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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

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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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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