OPEN ROAD Q3

Volume 7, Issue 3 

Quarter 3, 2016 

LEGISLATURE 

HIGHWAY 

FUNDING 

SLEEP 

VETERANS CONVENTION SEAT BELTS 

Open Road Q3 APNEA 2016 ❘ 1

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FEATURES 

2016 Legislative Update 

By Cathy Gautreaux, Executive Director, LMTA 6 

Insights from Dr. Shawn Wilson, LA DOTD Secretary 

By Steve Wheeler 7 

Federal Funds Boost State Transportation Projects 

By Timothy Boone 8 

Don't Let Your Metrics Manage You 

By Brian L. Fielkow, President, Jetco Delivery, Inc. 11 

Hiring Veterans to Drive Trucks 

By Olivia McClure 12 

Untangling the Louisiana Highway Funding Dilemma 

By Ted Griggs 14 

76th Annual LMTA Convention 

By Steve Wheeler 18 

Is it Time to Repeal the Seatbelt Gag Rule in Louisiana? 

By Doug Williams, Partner, 

Breazeale, Sachse & Wilson, L.L.P. 25 

Understanding the Impacts of Sleep Apnea 

on Commercial Drivers 

By Rebecca M. Brewster, President and COO, 

American Transportation Research Institute 26 

DEPARTMENTS 

From the Executive Director: By Cathy Gautreaux 5 

Advertiser Resource Index 28 

Calendar of Events 28 

New LMTA Members 28 


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Open Road is owned by the Louisiana Motor 

Transport Association and published four times a 

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225-928-5682. 

PUBLISHER 

Staci Buhler 

staci.buhler@louisianatrucking.com 

EXECUTIVE EDITOR 

Cathy F. Gautreaux 

cathy.gautreaux@louisianatrucking.com 

CREATIVE DIRECTOR 

Kristin Perpignano 

kristin.perpignano@louisianatrucking.com 

PRODUCTION EDITOR 

Dana P. Weidman 

dana.weidman@louisianatrucking.com 

PHOTOGRAPHER 

John Ballance 

john.ballance@louisianatrucking.com 

ADVERTISING DIRECTOR 

Lisa Busceme 

lisa.busceme@louisianatrucking.com 

CONTRIBUTING WRITERS 

Ted Griggs, Olivia McClure, 

Steve Wheeler, Timothy Boone 

EXECUTIVE DIRECTOR 


ADMINISTRATIVE SERVICES 

Dana P. Weidman 

John Austin 

PRESIDENT 

Bengal Transportation 

Services, LLC 

Andrew Guinn, Jr. 

1ST VICE PRESIDENT 

PAI Material Handling, LLC 

MEMBER SERVICES 

Bridget V. Roussell 

LMTA OFFICERS 

Terry Warren 

CHAIRMAN OF THE BOARD 

Aeropres Corporation 

Gary Gobert 

2ND VICE PRESIDENT 

Lake City Trucking 

Steve Sievert 

SECRETARY 

Southern Tire Mart 

Doug Plate 

TREASURER 

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Judy Smart 

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RoadRunner Towing & Recovery, Inc. 

Kary Bryce 

ATA VICE PRESIDENT 

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letter from the 

EXECUTIVE DIRECTOR 

Man never made any material as resilient 

as the human spirit. -- Bern William 

As this issue was being finalized, we were deep in the throes of the Great 

Flood of 2016. When we started out months ago working on this issue, 

never in our wildest dreams could we have anticipated what was about to 

unfold in south Louisiana. 

Although this issue of the LMTA OPEN ROAD does not include articles or 

pictures of the flooding disaster, our next issue will be dedicated to the 

disaster and the incredible, resilient people of Louisiana. 

We need you to help us tell the story of the Great Flood of 2016. Please 

help us capture the spirit of our people with photos and stories that 

exemplify their courage and selflessness especially among strangers 

throughout the disaster area. We want to capture the essence of our people 

and our members working together to help each other in the wake of an 

incredible force of nature. And, of course, we will highlight the role of the 

trucking industry in the overall response and recovery efforts in Louisiana. 

But for now, we will share with you happy reflections of the 76th Annual 

LMTA Convention that was held at the Perdido Beach Resort in Orange 

Beach, Alabama. The program included very informative speakers about 

issues that will impact the trucking industry in the not too distant future, a 

new and revitalized golf tournament and some very interesting friends from 

the Alabama Gulf Coast Zoo. 

As explained in this issue, the efforts of the Governor’s Task Force on 

Transportation Infrastructure Investment will be incredibly important to 

the trucking industry. I can assure you that LMTA will actively promote the 

specific needs and desires of the trucking industry for consideration during 

their deliberations regarding the future of our highway program. 

All things considered, you need LMTA now more than ever in the coming 

months and probably for the next few years as we recover as a state from 

this disaster. As it was after Katrina, our focus now has to be on rebuilding 

Louisiana, addressing the needs of our people, stabilizing our state budget, 

etc.… Mother Nature redirected our priorities. 

You need to be active in LMTA to voice your concerns, your opinions… 

and more importantly, your “wish list” -- which will shape our agenda for 

the future. You need LMTA to be the vehicle that defends your interests, 

promotes your industry and continues to be the voice of trucking in 

Louisiana. 

We are here for you… 

Louisiana Motor Transport Association (LMTA) is a Louisiana association 

of trucking companies, private carrier fleets and businesses which serve or 

supply the trucking industry. LMTA serves these companies as a government 

affairs representative before legislative, regulatory and executive branches of 

government on issues that affect the trucking industry. The association also 

provides public relations services and serves as a forum for industry meetings 

and membership relations. For information contact LMTA at: 

Louisiana Motor Transport Association, Inc. 

4838 Bennington Avenue • PO Box 80278 

Baton Rouge, LA 70898 • Phone: 225-928-5682 • Fax: 225-928-0500 

www.louisianatrucking.com 


LMTA Executive Director 


By Cathy Gautreaux, Executive Director, LMTA 

We started the 2016 Legislative Session knowing that we would be faced with two pretty significant trucking issues 

returning from the previous year: haz-mat reporting and waste tire fees. But, the most significant issue for all Louisianans 

was the looming budget deficit – still a problem even after the special sessions earlier in the year. 

Here is a list of the most significant legislation specifically impacting the trucking industry: 

Haz-Mat Reporting. 

In 2015, LMTA requested legislation after several 

motor carriers received thousands of dollars in fines 

for reporting minimal releases of hazardous materials, 

i.e., 8 ounces of household paint spilled on a dock at 

a truck terminal. The result was the creation of a task 

force to examine the hazardous materials reporting law 

and make recommendations to the Legislature. This 

year, we successfully passed legislation to implement 

the recommendation of that task force. Act 632 (HB 

625 – Rep. Terry Landry/Sen. Page Cortez) of the 2016 

legislature prohibits the Louisiana State Police from issuing 

a violation or a fine to a motor carrier for careless 

handling of hazardous materials if reporting the release 

was not required by state law. (Effective on August 1, 

2016.) 

Waste Tire Fee Increase. 

For the second consecutive year, LMTA has been successful 

in defeating a proposed increase in the fees 

paid on the purchase of new tires under the state’s 

Waste Tire Program as administered by the Dept. of 

Environmental Quality. The trucking industry does not 

feel that fees should be increased until administrative 

issues are addressed and recent changes to the program 

are fully implemented. We fully expect another 

attempt to raise the waste tire fees next year. 

REAL ID. 

Act 505 (HB 702 – Rep. Jimmy Harris/Sen. Troy Carter) 

allows Louisiana to issue drivers' licenses and special 

identification cards in compliance with the federal 

REAL ID Act of 2005. The legislation allows a person 

the choice of obtaining a REAL ID compliant drivers 

license or special identification card. 

Truck Permit Task Force. 

HCR 105 (Rep. Kenny Havard) created the Special 

Permit Task Force to make recommendations related to 

the issuance of special permits by LA-DOTD for oversize 

and overweight truck movement on state highways. 

LMTA is an official member of this Task Force. 

LMTA has established a special committee to examine 

the current oversize and overweight permit regulations 

with the intent of assisting the state in simplifying the 

regulations, identifying a statewide system of preferred 

roadways for oversize loads, and submitting legislation 

to revise the regulations. 

CNG Truck Weight Tolerance. 

ACT 279 (HB 591- Rep. Terry Landry/Sen. Gary Smith) 

provides for a 2000 lb. weight tolerance for vehicles 

operated by an engine fueled primarily by compressed 

or liquefied natural gas. (Effective August 1, 2016.) 

LPSC Inspection & 

Supervision Fee Increase. 

ACT 433 (HB 431- Rep. Thomas Carmody/Sen. Eric 

LaFleur) increased the quarterly fee per $1,000 of gross 

receipts for certain motor carriers and public utilities for 

the inspection, control, and supervision of their business 

services and rates by the LPSC. (Effective July 1, 

2016.) 

For the foreseeable future, the Governor and the Louisiana 

Legislature will be faced with the daunting task of 

providing services to the public while operating under 

the limitations of a balanced budget …especially now 

in the wake of the flood disaster. K 

6 ❘ Open Road Q3 2016

By Steve Wheeler 

The newly-appointed secretary of the Louisiana Department 

of Transportation & Development realizes he 

has a big job ahead of him. For years, Louisiana and 

the rest of the nation has neglected and underfunded 

transportation infrastructure, and now it’s time to pay 

the piper. 

“My job is, first and foremost…to make a case for 

increased revenue in transportation,” said Dr. Shawn 

Wilson, speaking at the 76th Annual LMTA Convention. 

Wilson said he’s already logged thousands of miles 

“traveling the state and talking to anyone and everyone 

who will listen. We have to make a case to our 

communities that transportation is important,” he said. 

“As a state and as a country we’ve been in denial 

about the costs of infrastructure,” the DOTD secretary 

said, adding he doesn’t want a patchwork solution, but 

wants to “make the policy sustainable.” 

Wilson said he plans to maintain a balanced transportation 

policy that address maintenance as well as new 

projects, but finding additional sources of money will 

be critical to both. Wilson said he will continue to seek 

funds from federal, state and local sources to move 

Louisiana forward with a safe and innovative multimodal 

transportation system. 

“This governor and I have championed infrastructure,” 

Wilson said, adding Louisiana has secured $60 million 

out of $100 million sought in a FASTLANE grant application 

to the USDOT. The money will be used to help 

widen Interstate 10 between I-49 and the Atchafalaya 

Basin Bridge. 

Audience members questioned the secretary about 

chronic bottlenecks on the I-10 Mississippi River Bridge 

in Baton Rouge and near the port of New Orleans. 

“We’re waiting” for solutions, said one audience member. 

“I hear you,” the secretary replied. 

Wilson said he understands frustration with traffic 

bottlenecks, but said DOTD dollars are stretched thin. 

“We’re not bloated,” he added. “We’re not wasting 

dollars.” The department now leases its vehicles and 

has gotten rid of nearly 500 cars, he said. 

Of the department’s $1.7 billion budget, only 4.6 

percent goes to administration and support services, 

Wilson said, while 31.4 percent goes to operations and 

maintenance of roads and bridges, and 38.2 percent 

goes to road and bridge construction projects. “It’s 

quite false to say that only 11 percent is going to construction,” 

he said. 

The DOTD budget to buy new equipment this year? 

“Zero,” Wilson said. 

Wilson said DOTD is responsible for 16,645 miles of 

roadway that includes 927 miles of interstate highways 

and more than 12,000 bridges in the state, including 

1,421 old timber bridges. About 75 percent of those 

timber bridges are either posted or closed. “You can 

have a great road but if you don’t have a good bridge 

you’re not going to cross it,” Wilson said. 

Wilson said one of the likely ways to increase DOTD 

funding is an increase in the state’s fuel tax, but added, 

“We believe that a gas tax alone is not the best way” 

to raise all the needed funds. 

The newly-appointed Governor’s Task Force on Transportation 

Infrastructure Investment will be looking at 

ways to come up with additional funds, Wilson said. 

LMTA’s Greg Morrison is a member of the task force. K 


FEDERAL FUNDS BOOST STATE 

TRANSPORTATION PROJECTS 

By Timothy Boone 

In July, Louisiana received an 

additional $60 million in federal 

transportation funding that will help 

speed up work on several crucial highway 

projects around the state, including 

relocating an exit that clogs up Baton 

Rouge traffic, improving an interchange 

for the Louis Armstrong New Orleans 

International Airport and advancing the 

design plans of the Interstate 20/220 

interchange into Barksdale Air Force Base. 

While the money will specifically be used to replace 

the pavement and add a lane to a 15-mile stretch on 

Interstate 10 between the Interstate 49 interchange 

and the Atchafalaya Basin Bridge, it illustrates how the 

state stretches federal highway dollars to pay for more 

projects. 

Shawn Wilson, secretary for the Louisiana Department 

of Transportation and Development, said out of the 

18.4 cents per gallon federal gasoline tax, 16 cents is 

returned to the state. The money is used for a variety of 

things, from maintaining highways and filling potholes, 

to replacing broken traffic signals and other day-to-day 

operations. 

The money is also added to the 4 cents per gallon 

gasoline tax and put in the Transportation Trust Fund. 

There, it is used to match federal funds for interstate 

and state highway construction. The government 

requires the state to put up 10 percent of the cost for 

federal highway work and a 20 percent match for a 

state project, Wilson said. 

“The state gets $645 million for these matches, right 

under $700 million,” he said. “For road and bridge 

maintenance, it’s $528 million.” 

Because the federal highway money goes into a pool 

for projects and maintenance, the state is able to do 

things like take the $60 million federal FASTLANE 

grant, which is aimed at freight and highway projects, 

and use it on the Acadiana highway work. That frees 

up money the state would have spent and lets it be 

used for relocating the Washington Street exit on I-10, 

a major issue in Baton Rouge. Work can also begin on 

the New Orleans airport and Barksdale projects. 


The state also got an estimated 

$500 million increase in funds 

through the FAST Act, the federal 

transportation bill passed in 2015, 

said U.S. Rep. Garret Graves, a Baton 

Rouge Republican who sits on 

the Transportation and Infrastructure 

Committee. 

Graves said Louisiana will have a 

chance to compete for more federal 

transportation funds this year. 

Federal transportation officials are 

considering how to allocate $500 

million in grants to the states. 

“These are the solutions we need, 

but it takes several years to get 

these projects in place under ideal 

conditions,” he said. 

Wilson said the additional $500 

million Louisiana will see under the 

transportation bill will be spread 

out over the 5 year life of the bill. 

That means about $25 million to 

$30 million more a year for construction 

projects, with the rest 

going for maintenance and safety. 

“We can’t build a project today” 

with that money, he said. 

Graves said because the traffic 

problems that Louisiana faces 

evolved over decades, due to a 

lack of planning and a lack of investment, 

it’s going to take a while 

to find a solution. 

“We’ve got to really extract politics 

from deciding which projects 

are going to be be built and go to 

a metrics-based system that truly 

funds priority projects,” he said. 

This means using measurements 

such as how much a construction 

project will reduce the amount of 

time drivers sit in traffic. 

“We have two and four lane roads 

around this state that don’t have 

cars on them,” Graves said. In contrast, 

some of the state highways 

around Baton Rouge are frequently 

jammed up with cars and trucks. 

Because he wants to see the state 

use metrics to guide investments, 

Graves said he didn’t want to play 

“armchair quarterback” and list 

which projects he would like to 

see get federal funds. But he said 

some South Louisiana construction 

projects that need to be considered 

include upgrading La. 30 from 

downtown Baton Rouge to Gonzales, 

improving U.S. 190 which runs 

parallel to Interstate 12 and building 

another bridge across the Mississippi 

River in metro Baton Rouge. 

“These would likely fare well under 

a metrics based system,” he said. 

“We’ve got to get started on those 

projects now.” 

Wilson said highway funding faces 

“a pretty grim picture”. The federal 

and state gas taxes haven’t gone 

up in more than 20 years, while 

the cost of road construction has 

skyrocketed. 

And because the gas tax is consumption 

based, the trend toward 

more fuel-efficient vehicles and 

alternative forms of transit means 

there’s less money to go toward 

those projects. “It’s tough times 

finding a revenue source adjusted 

for inflation,” he said. "There has 

been some talk about a user fee, 

in which drivers pay a tax on how 

much they travel, but there hasn’t 

been a sustained push toward that 

model." 

Graves, who said he’s a fan of 

Wilson, said the state needs to 

spend transportation money better. 

Because of the ongoing budget 

problems, the state has tapped the 

Transportation Trust Fund to pay 

for things like the Louisiana State 

Police. State law allows for up to 

20 percent of the trust fund to be 

spent on ports, parish roads, state 

flood control projects and the state 

police for "traffic control purposes." 

“We need to get our house in 

order in terms of where we’re really 

spending money where it should 

be spent,” Graves said. “We need 

to demand efficiency and truth in 

budgeting here.” K 

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you have actionable metrics that consistently promote 

the right behaviors: 

1. As you develop or refine your key operating metrics, 

consider the side effects up front. For example, if 

you design a metric to increase production, will that 

metric inadvertently incentivize team members to cut 

corners and compromise quality? If so, your metric is 

not necessarily wrong. It is important that you build 

safeguards into the metric that protect against the 

potentially unwanted side effect. 

By Brian L. Fielkow 

President, Jetco Delivery, Inc. 

I had the privilege to present “Leading People Safely” 

last month at the LMTA annual meeting in Alabama. For 

me, the most rewarding part of making the presentation 

is the ability to interact with attendees, allowing 

us to share common experiences and determine which 

themes resonate the loudest. 

At LMTA, it was easy to define that theme: we are 

drowning in a sea of spreadsheets. It’s data overload. 

That said, we can’t allow our metrics to manage us. 

Instead, we must define the most important metrics. 

In my view, critical metrics are those which allow us to 

build a culture of prevention—metrics which are predictive. 

In order to create a vibrant safety culture, we must 

shift our focus to the unsafe decisions, conditions and 

behaviors that ultimately cause accidents, rather than 

simply the accidents themselves. If we’re looking at only 

the accident, we’re too late. That said, we must focus on 

the leading indicators: those factors we consider to predict 

future outcomes. Only examining lagging indicators 

means we’re looking in the rear-view mirror and cleaning 

up the mess. Our metrics must help us stay in front of 

the issues and prepare for them before they arise. 

Our challenge as business leaders is to weave the right 

metrics into to our corporate DNA. When determining 

the right metrics, it is important to focus on behavior; 

it’s the only way you will truly raise the bar on safety. So 

many times I see the emphasis placed on claims management 

and regulatory compliance. While these are 

important, they’re not keeping us safe. But how do we 

get in front of the issues? It is through field behavior observations, 

near miss and accident communication, and 

preventative maintenance. 

When developing the right metrics, we cannot ignore 

the fact that the best intentioned gauges of measure 

may have unforeseen consequences. Let’s guard against 

this risk when developing our metrics and not after we 

are dealing with customer dissatisfaction, accidents or 

adverse publicity. Consider these ideas to ensure that 

2. Share your metrics at the earliest possible stage with 

the employees who are most directly affected. Allow 

them to comment and to understand the “why” behind 

the metric. Your front lines can actually help you 

improve the metric and find the hidden risks. When 

people understand the “why” they tend to be more 

aligned and supportive. 

3. Be sure your metrics are aligned with your company 

values. For instance, many of us espouse teamwork as 

a value. Do our promotion and bonus plans only focus 

on an employee’s individual contribution, or do they 

also focus on his or her role as a team player? It becomes 

terribly confusing when we espouse one set of 

values but reward another that is seemingly in conflict. 

4. What worked yesterday may not work as well today. 

Don’t be afraid to evaluate your metrics to be 

sure that they are still relevant. Consider the “30 

minutes or it's free” guarantee that was a cornerstone 

of Domino’s early commitment to its customers. After 

a series of accidents, Dominos knew when it was time 

to abandon that delivery guarantee and replace it with 

other customer centric metrics. 

5. Be sure your metrics capture leading indicators. Examples 

include: capturing near misses with no fear of 

repercussion; the use of technology (such as cameras) 

to monitor and coach employee behavior; and treating 

all accidents with the same intensity, regardless of 

severity. After all, severity is simply a function of luck. 

You can’t manage it if you can’t measure it. This old 

axiom will always ring true. Consider, however, that 

some of your measures may have unintended adverse 

consequences. It is our role as business leaders to carefully 

evaluate our metrics from a 360 degree perspective 

to root out any unwanted side effects and always ensure 

we are getting ahead of the problem before it arises. 

Our metrics drive our employees’ behavior, and in our 

industry, behavior-based safety. However, you must 

ensure you have the right metrics in place. When they 

are, they will help promote the right behaviors, and the 

opposite is true as well. K 


By Olivia McClure 

s the American trucking industry continues to deal with a workforce 

shortage, some employers are looking to hire military veterans as 

drivers — an approach that could also help veterans, who often struggle to 

find fulfilling work when they return home. 

Nationwide, trucking companies are short about 38,000 

drivers, the American Trucking Associations (ATA) reported 

in 2014. 

“In certain segments of the industry, we’re definitely 

projecting huge truck driver shortages as truck drivers 

begin to age out,” said P. Sean Garney, director of 

safety policy for ATA. 

Veterans are one potential source of new drivers. Additionally, 

they have the ability to fill other roles in the 

industry, Garney said. The ATA member companies 

have committed to hiring 100,000 veterans by the end 

of the year and is encouraging companies to consider 

veterans for apprenticeships and other jobs. 

The ATA is also supporting a number of regulatory 

changes that would make it easier for veterans to 

become truck drivers, such as extending the period of 

time that the congressionally mandated skills test can 

be waived for veterans from 90 days to a year, Garney 

said. In the meantime, all states have been granted an 

exemption allowing a longer timeframe. 

“It allows military personnel whose military occupational 

category is truck driver to opt out of the CDL skills test 

when they try to obtain their civilian CDL,” Garney said. 

The Federal Motor Carrier Safety Administration (FMC- 

SA) is working to allow both veterans and soldiers on active 

duty to obtain a commercial drivers license outside 

their state of domicile because military personnel are 

often stationed far away from home. 

ATA supports an effort to allow active reserve military 

personnel younger than 21 to obtain a CDL that’s valid 

in two states, though that is likely a “long way down the 

road,” Garney said. 

The U.S. Chamber of Commerce Foundation has a 

Trucking Track Mentoring Program, which helps veterans 

find jobs in the trucking industry that suit their skill sets. 

“In the past few years, the number of military personnel 

selecting trucking as the industry to start their career has 

increased, resulting in some companies building their 

workforce to greater than 30% veterans,” according to 

the Trucking Track website. 


Programs that help veterans 

market their military skills to civilian 

employers are valuable, said 

Alex Juan, a spokeswoman for the 

Louisiana Department of Veterans 

Affairs. She recently polled 

Louisiana veterans and found 

many were discouraged because 

their experience from the military 

didn’t transfer to jobs stateside. 

Military personnel work with very 

specialized vehicles and equipment 

that aren’t used in the 

civilian world, she said. And some 

veterans have trouble adjusting 

from military life. 

“Why don’t people move faster?” 

is a common frustration, Juan 

said. They may also miss the 

camaraderie of the armed forces 

and the honor of wearing the 

uniform. 

“As you leave, the biggest thing 

is you miss it … and trying to find 

your new normal,” she said. 

When veterans can’t find fulfilling 

jobs — many have to take entrylevel 

work just to get by — it’s 

even more frustrating. 

“They’re used to feeling a sense 

of pride in their work,” Juan said. 

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There are many efforts underway 

in Louisiana to help veterans 

connect with employers and job 

opportunities. The VA is working 

more closely with the Louisiana 

Workforce Commission and 

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to plug veterans and their knowledge 

into appropriate jobs, Juan 

said. 

People with a military background 

are a natural constituency to recruit 

to trucking, Garney said. 

“Often they don’t have higher 

education, which is not a requirement 

for truck driving,” he said. 

“Also, they are generally dedicated. 

They understand the chain 

of command.” K 

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Untangling the Louisiana H 

By Ted Griggs 

A 

newly appointed task force has 

until the end of the year to solve 

a conundrum that has stymied lawmakers 

for decades: find a way to pay for a $13 

billion backlog of road and bridge work as 

well as $10.5 billion worth of mega projects 

in the Statewide Transportation Plan. 

LA DOTD Secretary and task force co-chair Dr. Shawn 

Wilson said the members plan to take advantage of 

work that’s already been done to identify the feasibility 

Governor's Task Force to 

and demand for the projects, the stakeholders affected, 

and the history of funding mechanisms for that 

work. 

The task force will also look at the best practice of 

other states, such as gasoline taxes and public-private 

partnerships. 

“We’re going to spend the next six months really 

integrating all of those aspects. That conversation is 

going to take us around the state working with the 

metropolitan planning organizations, working with the 

economic 

development organizations to 

really un- 

derstand the value of what these 

projects 

mean to these communities 

and to 

those businesses in those communities,” 

he said. 

The task force members also hope to get a 

handle on what voters around the state are willing 

to do to invest in and build Louisiana’s infrastructure, 

Wilson said. At the end of the day, the task 

force wants to give the governor and the Legislature 

options that can be acted on quickly. 

Although most task force members say it’s far too early 

to say whether a funding path has emerged, increasing 

the state’s gasoline tax is frequently mentioned. 

The tax, now 20 cents per gallon, hasn’t been adjusted 

to reflect the impact of inflation, increased traffic and 

higher construction costs. 

Greg Morrison, former chair of the Louisiana Motor 

Transport Association Board of Directors and Vice 

President of Quality Transport Inc., said he’s not ready 

to endorse indexing the fuel tax. 

“But we have to have some type of mechanism in 

place so that we don’t go as many years as we’ve gone 

without addressing infrastructure and transportation 

needs,” Morrison said. 

"Louisiana can’t go another 25 years using the same 

old Band-Aid approach," he said. "The state needs a 

sustainable transportation and infrastructure funding 

source, one that can adapt to the changes that will 

inevitably come in transportation." 


ighway Funding Dilemma 

Recommend Options 

"Think about how many people had cell phones 25 

years ago," he said. "Now consider how many people 

have landlines or the last time you saw a pay phone." 

"In 25 years, 30 percent of cars could easily be electric. 

The state’s transportation funding model must be able 

to adapt. The state may need a long-term planning 

committee that meets once a year or so to consider the 

impacts of technology." 

A previous effort to link the gas tax to the consumer 

price index failed. Supporters said the impact would 

be minimal, $2.40 per year for the average driver. But 

truckers, who can put 300 gallons of fuel into their 

tanks, would face a much bigger burden. 

Revenue Secretary Kimberly Robinson said it will take a 

little time to identify the funding needed while finding 

a way to balance the project backlog and the need for 

continued investment. 

"The task force will need to 

look at the state’s existing 

investment structure and 

determine whether that 

represents the best path 

forward or if other options 

might be better," Robinson 

said. However, she is 

confident the task force can 

identify funding sources and 

make some recommendations 

on them. 

Ann Trappey, President and 

CEO of engineering firm 

Forte & Tablada, said every area in the state recognizes 

there isn’t nearly enough funding for transportation, 

particularly roads and bridges. 

But the money spent on transportation and infrastructure 

is an investment in the state, she said. Trappey 

hopes the task force can convince the Legislature that 

investment has to be made, and made boldly enough 

to truly make a difference for Louisiana. 

“The reality is every area of the state needs something,” 

Trappey said. 

For example, Lake Charles needs a new Interstate 10 

bridge to replace the “old and terrible” structure now 

being used. Baton Rouge has enormous problems with 

traffic congestion. 

The task force will need to answer questions about the 

level of funding and how that will be generated, she said. 

“I believe that the majority of the Legislature gets it. 

The question is whether two-thirds (will vote for it),” 

Trappey said. 

Ken Naquin, CEO of Louisiana Associated General 

Contractors, said everything is on the table for funding, 

from fuel taxes and registration fees to sales taxes on 

auto parts and permit fees. 

Naquin said transportation’s current funding level jeopardizes 

both economic development 

and residents’ quality 

of life. 

“I think the people are tired 

of sitting in traffic. I think the 

people are tired of riding on 

bad roads. People are tired of 

taking detours because bridges 

are closed because they’re 

nonfunctional,” Naquin said. 

“I think the people of Louisiana 

are tired of it. They’ve had 

enough.” 

Last year, the group pushed 

for a 10-cent increase on the gas tax. The Legislature 

rejected that effort. The LMTA opposed the idea. 

Naquin said the average driver pays $108 in fuel taxes, 

less than many people spend going out to eat on a 

weekend. 

Tom Yura, Chairman of the Louisiana Chemical Association, 

said figuring out how to solve the funding 


problems involves taking a good 

look at how Louisiana got in this 

position and how to prevent the 

same issues from reoccurring. 

“How do we catch up and how do 

we use data to help prioritize what 

goes first? Just like our business, 

you don’t have unlimited capital,” 

Yura said. 

Louisiana will have to look at 

some new and fresh approaches, 

focusing on data-driven solutions rather than politically 

oriented answers, to arrive at the appropriate funding 

mechanisms to address urgent needs in a reasonable 

amount of time, he said. 

Wyly Gilfoil, Executive Director for the Lake Providence 

Port Commission, said the time is right to boost funding. 

“Folks definitely see the need. The fortunate aspect is 

we have some low fuel prices right now,” Gilfoil said. 

Louisiana motorists are paying about 50 cents a gallon 

less this year than last for gasoline. 

Ronnie Harris, Executive 

Director of the Louisiana 

Municipal Association, said 

his goals on the task force 

include understanding the 

needs analysis for projects; 

hearing the perspectives 

of each member; and 

making sure his members’ 

needs aren’t forgotten. 

In the past, many parishes 

have had limited transportation funding for parish roads 

that lie outside incorporated areas, he said. The infrastructure 

needs where people are concentrated must 

also be represented. 

Jay Dardenne, Commissioner of the Division of Administration, 

said he has never seen people more aware of 

the challenges facing the state’s infrastructure. 

Louisiana’s budget problems generated a lot of “cocktail 

party chatter” this year, Dardenne said. People 

wanted to know why the Edwards administration 

wasn’t increasing the gasoline tax. 

The answer was that the state has to 

first stabilize its budget before tackling 

infrastructure, Dardenne said. The 

problem is that infrastructure funding 

discussions will take place at the 

same time as the heavy lifting on tax 

reform. 

A delicate balance will have to be 

struck to accommodate both those 

goals, he said. 

Still, Dardenne expects for the first 

time to see “a very serious” public 

discussion about public-private partnerships 

and toll roads as potential 

alternatives to raising the gasoline 

tax. 

The general awareness of how critical 

the needs are – the interstate in Baton 

Rouge, Interstate 49 South throughout 

Acadiana, and a new exit ramp for 

the airport in New Orleans, a potential 

economic “game changer” -- has 

also created a base of support for 

increased infrastructure funding. 

“I don’t know if I can say there’s broad 

support, but there’s more support 

than there ever has been,” Dardenne 

said. K 


Shawn D. Wilson, Ph.D. 

Secretary of the Department of 

Transportation, 

Co-Chair of the task force, 

Baton Rouge 

Robert Travis Scott 

President of Louisiana Public 

Affairs Research Council and 

Statewide Transportation Plan 

Committee Member, 

Baton Rouge 

Reldon Owens 

Board member of Blueprint 

Louisiana and Director of 

External Relations, Diamond 

B Construction Company, 

Alexandria 

Ken Naquin 

CEO of the Louisiana 

Association of General 

Contractors, 

Baton Rouge 

Ronnie Harris 

Executive Director of 

the Louisiana Municipal 

Association, 

Baton Rouge 

Roland Dartez 

Executive Director of the Police 

Jury Association, 

Baton Rouge 

Rep. Kenny Havard 

Chairman of the House 

Transportation Committee, 

Jackson 

Sen. Page Cortez 

Chairman of the Senate 

Transportation Committee, 

Lafayette 

Tom Yura 

Chairman of the Louisiana 

Chemical Association and 

Senior Vice President and 

General Manager BASF, 

Baton Rouge 

Greg Morrison 

Gov. John Bel Edwards 

Transportation Transition 

Committee Chair; Vice 

President, Quality Transport 

Inc., Bossier City 

Gen. John Basilica 

Former DOTD Undersecretary, 

33-year veteran of the 

Louisiana National Guard, 

Baton Rouge 

Kim Robinson 

Secretary of the Department of 

Revenue, former partner in the 

Tax & Estates Practice Group at 

Jones Walker law firm, 

Baton Rouge 

Ann Trappey 

Chairman of the Baton Rouge 

Area Chamber board and 

President and CEO of Forte & 

Tablada, consulting engineers 

and land surveyors, 

Baton Rouge 

Jared Brossett 

New Orleans City Councilman 

Transportation & Airport Chair, 

New Orleans 

Wyly Gilfoil 

Executive Director, Lake 

Providence Port Commission, 

Lake Providence 

John Alario 

President of the Louisiana 

Senate, 

Westwego 

Jay Dardenne 

Commissioner of the Division 

of Administration, 

Baton Rouge 

Taylor Barras 

Speaker of the House of 

Representatives, 

New Iberia 


July 21-23 • Perdido Beach Resort • Orange Beach, Alabama 


cal knowledge from a wide range of speakers, played 

in the LMTA Golf Tournament and still managed to 

soak up some sun on the beautiful beaches of Orange 

Beach. 

And during the off-hours, what happened at the Flora- 

Bama stayed at the Flora-Bama. 

By Steve Wheeler 

More than 160 Louisiana Motor Transport Association 

members and guests received the latest industry 

updates and installed a new slate of officers at the 76th 

Annual LMTA summer convention held July 21-23 in 

Orange Beach, Ala. 

2015 LMTA President Terry Warren, the association’s 

first female president, handed over the president’s 

gavel to 2016 President John Austin with Bengal Transportation 

Services. Warren, distribution manager with 

Aeropres Corporation, thanked the membership and 

board of directors for their hard work during her term. 

Austin thanked his mentors in LMTA and encouraged 

members to remain involved at all levels of the association 

for the good of the industry. “We’ll need a lot 

more people involved,” he said. 

Convention attendees got legislative briefings from 

state and national industry leaders, gained practi- 

Industry information, family fun 

The convention kicked off with a “Zippity Zoo Da” family 

night reception and dinner where kids and grownups 

got up close and personal with some furry and feathery 

friends from the Alabama Gulf Coast Zoo. 

“I think it was fantastic,” said Raejean Tubre, wife of 

Bengal Transportation Services Owner Shane Tubre. “I 

loved the family atmosphere. I like how they’ve intentionally 

involved everyone, spouses, families and kids. 

We all feel welcome here.” 

Karl Mears with Razorback Rentals said he appreciates 

his LMTA membership more after attending the summer 

convention. “It (LMTA) gives everybody an equal 

voice,” said Mears, whose company operates nine 

trucks. “I came for the speakers. I like to stay ahead on 

technology.” 

“It’s informative, and information is power,” agreed 

Tim Ordoyne with Kenworth of Louisiana. “We have to 

know what’s going on,” he said. “We’ve gotta stay in 

the game.” 

Ordoyne, chairman of the convention golf tournament, 

said the LMTA annual convention also allows members 


to cultivate relationships in a more relaxed atmosphere. 

“We learn information that can move us all forward,” he 

said. “It’s a different setting. It’s more relaxed. You can 

talk to people when you’re not under the gun.” 

Greg Morrison with Quality Transport Inc. said he gets 

great information from the speakers. “I think our leadership 

does a good job selecting speakers with valuable 

information,” Morrison said, adding he appreciates 

the local and national legislative updates on issues 

affecting the trucking industry. 

Information Please 

Dr. Shawn Wilson, secretary of the Louisiana Department 

of Transportation & Development, was one of 

five guest speakers at the convention. Wilson provided 

an overview of DOTD operations before conducting a 

lively question & answer session with audience members. 

“We recognize the value that you all bring to our 

state,” Wilson told LMTA audience members. “When 

we have issues affecting your industry…I will be calling 

Cathy Gautreaux,” he promised. 

Dave Manning, second vice president of the American 

Trucking Associations Inc., gave members a list of ATA 

industry priorities for the coming year and thanked the 

LMTA for its significant involvement in national issues, 

particularly the annual Call on Washington. 

“The LMTA has been a great supporter of ATA,” Manning 

said. “Louisiana definitely has a well-run state 

association” promoting the trucking industry, he added. 

“We believe the image of our industry is important. 

Public perception affects public policy,” Manning said. 

Rebecca Brewster, president of the American Transportation 

Research Institute, outlined ATRI research 

on critical industry issues like truck parking, hours of 

service rules, safety performance, sleep apnea and the 

costs of nationwide traffic bottlenecks. (The bottleneck 

at the I-10 Mississippi River Bridge made ATRI’s Top 

100 Bottleneck list, coming in at No. 19). 

Brewster encouraged members to support the industry’s 

research agenda, adding, “We’re always looking 

for people to participate.” 

Jim Angel, vice president of video intelligence for PeopleNet, 

showed members how they can benefit from 

onboard telematics and video, especially after an accident. 

Video can prevent false accusations (and lawsuits) 

because drivers can immediately produce evidence 

of how the crash occurred. “There’s something magic 


about video,” Angel said. “There’s almost an immediate 

ROI.” 

Telematics can provide information on acceleration 

percentage, brake use, clutch, cruise control, fuel mpg, 

sudden starts and stops, speeding, hours of service, 

out of route miles and near misses, Angel said, allowing 

companies to better train their drivers. “Bad habits 

can cost a tremendous amount of dollars,” he said. “It 

(video & telematics) actually can help make your drivers 

better.” 

Brian Fielkow, president of Jetco Delivery and author 

of the book, Driving to Perfection, outlined the importance 

and benefits of maintaining a “culture of safety” 

and offered 10 principles that are “low cost and high 

value” to any trucking company. 

At the board of directors meeting, LMTA Executive Director 

Cathy Gautreaux provided updates on legislative 

matters from the recent regular and special sessions, 

outlining numerous wins for the industry. 

Transportation funding will be a primary focus of the 

next legislative session, and Gov. John Bel Edwards has 

formed a Governor’s Task Force on Transportation Infrastructure 

Investment as well as a Special Permit Task 

Force. The LMTA will actively participate in both. K 


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By Doug Williams, Partner 

Breazeale, Sachse & Wilson, L.L.P. 

Louisiana has a mandatory seatbelt 

usage law under which drivers and 

occupants of passenger vehicles, 

vans, etc. are required to wear a 

safety belt when the vehicle is in 

forward motion (Louisiana Revised 

Statute 32:295.1). However, 

Louisiana, like the vast majority of 

states, has a “Seatbelt Gag Rule” 

which prohibits defendants from 

introducing evidence of an injured 

person’s failure to wear a seatbelt. 

The applicable language states: 

In any action to recover damages 

. . . failure to wear a safety belt . . . 

shall not be considered evidence of 

comparative fault. Failure to wear a 

safety belt . . . shall not be admitted 

to mitigate damages. (Louisiana 

Revised Statute 32:295.1(E)). 

Louisiana’s mandatory seatbelt 

law was first passed in 1985. Like 

similar laws in most states, that 

statute appears to have been 

passed in response to U.S. DOT 

rules promulgated in 1984 regarding 

seatbelts and airbags. The addition 

of the seatbelt gag rule into 

Louisiana’s law appears to have 

been a political move designed 

to pressure the U.S. DOT to pass 

mandatory airbag rules. Also, at the 

time, there was not general public 

acceptance of seatbelts, and usage 

was below 15%. However, today, 

there is public acceptance of the use 

of seatbelts, and seatbelt usage by 

drivers is approaching 90%. 

Louisiana’s law appears to be 

contrary to general public policy 

to encourage behavior (by both 

defendants and plaintiffs) which 

reduces the risk of injury. The 

seatbelt gag rule is also contrary to 

the Louisiana Civil Code (evidencing 

public policy) which provides for 

apportionment of negligence 

(among all responsible parties 

including plaintiffs), when negligent 

conduct contributes to damages. 

That public policy is set forth in 

Louisiana’s comparative fault law 

which states: 

In any action for damages where a person 

suffers injury, death or loss, the degree or 

percentage of fault of all persons causing 

or contributing to the injury, death, or loss 

shall be determined . . . If a person suffers 

injury, death or loss as the result partly 

of his own negligence . . . the amount of 

damages recoverable shall be reduced in 

proportion to the degree or percentage of 

negligence . . . (Louisiana Code of Civil 

Procedure Article 2323). 

There is irrefutable evidence 

confirming that the use of seatbelts 

significantly reduces the risk 

of serious injury and death in 

automobile accidents. In the face of 

that research, no one can seriously 

argue that it is reasonable not to 

wear a seatbelt. Louisiana’s refusal 

to allow the admission of evidence of 

failure of an injured person to wear 

a seatbelt is contrary to our public 

policy of reducing the risk of injury 

and holding people accountable 

for injuries caused by unreasonable 

behavior (such as the failing to wear 

a seatbelt). 

Louisiana’s seatbelt gag rule also 

appears to be inconsistent with the 

way the failure to use other safety 

equipment is handled. For example, 

motorcycle riders in Louisiana are 

required to wear a safety helmet 

(Louisiana Revised Statute 32:190 

a). If an injured person has failed to 

wear his/her helmet, a defendant 

is entitled to raise that failure as 

an issue of comparative fault and/ 

or mitigation of damages. If a 

worker fails to use safety equipment 

mandated by regulations, 

defendants in a lawsuit can raise that 

failure as an issue of comparative 

fault and/or mitigation of damages. 

There is no logical reason why the 

failure to wear a seatbelt should not 

also be available to address issues of 

comparative fault and causation of 

damages. 

There is no public policy which 

is advanced by refusing to allow 

the introduction of evidence 

of an injured person’s failure to 

wear his/her seatbelt. In the last 

several years, other states, through 

legislation or judicial action, have 

begun to allow the admission of 

evidence regarding the injured 

party’s failure to wear a seatbelt 

(see Oklahoma Statute, Title 47 § 

12-420). In Louisiana, the issue will 

have to be addressed legislatively. 

In light of the public acceptance of 

seatbelts, and the overwhelming 

research supporting the efficacy 

of seatbelts, it appears to be time 

for Louisiana Revised Statute 

32:295.1(E) to be repealed so that all 

behavior which contributes to injury 

in an automobile accident (including 

failure to wear a seatbelt) can be 

considered by the trier of fact. K 


By Rebecca M. Brewster 

President and COO, American Transportation Research Institute 

In March of this year, the Federal Motor Carrier Safety 

Administration (FMCSA) issued an Advanced Notice of 

Proposed Rulemaking (ANPRM) on Obstructive Sleep 

Apnea. The proposed rule was jointly published by 

FMCSA and the Federal Railroad Administration to 

seek information on the “prevalence of moderate-tosevere 

obstructive sleep apnea (OSA) among individuals 

occupying safety sensitive positions in highway and rail 

transportation, and on its potential consequences for the 

safety of rail and highway transportation.” 

As a result of the ANPRM, the Research Advisory 

Committee (RAC) of the American Transportation 

Research Institute (ATRI) recommended as a top research 

priority a study entitled, “Understanding the Impacts of 

Sleep Apnea on Commercial Drivers.” 

As a first task in this research, ATRI surveyed commercial 

drivers on their perspectives, personal experiences, 

and knowledge of sleep apnea. The survey, which was 

pre-tested with professional truck drivers, also solicited 

information on sleep apnea assessments and treatments 

that drivers may have received, as well as the perceived 

effectiveness of those treatments. All commercial drivers, 

even if they have no personal experience with sleep 

apnea diagnoses, were encouraged to participate in this 

confidential survey. 

Bob Stanton, a professional driver diagnosed with sleep 

apnea in 2002 and Co-Coordinator of Truckers for a 

Cause, a patient support group for drivers with sleep 

apnea said of ATRI’s survey when it was launched, “this 

is the first large-scale data collection effort that seeks 

to find out what professional drivers know about sleep 

apnea and for those who have been through a sleep test, 

to better understand what the impacts, especially costs, 

of testing and treatment are on drivers.” 

ATRI initially surveyed drivers at the Mid-America 

Trucking Show in Louisville, Kentucky and then posted 

the survey online for drivers to respond. The timeline for 

ATRI’s data collection was abbreviated in order to allow 

time for any interested individuals to utilize the findings 

of ATRI’s report in their respective comments to the 

ANPRM docket, which was originally scheduled to close 

for comments on June 8, 2016. FMCSA did subsequently 

extend the comment period to July 8, 2016, citing 

requests from organizations to have additional time to 

review ATRI’s study, which was released May 26th. 

ATRI’s report, Commercial Driver Perspectives on 

Obstructive Sleep Apnea, analyzed data from over 800 

commercial drivers, and was the first study of its kind to 

quantify cost and other impacts drivers are experiencing 

as they are referred by their medical examiners for sleep 

studies. 

FINDINGS FROM ATRI’S STUDY INCLUDED: 

• Among drivers who had been referred to a sleep study, 

53 percent paid some or all of the test costs, with an 

average of $1,220 in out-of-pocket expenses, representing 

just over 1.5 weeks of average driver pay at $793 

per week. 

• Health insurance assistance with sleep study costs 

impacted driver out-of-pocket costs significantly – 61 

percent of drivers with no health care coverage of their 

sleep study incurred out-of-pocket costs exceeding 

$1,000 compared to 32 percent of drivers whose health 

insurance did cover some portion of the sleep study 

with costs exceeding $1,000. 


• Among drivers reporting time away from work associated 

with sleep apnea screening, 41 percent indicated 

days off ranging from 1 – 30 days. 

• Use of a Continuous Positive Airway Pressure (CPAP) machine 

was the treatment regimen followed by the majority 

of drivers diagnosed with sleep apnea. This includes 

drivers in the ATRI sample diagnosed with mild sleep 

apnea, a condition that does not require treatment for 

medical certification. 

• Driver-perceived treatment efficacy varied by OSA 

severity, with drivers experiencing more positive effects 

of CPAP treatment the more severe their OSA diagnosis. 

Drivers diagnosed with severe OSA and being treated 

with CPAP reported increased amounts of sleep (71%), 

feeling better when they wake up (71%), and lower 

blood pressure (75%). 

• Conversely, among the 91 percent of drivers being 

treated with CPAP despite a diagnosis of mild sleep 

apnea, less than half experienced improved sleep as a 

result of CPAP treatment, with only 32 percent reporting 

increased amounts of sleep and 44 percent reported 

feeling better when they woke up. 

• Among both drivers who have had sleep studies and 

those who have not, there is concern about the use 

of neck circumference and Body Mass Index (BMI) as 

measures to refer drivers to sleep studies. Additionally, 

among drivers who have been tested, 64 percent 

believe that the DOT guidelines for referring drivers are 

too broad and that medical examiners do not follow the 

guidelines for referrals to sleep studies. 

More recently, FMCSA convened a meeting of its Medical 

Review Board (MRB) on August 22-23 for the purpose 

of reviewing the comments submitted to the ANPRM 

docket and to make recommendations to FMCSA on the 

proposed sleep apnea rule. ATRI was invited to present 

the findings of the driver survey to the MRB members as 

part of that meeting. 

SOME OF THE KEY POINTS FROM THE STUDY 

PRESENTED BY ATRI INCLUDED: 

• Rationale for OSA rulemaking – prior to issuing a rule, 

drivers are looking for FMCSA to clarify the relationship 

between OSA and crash risk. 

• Driver acceptance of sleep study referral criteria - drivers 

do not believe neck circumference and Body Mass Index 

(BMI) should be used as sole metrics for referral to sleep 

study. 

• Driver sleep study costs are significant – and as such, 

flexibility in the rule for home sleep studies will reduce 

cost impacts and reduce time off work for study. 

• Preventing conflicts of interest – drivers are concerned 

about the potential relationships between Certified Medical 

Examiners, sleep clinics and treatment providers. 

A copy of ATRI’s sleep apnea report is available online at 

www.atri-online.org. K 


Q3 2016 

Sep 11-17 

National Truck Driver Appreciation Week 

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Oct 1-6 

Oct 20 

Nov 2-3 

LMTA Call on Washington 

ATA MC&E 

Las Vegas, NV 

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Visit JJKeller.com 

Call 800-327-6868 

AD 42809 

Q3 

J. J. Keller and your State 

Trucking Association are 

partners in compliance. 

Jordan Carriers 

Doug Jordan 

Natchez, MS 

Oilfield Carrier 

MBO Harris Bank 

Austin Bull 

Katy, TX 

Financial Services 

One Beacon Insurance 

Gary Howell 

Nashville, TN 

Insurance 

PC 116644 


HELPING MOVE 

AMERICA 

ONE POLICY at a time. 

Call 225-292-3096 or send us an email 

info@gsiala.com for a FREE QUOTE! 

Gulf South Insurance is ready to serve you! 


The coverage you need. 

The guidance you trust.SM 

A WINNING TEAM: No matter where 

your business takes you, our team 

of dedicated and experienced 

insurance professionals is ready to 

provide unique solutions for your 

risk management challenges. 

A WINNING STRATEGY: With 

nationwide experience, local 

presence and a personal touch, 

we offer a comprehensive array 

of services and are by your side 

whatever your needs may be. 

CONTACT US today for a free risk 

consultation or to find out more 

about any of our other specialized 

transportation services – you’ll be 

glad you did. 

REGIONS INSURANCE LOUISIANA: 

Mike Beck, CRM, CIC 

800-965-6555 

Billy O’Neal 

888-842-9606 

©2016 Regions. Regions Insurance is an affiliate of Regions Bank. 

Products and services are offered by Regions Insurance Inc. and 

underwritten by unaffiliated insurance companies.

OPEN ROAD Q3

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