land line magazine - may 2014

LAND LINE MAGAZINE

LAND LINE MAY 2014

®

The Offi cial Publication of the Owner-Operator

Independent Drivers Association

landlinemag.com • ooida.com

May 2014

So your DOT doc says you ‘have’to get tested for sleep apnea?Does FMCSA really have regs mandating sleep apnea testing? Many in the industry want you to believe that it does.

Meet the new ‘Spirit’ tour truckWestern Star gifts new ride to OOIDA

FMCSA rolls out proposedelectronic log mandate

Missed the ACA deadline?Now what do you do?

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2 LAND LINE MAY 2014Circle No. 220 on Response Card

MAY 2014 LAND LINE 3Circle No. 50 on Response Card

6 LAND LINE MAY 2014

Your OOIDA membership card gives you more than 50 discounts, rebates & more.Pages 72-73

insideOPINIONEDITORIAL

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Highway bill: The pathway toreforming approach to regulating industryBy Jami Jones

Flashers unite – ‘First Amendment’ defense leads to legal victoriesin Missouri, OregonBy Greg Grisolano

FEDERALUPDATE26 Electronic logs update28 FMCSA lays out proposed drug and alcohol clearinghouse30 Senators agree to agree on a highway bill31 Hersman leaves NTSB for National Safety Council31 Vehicle communications focus of federal notice32 Washington Insider

STATESIDE 40 Law makes it illegal to misclassify truckers in New York41 Lawsuit alleges overcharging by Florida SunPass42 Truckers fed up with long delays at Hampton Roads port terminals in Virginia42 Columbia River Crossing project dies in Washington/Oregon42 Vietnam vets honored with Oregon highway dedication

26 Electronic logs updateFeds roll out proposed rule mandating ELDs

ASSOCIATIONNEWS

34 Scoring awards from Truck Writers of North America? Sweet.34 Scholarship fund gets boost from Shell34 OOIDA adds state legislative affairs director34 OOIDA Board meets

LAWSUITUPDATE

35 Latest decision in OOIDA v. Comerica Bank prolongs longstanding case

36 I missed the ACA entrollment deadline . . . Now what?OOIDA’s Medical Benefi ts Group offers helpBy Greg Grisolano

38 Short takes

44 OOIDA State WatchWhat’s happening in your state legislature?By Keith Goble

45 States pursue snow-free vehicle mandates46 States consider changes to lane use rules48 States cover towing issues

may 2014volume 39 number 3

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26 Electronic logs update

So your DOT doc says you ‘have’ to get tested for sleep apnea?

Does FMCSA really have any regs on the books mandating testing for sleep apnea? Many in the industry would like you to believe that it does.By Jami Jones

24

36 Missed the ACA deadline? Now what?


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24•7

“ GOODYEAR Fleet HQ GETS OUR TRUCKS ROLLING IN 2 HOURS 16 MINUTES!”STEVE GRAHAM – SCHNEIDER NATIONAL

From call time to roll time, Goodyear’s 24/7 emergency roadside service is dedicated to getting you back on the road in as quickly as two hours. And that’s just the beginning of how Goodyear can help improve your fleet’s profitability. When you sign up at no cost for Goodyear’s Fleet HQ program, you also benefit from a national network of more than 2,200 dealers, Tire Tracking & Reporting, National Pricing Program and more.

To learn more call 1-866-Fleet HQ or go to goodyeartrucktires.com.

©2014 The Goodyear Tire & Rubber Company. All rights reserved.

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Give a prepaid OOIDA membership card to a friend or colleague and introduce them

to all that OOIDA has to offer.

LAND*LINE Vol. 39, No. 3 May 2014 (ISSN 0279-6503) is published bi-monthly/monthly (9 issues in 2014– February, March/April, May, June, July, August/September, October, November, and December/January) by Land*Line Magazine, 1 NW OOIDA Dr., Grain Valley, MO, 64029. Ph: 816-229-5791. Copyright 2014 by Owner-Operator Independent Drivers Association Inc. Reproduction in any manner in whole or in part, without permission, is strictly prohibited. Periodicals postage paid at Grain Valley, MO, and additional mailing offi ces.

Subscription Rates: 1 year – $32 (9 issues); 2 years – $52 (18 issues); Canada: 1 year – $42; 2 years – $68

POSTMASTER – send address changes to Land*Line, PO Box 1000, Grain Valley, MO, 64029-9998.

inside

50 Caterpillar seeks consolidation of class action lawsuits over ACERT enginesBy Clarissa Hawes

66 ‘Brother, hang on. I’m here to help.’OOIDA member thwarts prisoner’s escape attempt in Kentucky

68 D-Day’s ‘Road Warriors’By Bill Hudgins

70 ‘Semi terrifi ed’?How about ‘Hell on Four Wheels’ instead . . .By Greg Grisolano

74 Too good to fail?The technological improvements to fi fth wheels have led to a false sense of security, and a recent rash of truck-trailer separationsBy Paul Abelson

77 Goodyear Smart Fleet: Because truckers don’t like surprises

78 Mafi a secretsKick it on back with rear light barsBy Bryan Martin

82 Planning for successWant to get the most out of your trucking business? First things fi rst.

12 EDITOR’S PAGE 20 TRUCKERS SPEAK OUT 20 INBOX 22 TRUCKER PERSPECTIVE 32 WASHINGTON INSIDER 80 MAINTENANCE Q&A 92 ROAD LAW

departments94 TAX TIPS

106 OOIDA GEAR 107 CLASSIFIEDS114 PRODUCT SHOWCASE116 CALENDAR120 TRUCKING COMMUNITY

HELP DIRECTORY

may 2014volume 39 number 3

68 D-Day’s ‘Road Warriors’

84 Battle of the breachHow to handle data theftBy Peggy Bendel

85 Is your information securein ‘the cloud’By Charlie Morasch

86 The changing world of pre-clearanceDo you want to share your ELD data?By John Bendel

88 MATS Reporter’s NotebookHighlights from this year’s show

96 Kidney stones and gallstones:What’s the difference?By John McElligott, MD

100 Newest life and senior members

102 Biz Buzz

118 Legal notice

122 Roses and razzberries

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84 Battle of the breach

Blog from the Mid-America Trucking Show

52 Trucking Moves America Forward . . . indeed it does

53 Seizing the opportunity54 Goodyear Highway Hero: OOIDA Member Ivan Vasovic56 Trucker Buddy recognizes

outstanding drivers of the year57 Seven Citizen Drivers recognized by TA58 It’s all about the style

60 Colorado OOIDA member wins truck in Firestone sweepstakes

61 Wreaths Across America: Going the ‘Extra Mile’61 OOIDA member wins Apex Capital

contest grand prize62 Who’s your Papa?64 Meet the new ride64 Riding shotgun in OOIDA’s new Western Star

Blog from the Mid-America

52 Trucking Moves America

MAY 2014 LAND LINE 9

24•7

“ GOODYEAR Fleet HQ GETS OUR TRUCKS ROLLING IN 2 HOURS 16 MINUTES!”STEVE GRAHAM – SCHNEIDER NATIONAL

From call time to roll time, Goodyear’s 24/7 emergency roadside service is dedicated to getting you back on the road in as quickly as two hours. And that’s just the beginning of how Goodyear can help improve your fleet’s profitability. When you sign up at no cost for Goodyear’s Fleet HQ program, you also benefit from a national network of more than 2,200 dealers, Tire Tracking & Reporting, National Pricing Program and more.

To learn more call 1-866-Fleet HQ or go to goodyeartrucktires.com.

©2014 The Goodyear Tire & Rubber Company. All rights reserved.

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Circle No. 167 on Response Card


OOIDAmedia LAND LINEVolume 39, Number 3 • May 2014

www.landlinemag.com

Land Line Magazine is written for professional truckers operating trucks and semi-trailers in for-hire transportation of exempt and regulated commodities. The publisher accepts unsolicited artwork, photographs and manuscripts, but assumes no responsibility for return of materials. All materials submitted for publication are subject to editing at our discretion. The act of mailing material shall be considered an expressed warranty by the contributor that the material is original and in no way an infringement on the rights of others. Advertiser correspondence should be directed to Land Line Magazine, Inc. PO Box 1000, Grain Valley, MO 64029. Phone 816-229-5791. The publisher and/or OOIDA do not necessarily endorse or make claim or guarantee the validity or accuracy of any advertisement herein contained. The publisher reserves the right to reject any advertising materials which he feels are not in keeping with the publication’s standards.

PUBLISHER EDITOR-IN-CHIEF Todd Spencer Sandi Soendker [email protected]

MANAGING EDITOR COPY EDITOR Jami Jones Elizabeth Andersen [email protected] [email protected]

STATE LEGISLATIVE EDITOR ASSOCIATE EDITOR Keith Goble David Tanner [email protected] [email protected]

STAFF WRITERS Clarissa Hawes Greg Grisolano [email protected] [email protected]

CONTRIBUTING WRITERS Charlie Morasch John Bendel [email protected] [email protected]

NEWS CLERKTyson Fisher

tyson_fi [email protected]

SOCIAL MEDIA COORDINATORKerry Evans-Spillman

[email protected]

SENIOR TECHNICAL EDITOR FIELD EDITOR Paul Abelson Suzanne Stempinski [email protected] [email protected]

COLUMNISTS Terry Scruton Jon Osburn [email protected] [email protected]

Donna Ryun Bill Hudgins [email protected] [email protected]

Jeff McConnell & James [email protected]

Dave Sweetman Bryan Martin [email protected] [email protected]

Dr. John McElligott Howard Abrams

PRODUCTION MANAGER ART DIRECTOR Kim Borron Debbie Johnson [email protected] [email protected]

PHOTOGRAPHER/DESIGNERNikohle Ellis

[email protected]

ADVERTISING DIRECTOR ACCOUNT MANAGER Alex Gates Tim Kelly [email protected] [email protected]

ADVERTISING COORDINATOR TRAFFIC COORDINATOR Kimberely Lennard Felecia Athey [email protected] [email protected]

CIRCULATION Pam Perry Dawn McChristian Amber Hostetter Julie Rangel Brittany Baker Tara Williams Leslie Butler

ISSN 0279-6503

Subscription Rates: 1 year – $32 (9 issues); 2 years – $52 (18 issues); Canada: 1 year – $42; 2 years – $68

2012CommunicationAward Winner

2013Heart of AmericaAward Winner

THE OFFICIAL PUBLICATION OF OOIDA Jim Johnston OOIDA President and CEO

Todd Spencer OOIDA Executive Vice President

Publication Headquarters 1 NW OOIDA Drive • PO Box 1000 • Grain Valley, Missouri 64029

800-444-5791 • 816-229-5791 • Fax 816-443-2227landlinemag.com • ooida.com

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Why wait?Out on the road for weeks or months at a time? Are you just a person who doesn’t like to wait? Part of the tech-age trend away from printed magazines? No matter your reason, if you want Land Line Magazine right on the first of the month in a digital format, we can hook you up. Land Line Magazine is now available in a digital edition format on landlinemag.com. You can subscribe to the digital edition for free in addition to your print edition if you want. Kind of the best of both worlds. Subscribers to the digital edition have electronic archives of each issue dating back to the start of their digital edition subscription. Right now the digital edition requires Adobe Flash Player, so if you’re trying to access the digital edition from a tablet or smartphone (if you have one with a giant screen), you’ll have to use your web browser for now. But we do have a version that does not require Flash Player in development. To subscribe you can fill out one of the reader response cards in the magazine, call the office at 816-229-5791, or visit landlinemag.com and click the Join/Subscribe button. LL

OOIDAOOIDAmediamedia

[email protected]

[email protected] [email protected]

STATE LEGISLATIVE EDITOR



Charlie Morasch John Bendel

ISSN 0279-6503

Why wait?Out on the road for weeks or months at a time? Are you just a person who doesn’t like to wait? Part of the tech-age trend away

Land Line Magazine right on the first of the month in a digital format,

is now available in a digital edition

right on the first of the month in a digital format,


LAND LINE©

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EDITOR’SPAGESandi Soendker EDITOR-IN-CHIEF

She’s got the coverI’ve had a chance to think about this year’s Mid-America Trucking Show, and a favorite part of the show week for me was going home. OK, before you get the wrong impression, you need to know that for OOIDA, the show didn’t wind down the way it did for most. In fact, after MATS was over, an exciting happening for us was still to come and one that I was in high spirits to be a part of.

After the show was over, I had the opportunity to ride back from Louisville with OOIDA Senior Member Jon Osburn in the new truck given to the Association for 24 months by Western Star. She’s not only quiet, smooth and beautiful, she’s got muscle, too. Rolling up through Illinois, me to Jon: “How many more miles do you think we’ll be stuck behind this speed-limited truck?” The traffic cleared and Jon – without dropping a gear – gouges it. The left lane fills the windshield and the Western Star takes off like a rocket. Jon is grinning, Sassi Dogg is on her feet, and I am wishing I had learned to whistle through my teeth. That’s “Miss Eleanor” on the cover, and you can read more about her in the Pork Chop Diaries in this issue.

Pork Chop Diaries. The results are in from the 2014 Mid-America Trucking Show. It was the third-highest attendance in MATS history with more than a thousand exhibitors from 48 states and 10 countries and 79,061 attendees from 50 states and 78 countries. Trudging the 1.2 million square feet of show, OOIDA’s news crew was among the 245 media correspondents making a valiant attempt to cover the monster event. The way Land Line does it is really effective. We do a live blog from Louisville. We write about industry news, the latest innovations, trends, people, products, events. The award-winning Pork Chop Diaries puts you on the scene. Beginning on Page 52 of this issue, here are some selected blogs that will make you feel like you were there. And if you were there, read it anyway. Maybe we wrote about you.

Sleep apnea? One of the articles in this issue that we consider a “must-read” for all truckers is on Page 24 where Managing Editor Jami Jones cuts through the BS on sleep apnea. So the next time someone tells you that FMCSA now has a regulation on the books that mandates truckers be tested for sleep apnea – you will know the truth.

State legislative affairs. Keith Goble, Land Line’s state legislative editor, has been covering trucking-related state laws for 14 years. His daily Web

reports, Sirius XM radio updates and OOIDA’s State Watch in Land Line have become the industry’s most reliable sources for information regarding state legislative issues. Now OOIDA has beefed up its focus on what is happening in the states. The Association is taking an aggressive and active role in shaping the landscape by adding Mike Matousek as Director of State Legislative Affairs. Here’s how it will work: Keith, of course, will continue to report the state news. Mike will evaluate the activity of bills of interest to truckers, will determine a course of action, and will be representing truckers in statehouses where your voice needs to be heard. As always, truckers have a big grassroots role in this stepped-up effort by staying informed and being proactive. You can learn more about Mike on Page 34. One thing you won’t find in the article: He’s a really devoted NASCAR fan. As we wrapped up this issue of Land Line, our headquarters here in Grain Valley was hectic with the business of OOIDA’s Spring Board of Directors’ Meeting. As a Board member, I have a unique perspective to the work that the Board does when it convenes here twice a year. This meeting was one nonstop hot discussion. In next month’s Land Line, we’ll report on which actions and strategies were hashed over and on which issues the Board members said “go for it.” LL

That’s “Miss Eleanor” on the cover. You can read more about her in the Pork Chop Diaries in this issue.

Thermo King belongs to Ingersoll Rand’s family of brands, including Club Car®, Ingersoll Rand®, Schlage® and Trane®. Ingersoll Rand is a world leader in creating and sustaining safe, comfortable and efficient environments.

TRIPAC ™ EVOLUTIONWe’ve built a reputation on providing only the most efficient, cost-effective products. And the

TriPac™ Evolution is no exception. Featuring improved fuel savings, the longest maintenance

intervals in the industry and our unmatched dealer network, we’ve done everything in our power

to make sure it’s the only APU choice worth considering. Learn more at www.thermoking.com


“WHEN I SPEND MONEY, I CAN ONLY AFFORD TO SPEND IT ONCE.”

Thermo King belongs to Ingersoll Rand’s family of brands, including Club Car®, Ingersoll Rand®, Schlage® and Trane®. Ingersoll Rand is a world leader in creating and sustaining safe, comfortable and efficient environments.

TRIPAC ™ EVOLUTIONWe’ve built a reputation on providing only the most efficient, cost-effective products. And the

TriPac™ Evolution is no exception. Featuring improved fuel savings, the longest maintenance

intervals in the industry and our unmatched dealer network, we’ve done everything in our power

to make sure it’s the only APU choice worth considering. Learn more at www.thermoking.com



At OOIDA you are never just a truckinsurance customer. You are our mission.

For 40 years, OOIDA has been dedicatedto developing a comprehensive range ofinsurance products for the small-businesstrucker through its subsidiary, Owner-OperatorServices, Inc., offering them at competitiverates with many discounts* and ways to save.

OOSI is also committed to providingoutstanding, friendly customer service and fast turn-around.

Nobody knows the insurance needs of the small-business trucker better than the expert staff atOOSI, setting up coverage and dealing withyour requests while you’re busy on the road.

With direct underwriting, many bindingdecisions are made directly by OOSI, providingyou quick, reliable service. Electronic filings to the Federal Highway Administration makesure your proof of insurance is on file as soon as the policy is bound.

Call OOSI at 800-715-9369 and speak to one of our agents about your truckinsurance needs. Or visit us at our web site,www.ooidatruckinsurance.com.

* Discounts and premiums subject to underwriting guidelines and verification of information.

OOIDA Truck Insurance

Great rates.

Outstanding service.

Friendly, fast, efficient servicefor the busy owner-operator.

40 years of representingAmerica’s professional truckers.

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Representation • Information • Truck Insurance Medical Benefits • Business Services • DOT Drug Testing

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Become an OOIDA member.800-444-5791 • www.ooida.com

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At OOIDA you are never just a truckinsurance customer. You are our mission.

For 40 years, OOIDA has been dedicatedto developing a comprehensive range ofinsurance products for the small-businesstrucker through its subsidiary, Owner-OperatorServices, Inc., offering them at competitiverates with many discounts* and ways to save.

OOSI is also committed to providingoutstanding, friendly customer service and fast turn-around.

Nobody knows the insurance needs of the small-business trucker better than the expert staff atOOSI, setting up coverage and dealing withyour requests while you’re busy on the road.

With direct underwriting, many bindingdecisions are made directly by OOSI, providingyou quick, reliable service. Electronic filings to the Federal Highway Administration makesure your proof of insurance is on file as soon as the policy is bound.

Call OOSI at 800-715-9369 and speak to one of our agents about your truckinsurance needs. Or visit us at our web site,www.ooidatruckinsurance.com.

* Discounts and premiums subject to underwriting guidelines and verification of information.

OOIDA Truck Insurance

Great rates.

Outstanding service.

Friendly, fast, efficient servicefor the busy owner-operator.

40 years of representingAmerica’s professional truckers.

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Representation • Information • Truck Insurance Medical Benefits • Business Services • DOT Drug Testing

Fuel Card • Product Discounts

Become an OOIDA member.800-444-5791 • www.ooida.com

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16 LAND LINE MAY 2014̂

How to shareYOUR OPINION Have a comment, special concern? Agree or disagree with an editorial? Mail us or email us. Send to Letters to the Editor,

Land Line Magazine, P.O. Box 1000, Grain Valley, MO 64029 or fax to 816-443-2227. If you would like to email a Letter to the Editor for use in Land Line Magazine and/or the Land Line website, there’s an easy form at landlinemag.com

or simply email your views to [email protected]. Please keep these letters brief and to the point.

OPED opinion/editorial

’’‘‘QUOTEWORTHY

Sometimes I wonder if the world is being run by smart people who are putting us on, or imbeciles who really mean it. – Mark Twain, American humorist

Highway bill: The pathway to reforming approach to regulating industryTruckers face regulations today that are still based on 1930s rationale – as well as plenty of regs that have been added over the years and never revisited. The current agency that regulates trucking,

the Federal Motor Carrier Safety Administration, inherited a lot of those regulations and has added a fair amount of its own along the way since 2000. Generally, once

the regulations are on the books, there’s no revisiting of the regs. One notable exception is the hours-of-service regulations; they were initially retooled in 2003, which didn’t stick. Litigation and two more revisions to the regulations have occurred since then. The Owner-Operator Independent Drivers Association is calling for a top-down review of current regulations, asking for an evaluation of actual relationship to crash risk. In addition to reviewing the current regulations, the Association is also seeking to revamp how the agency arrives at new regulations and calling for independent review of agency actions and procedures. In order to make that happen – and what may appear to be ironic to those not familiar with how to make things happen in Washington, D.C. – is for Congress to pass another highway bill and get it signed into law instead of extending the status quo under the current highway funding law. Highway bills serve multiple purposes. Once signed into law, they fund the Department of Transportation

and its agencies that regulate various aspects of transportation. This includes everything from highway construction and design to the manufacturing of vehicles to the truckers who operate on the roads daily. There are many more things that the highway bill does (like create jobs), but two objectives of the bill will be the pathway to passing any sort of FMCSA reform efforts. The first is that Congress can call for the independent review of current regulations. Congress can also set new procedures for FMCSA to follow in arriving at new regulations. Highway bills that are signed into law come with an expiration date. The current program – Moving Ahead for Progress in the 21st Century, or MAP-21 – expires on Sept. 30 of this year. Congress has two options, pass a new highway bill before it expires or extend MAP-21 and maintain the status quo. Extensions do happen. The previous program SAFETEA-LU, which was signed into law in 2005, expired in 2009. Congress kept that program in place through a series of extensions until MAP-21 was signed into law on July 6, 2012. Hoping to avoid another lengthy extension of the current transportation law, OOIDA is pressing Congress to get to work on a new highway bill and, in that bill, to get to work on revamping how FMCSA currently approaches regulation of the industry. “For highway bill after highway bill, truckers have been on the defensive against new rules, new regulations, new mandates,” said OOIDA Director of Government Affairs Ryan Bowley. “This is an opportunity for us to be on the offensive pushing for stuff we want, for things we like. We’re wanting to move the ball forward and in the right direction.” LL

Jami JonesMANAGING EDITOR

OOIDA is pressing Congress to get to work on a new highway bill and, in that bill, to get to work on revamping how FMCSA currently approaches regulation of the industry.


^

OPED

MAY 1934A truckers’ strike in Minneapolis, Minn., left 200 injured and four dead. According to the Minnesota Historical Society, the strike was one of the most violent in the state’s history. It was referred to by some as a police riot and occurred during Minnesota’s battle between business and labor in the 1930s. The strike occurred when 3,000 transportation workers organized against their employers in the non-union city of Minneapolis.

MAY 1963Country music singer Dave Dudley

released his hit single “Six Days on the Road,” which reached No. 2 on the Billboard Hot Country Singles chart that summer. The song became an unofficial anthem for truckers and went on to be covered by artists like George Jones, Red Sovine, Jim Croce and Sawyer Brown.

MAY 16, 1998George Strait appeared in Kansas City in concert at Arrowhead Stadium. It took 19 semis and a number of buses to move equipment for the George Strait Country Music Festival, and 13 of the folks driving

those 19 semis were members of the Owner-Operator Independent Drivers Association. Land Line was there to watch OOIDA members in action.

MAY 2, 2000At the direction of then-President Bill Clinton, the U.S. Defense Department ended the intentional degradation of public GPS signals, also known as “selective availability.” Overnight, the signal becomes 10 times more accurate, leading to the widespread adoption of GPS technology in all sorts of industries, including freight management.

THIS MONTH INTRUCKING HISTORY

Flashers unite – ‘First Amendment’ defense leads to legal victories in Missouri, Oregon

I’ll cop to being a flasher. Not the trench-coat-and-a-smile kind, but rather the kind who will “flash” my headlights to alert

my fellow motorists to the presence of nearby “bears.” While I happen to think of it as common courtesy, the law has different and wildly varying opinions from

state to state or town to town. But a couple of recent court cases could be paving the way for such actions to have some of the highest protection afforded under law: First Amendment protection. The most recent involves trucker Christopher Hill, of Klamath Falls, Ore., who fought and won a case in which he was ticketed by the Jackson County (Ore.) Sheriff’s Department for unlawfully using his headlights to alert another trucker that Smokey was on the prowl. Oregon law prohibits using high beams or flashing lights in a manner that creates traffic hazards or blinds other drivers, but Hill argued in court that his right to free expression was infringed upon and that police were retaliating against him by citing him. The judge in his case agreed with Hill’s assessment and threw out the ticket in an April 9 ruling in Jackson County Court. “The government certainly can, and should, enforce the traffic laws for the safety of all drivers on the road,”

Judge Joseph Charter wrote in his ruling. “However, the government cannot enforce the traffic laws, or any other laws, to punish drivers for their expressive conduct.” A week earlier, a federal judge in my state of Missouri also ruled in favor of a four-wheel driver who was ticketed for flashing motorists to alert them to a speed trap in the town of Ellisville. The American Civil Liberties Union filed a lawsuit on behalf of the driver, Michael Elli, on the grounds that the citation impinged upon the driver’s right to free expression. The city entered into a permanent injunction against the practice on April 2. “Expressive conduct is protected whenever a particular message is present and the likelihood is great that the message would be understood by those who viewed it,” Tony Rothert, legal director of the ACLU of Missouri, said in a press release on the Missouri ACLU’s website. “Even new drivers understand that an oncoming car with flashing headlights means they should either slow down, turn on their headlights, or otherwise use caution.” While these two cases are clearly wins for the drivers and the motoring public in their respective jurisdictions, they don’t spell the end of such punitive practices by law enforcement elsewhere. What they do provide, however, is the legal argument to provide others with a path to victory in future legal challenges. Here’s hoping state and local lawmakers take notice, and amend their laws to prevent infringing on free expression. LL

“The government cannot enforce the traffic laws, or any other laws, to punish drivers for their expressive conduct.”

Greg GrisolanoSTAFF WRITER


Help when you need it...

If you need assistance or information regarding your trucking business, want help inhandling some of the paperwork, or are seeking advice on what you believe to be unfairbusiness practices and treatment, call OOIDA Business Services.

Call 800-444-5791(or from your cell phone: 816-229-5791)

• Authority application and filings• Permit and licensing• Oregon bonds• Drug & alcohol testing• SCAC codes• BOC3 service (free for OOIDA members)• IFTA tax reporting (through third-party vendor)

• Information assistance• Interpreting federal regulations• Compliance assistance• Warranty issues• Lease agreement review • Carrier complaints• Broker/Carrier agreement review• Form 2290/HVUT filing

One of the most important benefits available to all OOIDA members is access toinformation and business resources. Over the years, OOIDA’s Business ServicesDepartment has provided thousands of members with critical information for theirparticular situation or to help them run their business more efficiently.



Land Line offers polls on its website at landlinemag.com to gauge truckers’ opinions on issues of interest. Here are some recent polls and their results. Please note, the numbers have been rounded and therefore sometimes may not equal 100 percent.

truckersSPEAKOUT

Where do you get your best sleep?

Home ..................................................64%Sleeper berth ....................................34%What the heck is that? ...........................3%

INBOX

Continued on Page 22

Do you think fleets should be able to monitor the drivers inside the cab?

Sure, it’s their truck .............................3%Maybe the driver’s seat, but not the sleeper. ......................15%No way, it’s an invasion of privacy .......................................82%

Check out our polls at our website, landlinemag.com. To vote, click in one of the circles to indicate the answer that best fits your opinion. When you click on “Vote,” the site will show you up-to-date results, with your opinion included.

What do you do most oftento pass time at the dock?

Talk on the phone ...............................4%Listen to the radio ...............................5%Read a book, magazine, newspaper .....................................17%Surf the web, shop online, play apps .......................................13%Take care of business, paperwork ......................................29%Snack ....................................................2%Snooze ...............................................23%Other .....................................................7%

Starting at the bottom now. Thanks, CARB.I worked for a company based out of Napa, Calif., and I was there almost 10 years. I was the only company driver. I lost my job because he (my boss) couldn’t afford either another truck or the $20,000 to retrofit mine. Now I have the wonderful opportunity of trying to find another job that won’t pay anything close to what I was making. With 35-plus years of safe, accident-free driving experience, I get the privilege of starting at the bottom. I’ll be a truck number, not a name. So to CARB, thanks for nothing; you have no real function in life. California can’t save the world. As for the CARB lawsuit, thank you, OOIDA.

Bruce OttenWinters, Calif.

Truth in sarcasmI just read a story about how the government is spending $2.7 million to “study” parking issues. After blood stopped shooting out of my eyes, I thought of how many rest areas are closed here in the northeast because of budget issues. The first one that comes to mind is at Exit 3 on I-95 north in Rhode Island. That area alone has about 20 spots, is just over an hour shy of Boston and in an area cited as being in a deficit for big truck parking. So let’s go to crazy town for a moment and, oh, I don’t know, use some of that $2.7 million to help open some of these closed rest areas. Hmmm. Sounds nutty I know, because I’m just a dummy truck driver, and our elected officials are soooo much smarter than me, but that might relieve some parking issues, what ya say, huh? Who is a little dum dum? You are. ... We are in so much trouble when common sense is dead!

Joe BieluckiQuaker Hill, Conn.

A little help for Trucker BuddyI want to send roses to one of your own, Nikki Johnson. She has been such a great help to the Trucker Buddy program. For two years now the school kids that I write to and visit in Bellport, Long Island, N.Y., have received several gifts sent by Nikki from OOIDA. The Association is a great sponsor of the program. Those small items mean so much to 11-year-old kids and make me look like a hero. Thanks, OOIDA, and thanks, Nikki.

Thomas JeremiahEnoch, Utah

Driver trainer practicesIn his inbox submission to the February 2014 issue of Land Line (“A trucker and a gentleman”) Mr. Gregerson makes the comment, “What, I am supposed to get some sleep while the student may be likely to kill me in a crash?” This points out a problem regarding driver training by the larger

Are you confident that you will have a comfortable retirement?Yes ......................................................15%No .......................................................33%What retirement? ..............................51%


^PERSPECTIVE

Keeping the HighwayTrust Fund in the black

Trucker INBOX From Page 20

By Mike McRaeOOIDA memberElkins, W.V.

One idea to fund the Highway Trust Fund that has been getting a lot of attention has been vehicle miles traveled tax or VMT. For now Congress has not figured out how to implement this which means they don’t know if this should be left up to federal DOT or the states to collect this tax. This idea as we know raises all kind of privacy issues. What are they going to do with the information downloaded from the vehicle’s computer? I feel the raising of the fuel tax would be the better way to go and the easiest way to accomplish long-term funding for the Highway Trust Fund. But we have those in Congress who feel they and the Transportation Committee need to control the funds and that if they put the VMT plan into operation this would give them that control. I think the logical way would be to just raise the fuel tax in increments over several years. This way our industry does not get hit with a big tax bill all at once but over time. Truckers need to let their voice be heard on this issue, because if you sit on the sidelines and do nothing Congress will feel you are OK with it. You all need to remember that if Congress passes the VMT as part of the highway funding bill, owner-operators and small trucking companies are going to be the hardest hit on this. And remember they would have all of your data that they would have downloaded from your trucks computer on file somewhere. You need to ask yourself do I really want the government having control of all my private information? We all know the answer. As OOIDA says, you need to get involved by calling your lawmakers and letting them know your feelings on this issue. LL

carriers. A driver trainer should not be sleeping while a student or inexperienced driver is driving. Certain carriers put a student or inexperienced driver in a truck with a driver who has more experience (as little as six months, I have been told) and allows them to operate as a team, taking turns at the wheel. Why would a large carrier condone this unsafe act? They are providing team service with one driver earning a training wage way below the wage being paid to the two experienced drivers operating the trucks of their competition. If, as with mandatory EOBRs, the big guys want to “level the playing field,” they should start with proper training procedures or pay the trainee a fair wage for pulling his own weight. I also think customers should worry about vicarious liability when using a carrier who condones this practice.

Wayne YoderMontpelier, Ohio

Work, right?Hours-of-service criteria are the best case to justify mandatory detention compensation for drivers. Here we have the U.S. federal government having drivers log that time as “work time.” If it is “work,” then employers are required by other federal regulations to compensate employees. Historically, this has been proven time and time again in courts for various industries.

Russ Govette – “The Old Guy” Grand Blanc, Mich.

The man I am todayIt was when I was a young man beginning my career that I was encouraged by my great-uncle Herbert L. Brown. He was a truck driver for 33-plus years and was so proud of me when I decided to follow in his footsteps. Whenever possible he would contact me just to see where I was on the road. He would ask questions about my runs, making him feel as if he was back on the road. I was proud as a peacock to finally have a trip to Virginia where he had an opportunity to see me in action. He met my helpers and had an opportunity to sit in the driver’s seat of my truck and tour the trailer. He was so excited and amazed, saying that my truck had everything in it including the kitchen sink. Needless to say he made me the man I am today. Even with the passing of my uncle two years ago, I think of him every day. He was a man who drove for over 33 years without any recognition. I thank God every day for being able to do the job that I love so much in honor of him. He would always say to me, “Donald, ride the road while you are young and make all the money you can. Stay safe and I love you.” Just those words mean more to me than anything because of the love of trucks and the open highways, and I serve my customers with pride and integrity.

Don Pinner Bear, Del.


By Jami Jones, managing editor

Let’s start off with a little quiz. True or false: FMCSA has mandated sleep apnea testing

for all CDL holders. Unfortunately, a lot of people get the answer wrong. Some of those people include motor carriers and medical professionals conducting CDL medical certification tests. The answer? False. The Federal Motor Carrier Safety Administration is silent on sleep apnea testing. Many truckers who have been told that the testing is mandatory are probably either very puzzled or very upset right now. The Federal Motor Carrier Safety Regulations state:

393.41(b) A person is physically qualified to drive a commercial motor vehicle if that person (5) has no established medical history or clinical diagnosis of a

respiratory dysfunction likely to interfere with his/her ability to control and drive a commercial motor vehicle safely.

Not a word in there about testing. In order to get the full scoop on what FMCSA expects from the regulations, you must look at the “guidance” the agency issues on various regulations. The agency has established guidance for chronic sleep disorders, including sleep apnea. In that guidance, the agency lays out the minimum waiting period for certification or recertification of an individual with a chronic sleep condition after starting treatment. There is a minimum one-month waiting period after starting a continuous positive airway pressure device (called a CPAP). Individuals with surgical treatment are to wait a minimum of three months before certification or recertification. Medical

examiners are directed by the agency to certify the driver for only one year. Here is where the “mandated testing” comes in. After someone is diagnosed, the agency’s guidance directs the medical examiner to certify or recertify someone who has started nonsurgical treatment and has had “multiple sleep latency testing values within the normal range.” The guidance does not directly address sleep latency testing for drivers who sought surgical treatment. The guidance merely directs doctors to monitor the resolution of symptoms. Nowhere in any of that did you read neck size, body mass index or anything of the sort? The sleep industry has come up with those types of criteria. Not FMCSA.

So what is guidance anyway?That’s a really good question, especially as it is the only thing that actually mentions sleep testing of drivers (those who are already ©

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So your DOT doc says you ‘have’ to get tested for sleep apnea?

Does FMCSA really have any regs on the books mandating testing for sleep apnea? Many in the industry would like you to believe that it does.


diagnosed, remember). Read this direct quote from the FMCSA Medical Examiner Handbook closely:

“Regulations/standards are laws and must be followed. Whereas guidelines, such as advisory criteria and medical conference reports are recommendations. While not law, the guidelines are intended as best practices for medical examiners. “Guidelines have been issued by the Federal Motor Carrier Safety Administration (FMCSA) to provide you with additional information and are based on medical literature. If you choose not to follow the guidelines, the reason(s) for the variation should be documented.”

The agency starts off saying the guidance does not have the weight of law behind it. As the explanation goes on, medical examiners are basically told that if they don’t follow the guidance they better provide a reason why.

So why am I being told that it’s mandatory?That’s where we go from concrete to somewhat speculative. Explanations vary when talking to medical examiners and motor carriers who insist on the testing, but one common theme is liability. What got us to this point is twofold. First FMCSA published, very briefly, proposed guidance that would have expanded on sleep apnea testing in April 2012. The proposed guidance was pulled down days later, but that bell wasn’t completely unrung. The cat was out of the sleep apnea bag: FMCSA was looking to regulate it further. Follow that up with the fact that the agency is in the process of implementing the National Registry of Certified Medical Examiners. This is a registry – basically a database – of medical examiners who have paid

a fee and gone through FMCSA’s testing. Drivers will only be able to get DOT medical certification from individuals listed on the registry after May 21. (See related article Page 38.) FMCSA has been forthcoming about the medical examiners’ responsibilities under the regulations and what the penalties could be if they circumvent those regs and incorrectly certify a driver as medically qualified when the driver actually is not medically qualified. Those fines are pretty steep: $10,000 in one instance, $250,000 – a quarter of a million dollars – in another. We won’t get into the likelihood of such fines being levied; the mere threat seems to be enough. Toss in an added threat of litigation if a driver with a disqualifying medical condition is in a wreck, and the medical examiner who certified him could be facing some liability issues there as well. All of that amounts to motor carriers and medical examiners looking to cover their assets – so to speak – and ordering more tests to prove they did all they could.

Has it gone too far?Many drivers will certainly say yes. The testing alone is extremely expensive. What amounts to a sleep apnea witch hunt is a very profitable one for the sleep labs, treatment centers and treatment device manufacturers. Beyond the obvious cash cow incentive that has drivers hemorrhaging thousands for sleep testing, there is the overarching threat of misdiagnosis. OOIDA Member Tim Begle was misdiagnosed with a severe case of

sleep apnea and ordered a CPAP for treatment. The road to his diagnosis was one of missteps and misdiagnosis, threats and intimidation, according to Begle. He eventually caved to the diagnosis and started sleeping with a CPAP machine. “That’s when the hell began. I couldn’t ever sleep,” Begle said. “The most I ever slept at a time was two to three hours. I would wake up with the hose wrapped around my neck, the mask pulled off my face. I just rolled around all night wrestling the thing. My wife said it was like I was at war all night.” The so-called treatment left him exhausted and in dire need of sleep. He turned to sleeping pills just so he could sleep longer. He went three or four months. He drank more soda and ate more just to try to stay awake and wound up gaining weight – something uncommon for properly treated apnea patients, according to Begle. “It started messing with my head. I was tired and grouchy, more than normal,” Begle said. “I decided something wasn’t right. “I called my (family) doctor and told him something has to change or I’m going to end it all. This is screwing with my mind. I can’t think straight, I can’t concentrate, I’m tired all the time.” Begle’s family doctor dug in and determined he was, in fact, misdiagnosed. The original testing ordered by the DOT medical examiner revealed a mild case of apnea, one that was within an acceptable range not needing treatment from a CPAP. His personal doctor gave Begle a two-year medical card and ordered him to stop the CPAP. Sleeping in a correct position, he sleeps fine now.

What can you do?Last year at the urging of large numbers of angry truck drivers,


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FEDUP The Federal Update

By David Tanner, associate editor

The Federal Motor Carrier Safety Administration has published a supplemental notice of proposed rulemaking on electronic logging devices for heavy-duty trucks. The supplemental notice published to the Federal Register on March 28. A public comment period is open through the end of May unless it gets extended. OOIDA plans to file comments. Details of what an electronic logging device would be able to do – and not do – under a proposed mandate hit the public docket on March 13. The FMCSA believes a mandate for electronic logs would prevent between 1,400 and 1,700 crashes and save 20 to 24 lives per year. The proposal puts out four options for consideration on who would be subject to the mandate. All four represent a universal mandate with exceptions in two of the options for operations that do not have to maintain logbooks currently. The language spells out technical specifications for electronic logging devices, or ELDs. An ELD would track latitude and longitude, as well as log engine hours and odometer readings. It would record location every 60 minutes and report whether the engine is on or off. This could be accomplished through satellite or land-based tracking. GPS could be used but would not be mandated. A device must be able to store original records in addition to any edits made to correct errors or inaccuracies. Drive time may not be changed or altered, according to the language. A driver would not be allowed to interact with the device when the truck is in motion. For identification and for multiple drivers that use the same vehicle, an ELD would have a log-in requirement to prevent tampering or manipulation. Information stored in the devices could be transferred via printouts or Bluetooth for inspections and record retention.

Harassment issueThe thought on many truckers’ minds as the supplemental notice goes through the process is the issue of ELDs being used by carriers, dispatchers and others to harass drivers or coerce them into operating when fatigued or break other rules. In response, the FMCSA says an electronic logging device would not go beyond recording for purposes of hours-of-service compliance. An ELD would not be able to do what fleet management systems and other devices do such as providing two-way communication with a carrier or dispatcher. An ELD would not be able to “ping” a driver who was resting in the sleeper, for example. The catch – a proposed mandate for electronic logs does not go beyond ELDs to regulate or otherwise prevent carriers and dispatchers from using fleet management devices, cellphone calls or texts, or any other two-way communication to alert, rouse, manage or “ping” the drivers. A congressional mandate and a court case that OOIDA won against the FMCSA on the issue of electronic logs and driver harassment in 2011 prompted the administration to commission a survey of drivers on the issue of harassment to accompany its ELD proposal. The FMCSA tapped MaineWay Services to conduct the survey for a price tag of $400,000. Truckers are waiting to see how the results will be incorporated into the proposal. FMCSA Director of Communications Marissa Padilla told Land Line that data collection was scheduled to begin in early spring. A separate FMCSA study being conducted by Virginia Technical Transportation Institute and costing $150,000 aims to evaluate the potential safety benefits of electronic logging devices and their effects on hours-of-service compliance. The Virginia Tech study will use carrier-collected crash data to compare ELD-equipped trucks and non-ELD-equipped trucks to “obtain a more representative picture” of real-world use. It will attempt to calculate

Feds roll out proposed rulemandating ELDs

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crash exposure based on miles traveled. “(A)lthough the sample of participating carriers in the current study will be a convenience sample, every attempt will be made to obtain a sample that is representative of the general CMV population,” FMCSA states in study materials.

Costs and commentsThe FMCSA estimates that a mandate for electronic logs would cost business owners $1.6 billion. Since the majority of trucking is small business, OOIDA is drafting comments on behalf of small-business truckers and anyone else who would be forced to operate under electronic logs if the proposal turns into a final rule. OOIDA Director of Government Affairs Ryan Bowley says there’s a long way to go and still a lot of questions from truckers about a possible mandate. “The agency can’t answer the simple question about whether the use of an electronic log on its own would actually make the highways safer,” Bowley said. “Everything they are basing this proposal on is compliance. They’re saying that if compliance increases, safety will also increase.” The fact that an ELD would log only driving time leaves a lot open for when the driver is held up at the docks or otherwise on-duty, not driving. Bowley points out that language in the highway law known as MAP-21 (Moving Ahead for Progress in the 21st Century) calls for ELDs that record not only a driver’s hours of service but also record-of-duty status, known as RODS. “Congress did not say that an electronic logging device should record just driving time. Record-of-duty status is more than just driving time,” Bowley said. “The area that shippers, receivers, carriers and brokers take advantage of a driver’s time is not when the driver is driving. It’s when they’re not driving.” LL

Managing Editor Jami Jones contributed to this story.

OOIDA is calling on Congress to pass reforms to the way FMCSA develops regulations, practices and programs, and to incorporate independent peer reviews for data-driven studies used by FMCSA to justify rules and regs. See Page 16 for more information on OOIDA’s effort.




FEDUP

By Jami Jones, managing editor

The feds are making a big move toward stepping up the pressure on

individuals who drive commercial vehicles while under the influence of illegal drugs or alcohol.

The Federal Motor Carrier Safety

Administration unveiled its proposed plan for a drug and alcohol clearinghouse that would store positive drug and alcohol test results; adulterated, substituted drug test results; test refusals; and successful completions of the

return-to-duty process following a positive test result. The reporting requirements fall on both prospective and current employers, medical review officers, consortiums, third-party administrators and substance abuse professionals. In the case of owner-operators, the agency is proposing the mandated use of a consortium or third-party administrator to complete the reporting requirements to the clearinghouse. Positive test results may be kept only three or five years – a time frame the agency is seeking comment specifically on – for individuals who have successfully completed the return-to-duty process and had subsequent negative follow-up test results.

Conversely, the agency is essentially proposing to keep the positive test results in the database indefinitely on individuals who do not complete a return-to-duty process after the positive drug or alcohol test. Not only will drivers have access to the clearinghouse to view their own profiles, but the agency is also proposing to notify drivers when changes are made to their profiles or when their records are accessed. The notification would be either by mail or by email, depending on the driver’s preference. In the proposal, motor carriers would be required to check a driver’s records in the clearinghouse before hiring the driver. The driver would have to give written consent

FMCSA lays out proposed drug and alcohol clearinghouse

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for this search. Additionally, FMCSA is proposing to require motor carriers to check the database annually on existing employees. The agency is proposing that this be a “limited” search, which would flag only employee records that have been changed. That would also require written consent from the drivers, but the agency would allow a blanket consent to be signed at the time of employment. The employer would then have to get written permission to do a full review of any employee records that were flagged as having been changed in the past year. Drivers who do not provide consent to employers for searches of the clearinghouse will not be allowed to conduct safety-sensitive

functions. Basically, they won’t be allowed to drive a truck. The proposal also includes provisions for reporting citations for driving under the influence to the clearinghouse. However, if the citation does not result in a conviction, it would have to be removed from the records. Mistakes do happen, and FMCSA

acknowledges this with a proposed challenge process for erroneous data. This would be for clerical errors and inaccurate information. It’s not an additional step in the appeals process on positive results. Those would still remain with the MRO. The agency is proposing that clerical errors would have to be addressed within 90 days from the date of the challenge petition, and “critical information” corrections would have to be addressed within 30 days. The proposal is silent on the requirements of foreign-domiciled motor carriers that operate in the U.S. and does not address whether a third-party vendor would actually be responsible for operating the drug and alcohol clearinghouse. LL

A LITTLE MORE TIMEWith only days remaining in the comment period for

the proposed drug and alcohol clearinghouse, the

Federal Motor Carrier Safety Administration granted a petition filed by OOIDA to

extend the comment period. The agency extended the

deadline for comments 30 days to May 21.


FEDUP


Senators want a long-term highway bill and continued reforms


An actual highway bill is not a reality yet, but Senate transportation leaders say they have agreed to some basic principles for it. First and foremost, they want a long-term bill that would provide certainty to states and agencies that receive federal transportation funding. They also want to keep the formulas and reforms that were established in 2012. Senate Environment and Public Works Committee Chairman Barbara Boxer, D-Calif., and ranking member Sen. David Vitter, R-La., announced their agreement in mid-April alongside Sen. Tom Carper, D-Del., and Sen. John Barrasso, R.-Wyo., the respective chairman and ranking member of the EPW Committee’s Transportation and Infrastructure Subcommittee. “The reason the four of us are standing here is to send a strong signal to this country that we, as leaders of this committee, have worked across party lines to act before the Highway Trust Fund cannot pay its bills,” Boxer stated. Analysts say the trust fund could go broke this summer. The EPW Committee has jurisdiction over highway funding. The Senate Commerce, Science and Transportation Committee has jurisdiction over the Federal Motor Carrier Safety Administration and the National Highway Traffic Safety Administration and will draft portions related to safety and technology. The Senate Finance Committee will debate ways to fund the bill overall. Funding remains the largest hurdle as the bill progresses, especially since many lawmakers have already ruled out a possible increase in federal fuel taxes – the main source of road and bridge funding. The current highway bill – MAP-21, Moving Ahead for Progress in the 21st Century, which was approved in 2012 – is set to expire on Sept. 30 of this year. House leaders are also working on their respective draft of the bill. Not to be ignored in the equation is the November 2014 federal election, which puts 435 seats in the House and 33 seats in the Senate up for grabs. One transportation leader who will not be running is U.S. Rep. Tom Petri, R-Wis., who announced his retirement as his 18th term comes to an end. He is the current chairman of the House Subcommittee on Highways and Transit, part of the Transportation and Infrastructure Committee. LL


Hersman leaves NTSBfor National Safety CouncilDeborah Hersman’s last day as chairman of the National Transportation Safety Board was scheduled for April 25. She is taking a new job as president of a nonprofit organization, the National Safety Council.

“It has been an honor to be associated with a noble mission that has at times inspired and evoked passion, and at other times been in the crosshairs of controversy, as real change doesn’t come without a cost,” Hersman stated in a farewell blog post. The NTSB is an independent

federal agency that investigates significant crashes involving commercial trucks and buses, trains and aircraft and makes safety and policy recommendations to other agencies in the federal government. As chairman, Hersman helped triple the number of investigations that NTSB conducted. Hersman was first appointed chairman in 2004 during the Bush administration. NTSB Vice Chairman Christopher Hart will serve as acting chairman of the agency. LL

Vehicle communicationfocus of federal noticeTechnology that would enable vehicles to interact with infrastructure, talk to other vehicles and transportation modes and connect with mobile devices is the subject of a new pilot program by the Federal Highway Administration. The program is for light vehicles only, but truckers have reason to keep an eye on the administration’s designs for the Intelligent Transportation System. A notice published March 11 in the Federal Register calls for information to help the administration assemble the pilot program. The FHWA says a recent call by the National Highway Traffic Safety Administration to incorporate vehicle communication systems in light vehicles prompted the notice. A pilot program would put communication technologies in a real-world setting with a goal of “near-term safety, mobility, and environmental benefits to the public,” the notice states. Federal research into connected vehicles continues. LL

FEDUP BRIEFS

Deborah Hersman


WASHINGTONINSIDERRyan S. Bowley DIRECTOR OF GOVERNMENT AFFAIRS

FightingforTruckers.com – A new tool for truckersI could fill a column (probably a whole issue of Land Line) just listing the number of issues percolating in Washington and in state capitals that will affect truckers. These aren’t just bills and budgets, but also regulations and guidance that take the broad policies passed by legislators and implement them out on the road.

It’s hard enough for the average trucker to keep focused on all of this when you are also focused on, well, being a trucker. You are balancing your business, your family, and taking action on policy issues when you can, but it’s not always easy to fit that in, especially when you are on the road. One of the most important things that OOIDA and the government affairs staff here in D.C. do is help keep you up to speed on what is going on and what is important for you to take action on. Active and engaged truckers are the force behind the shoe leather we burn walking the marble halls of Capitol Hill, helping bring home the issues we talk about with lawmakers and staff. Frequently we visit with staffers who already understand the issues we are talking

about because of relationships you have built with them. Often the schedule of trucking and the schedule of Capitol Hill don’t match up. You can’t call when the offices are open to take your call, and when you can call, they aren’t open. Even worse, sometimes when the schedule does match up, their phones are busy

because so many other folks are trying to call in on so many other issues. This spring, OOIDA launched a new website, FightingforTruckers.com. This site – which you can visit on your computer at home; your laptop or tablet from the sleeper of your truck; or from your smartphone while at the

truck stop – enables you to have an impact with lawmakers when it works for you and your schedule, 24 hours a day, seven days a week. For years, OOIDA has sent out “Calls to Action” over email. With FightingforTruckers.com, in addition to making a call to your lawmaker’s office, you can take your advocacy digital, sending an email to your lawmakers. The best part is that this takes only a few clicks of your mouse or taps of your finger. As it has done for “Calls to Action,” OOIDA has already drafted an email message for you to send. If you want to change the message you can, but sending a quick message couldn’t be easier. Building a relationship with your lawmakers’ staff and educating them about trucking is still the

most important step you can take to have an impact over the long-term. Email messages, like those sent through FightingforTruckers.com, play a different, but important role. In congressional offices, computer systems are used by staff to collect, count and respond to the messages the lawmaker receives from constituents. Letters, emails, phone calls, faxes and everything else goes into this system. One of the most important ways offices use these systems is to understand what issues constituents are contacting them about. In most offices, there is a weekly meeting where the senator or representative will get a quick briefing about what the top five or 10 issues folks back home are contacting them about. Getting on that list is one of the keys to gaining the attention of the office on an issue. Looking down the road, the site has the opportunity to tie into the social media tools that so many truckers and congressional offices are using, giving you more tools to take action (and to encourage your family and friends to take action on your behalf as well). With Congress developing and debating a new highway bill, truckers need to be active and engaged in Washington. We need to take every opportunity and every avenue to break through the noise from our opponents and from other issues. OOIDA is all about fighting for truckers, and with FightingforTruckers.com truckers now have another tool to be part of that fight. LL

In most lawmakers’ offices, there is a weekly meeting where the senator or representative will get a quick briefing about the top five or 10 issues folks back home are contacting them about. Getting on that list is one of the keys to gaining the attention of the office on an issue.


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Congress passed (in what seemed like record time) a bill that prevents FMCSA from proceeding with any regulation of sleep apnea without going through a rulemaking process. That involves public comment periods, legitimate research, cost-benefit analysis, etc. Soon thereafter, President Obama signed the measure into law. Without the agency going through that rulemaking process, the current regulations along with the guidance is all there is on the books to regulate, if you will, sleep apnea. OOIDA Executive Vice President Todd Spencer pointed out that while the issue was being considered in Congress, FMCSA maintained they planned to do the rulemaking all along. “However, a time frame has yet to be mentioned and the issue doesn’t appear to be an agency priority,” he said. “So who knows when the appropriate level of scrutiny might take place to determine whether the billions in new costs to drivers are justified.” In the meantime, drivers shouldn’t set themselves up to be victims. While apnea may not play a real role in any crashes, it is a medical condition that should be discussed and evaluated with a trusted and qualified physician, Spencer said. He said that drivers should take care of this before their current medical certifications expire and the “proverbial gun is at your head.” “That way you have options for testing and appropriate treatment that won’t break the bank,” Spencer said. LL

Sleep apnea

From Page 25


By Land Line staff

The Truck Writers of North America Communication Awards is now in its 11th year of recognizing excellence in trucking industry journalism. The awards dinner takes place every year at MATS. This year, the TWNA Communication Awards program generated 97 entries, ranging from newspaper and magazine articles to covers and layouts to press events. Only 70 scored high enough to earn an award. Only a select few scored division “bests.” It’s a tough peer-judged competition, and when you see some of the other entries it’s always humbling. The trucking press is an extraordinary group – remarkable in fact. Some of the writing, the art, the video we saw showcased was impressive. OOIDA media won seven gold awards, one silver and fi ve bronze awards. The Best of Division Awards are the biggies and Best of Radio went to Host Mark Reddig, Senior Engineer/Producer Barry Spillman and Second Sound Engineer James Fetzer for a segment on Glenn Childress, “Driver of Presidents.” A second Best of Division award went to LL Editor-in-Chief Sandi Soendker who was awarded Best of Internet for a blog that took her to the Missouri Veterans Cemetery to participate in a Wreaths Across America ceremony. Kudos to Today’s Trucking – the excellent Canadian magazine that won the Best of the Best. LL

ASSOCIATIONNEWS

Scoring awards from Truck Writers of North America? Sweet.

The OOIDA-Mary Johnston Scholarship Fund received a $10,000 boost from Shell Rotella at the Mid-America Trucking Show in March. The scholarship program funds higher education for OOIDA members’ children and dependents. Each year one $2,000 scholarship and four $1,000 scholarships are awarded and are renewable for four years. Dave Waterman, channel marketing manager for Shell Rotella, presented the $10,000 check to Bill Rode, chairman of the OOIDA-Mary Johnston Scholarship Committee, and Todd Spencer, OOIDA executive vice president. (Photo by

Jami Jones) LL

Scholarship fund gets boost from Shell

Mike Matousek has joined the OOIDA staff as director of state legislative affairs. He’ll be responsible for tracking and analyzing state legislative initiatives and proactively representing truckers’ concerns to state lawmakers. Mike is originally from Enterprise, Fla., and graduated from the University of Florida with a B.S. in political science. He started his career in legislative affairs by going to Washington, D.C., to work for U.S. Rep. John Mica and later went to work for U.S. Rep. Sam Graves where he

was eventually appointed to legislative director. Since 2012 he has been on the professional staff for the House Committee on Transportation and Infrastructure, working on hearings, legislation and roundtables. “We look forward to being able to direct even more focus on state activities that affect our members,” said OOIDA Executive Vice President Todd Spencer. “With so many states seeking ways to make it hard for small-business truckers to do business in those states – such as with added tolls or other costs, or taking away various rights such as parking – we can now make sure those issues receive more attention.” LL

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OOIDA adds state legislative affairs director to staff OOIDA Board meets

As the May issue of Land Line goes to press, OOIDA’s Board of Directors is convening at the Association’s Grain Valley, Mo., headquarters for the spring meeting. One of the items on the agenda is furthering the process of OOIDA’s latest election. Every two years, OOIDA holds an election for alternates to the Association’s Board. Alternates are elected by and from the membership for two-year terms. All alternate board member terms expire in 2014. Nominations have been received, and the Nomination-Election Committee is currently verifying the qualifications of the nominees. OOIDA will conduct interviews and submit a ballot to the full membership for the vote. The election will take place in the fall of this year, and successful nominees will be seated at the 2015 spring board meeting. For more details on the election and other actions of the OOIDA Board during the spring meeting, watch for the full report in the June issue of Land Line. LL

Mike Matousek




Latest decision in OOIDA v. Comerica Bank prolongs longstanding case

By Sandi Soendker, editor-in-chief

For OOIDA, a truth-in-leasing case that started out against Arctic Express and now involves Comerica Bank has been without question its longest active case. And it’s not over yet. In 1997, OOIDA and member plaintiffs filed a suit against Arctic Express for violating the escrow provisions of the truth-in-leasing regulations. The suit was resolved in OOIDA’s favor in 2004 when the court held that Arctic had violated the leasing regulations and ordered the return of the escrows in the amount of $5.5 million. Unfortunately, Arctic declared bankruptcy and was unable to pay most of the settlement. During the bankruptcy proceedings OOIDA learned of Arctic’s financial arrangement with Comerica Bank and the receipt of the maintenance escrow funds that the bank was using to pay down Arctic’s debts to it. OOIDA then sued Comerica on the theory that escrow funds were subject to a statutory trust created under the leasing regulations and that Comerica, as the recipient of trust property, was responsible to the drivers for the escrow funds. OOIDA sought the return of all of the escrow funds from Comerica. In March 2011, the Sixth Circuit Court of Appeals agreed completely with OOIDA on all of the case’s legal issues: that escrow funds were subject to a statutory trust; that those funds were improperly received by Comerica to pay down Arctic’s debt; and that, unless barred by the statute of limitations, Comerica was required to return the escrow funds to drivers. The appeals court remanded the case to the federal court in Columbus, Ohio, to resolve factual questions on the statute of limitations issue. After a trial on Comerica’s statute of limitations defense, the federal court reviewed the facts and in March 2012 ruled in favor of OOIDA, the named plaintiffs and the certified class. The court awarded the class restitution of more than $5.5 million. However, Comerica appealed the decision. On April 2, the Court of Appeals for the Sixth District ruled on the appeal, upholding all of OOIDA’s arguments except one. The appeals court ruled that the district court must “afford Comerica the opportunity to challenge the calculations in determining Comerica’s liability.” The truckers are represented by The Cullen Law Firm, the Association’s litigation counsel. LL

LAWSUITUPDATE


AFFORDABLE CARE ACT

By Greg Grisolano, staff writer

Thought March 31 was your last chance to sign up for insurance through the Affordable Care Act?

Well, not exactly… Although the deadline for the open enrollment period is over for most people, there are still some options for getting insurance coverage, according to insurance experts. “You still do have options,” said Rick Welsh, president of Welsh and Associates, a Kansas City-based health care and insurance consulting business that works with OOIDA’s Medical Benefits Group. “You can get some sort of protection on a temporary policy to fill in the gap until Jan. 1 (2015).” Now that the open enrollment deadline has expired, you can purchase an ACA-compliant plan only by having a qualifying event, such as loss of job, marriage, divorce or birth. You can also qualify by moving from one state to another. Welsh said the benefit of a temporary insurance policy is it will help cover any medical costs between now and the start of 2015. But he said the plans “will not keep you out of the penalty box” come tax time. “These temporary policies are not ACA-compliant, meaning they don’t have all the bells and whistles, the preventive care,” he said. “Major medical policies have one gatekeeper underwriting thing. Any major conditions in the last five years mean you’re not (going to get coverage).” Welsh said some of the major medical conditions that would likely disqualify an applicant for temporary coverage include heart attack, stroke or cancer. Another option is OOIDA’s scheduled benefits plans, which are not major medical coverage but do pay a portion of medical expenses. The scheduled

benefits plans have no underwriting questions. “The only way you can get into (an ACA-qualified plan) now is by having a qualifying event,” said Brenda Smith, director of OOIDA’s Medical Benefits Group. “We can offer short-term policies and supplements. What (members) need to do is call here and let us explain it to them. We might be able to combine (policies) with critical illness or scheduled benefit plans.” Smith said residents in at least one state, Nevada, are able to enroll in insurance year-round, because of the way the state set up its insurance exchange. She also said members need to be preparing in advance for the next open enrollment date on Nov. 15, 2014. “If you’re not going to do anything at all, be prepared for the next enrollment,” she said. “Do not wait until the last minute.” By the end of the open enrollment period, President Obama announced that enrollment reached 7.2 million, although that figure includes only the number of individuals who have signed up for coverage, and not the number who have paid for it yet. In March, The White House announced two additional deadline extensions. The first extension allows people with health insurance plans that don’t comply with Affordable Care Act standards to keep them through October 2017 if their states allow it. The second extension extends the open enrollment period for next year to Feb. 15, 2015. If you are not already enrolled in a public or private health care plan or do not have health insurance through an employer-provided plan or are not a U.S. military veteran enrolled in VA healthcare, you must be enrolled in a qualified health care plan by the ©

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I missed the ACA enrollment deadline… Now what? OOIDA’s Medical Benefits Group offers help, suggestions


deadline, or possibly pay a tax penalty. The temporary policies also do not absolve the tax penalty the IRS will assess to those who by law are required to get insurance. Exemptions from the penalty include:

n Being uninsured for less than three months of the year.

n You don’t have to file taxes because your income is too low.

n Membership in a recognized religious sect with religious objections to insurance, including Social Security and Medicare.

n The lowest-priced coverage available to you would cost more than 8 percent of your household income.

n Membership in a federally recognized tribe or eligible for services through an Indian Health Services provider.

There are also a number of “hardship” exemptions, including filing for bankruptcy in the previous six months, or if you were determined ineligible for Medicaid because your state didn’t expand eligibility under the Affordable Care Act. For a complete list of exemptions and more information on how to apply, visit healthcare.gov/exemptions. The penalty for not having insurance in 2014 is $95 per person ($47.50 per child under 18), or 1 percent of your yearly household income, whichever is greater. Unless your yearly household income is less than $9,500, you can expect to pay much more than $95 in tax penalties. Penalties are scheduled to increase in 2015 and 2016, and will thereafter be indexed to inflation. The penalty for being without insurance is calculated on a monthly basis. So if you have a qualifying event and get insurance later in the year and are without insurance for only six months, for example, you will owe half of the penalty. For more information contact OOIDA’s Medical Benefits Group. Agents are available from 7:30 a.m. to 5:30 p.m. Central Time, Monday through Friday, at 800-715-9369 or via e-mail at [email protected]. LL


I missed the ACA enrollment deadline… Now what?


Medical examiner rule set to kick in May 21As of press time a new rule requiring truckers to only

use medical professionals listed on FMCSA’s National Registry of Certified Medical Examiners was set to go into

effect on May 21. OOIDA has petitioned FMCSA to delay that effective date

because of the slow growth in the registry which could have some truckers finding it difficult to locate a medical professional near where they live or with any openings. FMCSA has not responded to the petition as we head to press. LL

NTSB wants side guardsTruckers should be required to install guards under the sides of their trailers to protect other vehicles from going under the trailer in an accident. That’s one of the recommendations the National Transportation Safety Board is making. Another is that the existing rear under-ride systems should be improved. The NTSB says about 500 people die each year when their cars hit the sides of trucks – and that in many cases the vehicles went under the trailer. The NTSB doesn’t make regulations, but it does make recommendations to other federal agencies. LL

Skimmers Police in Tennessee say in late March they rounded up 11 people from New York and California who were putting credit card-skimming devices into fuel pumps at Pilot Flying Js – then copying the credit card information and using it to make purchases. A Pilot Flying J official says the company is installing a new security system to try to prevent skimming. LL

TWIC effectiveness questionedIn the wake of a fatal shooting at a Naval base in late March, U.S. Sen. Mark Warner of Virginia has called for a review of the TWIC program. The trucker who shot and killed a sailor – before being shot and killed himself – got on base by showing a TWIC card. But he didn’t show any other documentation, like a manifest, as is required by the Navy. And the TWIC program has never been fully implemented to include the scanners that are supposed to read the biometric information on the cards. In asking for a review, Warner says “lapses such as this one could potentially lead to a terrorist attack.” LL

Lawmakers want HOS reviewTwo members of the House Transportation and Infrastructure

Committee are asking for an independent evaluation of the new hours-of-service rules. Chairman Bill Shuster and member Tom Petri want the Government Accountability Office to evaluate the studies used by the Federal Motor Carrier Safety Administration to justify changing the rules.

The two cite the new 34-hour restart in particular – saying it cuts into the number of hours truckers can work. They say, based on complaints they’ve heard from truckers, the new rules may not be based on sound science. LL

They say anybody can sue anybody …In Albuquerque, N.M., a woman is suing a trucker, saying he’s at fault for a crash last summer that seriously injured her and her daughter. KRQE-TV reports Angelique Pena-Chavez says the trailer of a broken-down semi was sticking out onto the highway when she collided with it. But the local media has focused on the fact that doctors treating Pena-Chavez found a large amount of cocaine hidden in a body cavity and that there are 151 bench warrants out for her on charges of DUI, running red lights and speeding. The trucker – who wasn’t named in the TV report – is quoted as saying the allegations in the lawsuit are baseless and the case should be dismissed. LL

SHORTTAKES


More CSA flawsAn audit by the U.S. DOT

Inspector General has found

more than a few flaws in the

Federal Motor Carrier Safety

Administration’s CSA program

that tries to rate the safety of

trucking companies. For example,

the Inspector General says

13 percent of the companies

in the FMCSA database report

that, actually, they don’t own or

operate any trucks. The audit

states that’s a serious flaw

because carriers are compared

to each other, which affects

everyone’s score.

The audit also said that when it

has pointed out flaws in the CSA

program before, the FMCSA took

only “limited action” to fix the

problems. LL

Bad Samaritan

For a trucker who was driving on city streets in San Leandro, Calif., on a late April morning, a stranger who at first seemed like a good Samaritan turned out to be a bad actor. Police say the stranger got the trucker’s attention and told him there was smoke coming out of the truck. The trucker pulled over and got out to inspect the rig – and while he was doing that, the stranger stole the driver’s cellphone from the cab and took off. LL

Samaritan

driving on city streets in

stranger who at first seemed like a good Samaritan turned


STATESIDE SPECIAL NEW YORK


Companies that misclassify truckers in New York face civil and criminal penalties under a new law that took effect April 10. Classification has ramifications not only for employee drivers but also for owner-operators and leased operators.

Formerly bill S5867, the law goes beyond standard Internal Revenue Service definitions of employee and independent contractor. The law signed by Gov. Andrew Cuomo on Jan. 10 and amended in mid-March places the burden on an employer to properly classify those who transport goods in the state of New York. It spells out the penalties for misclassification and contains a whistleblower provision to protect those who report misclassification by an employer. The amendment, which OOIDA and the New York State Motor Truck Association supported, applies an 11-point business entity test to help determine who is and should remain an independent contractor. Those who operate their own equipment to haul goods in

exchange for compensation and receive an IRS Form 1099 for the work are independent contractors by definition. Owner-operators leased to carriers can also apply the business entity test to see whether they are independent contractors or employees. Kendra Hems, president of the New York State Motor Truck Association, says it is important to protect those who wish to remain independent contractors. “We do feel the law protects independent contractors and their ability to operate in New York,” Hems told Land Line. “There’s 11 points to that test. The 11 points are what we negotiated at the end of the last session. We do feel that independent contractors can meet all of the 11 points,” she said. A study by Cornell University’s School of Industrial and Labor Relations found that nearly 40,000 employers misclassified more than 700,000 workers in New York between 2002 and 2005. Penalties for employers or contractors that violate the law are steep. A first offense carries a civil penalty of up to $2,500 per misclassified employee and up to 30 days in prison or up to $25,000 in criminal fines. A second or subsequent offense carries a $5,000 penalty per misclassified employee, up to 60 days imprisonment or up to a $50,000 criminal fine. Graig Zappia, an attorney with Tully Rinckey PLLC, says one

major change the legislation accomplishes is to place the burden on employers to classify those doing the work. “The major change is turning it onto the company, the business, the employer to defend whether or not they have an employee or an independent contractor,” Zappia said. “The presumption to get over the initial hurdle is now borne by the employer as opposed to in the past, where the employee had to prove they are not an independent contractor.” Zappia said provisions in the labor law are always fought on a case-by-case basis mainly because there are so many different types of businesses. “There’s not a formula that you can come up with to make it uniform across the industry,” he said. The new law attempts to use the business entity test in addition to IRS definitions to create some amount of certainty for those hauling goods. Many truckers who work in and out of the nation’s ports do the work of employees but are classified as independent contractors. Zappia said the law aims to protect the rights of those drivers. Classification issues are further complicated by pay structures and tax withholdings, and by trucking-specific issues like lease-purchase agreements, control of a person’s time or schedule, and detention time at the docks waiting for loads. LL

Law makes it illegal to misclassify truckers in New York

Penalties for employers or contractors that violate the law are steep.

For a complete rundown of state legislation, visit landlinemag.com and click on “Legislative Watch” under the “Important Info” tab. You can also visit ooida.com and click on “Introduction” under the “Issues & Actions” tab.8


FLORIDA


A Florida car hauler has filed a lawsuit against the Florida DOT’s toll collection agency, SunPass. John Northrup, doing business as Angie’s Transportation out of Plant City, Fla., seeks to “recover excessive tolls charged under FDOT’s SunPass system,” according to the lawsuit filed Feb. 21 in the Circuit Court of the Second Judicial Circuit for Leon County, Fla. In addition to monetary damages, Northrup seeks declaratory and injunctive relief for breach of contract by the named defendants – the Florida DOT and FDOT Secretary Ananth Prasad in his official capacity. Northrup, an OOIDA member, owns and operates a five-axle car hauler. He told Land Line in 2013 that dozens of charges for six, seven, eight and even nine axles have appeared on his SunPass statements. SunPass customer service has told Northrup that the charges could have resulted from someone tailgating him through a toll booth, but the theories varied depending on who Northrup talked to. The theories ranged from the truck’s weight to the truck triggering the error itself. “FDOT’s equipment is defective and frequently detects more axles than a vehicle actually has, resulting in FDOT

overcharging drivers in violation of the (SunPass Customer Agreement) at those toll stations which charge higher tolls to vehicles with more axles,” the lawsuit states. The plaintiff and attorney Stephen Turner of Broad and Cassel of Tallahassee are seeking class action status for the lawsuit. They say the alleged overcharging is not limited to trucks. Northrup’s personal vehicle, which has two axles, has been charged a three-axle rate on multiple occasions. “FDOT has known of these errors for several years and has deliberately refused to correct them,” the lawsuit states. “Notwithstanding FDOT’s knowledge, FDOT continues to overcharge its customers in this same manner.” The lawsuit would force FDOT to pay refunds and correct whatever is causing the overcharges. The lawsuit also challenges FDOT’s policy of refunding only 90 days’ worth of improperly charged fees. Northrup, whose overcharges go back more than a year, believes customers are entitled to recover all improper fees. A spokeswoman told Land Line in 2013 that SunPass and FDOT treat every complaint on a case-by-case, customer-by-customer basis. The toll agency has not yet formally responded to the lawsuit. LL

Lawsuit alleges overcharging by SunPass


VIRGINIA


Owner-operator George Berry, an OOIDA member from Chesapeake, Va., says delays to get loaded at the port at Hampton Roads used to be about an hour, but the detention time has grown to three or four hours per trip. “That’s three or four hours of ‘free time’ because there’s no additional money we’re given for detention time sitting in the port,” Berry told “Land Line Now.” “It makes it very difficult for the simple fact that a lot of these drivers still have to make their deliveries … and they’re running out of hours.” Truckers are urging the Port of Virginia to take action, and port leadership has responded by forming the Motor Carrier Task Force. It will be chaired by port Chief

Operating Officer Joseph Ruddy with representatives from motor carriers, service providers, the International Longshoremen’s Association, ocean carriers, shippers and U.S. Customs and Border Protection. “The motor carrier community plays an extremely vital role in the success of the Port of Virginia. These drivers move two-thirds of the cargo coming in and out of the port, and collectively we can make effective changes for the good,” Ruddy said in a statement. The task force will go deeper with issues typically handled by the Port Advisory Conference, specifically focusing on safety, turn times, delays at the gates, availability of chassis and the development of an appointment system. Congestion and wait times intensified in October 2012 when Hurricane Sandy took its toll on other

port facilities to the north. And there’s no turning back, Virginia officials say. Larger container ships and the widening of the Panama Canal will continue to increase imports and exports for many facilities including Hampton Roads. Truckers say another one of the hang-ups is that they are paid by the trip while the longshoremen who handle the containers are paid by the hour. “They don’t show a sense of urgency,” Berry said. “They’re getting paid regardless of whether we’re sitting there three or four hours.” Truckers and longshoremen will be at the same table with leadership once the task force begins meeting, and Berry says that’s a good thing. LL

“Land Line Now” News Anchor Reed Black contributed to this story.

Truckers fed up with long delays at Hampton Roads port terminals

WASHINGTON/OREGON

Columbia River Crossing project diesBy David Tanner, associate editor

A proposal to replace an Interstate 5 bridge over the Columbia River is dead after more than a decade of planning. The Oregon Legislature did not reinstate construction funds for the proposed joint venture with Washington state, thereby allowing the project to die on the vine. “Expenditures will be reduced immediately; further design and deliverable development will not occur. The project will shut down completely by May 31, 2014,” Oregon Department of Transportation Director Matthew Garrett announced online in early March. Garrett said the agency will keep all the paperwork on file in case someone revives the project in the future. The Columbia River Crossing

bridge replacement project was estimated at between $3 billion and $4 billion and would have been equipped for light rail and pedestrian walkways. The kicker for long-haul truckers is the project would have relied heavily on tolls. Early proposals pegged the rate for five-axle trucks at $12 per trip, and the rate would have varied depending on traffic congestion. The more congested the roadway, the higher the toll rate. OOIDA opposed various aspects of the project – tolls on an interstate bridge funded with federal tax dollars, the use of toll revenue to subsidize light rail projects, and another aspect of the project that called for tolls on the nearby I-205 bridge to supplement the project costs. Tolls on the I-205 bridge would have eliminated a toll-free alternative to the I-5. LL

Vietnam vets honored with Oregon highway dedicationOn May 26, Memorial Day, the state of Oregon will dedicate Interstate 84 from the Idaho border to Portland as the Vietnam Veterans Memorial Highway. The legislature and governor agreed to the change at the urging of the Vietnam Veterans of America. Oregon says 15 signs will go up along the 370-mile route. A press release says 57,000 Oregon residents served in Vietnam and that 719 were killed and 38 are listed as missing. The 370-mile Vietnam Veterans Memorial Highway will be dedicated at 1:30 p.m. on Memorial Day at the Oregon Veterans Home in The Dalles, overlooking the newly designated highway and the Columbia River. The dedication is open to the public. LL

OREGON


OREGON


OOIDA’s STATEWATCH What’s happening in your state legislature?

By Keith Goble, state legislative editor

COLORADOTwo new laws are of interest to truckers. HB1065 outlaws provisions in truck contracts that provide for shippers to be indemnified for losses caused by their own negligence and would invalidate them. SB7 provides counties affected by last fall’s floods more wiggle room in their budgeting to repair roads and bridges. Effective immediately, county commissioners can use general funds for road and bridge work following declared disaster emergencies.

CONNECTICUTA bill on the move would tweak the criteria in granting certification of household goods carriers. SB34 would remove the provision that gives potential competitors a say in whether a business is approved.

FLORIDAGov. Rick Scott signed into law a bill to save owners a few bucks in vehicle fees. SB156 will trim about $400 million from the fees and surcharges applied to license plate purchases, replacement or transfers and vehicle registration. The law will take effect Sept. 1.

A Senate bill could increase the posted speed limit on highways for all vehicles to as much as 75 mph. SB392 would give the Florida DOT the final say on any changes. The agency would be required to decide where it would be “safe and advisable” to increase the speed limit.

INDIANATwo new laws are of note to truckers. HB1002 releases $200 million from the state’s general fund for major highway projects. INDOT is proposing to use the money for projects that include adding lanes to Interstates 65, 69 and 70 in certain areas. Another $200 million could be tapped by state lawmakers next year when working on the new two-year budget. HB1104 requires the state DOT to contract with a third party to study alternative funding options to pay for maintaining state highways. At the conclusion of the study, the agency will then consider implementing a voluntary pilot program on one or more of the funding options.

KENTUCKYGov. Steve Beshear signed a bill into law that forbids indemnification clauses in trucking contracts. SB59 prevents truck drivers from being obligated to pay any claim that may arise from a contract, regardless of fault.

LOUISIANAFour House bills cover the use of ticket cameras. HB859 would require automated ticketing programs to extend the “yellow time” at posted intersections to six seconds. HB801 would prohibit

automated tickets from being sent to drivers speeding less than 10 mph over the posted limit. HB631 would require traffic offenders to be issued a ticket on the spot, instead of getting it in the mail. HB499 would require voters to sign off on posting red-light cameras in intersections.

MARYLANDA new law includes a provision to increase the incentive to get truck drivers to stop idling. SB72 increases the state’s 400-pound APU exemption to 550 pounds.

MINNESOTADescribed as a potential big blow to independent contractors, including owner-operators, HF2742 would implement 12 conditions for truckers to meet in order to maintain their independent status.

MISSOURIHouse lawmakers have approved two measures. HJR68 would ask voters to impose a 10-year, 1-cent general sales tax to benefit transportation projects. A protection would be included to prevent revenue from the tax being diverted away from transportation. State lawmakers would also be prohibited from increasing the state’s fuel tax without voter approval and it would prohibit charging tolls on existing roadways. HB1388 would prohibit a governmental entity from obtaining location information of an electronic device without a search warrant. Violators would face $50 fines.

NEBRASKAGov. Dave Heineman signed a bill into law that increases the mandatory-minimum penalty for

We know you don’t have time to keep up with all of the bills being considered that affect your trucking business. That’s why your

Association keeps a close watch on legislative action in statehouses near you. On this page you will find a roundup of some

significant actions from around the country. For a complete rundown of state legislation, visit landlinemag.com and click on “Legislative Watch” under the “Important Info” tab.



manure, and urine spills in certain instances. Penalties for spills from livestock trucks that occur in urban areas would increase from a minimum of $100 to a minimum of $250. LB174 routes revenue from fines to public schools in the affected county.

NEW HAMPSHIREThe Senate voted to send a bill to the House that would increase the state’s 18-cent-per-gallon fuel tax by 4 cents to 22 cents starting in July. If approved by the House, SB367 would move to Gov. Maggie Hassan’s desk. She has said she would sign it into law. House lawmakers signed off on a bill that would extend collection of the state’s fuel tax to vehicles that use alternative fuels. HB1142 would mostly apply the tax to commercial and government fleets making the switch to natural gas and propane.

NEW MEXICOA new law gives prospective commercial drivers more chances to pass testing. SB41 specifies that applicants can retake the knowledge portion of the test twice per week. State law previously limited applicants to three exams per year. The skills test will continue to be offered up to three times annually.

OHIOThe Senate voted unanimously to advance a bill to the House that would make sure that trucking operations and other businesses in the state get any available tax refunds. SB263 would require the Ohio Department of Taxation to notify businesses in the state when they overpay their taxes and provide automatic refunds in the form of credits toward future taxes.


Officials in multiple statehouses in the northeast are discussing efforts to require car and truck drivers to clear snow and ice off their vehicles. The Owner-Operator Independent Drivers Association and countless truck drivers are opposed to rules that permit police to pull over drivers whose vehicles were not cleared of snow and ice.

The issue of snow and ice removal is not a new topic in many states in the northeast U.S. Rhode Island has a rule in place to require vehicles to be kept clear of snow or ice. New Jersey also allows police to ticket drivers simply for having wintry precipitation atop their vehicles. In Connecticut, a new rule in effect since the first of the year includes truckers with motorists in the requirement to clear hoods and roofs before getting out on the roads. According to reports, by early March the state had issued at least 230 tickets under the new law. This year at statehouses that include New York, Pennsylvania and Vermont, concerned lawmakers continue to pursue stiff punishment for failure to keep vehicles clear of the wintry mix. Supporters say a snow and ice rule would make enforcement easier. Others say it creates a significant deterrent for not cleaning off a vehicle following a snow or ice storm. “We hear time and again about

accidents that occur as the result of snow or ice becoming dislodged from vehicles as they are traveling,” New York Assemblyman Charles Lavine, D-Glen Cove, said in a news release. “This is a commonsense law that has the potential to prevent accidents and save lives.” Lavine is behind a bill that would include $75 fines simply for having snow or ice on vehicles. If injury or property damage results, motorists traveling through New York found in violation would face fines between $200 and $1,000. Truck drivers would face fines between $500 and $1,200. In Vermont, a bill under review would include fines for truckers that start at $100 simply for having snow or ice on the truck or trailer. Anyone who is injured or has their property damaged from falling ice or snow could sue the driver at fault. A Pennsylvania bill focuses only on trucks weighing at least 48,000 pounds. State law already allows police to ticket violators between $200 and $1,000 if the wintry precipitation causes serious injury or death. Sen. Lisa Boscola, D-Northampton, is behind a bill that would boost the maximum fine to $1,200, as well as include an additional protection that would allow police to ticket drivers for failure to clear snow or ice before they take to the roads. All three states would excuse drivers for snow or ice that accumulates on a vehicle while out on the road. Critics, including OOIDA, say that snow and ice rules are nearly impossible for truck drivers to comply with. They point out that facilities are not readily available in states to accommodate such mandates on trucks. Another problem is the practicality of requiring people to climb atop large vehicles, and doing it in unsafe conditions. LL

States pursue snow-free vehicle mandates

Facilities available for truckers to clear snow and ice off their trucks are few and far between as state officials pursue snow-free vehicle mandates.

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If a Missouri state lawmaker gets his way, the far left lane on multilane highways in the state would open back up for truckers on a limited basis. Also under scrutiny at multiple statehouses are travelers who poke around in the far left lane. Missouri Rep. Glen Kolkmeyer, R-Odessa, is behind a bill that would change state law that forbids large trucks from using the far left lane of “urbanized” roadways with at least three lanes of traffic. Kolkmeyer, who owns Energy Transport Solutions in Bates City, Mo., said prohibiting trucks from using the left lane doesn’t make sense. “I have had numerous drivers, as well as myself, behind the wheel and experience the problems with restricting trucks from the left-hand lane. What you end up with is a barricade in the middle,” Kolkmeyer told Land Line. Kolkmeyer’s bill would allow trucks in excess of 48,000 pounds to merge left for passing only. Advocates for keeping trucks out of the left lane say it makes roadways safer for all travelers. OOIDA officials say that sentiment couldn’t be further from the truth. “Lane restrictions simply make it more difficult for vehicles to move freely and safely on our highways while often creating a barrier to vehicles trying to enter or exit our highways,” said OOIDA Executive Vice President Todd Spencer. In addition, Spencer pointed out that Missouri law already has restrictions in place to keep all traffic to the right except to pass. Spencer said that lawmakers would be well served to require the Missouri DOT to increase signage and awareness of state law directing all vehicles to stay to the right. Elsewhere, travelers who take it slow in the far left lane are under scrutiny at multiple statehouses. In Georgia, a bill on the governor’s desk would allow police to ticket people slowing traffic flow in the far left lanes on interstates and highways.

At least 20 states have similar left-lane

States consider changes to lane use rules



8For a complete rundown of state legislation, visit landlinemag.com and click on “Legislative Watch” under the “Important Info” tab. You can also visit ooida.com and click on “Introduction” under the “Issues & Actions” tab.


restriction rules, according to the National Conference of State Legislatures. Drivers on multilane roadways in Georgia would be required to move to the right if they are being overtaken by another vehicle. Anyone traveling the speed limit would also be required to yield to vehicles exceeding the posted speed limit. “This is the good manners your mama should have taught you,” Rep. Bill Hitchens, R-Rincon, told House lawmakers during recent discussion on the bill. Across the state line in South Carolina, a House bill is intended to boost the deterrent for driving slowly in the left lane. State law already limits driving in the far left lane for passing only. The bill calls for adding two points to the driver’s license of anyone caught driving in the left lane 5 mph below the posted speed limit. Left lane use is also getting attention in Wisconsin. A bill halfway through the statehouse would get rid of a requirement in state law for passing drivers to alert vehicles ahead. Wisconsin law now requires drivers impeding traffic to make way and move to the right for overtaking vehicles when they hear an “audible signal” that he or she intends to pass.

The bill would remove the requirement for passing vehicles to give an audible signal, such as honking the horn, to warn the vehicle ahead that they are being overtaken. Once viewed as a courtesy, Tom Rhatican with the Wisconsin DOT told an Assembly panel that honking the horn at another driver is no longer viewed the same. “The honking requirement has been interpreted by other drivers to be an aggressive, or anti-social, behavior,” Rhatican said. “We want to eliminate it.” LL

“This is the good manners your mama should have taught you.” – Georgia Rep. Bill Hitchens, R-Rincon


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Towers and their practices are a constant concern in the

trucking industry. Actions pursued in statehouses around the country address the issue. Concerns about predatory towing spurred the Ohio House to approve a bill that is intended to protect truckers and other drivers from being victimized by dishonest tow truck operators. The bill would cap towing and storage fees, require that tow companies inform people of their rights, provide a 24-hour grace period for vehicle storage fees, limit how far a vehicle can be

towed, require tow operators to snap pictures from all four sides of the vehicle showing it is parked illegally and give the Public Utilities Commission rulemaking authority for enforcement. Rep. Mike Duffey, R-Worthington, said the changes would help upstanding towers that cannot compete with the unfair practices of predatory companies exist in the state. “The ‘wild, wild West’ of towing should be regulated more thoroughly than it is right now,” Duffey said in a press release. Nonconsensual tows are covered in a new Colorado law. Currently, the state’s Public Utilities Commission regulates the rates that can be charged for a nonconsensual tow of

vehicles weighing less than 10,000 pounds. Nonconsensual towing rates for vehicles weighing more than 10,000 pounds are determined by a negotiated agreement between the tower and law enforcement. Gov. John Hickenlooper signed into law a bill to repeal the 10,000-pound weight restriction to apply the PUC’s towing rate regulation to all vehicles. It takes effect Aug. 6. Owner-operator and OOIDA Life Member Jack McComb of Littleton, Colo., said changes are needed to help ensure fair rates for all tows. “The problem in Colorado has been that the negotiations go on between law enforcement agencies and the towing companies,” he said. “There is no one involved in the negotiations that have the truck driver’s best interest in mind.” The new law also creates a nine-person committee to advise the PUC on rates and investigations of overcharges. One member would represent truck drivers. Another new law in Tennessee covers drivers not present when their vehicle is towed. State law requires towers to notify local law enforcement before taking a vehicle when the owner of the vehicle is not present. However, there is no penalty for failure

to notify police of the vehicle’s identification number, registration information, license plate number, and description before towing. Gov. Bill Haslam signed a bill into law that could result in tow violators facing as much as 12 months behind bars and/or up to $2,500 fines. Sen. Becky Massey, R-Knoxville, said the punishment provision is needed to get the attention of law breakers. “This bill puts some teeth into the law because tow operators have been ignoring it.” The Illinois Senate approved a bill that would prohibit “towing” a truck by operating the vehicle under its own power as opposed to physically hauling the vehicle away unless police authorize moving it. Sen. John Sullivan, D-Rushville, said the protection is needed to address use of a master key to start up and move vehicles without authorization from the truck driver, or company. “It raises liability concerns about whether tow company drivers are qualified to get behind the wheel of a large vehicle,” Sullivan told Land Line. “My legislation says you cannot use a master key to move a vehicle unless you have permission from law enforcement.” LL

STATEWATCH

States cover towing issues

“The ‘wild, wild West’ of towing should be regulated more thoroughly than it is right now.”

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By Clarissa Hawes, staff writer

Attorneys for Caterpillar Inc. are asking a panel of federal judges to consolidate five class action lawsuits filed against the company over alleged defects with its C13 and C15 engines purchased between 2007 and 2010. According to court documents filed in March, Caterpillar is requesting that the U.S. Judicial Panel on Multidistrict Litigation consolidate and transfer the cases to the U.S.

District Court for the Southern District in Florida. Paul M. Weiss of the Complex Litigation Group represents truck and bus owners who purchased vehicles with the allegedly defective C13 and C15 engines in two of the five class action lawsuits. “What we have found from our clients is that after purchasing vehicles with these engines, they found out they are basically lemons,” Weiss told Land Line. “Besides the constant breakdowns, it’s a huge financial burden because there’s the money you have to lay out to fix the ARD (aftertreatment regeneration device) head to have these engines regenerate or repower.” Weiss said clients with the Caterpillar ACERT diesel engines claim they started experiencing engine breakdowns about every 20,000 miles. He said their buses or

trucks would suddenly shut down to regenerate or repower and had to be towed to a Caterpillar-authorized repair facility because the computer codes and software were proprietary. “If you are a bus owner and you are driving a bunch of folks on the bus, that’s a major problem obviously when it shuts down and you have people on board,” he said. “It’s the same for truck drivers who have a delivery to make and they are stuck on the side of the road.” Weiss said plaintiffs in the cases

just want what the vehicles would have been worth had there not been a problem with the C13 and C15 issues. “The problem is that a lot of people went out and bought a used one of these thinking they got a good deal, not realizing that they bought a lemon – then finding out they have no warranty coverage,” Weiss said. “Honestly, the diminished value is between $50,000 to $80,000, what they lost in value and what it should be worth had they not had this problem.” Salud Services Inc., doing business as Endeavor Bus Lines, along with four other bus companies who purchased buses with Caterpillar C13 engines, first filed their case in October 2012. BK Trucking out of New Jersey was the first trucking company to file a lawsuit in April 2013, which includes vehicles with

the C13 and C15 engines. The five separate class actions against Caterpillar are pending in federal court in Florida, New Jersey, California, Louisiana and Pennsylvania. According to court documents, all five complaints allege that “C13 and C15 engines have defective regeneration systems; that the defects lead to frequent breakdowns and repairs causing economic loss to the owners of vehicles containing these engines; that Caterpillar failed to comply with its obligations under the emission system warranty; that the engines are not merchantable; and that the engines do not comply with a warranty of fitness for a particular purpose.” Weiss said he and other attorneys working on behalf of the drivers don’t have a dispute about consolidating the cases. It’s more about the venue. “We are requesting the case be heard in federal court in New Jersey – the BK Trucking case – because it involves trucks and buses with the C13 and C15 engines,” Weiss said. “Caterpillar wants the case to be in Florida because the Florida court has limited the case to just the C13 bus issue.” Caterpillar has stopped making the C13 and C15 ACERT engines, but still repairs them if they are under warranty. Caterpillar denies knowledge that the C13 and C15 truck and bus engines were defective. Weiss is urging truck drivers who purchased a vehicle with one of these engines to contact him at [email protected]. LL

INDUSTRY NEWS

Caterpillar seeks consolidationof class action lawsuits over ACERT enginesRegeneration problems have plagued Caterpillar C13, C15 engines since Cat raced to the market with its 2007 EPA-compliant engines.

“What we have found from our clients is that after purchasing vehicles with these engines, they found out they are basically lemons.” – Paul Weiss, Complex Litigation Group LLC

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Register for these upcomingeducationalmodules:

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What should you look for when buying a truck? Should you consider a new truck or lookinto buying a used truck? What about leasing a truck?

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Blog from the Mid-America Trucking Show


What does the word “movement” mean to you? Action? Process? Take me – a cause-oriented ’60s kid and a longtime employee of OOIDA, an organization

that is all about fighting for the rights of professional truckers. I guess I am somebody who can’t resist the launch of a big “movement.” At MATS, a group representing people from every corner of the trucking industry got together and launched an industry-wide movement to shape a positive image of trucking. And it’s

going to be done by telling the story of the people who make trucking possible. Among the speakers were OOIDA Executive Vice President Todd Spencer, President of Jet Express Kevin Burch, driver Allen Boyd and technician Herschel Evans. In the words of OOIDA Executive Vice President Todd Spencer, “we’ve got a story to tell.” And in my words – it needs to be one that is shouted from the mountaintops. Because legislators and regulators need to keep hearing about the “essentiality” of truckers. Without them, the nation’s economy will hit the skids. That message seems to keep on getting ignored. Spencer said truckers are the most important people

in the trucking industry. The job they do “moves the nation.” “And the trucking industry needs to see it,” said Spencer at a press conference today in Louisville. “If we cannot see it, the public won’t either.” The movement is called Trucking Moves America Forward – or TMAF if you must have an acronym. It brings all sectors of the trucking industry together in a positive movement that intends to do some serious steam-rollin’ in order to engage policymakers, industry professionals and the public. Kevin Burch, president of Jet Express, cited a statistic I have not heard updated for a while but I jotted down. Did you know that 1 in 16 people in the U.S. are employed by the trucking industry? That doesn’t necessarily mean they are behind the wheel, but – 1 in 16? That’s impressive. Why can’t this industry get the proper respect? Plenty of people in the industry are on board with this one. Along with ACT 1, an initial founding member of the movement, other supporters include OOIDA, ATA, Allison Transmission, Bendix, Bridgestone, Cummins Inc., Daimler Trucks North America, Dana, Detroit and Eaton. Lots of familiar names. Here’s more: GE Capital, Goodyear, Great West Casualty, Hahn Transportation, Hendrickson, J.J. Keller, Jet Express Inc., Kenworth, Longistics, Love’s, Mack Trucks, Meritor, Michelin, Motor Carrier Service Inc., Old Dominion, Omnitracs, Pegasus, Peterbilt, Randall Reilly, Tennant Truck Lines, Tennessee Express, Trans Tech, TCA, Volvo and TRW. You’re going to hear more about Trucking Moves America Forward in the future. For now, check it out at TruckingMovesAmerica.com or follow it on Facebook (Trucking Moves America Forward) or Twitter at @TruckingFWD. Somebody has to do this.

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OOIDA Executive VP Todd Spencer

Trucking Moves America Forward ... indeed it does

Somebody has to do this.


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Blog from the Mid-America Trucking ShowBlog from the Mid-America Trucking Show

Trucking Moves America Forward ... indeed it does


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Seizing the opportunityBy David Tanner, associate editor

By Friday morning at MATS the show was in full swing. Attendees were strolling along, filling their tote bags with MATS goodies. In a South Wing conference room just off the main corridor, a few truckers have stopped to sign up on clipboards – not for a chance to win a fancy prize, but for the opportunity to speak directly with the people who develop the rules they must live by on the highways. The Federal Motor Carrier Safety Administration has hosted a public listening session at MATS each of the past few years. And although this year’s

session was about “New Entrant Knowledge Testing” – not the most exciting subject – the panelists, including FMCSA Administrator Anne Ferro,

heard a wide variety of topics on truckers’ minds. A few truckers used their time at the mic to speak about driver training and the role of technology – for better or for worse – in vehicle safety and industry compliance. Truckers like OOIDA Life Member Michael Potwin of Bridgewater, Mass., who used his podium time to talk about big-picture issues such as the shortage of safe truck parking; the effects of CSA and enforcement on the small-business operator; and how technology such as electronic logs, adaptive cruise control and speed limiters are no substitute for a trained and experienced driver behind the wheel. “Safety is a wonderful thing but (technology) is something that a lot of people hide behind,” Potwin said. During a midday break between morning and afternoon sessions, Potwin and companion Rachel Martin said they were glad for a chance to interact directly with Ferro, the top federal regulator for their industry. Ferro in turn said she was glad to meet with truckers and hear directly about issues that affect them. “I wish there were more truckers here for this opportunity,” Potwin said.

FMCSA Administrator Anne Ferro with OOIDA Life Member Michael Potwin and Rachel Martin

opportunity,” Potwin said.




In those critical moments when a person’s life hangs in the balance, there are people who would risk harm or even death for the chance to save that life. Ivan Vasovic is one of those people. His actions on a fateful day last year earned him the title of Goodyear Highway Hero. Goodyear presented Vasovic with the 31st annual award during this year’s Mid-America Trucking Show, and he was selected from an extraordinary group of four finalists. Vasovic is a truck driver, an OOIDA member, and a

resident of Rancho Cucamonga, Calif. He is an immigrant from Serbia, a part of Europe ravaged by conflict and war. He is grateful for his job and his way of life, and at least one family out there is forever grateful to him. Vasovic had just begun his workday last October in Los Angeles when he witnessed a double tanker truck crash first into a concrete divider and then into a guardrail. The tankers, punctured in the crash, were full of diesel fuel. The truck and first tanker ended up hanging precariously off the side of an overpass. The tanker driver, still conscious but now on fire from the ignited diesel fuel, kicked

out a window and plunged to the ground, breaking an arm and a leg. “In that moment, I saw him in danger,” Vasovic said. He then did something that put his own safety on the line. He and another witness had rushed forward to drag the tanker driver to safety, but the flames and heat were becoming too great. With seconds to spare, Vasovic rushed back to his own rig, doused himself with water and managed to drag the other driver another 20 yards to safety. Literally moments later, the double tanker came crashing down to the ground. Vasovic did not stay around long at the scene. In fact, he went back to work not long after his heroic save. His company, Hub Group Trucking, nominated him for Goodyear Highway Hero. “I went back to work, you know,” he said. “I washed my hands and I tried not to think about it. Only after, when people approached me and people saw the (news) video, then I got scared.” Vasovic has been trucking for 11 years, the past four with Hub Group Trucking.

Before that, he was in the military in the war-torn former Yugoslavia, where he worked for a Red Cross platoon. “I grew up in a tough neighborhood,” he says. “I had a tough childhood and everything.” Vasovic came to the U.S. in 2003 through the Red Cross, taking a job, fittingly, as a lifeguard. He is now a member of the prestigious Goodyear Highway Hero family. He joins recent past winners Jason Harte, Mike Schiotis and Tilden Curl. “Ivan’s quick thinking and brave actions saved a fellow truck driver from a life-threatening situation,” said Gary Medalis, marketing director, Goodyear Commercial Tire Systems. “He literally put himself in harm’s way to save another person’s life. Ivan’s decision to interject himself into this deadly scenario is a powerful example of the selflessness exhibited by professional truck drivers. He has earned the right to be called a Highway Hero.”

Goodyear recognized three other finalists at this year’s award presentation. Brian Dunn of Knoxville, Tenn., pried the door from a burning car to rescue a 2-year-old boy. He says all he could think about were his own young children. OOIDA Member Scott Rosenburg, Isanti, Minn., used a boom on the back of his truck to turn a vehicle back over after it landed upside down in a pond. His actions saved the driver, who would certainly have drowned. Tim Horton, Sheridan, Ark., witnessed a vehicle crash 35 feet down into a ravine near Tuscaloosa, Ala., and

Goodyear Highway Hero: OOIDA Member Ivan Vasovic

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Goodyear Highway Hero and OOIDA Member Ivan Vasovic.

Scott Nelson, Highway Hero finalist Tim Horton, and Karen Nelson meet in person for the first time.

Before that, he was in the military in the war-torn


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The Nelsons show a picture of their son, Tyler, who was fortunate to have trucker Tim Horton looking out for him after a crash.

Fifth Annual Health Awareness Walk

Together with Trucking Solutions Group, TravelCenters of America sponsored the 5th annual MATS Health Awareness Walk. Walkers started at Papa John’s Stadium truck parking lot and walked to Churchill Downs and back to Papa John’s.

braved the slope and treacherous terrain to help rescue a college graduate student, Tyler Nelson. Nelson’s parents, Scott and Karen, of the Nashville area, attended MATS as guests of Goodyear. Although they knew one another would be in attendance, the Nelsons had never met Horton in person until the award presentation. Grateful hugs and tears of joy flowed for these friends for life. Horton says he plans to meet Tyler, now 24, when he passes through Atlanta where Tyler studies. “This is really amazing,” said Karen. “His survival instincts just kicked in.”instincts just kicked in.”


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The Nelsons show a picture of their son, Tyler, who was fortunate to have trucker Tim Horton looking out for him after a crash.

56 LAND LINE MAY 201456 LAND LINE MAY 2014

Trucker Buddy recognizes outstanding drivers of the year

By Bill Hudgins, contributing writer

Trucker Buddy International honored five of its participants as Outstanding Trucker Buddies at the Mid-America Trucking Show. Now in its 21st year, TBI has helped to educate more than 1 million elementary school children about trucking – and often about life – by connecting the classes with dedicated, professional and caring truckers. The drivers named as Outstanding Trucker Buddies were:• Jim Stinemates, who corresponds with New

Century School in Verona, Wis.• Bob Cravens, whose students are at Liberty

Elementary School in Rocky Ford, Colo.• OOIDA Member Matt Slovack, whose class is at Lincoln Irving School, in Moline, Ill.• Fred Sweetwood, whose class is in Marais des Cygnes

Valley Elementary in Quenemo, Kan.• OOIDA Member Linda Caffee, whose cards and

stories fascinate students at College Chateaubriand in Saint-Malo, France.

Stinemates said the experience with Trucker Buddy inspired him to send his letters to family and friends, detailing life on the road as well as his wife’s encounters as she rescues feral cats. Cravens has had the same teacher for 18 years; some of the students he had at the start now have their own children who are second-generation Trucker Buddy participants. He encourages kids to get involved in their communities, from visiting nursing home residents to adopting pets from the pound. Slovack is deeply involved with Boy Scouting as well as Trucker Buddy, and teaches trucking and transportation merit badges. He said some 200 Boy Scouts would be at MATS on Saturday to learn about the industry and to work toward their badges. Sweetwood got choked up talking about how much the admiration and affection of the challenged children in his class means to him, and how he tries to bring extras to them when he visits. For some of the kids, his gifts of pencils and erasers are the first new writing implements they’ve ever had. Caffee’s teacher found out about Trucker Buddy via message boards, and represents one of several European schools that correspond with the faraway truckers. The children are constantly astonished at how far American truckers drive compared with the short

distances in Europe. Also honored at the meeting was Mark Lowthorp, as the year’s Outstanding Trucker Buddy Ambassador. The ambassadors help represent the organization at industry events, extending the reach of Trucker Buddy, which has only two full-time employees. For more information about the Trucker Buddy Program, visit truckerbuddy.org.Program, visit truckerbuddy.org.

It was tough making the choices as Trucker Buddy International honored seven of its participants as Outstanding Trucker Buddies for 2014. From left, Matt Slovack, TBI Ambassador of the Year Mark Lowthorp; Trucker Buddy President K. C. Brau; Linda Caffee; TBI Executive Director Randy Schwartzenburg; Jim Stinemates; Bob Cravens and Fred Sweetwood. Also honored as Outstanding TBI Buddies but not pictured: Anthony Spero and Jacquie Knight-Lebis and John Lebis.

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Throngs of truck driving women in red shirts gathered at MATS for Women In Trucking’s fifth annual “Salute” – an event that includes chocolate cake, a keynote speaker, and the recognition of women who have spent years behind the wheel. The event also includes the traditional group pic.

Fifth Annual Salute to Women In Trucking

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Trucker Buddy recognizes outstanding drivers of the year




Do you have a favorite truck stop where everybody knows your name – where you spend so much time you feel they ought to name it after you? That fantasy is coming true for six individual truckers and a trucking couple who are the grand prize winners in Travel Centers of America’s inaugural Citizen Driver of the Year competition. TravelCenters will be naming seven TA and Petro truck stops after the winners, who were chosen from 88 nominees, including many OOIDA members. The name

changes took place the week of April 14. The winners, and their truck stops, are:

• OOIDA Life Member Norman Knight of Watkins Glen, N.Y. – Columbus, N.J., TA: “Norman Knight Columbia Travel Center”

• OOIDA Senior Member Jimmy Ardis of Sumter, S.C. – Manning, S.C., TA: “Jimmy Ardis Travel Center”

• OOIDA Senior Member Shawn Hubbard of Victorville, Calif. – Ontario, Calif., Petro: “Shawn Hubbard Ontario Stopping Center”

• OOIDA Members Linda and Bob Caffee of Silex, Mo. – Petro North Las Vegas: “Linda and Bob Caffee North Las Vegas Stopping Center”

• OOIDA Senior Member Henry Albert of Mooresville, N.C. – Laredo, Texas, TA: “Henry Albert Laredo Travel Center”

• Charley Endorf of Fairbury, Neb. – York, Neb., Petro: “Charley Endorf Stopping Center”

• OOIDA Life Member Jerry Fritts of Cordova, Tenn. – West Memphis, Ark., Petro: “Jerry Fritts West Memphis Stopping Center”

The winners were announced at TravelCenter’s annual

Seven Citizen Drivers recognized by TA

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From left, Henry Albert, Jimmy Ardis, Bob and Linda Caffee, Charley Endorf, Jerry Fritts, Shawn Hubbard and Norman Knight.




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SpiritTruck5_2014 4/17/14 10:29 AM Page 1


By Suzanne Stempinski, field editor

I know these trucks and their drivers have hard jobs. They will tell you about them if you ask. They run down the road just about every day. They pay their bills and miss their families and fix the things that go wrong. They prepare for a truck beauty competition like warriors. No weather conditions too miserable, no delays acceptable. They also drive awesome trucks. It’s part of who they are. No excuses for dirt or grime. Their tractors and trailers gleam with fresh paint, polished aluminum and sparkly chrome. When they tell you it’s a working truck, you can believe them. They’re the folks who represent many of the things that are best about our industry. They say no to cheap freight; they’re good money managers; they know how to turn a customer for one load into a customer for the long haul; they’re truck drivers, owner-operators and small fleet owners. “The Pursuit of Excellence” was the theme and the goal for the 25th Anniversary Paul K. Young Memorial Truck Beauty Championship, and results reflected every bit of it. For OOIDA Member Theresa DeSantis of Apache Junction, Ariz., winning was a dream come true. Her first competition was at the Great West Trucking Show in Las Vegas in 2010. She got hooked on the camaraderie and a trophy for her efforts as a brand-new competitor and came back the following year – all while working her 1985 red and orange striped Peterbilt 359. It’s a sweet ride that blends the old 359 feel with some modern conveniences. And it’s “eat off the frame” clean. Her results? Four trophies including Best of Show Working Bobtail. Joel Dawes and his son AJ, son and grandson of OOIDA Life Member Maurice Dawes, parked in one spot but competed in two shows. His white and green 1988 Peterbilt 379 named “Family Tradition” grabs a lot of attention. Big, sturdy, cleaned and detailed, Dawes’ truck was also competing for the championship of the National Association of Show Trucks. Judges came from both sides of the convention center to include him in their tallies. And when it was done, he took trophies from both events – including a first-place win from NAST.

It’s all about the styleOOIDA members stand out in PKY Memorial Truck Beauty Championship

Joel and AJ Dawes’ 1988 Peterbilt 379 (Photo by PKY Truck Beauty Championship)

Ryan Derrickson’s 1999 Peterbilt 379 and 2014 Great Dane reefer.(Photo by PKY Truck Beauty Championship)

Larry Graves’ 2013 Peterbilt 389 and 2014 Mississippi tanker (Photo by Suzanne Stempinski)


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It’s all about the styleOOIDA members stand out in PKY


Rising star OOIDA Member Ryan Derrickson of Medford, Wis., brought out his recently refreshed 1999 Peterbilt 379 and 2014 Great Dane reefer, which is loaded with wow and an attention to detail that is bringing him more than a little notice. Look for Derrickson to be a hot contender in 2014. The hottest guy on the lot, continuing a winning streak that started in 2013 and is racing forward without missing a beat is OOIDA Member Billy Rethwisch out of Tomah, Wis. His 2013 championship tractor was parked inside the convention center while his newest entry for 2014, a 2013 Peterbilt 389 and painted to match 2012 Polar tanker trailer, is a lime green and white sensation. With four first-place trophies and Best of Show Working Combo on a truck that turns heads as well as miles, Rethwisch is now back at work hauling gas around the Midwest. His trucks don’t slow down and they always look good. He’s running to be the best, always. Best of Show Limited Mileage Combo was awarded to

Larry Graves of Farmers Oil, Afton, Okla. Both at night with a dazzling display of lights and during the day with impeccably detailed chrome, stainless and aluminum; the aptly named “Silver Lining,” a 2013 Peterbilt 389 pulling a 2014 Mississippi tanker, turned heads from the front row to the back. Bill Bowling of Fostoria, Ohio, won the hearts and minds of the judges and competitors alike with his black with gold striped 1978 Kenworth W900A. With a nod to yesterday and the LED-lit brilliance of today, this clean old truck swept into the top spot as Best of Show Limited Mileage Bobtail. One of the most coveted trophies is the People’s Choice Award. Voted by the public and his peers, Brian Davis had a smile brighter than sunshine when his name was called to receive this prestigious award. His 2005 blue and black Peterbilt 379 and 2012 Wilson hopper trailer literally rocked the crowds. With a stereo system that has enough wattage, speakers and sound for a football stadium, he had to load the trailer with corn just to keep it grounded. We’ll be seeing a lot more of this “Superfreak.”

Theresa DeSantis’ 1985 Peterbilt 359 (Photo by PKY Truck Beauty Championship)

Bill Rethwisch’s 2013 Peterbilt 389 and 2012 Polar tanker. (Photo by PKY Truck Beauty Championship)

Brian Davis’ 2005 Peterbilt 379 and 2012 Wilson hopper. (Photo by Suzanne Stempinski)

Bill Bowling’s 1978 Kenworth W900A (Photo by PKY Truck Beauty Championship)

a lot more of this “Superfreak.”



By Land Line staff

OOIDA Member Brad Peterson of Wellington, Colo., was announced as the grand prize winner of the Drive a Firestone Sweepstakes. Peterson won a 2013 Firestone Edition Class 8 tractor. Peterson also won an all-expenses-paid trip for two to the 2014 Indianapolis 500, assistance to help defray taxes, and up to a fi ve-year supply of Firestone tires. “This is the fi rst contest I’ve ever won in my life,” said Brad Peterson, an OOIDA member since January 2011. “I gave a big hug and kiss to my wife. I knew I had a 20 percent chance of winning. I’m retiring my current truck and using the new truck to haul equipment.” Bridgestone Commercial Solutions announced the prize at the 2014 Mid-America Trucking Show in Louisville, Ky. The grand prize win concludes the Firestone Drives America Tour, which was launched last July. The tractor features a highly customized interior and exterior appointments that turn it into a Firestone-brand truck. Many more prizes were awarded during the sweepstakes, including all-expenses-paid trips for two to a baseball championship series game, all-expenses-paid trips for two to attend the college football national championship game, and $500 gift cards and Firestone-branded apparel. Peterson was one of fi ve fi nalists selected at random. Each fi nalist received a key, and it was Peterson’s key that started the engine. All fi ve fi nalists received an all-expenses paid trip for two to the 2014 Indianapolis 500 and the Mid-America Trucking Show where the grand prize was awarded. The Drive a Firestone sweepstakes was open to drivers with a valid U.S. Class 8 CDL who own or operate a Class 7 or 8 vehicle.

Colorado OOIDA member wins truck in Firestone sweepstakes

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OOIDA Member Brad Peterson in his 2013 Firestone Edition Class 8 truck.

operate a Class 7 or 8 vehicle.

MAY 2014

OOIDA, its board of directors and itsmembers thank

for its generous commitment of $10,000to the OOIDA-Mary Johnston ScholarshipFund for 2013/2014 and the upcoming2014/2015 year.

OOIDA is grateful for Shell’s partnershipwith OOIDA in this important memberprogram to aid the children, grandchildrenand legal dependents of OOIDA members.

Annually, OOIDA awards one $2,000/year and four $1,000/year scholarships, eachrenewal up to three additional years.

OOIDA Foundation: 800-444-5791www.ooidafoundation.org

Owner-OperatorServices Inc.

Other Major Benefactors

Jobie Debrick2013/14 First place scholarship winner

The OOIDA-Mary JohnstonScholarship Fund

Watch for the June issue of Land Line for the 2014/2015

scholarship winners!

Scholarship 5-14Thanks 4/15/14 3:36 PM Page 1

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Colorado OOIDA member


Provide your family with quality dental coveragethrough OOIDA. Choose from two great Dental Plans – the Value Plan and the Premier Plan. The Value Plan provides preventive and basic dentalbenefits. The Premier Plan provides preventive, basicand major services (subject to waiting periods).

“Cheese” should be an important word in her vocabulary.


at 800-715-9369 for more information and a quote on this or


Dental 1/17/12 3:57 PM Page 1


The Truck Writers of North America’s “Extra Mile” Award was created to recognize those individuals, organizations and companies who have gone the extra mile by helping to make the trucking industry a better place. I guess it was coincidence that here at MATS this year a blog I wrote about experiencing the Wreaths Across America wreath-laying was recognized by my fellow TWNA members as Best of Internet Division. That was Thursday night. A short time later, TWNA presented the Extra Mile Award to Morrill and Karen Worcester, founder and executive director of Wreaths Across America, respectively, for “going the ‘Extra Mile’ by working with the trucking industry to honor America’s fallen heroes.”

It came as a total surprise to me that Morrill and Karen were guests at the awards dinner. It’s become a project I feel deeply about. How can you NOT? Like a number of other truck writers, Wreaths Across America “had me from hello” – or to be more accurate, the minute I saw that Internet image of Arlington in the snow, the headstones and wreaths. You know the one that went viral years ago? If you haven’t see it, or read about WAA, here’s a really quick backgrounder: Wreaths Across America is a national nonprofit best known for their annual wreath-laying ceremonies at Arlington National Cemetery and at more than 900 locations nationwide. A growing number of trucking companies and truck drivers volunteer their time and equipment every year to Wreaths Across America. As a TWNA member, it was

gratifying to recognize Wreaths Across America’s efforts. And it was great for me to be able to meet them face-to-face and talk with them for a while. Heartfelt congratulations to Morrill and Karen and all the Wreaths Across America people and the volunteers who make this happen every year.

Wreaths Across America: Going the ‘Extra Mile’

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Brad Bentley, editorial director of Driving Force, RPM and Big Rig Owner, presents the Extra Mile Award to Wreaths Across America Executive Director Karen Worcester and WAA founder Morrill Worcester.

who make this happen every year.

OOIDA member wins Apex Capital contest grand prizeOOIDA Member Martin Marvel of Lakeville, Ind., won Apex Capital’s Continental Tire Giveaway Contest grand prize. Marvel will receive a brand-new set of two Continental or General steer tires and services. Marvel, owner of M&D Marvel Transportation, has been an Apex client since November 2011 and an OOIDA member since October 2005. Apex will visit Marvel in May to officially present him with the tires. The contest ran to celebrate a new partnership with the tire provider. Apex and Continental/General Tire will offer Apex clients discounts on tier 1 and tier 2 tires.tier 2 tires.

MAY 2014 Circle No. 15 on Response Card



It was Friday night in Louisville, clear, calm and 56 degrees and sure was no kind of night to head back to the hotel and sit around the room watching all the electronic stuff recharge. I heard that Papa John’s parking lot was jumpin’ and jivin’, so I was easily lured to the action. The place was a sea of trucks and trailers. On the OOIDA stage, our own “Land Line Now” Host Mark Reddig emceed the events of the evening. The fundraiser that the JBC group did on Friday to benefi t OOIDA’s scholarship fund and Truckers for Troops was a complete doozy. After it was over, OOIDA Life Member Don Schmidt presented two checks for $1,350 each to OOIDA’s Bill Rode of Eagle, Idaho. Sharing the stage for the presentation was America’s Trucking Sweetheart, Marcia Campbell. Marcia came from Nashville, where she does her WSM All Nighter radio show. The woman is a legend and her “trucker spotlight” has been a venue for plenty of talent. Friday night at Papa John’s featured music and poetry and even a bit of spontaneous clogging from Marcia (she does this every Saturday night at the Grand Ole Opry). OOIDA Life Member Jan McCarter’s cover of “Stripes” was a knockout with lyrics like “I don’t look good in orange and I hates stripes.” Gurl! Hold my ear-RANGS! Is Saturday the busiest day at MATS or the day it starts winding up? If you ask me, it’s the day you slow down on business seminars and press conferences but step up the hobnobbing with members and

catching up with old friends. After the show closes at 4 p.m., the action hits another gear in the parking lot at Papa John’s. Cold, damp, who cares? Barbecue contest, silent auction, fun events hosted by trucker charity groups like Truckers United for Charities, Just Because, Trucker Charity, Operation Roger and JRB Memorial Fund. Friends, good food, music – how do you beat that? Have you seen Tony Justice’s new CD “Apple Pie and Moonshine” in truck stops? Tony is a driver for Everhart Transportation and OOIDA member from Dandridge, Tenn. He and his fi rst-rate band put on an energetic show sponsored by OOIDA Saturday night in Papa John’s parking lot. The sight of truckers dancing in the misty rain in front of the covered stage was surreal. The guy was an absolute hit. So OOIDA members and early fans of Tony’s like Kari and Lee Fisher, Kim and Don Schmidt get to tell us “I told you so.”

Who’s your papa?

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get to tell us “I told you so.”

A generous donation to OOIDA’s Truckers for Troops and scholarship fund. Marcia Campbell, Life Member Bill Rode, Life Member Don Schmidt and “Land Line Now” Host Mark Reddig at Friday night’s check presentation.

OOIDA member, Tennessee truck driver and topnotch entertainer Tony Justice put on a great show Saturday night at Papa John’s.

OOIDA Life Member Jan McCarter rockin’ it.


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Who’s your papa?


Protect yourself with OOIDA’s Voluntary GroupShort Term Disability Plan.

Guaranteed issue! New members have 60 days from theirmembership effective date to enroll for this benefit – regardless of medicalhistory. This plan will only be available for existing members during theannual open enrollment period, January and February of each year.

• 24-hour coverage for sickness or injury.

• A choice of a 30-day or 60-day waiting period beforebenefits are payable, and a choice of a $400 or $500weekly benefit* if you are under age 70. You will receive 50%of the maximum weekly benefit if you are between 70 and 75. (*This plan will offset with other plans.)

• Maximum issue age is 60, coverage to age 75.

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• $25,000 Accidental Death Benefit.

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STD 4/16/13 3:34 PM Page 1


driver appreciation lunch at MATS. TravelCenters’ President and CEO Tom O’Brien announced the competition last year at MATS, and in a video played at the lunch he said the competition will be an annual event. Collectively, the 88 nominees have logged more than 100 million accident-free miles. They included a number of Trucker Buddy participants, a Highway Angel of the Year, a Highway Hero fi nalist, volunteer fi refi ghters, former police offi cers, volunteers in a wide array of community endeavors and at least one member of his town’s city council. O’Brien said The Citizen Driver Award is designed to help dispel the stereotypes many outside the trucking industry hold about truckers. Drivers not only keep America moving, but also serve their communities at many levels. Truckers and those who work in other aspects of the industry know that. Now it’s time to educate others. “The professional and personal standards held by this year’s Citizen Driver Award recipients are the same standards held by thousands of fellow professional drivers across this nation,” O’Brien said. “We are looking forward to awarding Citizen Driver status to as many of these fi ne individuals as we can for years to come.”these fi ne individuals as we can for years to come.”

From Page 57


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Trucker food kitchens: a MATS traditionSeveral nonprofi t all-volunteer trucker organizations served up hot food all week in exchange for donations at tents and mess halls set up at Papa John’s parking lot. Here’s OOIDA Life Member John LaHue and OOIDA Member Jamie Bradley with a plate of goodies.

Truckers have a ‘story to tell’OOIDA Senior Member Scott Grenerth of Arlington, Ohio, and OOIDA’s Media Affairs Director Norita Taylor at the launch of Trucking Moves America Forward. More about the movement on Page 52.



There was only one thing to do with the new, one-of-a-kind Western Star designed by fans of the iconic truck maker, and that was to present it to OOIDA to use as the Association’s new tour truck. Decked out in a retro red-white-and-blue paint scheme, OOIDA’s new tour truck will be hard to miss when it makes the rounds at truck stops and events around the country. Western Star Marketing Segment Manager Guy Lemieux handed off the keys to OOIDA Executive Vice President Todd Spencer and Spirit of the American Trucker driver Jon Osburn on Friday,

March 28, at the Western Star exhibit at the Mid-America Trucking Show. Western Star’s “Design Our Star Project” was a unique interactive concept because the fans called the shots on social media for what the truck would look like. Hint: It’s got the biggest of everything available from the engine to the sleeper. Jon will certainly be riding in style for the next two years. Keep an eye on the tour schedule in Land Line Magazine and on the Web and make sure you stop and see this truck in all its glory.

Meet the new ride

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Western Star’s Guy Lemieux presents the ceremonial key to OOIDA Executive Vice President Todd Spencer, and OOIDA tour truck driver Jon Osburn.

sure you stop and see this truck in all its glory.


When it comes to trucks, the way it drives, the way it works, the way it holds up to the task at hand is all critical. How it looks is also high on the list. That’s why Western Star Truck Sales came up with a Design Our Star project, handing the power to Western Star fans to vote on what went into Western Star’s 2014 show truck. It was unveiled at MATS – a red, white and blue Western Star 4900EX, ultra-high sleeper with a maple red premium interior, Detroit DD16 engine, 18-speed manual transmission and ‘70s paint job. Then the big moment: Western Star’s Guy Lemieux announced the company was giving the truck to OOIDA for 24 months. On Saturday night, the truck rolled out of the glitzy Western Star booth where it was sitting beside Optimus Prime (yes, the Transformer truck). With Jon behind the wheel, it cruised over to Papa John’s parking lot. I like the way “Land Line Now” Host Mark Reddig described its arrival. “Tony Justice had just finished a rockin’ good song and here comes Jon in the new Western Star, lights blazing, right up beside the stage. Jon gave two blasts of the air horn and the crowd went wild. That entry couldn’t have been more exciting had it been totally planned, which it wasn’t.” Sunday morning Jon headed back to OOIDA headquarters with me riding shotgun. When we rolled north out of Louisville, the truck had 1,020 miles on it. It’s a joy to ride in. I really liked the seats and all the adjustments. I am only 5 feet tall, and

Riding shotgun in OOIDA’s new Western Star

Come on, Jon, let’s roll.


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Meet the new ride


with Sassi on my lap just some fine-tuning and we were totally comfy. Note: The seat belts were awesome and did not choke me. The dash is a veritable cockpit. The door lock buttons sit on top of a well-upholstered door, and when we stopped for fuel Sassi locked Jon out. Fortunately for him, she locked me in. The truck was so quiet, we could hear the

bugs hit the windshield. Well, the big bugs at least. Incredibly cool truck.

Jon “I am the captain” Osburn

Incredibly cool truck.

Shell supports safe driversShell Rotella recognizes the commitment it takes to operate a truck safely every day. As part of that recognition, Shell Rotella sponsors the OOIDA Safe Driving award program. The program recognizes and rewards OOIDA members for their safe, preventable accident-free years while operating a commercial vehicle. Dave Waterman, channel marketing manager for Shell Rotella, presented the $5,000 check to OOIDA Board of Directors Treasurer Bill Rode – who was also recently recognized for 45 years of safe driving – a nd OOIDA Executive Vice President Todd Spencer. (Photo by Jami Jones)

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OOIDA Member Clinton Blackburn always wondered

what kind of man he was. On March 12, he found out when he saved a man’s life. Blackburn, 44, a 15-year veteran of over-the-road trucking, hauls oil and other automotive products for Apollo Oil in Winchester, Ky. On March 12, he was eastbound driving back from Madisonville on the Bluegrass Parkway near mile marker 15 in Nelson County when he observed a Spencer County Sheriff’s cruiser, driven by jailer Darrell Herndon in the westbound lane, lurch toward the median and stop. “About the time I got up to where he was at, he flung his driver’s door open. And when I looked, I could see the prisoner, leaning through that glass over the seat,” Blackburn said in a phone interview with Land Line. “He had (Herndon) in a chokehold. I hit the brakes and shot it off the side of the road.” Blackburn said he had to dash about 50 yards from where his rig stopped, to where the struggle was taking place. By the time he got there, the juvenile prisoner was all the way through the window and was still choking the deputy, whose seat belt kept him trapped in the seat. “(Herndon) was already just about gone when I got there,” he said. “He sputtered out, ‘Help me’ and I just said, ‘Brother, hang on. I’m here to help.’”

The scuffle between Blackburn and the prisoner took place around the jailer and through the driver’s side door. While struggling to free Herndon from the chokehold, Blackburn said the prisoner went for the jailer’s gun and got it out of the holster. “If he’d shot, he could’ve got both of us with one shot,” he said. “It would’ve went through the officer’s gut on into mine.” Once he saw the gun was out of the holster, Blackburn said he did the only thing he could think to do: Grab the barrel and point it into the car’s dashboard. “He was hollering, ‘I’m gonna kill you! I’m gonna kill you both!’” he said. “I grabbed the gun away from the jailer’s side and when I did I kind of pulled it up in front of me with

my right arm. I realized I needed to do something. I grabbed the barrel with my left hand and pushed it toward the dash so if he did fire, it was going to go in the dashboard.” In the struggle, the jailer managed to release his seat belt and roll out of the vehicle, giving Blackburn more room to maneuver. “He was trying to push the gun back on me and I realized if I could twist the gun around back to him, I could break his fingers,” he said. “He had no choice but to let go, and when he let go I grabbed the gun and drawed it up on him. He throwed his hands back and said, ‘I quit! I quit! I give up!’” Blackburn said he began to back his way out of the vehicle. He said Herndon was beginning to come to his senses. But the prisoner made

HERO ON THE HIGHWAY

‘Brother, hang on. I’m here to help.’ OOIDA member thwarts prisoner’s escape attempt in Kentucky

OOIDA Member Clinton Blackburn


one more desperate attempt to flee. Realizing the keys were still in the car, the teen tried to start the car and drive away, but Blackburn and Herndon subdued him. At that point, Blackburn said, “My adrenaline was starting to back off.” “Hell, I was shaking like a leaf in a hurricane,” he said, describing his reaction as he handed the gun back to Herndon. “We hugged and he thanked me. He told me if there’s anything ever in this world that he could do for me, he would do it, just call him. I told him: ‘Brother, there ain’t but one thing we’re gonna do when all this is said and done. You and me’s gonna get together and we gonna go have a steak dinner and, by golly, I’m buying it.’” Herndon had been transporting the juvenile detainee from Spencer County to a holding facility in Elizabethtown, roughly 50 miles southwest. Blackburn said the jailer told him the prisoner had been

complaining of pains before he attacked him. “From what I understand, the boy kept going on about something hurting,” he said. “He was wanting (Herndon) to stop. The jailer opened the glass to tell him he couldn’t stop, but before he knew it, the boy was coming through that glass on him. He had cuffs on, but he’d worked his way out of them.” Herndon’s colleagues in the Spencer County Sheriff’s Department said they are equally grateful for Blackburn’s intervention. “It’s our belief that that man is a hero,” Maj. Carl Reesor said

in a phone interview with Land Line. “The total gratitude of our department goes out to him. That’s not an action you see every day. And thank God that we have people like him and citizens that get involved and would help an officer like that.” But Blackburn has his own ideas about who the real heroes are. “I’m just an old country boy,” he said. “The men and women out here who’ve got the badges, wearing the uniforms, driving the fire trucks and ambulances, fighting the wars – they’re the heroes. They do it every single day.

“I’m just an old country boy. The men and women out here who’ve got the badges, wearing the uniforms, driving the fire trucks and ambulances, fighting the wars – they’re the heroes. They do it every single day.” – OOIDA Member Clinton Blackburn





June 6, 2014, marks the 70th anniversary of the D-Day invasion of Nazi-occupied Europe. The toll in blood and suffering was immense, but

the long-awaited attack by American and British troops cracked Hitler’s “Fortress Europe,” and within days Allied troops were surging westward. And right there with them were the convoy drivers, bringing “bullets, beans and bandages” from the French coast to the front lines. America’s economic might – its ability to turn out huge quantities of supplies and to deliver them via ship and then trucks – was the Allies’ true secret weapon. That weapon began firing in earnest on D-Day +11, when the first elements of the U.S. Army’s 514th Quartermaster Truck Regiment debarked from landing craft and headed inland to connect with Allied troops. At that time, many of the driver-soldiers in the Quartermaster Corps were African-Americans, according to the Center Of Military History United States Army. For nearly two months after D-Day, the Allies tried desperately to crack the Nazi resistance. The breakthrough finally happened in August 1944, and the First and Third Armies swept eastward in a virtual khaki tsunami. The sudden breakthrough and speed of the Allied advance caught the Army flatfooted. It simply wasn’t ready yet to implement its formal logistics plan. In order to supply the troops and not slow the advance, the Army Transportation Corps improvised the now legendary Red Ball Express, which began running on Aug. 25, 1944. Running along two one-way highways placarded “Red Ball Trucks Only,” the convoys carried some 412,193 tons of supplies and logged a total of 121,873,929 ton-miles between Aug. 25 and its official end on Nov. 13, 1944. The original route ran from Saint-Lo to Paris and back, and was later extended to Sommesous, Reims and Hirson. On an average day, 899 trucks were on the route making the 54-hour roundtrip to Paris and back. A few years ago, I was privileged to interview several Red Ball drivers from Cleveland, Ohio, who had trained and served together in the 514th Regiment. Like the soldiers who stormed Normandy, the drivers trained endlessly for their

TRUCKING HISTORY

D-Day’s ‘Road Warriors’

part and endured the same interminable waiting and uncertainty. Marvin Hall told me that crossing the English Channel a few days after D-Day was “a short but a sickly ride. Landing that first night, it was just touch and feel your way along. There were German planes flying around and strafing, and we were carrying gasoline cans and ammunition, so I was pretty scared.” Ph

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With the invasion less than two weeks old at that point, Fred Newton was shocked to see “dead men stacked up like cord wood” and even some corpses still floating in the water. As the troops struggled to advance, the convoys ran continuously, using shielded headlights they called “cateyes” at night. And when Patton’s Third Army did break through, the Clevelanders quickly boarded the Red Ball. “Red Ball” was railroad lingo for hot freight, and the timetables ensured virtually continuous operation. The goal was for drivers to maintain a 25 mph speed. Broken-down trucks were shoved out of the way to await recovery and repair. “You felt everything you drove over,” Hall recalled. “Those trucks weren’t cushioned at all, and it wasn’t like you were driving on a highway. The roads were rough, pitted and cratered, and the Army engineers were always out there fixing them.”

Indeed, just as today’s trucking needs a reliable support infrastructure, the Red Ball drivers depended on the Army engineers, Medical Corps, MPs, Signal Corps and repair units to stay on schedule – and on the road. The Army Transportation Center says about 3,000 trucks from 67 different companies were pressed

into Red Ball service, with more than 25,000 soldiers participating. In their first month, Red Ball drivers delivered more than 290,000 tons of supplies. Gen. Dwight D. Eisenhower summed up the achievement: “When one looks back on those amazing days, it seems well nigh incredible that at no period, up until the time we stood on the threshold of Germany, was the momentum of the drive retarded through lack of essential supplies. “The spectacular nature of the advance was due in as great measure to the men who drive the Red Ball trucks as to those who drove the tanks.” LL

In order to supply the troops and not slow the advance, the Army

Transportation Corps improvised the now legendary Red Ball Express, which

began running on Aug. 25, 1944.




Stop me if you’ve heard this before. ’Twas a dark and stormy night, and an unsuspecting motorist is menaced by an “antisocial bully

driving an 18-wheel death wagon.” Sounds a lot like the plot for “Duel,” Steven Spielberg’s 1971 film in which Dennis Weaver is stalked by a mysterious trucker. While originally a made-for-TV feature, the film’s success prompted a theatrical release. The plot devices were so effective, Spielberg would go on to crib them for his landmark blockbuster “Jaws” in 1975. While “Duel” went on to become a commercial success and launch the career of one of Hollywood’s most famous directors, it also did for the public perception of truck drivers what “Jaws” did for Great White sharks – turned them into objects of fear and derision. However, the scenario I’ve laid out isn’t expressly from “Duel,” but rather

comes to us from a March 4 column in The Ashville Citizen-Times, under the byline of columnist/aspiring novelist Ted Alexander. Alexander details a recent encounter he had on an icy stretch of North Carolina highway, with what he describes as “an outlaw who balanced his life on the edge of a razor.” Although he doesn’t specify a date or location of the incident, Alexander says he was attempting to pass other vehicles in freezing rain conditions late one night, when “a rapidly approaching 18-wheeler” appeared in his rear view mirror. Despite hitting speeds of 75 mph on those icy roads, Alexander said he was unable move to the right lane for some time, drawing the ire of the trucker, who, according to Alexander, executes the “Duel” sequence of speeding around his vehicle and then slowing down almost to a crawl, and refusing to allow him to pass. Alexander said he eventually pulled

over and tried to call 911, but couldn’t get a connection. Then things start to get really weird. About a half-hour after the initial encounter, Alexander’s back to driving down the road, when he sees the same trucker exiting to a truck stop. He decides to follow the guy into the parking lot “to get close enough to see what the driver looked like and write down his plate number.” His description of the driver, “a rotund little man – an attack muffin; the Wizard of Oz in a baseball cap, quilted vest and plaid shirt,”– reads like something straight out of central casting for the part of “Truck Driver.” Alexander then recounts how this “attack muffin” starts savagely kicking the tires of his own trailer, before he looks up and makes eye-contact with the author. After the driver bellows and starts walking toward him with a wrench, Alexander makes tracks. He then concludes his tale with a warning that this blood-lusting trucker is still on the prowl. When I first read it, I had more than a few questions, so I reached out to Alexander at the email address provided with his article. He’s yet to respond to my request. There are bad actors and bad drivers out there, in both cars and semis. But in that spirit of giving the other side a chance to be heard, I present to you a little “creative nonfiction” of my own – Mr. Alexander’s encounter, told from the truck driver’s perspective.

The other side of the story might have been …It was 10 o’clock at night. The temperature was holding steady at the freeze line, and the rain was turning to sleet. I was making my way through the

COMMENTARY

‘Semi terrified’? How about ‘Hell on Four Wheels’ instead …


Blue Ridge in North Carolina, trying to find a place to park before I hit my 11 hours for the day. Luckily, I know there’s a little truck stop not more than an hour up the road, and with the weather turning bad, it’s liable to be pretty crowded on a night like tonight. Knew I had to find a safe place to get to, and soon. Since I don’t have an APU, I can only idle for five minutes every hour to keep my sleeper warm. Gonna be a cold night when I finally get to stop. Fortunately, the roads haven’t gotten bad yet and I’m able to drive the speed limit. But I guess the mere mention of looming weather has a lot of folks out here driving scared. I’m trying to pass a few slow-moving four-wheelers, when one of them suddenly cut right in front of me in the left-hand lane. I flashed my high beams to let him know I was coming up behind him, because it seemed obvious to me he

didn’t look too close before changing lanes. So here we are, in less than ideal driving conditions, with a gaggle of slow-moving geese hemming me in on the right, and a wannabe Dale Jr. directly ahead of me. So this four-wheeler pulls into the passing lane, and now he won’t get back over. He’s just sitting in the left lane slowing me and everyone behind me down. We’re barely matching pace with the cars in the right-hand lane. Now I’m stuck playing the world’s worst game of Follow-The-Leader. First he’s slowing down, now he’s speeding up. Still doesn’t get over.After a few miles of this chicken dance, I drop back behind him, flash my lights

and hit the air horn, hoping he’ll pick up the pace and break us free from this bottleneck. Finally, the driver makes a move to the right lane. I’m able to build up enough steam to pass him, but almost immediately have to slow down because the road conditions are worsening. The speedometer drops to 50, then 40, then 30. I glanced in my mirrors and saw Hot Wheels pull over to the side of the road. Conditions must have been too much for him. About a half hour later, I’ve finally made my exit. I saw the white lights of the truck stop and pulled into the fuel island. I get out to do a walk-around and check my truck and trailer. The


It didn’t look like the truck stop had any parking spaces left, and I was right up against my hours, so I started venting, kicking the hell out of my tires.

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OOIDA Member John LaHue of Alvaredo, Texas, got a comfy night’s sleep thanks to the Association’s discounts. He received a hotel discount after the receptionist saw him drive up in his truck and asked if he was an OOIDA member. Find out what your card can do for you by calling 800-444-5791.

OOIDA Member John LaHuegot a comfy night’s sleep thanks to the Association’s discounts. He received a hotel discount after the receptionist saw him drive up in his truck and asked if he was an OOIDA member. Find out what your card can do for you by calling 800-444-5791.

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Safe Driving Award Recipients

Member Years Jack Tanner .................................... 2E. Jason Paar ................................. 3Evelyn R. Donahue ......................... 5Kaylynn Edwards ............................ 7Garfield Harper Jr. .......................... 9David D. Ingersoll .......................... 9Lloyd A. Blackman Sr. .................... 11Harry Fleck .................................... 12James A. Mitrano ........................... 13David J. Edwards ........................... 14Leonard Johnson ............................ 15Mark Andrew Donaldson ................ 17David W. Carr ................................ 17Richard B Donahue ........................ 18Thomas T. Madden ......................... 19Lawrence L. Gerhart ....................... 19Jack Eberly .................................... 21Michael P. Caswell ......................... 21Charles E. Winborn ........................ 22Harry J. Davis ................................ 22Rick R. Klatt ................................... 24Donald W. Wolford Jr. .................... 25Alan D. Asbridge ............................ 26Stan Hamby ................................... 28Joseph Velasquez .......................... 30Dennis L. Johnson ......................... 32Richard R. Spears .......................... 33William H. Newlin .......................... 42Lonnie L. Byers .............................. 44Sponsored by

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click on Benefits & Services.MAY 2014 LAND LINE 73

PodPadPodPad LLC is offering its wireless mobile scanner to OOIDA members at a 30 percent discount. The device allows you to scan and send documents with a cellphone or computer. Member price is $175 plus shipping and handling charges.

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Hotels4Truckers helps OOIDA members save 10-20 percent off the best available rate on hotel lodging. Hotels4Truckers is the only service helping truckers find hotels that can accommodate 75-foot-long tractor trailers. There are 2,000 hotels to choose from. Contact Trinette at 800-444-5791 for the promo code, then visit hotels4truckers.com to sign up for your free one-year membership.


TRUCKING ESSENTIALS

By Paul Abelson, senior technical editor

W hy are we hearing so much about fifth wheel separations lately? For

years – make that generations – fifth wheels have been among the most reliable, dependable and virtually indestructible components on trucks. Back in the 1980s, a famous picture appeared in many trucking magazines. It showed a tractor that had crashed through a bridge guard rail and was hanging in mid-air, suspended only by its fifth wheel and the trailer’s kingpin. Today, with the Internet, the picture would have “gone viral.” Since then, metallurgy and manufacturing practices have improved. Counterfeit fasteners that plagued transportation in the ’80s and ’90s have all but disappeared. So what has caused these recent separations? Fifth wheels have become so good they have become the most neglected equipment on trucks. But a confluence of forces, taken

together, seems to be creating new problems. They involve the desire for better fuel economy, environmental considerations, improved engine design and manufacture and, most recently, severe weather. Connecting to the trailer has become a process done by memory, not by checklist. Unless you drive for a slip-seat fleet that might have all three manufacturers’ fifth wheels, not to mention a variety of models, you should be completely familiar with your equipment and the way it feels. That’s when the other forces start to come into play. Hooking up has become more difficult. On the rare occasions that fifth wheels do not properly lock around kingpins, the mechanical reasons may involve poor lubrication or damaged components. Often, these can be detected before the trip begins. That involves a visual inspection. But it is becoming increasingly difficult to perform one.

Fewer and fewer drivers do visual inspection under their trucks. The vast majority rely on the “tug test.” But a kingpin can ride over the fifth wheel top plate and drop in front of it. The trailer’s upper coupler plate can then rest on the top plate, obstructing the view from the rear. During the tug test, the trailer will offer resistance and the driver will think the combination is connected securely. In most cases, this error is discovered as soon as the driver attempts to turn, often with damage to other tractor components. The proper procedures for fifth wheel coupling and uncoupling are well known, spelled out, and illustrated in the Technology and Maintenance Council’s Recommended Practice RP653. Each manufacturer has training materials and videos on its Internet pages. The process starts before the fifth wheel makes contact with the trailer. Once the fifth wheel is under the trailer, opportunities for error increase. Aerodynamic skirts are a major

Too good to fail?The technological

improvements to fifth wheels have led to a false sense of

security, and a recent rash of truck-trailer separations.



Close watch of trucking-related news appears to have revealed an uptick in fatality accidents involving detached trailers in both the United States and Canada in the last 12 months. On Feb. 7 in Halifax, Nova Scotia, a dry van container detached from its rig and slammed into the front of a van that was traveling behind the trucker, killing the van driver. On Jan. 24 in Stonelick Township, Ohio, two people were killed on U.S. Highway 50 after a trailer detached from the power unit and slid left of the center lane, striking two separate vehicles. The drivers of both vehicles that hit the trailer, 43-year-old Michael Brown and 39-year-old Shawn Wilson, were killed. On Dec. 6, 2013, a New Jersey man was killed after a lowboy trailer detached in the westbound lanes of I-280 at Parsippany-Troy Hills

Township. The victim was Steven Peltz, 51, of Mount Olive. The cause of the detachment in all three of those crashes remains under investigation. In June of 2013, seven people died as a result of a crash with a runaway trailer in Cortland County, N.Y. Investigators blamed “mechanical failure” of the fifth wheel hitch for allowing a trailer full of salvaged cars to disconnect from a power unit. The unattached trailer then swung over into the oncoming traffic lane, where it collided with a minivan. The driver of the minivan, 24-year-old Carino Vanorden and his fiancee, Lena Beckwith, 21, of DeRuyter, N.Y., were killed. Also killed were Teresa Bush, 26, and her two daughters, Alexis Bush, 4, and Jasmine Bush, 5. Alyssa Mead, 7, and Tyler Mead, 4, were also killed. Shawn Mead, their father, survived. The Bush family and the Mead family were from Cortland. LL

problem. They obstruct vision and access, often making it impossible to perform required visual and manual checks, especially in the harsh winter conditions recently experienced. Extreme cold affects the ability of the grease to lubricate locking mechanisms. Lubes harden when cold, making opening and closing difficult. Partially closed jaws won’t lock. A rig that passed the tug test may be miles down the road when the jaws work open. Too much grease on the top plate can be squeezed out to drop on the ground, becoming an environmental hazard. Some extra grease is necessary so that some falls onto the locking/opening mechanism to lubricate it. Too much grease also holds grime and grit. Instead of lubricating, it can actually abrade upper couplers, top plates and actuating mechanisms. During snow removal operations, grease may

In the news





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pick up corrosive chemicals. Just because a fifth wheel is greased, it isn’t immune from corrosion. Too little grease is just as bad. Without enough grease, only a small amount gets to the locking mechanism, which will stiffen and bind. Check your owner’s manual for proper greasing instruction or check the videos each maker has on its Internet site. Inadequate grease can result in stiff steering and loss of control. Some drivers use packets of fifth wheel grease available through truckstops and parts shops. When used according to directions, they work well. Clean the top plate before using the packets. Always scrape off all old grease before applying new. It’s a good idea to stay with one type of grease. Some synthetics are incompatible with petroleum greases and can cause a hard-to-remove gummy residue. To avoid lube problems, manufacturers offer top plates with high-density polyethylene (HDPE) inserts. An HDPE upper coupler assembly, the Revolver, is available in the aftermarket. Lube-free fifth wheels still need mechanisms greased or oiled according to maker’s instructions.

Every fifth wheel has position indicators, visual signals that the locking mechanism is, in fact, locked. Most are tactile, so even if your view is obstructed by fairings, you can reach in and feel if a handle is flush in its locked position. Manufacturers also have locking indicators that light up or send a signal to an indicator on the dashboard that the fifth wheel is open or closed. Because of the access problems, air-actuated fifth wheels are gaining popularity with fleets for safety reasons and among drivers because they don’t get dirty and greasy. These usually have remote locking indicators.

When trucks required preventive maintenance at 12,000 miles, fifth wheels were serviced frequently. Problems were almost unheard of. Today, with engine service at 25,000 to 30,000 miles, fifth wheels should be checked more often. Start by steam cleaning or pressure washing; then inspect and lubricate moving parts. Always check for your maker’s specific procedures. Look for bent parts, weak or broken springs and signs of corrosion. If you have your own trailer, check the kingpin for wear and alignment. All fifth wheel makers have kingpin gauges. With basic, regular maintenance and inspection, a fifth wheel can last the life of the tractor. But considering the job it has to do, it deserves and demands its regular service. LL

Fifth wheels have become so good they have become the most neglected equipment on trucks.

From Page 75

TRUCKING ESSENTIALS

Land Line used this iconic photo in an article about fifth wheels.


Goodyear Smart Fleet: Because truckers don’t like surprises

Don’t you hate it when you are out on the road and have a tire problem? Owner-operators know what that means. You’ll have to do business with the nearest place, and you never know what they are going to charge you. You’re not a big fleet so you don’t have a national account. You are at the mercy of their prices, prices that all too often seem to skyrocket for a broke-down trucker. At MATS in March, we talked to Jose Martinez, business solutions manager for Goodyear Commercial Tire Systems, who told Land Line how Goodyear was motivated to create a program for small to mid-sized trucking businesses. “The trucking industry is the industry of small business,” said Martinez, “and we know that a majority of the freight moved in this nation is moved by carriers that operate 20 or fewer trucks.” Martinez said it’s clear that these smaller fleets needed a good program. So the Goodyear Smart Fleet program is now offering the same deals you’d get with a national account to owner-operators and smaller fleets. Martinez says it’s not complicated. The idea, he says, is “no surprises.” So how much does it cost? Nothing. What strings are attached? None. And becoming a member is easy. The Goodyear Smart Fleet program includes the following features:

• AccesstopremiumGoodyear-brandedtrucktiresandtechnologies;

• Online,publishedpricingonnewtires,retreadsandservices,whichwillbehonoredbyparticipating,authorizedGoodyearcommercialtiredealerships;

• 24/7roadsideserviceprogram;• Availabilityofthesamepricingatanyparticipating

Goodyearcommercialtiredealershipnationwide;and

• Theabilitytostreamlinetheschedulingoftireandserviceworkbyprovidingrelevantinformationonline,aheadoftime.LLPh

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Goodyear’s Business Solutions Manager Jose Martinez at MATS.


Mafiasecrets

Advice from the Boss Man

Kick it on backBy Bryan Martin

I will agree the front bumper of your truck is a big deal. But let us not forget about the back end of the rig. Once you get the bumper, visor, stacks and fenders you have been dreaming of, the rear light bar is next on the agenda. Most rear frame treatments and rear bumpers are polished stainless steel, but some chrome-plated versions are available too. For those who prefer to paint or powder coat your rear light bars, aluminum or steel construction may be a better choice for you. Mounting and installation are typically not difficult. However, you will need the ability to drill the frame, and some knowledge of electrical circuits to tie in to your factory tail lamp and brake light wiring. Beyond that, general mechanical ability and standard hand tools should suffice. Let’s discuss our parts and styling options now.

Rear crossmember cover: While not available for all makes and models, you can buy stainless steel preformed covers to wrap the rear crossmember of your truck. These generally cost less than $100 and can be installed in less than an hour. It’s a quick and cost-effective way to add a li’l bling to your tail.

Lighted rear center panel: These panels are available in dozens of different light layouts to accommodate all tastes. They usually come pre-assembled with LED lights included, so all the installer is required to do is hang it and wire it. One recommendation is to purchase the rear splash panel to cover the backside of the center panel. This will keep the road trash, slush, ice and elements from building up behind the panel and deteriorating the electrical connections.

Two-piece rear flap hangers: For those who opt for the rear crossmember cover and/or lighted rear center panel, the two-piece flap hangers are the way to go. These are available in a rigid mount style, which bolts solidly and directly to the chassis. Or, most chrome shops offer a spring-loaded version that allows for some flex of the flap hanger should it get pressure applied against it. The spring-loaded version doesn’t cost a great deal more than the rigid-mount style, and typically offers a longer life expectancy.

One-piece, full-width rear light bar: This classic design never goes out of style. Pricing goes from approximately $300 and up on the imported bars. The higher-quality made-in-USA brands may get up over $600, but they offer thicker metal and more durable construction. The most popular design is the six-light option with three lights each side, but they are also available in numerous other light configurations.

T-bar rear bumper: You can get either chrome-plated or stainless steel rear T-bars. These start at under $600 each and are a little more elaborate than the standard one-piece full light bar. If your rig is equipped with full fenders, a T-bar is the perfect way to cap off the back end. Be advised: We suggest that you beef up the bracket system to make it stronger than what is supplied from the manufacturer. Our boys put steel stiffener braces inside the T-bar to minimize vibration. When appropriate, we even run a bracket from down low on the backside of the T-bar to another anchor point somewhere on the chassis.

Chrome plated T-Bar rear bumper

Stainless steel rear cross-member cover


Send your questions to Bryan Martin at 4 State Trucks, home of the Chrome Shop Mafia. You never know; in a future column he could answer your questions and share some Mafia secrets. Write the Boss Man at [email protected].


Custom T-bar: The sky is the limit on these bad boys. If you can dream it and draw it, there is a fab shop that can build it. Just check out the show trucks next time you are at a big event, and you’ll see some designs and craftsmanship that’ll make your jaw drop. It amazes me, the tedious welding, bodywork and intense amount of labor hours that some fellas put into these T-bars. Ultra cool.

Wrap up: Lastly, don’t forget the li’l items needed to trim out your project. Mud flaps, flap weights, chrome bezels for your light grommets and good quality electrical wire plugs, wire ends and heat shrink tubing to seal off the wiring connections.

In closing, let me leave you with these words of inspiration:Beautify America’s highways: Dress up your rear. Ya hear me? LL

Full custom rear T-Bar

(Top) Lighted rear center panel (middle) one-piece rear light bar (lower) two-piece lighted flap hangar



Q I have a 2007 Freightliner Columbia with a 14 liter Series 60 DDEC 5. It has 990,127

miles on it. For about six months or so it’s been consuming a lot of oil, I mean like one and a half to two gallons every 600 miles. Do I really need an overhaul or is it something else that’s repairable?

A This question came by fax from the fuel desk at a Petro truck stop. It was signed with the

person’s first name and last initial only and didn’t include a phone number, which is unfortunate. I could not read the accompanying citation and could have used more information. So, please, if you submit a question, provide a means of getting back to you. An e-mail address, a phone number or a direct fax (not a truck stop) number will do. Also, please provide serial numbers, at least for

the truck, engine or transmission depending on your question. That helps in tracking the component’s maintenance history and any recalls. Now, on to the question. It is almost impossible to diagnose a problem without getting detailed information. You obviously have a major problem. Up to two gallons of oil is a lot to top off every 10,000 to 20,000 miles, let alone every 600. It reminds me of the old Detroit 8V71 engines, called “318s” for the horsepower they produced. You never changed oil, just added a quart or more every day or two. You have a leak somewhere in your system. It could be internal, such as from broken valve guides or broken piston rings, or external from a damaged oil seal or a cracked hose to your oil cooler. An external leak would have shown obvious signs, like oil pooling beneath the truck or streaks of oil running down the transmission. My guess is that it’s internal, allowing oil into cylinders and combustion

chambers where it is burned and runs out the exhaust. Has your truck been spewing a lot of blue smoke lately? That’s a sign of burning oil. Burning oil creates abrasives: soot and ash. They wear rings, cylinder walls, valves and if they circulate with the oil, valve guides. They will also wear cams, bearings and valve gear. So, to answer your question about an overhaul, yes, you really need one. Since this has been going on for at least six months – more likely eight before we get to press – I recommend a remanufactured engine. You have too many variables to just redo cylinders and valves, replace obviously worn parts, and get a 90-day warranty. A re-man will perform like new and give you up to three years of warranty.

Q I have owned seven semis, but never with a Detroit Series 60 engine. I bought a 2000 VNL

610 with 1.2 million miles. I had a complete rebuild about 400,000 miles ago. The last couple of months I started adding almost a gallon of antifreeze each month. The last oil change at Speedco showed no glycol contamination. If there are no visible antifreeze leaks and the oil analysis comes out OK, what is the acceptable amount to add before being concerned? Also, what is the usual suspect in a Detroit Series 60? How do you feel about block/head sealers, etc.? This is a 12.7 liter, 500 horsepower.

A Since your oil analysis (my compliments for having it done) shows no glycol in the oil, my

first guess is that somehow coolant is entering the combustion chamber, being burned, and going out with the exhaust. It has none of the EPA-required emissions aftertreatment that would trap coolant and clog or alter any emissions control devices. Just to be sure, I contacted my friend Chuck Blake, a TMC Silver Spark Plug awardee who is one of the foremost experts on Series 60 engines. Blake suggested several possibilities. The first is to check the radiator cap. Springs lose compression strength rather quickly, and cheap imported 15-psi caps may hold only a fraction of their rated pressure or none at all. A bad cap will allow excessive coolant out the overflow.

Fighting fluid loss

MAINTENANCEQ&A Paul Abelson SENIOR TECHNICAL EDITOR

You have a leak somewhere in your system. It could be internal, such as from broken valve guides or broken piston rings, or external from a damaged oil seal or a cracked hose to your oil cooler.


DO YOU HAVE A MAINTENANCE QUESTION?

Send your question to Paul Abelson, senior technical editor, in care of Land Line Magazine, PO Box 1000, Grain Valley, MO 64029; email them to [email protected] or fax questions to 630-983-7678. Please mark your message Attention: Maintenance Q&A. Although we won’t be able to publish an answer to all questions in Land Line, we will answer as many as possible.

When checking, also pressure-check the cooling system. “In any case, start with a pressure check with the cooling system warm,” Blake advised. “It could be as simple as a weeping heater core at that many miles.” You may have a weak head gasket that is allowing coolant to pass into the cylinder head. An alternative is that the coolant is being pressurized to the point of weeping out the overflow but not enough to reverse the flow back into the cylinder during off-time, leaving no trace in the oil. Before getting a new head gasket, you need to check cylinder liner heights, Blake recommended. You mentioned a rebuild about 400,000 miles ago. You should have had head bolts re torqued at 250,000 miles after a rebuild. Was it done? It’s hard to say what is a reasonable loss of coolant, but Blake feels that more than a gallon in 50,000 miles is cause for concern. As for the products for plugging coolant leaks, they temporarily stop the symptoms but do nothing to correct the cause. They can also cause other problems by plugging coolant flow. LL


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When it comes to naming the tools no trucker should be without, a road map is surely one

of the most indispensable. And for drivers who are considering branching out or starting their own businesses, a business plan can serve a similar function. In a recent webinar, the OOIDA Foundation encouraged truckers to think of a business plan as a map for the future of your business, to help you evaluate whether your business is staying on course. The business plan is a blueprint of how you anticipate and expect your business to perform,” the Foundation stated. “While there are many good outlines, the business plan should primarily be tailored by you to your specific needs and goals.” The plan can also be a useful tool for acquiring financing or start-up capital from a bank or other lending institution. OOIDA also recommends that it be one of the necessary first steps for drivers who want to get their own authority and be their own bosses.

Mapping out your futureUnderstanding the industry is the first step toward becoming successful at the business. Being your own boss and having your own authority brings a significant amount of paperwork and other office-type work not necessarily associated with being a strictly “over the road” driver, the Foundation cautions.

Rather than trying to be all things to all people, the Foundation encourages prospective trucking entrepreneurs to look for a niche market or specialized service they can provide. That sentiment was echoed by Michele Markey, vice president of the Ewing Marion Kauffman Foundation’s FastTrac program in Kansas City, Mo. The FastTrac program provides support services to existing and aspiring entrepreneurs. “Sometimes we’ll say to entrepreneurs or would-be entrepreneurs, ‘Well who is your market?’ and they’ll say ‘Everybody,’” she told Land Line. “And we think it’s not everybody. Even if you have something that’s widely appealing, you cannot be all things to all people. You’ve got to figure out where you want to play in that market. Where can you be most competitive?” If you can identify that, and segment your market in such a way that lets you target a specific need, Markey says those owners will be far more successful. Both Markey and the Foundation stress the importance of doing research when putting together a business plan. The research strategy can be simplified to three key elements:

� Analyze the market you’re entering� Analyze the cost of doing business� Analyze the competition

“Is this a viable product or, in this case, a viable market?” Markey said. “Can you make money

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doing it? If what people do is go out and get all sorts of designations or certifications or whatever it might be, the expense of startup is too great, and that will end up sinking some entrepreneurs. So identify where you want to be and manage those costs at the very beginning.” When considering profit-to-loss margins, Markey said those decisions vary based on the individual. “I was talking with an entrepreneur, who is in a completely different field, and he knows he’s not going to be profitable for six years,” she said. “He’s OK with that because he has a spouse who is working and he wants to be methodical in his startup. Not everybody has that luxury. It is on a case-by-case basis that the math has to work. If I’m the primary breadwinner, I’ve got to figure out how to control my costs and at the same time make a strong play in a market so I can maximize my effort.”

Fear of financials?In her experience as a small-business owner and now as a consultant to others looking to become entrepreneurs, Markey said she’s encountered “a fear of financials.” “A lot of people will say ‘I don’t understand that, or I don’t get it,’ and so they ignore the financial side,” she said. “Entrepreneurs serve themselves well by at least becoming

“Even if you have something that’s widely appealing, you cannot be all things to all people. You’ve got to figure out where you want to play in that market. Where can you be most competitive?”

– Michele Markey, Kauffman Foundation FastTrac Program


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Battle of the breach

By Peggy Bendel, special to Land Line

Have you found out a data breach could put your personal information into the wrong hands? You’re not alone. Some say that having your data

breached is the new normal. Senate hearings early this year addressed this very subject, so we can expect legislation intended to make us safer. Meanwhile, if you’ve been notified of a data breach, don’t panic. It’s not identity theft. It is, though, a situation where key information such as your Social Security number, date of birth, driver’s license ID, account numbers, PINs, and/or passwords may no longer be protected from the bad people who want to steal your identity. So do what you can to protect yourself. Check your financial records daily and look for small transactions. Thieves test an account before they sell it to someone who will rob you on a bigger scale. If you haven’t done so already, sign up for online access to credit, bank, and investment accounts so you can spot any suspicious actions right away and report them. Don’t wait for monthly statements to arrive because they leave too much time for damage to be done before you notice it. It’s reassuring that payment brands such as American Express, Visa, and MasterCard have become aware of fraud patterns and will probably find the offending charge and remove it before you detect it. Still, there’s no substitute for your own eagle eye. If the data breach involves a credit card, close the

compromised account and open a new one with a new number (the company may proactively do this for you). Change the PINs and passwords on all your accounts, including those for online vendors you patronize. You should use a unique PIN and password for each account. If a health care provider or retail company has notified you of a data breach, expect to be offered, at no charge, one year of identity protection from a monitoring service. This is considered standard practice. Follow the instructions in the notice, and sign up right away. But don’t stop there. Be smart and cancel debit cards (sometimes labeled check cards). Otherwise, your bank account can be emptied in an instant. If a bank or other financial institution has sent you a debit card to use at the ATM machine, destroy the debit card (which requires a simple swipe for a transaction) and insist the institution issue you an ATM card (which requires a PIN) instead. Order a free credit report. You’re entitled to do this once a year from each of the three credit agencies, so if you order a report every four months from one of the agencies in rotation, you can cover a full 12 months with regular

inspections. Be sure to do this from the federally approved official site (see “Essential Data Breach Links” below), not one of the bogus “free credit report” online sites. If you see something suspicious on the report, notify the agency right away. Also protect yourself by placing a fraud alert with one of the three credit agencies (tell one agency, and the other two will automatically be notified). The federal Fair Credit Reporting Act lets you place an initial fraud alert, without charge after a data breach notice, for 90 days (and it can

How to handle data theft

SECURITY IN THE COMPUTER AGE

Essential data breach links

Order a free credit report: Go to www.annualcreditreport.com Or print the form at http://bit.ly/credreqform and mail it in. File a fraud alert:EQUIFAX: http://bit.ly/equifaxfraudEXPERIAN: experian.com/fraud TRANS UNION: http://bit.ly/tufraud

File a security freeze: EQUIFAX: http://bit.ly/secfreezeEXPERIAN: http://bit.ly/secfrzTRANS UNION: http://bit.ly/credfreeze

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be renewed). During this time, your credit file will be flagged so creditors will take extra steps to verify your identity before extending credit. Once you place a fraud alert, you can request a free credit report from each agency in addition to the annual report to which you are entitled. For greater protection, you can place a security freeze at each of the three credit agencies. There will probably be a fee, about $10 or less, each time. A freeze won’t affect existing accounts, but it prevents anyone from accessing your credit file unless you authorize it and ensures no thief can get a new credit card in your name. You will have to lift the freeze when you apply for a job which involves a background check, seek a mortgage, or try to rent an apartment, so there’s an inconvenience factor; also, there will be a fee for each lift. Watch out for “piggyback” attacks. Refuse to click on links or provide personal information over the phone or via email unless you check first with the source’s customer service department to make sure all is legitimate. Rule of thumb: If you didn’t initiate the query, don’t respond. Data breach or not, it’s always a good idea to shred paper with personal information on it before tossing it in the trash. This includes credit card offers you receive in the mail, and similar mailings you might get with preprinted checks or partially prefilled-in applications. If it’s too tedious to mince all that paper with a home office crosscut shredder, find out if your community sponsors a visit from a mobile shredding truck so you can bring bags and cartons full of documents and process all the paper at once. If your data is breached, an inventory of your documents will help you take action. Create this record now, and keep it in a safe place. Photocopy both sides of all your credit, debit and ATM cards, plus make a list of all your bank accounts and investments – account numbers, expiration dates and security codes. List the telephone numbers of customer service and fraud departments, just in case you need them. Think you can beat the system by going all cash? Many people have tried, but it’s impractical and inconvenient. Cash won’t help with online purchases. You can come up short in an emergency, and it can wreck your budget if you’re the type who spends money just because it’s in your pocket. Walking around with cash makes you vulnerable to losing it or getting mugged, too. It makes more sense to guard your personal information, watch your accounts, and be prepared to fight the battle of the breach. LL

By Charlie Morasch, contributing writer

Former National Security Agency contractor Edward Snowden addressed technology enthusiasts at the South by Southwest Interactive Festival by video conference in March. Love him or hate him, Snowden knows something about data security. Snowden told the crowd to encourage more mainstream use of digital encryption methods, which he said can keep personal data hidden from hackers, private companies and government agencies alike. “The bottom line is encryption does work,” Snowden said. “This is something people have to be able to interact with. And the way we interact with it right now is not that good.” Whether you’re a techie or a flip phone user, Snowden’s point about encryption is timely as more individuals and businesses move digital storage of photos, documents and other information to cloud storage. Cloud-based storage allows computer, tablet and even smartphone users to keep pictures and documents saved and backed up. The documents can be accessed remotely anywhere the user has an Internet connection, which makes document sharing handy for small businesses. Several cloud storage providers offer between 5 and 15 gigabytes of storage for free. For $1.99 monthly, subscribers can save up to 100 GB on Google Drive. Encryption adds a layer of encoding to documents to make them more difficult to hack. Setting up cloud accounts may seem like a hassle, but most computer users can testify to the benefits of backing up files. With the bedside manner of a seasoned doctor, Kansas City, Mo.-based IT professional Russ Monroe has shared plenty of bad news with computer owners after a hard drive crashes, losing years of photos or financial data. “You tell them it will cost thousands to send a hard drive off to recover information, and they get this look of disappointment,” said Monroe, who said he favors the use of

Is your information

secure in ‘the cloud’?

Small businesses and families have ever-expanding options when it comes to storing their documents, photos with cloud-based services. Here’s how to keep your data safe.

What the heck is ‘the cloud’?It’s pretty simple,

actually. The cloud is simply a metaphor

for the Internet.

Small businesses and families have ever-

If your data is breached, an inventory of your documents will help you take action. Create this record now, and keep it in a safe place.


LAND LINE 85

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By John Bendel, contributing writer

A new player is shaking things up in the world of inspection

station bypass. Drivewyze launched only two years ago and already has agreements for use in 20 states. Utah was the latest to sign up in February. By comparison PrePass, the largest bypass service provider, is used in 31 states, but PrePass has been around since 1997 and traces its origins back to the 1980s. However, Drivewyze is breaking new ground with a troubling suggestion that certain driver-specific information be used in a bypass context. It’s a small suggested step, but it crosses an important line nonetheless. So far, almost all the information used to arrive at an inspection bypass decision derives from the truck and the fleet, SAFER scores for example. It’s true that PrePass weighs driver information in the process of qualifying a fleet for participation in its program, but not in the day-to-day decisions to pull a truck in or to grant a bypass.

Drivewyze wants to change that. The company would like fleets and drivers to share data from ELDs (electronic log devices). They say use of the data could eventually result in a higher rate of bypasses for drivers in compliance. Clearly, that would set an unfortunate precedent. The primary reason that Drivewyze is spreading so quickly is probably

that it requires very little initial investment. Unlike PrePass and other systems that require infrastructure along highways, Drivewyze uses GPS, the Internet and smartphones. Drivers don’t need transponders. Because it’s way cheaper to set up, Drivewyze can be used for temporary roadside inspection sites. In any case, states have been signing up, even if they already use another

installed system. There are other differences between newcomer Drivewyze and still-dominant PrePass. For example, PrePass owns the data it uses. In the case of Drivewyze, data belongs to the individual states. The same difference has long separated PrePass from other bypass services that insist on government ownership. However, there is little practical difference according to Capt. Chris Turner of the Kansas Highway Patrol. Kansas, which has six PrePass facilities, has also deployed Drivewyze at eight locations. “We have always been able to query a driver’s history. And we always had the ability to get PrePass information. We just had to have a warrant. A judge had to sign off on the request,” Turner said. So for drivers the greatest difference between the programs is probably not who owns the data, but the requirements for joining in the first place. PrePass will not admit carriers with safety records below a certain threshold, while virtually anyone can join Drivewyze. That difference creates a wide gap in the rates of bypass that a carrier or driver will likely receive. Drivewyze predicts on its website that members can expect a green bypass light

GIZMOS AND GEARS

The changing world of

pre-clearanceDo you want to share your ELD data?

UsingdriverHOSdatasoundsharmless,butit

opensanewelectronicdoortoinformationthatrelates

nottothefleetorthetruck,buttoanindividualdriver.Experiencetellsusthat,onceopened,thatdoor

willneverclose.

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First there’s the NSA, the National Security Agency, that has been collecting information on your phone calls, among other things snatched from wires, cables and thin air. Maybe you don’t mind the NSA looking over your shoulder for the sake of national security. It’s their job to protect us, after all. But keep this in mind: Every other agency with any kind of enforcement role wants to share the same information. They’re all knocking on NSA’s door. You can bet the Drug Enforcement Administration, for example, is asking, “How much different from a terrorist is a drug kingpin?” Do you doubt that under increasing political pressure, the NSA will eventually share information, first with the DEA, then

with ATF, then with the IRS? Private companies, outfits like Google, are also gathering

information about you – what you search for, where you bank, where you shop, what you buy, who your friends are, who you email, sometimes where you are, and lots more. They know things about you you’re not aware of yourself. That information is sold to other private companies who use it to market stuff. Isn’t it amazing how the

product you looked at online a few minutes ago shows up in ads on the websites you’re looking at now? Innocent enough, maybe, but who can say it will remain innocent? In an unsettling mix of public and private sector information gathering, the Department of Homeland Security wants to contract with a private company to gather license-

plate scanning data from police departments around the country into one enormous, instantly

searchable database. We can argue over local police having this kind of technology (and many now have it), but imagine a national entity having its finger on your car or truck anywhere in the country? It’s all about finding bad guys, they say, and maybe that’s fine – at least until the bad guy turns out to be you or me. My wife’s hairdresser bought a new car, but the New Jersey dealership forgot to notify Trenton of the sale, so when local police scanned her dealer license plate along with hundreds of others at a public event, they impounded her car. And let’s not even talk about traffic light cameras and tickets written by robots. LL

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Mack Twin Y takes TWNA Tech AwardThe Mack Twin Y Air Suspension has won the 2013 Truck Writers of North America Technical Achievement Award. Mack took this year’s award over five other finalists: Allison’s TC10 automatic transmission; the Detroit DT12 automated mechanical transmission; the Eaton Fuller Advantage Series manual transmission; Innovative Trailer Design’s supercube trailer; and Truck-Lite’s modular LED

headlamp design. The first to use a Y-shaped, high-strength steel design, the Twin Y Air Suspension provides excellent handling, offers a stable ride, and is up to 403 pounds lighter than its competitors. Technical Achievement Award eligibility is based on a product’s or service’s ability to clearly exhibit technical innovation, have a wide applicability in the trucking industry, offer significant benefits, and be widely available. Complete vehicles are not eligible for the award.

Going farther, spending lessOn the eve of MATS, officials with Cummins told reporters that someone who buys a new Class 8 truck today will get an engine that’s at least 7 percent more fuel efficient than a truck purchased four years ago. And they say the new fuel efficiency can save the owner $4,000 a year. Better combustion and after treatment and better low-end torque were cited as contributing to fuel savings.

Chasing mpgsWith profit margins thinner than Audrey Hepburn, truck builders are squeezing the brainpower out of their engineers to come up with every single thing that can be done to tweak fuel-saving enhancements. Some of those tweaks are obvious; some details you

have to look for. At MATS, Kenworth, for example, showed the trucking press its T680 Advantage with 76-inch sleeper (it’s a new truck, just introduced last year) and pointed out some of the tricky new tweaks.

So there are the longer side extenders, lower cab fairing extenders for the 76-inch sleeper and front air dam. Then there are those aerodynamic mud flaps, even some optional wheel covers for drive tires. The goal is to get as much as 5 percent more fuel efficiency. At MATS, Kevin Barry, chief engineer, said the T680 would do that by May.

Celebrating an anniversaryIn honor of its 75th anniversary, Peterbilt introduced the Model 579 75th Anniversary Edition, available for order right now. Highlights of the new vehicle include bright accessories, a two-color paint design similar to the original 1939 Peterbilt (as well as the 50th anniversary edition Peterbilt), and a premium interior with exclusive logos and a unique numbered nameplate. Peterbilt also announced a new optimized drivetrain package for its aerodynamic Model 579, which brings even greater levels of fuel economy. Called APEX, the new spec option pairs the Paccar MX-13 Engine with the Fuller Advantage Automated Transmission. The combination features optimized shift calibration, weight savings and proprietary control logic between the two components.

MID-AMERICA TRUCKING SHOW 2014

MATS Reporter’s NotebookYou can tell a lot about the state of the industry, spot trends, and hear some pretty big news at the Mid-America Trucking Show. The LL staff team up to bring you the highlights of this year’s show.

The Kenworth T680

The Peterbilt 579 75th Anniversary truck

The Mack Twin Y



Alt fuels? Yep, they’re still out thereVolvo’s 2014 GHG-certified engines are exceeding fuel efficiency expectations, according to Volvo execs at MATS. Volvo’s Greenhouse Gas 2014-certified engines are providing even greater fuel efficiency than anticipated. The integrated engines are delivering up to a 3 percent fuel efficiency improvement compared with their 2013 counterparts. “We remain focused on ensuring that the ongoing phases of engine and vehicle regulations do not burden our customers, but instead create value for their operations,” said Göran Nyberg, president, Volvo Trucks North American Sales and Marketing. “Introduction of our SCR-equipped models yielded a 5 percent fuel efficiency increase, and we’re pleased to announce that our 2014 engine lineup is delivering up to an additional 3 percent savings.”

Air systems going electricalThe new technology introduced by Meritor WABCO features its System Saver 1200 Plus air dryer technology with electronic fuel-saving software stored in Meritor WABCO’s anti-lock braking system. Although mechanical air processing systems for commercial vehicles have been standard technology in North America, electronic air processing technology has been delivering higher fuel economy and lower system costs to major European OEMs and fleets, Meritor WABCO officials said. LL

Mack’s press conference at MATS this year could have been inspired by the late Pete Seeger, who wrote “If I Had a Hammer” along with a whole slew of other iconic folk songs that celebrated America’s working people. Mack’s VP of Marketing John Walsh likened the Mack truck to a hammer and said, “People want tools they can understand and relate to.” Stephen Roy, president of Mack Trucks North America, sales and marketing, announced clear new goals for its time-tested bulldog brand. Roy also told the trucking press that while Mack has enjoyed success in regional haul and vocational trucks, the truck maker is ready to expand its focus on the highway side. Roy’s forecast: Mack now has the “right product, the product support and product solutions” to expand its focus to pursuing a bigger part of the Class 8 on-highway market share in North America. Roy told the trucking press prior to MATS that Mack had worked hard to dominate vocational truck sales but hasn’t

“done the job on the highway side.” Mack’s plans to court the highway market include a focus on uptime with an “uptime command center” in

Greensboro, N.C., set to open in October. Another part of the focus is a new feature of Mack’s GuardDog Connect, which was introduced last year. GuardDog is a remote diagnostics program that sends breakdown info to Mack’s OneCall customer center. A team of technicians evaluate the fault code and identify the exact issue and repairs needed. The driver is then instructed where to take the truck. Once the truck is on-site at a dealership, a new geofencing feature on GuardDog will allow Mack to track the time on the lot and streamline the time spent during repairs. In another plan to keep trucks rolling, Roy said the company was pushing

hard toward 24/7 phone service. The Mack Center is now answering calls on behalf of 60 percent of Mack dealers after their doors close. “We now stack up against anybody,” Roy said. LL

If you had a hammer ... or a Mack truck

The Peterbilt 579 75th Anniversary truck

The Mack Pinnacle


OKLAHOMAA provision added to this year’s education funding bill, HB2642, would require ODOT to give up half of the $59.7 million each year coming from income tax collections. Instead, $29.8 million each year would go to public schools until they are receiving $600 million more per year.

RHODE ISLANDThe General Assembly approved a bill to continue the 10-cent toll on the Sakonnet River Bridge until May 15. House and Senate lawmakers voted last July to impose a 10-cent toll for all users until lawmakers could come up with “a predictable statewide funding source” for roads and bridges.

SOUTH DAKOTAGov. Dennis Daugaard signed a bill into law that address concerns about ticket cameras posted along roadways in other states. HB1122 prohibits information about South Dakota drivers from being shared for the collection of civil fines that result from camera tickets. Also signed into law is HB1100. It prohibits communities from partnering with photo ticketing companies to access necessary information to send red-light and speed camera tickets for alleged violations.

TENNESSEEA new law instructs law enforcement to steer clear of certain checkpoints. SB1485 prohibits state and local police from participating

in traffic checkpoints done by federal contractors.

UTAHGov. Gary Herbert signed a bill into law to restrict the use of equipment that allows law enforcement to track the movements of anyone nearby with a cellphone. HB128 requires police to get a search warrant before obtaining information from an electronic device. Also signed into law is a bill, SB222, allowing private companies, such as repossession companies, as well as law enforcement, to snap pictures of license plates along roadways or in parking lots and store them for as long as they like. However, state agencies couldn’t buy them from any businesses that keep them for longer than 30 days.

VIRGINIAGov. Terry McAuliffe vetoed a bill to permit drivers found in violation at photo-monitored intersections to appeal to the circuit courts. McAuliffe said he doesn’t want “cases of limited financial impact” bottlenecking the system.

WISCONSINGov. Scott Walker signed a bill to take advantage of an unexpected surplus of $83 million in the state transportation fund. AB704 increases spending by $43 million this year on 11 projects around the state. The allocation leaves the fund with a $40 million surplus at the end of two years. LL

STATEWATCH

From Page 45

For a complete rundown of state legislation, visit landlinemag.com and click on “Legislative Watch” under the “Important Info” tab. You can also visit ooida.com and click on “Introduction” under the “Issues & Actions” tab.

8Circle No. 68 on Response Card


conversational and literate on basic business financials, regardless of whether they are a truck driver, or a restaurant owner, or a consultant.” Markey said financial information provides “a picture of health” for the business. “When you go to the doctor for your physical and they check your pulse, your heart rate … they take your blood and do your cholesterol,” she said. “Stand-alone, any one number isn’t completely telling the story, but it’s when you put everything together, you can really see how healthy you are. The same is true in business financials. By looking at the different aspects of the financials, they can tell everything about their business.”

Other resourcesBoth the OOIDA Foundation and Kauffman Foundation have additional resources and information for prospective small-business owners. Additional information can be obtained through the Small Business Administration (online at sba.gov) or through US Source

Link, a nationwide network that hooks up entrepreneurs with a variety of free or low cost resources. More information about US Source Link can be found online at ussourcelink.com. Both Markey and the OOIDA Foundation recommend consulting with either a financial adviser or a tax professional to help weigh the costs and benefits of various business plans, including whether or not to operate as a sole proprietorship, limited liability company or other corporation. As part of the business plan, you should already know exactly what your insurance will cost and what types of insurance you could be required to carry depending on what operations you are considering. As a motor carrier, you are responsible for not only liability insurance, but also insurance on the cargo you’re transporting. Insurance is required in order to activate your operating authority. If you cannot afford the premiums or are uninsurable, you will not be granted operating authority. Without this authority, you can’t get loads for yourself, effectively putting you out of business. LL

Planning for succe$$From Page 83



Yes, your DOT, like many others, is probably crazy and, no, we really haven’t seen a case quite like yours before.

At Road Law, we’ve been helping commercial drivers, and the companies they drive for, for the past 20 years. And just when we thought we’d seen it all, we got a call from a driver that, even for us, was difficult to believe.

It’s not that the facts of this particular case were necessarily bizarre, but the entire case –factually, legally and procedurally – was a bit much. As this case is still pending and we’re without an end at this time, we can’t tell you that we were successful. However, this case is worth discussing here and may even be helpful to you and other drivers in the future.

Q On Jan. 26, 2013, I had a valid “Class A” driver’s

license and was driving my car in the state of Oklahoma when I was stopped by a local officer who accused me of “Speeding 80/55.” I explained that I wasn’t used to driving my car because I drove my Peterbilt most of the time. The officer didn’t seem to care and wrote me a ticket and listed my driver’s license as “Class A.” About a week later on or about Feb. 5, 2013, I received a letter from my home state Department of Transportation informing me that because I had “not properly submitted a valid medical certificate,” my Class A driver license was being downgraded to a Class D driver license.

After receiving this notice, I went to my home state DOT and provided one of the representatives with proof that I did have a valid medical certificate. The DOT representative confirmed that, in fact, I did have a valid medical certificate but I hadn’t properly submitted my certificate to the DOT to be processed. So, because of my procedural mistake, the only way to get my Class A license back was to be completely retested – i.e., on paper and in the truck. As it stands, I now have only a valid Class D license. I’m scheduled to be retested in 10 days so I can get my Class A license back. As for my ticket, I called the court and asked if I could have a “deferral” or take traffic school so I wouldn’t get a conviction of the ticket on my record. The court told me that because my ticket said that I was Class A, I couldn’t qualify for a deferral or take traffic school. I also asked the prosecutor if he would, at the very least, amend my ticket to below 15 mph over the posted speed so I wouldn’t be convicted of a “serious” traffic offense. The prosecutor told me because my ticket was marked Class A, he couldn’t amend my ticket, not even 1 mph. Now what do I do?

A. Yes, your DOT, like many others, is probably crazy

and, no, we really haven’t seen a case quite like yours before. Let’s take your problem one step at a time. First, when you received your speeding ticket (Jan. 26, 2013), you had a valid Class A license. Approximately eight days later

(Feb. 3, 2013) you received DOT notice that you now had a Class D license. Second, although you’ve fixed your medical certificate problem with your DOT, you still have only a valid Class D license. Third, in 10 days you can retest for a valid Class A license. Fourth, your ticket is in a court that has a “hard-nosed,” zero tolerance policy for all Class A drivers. Here’s what you do. First, don’t retest just yet. Keep your Class D license until your court date. On your court date, take your ticket and your valid Class D driver license with you. When your name is called, show the judge a copy of your Class A ticket and your valid Class D license. Let the judge know that although your ticket is marked Class A, you have only a Class D license and that you’d like to take an online, nationally certified, traffic school course to avoid a conviction of your speeding ticket. As most Class D drivers are allowed to take traffic school in order to prevent convictions of moving violations, you should qualify. LL

Send any questions or comments regarding transportation law to: Jeff McConnell and James Mennella, Road Law, 3441 W. Memorial, Suite 4, Oklahoma City, OK 73134; call 405-242-2030, fax 888-588-8983, or email [email protected]. This column is the opinion of the writer and does not necessarily reflect the opinions of Land Line Magazine or its publisher. Please remember everyone’s legal situation is different. Consult with an attorney for specific advice on your situation.

Truth is stranger than fiction

ROADLAW Jeff McConnell & James Mennella ATTORNEYS AT LAW


ROADLAW Jeff McConnell & James Mennella ATTORNEYS AT LAW

encryption to protect data. As identity theft and cyber-hacking remain ever-increasing threats, even technology experts have questioned just how secure that information is while stored on the cloud. “There are a lot of businesses saving their information on the cloud,” Monroe said. “So if you’re willing to trust a cloud-based service and they have documentation on their site that says it’s encrypted, I don’t see anything you couldn’t keep out there – tax information or otherwise.” As cloud storage gains popularity, Monroe said he expects more businesses and individuals to use the storage service. Space allotted per account will grow, and users will have more security options. Saving documents and pictures always poses a small percentage of risk that they’ll disappear, no matter how you save them, he said. “If you have a free account, it may not be backed up,” Monroe said. “Like anything else, it comes back to faith. You are trusting that provider.”

5 ways to help keep your information on the cloud secure:

Keep sensitive documents off of the cloud. Although most cloud storage servers are located in the U.S., legal issues surrounding who may access your documents hasn’t been settled.

Read the fine print of your provider’s user agreement. If you close your account and switch providers, you want to know what happens to your photos and documents previously saved to the old provider. You’ll also learn specific answers to security questions.

Get serious about passwords, periodically changing passwords for all email and cloud accounts. Monroe suggests that using a system like the first letters for each word of a memorable sentence can be helpful in keeping the passwords strong and memorable.

Encrypt files individually. “Encryption is, so far, the best way you can protect your data,” CIO Magazine wrote in a December 2013 article. Encryption providers enable users to hide individual files or entire folders with passwords to ensure that only those who have the password may access the file.

Use an encrypted cloud storage provider. Some providers like SpiderOak and Wuala claim that even server administrators cannot access files saved on those cloud accounts. LL

1

2

3

4

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Is your information secure in ‘the cloud’?

From Page 85




Having what it takes to be an owner-operator

TAXTIPSHoward Abrams PBS TAX & BOOKKEEPING

Q I have been a company driver for four years now and have decided to switch gears and

become an owner-operator. I have a wife and a 2-year-old. How should I approach this?

A We like your approach in seeking help. Obviously, you are in a more difficult situation

than if you were single because of your responsibility to your family. Before moving forward you should consider the following questions:

1. Are you a responsible individual, organized and dedicated?

2. Are you willing to take risks to reach your goals? You are taking a much bigger risk running your own business than being a company driver; however, the rewards are greater.

3. Are you going to be able to make the tough decisions necessary in running a business?

4. Are you willing to give up possible benefi ts of being a company driver such as health care, 401(k), guaranteed vacations and sick pay?

5. Are you willing to put in the extra hours that go along with running your own business?

6. Are you sales oriented? Will you be able to bring in the needed business if you choose to obtain your own authority as opposed to becoming a contract driver in a lease or purchase program?

7. Are you capable of handling paperwork and record keeping? If not, are you willing to hire someone to do it?

8. Are you willing to do the research, ask questions, compile and compare your results?

Q I need help in fi guring out how much money I will make.

A. First, you will need to know how much money you need to live on. Then compare that with

how much you are taking home as a company driver. Keep in mind the many benefits such as health care, vacations, unemployment benefits and job security, which are offered to employees, are not available as a self-employed individual. You will need to provide your own benefits. When making your fi nancial and benefi ts comparisons don’t forget to consider the effect of income taxes on your profi t. Project what you will be taking home from your own business, taking into account taxes and the cost of providing your own benefi ts. Let a trucking tax expert help with your projections.

Q OK, let’s assume I do all that you have told me about and I’m now convinced I’m going to

proceed. Do I want to lease onto one company or do I want to get my own authority?

A. That’s the next big question – to take the seemingly less risky route and hook up with a

company as a contract driver or to proceed directly to getting your own authority. You’re going to have to do your own footwork on that one. If getting your own authority is your desire, make sure you have enough business lined up and then you can expand from there. You should prepare a business plan. There are some very good companies who can provide you with a fairly secure and profi table position as a contract driver. Compare those with the business plan and projections you developed for obtaining your own authority. Then consult with your trucking fi nancial advise rs. LL

This article is written by PBS Tax & Bookkeeping Service, a company that has been providing income tax and bookkeeping services to the trucking industry for more than a quarter-century. If you would like further information, please contact PBS at 800-697-5153 or visit their website at www.pbstax.com. This column is the opinion of the writer and does not necessarily reflect the opinions of Land Line Magazine or its publisher. Please remember that everyone’s financial situation is different. This article does not give and is not intended to give specific accounting and/or tax advice. Please consult with your own tax or accounting professional.

Keep in mind that the many benefi ts such as health care, vacations, unemployment benefi ts and job security, which are offered to employees, are not available to a self-employed individual.

Having what it takes to be an owner-operatorFirst, you will need to know how much money

Want to know more about what it takes? See Page 82




from 50 percent to 75 percent of the time. PrePass says its members get the green light 95 percent of the time. Obviously, PrePass membership requirements greatly increase green-light odds. But Drivewyze is trying to increase their odds and also automate a piece of the inspection punch list. That’s where the driver log data comes in. Last year in Maryland, Drivewyze demonstrated what it calls an e-inspection program. FMCSA Administrator Anne Ferro attended the well-publicized event.

E-inspection added at least one critical element to an inspection bypass decision: driver hours of service. “We weren’t transmitting actual log information,” said Drivewyze Vice President of Technology Brian Mofford about the Maryland demonstration. “All law enforcement cares

about is, are you within your drive hours for the day and for the week.” So Drivewyze showed it was able to establish whether a driver was in compliance without sending actual log details. The data transmitted to the weigh or inspection station consisted only of check marks in the boxes representing hours for the day and hours for the week. Mofford stressed that any future program using log data would be on a strictly voluntary opt-in basis. Why would a driver allow Drivewyze access to his ELD? Mofford explained that Drivewyze is asking the FMCSA to reward those who allow access with potential credit toward CSA scores. If everything checks out electronically and a driver is allowed to bypass a station, Mofford reasons, that driver should receive at least some of the credit he would receive with a full inspection. Ferro’s attendance at the demonstration implies FMCSA interest in the Drivewyze idea at the very least. Sounds harmless, but it opens a new electronic door to information that relates not to the fleet or the truck, but to an individual driver. Experience tells us that once opened, that door will never close. It’s the next step in a progression that began with the deployment of early electronic logging devices with all their benefits and pitfalls. Sadly, those pitfalls have

The changing world of pre-clearance

From Page 86



TRUCKERMD Q&AJohn McElligott, MD

QQ

Q

Kidney stones and gallstones: What’s the difference?You’re cruising down the road with a good-paying load of electronics, and suddenly you don’t feel so good. Sweaty, sick to your stomach – it doesn’t take long before you think you are going to pass out. If you have a kidney stone that’s trying to pass, you are in for some serious pain. If you’ve ever had one, you know you never want to experience that again. Gallstones aren’t fun, either. So what’s the difference, anyway? Here are some questions from truckers who want to know.

A year ago I had a sudden attack on the road that turned out to be a kidney stone passing. It was excruciating, and I was forced to go to the ER. I was told that due to my sex (male) that I would likely have one again. Is this true? What can I do to keep from having one again?

Kidney stones can be quite painful and unpredictable as far as onset. It would be helpful if you knew the type of stone, since calcium stones tend to be found in people who produce more oxalate in their urine. Oxalate is a mineral found in too many foods to list here, but if your doctor wants you on a low-oxalate diet, you’ll need to research this a bit and lay off certain foods and cut back on salt. There are certain calcium stones that are formed from the phosphate and calcium and have no specific dietary cause. Other stones – such as struvite, uric acid and cystine stones – are less common and do have dietary contributors such as decreased water intake, high-protein

diets, and recurrent urinary tract infections. As far as the predominant sex that have a preponderance for kidney stones? Yes, males do outnumber females on this particular statistic. Overall, kidney stones have no definite single cause.

Do most kidney stones pass on their own or is surgery normally required?

Surgery is not normally needed for kidney stones. Most urinary tract stones pass on their own with the assistance of high fluid intake and occasional pain medications. However, struvite stones can become quite large and can require lithotripsy, which uses shock waves to break up the stones and make them small enough to pass. If the stones are in a location that the shock waves can’t reach, your doctor may also recommend a more invasive surgical procedure.

Are gallstones different from kidney stones? Can you have gallstones and not even know about it? Can they cause cancer?

Gallstones have little similarity to kidney stones. Unlike kidney stones that pass from your body through the urinary tract, gallstones pass through the intestines. A large percentage of gallstones are formed from cholesterol. The remaining stones tend to be pigmented stones from bile salts. Gallstones can be asymptomatic for many years. You may not even know you have one. However, when they became large or the gallbladder becomes inflamed, you may feel pain. However, autopsies have revealed that gallstones are often found in people who have never had any symptoms of gallbladder disease. As far as your question regarding cancer and gallstones, I won’t go so far as to say they cause cancer. However, gallstones are found in 80 percent of the people with gallbladder cancer. I might add that there are many other complications of gallbladder disease. If your doctor determines that you have gallbladder stones or what we call acalculus cholecystitis (no stones, just inflammation), I recommend you have your gallbladder removed on an elective surgery basis. Don’t wait until you are chronically symptomatic and/or have an infection that may precipitate emergency surgery. LL

John McElligott is an MD, Fellow of the American College of Physicians, and medical director of the St. Christopher Trucker Development and Relief Fund. This column is the opinion of the writer and does not necessarily reflect the opinions of Land Line Magazine or its publisher. Please remember everyone’s health situation is different. If you have questions regarding medical issues, consult your personal physician.



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received far less attention than the benefits that are widely and loudly promoted by ELD providers. The next step is to mandate the devices (enriching those providers) regardless of their largely unacknowledged downside, which is represented by OOIDA and almost no one else. But if it’s going to happen anyway, why not use the data to improve bypass efficiency? Because it’s a serious precedent. Driving time is not the only part of a driver’s daily life that has been digitized. There may be driver-cam recordings. There may be data from company-imposed technologies intended to track virtually all observable driver behavior. For example, one onboard device checks vehicle speed against the posted limit, beeps when a driver exceeds it, and if the driver doesn’t correct quickly enough it shoots an email to headquarters. Hard-braking is similarly reported and can generate a rapid company response. It’s beginning to feel like the invisible electronic fences that make formerly happy dogs cringe and grovel. Could that kind of data be used for bypass decisions as well? And what about the electronic messages, both business and private, a driver sends and receives during a day? Might they be evidence of a driver’s state of mind? Should they be off-limits where safety is concerned? Of course, Mofford and Drivewyze believe log access can only help drivers, at least in the context they’re proposing. Karen Asmussen, president of PrePass, is less certain about crossing the line into driver data. “There are basic privacy issues at play. We’re beginning to be forewarned by legal counsel as (available data) gets closer to the individual,” she said. OOIDA is concerned with driver data as well. “We have concerns about privacy; we have concerns about this level of monitoring, with the opportunities for abuse,” said OOIDA Executive Vice President Todd Spencer. “Drivers don’t know what information is being collected on them, they sure don’t know who it’s going to, and they certainly haven’t given their blessing to it. “At some point,” Spencer said, “a driver should have the right to simply be left alone.” LL

A trucker for 10 years and trucking journalist for more than 14 years, John Bendel’s biggest inspiration still comes from his readers. For his series in Land Line, he wants to know what kind of technology has become part of your job. Love it, hate it, how does it work for you? Email John at [email protected].

Thechangingworldofpre-clearance

From Page 95


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Richard D. Reiff Dennis E. Reimers Jr. Danny K. Rexroat Melvin A. Rice Todd Michael Richardson Joseph R. Rickman Patrick W. Ridley Samuel Alvin Riggs Richard A. Rizzolo Wayne F. Roffers Sharon Kathleen Rogers Rick L. Rollings Michael L. Rose Mark D. Roudebush Mike Roy Gerard J. Russo Glen A. Rylott Mary L. Rylott Robert W. Scannell Karl M. Scheidt Jr. George R. Schieni Catherine Schneider Wesley A. Schonrock Kristina M. Seastrom Michael J. Seastrom Gerald J. Seawright Joseph S. Self Jason E. Sell Peter Servos Robert G. Showalter Gary Siewert Ron Silk Nachhattar Singh Surinder Pal Singh Kenneth D. Skaggs Sherman Smalls Jason B. Smith John F Smith II

Wayne A. Smith Mike D. Spencer Rodney Spradlin Paul S. Stanchio Johnny E. Stephens Steve F. Stevens Laurel A. Stewart Steven Thomas Stier Candace Stone John W. Stone Robert A. Stukes Jr. John A. Swabik David W. Swann Zbigniew Szablowski Carlos Taylor Gerald D. Terrell Jack Thies John J. Thomas Graham F. Thompson Jon Kevin Thompson David H. Tiboni John M. Timmons Paul A. Todd Sheila Nauman Todd Irvin J. Tregre Jr. Claude Turner Phyllis A. Shelton Umholtz Steven C. Umholtz Kevin L. Veach Heath O. Wagener Paul Walker Patricia Wallace Timothy R. Wallace Beth C. Walter Brett Ward Jimmy Ward Lois Ward Mark A. Ward

Valerie D. Ward Matthew J. Warner Edmund Warren Marty J. Weeks Michael J. Wehling David R. Weir David E. Weiss Chris A. Wenger Robert L. West Patricia Emanuel Westfall John W. White Ronald R. White Grady B. Williams Michael M. Williams Sr. Reginald Williams Tony A. Williams Charles C. Williamson Kimela B. Willis Arthur R. Wilson James E. Wolff Joseph Womack David E. Workman Marcus D. Wright Joseph Wrzinski Donny E. Yates Dennis D. Yokum Jr. Matt D. Zbojniewicz


CongratulationsRobert A. RobinsonPatrick E. RoederDanny E. RossBurleigh B. RoweJerry M. RuskinMarynan RustMichael T. RustDebbie S. RuthDavid E. SadowskiLuis A. SantiagoRichard W. SaquiDonald M. SchmidtKimberly S. SchmidtWilliam J. SchneiderPeter SchottingDale S. SchuettsWilliam A. SchultzEdward SessaPreston S. SheppherdGeorge W. Sherren Jr.Frederick SimmonsLuther B. SimmonsJames W. SimmsKenneth R. SimpsonRobert R. SingoDonald G. SloanJesse SmithRobert M. SmithRoger SopherSheila M. SpauldingDavid J. Spurgeon

Robert J. StaneruckJames Burton StewartAnne M. StoneIan J. StoneWayne H. StoughtonLeonard E. StuckyTerry StudtCharles R. SuggsDebra D. SuggsGeorge L. SwemJohn D. TammingaJohn E. TeichertGerald J. ThibodeauxKenneth K. ThomasLouis Thomas Sr.Don C. ThompsonLanny F. ThompsonW. J. ThrashHippie ThurmanRichard O. TimmonsGeorge E. Todd Jr.Robert F. TourgeeLavinia TunstallCharles J. Turner IIVictor M. TurnerJoseph Michael TuzzolinoDale D. Van DiestJoseph H. Van HookJohn B. VandenburgThomas R. WallaceJohn L. Ward

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Tridako buys Dynasys APU businessDynasys Auxiliary Power Unit business, after three years of being owned by Fallbrook Technologies, is being sold again – this time to Tridako Ltd. Tridako Energy Systems is owned by Perrin Manufacturing. The company is located in Alliance, Neb., and is the maker of the PowerCube APU. The president of Fallbrook said it didn’t make sense to keep the APU business when the company is focusing on the company’s power drive products. Rick Shaff, who served as president of Fallbrook’s Dynasys business unit, will join the Tridako team. In January 2013 the popular APU made trucking news when Fallbrook recalled the product in the middle of winter. All of the installed Dynasys APUs were recalled, and customers were advised to disable the units immediately. By Feb. 3, the company had developed a fix allowing truckers to use the units for heat. LL

Just plain SchneiderSchneider National says it’s dropping the word “national” from its title and going with just plain “Schneider.” A spokesman says that better reflects the company’s international operations. The company says something Schneider is not getting rid of is its trademark orange tractor-trailers. Something else Schneider will never be able to get rid of is that old trucker joke that orange barrels are just Schneider eggs that have not hatched yet. LL

Pilot Flying J announces Road Warrior campaign

Pilot Flying J has kicked off Road Warrior, a new initiative celebrating and honoring professional drivers throughout North America. The grand prize for the ultimate Road Warrior is $10,000. Anyone can nominate a Road Warrior, and drivers can nominate themselves.

You can also nominate coworkers, friends and family members. Road Warriors will be featured on the Road Warrior website at roadwarrior.pilotflyingj.com and PFJ’s social media networks. Daily and weekly Road Warriors will receive a variety of prizes including a Road Warrior T-shirt, MyRewards points and an assortment of other items. Voting is currently open, and you can nominate Road Warriors through Oct. 31, 2014. LL


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442011 LandL 4.75 X 2.pdf 1 10/25/11 6:14 AM


Marcia G. Taylor, president and chief executive officer of Bennett International Group, has been named the 2014 Influential Woman in Trucking by the Women In Trucking organization and Navistar. Established in 2010, The Influential Woman i n Trucking award recognizes women who make or influence key decisions in a corporate, manufacturing, supplier, owner-operator, sales or dealership setting. The winner must have a proven record of responsibility and have mentored or served as a role model to other women in the industry. Based in McDonough, Ga., Bennett International Group delivers integrated transportation and supply chain management solutions worldwide. LL

2014 Influential Woman in Trucking goes to Marcia Taylor

Road Choice-branded parts make debut Road Choice Truck Parts is the newest brand to enter the heavy-duty truck industry’s private label all-makes market. Road Choice Truck Parts is a trademark of Mack Trucks Inc., an affiliate of the Volvo Group. Second- and third-generation truck owner/operators will find this news of interest. Road Choice products are designed to offer owners of out-of-warranty trucks quality and reliability with parts covered under a minimum, one-year warranty. Offering a growing line of high-demand parts, including air conditioning, air springs, air/electrical coils and accessories, brake chambers, exhaust products, lighting, shock absorbers and universal joints, Road Choice all-makes parts are value-priced to compete with heavy-duty manufacturers’ and warehouse distributors’ private brand parts. LL

Cascade Sierra Solutions folds in wake of EPA auditIn April, an Oregon court approved a receiver to handle the “winding down,” liquidation and shuttering of Cascade Sierra’s operations. The company found success handling the administration of federal stimulus-funded grant programs to help truck owners purchase anti-idling devices, diesel particulate filter systems and other emissions upgrades An EPA audit two years ago claimed the federal government should receive a refund of $9 million in grant money that was incorrectly handled by Cascade Sierra Solutions. Cascade Sierra reportedly owes $19 million to 13 secured creditors. The Statesman Journal newspaper reported the company battled legal and financial issues for the past two years before closing its operations in March. LL

Marcia G. Taylor

Phot

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“When I saw what was happening, I knew if I didn’t stop, (Herndon) may not go home,” he said. “That’s what was on my mind the whole time. As soon as I’d seen it, I’ve got to do something. This man was in a bad way. You could see it in his face. He needed help. I just thought, ‘This man’s going home.’” It was in the moment he passed by and saw the look on Herndon’s face that he knew he had to do more than just call 911. “When I was running up to help him, I can’t tell you how many cars drove by and I seen them with their phone in their hand dialing 911,” he said. “They could’ve been there five or six seconds before me. I’m a pretty good-size boy; I don’t run so well … “Anybody can sit and say, ‘Hey I would’ve done the same thing.’ How many people that drove by that situation have said, ‘Well I would’ve done the same thing’? But when it came down to doing it, they drove by and they picked the phone up and called 911. “I always wondered which person am I? Am I the person that’s gonna pick up the phone and dial 911 and hope somebody gets there in time? Or am I gonna be the type of person that’s gonna get out of my truck and be that person who’s gonna sacrifice his life if that’s what it come to. I’m glad to know I’m that person.” But what about Blackburn’s own family? What would they think if he’d been a victim instead of a hero? “If that’s what had happened, and if something happened and neither of us ended up going home, my family would have been proud to know what I tried to do,” he said. “I was ready to give my life to save his.” If there is one label Blackburn said he’s willing to accept, it’s the one bestowed on him by the Spencer County Sheriff’s Facebook page: “Guardian Angel.” “I feel like if I’m anything, I’m more that, because God put me in that spot at that time,” he said. “There was a lot of things that happened that day and a lot of things that didn’t happen that day to put me in that spot at that moment. I wasn’t even supposed to be in the state of Kentucky this week. I was supposed to go to Georgia.” LL

‘Brother, hang on. I’m here to help.’

From Page 67


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PRODUCT PRODUCT PRODUCT PRODUCT PRODUCT Showcase

The information on these pages is prepared for publication by Land Line’s advertising department from promotional materials provided by selected manufacturers. The publishers do not necessarily endorse any product or service featured in “Product Showcase.”

Solar power on the roadGo Power! recently introduced its Solar Flex solar panels – a practical, solar-based mobile power and battery regeneration system. Its Solar Flex GP-FLEX series panels require no mounting brackets or framework and are a mere 3 millimeters thick. They bend up to 30 degrees to mount almost anywhere on a vehicle and are durable enough to walk on. The system can be configured to generate a battery-charging range of 1.7 to over 100 amps per hour. The Solar Flex system can generate up to 100 amps of DC power per

hour. Combine it with a Go Power! inverter and it can produce 1,000 watts of AC power per hour. Panels come in 30-, 100- and 200-watt power kits. Visit gpelectric.com or call 866-247-6527. Circle No. 273 on Response Card

Help from HaloSay goodbye to the chore of checking tire pressure. The Halo Tire Inflator from Aperia Technologies is a self-powered, bolt-on tire inflation system for drive and trailer axles on medium- and heavy-duty trucks. It can be used on dual or wide-base tires. Halo uses the wheel’s rotational motion to pump and maintain tire pressure without connecting to a compressor. Installation takes less than 10 minutes per wheel end. The system is expected to operate for 500,000 miles or 10 years. Visit aperiatech.com or call 415-494-9624. Circle No. 272 on Response Card

Enforcer Security Kit has the whole worksTransport Security Inc. has a new addition to its high-security lock product line for securing trucks and trailers from cargo theft. The Enforcer Security Kit includes an air cuff lock, king pin lock, and a high-impact boron shackle Abloy padlock to prevent break-ins. Own more than one truck? The kits can be keyed alike into a master system, and they come in a plastic carrying case that can easily be stored in the cab. Visit transportsecurity.com or call 800-328-3442. Circle No. 271 on Response Card

Add some fun to your CBPersonalize your CB radio and add some excitement to your cab at the same time. Lumna Inc. has designed a CB radio microphone with an LED lighted cord. Add a warm glow to your cab interior with a red, blue, green, pink, purple or white cord. Lights can be turned on and off, and the lighting level can be adjusted. The microphones feature high frequency output and a noise reduction filter. A one-year limited warranty is standard and the product is made in the U.S.A. Order at lumnainc.com or call 850-225-7867. Circle No. 274 on Response Card

MAY 2014


WIN products featured each issue! Return the Reader Response Card to Land Line by the date shown.

Winners FEBRUARY 2014 Blizzerator: Earl Peters, Wamego, Kan.Sprang Enterprises 24-inch binder rack: Thomas E. Moon, St. Charlottesville, Va.; Paul Moran, Fontana, Wis.; Monhammad Azhar, Silsbee, Texas


A Defender personal defense systemTwo winners will be drawn from response cards received in Land Line offices by June 16, 2014.

Stay informed during severe weatherTornado season is upon us and Cobra just introduced a weather radio to keep you in the know. The CWR 200 weather and emergency radio alerts to more than 60 emergency-related events including tornadoes, hurricanes, blizzards and child abductions. Specific Area Message Encoding (SAME) allows you to receive alerts only for your local area. Up to 25 locations can be stored and turned on or off. A tornado mode button silences all alerts except for tornadoes and extreme emergencies. The CWR 200 can also charge your mobile device using the

radio’s battery power – perfect in a power outage. A flashlight and alarm clock are also built in. Visit cobra.com or call 773-889-3087. Circle No. 270 on Response Card

Loads delivered to you?If spending hours searching for loads isn’t your thing, DashHaul Inc. has a solution. The company’s neutral freight-dispatching application is designed to automate and simplify operations for full truckload drivers in the U.S., Canada and Mexico. The system matches the truck to shipments posted by brokers and shippers. The loads don’t post like a load board and drivers don’t search for freight. Instead, drivers check in and post their truck. Then they receive notifications via phone, computer or tablet and can accept the offer or self-dispatch. Go to dashhaul.com or call 855-758-5263. Circle No. 275 on Response Card

Go farther on a tank of fuel with GoodyearGoodyear’s complete line of long-haul tires featuring Fuel Max Technology can help reduce one of your largest operating expenditures – fuel. Goodyear’s new version “A” tires feature innovative fuel-saving compounds to lower rolling resistance while enhancing overall tread life. Available in steer (G395 LHS), drive (G305 AT LHD) and trail (G316 LHT) positions, Goodyear tires and retreads featuring Fuel Max Technology work together to help you save money. Visit goodyeartrucktires.com or call 866-FleetHQ (866-353-3847).

Make my dayPro-Defense manufactures a personal defense system called the Defender. There’s no need to fumble with a small can of pepper spray in your hand, hoping to hit a wanna-be attacker. The innovative pepper spray delivery system shoots pepper spray up to 20 feet from any angle. It requires no license and can be carried across state lines. The pepper spray can loads onto a patent-pending

Defender Rail System, which has the look and feel of a gun. A flashlight with a strobe light mounts on top.

Other options are also available. Pro-Defense is made in the U.S.A. Go to Pro-Defense.com

or call 406-892-3060, ext. 31 for a discounted price. Circle No. 276 on Response Card

A Defender personal defense systemTwo winners will be drawn from response



or call 406-892-3060, ext. 31 for a discounted price. Response Card

child abductions. Specific Area Message

locations can be stored and turned on or off.

alerts except for tornadoes and extreme

radio’s battery power – perfect in a power outage. A flashlight

The pepper spray can loads onto a patent-pending Defender Rail System, which has the

A Defender personal defense system

locations can be stored and turned on or off.



or call 406-892-3060, ext. 31 for a discounted price. Response Card

you can

WIN


Visit landlinemag.com for more industry events.

Being on the road can get lonely without something fun and meaningful to fi ll your down time. You can make a difference in the life of America’s school students as a TRUCKER BUDDY.

© A

CS A

dver

tising

201

0

FOR MORE INFORMATION ON HOW YOU CAN BE A TRUCKER BUDDY, GO TO WWW.TRUCKERBUDDY.ORG OR CALL 1-800-MY-BUDDY

MAY8-10 East Coast Truckers Jamboree, Kenly 95 Petro, Kenly,

N.C. For more information, visit kenly95.com.

29-31 American Truck Historical Society National Convention & Antique Truck Show, Ozark Empire Fairgrounds, Springfield, Mo. For more information, visit

aths.org or call 816-891-9900.

JUNE6-7 Joplin Truckers Jamboree, Joplin 44 Petro, Joplin, Mo.

For more information, visit joplin44.com or call 417-621-6123.

6-8 Wheel Jam Truck Show, South Dakota State Fairgrounds, Huron, S.D. For more information, go to wheeljamshow.com or call Scot Marone at 605-354-2809 or Doug Flowers at

605-354-1324.

13-14 Oak Grove Truckers Jamboree, Oak Grove 70 Petro, Oak Grove, Mo. For more information, visit oakgrovepetro.com or call 816-690-4455.

20-22 Great Lakes Truck Show, Cabela’s, Dundee, Mich. For more information, visit greatlakestruckshow.com.

21 Down Home Working Semi Truck Show and Antique Tractor Show, Humboldt, Neb. For more information, call

402-414-7021 or visit facebook.com/downhometruckshow.

27-28 River States Customz, River States Customz, Home of River States Truck and Trailer, LaCrosse, Wis. For more information, visit prideandpolish.com.

JULY10-12 Walcott Truckers Jamboree, Iowa 80 Truckstop,

Walcott, Iowa. For more information, visit iowa80truckstop.com or call 563-284-6961.

19-20 Trucks, Tractors, Commercial Vehicles & Antique Aeroplane Show, Owls Head Transportation Museum, Owls Head, Maine. For more information, visit ohtm.org or call

207-594-4418.

25-26 Expedite Expo, Roberts Convention Centre, Wilmington, Ohio. For more information, visit expediteexpo.com or call

859-746-2046.

25-27 Fergus Truck Show, Centre Wellington Community Sportsplex, Fergus, Ontario. For more information, visit fergustruckshow.com or call 519-843-3412.

Visit landlinemag.com for more industry events.

20 1 4

IndustryCalendar



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Semi terrified?

From Page 71

snow and ice is caked in the wheel wells and hanging from my trailer. It didn’t look like the truck stop had any parking spaces left, and I was right up against my hours, so I started venting, kicking the hell out of my tires. Here’s where things got kind of creepy. We’ve all had that feeling of being watched, and as I was messing with the tire, I was overcome by a sense of foreboding. The hairs on the back of my neck started standing up, and it wasn’t from the cold. You spend enough time on the road, and you’ll develop a sense of when danger is near. I’ve had too many buddies and fellow truckers get accosted at truck stops and restaurants not to be at least a little cautious about some situations, particularly after dark on a night like that. I looked over my shoulder and I saw that same four-wheeler, ol’ Dale Jr., from earlier. He was just sitting behind the wheel, staring at me. It got my dander up. Especially when he knew I’d spotted him and recognized him. I didn’t know what this guy wanted, but it was obvious to me that this jack-wagon wasn’t there for fuel or coffee, so I hollered at him, and made for my cab. I keep a wrench there, mostly for repairs. But I’ve had to grab it a time or two in the past to make some rowdy punk think twice about trying to roll me for my wallet. I started toward the car, because I wanted to get close enough to see if I could a plate number off this guy, just in case he decided to go psycho. When he saw me coming closer, he hit the gas and tore out of there. The dirt and salt was covering his plate so I couldn’t get a read on it. It shook me up pretty bad. I probably should have called the cops and told them there’s a maniac out there, driving crazy and stalking people coming off the highways. I went inside and let the manager of the truck stop know about it at least. Told them to keep an eye out for that guy and his vehicle. After hearing about my day, the manager ended up letting me park in an area that’s normally off-limits. I climbed in my sleeper and prayed he wouldn’t come back and mess with me or my rig. Thankfully, he didn’t come back, and I count myself lucky I haven’t come across him since. Ask any driver and they’ll tell you one of the worst parts of the job is dealing with four-wheelers who don’t know how to drive, who change lanes at the drop of a hat, or drive too fast or too slow for conditions. But it’s even worse when you’re menaced by some yahoo who follows you for 30 miles when all you’re looking for is a safe port in the storm.” LL


TO: ALL PERSONS IN THE UNITED STATES WHO, DURING THE PERIOD FROM JUNE 4, 1998 THROUGH MAY 15, 2006, ENTERED INTO A FEDERALLY REGULATED WRITTEN LEASE AGREEMENT WITH C.R. ENGLAND, INC. (PURSUANT TO 49 C.F.R. ‘’ 376.11 AND 376.12) UNDER WHICH C.R. ENGLAND, INC. LEASED EQUIPMENT AND/OR SERVICES FOR THE INTERSTATE TRANSPORT OF FREIGHT.

PLEASE READ THIS NOTICE CAREFULLYTHIS IS NOT A NOTICE OF A LAWSUIT AGAINST YOU

THIS NOTICE DESCRIBES THE PROPOSED SETTLEMENT OF A CLASS ACTION LAWSUIT AGAINST C.R. ENGLAND, INC.

AS A MEMBER OF THE CLASS, IMPORTANT BENEFITS MAY BE AVAILABLE TO YOU UNDER THE SETTLEMENT AGREEMENT.

A. INTRODUCTIONWhy should I read this Notice? 1. This Notice concerns the proposed settlement of a class action filed against C.R. England, Inc. (“England”). This Notice is being sent to independent truck owner-operators who leased equipment and provided their services to England between June 4, 1998 and May 15, 2006.

2. As a Class Member, you may be eligible to receive a cash payment as part of the proposed settlement. For further details regarding your ability to participate in the Settlement, you should read this Notice in full. Only by reading the entire notice will you learn about your rights arising from the Settlement.

How do I know if I am a member of the Class?The Class consists of all independent truck owner-operators in the United States who entered into federally regulated leases with England or its authorized agents or business affiliates, between June 4, 1998 and May 15, 2006 (“Class Members”).

B. HISTORY OF THE ACTION 1. This action was filed by Plaintiffs Owner-Operator Independent Drivers Association, Inc., William Piper, Donald Sullivan, Sr. and James Murphy, (collectively “Plaintiffs”) against England, on June 4, 2002, alleging that England violated Department of Transportation leasing regulations, 49 C.F.R. § 376.12, commonly referred as the “Truth-in-Leasing Regulations” (the “Leasing Regulations”), made privately actionable by 49 U.S.C. § 14704. Plaintiffs alleged that England failed to comply with the charge-back, forced purchase and escrow provisions of the Leasing Regulations. At the time suit was filed, England used a form Independent Contractor Operating Agreement (“ICOA”).

2. England, in the summer of 2002, implemented a Revised Independent Contractor Operating Agreement (“RICOA”). England denied all of the Plaintiffs’ claims, and asserted that its ICOA, RICOA and its conduct, was in full compliance with all applicable laws regulating its responsibilities to owner-operators.

3. By order dated August 29, 2005, the Court certified this case as a class action. Prior to trial, Plaintiffs waived their right to damages and sought instead equitable remedies such as restitution.

4. The case was tried to the Court in October 2006. After the trial was concluded, in June 2007, the Court issued its Findings of Fact and Conclusions of Law (“Findings”). In its Findings, the Court held that the terms of the ICOA violated the Leasing Regulations, but that Plaintiffs had not proved actual damages on their charge-back and forced purchase claims. In its Findings, the Court also held that the RICOA was entirely compliant with the Leasing Regulations.

5. In its Findings, the Court ruled that England violated the escrow provisions of the Leasing Regulations and ordered England to conduct an accounting of all owner-operator escrow funds. The Court referred the Accounting to the Magistrate Judge for a truck-by-truck analysis. The Court held that in order for any class member to receive

restitution, the class member would have to prove “actual damages” by demonstrating that his or her unreturned escrow balance exceeded any legitimate set-offs asserted by England.

6. After the conclusion of the Accounting, the Court entered judgment in favor of Plaintiffs and against England in the amount of $1,311,517.61. This amount represented the award of restitution to 781 Class Members. The remaining Class Members, in conformity with the Court’s orders, did not receive a money judgment.

7. Class Counsel has litigated this case, on behalf of Plaintiffs and the Class, for more than eleven years. After final judgment was entered in favor of Plaintiffs, Plaintiffs moved for the award of attorneys’ fees and expenses in the amount of $4,716,618.25.

8. Both England and Plaintiffs appealed the judgment to U.S. Court of Appeals for the Tenth Circuit.

C. SETTLEMENT BENEFITS What will Class Members receive under the Settlement? 1. England has agreed to pay the sum of $3,000,000 in full and final settlement of this Action, including all claims for attorneys’ fees and expenses.

2. Of this amount, the parties have agreed that $1,194,164 shall be used to pay Plaintiffs’ attorneys’ fees and expenses. England has approved this allocation, which is subject to approval by the Court.

D. BACKGROUND TO THE SETTLEMENTWhy did the parties decide to settle the case? 1. Both England and Plaintiffs have expended substantial amounts of time and money litigating this case for eleven years before the Court. While Plaintiffs did obtain a judgment in the amount of $1,311,517.61, Plaintiffs believed the amount was too low. England, on the other hand, believed that it did not owe Plaintiffs any money.

2. On appeal, both sides had substantial risks. For Plaintiffs, adverse precedent in other cases holding that the federal courts lacked equitable jurisdiction in Truth-in-Leasing cases caused a substantial risk that the court of appeals would overturn the judgment and that Plaintiffs and the Class would recover nothing. At the same time, there was substantial uncertainty as to the amount of restitution Plaintiffs might have been able to obtain on appeal. Therefore, even if Plaintiffs had invested the substantial time and expense to proceed with the appeal, Plaintiffs could have recovered nothing or substantially less than the amount of the Settlement.

3. England also weighed the risks of continued litigation and decided to enter into a settlement agreement with Plaintiffs and the Class. Risks to England included the possibility that the district court’s Class Accounting orders would be affirmed on appeal as well as the possibility that England could have been required to pay an amount in excess of the settlement amount.

E. SETTLEMENT DISTRIBUTION PLANWhen will Settlement benefits be distributed to Class Members? 1. The Settlement will become effective at such time as Orders entered by the Court approving the Settlement become final and no longer subject to appeal (the “Effective Date”).

2. After the Effective Date, the Class Settlement Amount will be distributed to the Class.

How will each Class Member’s share of the Settlement benefits be calculated? 1. For purposes of this Settlement, Class members will be divided into three groups. Each group will receive settlement funds under the following methodology:

2. The first group consists of 781 Class Members who entered into an ICOA with England and were awarded monies pursuant to the judgment entered by the Court. These Class Members will receive, as a settlement award, eighty percent (80%) of the

UNITED STATES DISTRICT COURTDISTRICT OF UTAH

OWNER-OPERATOR INDEPENDENTDRIVERS ASSOCIATION, INC., ET AL., Plaintiffs,

v.

C.R. ENGLAND, INC., Defendant.

)))) )))))

CIVIL ACTION NO. 2:02 cv 950 TS


amount awarded to them in restitution in the Final Judgment. These Class members will also receive the per capita settlement award to ICOA drivers as stated in paragraph 3. The total amount allocated to these Class Members equals $1,049,214.

3. The second group is those Class Members who entered into an ICOA with England but were not awarded monies pursuant to the judgment entered by the Court. Each of the individual Class Members who entered into an ICOA, (including those Class Members receiving settlement awards under paragraph 2), will receive a per capita settlement award of $158. The total allocated to these Class members equals $470,222.

4. The third group is those Class Members who entered only into a RICOA (and not an ICOA) with England during the Class period. Each of these Class Members will receive as a settlement award, a per capita award of $50. The total allocated to these Class Members equals $245,400.

F. WHAT ARE YOUR OPTIONS? 1. Remain in the Class and Receive a Monetary Award. You may do nothing, and you will remain a Class Member and be both entitled to and bound by the terms of Settlement.

If the proposed Settlement is approved by the Court and the judgment becomes final, you will be entitled to the Settlement benefits described in Section E, above. 2. Opt-Out of the Class and the Settlement. You have the right to opt-out of the Class and the Settlement. If you opt-out of the Class, you will not be bound by, or subject to, any judgment or Settlement of the case. If you opt-out, however, you will also not be entitled to receive any monetary award under the Settlement. If you wish to opt-out, you must submit a written, signed request to opt-out, by postage-paid, first class mail, stating (1) your name, address, and telephone number, (2) a reference to this case (i.e., OOIDA v. C.R. England, Inc., Case No. 02-950), and (3) your desire to opt-out of the Class. Requests to opt-out must be sent to David A. Cohen, The Cullen Law Firm, 1101 30th Street, N.W., Suite 300, Washington, D.C. 20007 and post-marked no later than May 17, 2014. If you do not submit a timely opt-out request that complies with these requirements, your opt-out request will be deemed invalid and you will not be excluded from the Class. 3. Right to Object to the Settlement. You may submit a written objection to any aspect of the Settlement pursuant the procedure outlined in Section G.

G. THE SETTLEMENT FAIRNESS HEARING AND THE RIGHTS OF CLASS MEMBERS TO OBJECT AND TO APPEAR When will the Settlement Fairness Hearing take place? 1. The Court has scheduled the Settlement Fairness Hearing (“Fairness Hearing”) to occur on June 19, 2014 at 2:30 p.m. before the Honorable Ted Stewart in the Frank E. Moss United States Courthouse, Courtroom 8.300, 351 S. West Temple, Salt Lake City, Utah 84101.

2. At the Settlement Fairness Hearing, the Court will determine, among other things, (a) whether to finally approve this Settlement as fair, reasonable and adequate; (b) whether the plan for allocating the Settlement benefits is fair and reasonable; whether to approve the incentive awards requested for the individual Plaintiffs and (d) whether to approve the application of the Plaintiffs’ Counsel for attorneys’ fees and expenses.

Can I object to the proposed Settlement? 3. Any Class Member who wishes to object to the proposed Settlement or any of its terms, including the proposed plan for allocating the Settlement benefits, the requested incentive awards, or Plaintiffs’ Counsel’s application for fees and expenses, may do so by filing such objection in writing with the Clerk of the Court, United States District Court, Frank E. Moss United States Courthouse, 351 S. West Temple, Salt Lake City, Utah 84101. For any such objection to be considered, it must be received by the Court on or before June 1, 2014. Each written objection must include the name of this case and the case number on the top of the first page of the objection. In addition, copies must be sent to the following counsel on the same date that it is provided to the Court:

Class Counsel Counsel for EnglandDavid A. Cohen Scott HagenRandall Herrick-Stare Elaina MaragakisThe Cullen Law Firm PLLC Ray Quinney & Nebekker1101 30th Street, N.W. 36 South State StreetSuite 300 Suite 1400Washington, D.C. 20007 Salt Lake City, UT 84111 and

Brent O. Hatch Hatch, James & Dodge, P.C. 10 West BroadwaySuite 400 Salt Lake City, UT 84101

Can I appear at the Settlement Fairness Hearing? 4. Any Class Member who files and timely serves a written objection as described above may also appear at the Fairness Hearing either in person or through counsel retained at the Class Member’s expense. Class Members do not need to appear at the Fairness Hearing or take any other action to indicate their approval of the proposed Settlement.

5. Class Members who intend to object to the proposed Settlement or any of its terms, and who desire to present evidence at the Fairness Hearing, must include in their written objections the identity of any witnesses they may call to testify and exhibits they intend to introduce into evidence at the Fairness Hearing.

6. Only Class Members may object to the proposed Settlement and/or appear at the Fairness Hearing. Accordingly, those who request exclusion from the Class pursuant to Section F of this Notice may not object or be heard at the Fairness Hearing.

H. ATTORNEYS’ FEES, INCENTIVE AWARDS AND ADMINISTRATIVE EXPENSES 1. Under the terms of the Settlement Agreement, expenses associated with administration of the Settlement, including but not limited to costs incurred in providing notice of the Settlement to the Class, will be paid from undeliverable or unclaimed Settlement funds.

2. England has agreed to pay, subject to approval by the Court, Plaintiffs’ attorneys’ fees and expenses in the amount of $1,190,164.

3. If a portion of the Class Settlement remains unclaimed by reason of uncashed checks, returned undeliverable checks or otherwise, and after reasonable and diligent efforts to have Class Members cash their distribution checks, any balance remaining in the Settlement Fund after one year shall be used, subject to approval of the Court for: (1) costs of notice of the Settlement; (2) costs incurred in the distribution of Settlement funds; and (3) unreimbursed attorneys’ fees for the work performed in the original litigation, and (4) a cy pres distribution to the OOIDA Foundation, Inc., a not-for-profit charitable organization subject to the provisions set forth in IRS Section 501(c)(3).

4. Plaintiffs’ Counsel has requested the award of $15,000 per individual class representative, namely William Piper, Donald Sullivan, Sr., and James Murphy, as incentive awards. The total amount sought in incentive awards is $45,000. Class counsel believes these awards are reasonable given the time commitment and resources that the individual class representative expended in initiating and prosecuting this case. 5. At the Fairness Hearing or at such other time as the Court may direct, Plaintiffs’ Counsel will move the Court to approve payment of attorneys’ fees and expenses in the amount of $1,190,164 to Plaintiffs’ Counsel by England.

I. ANY FURTHER QUESTIONS? 1. Any questions you have concerning the matters contained in this notice should not be made to the Court or England. You may find more information about the Settlement at www.OOIDA-CREnglandSettlement.com.

2. You may also call with questions to the Settlement Administrator at the toll free number 1-866-264-7217.

3. You may, of course, seek the advice and guidance of your own attorney, at your own expense, if you desire. The pleadings and other records in this litigation may be examined and copied at any time during regular office hours at the Office of the Clerk, United States District Court, Frank E. Moss United States Courthouse, 351 S. West Temple, Salt Lake City, Utah 84101, during regular business hours.

J. THE EFFECT OF A FINAL JUDGMENT If the proposed Settlement is approved by the Court at the Fairness Hearing, the Court will enter a final judgment in this case ordering that the Settlement be completed and dismissing the Action with prejudice, which will then release all claims arising out of or relating to the allegations made by Plaintiffs in the lawsuit. This release will bar any further lawsuit arising out of, based upon, or in any way relating to the matters in the Amended Complaint. Class Members who fail to request exclusion from the Class will be bound by the final judgment and order entered by the Court.

PLEASE DO NOT CALL THE COURT OR THE CLERK OF THE COURT WITH QUESTIONS CONCERNING THE PROPOSED SETTLEMENT.

Dated: Salt Lake City, Utah March 13, 2014

By Order of the Court Clerk of the Court


TRUCKING COMMUNITY HELP DIRECTORY

“Truckers and friends helping others one mile at a time.”

TRU

CKE

RS UNITED FOR CHARITIES

ST. CHRISTOPHER

The organizations featured in this section are not directly or officially affiliated with OOIDA or Land Line Magazine.

For more information call OOIDA’s Membership Department at 800-444-5791

The St. Christopher Fund

salutes these supporters who proudly invest in one of

our nation’s critical resources –

professional truck drivers.

For more information about the St. Christopher Truckers Development & Relief Fund, please send a letter to SCF, P.O. Box 30763,

Knoxville, Tenn. 37930 or call 865-202-9428. The website is truckersfund.org, and the email address is [email protected]

ST. CHRISTOPHERTruckers Development & Relief FundST. CHRISTOPHER

Travel Centers of America LLC.OOIDADave Nemo EntertainmentThe Truckers HelperBrenny TransportationIdleAirD&B TransportDoctors SelectAmeriquestMTC EnterpriseIndustrial Health Council

AirTabSand Dollar Specialized and Heavy Haul, Inc.C.H. Robinson Worldwide Foundation4 State Trucks, Inc.BP Fueling CommunityHISS LogisticsAnderson Trucking ServiceOmnitek Emission Control SystemsStayMetricsTrucker Therapy


Thank you to all the Volunteers and Sponsors at the 2014 Mid-America

Trucking Show. We couldn’t do it without your help.

For more details and contact info, visit truckercharity.org.

Trucker Charity Inc.Trucker Charity Inc.

Truckers helping truckers.

Thanks for all your support at MATS 2014, we will able to do such

wonderful things this year!


49 Ace Doran Hauling & Rigging Co. ...... 117 236 Ace Trailer Agency ............................. 108 156 Aircell Intake Spacers ........................ 113 Airtab, LLC ........................................ 103 186 All Freight Brokers & Dispatch ........... 113 149 American Transport, Inc. .................... 121 144 American Truck Historical Society ...... 113 35 Apex Capital Corp. .............................. 95 230 Arrow Truck Sales, Inc ......................... 29 39 AT&S ................................................ 102 235 AZloadtraining.com............................ 110 262 BestPass ............................................. 87 58 BH Tubes ........................................... 109 68 Big Rig Truck Accessories ................... 90 5 Booker Transportation ........................ 112 255 Borg Warner ....................................... 91 211 Brunner Fabrication ........................... 113 225 Bully Dog ........................................... 83 224 California Air Resources Board ............ 35 94 CAT Scale .......................................... 30 238 CB Lingo ........................................... 111 129 Centramatic ....................................... 104 Charles Peterson - APU for Sale ......... 113 50 Chevron ............................................... 3 143 Chrome Shop Mafia ............................ 79 10 CMCI .................................................. 28 Coast To Coast Referrals .................... 108 257 Cobra Electronics ................................ 4 128 Comfort Innovations, LLC ................... 113 41 Commercial Transload of Minnesota ... 111 Computer Moose Company ............... 107 122 Cruise King LLC ................................. 112 242 D&S Factors ....................................... 87 148 DACfix.com ....................................... 109 119 Dart Transit Company ......................... 110 140 Dash Haul Inc. ................................... 112 93 DAT Solutions LLC.............................. 11 43 Debrick Truck Line Company .............. 108 172 Detroit Radiator ................................... 75 131 Direct Freight Services ....................... 108 45 Donvel ............................................... 111 126 Eagle Capital Corporation .................. 110 88 eCapital .............................................. 47 161 Electrowarmth Products LLC .............. 112 44 ELW Company ................................... 111 73 Evans Cooling System, Inc. ................. 81 70 EZ Load Dispatch ............................... 113 Expedite Expo ..................................... 41 203 Fleet One ............................................ 35 145 G. David Brimmer & Associates ......... 113 69 Gateway Supply ................................. 109 209 Getloaded.com ................................... 23 247 GiraffeG4 Systems LLC ....................... 95 167 Goodyear Tire Company ....................... 9 181 Goodyear Tire Company ..................... 124 253 GoTrucker LLC ................................... 113 196 GPS Auto Tracker Inc. ......................... 81 158 Great American Chrome Shop ............ 110 110 Howes Lubricator ................................ 49 183 Internet Truckstop ............................... 19 92 Interstate Capital Corp. ....................... 31 177 Interstate Capital Corp. ....................... 27 85 Kenneth L. Turowski - Attorney ........... 109 168 Kenworth ............................................ 46 166 Knapp, Todd D. CPA, PC .................... 107 202 Legacy Financial Services Inc. ........... 113

60 Lucas Oil Products Inc. ....................... 21 179 MBA Tax & Bookkeeping Service ........ 112 103 Meritor, Inc. ......................................... 7 74 Neal Freeman Investments LLC .......... 111 OOFI Scholarship ..................................60 OOFI Webinar ..................................... 51 OOIDA Membership ....................... 14,71 12 OOSI Life Insurance ............................ 65 14 OOSI Occupational Accident ............... 99 15 OOSI Dental ........................................ 61 18 OOSI Short Term Disability .................. 63 19 OOSI Passenger Accident .................... 53 21 OOSI Truck Insurance .......................... 15 23 OOSI Business Services ...................... 18 24 OOSI Retirement ................................ 101 OOSI Spirit Truck ................................ 57 25 OOSI Vision ........................................ 55 40 PBS Tax & Bookkeeping Service ......... 113 97 PBS Tax & Bookkeeping Service ........ 111 78 Phoenix Sleep Solutions .................... 109 180 PODPad LLC ....................................... 37 162 Power Service Products ..................... 123 76 PrePass ............................................... 5 107 ProMiles ............................................. 89 258 Pureflow Technologies ........................ 97 190 Radiator Works ................................... 79 Randall-Reilly Publishing Co. .............. 43 64 Right Weigh Inc ................................. 108 111 RoadKing Shocks ............................... 109 80 Road Law ........................................... 107 220 Roadmaster ......................................... 2 132 Safety First Sleep Solutions ................ 93 130 Scoop Monkey LLC............................. 93 205 Setco Automotive (N.A.) Inc. ............. 104 127 Smart Truck Systems .......................... 67 105 SouthPointe Radiator ......................... 111 46 Sprang Enterprises ............................ 110 204 Sprint Business Center ....................... 69 261 Taxation Solutions Inc. ....................... 109 213 TBS Factoring .................................... 109 252 Tek Transportation .............................. 112 34 Teletype GPS ..................................... 110 TelTek U.S.A., Inc. ............................... 77 206 The Company Corporation ................. 107 174 The Truckers Helper ........................... 107 133 Thermo King ....................................... 13 66 TNT Sales .......................................... 105 114 Transport Training of America, Inc. ..... 107 112 Transport Training of America, Inc. ..... 109 218 TravelCenters of America..................... 33 75 TravelCenters of America..................... 39 171 Tri State Aquatune .............................. 111 223 Tru-Balance, LLC ................................ 76 2 Truckdriver.com ................................. 108 185 Trucker Search ................................... 112 Trucker Buddy .................................... 116 116 TruckFridge ......................................... 97 Truckit Records .................................. 116 197 Unipart Heavy Duty Cooling ................ 98 121 Van Alstine Mfg. Co. Inc. ................... 110 187 XFactors, Inc...................................... 112 98 Yemc Law Offices................................107 33 Zamzow Manufacturing Co., Inc. ........ 103

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ADINDEX

The index of advertisers is an editorial service of Land Line Magazine. The publisher assumes no responsibility for errors and/or omissions.



By Terry Scruton “LAND LINE NOW” SENIOR CORRESPONDENT

Got an idea for a ROSE or a RAZZBERRY? Email it to [email protected]. You can also check out the official Facebook page at facebook.com/rosesandrazzberries.

ROSES to OOIDA Member Linda Caffee of Silex, Mo., for being awarded an Outstanding Trucker Buddy Award from Trucker Buddy International. And the “international” part of that is key here, because the Trucker Buddy class Bob and Linda Caffee have been sending letters and post cards to is in St. Malo, France. It turns out a teacher over there got on the Trucker Buddy website and asked to be connected with a U.S. trucker. Bob and Linda certainly fit the bill, so Trucker Buddy made it happen. The kids do reports on the postcards in English as a way of learning a new language. They also follow the Caffees’ blog and at Christmas time send them letters and photos of themselves. So to the Caffees, as they might say in France, bravo mes amis!

Let’s finish this with one more bushel of RAZZBERRIES and these go to Michael Lee Sherley, a truck driver out of Memphis, who recently pleaded guilty to the theft of an interstate shipment. In May of last year, Sherley stole $73,000 dollars’ worth of canned corn from a truck stop in West Plains, Mo. Apparently he was part of a theft ring that would drive bobtail trucks through truck stops looking for unattached trailers. They’d hook up, drive the trailers off and sell whatever was in them for cash. Now that alone would be RAZZBERRY-worthy enough, but the fact that the load of corn stolen by Sherley was on its way to an Arkansas food bank makes this especially heinous. I mean, really? I wonder if he kicked any puppies while he was at it. LL

By Terry Scruton By Terry Scruton By Terry Scruton By Terry Scruton

ROSES to Montana trucker Matt Hopkins who, earlier this year, attempted to climb one of the world’s seven summits to raise money and awareness for Truckers Against Trafficking. Matt set out to raise a goal of $22,837, a dollar for every foot of his climb up Mount Aconcagua in Argentina. Unfortunately, he was unable to complete the climb – which he attempted in February – because he developed symptoms of high-altitude pulmonary edema (or severe altitude illness) once he reached about 20,000 feet. In spite of that, we still have to give a tip of the cap to Matt for his valiant effort to help out a good cause.

RAZZBERRIES to the Obama administration for its announcement earlier this year of a second round of fuel economy standards for heavy-duty trucks.

The announcement came in February, calling for greater efficiency for engines and powertrains, aerodynamics, weight reductions, rolling resistance and a number of other areas – all of which will surely add even more to the bottom line cost of a truck. The trouble is, we haven’t even seen the full effect of the first round of regulations on the trucking industry. You know, the ones that started with the 2014 model year trucks? Yes, that would be this year. Oh, and let’s not forget that earlier EPA mandates from 2004 through 2010 added $21,000 to the price of new trucks, sending the cost of doing business and staying compliant through the roof. And now they want to add more to it? While we’re still ducking and dodging punches from round one, here comes the president with round No. 2 and the bell hasn’t even rung yet. Seems to us like this is one fight where the fix is in and it’s not in our favor.

RAZZBERRIES to the National Transportation Safety Board for missing the big picture on one of

the headliner items on its annual list of the “Most Wanted” regulatory items it wants to see happen in the transportation industry. The board published its 2014 list earlier this year, and one of the top items on the list called for increasing the protection of vehicle occupants in the event of crashes. Which is a good thing, but apparently that includes only the occupants of passenger vehicles. The NTSB wants better occupant protection for cars, buses and even trains. Amazingly, trucks and truck operators were somehow left off that list. Apparently the lives of truck drivers don’t matter as much as everyone else’s, at least in the eyes of NTSB. Especially when you consider that the fuel economy regulations we just mentioned will likely lead to manufacturers looking for ways to lighten the weight of truck cabs.


By Terry Scruton “LAND LINE NOW” SENIOR CORRESPONDENT


land line magazine - may 2014

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