, will contain all the safe driving<br />
history and all the checks and balances … so it would basically alleviate any of<br />
those carriers from having any sort of liability.”<br />
“Now if they don’t do any of these things or if the CDL is basically a fake<br />
CDL, one that was fraudulent from the start, then all the checks these carriers<br />
put into place means that CDL is not going to return anything,” Heller pointed<br />
out. “It’s kind of like your Social Security number. If you have a fake Social Security<br />
number and it is just pulled out of thin air, chances are it’s not going to<br />
mirror what you report.”<br />
As to FMCSA’s need for more staff and funding in order to provide better<br />
oversight of entry-level driver training, Mullen said he didn’t think the agency<br />
was equipped to tackle the issue entirely.<br />
24 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>
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“It will be interesting to see what they do with the recommendations,” he<br />
said, adding that if the agency administers the recommendations appropriately,<br />
schools that fail to meet the standards should be filtered out.<br />
Of course currently, training standards vary widely from state to state, with<br />
some states — Massachusetts for example — having “robust training” standards<br />
and others, “almost zero requirements,” Grenerth said.<br />
Don Lefeve, president of the Commercial Vehicle Training Association, said<br />
that “while some individual states may have their own training standards,<br />
many states do not. CVTA and other groups continue to lead the industry by<br />
requiring their members to adhere to voluntary training standards focused on<br />
safety and creating better, safer drivers. That said, there are many substandard<br />
programs which do not meet our standards and need improvement.”<br />
Some schools are under the purview of their state education departments,<br />
which Grenerth said, means more scrutiny but tends to put more emphasis on<br />
paperwork and preventing financial fraud rather than on driving performance.<br />
“What was eye-opening,” he said, were the “places that claimed they train<br />
people and have been renting a truck out for a day and give someone a<br />
truck and say, ‘here you go; this is kind of how it works,’” then “if someone can<br />
complete the driving test, about 30 minutes long, without going over orange<br />
cones, they’re considered licensed.”<br />
Another ELDTAC member, Kevin Lewis, said, “right now there is no standard<br />
and no training requirement. That’s how the CDL mills, these weekend schools,<br />
sprout up … it’s a weekend of classroom work, they pass the knowledge test<br />
and to some extent the road exam; this won’t make a good driver at all.”<br />
“You can’t cover [driver training] curriculum in a weekend,” added Lewis,<br />
who is director of driver training for the American Association of Motor<br />
Vehicle Administrators. “These CDL mills are making money by charging<br />
thousands of dollars to get people in and out the door.”<br />
Grenerth said under the ELDTAC’s recommended standards a driver trainer<br />
would have to sign off on whether a student is competent and whether he or<br />
she has mastered the skills necessary to get out on the road.<br />
For the better schools it will mean business as usual. Tina Frindt, director<br />
of Northampton Community College in Tannersville, Pennsylvania, which recently<br />
received recertification for its courses from the Professional Truck Driver<br />
Institute (PTDI), said her school is already requiring more than what the FMCSA<br />
final rulemaking will likely stipulate because of PTDI. But she said there are<br />
schools out there which “are either going to have to comply or are going to go<br />
away.”<br />
Beyond the training requirements and the necessity of trainers having to<br />
be cleared and placed on a national registry, Grenerth said the committee<br />
recommended that there be some recordkeeping requirements so FMCSA can<br />
track progress by students, trainers and schools over a long period of time “so<br />
everyone involved is tracked.”<br />
FMCSA is laying the groundwork “for future efforts to re-evaluate the<br />
strengths and weaknesses” of the standards and tweak as they go, he noted.<br />
Speaking to possible staff and funding inadequacies of the agency, Grenerth<br />
said ultimately the committee had to hand the ball to FMCSA and let<br />
them run with it. “We at OOIDA hope they will look at the safety performance<br />
of entry-level drivers not just that a piece of [reflective] tape is missing,” he<br />
said, apparently referring to what some believe CSA does in focusing too<br />
much on unimportant details rather than drilling down to real at-risk driving<br />
behaviors.<br />
Next: A more in-depth look at ELDTAC recommendations and the legal ramifications<br />
of fraudulent CDLs.<br />
26 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>
<strong>Truckload</strong> trends crucial to you and your business @ DAT.com<br />
Freight’s up; rates down – what???<br />
By<br />
In the trucking industry fall is known as the<br />
“second season:” freight typically picks up,<br />
sometimes as early as mid-August, sometimes<br />
as late as the first week in October. Rates<br />
usually follow. The spot market, which responds<br />
to dynamic market pressures much earlier<br />
than contract rates, starts kicking up when the<br />
major ports (LA-Long Beach on the West Coast;<br />
New York/New Jersey and Savannah Georgia,<br />
on the East) get their Christmas imports from<br />
overseas and the race is on to get those goods<br />
to the warehouses and distribution centers that<br />
serve retail. Other markets benefit from the<br />
fall season, but retail is the major mover and<br />
van is typically the equipment type of choice.<br />
But this year is a bit of a puzzle. On Friday,<br />
September 25, the spot market for vans had just<br />
under two loads per truck nationally, and rates<br />
were going south. On Monday, September 28,<br />
the van hot market map for Los Angeles lit up<br />
like a Vegas super slot, and on Tuesday, the rest<br />
of the country blushed with freight, as the Asian<br />
freight came off the ships at LA-Long Beach and<br />
started making its way across the country.<br />
You may be thinking: “I don’t pull spot<br />
freight, so what do I care?” Here’s why you<br />
should care. For the past three years, we’ve<br />
been tracking the correlation between the<br />
dynamics of spot market rates with the much<br />
more gradual fluctuations of the contract<br />
market, and have found that rate trends on the<br />
spot market have an 80 percent likelihood of<br />
manifesting on the contract market within three<br />
to six weeks.<br />
In partnership with<br />
Ken Harper, Marketing Director, DAT Solutions<br />
When you add fuel into the rate picture,<br />
contract rates have actually dropped with<br />
spot market rates, but since January<br />
have regained a few cents. This seems<br />
to contradict my earlier claim about the<br />
correlation. But if the graphs were timestamped,<br />
you’d see that contract rates<br />
followed spot rates until March.<br />
By then, large carriers had added capacity<br />
by paying drivers higher rates to retain them<br />
and attract new drivers (from smaller fleets).<br />
The additional capacity of the large carriers<br />
and greater selectivity of loads based on<br />
profitability helped the large carriers pick up<br />
freight lost to the spot market in 2014.<br />
What’s the net? As shippers put freight<br />
out to bid and carriers renegotiate contracts,<br />
readily available capacity and highly<br />
competitive market rates would suggest<br />
carriers exercise prudence in their desire to<br />
keep contract rates up. We already know of<br />
several large shippers who are using 3rd-party<br />
market rates to realign their routing guides.<br />
The trick for carriers is to know market rates<br />
for the lanes you run as well as capacity<br />
availability.<br />
To get a free weekly snapshot of market rates<br />
and capacity for vans, reefers, and flats go to<br />
www.dat.com/trendlines.
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Sincerely Held<br />
The definition of religion may catch carriers off guard<br />
R-E-L-I-G-I-O-N<br />
Look it up in the dictionary and you’ll get perhaps<br />
as many as 10 definitions supporting the<br />
most common meaning: “a set of beliefs concerning<br />
the cause, nature and purpose of the<br />
universe, especially when considered as the creation<br />
of a superhuman agency or agencies, usually<br />
involving devotional and ritual observances,<br />
and often containing a moral code governing the<br />
conduct of human affairs.”<br />
For most Americans, religious practices center<br />
around the Christian faith, which according<br />
to a 2014 poll, is the faith of 70.6 percent of<br />
Americans.<br />
Judaism is the faith of 1.9 percent of Americans,<br />
Islam 0.9 percent and Hinduism 0.7 percent.<br />
Other religions make up 2.7 percent of the<br />
population; 22.8 percent say they practice no<br />
religion.<br />
Given that a recent U.S. Supreme Court ruling<br />
has broadened the scope of religious accommodation<br />
claims when an individual’s religious<br />
beliefs or practices conflict with requirements<br />
for performing the job, it is now more important<br />
than ever for member companies to understand<br />
and know how they can protect themselves<br />
against such claims, according to Ron Goode,<br />
TCA’s director of education.<br />
The recent court decision involved a Muslim<br />
who applied for a job at a national retailer. She<br />
wasn’t hired because her religion required her<br />
to wear a headdress that the retailer said would<br />
violate the company’s “Look Policy.”<br />
The Equal Employment Opportunity Commission<br />
sued the retailer on the applicant’s behalf,<br />
and the court ruled that the retailer had violated<br />
Title VII of the Civil Rights Act of 1964.<br />
Partly because of that decision, TCA presented<br />
a webinar recently on “Accommodating<br />
Employee Religious Practices in the Trucking Industry”<br />
hosted by Eddie Wayland, TCA general<br />
counsel and partner of King & Ballow in Nashville,<br />
Tennessee, where he supervises the Litigation<br />
Section, and Howard Kastrinsky, a partner<br />
at King & Ballow and head of the firm’s Employment<br />
and Discrimination Section.<br />
“Title VII deals with race, sex, religious and<br />
other types of discrimination, but it specifically<br />
talks about religion,” Wayland said. “Under Title<br />
VII, an employer cannot refuse to hire or discharge<br />
any individual or otherwise discriminate<br />
against any other individual on the basis of their<br />
religion.”<br />
But the law doesn’t stop there,” Wayland<br />
said.<br />
“It also provides that it’s unlawful for an employer<br />
to limit, segregate or classify their employees<br />
or their applicants for employment in<br />
any way that would deprive or tend to deprive<br />
any individual of employment opportunities or<br />
otherwise adversely affect their status as an<br />
employee because of that employee’s religion.”<br />
What’s more, Wayland said Title VII goes further<br />
with respect to religious discrimination than<br />
other areas covered by Title VII in that it requires<br />
an employer to accommodate an employee’s<br />
religious beliefs or practices unless doing so<br />
would cause more than a minimal burden, or in<br />
other words, an undue hardship, on the operations<br />
of the employer’s business.<br />
The definition of religion is what catches many<br />
employers off guard in a country that tends to<br />
think of religion centering around worship at a<br />
church, synagogue, or mosque.<br />
“Title VII protects all aspects of religious observances,<br />
practices or beliefs and religion is described<br />
very broadly and includes things that are<br />
new and uncommon, not part of a church, and<br />
only subscribed to by a few people that seem<br />
logical and reasonable,” Kastrinsky said.<br />
Even professing no religion can be construed<br />
as a religion under Title VII, he said.<br />
By Lyndon finney<br />
“Remember, religious beliefs not only include<br />
theistic beliefs (those who profess a belief in<br />
God), but non-theistic moral or ethical beliefs<br />
about what is right or what is wrong,” Kastrinsky<br />
said.<br />
“The right not to believe is protected just as<br />
much as the right to believe, but the question<br />
becomes are they sincerely-held religious beliefs<br />
and that is something of a quagmire in which<br />
we find ourselves often in these cases,” Wayland<br />
said. “Frankly, an employee’s religious beliefs<br />
can deviate from commonly followed tenets of<br />
the religions and the beliefs can change over<br />
time. We always talk about people finding religion<br />
or being born again, and sometimes that’s<br />
an act of grace and sometimes that’s something<br />
somebody does because they think it benefits<br />
them for that particular purpose. So you have<br />
to look at those things, but generally the inquiry<br />
is whether it is a sincerely-held belief and based<br />
upon all the facts and circumstances, does it appear<br />
to really be sincerely held.”<br />
Wayland threw out a hypothetical situation.<br />
“Let’s say somebody comes up to you and<br />
says they belong to the Eddie Wayland Church<br />
of What’s Happening Now, which provides as a<br />
key tenant of faith that the time from noon Friday<br />
until noon on Monday should be observed<br />
as a religious holiday and religious observance<br />
days during which time they party extensively,<br />
goof off a lot and consume mass quantities of<br />
alcohol and food. And they tell you because they<br />
are a member of that church, they cannot work<br />
for you over the weekend as previously scheduled<br />
because they were just saved and joined<br />
the church last week.”<br />
He continued.<br />
“If you have a legitimate reason for questioning<br />
the sincerity of an applicant’s belief and<br />
as much as it pains me to say this because it’s<br />
the Eddie Wayland Church of What’s Happening<br />
28 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>
Now, I must admit you would have a valid basis for questioning the sincerity<br />
of the beliefs. As part of the applicant process, when you are looking<br />
at whether or not there’s going to be an accommodation, or what’s<br />
being requested, you may ask the applicant for information that’s reasonably<br />
related and needed to evaluate the request. Such information<br />
might include where can I find out more about this religion, what are<br />
the tenants of this religion, is there anything in writing about what their<br />
religious practices are and the observances and those types of things so<br />
you can look to see whether or not you are dealing with something that<br />
does fall within the umbrella of a sincerely-held belief.”<br />
Even though the employer may think the religion is way out there<br />
and you wouldn’t think it’s a “religion,” that’s not the issue, he said.<br />
The issue is whether it’s a sincerely-held belief for the employee or applicant.<br />
Kastrinsky cited some cases that many might consider “way out<br />
there.”<br />
One was the Church of Body Modification.<br />
“It wasn’t that they believed in liposuction or surgery, but they believe<br />
in piercing and that one had to pierce one’s body before the Lord,”<br />
he said. “And therefore the employee said, ‘You may not stop me in my<br />
retail position where I have contact with hundreds, if not thousands of<br />
people a day, from keeping my nose ring, my face piercings’ and the<br />
like. However, the court disagreed and said that the employer’s policy,<br />
which had long been in place and which was uniform, carried over this<br />
so-called church.”<br />
Then there was a corrections officer in California whose professed<br />
religion was sun-worshipping atheism.<br />
“He worked in a prison and they had longer shifts and sometimes had<br />
to work double shifts,” Kastrinsky said. “He was a sun-worshipping atheist.<br />
Part of his religious observance included getting at least eight hours<br />
sleep, eating and drinking when he needed to and getting fresh air. All<br />
of the things you couldn’t necessarily do if you were cooped up in the<br />
prison guarding people. There, the court dodged the issue of whether it<br />
was a religion, but it said his belief may have had an intrinsic value, but<br />
there wasn’t a full set of religious beliefs and therefore there was no violation<br />
of Title VII when he was terminated for not showing up for work<br />
because he was having a ‘religious observance’ sitting out in the sun.”<br />
Then there was the case of the company that started using a biometric<br />
hand scanner for employee attendance tracking.<br />
One employee, an evangelical Christian, objected to the new procedure,<br />
explaining he believed there was a relationship between hand<br />
scanning technology and the “mark of the beast” as described in the<br />
book of Revelation in the Bible.<br />
The employee requested he be allowed to manually submit his time<br />
as he had previously done or check in and out with his manager, but<br />
his request was denied, even though two co-workers who were missing<br />
fingers were allow to do so.<br />
The case went to trial and the jury returned a verdict in favor of the<br />
employee with damages of $150,000.<br />
“Each of these are examples of cases that went to court. In several<br />
of the instances, the courts did not necessarily say the practices did<br />
qualify as a sincerely-held religious belief under Title VII,” Wayland said.<br />
“Remember, we’re not about that ‘old time religion’ anymore when we<br />
use religion in Title VII. Companies spent a lot of money litigating these<br />
cases and giving into these things rather than approaching them a little<br />
differently.”<br />
Wayland and Kastrinsky said when an employee requests accommodation<br />
based on religious grounds, the employer should engage in<br />
a federally-outlined interactive process that requires the employer to<br />
be proactive and work with the employee so that both can identify the<br />
employee’s need for reasonable accommodations.<br />
Such accommodations are defined as any change in the work environment<br />
or in the way things are customarily done that enables an applicant<br />
or employee to enjoy equal opportunity employment.<br />
Although “reasonable accommodations” are typically associated with<br />
disabilities, they also arise in the context of religion, Wayland noted.<br />
Methods to engage the interactive process include meeting with the<br />
employee, exchanging letters, holding telephone conversations, requesting<br />
information about the employee’s religious beliefs, considering<br />
the employee’s requests and discussing reasonable and effective alternatives<br />
if the request is an undue burden.<br />
According to the outline, an employer sufficiently engages in the interactive<br />
process where it grants an effective accommodation, but not<br />
necessarily the accommodation requested by the employee.<br />
An employer is not engaging in the interactive process where the<br />
employer denies an employee’s request without providing a meaningful<br />
dialogue or explanation of its decision.<br />
For those seeking more information about religious practices in the<br />
workplace, the entire webinar is available in the <strong>Truckload</strong> Academy section<br />
of the TCA website.<br />
www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 29
FALL | TCA <strong>2015</strong><br />
A Chat With The Chairman<br />
Positively Positive<br />
Foreword and interview by Micah Jackson<br />
The legendary automobile executive Lee Iacocca once said, “In times of<br />
great stress or adversity, it’s always best to keep busy, to plow your energy into<br />
something positive.” Judging from the palpable electricity in his voice and his<br />
seemingly endless reservoir of energy and enthusiasm, it is clear Chairman Keith<br />
Tuttle wholeheartedly agrees with Mr. Iacocca. In this “Chat” we ask the chairman<br />
about the sudden resignation of former President Brad Bentley and some difficult<br />
issues the industry is grappling with. There is plenty to be excited about as we also<br />
get updates on TCA initiatives being met with unprecedented success.
Sponsored by<br />
Thank you, Mr. Chairman, for joining us once<br />
again for our Chat With the Chairman feature.<br />
The first question for you, sir, centers around<br />
the resignation of recently-appointed president<br />
Brad Bentley and in the words of the late, great<br />
Yogi Berra “it’s dÉjÀ vu all over again.” Talk to<br />
us about what TCA leadership is doing to find the<br />
right long-term leadership.<br />
Well, let me start off by thanking Brad Bentley. Brad<br />
was a tireless, passionate worker. He did a great job<br />
as the voice and the face of the <strong>Truckload</strong> Carriers Association.<br />
We wish him great success in future endeavors.<br />
Immediately after Brad’s resignation, a Selection<br />
Committee was appointed which includes Robert Low,<br />
Tommy Hodges, Past Chairman Shepard Dunn, First<br />
Vice Chairman Russell Stubbs, Second Vice Chairman<br />
Dan Doran, Mike Eggleton Jr. and of course the committee<br />
chair, which is myself. As far as selecting the<br />
new president the Search Committee has been very,<br />
very busy. We have personally reached out and talked<br />
to a number of excellent candidates and the process is<br />
moving forward. We are making sure not to rush the<br />
process just to fill the position. We are absolutely going<br />
to select the right person to lead this association in the<br />
future. At the time of this interview, we have approximately<br />
40 resumés that we are gleaning through and<br />
we have a number of other recommended individuals<br />
and we expect resumés from them also. Without giving<br />
you an exact timetable, the work of this committee is<br />
carrying on. I’m very excited about the talent on this<br />
committee and we will come up with the person that<br />
will effectively lead the vision of the <strong>Truckload</strong> Carriers<br />
Association.<br />
In the interim, TCA is certainly in more-than-capable<br />
hands. Talk about the confidence you have in the<br />
leadership of the organization, such as Debbie<br />
Sparks and Bill Giroux, who we recently featured<br />
in <strong>Truckload</strong> <strong>Authority</strong>.<br />
Micah, a lot of us make the mistake of painting<br />
most people in the Washington, D.C., area with the<br />
same broad brush, saying they don’t have the same<br />
work ethic as those of us in the private sector and that<br />
they don’t have the passion that most of us share.<br />
I can personally testify this is not the case with the<br />
staff of the TCA led by Bill Giroux and Debbie Sparks.<br />
Their respective staffs work hard and long hours on<br />
TCA <strong>2015</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 31
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behalf of our membership. I can tell you last<br />
week when I was in Washington our staff<br />
worked extra hours for days leading up to the<br />
Wreaths Across America Gala. Most of them<br />
were there early that morning in the office until<br />
late the same night at the Gala and had a 7<br />
o’clock meeting the next morning back at the<br />
office after being there late, late the night before.<br />
And this is repeated week after week at<br />
TCA, especially leading up to our convention.<br />
This staff is strong, this staff is well-led and this<br />
staff knows what the issues are that directly<br />
affect our industry and I’ve become so much<br />
better acquainted with the staff and what they<br />
do on our behalf and I am very happy with the<br />
leadership that’s being provided in the interim<br />
when we don’t have a fulltime president.<br />
Shifting to some policy matters, TCA’s<br />
Highway Policy Committee recently released<br />
its position on SAFE, an acronym for the<br />
Safe, Flexible and Efficient Trucking Act. The<br />
act would raise the weight limit to 91,000<br />
pounds while adding a sixth axle. Why did<br />
TCA oppose this measure?<br />
Simply put, TCA opposes raising the weight<br />
limit to 91,000 pounds on six axles because<br />
that configuration offers little to no return on<br />
the capital investment of adding a sixth axle.<br />
People don’t realize that adding a third axle to<br />
a trailer is not an easy task nor can it be done<br />
cheaply. There was absolutely no consideration<br />
The ELD mandate continues to be stalled.<br />
Our sources indicate it will not happen until<br />
the new FMCSA administrator is confirmed<br />
and we are told by Senate staff members<br />
that the timetable for that confirmation has<br />
not been established. How should members<br />
be proceeding on the adoption of ELDs?<br />
I think this more than anything goes back<br />
to what we talked about a while ago with Yogi<br />
Berra’s ‘déjà vu all over again.’ When I was in<br />
D.C. six months ago the acting administrator<br />
said late in the summer we will absolutely have<br />
an ELD mandate and the deadline has come<br />
and the deadline has gone. I urge our TCA carrier<br />
members to become proactive when waiting<br />
for the mandate on ELDs. And whether or<br />
not a confirmation hearing is scheduled for tomorrow,<br />
next week or next year, the tea leaves<br />
have been read and the longer you wait to start<br />
adapting, the more behind the eight ball you are<br />
going to be. A Final Rule on this issue is coming<br />
very soon and I’m not sure it’s going to wait<br />
for the new administrator, but it’s coming and<br />
now is the time to find that particular solution<br />
that makes sense for your fleet. Adoption of this<br />
technology isn’t cheap; it requires a tremendous<br />
capital investment, but the results are positive<br />
in productivity and this is where my personal<br />
opinion comes in that there are still some carriers<br />
out there that have a little unfair advantage<br />
over those who have invested in ELDs and we all<br />
need to be on the same playing field.<br />
a tool that makes them more compliant? TCA<br />
has recommended to the agency that it should<br />
seriously consider retaining the original provision<br />
in its rulemaking, which called for grandfathering<br />
of the devices for the lifetime of the vehicle<br />
in which they have already been installed.<br />
The dual 33-foot trailer debate continues to<br />
heat up. Give <strong>Truckload</strong> <strong>Authority</strong> readers an<br />
update on where TCA currently is on this issue.<br />
Some of our largest carriers are objecting<br />
to 33-foot trailers. I have personally reached<br />
out to every one of those carriers and there<br />
are some very strong dividing issues with those<br />
carriers compared to what our policy is. I will<br />
tell you at the same time, there are a number<br />
of other large truckload carriers that do not oppose<br />
33-foot trailers. So to say that all large<br />
truckload carriers oppose this issue would be a<br />
mistake. It is a highly divisive issue and there<br />
are medium-sized carriers that are also opposed<br />
to allowing 33-foot trailers. I am calling<br />
for us as an industry to sit down and further vet<br />
this issue, that we sit around the table and talk<br />
about the pro’s and con’s. Those on our Highway<br />
Policy Committee have discussed this issue<br />
twice since our annual convention in March and<br />
both times that policy has come back to the executive<br />
board and we have chosen to stay neutral<br />
on the 33-foot trailer issue. By the time this<br />
issue comes out we should either be in Philadelphia<br />
or just getting done with Philadelphia<br />
when this bill was proposed … no consideration<br />
and no input from the trucking industry, either<br />
from TCA or the American Trucking Associations.<br />
I think it was a mistake as the proposal<br />
was introduced and our Highway Policy Committee<br />
took a proactive position. We got out<br />
in front of this issue and our committee said,<br />
“No this does not work.” Not only would we be<br />
retrofitting trailers with another axle, but we<br />
must make sure our tractors are upgraded to<br />
move the additional weight. Adding up all the<br />
upgrades with engines, transmissions, heavier<br />
rear axles, and the cost of adding the third axle<br />
on a trailer, our calculations are somewhere<br />
upwards of $20,000 per tractor-trailer combination.<br />
Quite frankly, we have little to no confidence<br />
that we as a truckload industry would<br />
ever be able to achieve or receive a rate increase<br />
that would be able to offset the higher<br />
cost of this equipment. All the consideration for<br />
this bill was put in by shippers. Trucking has<br />
not been involved at this point. We think our<br />
letter back to the sponsor of this bill has had a<br />
great effect.<br />
The story is also the same when it comes to<br />
speed limiters. Would TCA like to see speed<br />
limiters and ELDs be mandated and phased<br />
in together and if so what should be the<br />
proper amount of time to phase in these<br />
changes?<br />
Honestly, I have found a lapse from the issuance<br />
of a Final Rule to the implementation of<br />
that Final Rule that is about two years. Whether<br />
ELDs and speed limiters come our way separately<br />
or together, the important thing is for<br />
fleets that have adopted these technologies already<br />
to make adjustments in their equipment if<br />
it is not compliant. Maybe a grandfather clause;<br />
maybe that would work. Imagine a fleet that<br />
had put forth an investment in 100 trucks only<br />
to find that investment is useless because of a<br />
Final Rule that offers spec’s that are not what<br />
they have already installed. I’ve had some long<br />
discussions with Dave Heller about this and got<br />
his update on what’s going on. So is a two-year<br />
grace period adequate for carriers that have<br />
been proactive regarding the implementation of<br />
and it’s my sincere hope that most of those carriers<br />
who are opposed to 33-footers who have<br />
not been in the room when these policies have<br />
been made will sit down and thoroughly vet this<br />
issue.<br />
Let’s move on to some recent TCA events.<br />
The third annual Wreaths Across America<br />
benefit Gala was held recently and it raised<br />
a lot of money for the cause. Tell us how<br />
much money was raised and why you think<br />
the event has become such an industry-wide<br />
success.<br />
Of everything that I’m honored to participate<br />
in as chairman of the <strong>Truckload</strong> Carriers Association,<br />
of everything that I’ve been involved in,<br />
Wreaths Across America and especially the honor<br />
of emceeing the Gala, was by far the most inspirational,<br />
the most humbling thing that I’m sure<br />
I’m going to be asked to participate in this year.<br />
Even with the Pope arriving in the U.S. the same<br />
day, over 250 of us were honored to take part in<br />
one of the most powerful, inspirational evenings I<br />
32 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>
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have ever been privileged to attend. Our lineup of<br />
speakers included Rev. Lloyd Byers and his wife<br />
Mary; we heard from Col. Jack Jacobs, a Congressional<br />
Medal of Honor winner, and Karen and<br />
Morrill Worcester, who thanked us as an industry<br />
for all we do to support the mission of Wreaths<br />
Across America. And I was thrilled to meet Travis<br />
Mills, who is a retired staff sergeant and one of<br />
only five quadruple amputees who survived his<br />
injuries. He is just a tremendous young man and<br />
on a personal level Travis and I sparred with each<br />
other about his love for Michigan football and disdain<br />
for the Ohio State Buckeyes, the team that I<br />
personally support. He’s a great young man who<br />
has overcome tremendous adversity. I am so extremely<br />
thankful to our hosts for the evening:<br />
Pilot Flying J, Freightliner, Randall-Reilly, and our<br />
sponsors, TA Petro, Macropoint and DriverFacts.<br />
So when we talk about money, and we all know<br />
the line from the movie we love, “show me the<br />
We absolutely are pleased. The Health and<br />
Wellness Taskforce led by Steve Sichterman<br />
of DriverFacts is proud of their new initiatives<br />
this year that include flu shots, hearing and vision<br />
tests, cornhole contests and we actually<br />
had dancing classes and from what I understand<br />
we did in-cab cuisine demonstrations. I<br />
would be remiss if we didn’t thank our sponsors<br />
that make the event possible, ThreePoint<br />
Insurance, Progressive Commercial and Bayer<br />
Company and our location hosts. Once again<br />
TA Petro stepped up, as did our state association<br />
partners and words that the state association<br />
partners used to describe the turnout were<br />
“amazing, way up over last year” and “great,”<br />
considering the weather and we had more participants.<br />
We surveyed the state association<br />
site hosts and asked if they would host their<br />
locations again next year and we got a unanimous<br />
yes from all of them.<br />
program to their members as well so we have<br />
a large, yet growing database of participating<br />
companies, which is an essential component<br />
to the value of the service. It’s growing, it’s a<br />
great program and the company that I founded<br />
has been involved with benchmarking for<br />
a long time and we have found great value in<br />
the program.<br />
Also launching since our last chat<br />
was TCA’s newly designed website. What<br />
prompted this redesign and how will it<br />
better serve members?<br />
Our old website was not effective and we<br />
actually had been planning an upgrade and<br />
the staff took on the challenge. The benefits to<br />
members are that it’s much easier to navigate,<br />
it converts seamlessly to hand-held devices, it’s<br />
much more responsive and it’s part of a larger<br />
money,” we raised over $320,000 that night;<br />
$150,000 from the Walmart Foundation and my<br />
good friend and past Chairman Shepard Dunn, or<br />
as we knew him that night, our professional beggar,<br />
was helpful in raising over $150,000 from<br />
guests that were in the audience in addition to<br />
the Walmart funds. The Image Committee led by<br />
Wendy Hamilton and Sherry Garner Brumbaugh<br />
hit a grand slam out of the park that night at our<br />
Gala, and I am extremely grateful as chairman<br />
for their vision and their leadership. I’m going to<br />
tell you that for those reading this article who are<br />
not involved financially or who are not currently<br />
helping with trucks and drivers I am personally<br />
appealing to you to get involved. I saw a saying<br />
on a Wreaths Across America T-shirt at Arlington<br />
last year that was repeated over and over again<br />
on the shirt, hundreds of them, and it said, “Don’t<br />
look back and say ‘I should have been,’ look back<br />
and say ‘I was’” involved. I promise you, you will<br />
be inspired like I have been by the great work we<br />
are doing for Wreaths Across America.<br />
Once again, TCA sanctioned health fairs<br />
during National Truck Driver Appreciation<br />
Week. Were you pleased at the turnout and<br />
success of the fairs?<br />
inGauge has also launched since our last<br />
chat. What has been member feedback since<br />
its launch?<br />
TCA’s benchmarking service has continued<br />
to gain momentum. The new inGauge online<br />
benchmarking service was launched in September<br />
of this year and is generating great interest<br />
among our members and nonmembers<br />
alike. This service is a first of its kind anywhere<br />
in North America and it leverages our<br />
13-year history with our Best Practice groups.<br />
The service is currently free of charge for a<br />
limited time for Best Practice members and an<br />
active discount for TCA members. Since September<br />
we’ve had 14 TCA member companies<br />
that have subscribed to the service and we’re<br />
expecting a great October and I can tell you<br />
that at Philadelphia Ray Haight is going to be<br />
there. He’s been traveling around the states,<br />
so combined with our Best Practice groups<br />
there are now over 65 companies utilizing our<br />
TCA benchmarking services throughout North<br />
America. Our goal is to increase this number<br />
to 220 by this time next year and we’re<br />
absolutely on track to hit that target. We’ve<br />
partnered so far with the states of Arkansas<br />
and South Carolina to promote the inGauge<br />
app platform for meetings and our conferences<br />
and it also brings our social media activities to<br />
the forefront and not only our website but our<br />
database all in one. It’s going to mean a costsavings<br />
to our association and personally I think<br />
it’s a lot more visually appealing. It’s been a<br />
little bit of a challenge to get the whole thing<br />
done but our staff has pulled off another great<br />
achievement.<br />
Our <strong>Truckload</strong> <strong>Authority</strong> readers will not<br />
have another opportunity to read a “Chat”<br />
with you until after the beginning of 2016<br />
so with that in mind I want to wish you,<br />
although it’s very early, we want to wish<br />
you and your family very happy holidays,<br />
Merry Christmas and hope you have a<br />
fantastic holiday season.<br />
I can tell you that I will be very pleased and<br />
the association will be very pleased with our<br />
new president and it is absolutely our intention<br />
to have our new president on board by the time<br />
of our next interview and Micah you guys have<br />
done a great job of reporting the issues and I’m<br />
very pleased with the professionalism of your<br />
magazine.<br />
34 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>
FALL | TCA <strong>2015</strong><br />
Member Mailroom<br />
How does a member ensure that their opinion is<br />
expressly voiced within the policies of TCA?<br />
The <strong>Truckload</strong> Carriers Association gets this<br />
question frequently and as you read through<br />
this issue, you are informed on topics such as<br />
Hours of Service, ELDs, truck parking and inevitably<br />
human resource management.<br />
Please forgive the pun here, but ultimately,<br />
our members drive the policies in TCA. Quite<br />
honestly, our staff is driven and busy, but the<br />
passion and dedication of TCA members to<br />
properly understand the issues and how they<br />
affect their businesses are truly what our association<br />
thrives on.<br />
How do our members reflect those passions?<br />
That dedication? Those opinions?<br />
By being involved in the committee process,<br />
Answered By Dave Heller<br />
developing sound policy and ensuring that the<br />
policy is enforced. These efforts, examined at<br />
the committee level, almost always allow for<br />
sound policy decisions to be made at the committee<br />
level.<br />
Ultimately approved by the Board of Directors,<br />
the committee process was put in place<br />
to properly vet a position that our members<br />
choose to take up in an effort to shape regulations<br />
and legislation to arrive at a set of rules<br />
that proves sensible for our members’ fleet operations.<br />
After all, taking part in the process<br />
not only helps to ensure that we have practical<br />
and strong positions on the issues but it makes<br />
our association that much stronger as well.<br />
TCA <strong>2015</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 35
FALL | TCA <strong>2015</strong><br />
Talking TCA<br />
d a v e h e l l e r | d i r e c t o r o f s a f e t y a n d p o l i c y<br />
B Y lY N D O N f I N N E Y a n d d o r o t h y c o x<br />
This ongoing feature that appears in each issue of <strong>Truckload</strong> <strong>Authority</strong><br />
is called Inside Out, but if you looked at the top of the page, you probably<br />
already knew that, didn’t you?<br />
We’re not exactly sure who came up with that title, probably some<br />
editor who was stuck banging on his computer inside an office building<br />
trying to come up with a name for this feature, and who was looking out<br />
his window at the crisp sunlit day wishing he could be outside rather than<br />
inside.<br />
The purpose of this series is to profile the <strong>Truckload</strong> Carriers Association<br />
staff, let you get to know them a bit better and help you understand<br />
why they are so effective at what they do.<br />
This issue, the story is about David Heller, CDS, Director of Safety and<br />
Policy, but if you turn Mr. Heller inside out you’ll find a man who prefers<br />
to be called Dave, who worked hard to earn three letters (they’re an acronym<br />
for Certified Director of Safety) that follow his name but who will<br />
never flaunt them, a man who’s never met a stranger, who can talk your<br />
arm off, and one who has so much knowledge about his field that the editor<br />
who named this series WILL stay inside for as long as necessary to<br />
listen to what he has to say.<br />
Journalistic protocol says that from here on out in this article we should<br />
refer to him as Heller, but for some reason Heller doesn’t seem appropriate<br />
for a man with such a winsome personality and who loves people so much.<br />
So we’re going to close the stylebook, put it on the shelf, and just call<br />
him Dave for the rest of these pages.<br />
(PS: Don’t tell any of our reporter friends what we did.)<br />
Dave was born February 3, 1972, near Danbury, Connecticut.<br />
“I’d tell you the name of the town, but you’ve never heard of it, so I’ll<br />
just say near Danbury,” he said with his patented chuckle.<br />
As a young man, he’d already developed the gregarious personality<br />
that would serve him well as an adult.<br />
“I guess I would say that I’ve just always liked to talk to people,” Dave<br />
said. “I know it’s not to hear myself talk because of the way I sound, but<br />
I just like hearing what other people have to say. For a lack of a better<br />
term, I like being informed. I will always believe that other people’s lives<br />
are probably a lot more interesting than mine.”<br />
His formative years were by all accounts pretty routine for a youngster<br />
growing up in the Northeast.<br />
He was the youngest of three children with an older brother and sister.<br />
His parents required discipline and could be stern when the need<br />
arose.<br />
“Were they fair? Of course. Did I ever get a spanking that wasn’t called<br />
for? No. Every spanking I got was justified.”<br />
He doesn’t give specifics, but you get the impression that on occasion,<br />
he — as the old saying goes —would drive his folks up the wall.<br />
“My mother always said if I’d been the first, I would have been the<br />
last,” he said. “If you can think of it, I’ve probably done it, or at least<br />
tried to.”<br />
In high school, athletics was his passion.<br />
“I enjoyed playing sports. I was just a sports guy — football, baseball,<br />
basketball. I had some all-division honors for playing football (he was an<br />
offensive tackle) so I could bring it a bit.”<br />
In fact, he was so enthralled with athletics that he didn’t give much<br />
thought to a career path as he neared graduation.<br />
But he says today that “the National Football League wasn’t calling so<br />
at that point, I was pretty wide open. I wasn’t sure what I wanted to do.<br />
I didn’t necessarily have a life’s calling, if you will.”<br />
For sure, trucking wasn’t on his mind.<br />
“In high school and college, trucking was pretty far from any of my<br />
thought processes in my mind. If I saw a truck on the highway, I was the<br />
guy that put my hand out the window trying to get them to pull the air<br />
horn. That was how I related to trucks.”<br />
So he headed off to Springfield College in Springfield, Massachusetts,<br />
known today as the birthplace of basketball, and decided to major in a<br />
field of therapy.<br />
“I was working with disabled children or people with handicaps and<br />
disabilities, helping them to improve on their life. But that philanthropic<br />
[interest] made it hard to go back to my regular life after sitting down<br />
with these folks so at that point I had to change direction and focus on<br />
more of a business type of mindset, which is obviously where I am today,”<br />
Dave said.<br />
So he transferred to Western Connecticut State University in Danbury<br />
and set his mind on earning a degree in business management.<br />
When he walked across the stage in 1995 to get his sheepskin, life after<br />
college as far as Dave was concerned involved going on a job search.<br />
“If you’re looking for something in my job search that inspired finding<br />
something to do, it wasn’t there,” Dave said. “It was the necessity to pay<br />
bills and fund my life. That was basically the thought process I had when<br />
I graduated.”<br />
Fortunately for Dave, he didn’t have to search for long.<br />
The reason he’d moved back home to attend Western Connecticut was<br />
so he could earn some money while in college.<br />
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“While I was in college I worked for a small company called JC Penney,<br />
so when I graduated college they made me an offer to go through<br />
their management trainee program,” Dave said. “So when you’re a college<br />
graduate that seems like a viable career because I had been there working<br />
my way through college and lo and behold I entered that program and<br />
became a merchandiser/buyer/manager for JC Penney. And I did that up<br />
in the Northeast for a couple of months when they called and told me they<br />
were moving me to the Washington, D.C., market.”<br />
Moving from a small town near Danbury to the sprawling metropolis of<br />
Washington, D.C., might have scared the heck out of most 24-year-olds<br />
still living at home, but not Dave.<br />
Not with his personality.<br />
“They literally gave me a week to pack up all my stuff and I was still<br />
living with my parents,” Dave said. “So I packed up all my stuff and went<br />
down to Washington where I knew absolutely no one. I didn’t know a soul<br />
in the area. And I’ve been here ever since, almost 20 years now. At this<br />
point in time it’s been a successful move, I would say. I enjoyed it because<br />
it was something new, something different. You’re talking to a guy who<br />
grew up in a small town in Connecticut with one stoplight and basically<br />
moving to the big city so to speak was something new and something different.<br />
It was exciting, it was great, it was fantastic, and then I realized<br />
retail was not for me.”<br />
He really had nothing in mind when he decided to get out of retail, so<br />
in his words he “floated” around for a while before landing a job at the<br />
American Trucking Associations as manager of safety programs for the<br />
ATA Safety Management Council.<br />
It might seem strange for a major trucking association to hire a person<br />
whose sole penchant for trucking up to this point was sticking his hand<br />
out the window of a car trying to make the big rig driver blast the horn. “I<br />
would probably say they drew the short straw, but in the end it was probably<br />
my personality. I can get along with just about anybody.”<br />
Being part of the trucking industry didn’t have to grow on Dave. It<br />
engulfed him from the start.<br />
“It was warm, it was nice, the people were great. You never met a<br />
mean person in trucking,” he said. “You always felt welcomed in anything<br />
you did, so at that point you just automatically knew you had<br />
a home. So for better or for worse you were kind of stuck, because<br />
everyone you met was such a great person. They may be people you<br />
see once a year, but they remembered your name, they remembered<br />
your face, they remembered what you were doing a year ago and asked<br />
Q & A With dave heller<br />
DATE AND PLACE OF BIRTH: February 3, 1972, Danbury,<br />
Connecticut.<br />
MY TRADEMARK EXPRESSION IS: My trademark expression<br />
changes much too frequently to actually quote one here.<br />
MOST HUMBLING EXPERIENCE: 9/11, we could see the smoke<br />
from the Pentagon from over the hill at ATA headquarters in<br />
Alexandria … the world suddenly became a very real thing.<br />
PEOPLE SAY I REMIND THEM OF: Stone cold Steve Austin.<br />
I HAVE A PHOBIA: That one day I may lose all of my hair …<br />
Umm … wait …<br />
MY GUILTY PLEASURE: Reality television.<br />
THE PEOPLE I’D INVITE TO MY FANTASY DINNER PARTY:<br />
Walt Disney, Aaron Sorkin, Bill Belichick, Jerry Seinfeld, David<br />
Letterman, Steve Jobs, Randy Pausch.<br />
I WOULD NEVER WEAR: A toupee.<br />
MY PET PEEVE: I cannot stand running water left unattended.<br />
MY HARDEST PROBLEM AS A PROFESSIONAL IS: Setting<br />
aside personal opinions in order to accurately portray factual<br />
anecdotes. I become engrossed rather easily.<br />
SOMETHING HARDLY ANYONE KNOWS ABOUT ME:<br />
There are reasons that hardly anyone knows these things and<br />
probably best it stays that way.<br />
A GOAL I HAVE YET TO ACHIEVE: Being able to spend one<br />
night in the Castle in Disney World. There must be a secret phrase or<br />
code or something … .<br />
THE LAST BOOK I READ: “Sycamore Row” by John Grisham.<br />
LAST MOVIE I SAW: “Unbroken.”<br />
MY FAVORITE SONG: “Boom Boom Pow,” (my son’s baseball<br />
walkup song).<br />
IF I’VE LEARNED ONE THING IN LIFE, IT WOULD BE:<br />
That life should never be limited to learning just one thing.<br />
THE THING ABOUT MY OFFICE IS: Disheveled would be a<br />
good word to put here.<br />
ONE WORD TO SUM ME UP: Personable.<br />
38 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>
you about that so it became an environment<br />
which a person could feel welcome in, which<br />
was very nice.”<br />
What’s more, it didn’t take Dave very long to<br />
realize that the general public wasn’t (and in the<br />
eyes of many still isn’t) giving trucking the due<br />
diligence it deserves.<br />
“If you’re not in the trucking industry, you<br />
just never realize how vast it truly is. … You<br />
take its flexibility for granted. Once you dive in<br />
you start realizing the ramifications and the farreaching<br />
aspects of the industry.”<br />
An industry advertising campaign that was<br />
running at the time struck a chord with him.<br />
“I always liken it back to that advertising<br />
program that ATA was running where there’s a<br />
picture of a baby and the caption underneath<br />
said, ‘Just about the only thing that was not delivered<br />
by a truck.’ At that point you start looking<br />
around your house<br />
at the things you<br />
own and you realize<br />
that everything you<br />
own, your daily life,<br />
the interactions that<br />
you have, people<br />
you meet, the places<br />
you go, the food<br />
you buy, the clothes<br />
you wear, 99.9 percent<br />
of their lives<br />
have been affected<br />
by trucks, whether<br />
they realize it or<br />
not. It didn’t take<br />
me long to realize I<br />
was in an industry I<br />
liked.”<br />
Neither did it<br />
take Dave long to<br />
embrace the safety<br />
arena.<br />
“When you’re<br />
working at a great<br />
place, you start seeing<br />
carrier members<br />
dedicated to safety.<br />
You start becoming<br />
acclimated with<br />
safety directors<br />
across the country.<br />
There is a network of them. There always<br />
has been. When you buy what they are selling<br />
you understand that they have this nation’s<br />
safe travels basically at their fingertips. That’s<br />
what their interest is. Their goal is to reduce accidents.<br />
It’s not because that’s what pays the<br />
bills, it’s because that’s what they’re taught<br />
to do. They understand safe driving and they<br />
preach it. And, it kind of grabs you in and starts<br />
walking you down the steps of regulatory compliance<br />
and safety performance. You really start<br />
to understand the industry better when you are<br />
going down that road.”<br />
The move to Washington and his job in trucking<br />
had a personal benefit, too.<br />
Through friends, he met his wife Meredith,<br />
who is a stay-at-home mom.<br />
They have a son Jake, who is 9 years old and<br />
like his father, loves baseball.<br />
They live in Alexandria, Virginia, only minutes<br />
from TCA headquarters.<br />
To really understand the love of baseball in<br />
Dave’s household, two dogs are part of the family:<br />
one is named “Fenway” (after Fenway Park,<br />
home of the Boston Red Sox) and the other is<br />
named “Poppy” (after David Ortiz, longtime Red<br />
Sox slugger whose nickname is “Big Papi.”<br />
“I’d say we are a family with a baseball problem<br />
is what we are,” Dave said with a chuckle.<br />
“Yeah, a baseball problem. I don’t think a<br />
weekend goes by where my son is not inevitably<br />
playing two, three, sometimes even four games<br />
in a weekend with different uniforms, resulting<br />
in tons of dirty laundry. Inevitably, I’m coaching<br />
those teams. For lack of a better way of saying<br />
it, we have a growing son who seems to enjoy<br />
the game and can actually throw a pretty good<br />
fastball himself.”<br />
Dave had a successful career at ATA, working<br />
there from November 1999 to October 2005.<br />
“Then I met a good guy named Chris Burruss<br />
(a former TCA president),” Dave said. “Rich<br />
Clemente (Dave’s predecessor) had moved over<br />
to the Federal Motor Carrier Safety Administration<br />
and Chris was looking for a safety person<br />
who could come in and understand the rules and<br />
regulations that affect the industry. I had the<br />
background in that area, so he brought me over<br />
and here I am.”<br />
(Clemente is still at the FMCSA where he<br />
works in the driver and carrier operations policy<br />
office.)<br />
It didn’t take Dave long to notice a major<br />
operational difference between ATA and TCA.<br />
“At TCA you do more with less,” he said.<br />
He recalled one of the first TCA staff meetings<br />
he attended.<br />
“You’re talking about the things you want to<br />
do and pretty much as you walk out of that staff<br />
meeting you’re doing it,” Dave said. “There’s<br />
the feeling of the big cruise liner turning versus<br />
the small canoe or speed boat turning. One<br />
can turn a lot quicker than the other. At TCA we<br />
act faster. There’s not that level of bureaucracy<br />
that’s involved at ATA. Pretty much the staff is<br />
it and while there have been staff changes, it<br />
has always been a hard-working staff. It’s always<br />
been a staff that’s believed basically the<br />
principle of putting your best foot forward and I<br />
think TCA has done a great job of doing it and I<br />
think the membership at TCA does a great job<br />
of fostering that.”<br />
Part of putting your best foot forward is staying<br />
zoned in on the challenge of making sure<br />
truck drivers return home safety after each trip,<br />
working within the regulations handed them by a<br />
federal government that most feel doesn’t really<br />
understand the ins-and-outs of the business.<br />
“Everybody kind of jokes around and says<br />
trucking is the most regulated/deregulated industry<br />
in the world,”<br />
Dave said. “But it<br />
just seems like that.<br />
Make no bones about<br />
it; the industry will<br />
embrace a regulation<br />
that makes us<br />
safer. But, there has<br />
to be sound data<br />
behind that regulation.<br />
It has to make<br />
sense. We, as an<br />
industry, are not opposed<br />
to regulation.<br />
We embrace sensible<br />
regulations that<br />
will make our trucks<br />
and our drivers safer<br />
and allow them to<br />
get home at night<br />
to their families.<br />
We embrace those<br />
regulations. I think<br />
that’s just a wide<br />
misconception that<br />
people have about<br />
our industry that<br />
we don’t want to be<br />
regulated. And that’s<br />
just not the case. We<br />
want to have sensible<br />
regulations. We<br />
want regulations that actually work, and not<br />
things that don’t.”<br />
There’s another challenge: overcoming some<br />
of those same misconceptions among the motoring<br />
public, who listen as the industry rails<br />
against certain regulations and are quick to<br />
share their bad experiences with big rigs.<br />
“The challenge is that we have to share the<br />
road. If it were all just truck drivers, and there<br />
were no such things as bad weather or congested<br />
roads, I think that we would have a very effective<br />
driving fleet. However, we do share the<br />
road and there is bad weather and there is congestion.<br />
We as an industry are tasked with being<br />
flexible in those aspects.”<br />
If you’re looking for someone who’ll lead the<br />
charge to overcoming those aforementioned<br />
challenges and who is dedicated to building a<br />
safer industry, put your money on Dave.<br />
David Heller, that is — if you want to be more<br />
formal — CDS, Director of Safety and Policy.<br />
TCA <strong>2015</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 39
O<br />
utside on the gridlocked streets of<br />
the nation’s capital, thousands began gathering<br />
September 22 hoping for a glimpse of<br />
Pope Francis during public ceremonies held<br />
September 23-24 in honor of the first visit to<br />
America of the Catholic faith’s spiritual and inspirational<br />
leader.<br />
Inside in the ballroom of the Grand Hyatt<br />
Washington, some 250 trucking industry<br />
stakeholders gathered for an inspirational<br />
— and you might even say spiritual — evening<br />
of their own — the third annual <strong>Truckload</strong><br />
Carriers Association Charitable Gala<br />
benefiting Wreaths Across America (WAA),<br />
and during an upbeat evening where tears<br />
rivaled cheers for the nation’s veterans,<br />
raised about $320,000 for the nonprofit organization<br />
that honors the fallen by placing<br />
fresh wreaths at Arlington National Cemetery<br />
and more than 1,000 other veterans’<br />
cemeteries nationwide.<br />
The event attracted representatives from<br />
many genres, including government, the military/veterans,<br />
media, entertainment, and, of<br />
course, the trucking industry, which is well<br />
known for its patriotism.<br />
TCA has been an avid supporter of and<br />
partner with Wreaths Across America for<br />
years, and has come to play a vital role in coordinating<br />
logistics and truck driver/equipment<br />
support for WAA’s wreath-laying efforts each<br />
December.<br />
“With the Pope in town, it was a little tricky<br />
getting here, but it was worth it,” said TCA<br />
Chairman Keith Tuttle. “By coming together<br />
annually, we are reminded of what a wreath on<br />
a grave has come to represent … eternity and<br />
a symbol of peace. Each and every time one<br />
of our member trucks drives into a cemetery<br />
loaded down with hundreds of fresh wreaths<br />
on behalf of Wreaths Across America, it’s the<br />
trucking industry’s way of saying, ‘We remember.<br />
And we give our thanks.’”<br />
Speaker after speaker brought the audience<br />
to its feet with stories of heroism on the<br />
battlefield.<br />
But there were tears and dry throats as<br />
those same speakers talked about the wounds<br />
and even deaths that are the inevitable part of<br />
heroism.<br />
They heard and cheered as Mary Byers, a<br />
past president of American Gold Star Mothers,<br />
talked about her son, Capt. Joshua Byers, lying<br />
mortally wounded on the battlefield in Iraq<br />
in the summer of 2003 after his Humvee was<br />
blown up by an IED, summoning the strength<br />
to tell his driver to “keep moving forward.” Her<br />
challenge was for TCA and WAA to keep moving<br />
forward in the effort to place wreaths on<br />
the graves of every American veteran each<br />
December.<br />
They heard the Rev. Lloyd Byers thank<br />
God for the work of TCA and WAA.<br />
They heard and cheered Col. Jack Jacobs,<br />
a Congressional Medal of Honor recipient for<br />
heroism in Vietnam, when he said that every<br />
American owes to their country a time of service<br />
in the military.<br />
They heard and cheered Karen Worchester,<br />
executive director of Wreaths Across<br />
THE FLAG POLE OF FREEDOM<br />
ARMY COL. WILL JOHNSON<br />
<strong>2015</strong><br />
By Lyndon Finney<br />
America, when she told the trucking industry<br />
that without its support WAA could not achieve<br />
its mission and expressed thanks for the carriers<br />
and drivers who volunteer their time and<br />
equipment to move the wreaths to the various<br />
cemeteries.<br />
They heard Worchester’s husband Morrill<br />
announce plans in 2016, the year of WAA’s<br />
25th anniversary, to begin efforts to raise<br />
TRAVIS MILLS, TCA CHAIRMAN KEITH TUTTLE<br />
COL. JACK JACOBS SIGNS BOOKS FOR VICKEY WITHAM,<br />
CHELSEA POTTLE DEMMONS, STEVE SICHERMAN, DAVE WIDLY<br />
ANN LePAGE,<br />
FIRST LADY OF MAINE<br />
PATRIOT EMSEMBLE<br />
BRASS BAND DIRECTOR<br />
JARI VILLANUEVA<br />
DRIVERS RAYMOND LEE AND<br />
DONNA DIANNE SUMMERS<br />
LLOYD AND MARY BYERS,<br />
FORMER PRESIDENT OF AMERICAN<br />
GOLD STAR MOTHERS<br />
40 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>
Wreaths Across America Gala<br />
funds to build The Flagpole of Freedom in<br />
Maine in what will become the world’s tallest<br />
flagpole at 1,000 feet and the highest<br />
public monument in America. In comparison,<br />
the flagpole would be almost twice as tall as<br />
the Washington Monument. The flag itself is<br />
slated to be 155 feet tall and 290 feet wide,<br />
made of Kevlar and stainless steel mesh,<br />
and weigh 2,600 pounds.<br />
MARLI RIGGS SELLS WINE<br />
GRAB TO MARY ELLIS, DON BOWMAN<br />
THE PATRIOT ENSEMBLE BRASS BAND<br />
TRAVIS MILLS<br />
COL. JACK JACOBS<br />
KEN MCCULLOUGH, RUSSELL STUBBS,<br />
MIKE EGGLETON JR.<br />
DENNIS DELLINGER, DEBBIE SPARKS<br />
WAYNE HANSON ACCEPTS CHECK FROM PATRICK SIMMONS OF WALMART TRANSPORTATION<br />
But the biggest ovation of the evening was<br />
for retired U.S. Army Staff Sgt. Travis Mills,<br />
who on April 10, 2012, was critically injured<br />
on his third tour of duty in Afghanistan by an<br />
IED while on patrol, losing portions of both<br />
legs and both arms, and who is one of only<br />
five quadruple amputees from the wars in Iraq<br />
and Afghanistan to survive his injuries.<br />
Mills shared his time of despair after suffering<br />
the injuries, but how he now lives by the<br />
motto “never give up, never quit.”<br />
Mills, who walked on the stage with prosthetic<br />
legs and wearing a prosthetic left arm,<br />
left the audience speechless with his optimism<br />
and enthusiasm.<br />
In September 2013, he founded the Travis<br />
Mills Foundation, a nonprofit organization<br />
formed to benefit and assist wounded and injured<br />
veterans.<br />
Mills, who is married and has a daughter,<br />
has authored “Tough as They Come,” a book<br />
about his experiences which will be on sale<br />
October 27.<br />
“It was chilling, yet inspirational, to hear<br />
the personal stories of military service as told<br />
by our speakers. They are all true heroes,”<br />
said Wendy Hamilton from Pilot Flying J and<br />
who also serves as one of the co-chairs of<br />
TCA’s Communications & Image Policy Committee.<br />
“Each of them embodies the spirit of<br />
Wreaths Across America: to remember and<br />
honor those who have sacrificed so much for<br />
America.”<br />
A significant portion of the funds raised<br />
during the evening came from the Walmart<br />
Foundation of Bentonville, Arkansas. Patrick<br />
Simmons, senior director of transportation<br />
for Walmart, said that <strong>2015</strong> marks the third<br />
consecutive year the company is donating<br />
$150,000 through TCA’s Gala.<br />
“Walmart is grateful for the sacrifices that<br />
our nation’s veterans and their families have<br />
made in service to our country,” he said. “We<br />
believe in the mission of Wreaths Across<br />
America. We agree that it is not only our duty,<br />
but our honor to support our men and women<br />
in uniform.”<br />
Proceeds from the Gala are the starting<br />
point for TCA’s <strong>2015</strong> fundraising season for<br />
WAA. The organization encourages the trucking<br />
industry to give generously to the cause by<br />
making a donation in any amount or by purchasing<br />
individual wreaths for $15 each. The<br />
wreaths can be purchased at <strong>Truckload</strong>OfRespect.com.<br />
Pilot Flying J was the platinum sponsor<br />
of the Gala, Freightliner was the<br />
gold sponsor and Randall-Reilly the silver<br />
sponsor.<br />
TCA is the only national trade association<br />
whose collective sole focus is the truckload<br />
segment of the motor carrier industry. The<br />
association represents dry van, refrigerated,<br />
flatbed and intermodal container carriers operating<br />
in the 48 contiguous states, as well as<br />
Alaska, Mexico, and Canada. Representing<br />
operators of more than 200,000 trucks, which<br />
collectively produce annual revenue of more<br />
than $20 billion, TCA is an organization tailored<br />
to specific truckload carrier needs.<br />
TCA <strong>2015</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 />
SCF<br />
The St. Christopher Fund provided free flu shots<br />
to the first 75 truckers at each health fair location<br />
and still has vouchers to give out for free flu<br />
shots at The Little Clinics (TLC) and Walgreens as<br />
a courtesy of the Owner-Operator Independent<br />
Drivers Association, TLC and Con-way Inc. Any<br />
CDL holder can e-mail contact@truckersfund.org<br />
with their preferred location (TLC or Walgreens)<br />
and will be sent a voucher.<br />
Professional truck drivers comprise an honorable if not<br />
rather unique profession.<br />
Sitting strapped in a seat all day and rumbling — make<br />
that bouncing — down the beat-up interstate highway at 65<br />
mph while watching four-wheelers dart in and out of your lane<br />
calls for some type of mental relief.<br />
For a trucker, that often means listening to talk radio and<br />
occasionally — and carefully — calling in yourself.<br />
Much of the time today, callers just want to vent about<br />
those folks in Washington who are writing all those “unworkable”<br />
federal regulations, or maybe about how tough it is to<br />
find a parking place.<br />
But back in 2007 as the economic downturn began to<br />
descend on the country, radio host Dave Nemo and his broadcast<br />
partner Michael Burns began to notice a trend among<br />
callers to the show.<br />
They were calling about something far more important<br />
than regulations or parking spaces.<br />
They were calling to say they — and often their families<br />
— were struggling to survive as a result of catastrophic illness<br />
or injury.<br />
After a while, Nemo and Burns knew it was time to do<br />
more than listen.<br />
They contacted Dr. John McElligott, who among other<br />
medical interests, operated driver medical depots in trailers at<br />
truck stops, and who was making regular appearances on the<br />
show taking calls from drivers who needed medical advice.<br />
One of the biggest issues was drivers who’d been told<br />
they needed sleep studies, but had no way to pay for either<br />
the study or a CPAP machine if eventually it was determined<br />
as the proper course of treatment.<br />
So out of the concern of Nemo, Burns and McElligott, the<br />
St. Christopher Truckers Development and Relief Fund (SCF)<br />
was incorporated as a not-for-profit organization.<br />
“The goal was that when a driver had a medical issue<br />
that led to financial difficulty, the fund would be there to help<br />
them,” said Dr. Donna Kennedy, who today is the organization’s<br />
executive director. “In the beginning we were paying for the<br />
sleep studies and medical procedures and things such as that,<br />
but it evolved over the years to where we are really paying for<br />
household expenses when drivers are injured or out of work<br />
because of illness. We want to do all we can to help drivers<br />
get back on the road.”<br />
To date, SCF has given more than $1 million to 1,300 drivers.<br />
It also can provide applicants with local resources such<br />
as the American Cancer Society and the American Heart Association.<br />
Requests for assistance, which can be made at the SCF<br />
website (truckersfund.org), don’t necessarily come from<br />
smaller fleets and owner-operators, Kennedy said.<br />
“In the past three years, 180 drivers have applied for assistance<br />
from 18 big fleets such as J.B. Hunt Transport, Landstar,<br />
Schneider, USXpress, Swift Transportation and Celadon,”<br />
she said, noting that the organization has provided more than<br />
$137,000 of behalf of the drivers of those 18 carriers.<br />
As an example of how it can help drivers, if a driver does<br />
need a sleep study, SCF can refer them to a couple of different<br />
places for them to have an in-cab study for under $300. If it’s<br />
determined they need a CPAP, those same places can provide<br />
one for under $900, so the total cost to the driver would be<br />
$1,200.<br />
Kennedy said a sleep study done at a facility costs between<br />
$3000-5,000 and the CPAPs run from $1,200-$4,000<br />
depending on what kind is needed.<br />
“And if the driver cannot afford the CPAP, they can fill out a<br />
SCF application and we can get them one from the American<br />
Sleep Apnea Association for $100,” she said.<br />
SCF is an all donation-based organization.<br />
“Our board is made up entirely of volunteers and they<br />
work hard to get people to donate,” Kennedy said.<br />
The biggest financial supporter is TravelCenters of America,<br />
operator of TA and Petro Stopping Centers. They conduct<br />
an annual “Band Together for SCF” campaign, which this year<br />
ran during August at 256 TA and Petro locations nationwide.<br />
Customers and employees alike were offered the opportunity<br />
to make $1 and $5 donations.<br />
Those making $1 donations received a commemorative<br />
wristband and those making a $5 donation received a SCF<br />
keychain.<br />
This year, the organization raised $315,331 for SCF, including<br />
a $2,500 contribution from vendor partner Bell Gaming.<br />
“I want to personally thank each and every customer,<br />
employee and vendor that generously contributes to helping<br />
drivers in need,” said Tom O’Brien, president and CEO of<br />
TravelCenters. “At TravelCenters, we want to make sure our<br />
professional drivers are treated with the utmost respect. When<br />
illness or tragedy strikes, SCF can help make sure they receive<br />
needed care and financial assistance, so all they have to focus<br />
on is getting healthy and getting back on the road safely.”<br />
The <strong>Truckload</strong> Carriers Association is 100 percent behind<br />
SCF and is urging member carriers to consider making an<br />
annual donation.<br />
“It is vitally important that we as leaders in the trucking<br />
industry do everything possible to protect the health and<br />
wellness of the men and women who are the backbone of the<br />
mode of transportation Americans depend on to move most of<br />
the nation’s freight,” said Debbie Sparks, TCA vice president<br />
of development. “The St. Christopher Fund is a key initiative<br />
in meeting that goal. While we are working diligently to become<br />
a healthier industry, the fact remains that more than 70<br />
percent of drivers have one or more serious health problems<br />
such as obesity, diabetes, sleep disorders and cardiovascular<br />
disease. Often, these health problems bring about financial<br />
hardship. Without the St. Christopher Fund, these drivers<br />
would have nowhere to turn for help to make it through tough<br />
times and be able to return to work. TCA heartily applauds the<br />
work of the fund and encourages its members to financially<br />
support its efforts.”<br />
SCF efforts now extend beyond assisting those drivers<br />
with financial needs because of illness, Kennedy said.<br />
During TCA’s health fairs conducted as part of National<br />
Truck Driver Appreciation Week in September, SCF offered free<br />
flu shots to the first 75 drivers at each location and also provided<br />
an additional 575 vouchers for free flu shots that can be<br />
used at any Walgreens and The Little Clinics (TLC) locations.<br />
The Centers for Disease Control and Prevention reports that<br />
over 200,000 people are hospitalized with flu-related symptoms<br />
each year. Just last year SCF helped a driver who was in<br />
the hospital and near death because of the flu.<br />
Also SCF just kicked off a health challenge where two<br />
people will win prizes each month and two people will become<br />
the overall winners at the end of six months.<br />
“Drivers getting healthy and learning about how to make<br />
healthier choices will prevent them from coming off the road,”<br />
Kennedy said.<br />
For more information about SCF, including information on<br />
the health challenge, visit the organization’s website at truckersfund.org.<br />
Brad Bentley<br />
Brad Bentley on August 27 resigned his position as president<br />
of the <strong>Truckload</strong> Carriers Association, citing family obligations<br />
in his native Alabama.<br />
“It has been my distinct honor to serve as president of<br />
the <strong>Truckload</strong> Carriers Association for the past 10 months,” he<br />
said, “but the time has come for a new direction.”<br />
Bentley said he plans to take time off before pursuing<br />
other opportunities in the trucking industry.<br />
Under the guidance of Chairman Keith Tuttle, TCA’s<br />
officers have formed a search task force to find a replacement.<br />
The TCA staff, under the leadership of Executive Vice President<br />
Bill Giroux and Vice President for Development Debbie<br />
Sparks, is committed to moving TCA’s mission forward, Tuttle<br />
said.<br />
Bentley had been chosen for the president’s position last<br />
September from a field of more than 100 applicants. He suc-<br />
42 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>
ceeded Chris Burruss, who had resigned earlier in 2014.<br />
Previously, he had spent 26 years in trucking-related publishing,<br />
writing and sales.<br />
A University of Alabama graduate with a degree in broadcast<br />
journalism, Bentley spent six years in driver recruitment<br />
advertising sales, followed by 15 years as a trucking publisher<br />
before becoming the editorial director for Randall-Reilly recruiting<br />
in 2008.<br />
He had long been active in TCA, most recently serving as<br />
co-chair of the Image and Communication Policy Committee.<br />
Bentley played a role in the behind-the-scenes development<br />
of several of TCA’s signature activities, including helping to<br />
formalize TCA’s partnership with Wreaths Across America,<br />
introducing TCA to organizers of the U.S. Capitol Christmas<br />
Tree project, and promoting the Highway Angel program on a<br />
regular basis throughout the years.<br />
While at Randall-Reilly, Bentley developed the Mike<br />
O’Connell Memorial Trucking’s Top Rookie Program.<br />
Top Rookie<br />
Dart driver and U.S. Army veteran Fred Weatherspoon said<br />
he “felt like a kid at Christmastime” when he heard he’d been<br />
named one of 10 finalists for the <strong>2015</strong> Mike O’Connell Memorial<br />
Trucking’s Top Rookie award. When he was announced<br />
as the winner August 28 during the Great American Trucking<br />
Show at Dallas, he cried.<br />
The program is designed to increase pride and professionalism<br />
among new drivers and to promote truck driving<br />
Top Rookie Fred Weatherspoon says he’s always<br />
loved driving.<br />
as a career choice during a severe driver shortage, and is a<br />
partnership between Randall-Reilly, the <strong>Truckload</strong> Carriers<br />
Association, Commercial Vehicle Training Association, Rand<br />
McNally, Shell ROTELLA, Pilot Flying J, Progressive Commercial<br />
Insurance, National Association of Publicly Funded Driving<br />
Schools, American Trucking Associations and the Red Eye<br />
Radio Network.<br />
“I’ve always loved driving,” said Weatherspoon. “I think I<br />
got it from my mom. She loved to drive. It gets in your veins.”<br />
In the Army he said when he got a four-day pass he would<br />
set out driving somewhere.<br />
Originally from Dayton, Ohio, Weatherspoon now calls<br />
Duluth, Georgia, home and is active in Special Olympics. While<br />
on stage to claim his award, he urged news conference attendees<br />
to “find a special needs person and sponsor them.<br />
They will love it.”<br />
The 10 finalists and winner Weatherspoon were picked by<br />
a group of expert judges in the trucking industry who graded<br />
the drivers for such things as on-time delivery, safety performance,<br />
work record and their community activities.<br />
Before the presentation began, ATA America’s Road Team<br />
members Gary Babbit, Eric Flick and Kirk Weis greeted the<br />
finalists, encouraging them and shaking hands. And before<br />
Weatherspoon was named winner, Flick and Weis shared some<br />
words of wisdom with the rookie drivers. It was a case of the<br />
cream of the crop of seasoned drivers welcoming the cream<br />
of the crop of newcomers to the industry.<br />
Weis told the rookies to enjoy what they do every day, be a<br />
professional and start and end each day with safety, and Flick<br />
said his advice was to “never sacrifice anything for safety.”<br />
The other finalists were:<br />
• Chantelle Bomberry of Canada, a Transportation Specialists<br />
driver<br />
• John Deering, a Werner driver and military veteran<br />
• Jeremy Degarmo, also former Army and a TMC Transportation<br />
driver<br />
• Paul Golden, a driver for H.O. Wolding Inc.<br />
• Diego Guerrero, a Stevens Transport driver<br />
• David Ham, a Con-way <strong>Truckload</strong> driver<br />
• Tito McRae, who drives for Maverick Transport<br />
• Mack Parks, a Melton Truck Lines driver and TCA Highway<br />
Angel, and<br />
TCA <strong>2015</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 43
• William Schmidt, also a Dart driver.<br />
In addition to the cash prize, Weatherspoon won an interview<br />
with Eric Harley of the Red Eye Radio Network; a custom<br />
plaque from Award Company of America, a division of Randall-<br />
Reilly; a RoadPro Getting Started Living On-The- Go Package;<br />
$1,000 cash and 100,000 MyRewards points from Pilot Flying<br />
J; a GPS unit and Motor Carrier Road Atlas from Rand McNally;<br />
a dash camera from Cobra Electronics and an ATA “Trucking<br />
Moves America Forward” gift pack.<br />
Bomberry also won a year’s membership in the Women In<br />
Trucking Association.<br />
Safety Award<br />
Each fall, <strong>Truckload</strong> Carriers Association members submit<br />
applications for trucking’s most important competition — the<br />
National Fleet Safety Awards.<br />
Carriers placing first, second and third in each of six mileage-based<br />
divisions are honored and selected based on their<br />
accident ratios from October 1 to September 30 in any given<br />
year.<br />
Deadline for entries for the <strong>2015</strong> awards is November 6.<br />
Division winners are subject to an audit for ratio accuracy<br />
and invited to compete for one of two grand prizes.<br />
Carriers with annual mileage of 25 million or fewer miles<br />
vie for one top award, while companies with more than 25<br />
million miles compete for the other.<br />
The grand prize winners will be announced next March at<br />
the TCA annual convention in Las Vegas.<br />
“In our industry, safety is and always will be our top priority.<br />
Therefore, earning one of these two grand prizes or even<br />
being named a finalist in one of the six mileage categories<br />
is an indication of how hard our members work to keep their<br />
drivers and the motoring public safe on the nation’s highway,”<br />
said TCA Chairman Keith Tuttle.<br />
The awards are sponsored by Great West Casualty Co.<br />
“It’s always an honor for Great West Casualty to sponsor<br />
TCA’s National Fleet Safety Awards,” said Patrick Kuehl, Great<br />
West Casualty’s executive vice president. “These awards<br />
recognize some of the safest fleets in North America and set<br />
admirably high safety standards for the industry.”<br />
The division categories include Division I for carriers with<br />
under 5 million miles traveled, Division II (5-14.99 million<br />
miles), Division III (15-24.99 million miles), Division IV (25-<br />
49.99 million miles), Division V (50-99.99 million miles) and<br />
Division VI (100-plus million miles).<br />
Bison Transport of Winnipeg, Manitoba, Canada won the<br />
more than 25 million miles category last year, the fifth consecutive<br />
year Bison has been so honored.<br />
FTC Transportation Inc. of Oklahoma City was named safest<br />
carrier in the under 25 million miles category.<br />
“TCA’s National Fleet Safety Awards program has helped<br />
fuel our own safety program, motivating our workforce and<br />
validating our safety performance among our peers . . . You<br />
will be hard pressed to look anywhere in your business and<br />
find a better return on investment and time,” Bison Transport<br />
President and COO Rob Penner said in accepting the award<br />
last year.<br />
To submit an application, go to truckload.org/National-<br />
Fleet-Safety-Awards.<br />
PTDI Schools<br />
At some point in the coming months, the Federal Motor<br />
Carrier Safety Administration will publish a Notice of Proposed<br />
Rulemaking on entry-level driver training.<br />
The agency is proposing to adopt new standards for mandatory<br />
training requirements for entry-level drivers that would<br />
require persons applying for new or upgraded CDLs to complete<br />
classroom, range and behind-the-wheel training from a<br />
training provider listed on a national registry.<br />
And whether training on mountainous roads in rural Pennsylvania,<br />
remote areas in Alaska or the congested highways of<br />
metropolitan Memphis, schools with Professional Truck Driver<br />
Institute (PTDI) course-certified programs are ready for proposed<br />
new rule, which PTDI wholeheartedly supports.<br />
“When I looked at the new entry-level driver training<br />
information coming from the federal government’s consortium<br />
on what CDL students should know, I was not nervous,” said<br />
Tina Frindt, director of Northampton Community College (NCC),<br />
in Tannersville, Pennsylvania, one of four schools that recently<br />
received PTDI course certification or recertification. “I already<br />
do all of what they will require because of PTDI.”<br />
For each of the schools that received course certification<br />
or recertification recently, PTDI ensures they meet or exceed<br />
the only current national standards for truck driving training.<br />
PTDI standards also surpass that of the anticipated FMCSA<br />
standards even though the environment and conditions under<br />
which these programs operate may be quite unusual, according<br />
to PTDI.<br />
Situated in a farmland community with a growing population<br />
of commuters, the campus of NCC is located at the base<br />
of a mountain, “which means winding roads that are treacherous<br />
in winter months,” Frindt said. “We’re also close to metro<br />
areas like Allentown, so we can throw a lot of different things<br />
at our students, like getting them onto major highways and<br />
teaching them under multiple road conditions.”<br />
“Our school’s biggest strength is our location,” said Joey<br />
Crum, president of Northern Industrial Training, LLC, in Palmer,<br />
Alaska, which received its initial certification nearly 11 years<br />
ago. “We are very close to Anchorage and at the same time,<br />
close to two mountain passes and very close to the ocean. So<br />
we have an unusual multi environment of ocean, rural, and<br />
urban that really affords us an opportunity to focus on the<br />
skills that our students need to work on.”<br />
Nationwide recruiters seek the school’s graduates, some<br />
of whom will leave the state while others will take advantage<br />
of driving the Alaskan Al-Can (Alaska to Canada) highway,<br />
Crum said.<br />
Another Alaskan school, Yuut Driving Academy, in Bethel,<br />
received its first course certification.<br />
As the smallest school, Yuut is located in the most unusual<br />
area. Although classified as a city, Bethel has a population of<br />
only 6,500, and is surrounded by small villages, a few paved<br />
roads, and a state highway only several miles long. Despite its<br />
remote location, Bethel has the third busiest airport in Alaska.<br />
Yet every area has its challenges. At Swift Professional<br />
Driving Academy, in Memphis, Tennessee, David Mays, academy<br />
leader, noted the challenge their students face “is the madness<br />
of some drivers in automobiles — their unpredictable, unsafe,<br />
and assertive driving. You have to account for this in the training.<br />
Based on the materials we provide students, they have a<br />
pretty good clue before they get behind the wheel.”<br />
Being located in a metropolitan area means more competition,<br />
more choices. But Mays isn’t concerned. “We find our<br />
graduates have talked to our students about the high level of<br />
training they’re getting here, and, despite students knowing<br />
the time involved for our program is lengthier, word of mouth<br />
is drawing them,” Mays said.<br />
“One thing I’ve noticed,” he added, “is PTDI has given our<br />
program a more solid foundation for entry-level drivers. And<br />
the certification process makes us better instructors.”<br />
Jeremy Osborne, program director at Yuut Driving Academy,<br />
agrees. “It was amazing how much the certification<br />
process helped us improve our training program,” he said.<br />
“We addressed a lot of things we never even thought of and<br />
received great feedback on our methods from experienced<br />
professionals.”<br />
Because of Yuut’s location, PTDI conducted its first virtual<br />
visit to evaluate a school’s program, and for that, Osborne is<br />
grateful. “We’re a small organization out in the middle of rural<br />
Alaska, so it’s nice to be part of PTDI.”<br />
New Website<br />
The new <strong>Truckload</strong> Carriers Association website is<br />
portable and can be viewed easily using a desktop<br />
computer, laptop or mobile device.<br />
The <strong>Truckload</strong> Carriers Association has launched a new<br />
website with upgraded functionality and a new, streamlined<br />
design for easier access to content.<br />
While the URL remains the same — truckload.org — the<br />
association’s goal is to be the most useful online resource<br />
for information about the issues affecting truckload carriers,<br />
according to TCA Chairman Keith Tuttle.<br />
“Our new website is portable and can be viewed easily,<br />
whether you’re using a desktop computer, a laptop or a mobile<br />
device,” Tuttle said, “and we’ve consolidated the content to<br />
make it easier and more intuitive to use.”<br />
Debbie Sparks, vice president of development, said the<br />
popularity of TCA’s social media channels inspired the organization<br />
to highlight them on the site.<br />
“A Twitter feed is now available so visitors can see social<br />
media activity in real time,” Sparks said.<br />
The new website allows visitors to view key information<br />
about ongoing issues involving advocacy, education, events,<br />
membership and outreach via a new navigation bar at the top.<br />
Website content is organized to point visitors in the right direction<br />
by highlighting current affairs and important initiatives.<br />
Sparks said while the website has already been launched<br />
with this new design and valuable information, there will be<br />
additional features rolled out over the coming months.<br />
Driver of Year<br />
The <strong>Truckload</strong> Carriers Association and partner Randall-<br />
Reilly have opened nominations for the <strong>2015</strong> Driver of the<br />
Year competition. To nominate an owner-operator or company<br />
driver with a safe driving record, strong work ethic and desire<br />
to improve his/her community and the image of the trucking<br />
industry, visit https://truckload.org/Driver-of-the-Year.<br />
Nominations will be accepted until November 6.<br />
The <strong>2015</strong> competition, which is sponsored by Cummins<br />
Inc. and Love’s Travel Stops and Country Stores, is divided into<br />
two categories: Company Driver of the Year contest — now<br />
in its 25th year — and Owner-Operator of the Year contest<br />
— now in its 27th year. The two overall winners will receive<br />
$25,000 each, while the two runners-up in each division will<br />
win $2,500.<br />
“We have partnered with TCA to produce this competition<br />
for many years, and we’re always amazed at the qualifications<br />
of the candidates,” said Brad Holthaus, executive associate<br />
producer for Randall-Reilly of Tuscaloosa, Alabama. “These are<br />
44 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2015</strong>
very hardworking men and women who put aside their own needs to get out on the road and<br />
move North America’s freight. It will be our privilege to recognize the top winners who make it<br />
possible for all of us to have the goods we need, when we need them.”<br />
To qualify for the contests, all nominees must have driven a minimum of 1 million consecutive,<br />
accident-free miles. Company drivers must be nominated by the motor carrier that employs<br />
them. Owner-operators may be nominated by a carrier they have been leased to for a period of<br />
three or more years, or they can nominate themselves or be nominated by a spouse. Previous<br />
grand prize winners are not eligible to enter either contest again, and other requirements can be<br />
found in the official contest rules available on TCA’s website.<br />
In addition to the basics listed above, nominees must provide proof of operating information,<br />
work history and safety record. They also will be asked to write a 300-word essay explaining<br />
why they are good “trucking citizens” and should be a candidate for the grand prize. For the<br />
owner-operators, additional documentation is required, such as equipment specifications, business<br />
plans and financial statements.<br />
The competition judges will examine these materials and select the top three finalists for<br />
each contest, to be announced in December.<br />
Each of the six finalists will receive an all-expense paid trip to attend TCA’s Annual Convention,<br />
scheduled for March 6-9, 2016, at the Wynn Las Vegas Resort in Las Vegas. There, one<br />
grand prize winner will be selected from each contest.<br />
For more information about TCA and its activities, visit truckload.org and follow the organization<br />
on Facebook — truckload.org/Facebook — and Twitter — truckload.org/Twitter.<br />
Scholarship Winners<br />
The <strong>Truckload</strong> Carriers Association Scholarship Fund will be providing financial assistance to<br />
37 college students for the <strong>2015</strong>-16 academic year. Each student will receive amounts ranging<br />
from $2,725 to $6,250 from a total pool of approximately $108,000.<br />
The six largest amounts are for scholarships named after some of TCA’s past chairmen and<br />
most dedicated members and affiliates. The largest scholarship — named after the National<br />
Association of Independent Truckers for the amount of $6,250 — will go to Joey Kilmartin of<br />
Murray, Kentucky. A former over-the-road driver and driver trainer, Kilmartin now works in the<br />
Driver Services Department at Paschall Truck Lines and is working toward a bachelor’s degree<br />
in business administration.<br />
Dylan Tungate of Loretto, Kentucky, is studying business information technology and would<br />
like to eventually earn a master’s degree in management. He will receive the $4,500 scholarship<br />
named after past TCA Chairman, the late John Kaburick. Tungate says that he learned to be a<br />
hard worker and team player from his dad, who works for Hendrickson.<br />
Following are this year’s winners:<br />
TANNER HAYES<br />
GRACE HIGGINS<br />
Meghan Dober, Great Dane Trailers, Savannah, Georgia; Samantha Doyle, Big G Express, Dandridge,<br />
Tennessee; Taylor Field, Knight Transportation, Phoenix; Evan Grant, Baylor Trucking,<br />
Mount Vernon, Ohio; Tyler Hayzlett, Big G Express, Mount Juliet, Tennessee; Hughston Hodges,<br />
Hodges Trucking Company, Athens, Georgia; Hunter Hodges, Hodges Trucking Company, Hamilton,<br />
Georgia; Erica Jackson, Knight Transportation, Carson, California; Hannah Linville, Wabash<br />
National, Indianapolis. Sarah Lucas, Hirschbach Motorlines, Inver Grove Heights, Minnesota;<br />
Amanda Mankovich, Wabash National, West Lafayette, Indiana; KateLynn Nagel, Henderson<br />
Trucking, Collinsville, Illinois; Connor Pittman, Great Dane Trailers, Terre Haute, Indiana; Gabrielle<br />
Pybus, Landstar Transportation Systems, Jacksonville, Florida; Laura Runkel, Anderson Trucking<br />
Service, Whitehall, Wisconsin; Simone Scally, Metropolitan Trucking, Mountain Top, Pennsylvania;<br />
Alexandra Shawgo, Roehl Transport, Pekin, Illinois; Amanda Solt, Cowan Systems, Northport,<br />
Alabama; Hallie Ussery, Hodges Trucking Company, LaGrange, Georgia; Kaylie VanGalder, Ralph<br />
Moyle, Paw Paw, Michigan; Tyler Wagner, McLeod Software, Avon, Indiana; Meg Will, Celadon<br />
Group, Fishers, Indiana. Xiao Zhou, Maverick Transportation, Oak Ridge, Tennessee.<br />
provides answers for<br />
decision making<br />
MICHELLE LEHNUS<br />
JOEY KIILMARTIN<br />
DYLAN TUNGATE<br />
ALICIA BASILE<br />
NATIONAL ASSOCIATION OF INDPENDENT TRUCKERS SCHOLARSHIP WINNER ($6,250): Joey<br />
Kilmartin, Paschall Truck Lines, Murray, Kentucky<br />
PAST CHAIRMEN’S JOHN KABURICK WINNER ($4,500): Dylan Tungate, Hendrickson, Loretto,<br />
Kentucky<br />
KAI NORRIS SCHOLARSHIP WINNER ($3,250): Alicia Basile, Roehl Transport, College Park,<br />
Maryland<br />
THOMAS WELBY SCHOLARSHIP WINNER ($3,250): Tanner Hayes, Roehl Transport, Marshfield,<br />
Wisconsin<br />
STONEY REESE STUBBS WINNER ($3,520): Grace Higgins, Prime inc., Ozark, Missouri<br />
DARREL CLARK WILSON III WINNER ($3,250): Michelle Lehnus, Hoekstra Transportation,<br />
Bourbonnais, Illinois<br />
TCA SCHOLARSHIP WINNERS ($2,725): Bree Balsamo, Dart Transit, Marianna, Pennsylvania;<br />
Ashleigh Bredigkeit, Boyd Brothers Transportation, Kimberly, Alabama; Conor Campbell, Metropolitan<br />
Trucking, Hanson, Massachusetts; Timothy Chism, FFE Holdings, Huntsville, Texas;<br />
Bridget Collins, Boyle Transportation, North Andover, Massachusetts; Declan Collins, Boyle<br />
Transportation, North Andover, Massachusetts; Heather Deckard, Prime inc., Buffalo, Missouri;<br />
For a FrEE consultation call:<br />
Rick Peschka (West Coast): 405-418-4213<br />
eddie BakeR (east Coast): 870-932-0444<br />
L e a r n m o r e a b o u t u s o n L i n e b y v i s i t i n g a d donsystems.com<br />
TCA <strong>2015</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 45
SPRING 2014<br />
Mark Your<br />
Calendar<br />
>> NOVEMBER 9-10 — Benchmarking: TC-06 *Invitation Only* — DoubleTree<br />
>> sEPtEmBER 10-11 - Open Deck Division Annual meeting -<br />
Suites Charlotte/South Park in Charlotte, North Carolina. Find more<br />
Renaissance O’Hare suites Hotel, Chicago. Find more information at<br />
information<br />
truckload.org<br />
at <strong>Truckload</strong>.org<br />
or contact TCA<br />
or<br />
at<br />
contact<br />
(703) 838-1950.<br />
TCA at (703) 838-1950.<br />
>> sEPtEmBER 22 - 3rd Annual Wreaths Across America gala - grand<br />
>> Hyatt NOVEMBER Washington, 12-13 Washington, — Benchmarking: D.C. Find TC-05 more *Invitation information Only* at truckload.org<br />
— Hilton<br />
Scottsdale or contact TCA Resort at (703) & Villas 838-1950. in Scottsdale, Arizona. Find more information at<br />
<strong>Truckload</strong>.org or contact TCA at (703) 838-1950.<br />
october <strong>2015</strong><br />
october <strong>2015</strong><br />
august <strong>2015</strong><br />
>> OCTOBER 29 —12 noon to 1:30 p.m. ET — Best Practices from the Best<br />
Fleets: >> August Keys to Creating 20 - 12-1:30 a Great p.m. Workplace Et - Accommodating WEBINAR. Register Employee online Religious at<br />
<strong>Truckload</strong>.org. Practices in the trucking Industry WEBINAR. Register online at truckload.org.<br />
>> August 27 - 12-1:30 p.m. Et - truck safety in the New Age of<br />
technology WEBINAR. Register online at truckload.org.<br />
november <strong>2015</strong><br />
septeMber <strong>2015</strong><br />
>> NOVEMBER 3-4 — Benchmarking: TC-10 *Invitation Only* — Hotel<br />
Marshfield in Marshfield, Wisconsin. Find more information at <strong>Truckload</strong>.org or<br />
>> sEPtEmBER 10 - Independent Contractor Division Annual meeting<br />
contact TCA at (703) 838-1950.<br />
- Renaissance O’Hare suites Hotel, Chicago. Find more information at<br />
truckload.org or contact TCA at (703) 838-1950.<br />
>> OCtOBER 17-20 - tCA at AtA’s management Conference &<br />
december <strong>2015</strong><br />
Exhibition (mC&E) - Philadelphia. Pennsylvania Convention Center &<br />
Philadelphia marriott Downtown.<br />
>> December 12 — Wreaths Across America Day — Arlington National<br />
Cemetery (and DeceMber other national cemeteries <strong>2015</strong> across the nation). Become a part of<br />
Wreaths Across America by visiting WreathsAcrossAmerica.org.<br />
>> DECEmBER 12 - Wreaths Across America Day - Arlington National<br />
Cemetery (and other national cemeteries across the nation). Become a<br />
part of Wreaths Across America by visiting WreathsAcrossAmerica.org.<br />
MARCH 2016<br />
March 2016<br />
>> MARCH 6-9 — TCA Annual Convention — Wynn Resort, Las Vegas. Find<br />
more information at <strong>Truckload</strong>.org or contact TCA at (703) 838-1950.<br />
>> mARCH 6-9 - tCA Annual Convention - Wynn Resort, Las Vegas.<br />
Exhibitor opportunities available.<br />
Find more information at truckload.org or contact TCA at (703) 838-1950.<br />
Exhibitor opportunities available.<br />
Visit TCA’s Event Calendar Page<br />
online at <strong>Truckload</strong>.org and click “Events.”<br />
Visit tCA’s EVEnt CAlEndAr PAgE onlinE At<br />
truCkloAd.org And CliCk “EVEnts”<br />
SIMPLY<br />
PUT.<br />
T R U C K I N G’S M O S T E N T E R TA I N I N G E X E C U T I V E P U B L I C AT I O N<br />
“Great Dane SUPPORTS <strong>Truckload</strong> <strong>Authority</strong> for its work on behalf of the TCA and because<br />
its READERS are many of our MOST VALUABLE CUSTOMERS and PARTNERS.” -Dave Gilliland, VP National Accounts for<br />
BEST FLEETS TO DRIVE FOR • NATIONAL FLEET SAFETY AWARD WINNERS • DRIVERS OF THE YEAR<br />
O F F I C I A L P U B L I C A T I O N O F<br />
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 />
FROM WHERE WE SIT • HIGHWAY ANGEL TOUR WITH LINDSAY LAWLER • WREATHS ACROSS AMERICA GALA IN REVIEW<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 />
SUMMER 2014<br />
WHERE STATES STAND • HOS STRESS • TCA HONORS INDUSTRY EXCELLENCE<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 />
FIRED UP<br />
WITH CHAIRMAN SHEPARD DUNN<br />
BILL O’REILLY<br />
EXCLUSIVE<br />
NO SPIN MEDIA MOGUL<br />
CRACKING UP (NO LAUGHING MATTER) | 06<br />
WINTER RIDICULUDICROUS \ r -’dik-y -’lud-e-kres \ | 10<br />
2013-14 DOWN TO BUSINESS WITH CHAIRMAN KRETSINGER | 24<br />
TCA CELEBRATES 75 YEARS: FOUNDATION OF THE FUTURE | 33<br />
12<br />
19<br />
24<br />
EXCLUSIVE<br />
MAKE LOVE, NOT POLITICS WITH<br />
JAMES CARVILLE & MARY MATALIN<br />
TECH TAKEOVER<br />
COMING RETRACTIONS<br />
06 30 34<br />
AMERICAN<br />
EXCLUSIVE<br />
EXECUTIVE ACTION | OUT OF SERVICE | WALKING AWAY A WINNER<br />
CARLY FIORINA<br />
TRAILBLAZER<br />
GUARANTEED TO REACH TRUCKING’S TOP EXECUTIVES.<br />
To inquire about partnership and space availability, call (800) 666-2770 or email publisher@thetrucker.com.<br />
46 <strong>Truckload</strong> <strong>Authority</strong> auThoriTy | www.<strong>Truckload</strong>.org Tca TCA <strong>2015</strong>
YOUR FLEET NEVER FAILS TO DELIVER.<br />
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