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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

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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 />

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

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

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

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

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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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 />

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Selecting the Right Provider<br />

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Company Information<br />

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Regulatory Compliance<br />

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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 />

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


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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 />

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


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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 />

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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 />

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


TCA <strong>2015</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 37


“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>


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