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Truckload Authority - Spring 2016

Meet new TCA Chairman Russell Stubbs and find out which carriers and drivers took home this year’s big awards!

Meet new TCA Chairman Russell Stubbs and find out which carriers and drivers took home this year’s big awards!

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BEST FLEETS TO DRIVE FOR | SAFEST FLEETS | DRIVERS OF THE YEAR | HIGHWAY ANGEL<br />

O F F I C I A L P U B L I C A T I O N o f t h e T r u c k l o a d C a r r i e r s A s s o c i a t i o n<br />

SPRING <strong>2016</strong><br />

Russell Stubbs is the<br />

first third-generation<br />

chairman in TCA history<br />

RAISING THE BAR<br />

Entry-level driver training<br />

standards are going up<br />

asleep at the wheel<br />

The industry has woken up to the dangers<br />

posed by obstructive sleep apnea<br />

overstocked<br />

Over-supply has the new truck market limping<br />

along. Who’s paring down the inventory?


SPRING | TCA <strong>2016</strong><br />

President’s Purview<br />

A <strong>Spring</strong> In TCA’s Step<br />

<strong>Spring</strong> is a wonderful time of year to welcome a renewed vibrancy and spirit for many of<br />

us, and we all would like to see it arrive. It seems to be a bit stubborn this year and many of your<br />

drivers have had to do their best to get through the last vestiges of winter. In D.C., the cherry<br />

blossoms came and went quickly with the high winds and cold that stretched across many regions<br />

of North America. Even with all that, we keep on trucking, knowing tomorrow will be a new day<br />

with milestones to reach and opportunities to make our own.<br />

In the last issue, I provided my inaugural purview for this magazine, the association and<br />

inevitably you, the members. I spoke of a new year for the association and making resolutions<br />

and now here we are, well past the promises, the good intentions or the inevitable best wishes<br />

that had accompanied me in my endeavor to preside over this association.<br />

At our annual convention, our board blessed a new policy that will lead to an unprecedented<br />

membership drive and which promises a direction that most certainly will equate to a more<br />

ambitious association than ever before. We are aspiring to great things, reaching for heights only<br />

dreamed about and striving to be the very best for truckload and its membership. We are urging<br />

that our members become more informed than ever before, have staff that challenge the status<br />

quo of what once was and embrace new ideas from the minds that once believed the notion was<br />

beyond reach.<br />

In a recent officers’ teleconference we were able to cover a lot of ground and are moving<br />

things forward at a rapid pace. Russell Stubbs and his team of officers know the “speed of the<br />

captain is the speed of the crew” and he is leading in just that way. Materials for the call were<br />

e-mailed prior to the call. One of the documents was the President’s Work Plan for the remainder<br />

of this year. The reason I am mentioning this is for you to know it is a vigorous and balanced<br />

work plan that includes, first and foremost, reaching out to the members and having meaningful<br />

discussions. For those of you who attended and worked hard at our Annual Meeting and<br />

Convention, thank you. You heard me say in my remarks on Tuesday of the meeting this is the<br />

beginning of a discussion that I intend never to end.<br />

Thank you for your warm welcome and candid conversations. I find all of them most helpful.<br />

Shortly, you will receive numerous ongoing 60-second updates from me that will be timely and<br />

brief. I believe you learn more when less is said.<br />

With that, we will do everything possible to provide you with information on the latest hot<br />

issues like F4A Federal Preemption, Hours of Service, Entry Level Driving Training and Safety<br />

Fitness Determination to name a few … and to be “The Voice of <strong>Truckload</strong>.”<br />

Happy trucking, John<br />

John Lyboldt<br />

President<br />

<strong>Truckload</strong> Carriers Association<br />

jlyboldt@truckload.org<br />

PRESIDENT’S PICKS<br />

Capitol Recap<br />

Updates on safety fitness, out-of-service,<br />

military pilot program and more.<br />

Page 10<br />

Not-So New Abnormal<br />

Has mediocre economic growth become the<br />

new normal and should we accept it?<br />

Page 20<br />

Growing TCA<br />

<strong>Truckload</strong> Refueled is our new membership<br />

initiative. Find out what it’s all about.<br />

Page 31<br />

TCA <strong>2016</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong>


<strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2016</strong>


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SPRING | TCA <strong>2016</strong><br />

Legislative Look-In<br />

Raising the<br />

Bar<br />

After many years of trying, FMCSA finally has the<br />

jump on standards for entry-level driver training.<br />

The Federal Motor Carrier Safety Administration<br />

March 7 formally proposed a set of comprehensive<br />

national prerequisite training standards<br />

for entry-level commercial truck and bus operators<br />

seeking to obtain a commercial driver’s license.<br />

The Notice of Proposed Rulemaking reflects<br />

consensus recommendations of a negotiated<br />

rulemaking committee comprising FMCSA representatives<br />

and 25 stakeholders and responds to a<br />

Congressional mandate imposed under the Moving<br />

Ahead for Progress in the 21st Century Act.<br />

Public comment is sought as the next phase of<br />

the rulemaking.<br />

Under the proposal, applicants seeking a “Class<br />

A” CDL — necessary for operating a combination<br />

tractor-trailer type vehicle weighing 26,001<br />

pounds or more — would be required to obtain a<br />

minimum of 30 hours of behind-the-wheel training<br />

from an instructional program that meets<br />

FMCSA standards, including a minimum of 10<br />

hours of operating the vehicle on a practice<br />

driving range.<br />

Applicants seeking a “Class B” CDL — necessary<br />

for operating a heavy straight truck<br />

(such as a dump truck or box truck) or a<br />

school bus, city transit bus, or motor coach<br />

— would be required to obtain a minimum<br />

of 15 hours of behind-the-wheel training, including<br />

a minimum of seven hours of practice<br />

range training.<br />

There is no proposed minimum number of<br />

hours that driver trainees must spend on the<br />

classroom portions of any of the individual<br />

curricula.<br />

<strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2016</strong>


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Mandatory, comprehensive training in all 50 states,<br />

the District of Columbia, and all U.S. territories would<br />

apply to the following individuals under the proposal:<br />

• First-time CDL applicants<br />

• A previously disqualified CDL holder seeking to reacquire a license, and<br />

• Current CDL holders seeking a license upgrade (e.g., a Class B CDL holder seeking a Class A CDL)<br />

or an additional endorsement (necessary, e.g., to transport hazardous materials, operate a tank<br />

truck, school bus, motor coach, or pull double and/or triple trailers).<br />

These individuals would be subject to the proposed entry-level driver training<br />

requirements and must complete a course of instruction provided by an entity that:<br />

• Meets the minimum qualifications for training providers<br />

• Covers the curriculum<br />

• Is listed on FMCSA’s proposed Training Provider Registry, and<br />

• Submits electronically to FMCSA the training certificate for each individual who completes the training.<br />

“A diverse group of commercial motor vehicle<br />

stakeholders completed a tremendous<br />

amount of work, and that effort resulted in an<br />

unprecedented consensus,” said FMCSA Acting<br />

Administrator Scott Darling. “We’ve designated<br />

<strong>2016</strong> as our ‘Year of Partnerships’ and these<br />

comprehensive entry-level driver training standards<br />

exemplify our commitment to working<br />

closely with our safety partners, including state<br />

and local law enforcement, the safety advocacy<br />

community, and all other stakeholders to reduce<br />

crashes and to save lives.”<br />

Under the proposal, military drivers, farmers<br />

and firefighters would continue to remain<br />

generally exempt from the federal CDL requirements.<br />

The proposed rule also applies to entities<br />

that train CDL applicants.<br />

Such providers would, at a minimum, offer<br />

and teach a driver training curriculum that<br />

meets all FMCSA standards as set forth in the<br />

NPRM.<br />

Training providers meeting these requirements<br />

would be eligible to be listed on FMCSA’s<br />

Training Provider Registry (TPR). These providers<br />

would have to continue to meet the required<br />

criteria in order to remain listed on the TPR. In<br />

addition, training providers would, at FMCSA’s<br />

request, be required to supply documentary<br />

evidence to verify their compliance with the<br />

eligibility requirements. The NPRM also proposes<br />

an administrative process for providers<br />

removed from or reinstated to the TPR.<br />

The proposed rule was developed with heavy<br />

input from the FMCSA’s Entry-Level Driver<br />

Training Advisory Committee (ELDTAC), which<br />

met for six two-day negotiating sessions starting<br />

in February 2015 until reaching consensus<br />

in May 2015.<br />

The ELDTAC included FMCSA representatives<br />

and a cross-section of 25 representatives<br />

from motor carrier transportation, highway<br />

safety, driver training, state licensing, law enforcement,<br />

labor union, and insurance organizations.<br />

<strong>Truckload</strong> Carriers Association Director of<br />

Safety and Policy Dave Heller is a member of<br />

ELDTAC.<br />

“Every truck driving school I’ve talked to has<br />

waited on this for a number of years as far back<br />

as I can remember,” Heller said.<br />

The Owner-Operator Independent Drivers<br />

Association said it was generally pleased with<br />

the proposed rule.<br />

Commented OOIDA Executive Vice President<br />

Todd Spencer: “We are still reviewing the rule<br />

and will likely have some questions for clarification<br />

on some provisions. In general, we view<br />

the proposal positively and are encouraged to<br />

see the agency continue to make strides toward<br />

a final, solid rule.”<br />

The NPRM would apply to entities that train,<br />

or expect to train, entry-level drivers, also referred<br />

to as driver-trainees. Training providers<br />

must, at a minimum, offer and teach a training<br />

curriculum that meets all FMCSA standards<br />

for entry-level drivers and must also meet requirements<br />

related to: course administration;<br />

qualifications for instructional personnel; assessments,<br />

issuance of training certificates;<br />

and training vehicles (i.e., equipment). Training<br />

providers must also attest that they meet the<br />

specified requirements, and in the event of an<br />

FMCSA audit or investigation of the provider,<br />

must supply documentary evidence to verify<br />

their compliance. The NPRM also proposes conforming<br />

changes to parts 383 and 384.<br />

The proposed compliance date is three years<br />

after the effective date of the final rule, which<br />

would provide states with sufficient time to<br />

pass necessary implementation legislation, to<br />

modify their information systems to begin recording<br />

the training provider’s certificate information<br />

on the Commercial Driver’s License Information<br />

System (CDLIS) driver record, and to<br />

begin making that information available from<br />

the CDLIS driver record. This proposed phasein<br />

period would also allow time for the driver<br />

training industry to develop and begin offering<br />

training programs that meet the eligibility requirements<br />

for listing on the TPR.<br />

The NPRM assumes that the rule would impact<br />

newly trained drivers starting in 2020.<br />

Thus, the agency says that for the 10-year<br />

period 2020-2029, the rule would prevent 115<br />

fatal crashes, 2,364 injury crashes and 7,857<br />

property damage-only crashes.<br />

Efforts to have a formal entry-level driving<br />

training rule go all the way back to the early<br />

1980s when the Federal Highway Administration’s<br />

Office of Motor Carriers, the predecessor<br />

to FMCSA, determined that there was a need<br />

for technical guidance in the area of truck driver<br />

training.<br />

The need was based on a Government Accountability<br />

Office report stating that a large<br />

percentage of truck crashes are due to driver<br />

error.<br />

Research further showed that few driver<br />

training institutions then offered a structured<br />

curriculum or a standardized training program,<br />

and also showed that for motor coaches and<br />

school buses, nearly the entire capacity for entry-level<br />

training was provided by the fleet operators,<br />

and not by training schools.<br />

To begin to develop a Model Curriculum, in<br />

1986 the motor carrier, truck driver training<br />

schools, and insurance industries created the<br />

Professional Truck Driver Institute (PTDI) to<br />

certify high-quality training programs offered<br />

by training institutions.<br />

The Model Curriculum, as updated over time,<br />

remains the centerpiece of many training programs<br />

currently offered. It provided the starting<br />

point for the entry-level driving training curricula<br />

requirements proposed in the NPRM.<br />

The Professional Truck Driver Institute is<br />

managed by the <strong>Truckload</strong> Carriers Association.<br />

<strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2016</strong>


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CapItol recap<br />

A review of important news coming out of our nation’s capital.<br />

By Lyndon Finney, Dorothy Cox and Jack Whitsett<br />

Since mid-March, the Federal Motor Carrier Safety<br />

Administration has been engaged in its own version of<br />

March Madness, designating three drivers, three carriers,<br />

four motor coach companies and one limousine company<br />

as imminent hazards to the safety of motorists on the nasAFETY<br />

FITNESS RATING<br />

The proposed rule updating the federal government’s<br />

safety fitness determination (SFD) for motor carriers<br />

will present carriers with a fixed target to remain<br />

approved to operate that will not be affected by other carriers’<br />

ratings, DOT officials said April 7 in a conference<br />

call with the media.<br />

“It’s a proposed change that lays out a new standard<br />

for determining if a carrier is fit to operate,” said Joseph<br />

P. DeLorenzo, director of enforcement and compliance for<br />

the Federal Motor Carrier Safety Administration, adding<br />

that the proposed rule would not use relative percentiles<br />

from other carriers in determining a motor carrier’s fitness<br />

to operate.<br />

“Carriers always know what the target is” under the<br />

proposed rule, he said. “In the proposed rulemaking, we<br />

lay out specifically what the standard is. There’s a calculation<br />

called the absolute measure. If you’re under that<br />

measure you’re OK.” The target would not change in the<br />

absence of a completely new rule, he added.<br />

FMCSA published the proposed rulemaking January<br />

21.<br />

In it, the agency said the proposed SFD rule would replace<br />

the current three-tier federal rating system of “satisfactory–conditional–unsatisfactory”<br />

for federally regulated<br />

commercial motor carriers (in place since 1982) with a<br />

single determination of fit or unfit, which would require the<br />

carrier to either improve its operations or cease business.<br />

“This update will help the agency focus on carriers<br />

with a higher crash risk. Carriers that we identify as unfit<br />

to operate will be removed from our roadways until they<br />

improve,” said FMCSA Acting Administrator Scott Darling<br />

in an agency news release.<br />

That’s good as far as it goes, said Dave Heller, director<br />

of safety and policy for the <strong>Truckload</strong> Carriers Association<br />

(TCA), but more data and inspections are needed.<br />

“Actually having a set bar would be a good thing,” Heller<br />

said. “[But] the data is not wholly accurate. This is just<br />

for the carriers that have data. There are still carriers that<br />

don’t have data. They’re not getting inspected” due to their<br />

size, the lanes they operate in, the areas in which they are<br />

based, etc.<br />

“What about those carriers?” he said. “Why aren’t we<br />

developing some kind of program” to ensure that all carriers<br />

have inspection and safety data? “The set bar is a<br />

good thing, but … inevitably you’re going to make decisions<br />

based on bad data. You need to judge all carriers, not<br />

just [the ones who have inspection data].”<br />

Once in place, the SFD rule will permit FMCSA to assess<br />

the safety fitness of what it estimated to be 75,000<br />

companies a month. By comparison, the agency is now<br />

only able to investigate 15,000 motor carriers monthly —<br />

with less than half of those companies receiving a safety<br />

rating, the agency said.<br />

The proposed rule “further incorporates rigorous data<br />

sufficiency standards and would require that a significant<br />

pattern of non-compliance be documented in order for a<br />

carrier to fail a BASIC,” an FMCSA news release stated.<br />

Heller agreed that FMCSA could do appreciably more<br />

inspections under the proposed rule.<br />

“The math on it is accurate,” he said. “They could conceivably<br />

do more carriers, but they’re not doing every carrier.<br />

If they’re rating carriers unfit, is it safe to assume that if<br />

a carrier doesn’t have an unfit rating they are fit?”<br />

When assessing roadside inspection data results, the<br />

proposal uses a minimum of 11 inspections with violations<br />

in a single BASIC within a 24-month period before<br />

a motor carrier could be eligible to be identified as “unfit.”<br />

If a carrier’s individual performance meets or exceeds the<br />

failure standards in the rule, it would then fail that BASIC.<br />

The failure standard would be fixed by the rule. Failure of<br />

a BASIC based on either crash data or compliance with<br />

drug and alcohol requirements would only occur following<br />

a comprehensive investigation.<br />

FMCSA estimates that under this proposal, less than<br />

300 motor carriers each year would be proposed as “unfit”<br />

solely as a result of on-road safety violations. “Further, the<br />

agency’s analysis has shown that the carriers identified<br />

through this on-road safety data have crash rates of almost<br />

four times the national average.”<br />

The agency’s ruling announcement came just days<br />

after a group representing small business industry associations<br />

and alliances sent a letter to five congressmen<br />

complaining that the proposal as first announced by Darling<br />

January 11 flies in the face of the latest highway bill or<br />

FAST Act passed by Congress.<br />

Language in the act forbids FMCSA from publishing any<br />

Notice of Proposed Rulemaking (NPRM) that would lead<br />

to a major rule until the agency either issues an Advanced<br />

Notice of Proposed Rulemaking (ANPRM) or a negotiated<br />

rulemaking and considers a “regulatory impact analysis” of<br />

its repercussions on the motor carrier industry.<br />

The agency can seek a waiver for technical or timesensitive<br />

matters, but the letter argues that this is neither<br />

and that it is definitely a “major” rule.<br />

The letter argued that there are numerous studies<br />

“showing the statistical defects of SMS scores and demonstrating<br />

the disparate impact of such ‘on-road data’ on<br />

small carriers.”<br />

And it said this data is skewed because of compliance<br />

and enforcement varying from state to state; the lack of sufficient<br />

roadside data to measure “90 percent of regulated<br />

carriers” as stated in a Government Accountability Office<br />

(GAO) report; the inability to determine crash preventability<br />

in assessing carrier safety performance and “the inherent<br />

instability of SFDs for small carriers based on monthly<br />

changes in their on-road safety performance data.<br />

“The undersigned associations have repeatedly pointed<br />

out that any use of roadside data to characterize the<br />

safety performance of small carriers is statistically flawed<br />

due to the law of larger numbers, which GAO has confirmed<br />

and which Congress has required the National Research<br />

Council of the National Academies to address.” The<br />

letter was dated Tuesday, January 12, and signed by Scott<br />

Klever, president of the Air & Expedited Motor Carrier Association;<br />

Mike Pettrey, president of The Expedite Alliance<br />

of North America; William D. Bierman, executive director of<br />

the Transportation Loss Prevention & Security Association;<br />

David Owen, president of the National Association of Small<br />

Trucking Companies (NASTC ); David Purvis, executive director<br />

of the Specialized Furniture Carriers at the American<br />

Home Furnishings Alliance; William P. Schroeder, general<br />

manager of the Auto Haulers Association of America; Tom<br />

Sanderson, chairman of the Alliance for Safe, Efficient and<br />

Competitive Truck Transportation; and Joe Rajkovacz, director<br />

of governmental affairs and communications for the<br />

Western States Trucking Association.<br />

NASTC’s David Owen said he was “appalled at the<br />

agency’s arrogance or ignorance. If I was in Congress I’d<br />

be livid.”<br />

The same interests wrote to Darling April 11 calling<br />

the proposed rulemaking “premature” and accusing the<br />

agency of “choosing simply to dig in and defend its proposal,”<br />

rather than considering the “widespread concern”<br />

in the trucking industry regarding the rule. The letter accuses<br />

FMCSA of “sophistry” and of failing to provide data<br />

requested under the Freedom of Information Act.<br />

Asked why the agency held a conference call to discuss<br />

aspects of the proposed rule that have already been<br />

publicly discussed, DeLorenzo said FMCSA wished to encourage<br />

public comments on the rule.<br />

“Up to this point we haven’t gotten a lot of substantive<br />

comments,” he said. “We really want to get folks’ feedback.<br />

It’s really an important time.”<br />

Typically, though, the agency doesn’t receive a large<br />

number of such comments until closer to the deadline,<br />

which is May 23, he said. TCA will be filing comments on<br />

this issue “reflective of the views of our members,” Heller<br />

said.<br />

The concept of Safety Measurement Systems (SMS)<br />

is being studied by the National Academy of Sciences<br />

(NAS), DeLorenzo said, adding that recommendations<br />

from the NAS study could be incorporated into a final rule.<br />

The FMCSA has developed an online SFD calculator<br />

as an educational tool to show carriers how their safety<br />

fitness may be calculated under the proposed SFD regulations<br />

using their current safety information, DeLorenzo<br />

said. It is available at https://csa.fmcsa.dot.gov/sfd/<br />

SFDCalculator.aspx.<br />

The proposed rule also allows carriers more flexibility<br />

in dealing with an unfit rating, DeLorenzo added.<br />

“At that point in time it’s not a final determination,” he<br />

said. “There are several different options” aside from an<br />

appeal, including an opportunity to correct data.<br />

“Also there’s simply the opportunity to come back to<br />

the agency and say ‘we’ve made these changes.’”<br />

out-of-service issues<br />

10 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2016</strong>


tion’s roads and highways — and rightly so.<br />

Some of the reasons for the action border on ridiculous behavior on the part of the<br />

parties put out-of-service.<br />

One carrier was put OOS because the FMCSA said it failed to conduct pre-employment<br />

background checks on drivers, failed to ensure drivers were qualified before<br />

dispatching them in commercial operations, failed to properly monitor drivers to ensure<br />

compliance with Hours of Service, failed to conduct random drug and alcohol tests on<br />

drivers, and failed to ensure that its vehicles were regularly inspected, maintained and<br />

repaired and to meet minimum safety standards.<br />

Another carrier was put OOS for the identical reasons, plus using a driver who tested<br />

positive for a controlled substance.<br />

After a third carrier was involved in a fatal accident, the investigation, which revealed<br />

the driver — himself killed in the accident — had numerous Hours of Service<br />

(HOS) violations, the FMCSA showed up at the door of the carrier and noted they<br />

were unable to produce vehicle maintenance records, including servicing schedules,<br />

or documentation otherwise indicating that the company had a vehicle maintenance<br />

program; failed to provide drivers’ vehicle inspection reports or evidence that drivers<br />

undertook federally required pre-trip and post-trip safety inspections; lacked evidence<br />

that defects identified in past roadside inspections had been corrected before allowing<br />

that particular vehicle to be dispatched again; couldn’t show records for a majority<br />

of their drivers addressing driver qualification documentation, leading the carrier to<br />

dispatch multiple drivers that possessed suspended or invalid CDLs; had no medical<br />

examiner’s certificates for their drivers; lacked complete records-of-duty status for their<br />

drivers or supporting documents, such as fuel and toll receipts; and had no records<br />

for a majority of drivers documenting that they underwent mandatory pre-employment<br />

controlled substances tests before performing a safety-sensitive function — including<br />

operating a commercial motor vehicle.<br />

One of the drivers put OOS was caught operating his truck while driving under the<br />

influence with a blood alcohol level of 0.308 percent — nearly seven times the limit set<br />

by federal statute. On that occasion, the driver was also cited for possession of an intoxicating<br />

beverage while on-duty or driving and for failing to retain driver logbooks for<br />

the previous seven-day period. Previously, he had been convicted twice in Connecticut<br />

on alcohol-related violations while operating a commercial motor vehicle and once in<br />

Massachusetts.<br />

Another driver on four separate occasions over the course of four days in March was<br />

ordered OOS by state roadside safety inspectors for falsifying records-of-duty status and<br />

egregiously violating HOS limitations designed to prevent fatigued driving. In each of the<br />

first three instances, he willfully disregarded the OOS order and continued operating his<br />

commercial truck, including surreptitiously removing the vehicle from a storage facility<br />

where it had been towed.<br />

The limo company put OOS was using a 20-year-old driver in the business of interstate<br />

commerce and was cited for several HOS violations.<br />

On March 25, a commercial passenger vehicle operated by Lyons Limousine was<br />

involved in a single vehicle crash on Interstate 90 in Elgin, Illinois, resulting in the fatality<br />

of one passenger and injury to several others. The Lyons Limousine driver involved in the<br />

crash was only 20 years old; the federal regulations require interstate commercial drivers<br />

be at least 21 years old. FMCSA’s investigation showed that the same under-aged driver<br />

had been dispatched by the company on at least two other occasions in March.<br />

Each of the four passenger carriers was found to have intentionally provided a misleading<br />

and/or false physical address as its principal place of business. Federal safety<br />

regulations prohibit a registered motor carrier from falsely designating its physical address/principal<br />

place of business when the motor carrier is not engaged in business operations<br />

related to the commercial transportation of persons or property at that location.<br />

“I think we need to emphasize the ridiculousness of the reasons,” said Dave Heller,<br />

director of safety and policy at the <strong>Truckload</strong> Carriers Association. “It’s the ridiculousness<br />

on the part of the carriers and the drivers. I think it’s fair to point out that the agency is<br />

acting in a manner that is removing operators from the road that are not operating in<br />

the purest sense of safety. We don’t have a single carrier member that would do any of<br />

these things.”<br />

He applauded the agency’s initiative in taking a strong stance against carriers and<br />

drivers violating federal regulations.<br />

“We as an industry cannot advocate a non-compliant situation,” Heller said. “So when<br />

they have drivers that are going above and beyond in a non-compliant fashion, it’s just<br />

not good for our industry when we are trying to advocate for certain things. These are the<br />

bad apples that are putting our industry in a negative light.”<br />

What’s more, the agency’s recent actions — accomplished with limited resources<br />

— may be only touching the surface, Heller said, noting that there are more than 500,000<br />

registered motor carriers.<br />

“I wouldn’t say it’s an epidemic, but there is a plethora [of non-compliant carriers],”<br />

J. J. KELLER’S ELD INSIGHTS<br />

HOS Exemptions & the Risk<br />

of Non-Compliance<br />

Federal Motor Carrier Safety Regulations (FMCSRs) set minimum standards for<br />

safe truck and bus operations, but not everyone has to play by the same rules.<br />

Federal Hours of Service (HOS) rules, for example, contain some of the most<br />

widely used exemptions in the industry. However, if used improperly, an HOS<br />

exemption could cause significant risk to your operations. The following is an<br />

overview of how the HOS and ELD rules apply under FMCSRs:<br />

Exempt from FMCSRs<br />

Some operations are entirely exempt from FMCSRs, including HOS rules.<br />

Among those qualifying for this exemption are government-operated<br />

vehicles, vehicles providing direct assistance during a government-declared<br />

emergency, and vehicles performing emergency towing operations upon<br />

police request. Additionally, CMVs involved only in intrastate commerce are<br />

subject to state, versus federal, regulation.<br />

Exempt from HOS<br />

On the other hand, some motor carriers and drivers may be subject to<br />

FMCSRs, but exempt from all HOS rules in 49 CFR Part 395 when using<br />

vehicles for specific purposes. These include the transportation of<br />

agricultural commodities during peak season, the use of a utility service<br />

vehicle to maintain or repair utility-related facilities or structures, and<br />

railroad signal system work performed by federally regulated railroad<br />

employees or contractors.<br />

Exempt from logs<br />

Even drivers who are subject to HOS rules may be exempt from standard<br />

logging requirements. Common log exemptions are:<br />

• 100-air-mile (Section 395.1(e)(1)): Exempts drivers from normal “grid”<br />

log and 30-minute break requirements. However, the exemption<br />

includes tricky details regarding vehicle type, driver classification,<br />

and time off, and requires keeping a time record versus a standard log.<br />

• 150-air-mile (Section 395.1(e)(2)): Only available to property-carrying<br />

drivers who are not required to have a commercial driver’s license<br />

(CDL). The provision exempts drivers from standard grid logs, the<br />

30-minute break, and (twice per week) the 14-hour limit.<br />

Exempt from ELDs<br />

In addition to the exemptions noted above, some drivers, such as those with<br />

infrequent driving schedules or those participating in “driveaway-towaway”<br />

operations, are allowed to use paper logs despite the ELD final rule.<br />

Know the Risks<br />

Though this list provides a summary of HOS exemptions, each<br />

should be understood in detail before being implemented.<br />

Learn more by downloading our complete “Weighing<br />

the Risk of HOS Exemptions” whitepaper, free at<br />

JJKeller.com/ELogs.<br />

To learn about J. J. Keller’s Encompass® ELD and E-Log system,<br />

see the ad in this publication or visit JJKeller.com/ELogs.<br />

with E-Logs<br />

TCA <strong>2016</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 11


Heller said. “The agency is putting its best foot forward trying to eliminate them from<br />

our highways.”<br />

Heller said he hoped smaller carriers would emulate the safety focus of trucking<br />

associations such as TCA.<br />

“I think what we as an industry and an organization can do is to continue to put our<br />

best safety foot forward,” he said. “Practicing what we preach would be a best case<br />

scenario. Leave no doubt our members are the safest one can prescribe to. That’s<br />

what our industry can do, too, and that’s what our members do, drawing a clear and<br />

definite line in the sand of who is safe and who indeed is not.”<br />

Heller noticed the precedent set by the agency’s recent actions.<br />

“There has never been such a media publication of these things that are happening,<br />

which is good for the industry,” Heller said. “It is making those non-compliant players aware<br />

of the ramifications that will happen to them if they continue down that road. Our TCA<br />

members don’t have this to worry about. They are not operating in this fashion.”<br />

Poster Salutes Drivers<br />

A number of organizations representing the commercial truck and bus industries<br />

on March 14 presented the Federal Motor Carrier Safety Administration with a poster<br />

honoring 76 professional drivers for their millions of miles of accident-free driving.<br />

“As an association which represents the safety interests of an industry that is constantly<br />

under the microscope, we are grateful for the opportunity to applaud the efforts of<br />

our commercial drivers who succeed daily in the one part of their job that truly matters,<br />

driving safely,” said Dave Heller, <strong>Truckload</strong> Carriers Association director of safety and<br />

policy. “Our hope is that their accomplishments don’t go unnoticed and rather than focus<br />

on the underperformers in our industry, our nation and its elected officials take the time<br />

to appreciate those who do set the bar for an industry that strives for perfection.”<br />

The FMCSA said the poster will be hung in a formal event later this year.<br />

The poster is the trucking and bus industries’ counterpoint to a poster memorializing<br />

victims of large truck and bus crashes placed at FMCSA headquarters in December<br />

2009 by safety advocacy groups.<br />

mILITARY PILOT PROGRAM<br />

The Federal Motor Carrier Safety Administration is in the process of planning the<br />

implementation of the so-called “Military Pilot Program” that would test the ability of 18-<br />

to 21-year-old men and women to drive interstate routes on the nation’s highways.<br />

Currently, drivers holding a CDL must be 21 years old to drive interstate.<br />

Drivers under 21 with a CDL can drive intrastate, but legally can’t cross a state line to<br />

deliver to a city whose boundaries abut, even though they are in different states.<br />

The pilot is a provision of the Fixing America’s Surface Transportation (FAST) Act<br />

that would allow select U.S. military personnel between 18 and 21 years of age to<br />

operate a commercial motor vehicle in interstate commerce.<br />

No date has been set to actually begin the pilot, nor does the FAST Act say how<br />

long it must run, only that not later than one year after the date on which the pilot<br />

is concluded, the Secretary of Transportation must submit to Congress a report<br />

describing the findings of the pilot and the recommendations of a working group<br />

that has been monitoring the program.<br />

The FAST Act requires the working group to consist of representatives of the<br />

Armed Forces, industry, drivers, safety advocacy organizations and state licensing<br />

and enforcement officials.<br />

Participants in the pilot must be between the ages of 18 and 21, be a member<br />

or former member of the Armed Forces or reserve components of the Armed<br />

Forces and qualified in a military occupational specialty to operate a commercial<br />

motor vehicle or similar vehicle.<br />

The <strong>Truckload</strong> Carriers Association is supportive of the pilot program.<br />

“With the lack of data out there that surrounds the 18- to 21-year-old driver,<br />

any effort to gather that type data we would support entirely. The 18- 21-year-old<br />

interstate driver data is obviously an unstudied group,” said Dave Heller, director<br />

of safety and policy at TCA.<br />

There are some in the trucking industry that believe the FMCSA should not limit<br />

pilot program participants to just military veterans.<br />

Limiting the pilot, they said, will yield a very small study population.<br />

Trucking executives and recruiters have long sought a way to get more young<br />

men and women into trucking but readily point out that men and women ages 18,<br />

19 and 20 who might be interested in becoming a professional truck driver are put<br />

off by the 21-year-old requirement to drive interstate routes.<br />

Those men and women often join other trades, and some who intend to become<br />

truck drivers when they are old enough, never follow up because they are<br />

now entrenched in another career.<br />

vETERAN tRANSITION<br />

The Federal Motor Carrier Safety Administration has issued a Notice of Proposed<br />

Rulemaking that proposes amendments to the Commercial Driver’s License<br />

regulation that the FMCSA says would ease the transition of military personnel<br />

into civilian careers in the truck and bus industries by simplifying the process of<br />

obtaining a commercial learner’s permit or a CDL.<br />

The proposal stems from a requirement in MAP-21, the transportation bill<br />

passed in 2012, to assess federal and state regulatory, economic and administrative<br />

challenges faced by members and former members of the Armed Forces<br />

who received safety training and operated qualifying motor vehicles during their<br />

service, in obtaining CDLs.<br />

This NPRM makes permanent a temporary exemption granted July 8, 2014, to<br />

extend the skills test waiver from 90 days to one year after leaving a military position<br />

requiring the operation of a commercial motor vehicle (CMV).<br />

It also would allow states to accept applications and administer the written and<br />

skills tests for a CLP or CDL from active-duty military personnel who are stationed<br />

in that state.<br />

States that choose to accept such applications would be required to transmit<br />

the test results electronically to the state of domicile of the military personnel.<br />

The state of domicile would be required to issue the CDL or CLP on the basis<br />

of those results.<br />

This process would enable service members to complete their licensing requirements<br />

without incurring the time and expense of returning home, the NPRM<br />

says.<br />

The state of domicile would be required to issue the CLP or CDL in accordance<br />

with otherwise applicable procedures.<br />

Currently, former military personnel who were regularly employed in the preceding<br />

90 days in a military position requiring the operation of a CMV may apply<br />

for a skills test waiver if they meet certain conditions.<br />

To date, more than 10,000 separated military personnel have taken advantage<br />

of the Skills Test Waiver.<br />

In the November 2013 report to Congress, “Program to Assist Veterans to Acquire<br />

Commercial Driver’s Licenses,” the FMCSA concluded that lengthening that<br />

period would ease the transition of service members and veterans to civilian life.<br />

The trucking industry has in the past few years turned to former military CMV<br />

drivers to help ease the driver shortage.<br />

The FMCSA has also launched a new Web page to serve as a one-stop shop<br />

on initiatives and resources for military service members transitioning to civilian<br />

life, the agency said.<br />

Through this site, those who operated large vehicles while in uniform can identify<br />

a clear a path to new careers in transportation and provide the truck and bus<br />

industries with skilled, safe drivers.<br />

12 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2016</strong>


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Asleep at the Wheel ...<br />

R<br />

egarding the federal government’s Advanced<br />

Notice of Proposed Rulemaking (AN-<br />

PRM) last month on obstructive sleep apnea<br />

(OSA), the trucking industry would like to see<br />

some scientific evidence linking the condition<br />

to crashes.<br />

The industry needs to see “sound data,”<br />

said Dave Heller, director of safety and policy<br />

for the <strong>Truckload</strong> Carriers Association. “Tying<br />

sleep apnea to accidents is like the chicken<br />

and the egg; we’ve heard it anecdotally but<br />

we need to see it. This industry puts safety<br />

first. It’s no problem to make changes but we<br />

need to see that they’re justified. Most drivers<br />

have no quibble with the fact that actual OSA<br />

patients find a much healthier, enjoyable lifestyle<br />

with a CPAP. The crux, however, is that<br />

there has been no clear link shown between<br />

OSA and a risk for crashes.”<br />

Following a joint announcement March 8<br />

of the ANPRM by the Federal Motor Carrier<br />

Safety Administration and the Federal Railroad<br />

Administration, the American Trucking<br />

Associations said it was “pleased” that DOT is<br />

“taking the time to solicit input and data from<br />

the industry and the public on this important<br />

safety issue because we believe regulations<br />

— including one that might possibly address<br />

obstructive sleep apnea — should be based<br />

upon sound data and analysis.”<br />

However, the statement added, “ … DOT<br />

needs to understand the scope of the problem,<br />

the number of crashes that directly result from<br />

sleep apnea and determine if there is a need<br />

for a solution that can improve safety, but in a<br />

way that is both effective and cost-beneficial<br />

to drivers and fleets.”<br />

“This is just the starting point” as far as a<br />

(or not); trucking wants ‘sound data’ linking OSA to crashes<br />

final rulemaking goes, said Dr. Michael Megehee,<br />

founder and president of Team CME, a<br />

group of some 600 medical examiners across<br />

the country which has a partnership with the<br />

Owner-Operator Independent Drivers Association<br />

(OOIDA) to provide OSA drivers “safe,<br />

reasonable and fair services.”<br />

Megehee, a doctor of chiropractic, said a<br />

rulemaking is, unfortunately, “a long process,”<br />

but it’s “the most fair.”<br />

In fact, Heller and other stakeholders say<br />

a final rule could be as many as four years<br />

away.<br />

“We welcome this,” said Megehee, adding<br />

that with FMCSA’s guidance thus far it had<br />

been difficult for medical examiners “to know<br />

what was going on. We’re excited and supportive<br />

of a future rulemaking.”<br />

FMCSA called on Megehee in 2005 to help<br />

the agency get its registry of certified medical<br />

examiners up and running and he helped<br />

write the ME certification tests and develop ME<br />

training.<br />

Indeed, most trucking stakeholders agree<br />

that a rulemaking would be better than the<br />

previous guidance for several reasons, not<br />

the least of which is that drivers and carriers<br />

can give their on-road experiences and suggestions.<br />

They said they were glad to see that<br />

FMCSA not only said it wants to “ensure consistency”<br />

in a final rule but that the agency was<br />

urging stakeholders to beware of appearances<br />

of impropriety regarding testing and treating.<br />

Lest drivers and carriers believe comments<br />

about ups and downs with OSA, CPAP machines<br />

and sleep tests won’t be given more<br />

than a cursory glance by FMCSA, stakeholders<br />

say “not so.”<br />

By Dorothy Cox<br />

Said OOIDA’s Scott Grenerth, director of<br />

regulatory affairs and a former owner-operator:<br />

“This is one issue where driver comment<br />

won’t be a problem.” After all, he said,<br />

truck radio lines light up at the mention of the<br />

words, sleep apnea.<br />

But, said Grenerth, the “absolute, No. 1<br />

over-arching top of the list” on the OSA issue<br />

is if there is really a bona fide link between<br />

sleep apnea and crash risk. FMCSA is acknowledging<br />

they need the data to prove this, he<br />

said.<br />

Just days after FMCSA released its ANPRM,<br />

which is the fact-finding stage of the rule, a<br />

University of Minnesota Morris study was released<br />

that said truck drivers diagnosed with<br />

OSA who refuse treatment have a fivefold<br />

increase in the risk of serious, preventable<br />

crashes. The study was drawn from data supplied<br />

by Schneider, which also helped fund the<br />

project, and its OSA services provider, Precision<br />

Pulmonary Diagnostics (PPD).<br />

“Conducted by faculty, staff and student<br />

researchers and supported by the Roadway<br />

Safety Institute [a DOT transportation center]<br />

at the University of Minnesota Twin Cities,<br />

this is the largest study of sleep apnea<br />

and crash risk among commercial motor vehicle<br />

drivers to date,” stated a University of<br />

Minnesota news release on the study titled<br />

“Non-adherence with Employer-Mandated<br />

Sleep Apnea Treatment and Increased Risk of<br />

Serious Crashes.”<br />

According to the American Academy of Sleep<br />

Medicine, the report — made public March 22<br />

— involved 1,613 truck drivers with OSA and<br />

an equal number of control drivers who were<br />

matched by job experience and tenure with<br />

14 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2016</strong>


the trucking firm. Drivers who were diagnosed<br />

with sleep apnea were prescribed positive airway<br />

pressure (PAP) therapy and were given<br />

an auto-adjusting machine that could be used<br />

both at home and in the truck sleeper berth<br />

while on the road. Objective treatment adherence<br />

data were downloaded from the PAP<br />

machine’s internal memory chip.”<br />

Jon Anderson, professor of statistics at<br />

Morris, said, “I expect our sleep apnea findings<br />

will be carefully considered in the rulemaking<br />

process on sleep apnea standards for<br />

truck drivers and train operators just launched<br />

… by the U.S. Department of Transportation.”<br />

Stakeholders are wondering just what WILL<br />

be in the final rule.<br />

“Who knows” what will be in it; that will<br />

depend on what kinds of comments come in,<br />

which is why it’s important for drivers to comment,<br />

said driver and OSA patient Bob Stanton,<br />

co-coordinator of Truckers for a Cause, a<br />

patient support group for truck drivers under<br />

treatment for OSA, and who is also active in<br />

lobbying and educational efforts as they apply<br />

to FMCSA medical certification guidelines.<br />

FMCSA needs to hear “from everybody,”<br />

agreed Heller. “They need them [comments]<br />

to form the rulemaking. I advocate for anybody<br />

to send comments. People may say government<br />

never listens but they will read the<br />

comments.”<br />

One of Stanton’s major questions about a<br />

sleep apnea rule has to do with drivers who<br />

have tested negative for OSA. “I can’t get a<br />

straight answer on how long a negative test is<br />

good for,” he said.<br />

No one knows for sure, either, whether<br />

there will be specific body-mass index (BMI)<br />

or neck size criteria. It’s Megehee’s belief that<br />

a sleep study shouldn’t be ordered on those<br />

two things alone, but also on “observed apneas”<br />

or cessations of breathing by spouses<br />

or partners, and that a “comorbidity” or cooccurring<br />

condition such as diabetes, also be<br />

present.<br />

Another of Stanton’s concerns is whether<br />

FMCSA will continue to allow at-home sleep<br />

tests or mandate sleep lab studies, which are<br />

more expensive and can sideline a trucker for<br />

a greater length of time — adding to the costs<br />

incurred.<br />

However, Heller said when it comes down<br />

to it, “Is the cost [of testing] justifiable? Yes it<br />

is. Drivers need to be proactive on their medical<br />

cards; it’s not our medical card, not our<br />

CDL, it’s theirs.”<br />

Another question is if home testing is allowed,<br />

how will the rule handle chain of custody<br />

for test results to assure the findings are<br />

from the person ordered to take the test?<br />

Then there’s the time being off the road involved<br />

in getting an in-lab study. Because of<br />

the growing awareness among the non-trucking<br />

public about sleep problems and sleep deprivation,<br />

it’s harder than ever to get a timely<br />

appointment at a sleep center, several stakeholders<br />

pointed out.<br />

Drivers should go to a medical examiner at<br />

least 45 days before their medical certificate<br />

expires, Megehee suggested. If tests and/or<br />

other medical procedures are required, the<br />

driver can be given a determination pending<br />

category, which allows 45 days for all testing<br />

to be completed. Then a certificate can be issued<br />

without the driver having to take another<br />

exam or his or her certificate expiring in the<br />

meantime.<br />

He also suggests that drivers perform<br />

their due diligence in researching which<br />

medical examiner to use from the National<br />

Registry of Certified Medical Examiners.<br />

They may be on the register but “they’re all<br />

different,” Megehee said. “Look for a doctor<br />

willing to help you.”<br />

Heller echoed Megehee’s warning to check<br />

medical examiners out and “make sure they’re<br />

reputable,” and, he added, “don’t hesitate for<br />

a second opinion.”<br />

As to the possibility of lawsuits challenging<br />

a final rule, stakeholders contacted believe litigation<br />

is certain to accompany a final rule.<br />

Indeed, some health professionals may<br />

have erred on the side of caution by ordering<br />

a sleep test when it wasn’t necessary, to<br />

stave off possible lawsuits.<br />

“There have been companies that spent<br />

millions on sleep apnea testing that probably<br />

wasn’t necessary,” said Megehee, adding that<br />

in cases of drivers having the very mildest<br />

form of sleep apnea, some have actually been<br />

issued a CPAP or PAP machine “before they<br />

had their test.”<br />

Stanton referred to an article about Greyhound<br />

Lines being forced to pay $6 million to<br />

settle claims by five bus passengers injured in<br />

a rollover accident in 2013.<br />

The plaintiffs claimed the bus driver fell<br />

asleep while speeding on Interstate 71 during<br />

a trip from Cincinnati to Detroit on September<br />

14, 2013, flipping the bus several times<br />

— a month after DOT had ordered the bus<br />

company to give the driver an overnight sleep<br />

study and limit his medical certificate to three<br />

months. The motor coach company didn’t follow<br />

through, saying its driver, Dwayne Garrett,<br />

didn’t have sleep apnea but choked on<br />

a sip of coffee.<br />

In April 2015 plaintiffs’ attorney Ryan Zehl<br />

of Houston obtained an order from the trial<br />

court requiring Garrett to undergo a sleep<br />

study and Greyhound appealed the court’s<br />

decision. A court of appeals upheld the trial<br />

court’s ruling and tests found the driver to<br />

have “moderate to severe sleep apnea.”<br />

The article appeared in a Courthouse News<br />

Service posting March 9 datelined Dallas.<br />

According to Zehl, “This is the first time<br />

plaintiffs have obtained orders from both a<br />

trial court and appellate court requiring a commercial<br />

driver to undergo an overnight sleep<br />

study.”<br />

The comment period for the sleep apnea<br />

ANPRM is 90 days. For more information or to<br />

see how to comment, go to https://www.<br />

fra.dot.gov/eLib/Details/L17364.<br />

“It’s easier when they come from carriers;<br />

we’re encouraging members to file comments<br />

as well,” said Heller. “The agency needs realworld<br />

information from carriers that truly reflect<br />

operations from a fleet standpoint; that’s<br />

what they need to hear.”<br />

TCA <strong>2016</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 15


A D V E R T I S E M E N T<br />

TA and Petro Announce<br />

Citizen Driver Award Honorees<br />

April 1, <strong>2016</strong><br />

Denis Litalien has been on the road for 44 years and is a<br />

well-known, hard-working professional who has touched<br />

the lives of many individuals. Leadership and community<br />

service go hand-in-hand for Denis. It comes naturally to<br />

him and people gravitate to his gentle, positive nature<br />

and his great ability to bring people together. He was<br />

awarded a Highway Angel Certificate from the <strong>Truckload</strong><br />

Carriers Association for putting out a car fire on the<br />

highway in 1998, as well as Shaw’s Good Samaritan<br />

Award in 1996, recognizing his aid to motorists. He is<br />

also a14-time State Champion in the New Hampshire<br />

and Maine State Truck Driving Championships, and a<br />

7-time Top Five finisher at the National Truck Driving<br />

Championships.<br />

For 42 years, Bill Ater Jr. has been a wonderful asset<br />

and ambassador for the trucking industry. He is a<br />

compassionate, hard-working professional with<br />

contagious positivity. He has a heart for people in need,<br />

going out of his way to make sure they are fed, sheltered<br />

and safe. Bill is an active member of his church, and<br />

values God, family and work—in that order. He has been<br />

very involved with FEMA’s hurricane relief efforts. He’s<br />

responded in the aftermath of 12 hurricanes, bringing<br />

truck loads of supplies to devastated areas. After<br />

Hurricane Katrina, he took a displaced woman under his<br />

wing to feed her and help her find permanent housing. He<br />

then made it a point to visit her and check upon her for<br />

several years afterwards. After an Oklahoma hurricane, he<br />

took a week off from work to volunteer and help clean up.<br />

Mary “Candy” Bass has certainly made the most of her<br />

41 years as a professional driver, creating a model for<br />

others in the industry to follow. From her countless<br />

volunteer activities to her willingness to help others,<br />

no matter the time or cost, she’s an inspiration to all who<br />

meet her. When she saw a documentary on wounded<br />

veterans at the Walter Reed Army Medical Center, she<br />

became determined to do something to help. She wanted<br />

to let them know that they had not been forgotten. She<br />

founded the “Hats for Heroes” charity, a program that<br />

would donate baseball caps to those who have had head<br />

injuries or burns. The caps allow these veterans to go<br />

outside, and also hide wounds or scars that might make<br />

them feel out of place.<br />

In all that Jon “Doc” Osburn does and has done in nearly<br />

3 decades in the trucking industry, he believes in putting<br />

others first. He’s never too busy to lend a hand and<br />

goes out of his way to help those in need. He is intent<br />

on promoting a positive image for professional truck<br />

drivers—which is why he currently represents OOIDA<br />

as the driver and spokesperson for their “Spirit of the<br />

American Trucker” tour truck. Jon encourages drivers<br />

WESTLAKE, Ohio<br />

to make their voices heard by voting and commenting<br />

on issues relating to the trucking industry. OOIDA<br />

has awarded him their Safe Driving Award for 28 safe<br />

years and 2.79 safe miles. Jon has also been an active<br />

volunteer for the World’s Largest Truck Convoy For<br />

Special Olympics since 2004.<br />

Bill Taylor is a decorated veteran who began his trucking<br />

career over 30 years ago while servicing the Army<br />

in Vietnam. When he and Robyn met years later, she<br />

decided the ever-changing view from a truck window was<br />

much more interesting than her desk job, and decided<br />

to join him. She got her license in 1999, and they hit the<br />

road together. They support their local schools, sharing<br />

both their truck and experiences with the students. For<br />

years, Bill and Robyn have been involved with the Trucker<br />

Buddy program, a pen-pal program matching drivers to<br />

classrooms of children in an effort to educate and mentor<br />

them. They are currently buddies with 18 classes in 3<br />

different schools! They were named Trucker Buddies of<br />

the Month in June, 2002. Bill and Robyn continue to<br />

contribute to their country and community. They support<br />

POW efforts and are active in helping veterans. And<br />

they are strong champions for owner/operators, often<br />

lobbying congress in regards to the laws effecting the<br />

trucking industry.<br />

Bill Underwood, behind the wheel for 53 years, has<br />

driven an unheard-of 7.9 million accident-free miles. A<br />

man of great integrity, he is intent on doing things right.<br />

He helped a young girl that was stranded in Mississippi,<br />

this past summer. Concerned about her welfare, Bill<br />

drove her to a TA that was near her hometown. Working<br />

with the TA general manager, they called the local<br />

police to see if they could lend some assistance. The<br />

girl revealed she was actually a runaway, and just 14<br />

years old. Thanks to Bill’s compassion and immediate<br />

response, she was saved from a situation that could have<br />

been very dangerous. Though Bill is confident in his<br />

accomplishments and self-worth, he is a humble man. He<br />

does not see his acts as anything extraordinary.<br />

After 24 years on the road, Michael Zanella still has the<br />

look and presence of a consummate professional. He’s<br />

driven 2.67 million miles without a preventable accident,<br />

and has received many safety awards, including honors<br />

from Road Safe America, OOIDA, and Pizza Hut’s Driver<br />

Safety and Production Committee. He was Pro Driver’s<br />

Driver of the Year 2005, Mid-State Systems’ Top Driver<br />

of 2003, and Midnight Trucking Radio Network’s 2003<br />

National Award for 1 Million Miles. He serves as spiritual<br />

advisor to two prison inmates through letters and visits,<br />

and volunteers for various Masonic functions and works<br />

with disabled veterans as-needed in the community.<br />

Arlington, TX<br />

Driving Career: 42 Years<br />

Career Mileage: 2.5 Million<br />

Temple, TX<br />

Driving Career: 41 Years<br />

Career Mileage: 4 Million<br />

Biddeford, ME<br />

Driving Career: 44 Years<br />

Career Mileage: 4 Million<br />

Boise, ID<br />

Driving Career: 28 Years<br />

Career Mileage: 2.75 Million<br />

Enfield, CT<br />

Driving Career: 30 Years<br />

Career Mileage: 4 Million<br />

Alta Vista, KS<br />

Driving Career: 53 Years<br />

Career Mileage: 7.95 Million<br />

Columbus, OH<br />

Driving Career: 24 Years<br />

Career Mileage: 2.67 Million<br />

A D V E R T I S E M E N T


From Where We Sit<br />

<strong>Truckload</strong> Carriers association convention edition<br />

“There is a relatively strong likelihood that the most likely economic scenario is continued slow, steady growth.”<br />

Economist John Larkin<br />

“This is the real deal right here. I want to give a special thank-you to all the Highway Angels whose stories have been<br />

told and the many whose stories have not been told. I appreciate everyone in this audience for keeping the trucks<br />

rolling.”<br />

EpicVue Highway Angel of the Year Josh Grimaldi<br />

“As we look to shape the future and as we do that together, we must resolve to double-down on the basis of what<br />

makes an association great. We resolve to set the agenda on TCA’s member-driven network.”<br />

TCA President John Lyboldt<br />

“I am relentlessly positive about the bright future of this great organization. … I will remind each of you what<br />

Henry Ford once said: ‘When everything seems to be going against you remember — the airplane takes off against<br />

the wind, not with it.’”<br />

Outgoing TCA Chairman Keith Tuttle<br />

“Our TCA mission statement describes this organization perfectly in stating ‘The TCA is the only national trade<br />

association whose sole focus is the truckload segment of the motor carrier industry.’”<br />

Incoming Chairman Russell Stubbs<br />

“Even the Democrats are not nutty enough to nominate the Democratic socialist who has maple syrup in his<br />

coffee. Bernie Sanders has been in public office since the early 1980s. Some of his greatest antagonists in Vermont<br />

politics are not Republicans but Democrats who are irritated that he calls himself a Democratic socialist and runs<br />

and wins as an independent. He’s so crazy not even the Democrats are going to nominate him.”<br />

Keynote speaker and political pundit Karl Rove<br />

“My keys to success are a little bit of luck and a lot of experience. Always expect the unexpected.<br />

The biggest thing is, it always could be worse. Don’t get in a fighting match. It’s not<br />

going to do any good, and it’s going to give you high blood pressure.”<br />

Owner-Operator of the Year Edward Tricco<br />

18 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2016</strong>


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President Obama would have us believe that the still-struggling economy is the “new<br />

normal.” Wrong: It’s the “new abnormal,” Steve Forbes told <strong>Truckload</strong> <strong>Authority</strong> in the<br />

summer of 2013, and it’s still true today.<br />

The global economy is not hitting on all<br />

eight cylinders and the trickle-down impact is<br />

likely to affect the trucking industry, John Larkin,<br />

managing director and head of transportation<br />

capital markets research at Stifel, Nicolaus<br />

and Co., told delegates to the recent <strong>Truckload</strong><br />

Carriers Association Annual Convention.<br />

He also said an increase in liability insurance<br />

might be a good thing and said the reason<br />

that the Owner-Operator Independent Drivers<br />

Association opposes most all federal trucking<br />

regulations is that the regulations could put<br />

more independent contractors out of business.<br />

“There is a relatively strong likelihood that<br />

the most likely economic scenario is continued<br />

slow steady growth,” Larkin said after he shared<br />

data on numerous economic indicators ranging<br />

from population demographics to the housing<br />

market to the size of the freight market.<br />

“It doesn’t appear to be a catalyst to push<br />

us off the cliff into a recession barring a terrorist<br />

event or some type of external issue like<br />

that. It does appear that if we’re patient, the<br />

truckload supply-and-demand dynamic will be<br />

merged and will be more persistent because of<br />

the underlying regulations that are making it<br />

difficult to be productive and make it difficult<br />

to recruit and retain compliant drivers. I would<br />

guess this is going to kick in during late 2017<br />

and be a big issue in 2018 provided the economy<br />

continues to grow at a slow pace.”<br />

Larkin said all other logistic sectors would<br />

benefit from the truckload capacity shortage.<br />

“More shippers will be reaching out to 3PLs<br />

By Lyndon Finney<br />

to help them source capacity and to optimize<br />

their networks,” he said. “The LTL carriers will<br />

benefit from some truckload overflow freight.<br />

Intermodal will also benefit from some of those<br />

long-haul high density lanes. Usually in collaboration<br />

with the intermodal market, a truckload<br />

carrier will partner with a railroad to save those<br />

precious drivers and expensive power units in<br />

order to serve those markets that are intermodal<br />

compatible, which by the way is most of the<br />

markets.”<br />

But collaboration is shrinking, which is the<br />

reverse of what should be happening, according<br />

to Larkin.<br />

“We heard about collaboration a lot in 2014<br />

when capacity was tight,” he said. “Everyone<br />

was perking together. And when capacity loos-<br />

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John Larkin told delegates to the <strong>Truckload</strong> Carriers<br />

Association Annual Convention in March that the<br />

various sectors of trucking need to return to the collaborative<br />

efforts of an era when capacity was tight.<br />

ened up, I don’t believe I’ve heard the word<br />

collaboration in three or four months, but I<br />

have heard of a return to Neanderthal pricing<br />

strategies on the part of some 20 percent of<br />

shippers. It’s very disruptive when people are<br />

demanding price reductions when carriers are<br />

trying to stabilize their workforce and invest in<br />

the most efficient rolling stock in the future.”<br />

The 3PLs will be a bigger factor in the future,<br />

Larkin said.<br />

“It’s probably useful to figure out how to<br />

work with the 3PLs rather than to fight them,”<br />

he said. “Not all are looking for the lowest<br />

price. Some are helping their shippers find the<br />

right fit out there and to optimize their supply<br />

chains. LTL carriers have found a way to work<br />

in a harmonious fashion with a lot of the very<br />

good 3PLs and I would suggest some of the<br />

bigger truckload carriers are just now beginning<br />

to take a look at that. It’s a way to access<br />

a much larger customer base and in many<br />

ways can be cheaper than having a salesman<br />

out there running around in a company car<br />

with an expense account.”<br />

There are still non-compliant 3PLs in the<br />

marketplace.<br />

“I had one person tell me one of the most<br />

reputable 3PLs took a load and moved it from<br />

Dallas to Chicago, a distance of 2,050 miles, in<br />

one day with a solo driver. We know that driver<br />

was not compliant and this particular shipper<br />

says he sees that all the time when dealing<br />

with supposedly reputable brokers. If you look<br />

at the number of situations where the carrier<br />

veil has been penetrated and the 3PL has been<br />

found liable for an accident, it’s a very small<br />

number. I think the liability lies with the trucker<br />

unless somehow the broker has made an awful<br />

mistake. I don’t think there’s going to be much<br />

of a litigation risk to the 3PLs. I think there is<br />

some possibility of a higher insurance limit being<br />

pushed out onto the trucking industry. They<br />

are trying to get that minimum pushed up in<br />

Congress from $750,000 per carrier per occurrence<br />

to $4-4.5 million.<br />

“That might be a sensible thing to do given<br />

the way these settlements are going and given<br />

that the cost of insurance is going to be rising,”<br />

Larkin said.<br />

Larkin said he’d also heard that the number<br />

of insurance carriers who’ll be offering liability<br />

insurance in the future will be shrinking and that<br />

insurance companies will become more diligent<br />

in choosing which carriers they will insure.<br />

Federal regulations will impact capacity in<br />

the future, Larkin believes.<br />

“There’s no question when the whole litany of<br />

Federal Motor Carrier Safety Administration regulations<br />

are implemented — speed limiters, ELDs,<br />

more rigorous medical check-ups — all of these<br />

changes are going to shrink the number of compliant<br />

carriers, shrink the number of potentially<br />

compliant drivers and reduce the productivity<br />

across the industry,” Larkin said. “The cheaters<br />

won’t be able to cheat any more. There’s a reason<br />

that OOIDA fights nearly every one of these<br />

regulations because the small members can’t<br />

compete economically if they have to follow the<br />

rules on a level playing field. They are at a disadvantage<br />

because they pay more for their trucks,<br />

they don’t get as much in trade for their used<br />

trucks, they pay more for fuel, the trucks are older,<br />

they are not as fuel-efficient, they don’t have<br />

information systems to balance their networks,<br />

they are reliant on brokers who skim off as much<br />

of the revenue as they can for their own.”<br />

Larkin also said:<br />

• The 4.9 percent unemployment rate is<br />

somewhat misleading. More reflective of the<br />

current economic environment is the 9.7 U-<br />

6 rate, which counts not only people without<br />

work seeking full-time employment (the more<br />

familiar U-3 rate), but also counts “marginally<br />

attached workers and those working part-time<br />

for economic reasons.”<br />

• People are living longer and working longer.<br />

With a declining fertility rate, there soon<br />

won’t be enough 20- to 30-year-olds to take<br />

care of those who’ve reached 70 or 80, which<br />

brings into question the viability of Social Security,<br />

and<br />

• The driver shortage is a huge problem and<br />

it’s not going away.<br />

Other economists have jumped on Larkin’s<br />

bandwagon recently.<br />

FTR, a transportation intelligence company,<br />

said its Trucking Conditions Index (TCI) continued<br />

to soften in February because of a weakening<br />

of the freight environment early in <strong>2016</strong>.<br />

FTR said the current reading at 8.27 reflects<br />

FTR’s forecast for a slowdown in truck loadings<br />

from an average of 4 percent thus far in the<br />

recovery to 2 percent for full-year <strong>2016</strong>.<br />

There are still positive indicators for<br />

trucking including high-capacity utilization<br />

and positive rate assumptions, according to<br />

Jonathan Starks, FTR’s chief operating officer,<br />

who said the TCI is expected to begin<br />

a steady rise heading into 2017 because of<br />

expected regulatory capacity constraints, and<br />

will continue to be positive into 2018 save for<br />

the risk of recession or the possibility of temporary<br />

spikes in fuel prices reacting to weak<br />

U.S. production.<br />

“The market has certainly softened in <strong>2016</strong>,<br />

yet there are still enough positive indicators<br />

to keep the freight markets afloat despite the<br />

weakness,” Starks said. “Freight loads are looking<br />

to slow this year, but 2 percent growth is still<br />

a reasonable environment for truck operations.<br />

What it doesn’t do is create pressure on capacity,<br />

which is what would be needed to improve<br />

the rate environment. A key focus will be whether<br />

the manufacturing sector can stabilize and<br />

begin to grow again. I believe it will, but it may<br />

still be a quarter or two before fleets start to<br />

benefit from that activity. The rate environment<br />

has deteriorated but unless the market sinks<br />

further we should expect to see contract rates<br />

begin improving in the second half of the year.”<br />

Meanwhile, The Wall Street Journal reported<br />

in early April that a rocky start to <strong>2016</strong> is taking<br />

its toll on the outlook for U.S. economic and<br />

job growth this year.<br />

While the stock market has recovered much<br />

of the ground lost earlier in the year, forecasters<br />

in the newspaper’s monthly survey of economists<br />

trimmed their estimates for employment<br />

gains and for economic growth as market volatility<br />

and signs of a cautious consumer leave<br />

the economy stumbling.<br />

The average forecast in the survey calls for<br />

growth in gross domestic product of 2.1 percent<br />

in the year ahead, down from an estimate<br />

of 2.4 percent last month.<br />

The markdown was most dramatic for the<br />

start of the year: The economy is likely to grow<br />

at a 1.3 percent annual pace in the first quarter,<br />

down from an estimate of 2.1 percent a<br />

month ago.<br />

“Lackluster growth is a bigger risk than a full<br />

recession,” Lynn Reaser, an economist at Point<br />

Loma Nazarene University, told the Journal.<br />

Lackluster growth but no recession has been<br />

the story of the U.S. economy in recent years.<br />

It has been nearly seven years since the economy<br />

emerged from the longest and deepest<br />

recession since the Great Depression. Hopes<br />

for a period of strong growth have been dashed<br />

repeatedly.<br />

The Journal surveyed 69 economists who<br />

collectively said the odds of a recession declined<br />

slightly over the past month.<br />

The average estimate of the probability of a<br />

recession in the next year slid to 19 percent in<br />

the survey taken in early April, down from 20<br />

percent last month and 21 percent the month<br />

before. Despite that slight decline, the odds remain<br />

nearly double their level of last summer.<br />

The Journal said the economists it surveyed<br />

are worried about risk from the U.S. political<br />

system, too, where populist presidential candidates<br />

have pledged dramatic overhauls of U.S.<br />

policies toward trade and immigration. A plurality<br />

of economists last month said the election<br />

of businessman Donald Trump or Vermont Sen.<br />

Bernie Sanders could pose a significant risk to<br />

the economy next year.<br />

22 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2016</strong>


Overstocked<br />

By Jack Whitsett<br />

Class 8 preliminary heavy truck orders fell<br />

to 15,800 units, analysts reported April 4,<br />

the weakest performance for the month since<br />

2010. The demand fell 37 percent from the<br />

same period last year and 12 percent from the<br />

previous month, said Columbus, Indiana-based<br />

ACT President and Senior Analyst Kenny Vieth,<br />

while medium-duty orders rose 4 percent over<br />

last year.<br />

WardsAuto of Southfield, Michigan, reported<br />

April 11 a 2.9 percent drop in March Class 8<br />

sales from the same period in 2015, to 20,034.<br />

The company reported a 7.1 percent decline in<br />

year-to-date sales from 2015, to 51,859.<br />

Vieth said ACT’s final March sales data<br />

would be released several days later.<br />

“Medium-duty and heavy-duty demand,<br />

as mirrored by new order activity, remain on<br />

divergent paths that are tracking their niches<br />

in the broader economy,” Vieth said. “In<br />

the case of medium-duty demand, a decent<br />

jobs market and rising incomes continue to<br />

support discretionary spending and improved<br />

housing activity, but ongoing weakness in<br />

the freight-rich manufacturing sector and excessive<br />

inventories in the broader economy<br />

continue to weigh on new heavy-duty demand.”<br />

The Class 8 drop resulted from “the ongoing<br />

overcapacity narrative, a resulting weak freight<br />

rate environment, weakness in late-model<br />

used truck values, and excessive new vehicle<br />

stocks,” said Vieth.<br />

Don Ake, vice president of commercial vehicles<br />

at Bloomington, Indiana-based FTR, said<br />

April 5 that “Orders were slightly below expectations<br />

as the market continues its downward<br />

slide. Fleets are being very cautious in the current<br />

uncertain economic environment. Freight<br />

has slowed due to the manufacturing recession,<br />

so they have sufficient trucks to meet current<br />

demand. Some fleets are also delaying<br />

replacing older units until conditions improve.<br />

There are very few dealer stock orders, since<br />

inventories are sufficient and OEM lead times<br />

are short.”<br />

OEMs have reacted in recent months with<br />

massive layoffs. Volvo Trucks let 734 workers<br />

go from its New River Valley Assembly plant in<br />

Dublin, Virginia, in December. Freightliner said<br />

in January that almost 1,000 workers would<br />

be cut from its Cleveland Truck Manufacturing<br />

Plant in Cleveland, North Carolina. And in<br />

February, Freightliner parent company Daimler<br />

Trucks North America announced 550 further<br />

cuts at the Cleveland plant and 700 layoffs at<br />

its Mount Holly, North Carolina, truck manufacturing<br />

plant.<br />

“These workforce adjustments are in response<br />

to a sustained reduction in orders and<br />

a diminished build rate, and are expected to be<br />

temporary, based on future market developments,”<br />

a Daimler news release said.<br />

The weak sales are no surprise, Vieth said,<br />

though few expected the low <strong>2016</strong> numbers a<br />

year ago.<br />

“If we go back to the middle of last year …<br />

the expectation was that the economy continues<br />

to grow and the good times would continue<br />

into <strong>2016</strong>,” he said. “Manufacturing turned soft<br />

in early 2015. We had no freight growth in the<br />

last three quarters of 2015.”<br />

Inventory has been a persistent problem for<br />

the industry, Vieth added.<br />

“At the end of 2015 the industry had 67,000<br />

units of inventory,” he said. “There was some<br />

excessive inventory building [during 2015].”<br />

“The industry needs to get rid of [about]<br />

20,000 units of excess new truck inventory,”<br />

Vieth said. We don’t see any catalyst that is<br />

going to immediately shift the economy to<br />

a stronger growth pattern. We don’t see the<br />

overcapacity fixing itself in <strong>2016</strong>.”<br />

Longer term, Vieth saw some light, with<br />

capacity tightening in 2017, “which bodes well<br />

for 2018.<br />

“Given market conditions there has been a<br />

general high-side surprise … for retail sales,”<br />

Vieth said. “That is indicative of the OEMs and<br />

the dealers working together to start to pare<br />

down that excess new truck inventory. We’ve<br />

started to see inventory turn in the right direction,”<br />

he said, adding that the industry needs to<br />

reduce to about 45,000 tractors.<br />

FTR’s Ake also expressed some cautious<br />

optimism.<br />

“Manufacturing is expected to improve soon<br />

and this is expected to increase freight levels<br />

and stabilize truck demand,” he said. “OEMs<br />

continue to reduce production rates in response<br />

to an expected 26 percent drop in build this<br />

year. Inventories remain high and retail sales<br />

have moderated, so order rates should remain<br />

subdued in the short-term.”<br />

For more information on ACT, go to actresearch.net.<br />

FTR is on the Web at FTRintel.com.<br />

WardsAuto can be found at wardsauto.com.<br />

TCA <strong>2016</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 23


SPRING | TCA <strong>2016</strong><br />

A Chat With The Chairman


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Foreword and interview by Micah Jackson<br />

Famous American cowboy humorist Will Rogers once opined, “If you get to thinking you<br />

are a person of some influence, try ordering someone else’s dog around.” The first thirdgeneration<br />

chairman in TCA history, Russell Stubbs clearly understands the moral of Mr.<br />

Rogers’ sentiment. His reverence for the chairmanship and humility to be entrusted with<br />

such an honor is palpable when conversing with him. Like Will Rogers, Mr. Stubbs lives<br />

the cowboy way. He and his family make their home just outside Fort Worth, Texas, on a<br />

gorgeous piece of God’s country and a stunning western-themed home designed by his wife,<br />

Dawn. They are a trucking and cattle ranching family. On a beautiful day in early April we<br />

sat down with Chairman Stubbs for the first of what promises to be an illuminating and<br />

lively “Chat” series with him over the next 12 months.


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The honor of being chairman after your dad<br />

and grandfather — I would imagine being a<br />

third-generation TCA chairman is a unique<br />

thing. Talk about what that means to you.<br />

The history of the Stubbs family and Weller<br />

family before us means a lot. Many of the carriers<br />

and trucking companies out there, not just<br />

in our association but throughout the country,<br />

are family and you see both second and<br />

third generations come up. So when I stepped<br />

up and accepted the chairman’s gavel at the<br />

convention … that really meant something. My<br />

dad’s still with us, but my grandfather isn’t. I<br />

know they are both very proud.<br />

You mentioned Stoney Stubbs Sr. and Mitt<br />

Stubbs, both very highly respected men.<br />

What are the most impactful lessons they<br />

taught you?<br />

Hard work. A great work ethic is something<br />

our family has had. My grandfather Stoney<br />

grew up on a farm and I don’t think a day ever<br />

went by that he wasn’t working, whether it was<br />

at FFE or as a kid on the farm or anywhere in<br />

between like when he waited tables in college.<br />

My dad was a little different. He led more by<br />

example. He let me experiment and make mistakes,<br />

like walking into brick walls nose first.<br />

You felt that pain for yourself, and you learned<br />

from it. I got the benefit of both styles of leadership.<br />

My grandfather was “I’m going to show<br />

you how to do it, and here’s how you do it”<br />

while my dad was “I’m going to give you some<br />

stuff and you go learn it yourself and when you<br />

make mistakes, you’ll figure it out.”<br />

Again, as a third-generation trucking family<br />

member, did you ever have your sights set on<br />

a different career path?<br />

When I was really young, I thought<br />

I wanted to be a veterinarian. I grew up<br />

around animals. I’ve always loved animals.<br />

But in the back of my mind and heart, I<br />

knew that I wanted to work for FFE and be<br />

in the business. I wasn’t pushed to do that<br />

by my father or grandfather. It was something<br />

I wanted to do and I had my sights<br />

set on it.<br />

What was it about trucking then and what<br />

is it about trucking now that lights you up<br />

inside?<br />

When I was in high school, I really didn’t<br />

know what trucking did for the economy. I<br />

knew the basic facts and that was that goods<br />

moved from Point A to Point B. And I always<br />

took great pride in seeing the FFE trucks<br />

going down the road and knowing that was<br />

part of my family’s history. For me, the big<br />

trucks were so cool to look at back in the<br />

“Smokey and the Bandit” days. The truck<br />

drivers were good ole boys and knights of<br />

the road. Today what really lights me up inside<br />

is the vital role trucking plays on the<br />

U.S. economy. Maybe it’s the simple reality<br />

that we bring food to the grocery stores<br />

that ends up on the dinner table at night and<br />

that it couldn’t happen without us. That sure<br />

makes me feel good.<br />

You are a proud cowboy and live a cowboy<br />

lifestyle. What is the cowboy lifestyle and<br />

what is the cowboy mentality?<br />

Well you know it’s a lot like the trucking mentality.<br />

It’s a lot of self-made men and women.<br />

It’s a lot of pull yourself up by your bootstraps<br />

and handle your own business. But it’s also a lot<br />

of sharing, collaboration and help. As you know,<br />

being involved in trucking associations, carriers<br />

get together and talk about best practices such<br />

as who has the best tires, tractors and software<br />

to buy. Cattlemen do the same thing. We share<br />

best practices when it comes to purchasing our<br />

cattle trailers, what feed to buy and fertilizers<br />

to use. A rancher down the road is working his<br />

cattle and we’re helping him and next week he’s<br />

helping us work ours. We compete, but we’re<br />

friendly competitors. It’s a great relationship<br />

and very similar to trucking.<br />

You said earlier that you loved animals.<br />

You obviously still love animals. Talk about<br />

some of the animals you own.<br />

My wife Dawn and I, and it comes from<br />

her side of the family with a working cattle<br />

ranch in Ponder, Texas, just west of Denton<br />

in Denton County, have a little over 100 head<br />

of momma cows, Black Brangus cross-bred<br />

cattle. We have what they call a cow-calf operation<br />

where all the cows have their calves<br />

in the spring. We raise them through the<br />

summer and then we sell them when they<br />

are weaned off their mothers. That’s been a<br />

passion of mine since I met Dawn. It’s her<br />

ranch to run and I’m kind of the stable boy as<br />

26 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2016</strong>


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McLeodSoftware.com | 877.362.5363<br />

“When I was really young,<br />

I thought I wanted to be a<br />

veterinarian. I grew up around<br />

animals. I’ve always loved<br />

animals. But in the back of my<br />

mind and heart, I knew that I<br />

wanted to work for FFE and be<br />

in the trucking business.”<br />

— Russell Stubbs, <strong>2016</strong>-17 TCA Chairman<br />

28 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2016</strong>


far as that goes. I spend a lot of time chasing trucks and drivers and<br />

she spends the time chasing cattle. We enjoy doing it together. I’m<br />

more of a weekend-type rancher. We have 10 or 12 ranch horses.<br />

I used to rope calves in high school. Both my sons grew up rodeoing.<br />

My wife was actually a barrel racer through college and even<br />

into our 40s we both competed. So really it’s kind of a family affair.<br />

I also have a Labrador Retriever that’s a duck- and dove-hunting<br />

dog.<br />

Let’s shift gears. Talk about what your focus is going to be with<br />

TCA as chairman and what message you want to get out with<br />

members.<br />

My focus is obviously stability since we’ve had some turnover<br />

in the office of president. We’ve hired a wonderful man in John Lyboldt,<br />

who comes with so many good credentials and brings team<br />

and consensus building, which is what TCA needs. John is hands-on<br />

and he has the skins on the wall as well as experience. We have<br />

a wonderful staff. Debbie Sparks, Bill Giroux, Dave Heller and Ron<br />

Goode are all very experienced people and having them row the<br />

boat in the same direction under a proven leader like John is really<br />

important. When I say build consensus I’m talking about the carriers<br />

as we go through issues where we may differ with ATA, such<br />

as the twin-33 challenge of last year, and it’s not dead yet, it’s just<br />

lying in the weeds. [There are] others such as size and weight and<br />

Hours of Service we need to stay on top of. We need to build a consensus<br />

on when TCA needs to step in or when to work with ATA, so<br />

that we have the greatest impact. I think most of our members are<br />

ready to see more advocacy from TCA.<br />

WE NEVER REST<br />

Speaking of members, where do you see opportunities to continue<br />

to improve the member experience?<br />

We’ve been labeled — and some of it self-labeled — as the education<br />

association. Similarly, ATA has been labeled as the advocacy<br />

association. I believe those labels will soon change a little. Not<br />

dramatically, not do a 180 [degree turn], but to better assist the<br />

needs of the truckload member. Education is important for TCA and<br />

we’ll continue down that path. We’re doing that with our new TCA<br />

wellness program and the WorkForce Builders Conference. Wreaths<br />

Across America, The Wall That Heals and the Scholarship Fund are<br />

great image initiatives that add value to our members and their<br />

outreach initiative, but I believe it is important that TCA keep the<br />

members aware of key issues coming up that will affect our businesses.<br />

We need to know the association is going to have our backs<br />

and go knock on the doors on Capitol Hill if that’s what is needed to<br />

push an issue forward. TCA is the only association that represents<br />

the truckload segment of the industry. We handle over 80 percent<br />

of the freight and drive about 90 percent of the miles traveled.<br />

We are a huge group and we need to understand who we are and<br />

continue to focus on the issues that are important for the truckload<br />

industry and to speak with one unified voice.<br />

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What can TCA do to help make the driver’s job a better lifestyle?<br />

Driving is a tough job. Everyone in the industry knows that we are<br />

all continuing to improve the job experience for our drivers. We’ve<br />

invested in nice, comfortable tractors, onboard computing, access to<br />

Wi-Fi, all in an effort to achieve a quality of life. Carriers are segmenting<br />

drivers to limit cross-country trips where they can drive 500<br />

miles and swap a load with the goal of getting them home that night.<br />

But that’s not always an option for a mid- to small-sized carrier. We<br />

need to work together to find solutions to make the job better. Overthe-road,<br />

long-haul trucking is not going to go away, but we have<br />

to find ways to make the job better. To help achieve this, I believe<br />

the TCA wellness program and inGuage benchmarking will ultimately<br />

positively impact the motor carrier, which then can create a better<br />

quality of life for the driver. If the company is healthy I think the<br />

image initiatives such as Highway Angel and Driver of the Year help<br />

make drivers feel better about their job. As I said earlier, trucking is<br />

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www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 29


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Were you pleased with this year’s annual<br />

convention?<br />

Absolutely I was. Because it was nice to<br />

put a bow on Chairman Tuttle’s year. He had<br />

a very difficult year with the turnover in our<br />

president. He invested a lot of time on the<br />

Search Task Force, the group responsible for<br />

interviewing and hiring the new president.<br />

During this time, he and I were on the phone<br />

two or three days a week. It was rewarding<br />

seeing the task force come together and<br />

approve John Lyboldt as president. It was<br />

with even greater pride that we witnessed<br />

the Executive Committee unanimously approve<br />

him. The convention was great fun<br />

because I was able to introduce him around<br />

to the membership, almost like bringing your<br />

brother or child somewhere to brag and show<br />

them off. I’m so proud of John and I have a<br />

lot of hope in him.<br />

I want to focus on the Scholarship Gala,<br />

raising a lot of money for the scholarship<br />

fund. Talk about how that event has just<br />

become bigger and bigger.<br />

It really has. For years we relied on a silent<br />

auction in the back room of another reception.<br />

A few years ago with the help of Freightliner and<br />

Pilot Flying J, we were able to put on a standalone<br />

night for the sole benefit of the Scholarship<br />

Fund. You get a great group of people in a<br />

room with a couple of videos of the kids who’ve<br />

received a scholarship saying they wouldn’t<br />

have been able to go to college if it hadn’t been<br />

for you; that kind of gets the momentum going.<br />

Mix in the live auction with a hot item, peer<br />

pressure and the bidding heats up. One of my<br />

favorite parts is the Past Chairmen’s Scholarship<br />

Fund. There’s nothing like seeing your father’s<br />

and grandfather’s name on there. It’s these<br />

types of initiatives that make you know the momentum<br />

will grow in years to come.<br />

Give <strong>Truckload</strong> <strong>Authority</strong> readers a little<br />

better idea of what to expect at the first<br />

annual WorkForce Builders Conference,<br />

because I’m not sure that a lot of members<br />

understand what that conference is going<br />

to be all about and the value to them.<br />

OK, well it’s going to be not just about drivers.<br />

It’s going to be about recruiting and retaining,<br />

educating and training all employees,<br />

drivers being a key piece of that. We’re talking<br />

about safety people, we’re talking about fleet<br />

management people, we’re talking about even<br />

grooming upper management and I know in<br />

my company we did not do a very good job<br />

of training entry-level and middle management.<br />

You watch and you learn the job and if<br />

you’re good enough you advance and if you’re<br />

not, you don’t. We don’t put the money and<br />

the professional training that other big corporations<br />

do into grooming our workforce and<br />

hanging on to them. Retention is huge, obviously,<br />

on the driver side of it, but it’s also<br />

big in the maintenance field. Technicians are<br />

just as hard to find as truck drivers, and so<br />

are good personnel in the safety department,<br />

in operations, fleet management sales. So<br />

it’s going to be huge and we’ve got a great<br />

speaker coming in. Patty Cox is going to share<br />

a bunch of ideas and insights. You know she’s<br />

a consultant for employees, HR–type stuff,<br />

training and retention. So I’m really looking<br />

forward to it.<br />

Given your chairman responsibilities over<br />

the next 12 months, tell me what are you<br />

most excited about and give us a preview of<br />

what your schedule’s going to be like.<br />

I’m most excited about being the chairman.<br />

I was fortunate enough to be the chairman<br />

of the Texas Trucking Association about 10<br />

years ago. That was my first time as a thirdgeneration<br />

chairman. I’m excited about the<br />

new direction that John Lyboldt brings. I’m<br />

excited for our members to get to know him,<br />

for us to align with new organizations and<br />

to see our staff develop our membership.<br />

I think it really boils down to seeing the<br />

organization moving forward. I believe this<br />

new direction will attract a lot of truckload<br />

carriers into the fold.<br />

I want to know which former chairman has<br />

given you advice about this next year?<br />

All of them have. I think Shepard Dunn,<br />

probably more than anybody. I don’t want to<br />

cut Keith [Tuttle] out because Shepard, Keith<br />

and I are all three sort of attached at the hip.<br />

But I’ve probably had more conversations with<br />

Shepard. He and I talk two or three times a<br />

month on both personal and TCA issues. We’ve<br />

become really good friends through this.<br />

Thank you Mr. Chairman.<br />

30 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2016</strong>


SPRING | TCA <strong>2016</strong><br />

Member Mailroom<br />

“What’s the best way<br />

to<br />

GROW<br />

TCA?”<br />

Good question. This was a key strategic topic at the<br />

<strong>Truckload</strong> Carriers Association Board Meeting in March<br />

at TCA’s annual convention.<br />

Growing TCA directly affects our ability to serve the<br />

industry and pursue the many outreach initiatives that<br />

allow us to give back to the trucking industry that we love<br />

and serve. Wreaths Across America, Heroes to Highways,<br />

The Wall That Heals and the U.S. Capitol Christmas<br />

Tree are projects that we are honored to invest our<br />

resources in.<br />

Beyond these initiatives, TCA’s extensive education,<br />

training programs and certifications, our advocacy for<br />

legislation that will better serve the truckload market, and<br />

our many programs designed for fleet executives, human<br />

resources managers, as well as other key staff, are why<br />

TCA is a valuable partner.<br />

The best way to grow TCA so we can continue the<br />

work we are doing is to grow our membership base.<br />

The association took an important step this past year by<br />

hiring a full-time membership specialist whose job is to<br />

communicate the TCA value proposition to both current<br />

and prospective members.<br />

It soon became clear to the membership team that the<br />

most effective way to tell the TCA story is from the perspective<br />

of a current member. Whether they are for-hire<br />

carriers or associate members, prospective members<br />

want to know, “How can TCA help us to become more efficient<br />

and profitable in this ever-changing marketplace?”<br />

That’s why the Board of Directors voted unanimously<br />

at its March meeting to adopt a peer-to-peer membership<br />

initiative that has been titled <strong>Truckload</strong> Refueled.<br />

This initiative officially adds outreach to TCA board<br />

member responsibilities. Each board member will be<br />

contacting two prospective member companies monthly,<br />

in writing and by phone, to begin a conversation about<br />

what TCA membership has meant to their company.<br />

Each board member has a different perspective and a<br />

unique story. And they want others to know how being a<br />

member of TCA has positively impacted their company,<br />

culture, and bottom line.<br />

As an organization, we could not be more excited that<br />

our leaders will become the most vocal advocates for<br />

all that TCA is doing for trucking. Stay tuned for more<br />

information on the success of <strong>Truckload</strong> Refueled as we<br />

observe how these grass-roots conversations reenergize<br />

our growing industry.<br />

TCA <strong>2016</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 31


SPRING | TCA <strong>2016</strong><br />

Talking TCA<br />

j o h n ly b o l d t | p r e s i d e n t<br />

B Y d o r o t h y c o x<br />

Some people think compassion means feeling sorry for someone.<br />

Some think it’s more like having empathy and feeling someone’s hurts<br />

and triumphs with them.<br />

But <strong>Truckload</strong> Carriers Association President John Lyboldt was taught<br />

early on that it means caring enough for someone enough to tell them the<br />

hard truth, or as Lyboldt puts it, “the good, the bad and the ugly” to effect<br />

change for the better. But it has to be built on trust, which — Lyboldt<br />

noted — takes a long time to develop.<br />

He remembers a team member he worked with who was “sitting on her<br />

hands” and not living up to her potential and who was actually contemplating<br />

leaving the division they were in.<br />

So Lyboldt took her aside in his office and “I called her out on it … Just<br />

sitting there talking to her I impacted her life in a great way. I was able<br />

to effect change in the way she thought about things and she didn’t leave<br />

the division.”<br />

Unfortunately today, he observes, “There are a lot of people who don’t<br />

want to take the time and in the positions I’ve been in to really work on<br />

the people side of it to me, that is it. It’s the most important part of what<br />

I do. So that one individual became a director; she graduated with a<br />

four-year degree. She was very, very successful in what she’s done with<br />

her life.” That, he said, is “a sign of commitment with a lot of compassion<br />

behind it.”<br />

Talk to him for any length of time and it’s evident that Lyboldt is bringing<br />

this unflinching compassion, plus his excitement and zeal, to the<br />

<strong>Truckload</strong> Carriers Association, where he was named president November<br />

25, 2015, and took office December 21.<br />

Even before he applied for the job as TCA’s new president, Lyboldt researched<br />

the organization thoroughly, pulling financials and talking to two<br />

different esteemed economists about what trucking and specifically truckload<br />

freight mean to the U.S. economy. “John,” they told him in two separate<br />

phone calls, “it’s the No. 1 indicator of the health of this country.”<br />

Lyboldt said, “I always thought it was cars and trucks and housing and<br />

they said, ‘That’s two and three.’”<br />

So he began picturing in his mind “what the truckload carriers meant<br />

to our country from an economic contribution standpoint. But then I started<br />

researching and understanding a little bit about the humanity, and the<br />

types of things that they did.”<br />

And he told the TCA interview team, “What excites me about this opportunity<br />

is that I think I can make a difference and I’m passionate about<br />

it. …”<br />

When he got the call from Keith Tuttle that he’d been chosen as the<br />

new president out of 70 candidates Lyboldt said simply, “Wow. Thank<br />

you.<br />

“I felt like this is exactly what I needed to do and this is exactly the<br />

organization I needed to do it in,” he recalls.<br />

But to know why that fit is such a good one, we have to go back to<br />

Lyboldt’s growing-up years, to find out what molded and shaped him.<br />

The youngest of nine children (five sisters and three brothers), Lyboldt<br />

was born and grew up in Rochester, New York, in a house that overlooked<br />

Lake Ontario.<br />

It was in Rochester that a community of Jesuits “really taught me<br />

about compassion,” Lyboldt said, adding that his mom used to cook for the<br />

Jesuits for a couple of years “because they really didn’t have very much.”<br />

And his family was one of 12 families which started McQuaid Jesuit<br />

High School, which Lyboldt later attended and graduated from in his junior<br />

year.<br />

“I really didn’t get it” at first about compassion, he said. “I kind of got<br />

it but I really didn’t get it until I got older and then I realized what it was<br />

they were really strong on, what they really wanted us to understand.”<br />

The Boy Scouts also helped to mold him.<br />

“My backyard was Lake Ontario … I was fortunate to live out in the<br />

country and I spent a lot of time in the woods with friends and was very<br />

sports minded,” Lyboldt said. A close family friend was big into scouting<br />

and introduced him to a Boy Scout troop, and he said, “It was a big deal<br />

because at that time mom and dad were done with the camping; they<br />

were quite a bit older and they’d already been through the camping routine<br />

with the rest of the family so at 12 I was introduced to Scouts and it<br />

was a great thing for me.”<br />

He loved the leadership part of scouting and was chosen to attend a<br />

leadership course run by the Air Force — setting a pattern of holding leadership<br />

positions that advanced him through school, sports and throughout<br />

his career.<br />

Choosing a career at first, however, was not a slam dunk. Lyboldt’s<br />

dad was a dentist, his mom had been a registered nurse, a brother was<br />

a dentist, one sister was a dental hygienist and another was a registered<br />

nurse. Even a career aptitude test said he should be a dentist. “I thought<br />

my dad had rigged it,” he said, chuckling.<br />

It seemed in the cards that the youngest Lyboldt child would become a<br />

dentist so he studied biology at Le Moyne College in Syracuse, New York,<br />

but he said, “I just wasn’t sure that it was the right thing for me.” Finally,<br />

after a visit to Tufts University Dental School, he knew it was time to deliver<br />

the news to his dad that he wasn’t going to be a dentist.<br />

“He was quiet for a minute then he says, ‘Why?’ And I said, ‘I just don’t<br />

think I’m going to be happy doing it’ and he said, ‘That’s the best answer<br />

you could have given me. Don’t do it.’”<br />

Then he dropped the bombshell: “I’m going to play professional ball<br />

(golf).”<br />

“You’re going to do what?” his dad said. “John, you’ve got an education<br />

… .”<br />

“Dad,” he said, “I need to do this.” So Lyboldt drove down to West Palm<br />

Beach, Florida, and within six weeks had a position at the PGA of America<br />

and within a year was assistant golf pro. He also worked at organizing<br />

tournaments for the PGA and met his wife Lynne there as well as many<br />

well known in the golf world including Craig Harmon and Jack Lumpkin.<br />

Now a couple, the two realized that for many, the pro golf lifestyle necessitated<br />

leaving family behind up North and heading down to Florida in<br />

the winter and that in addition to being separated from family, the pay for<br />

the most part was only good six months out of the year.<br />

So he returned to Le Moyne and got a degree with a major in biology<br />

(because he already had most of the hours) and focused on computer science<br />

and business.<br />

Upon graduation, Dale Carnegie picked Lyboldt up as a trainer and<br />

he found himself working with an automobile dealership. They hired him<br />

away by doubling, then tripling, his salary and by that time, Lyboldt said,<br />

“our second child was on the way,” so he took it.<br />

While there he supported a dealer, helping him set up a minority dealership,<br />

“and it was probably one of the best experiences of my life,” Lyboldt<br />

remembers, “just a great opportunity in leadership and helping him<br />

32 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2016</strong>


TCA <strong>2016</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 33


work through the details of running a good dealership, the first store the<br />

individual ever had, and I worked there for over two years.”<br />

But the car dealership business wasn’t nine-to-five and his wife reminded<br />

him that they had left the pro golf business because it took so<br />

much time away from family and now he was working in the car business<br />

six or seven days a week.<br />

“I didn’t have an answer for her,” he said.<br />

But he looked in the Rochester, New York, paper and saw an ad there<br />

for a director of finance and insurance for the Rochester Automobile<br />

Dealers Association “and something came over me; I just felt like, ‘wow,<br />

that could be something I would be interested in doing.’”<br />

After three rounds of interviews he was hired and a year and a half<br />

later when the president of the association retired, he put Lyboldt up for<br />

the job and at 29, he became president of RADA.<br />

It would be a baptism by fire.<br />

Sixteen Chevrolet dealerships had been indicted by the Attorneys<br />

General Office for price fixing “so that was just starting when I took over<br />

as president and I had 21 employees and I was barely making payroll so<br />

I stepped into that,” he said.<br />

His first three months as RADA president were spent in a courtroom<br />

“and it was grueling,” he said.<br />

“To give you an idea, if a dealer is convicted of a felony, their franchise<br />

with the manufacturer is null and void. Everything they’ve worked<br />

for goes away.”<br />

Also “at the time, they had got a couple of dealers to turn state’s<br />

evidence so I had kind of a split membership going on.”<br />

And in an unprecedented move, the dealerships and their attorneys<br />

decided not to call witnesses; “we elected not to defend, which in this<br />

case took a lot of guts.”<br />

The case stemmed from a tent sale the dealers had held and because<br />

individuals got better pricing at the event than they did in a normal sale,<br />

although it was different for each dealer. “But because it was a collective<br />

effort they felt like it was collusion.”<br />

The judge questioned them soberly, asking if they knew what it<br />

meant electing not to defend. “And of course we did,” Lyboldt said. “And<br />

he called the jury back and of course the state’s objecting; they want us<br />

to call a witness but the judge said, ‘Nope, they’re not going to defend;<br />

they’re not going to call a witness.’”<br />

After deliberating about three hours the jury came back with “not<br />

guilty, not guilty, not guilty.”<br />

The case had been big headline news, with pictures showing the dealers<br />

being handcuffed and indicted.<br />

When they left the courtroom victorious, Lyboldt said he would do the<br />

talking and told the others, “No high fives; we’re going to be a professional<br />

group of people walking out of the courtroom.”<br />

But when they came out the courtroom doors, the only person there<br />

was the janitor, mopping the floor. Later there was small story about the<br />

trial’s outcome buried back in the paper with a headline that read: “Dealers<br />

found not guilty.”<br />

Lyboldt went back and got to work, surrounding himself with “a lot<br />

of good dealers around me” and built a “rock solid” program and got he<br />

association on solid financial ground as well.<br />

He gained a reputation for “creating — creating new business models,<br />

developing new arrangements, not only in business but also in education<br />

and training.”<br />

Thus he was approached at a meeting of National Automobile Dealers<br />

Association (NADA) by the immediate past chairman, the current chairman<br />

and the incoming chairman, who asked him to come to NADA as vice<br />

president of dealership operations, explaining that “there was some work<br />

that needed to be done.”<br />

He arrived at NADA on May 28, 2007, and proceeded to work through<br />

a lot of procedural changes.<br />

Then 2008, 2009 and 2010 hit, and banks began to pull away from<br />

some of their dealer finance loans.<br />

So he rolled up his sleeves and went to work with the legal team at<br />

NADA, even working on the White House task force, and put together some<br />

statistics and “some compelling stories” to take and present to the New York<br />

Federal Reserve Chairman to get help in mitigating the closure of car dealerships<br />

that was going on because of the economic downturn, the shrinking<br />

ABS (Asset Backed Securities) sources and the declining floor plan options.<br />

“This affected the marketplace because … there were few out there<br />

doing that type of business and it was tough,” he said.<br />

“President Obama wasn’t happy with us; he came out three times<br />

against us but we were able to get people who wanted to take a look at<br />

this and understand it … and we won that battle.”<br />

34 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org


“So we were actually able to work on the<br />

Chrysler and GM bankruptcies and hired two<br />

law firms and we were able to get 400 Cadillac<br />

stores reinstated and saved many other dealerships<br />

from the immediate closures.”<br />

He served also as vice president of dealer<br />

services and had risen to senior vice president<br />

of dealer services at NADA when made the move<br />

to TCA.<br />

He explained that his budget had grown at<br />

NADA and so had the number of employees but<br />

it had turned into a job that was heavily administrative<br />

and he missed “the things I had honed<br />

my skills on in Rochester, all of the advocacy,<br />

the diplomacy, the public speaking, working in<br />

the community, across the entire association,<br />

making some tough calls when calls had to be<br />

made. … And I did this to myself. We took it<br />

from an inefficient operation to one that was extremely<br />

profitable and successful.”<br />

So Lyboldt said he went through a period of<br />

struggling at NADA, being unhappy. He even<br />

went so far as to hire a career coach to help<br />

him find out what was wrong. The answer was<br />

simple: He wasn’t doing what he loved to do<br />

— mentoring, training people, summoning the<br />

compassion to tell people the sometimes unwelcome<br />

truth and most importantly — impacting<br />

peoples’ lives for the better.<br />

His coach concurred. “John,” she told him,<br />

“the only way you’re going to get back to where<br />

you were and happy is to be a president and<br />

CEO.”<br />

That was in August of last year. In September<br />

he saw the TCA ad for president on the website<br />

of the American Society of Association Executives,<br />

which he’d belonged to “forever.”<br />

So he did his research and became enamored<br />

with the importance of truckload freight<br />

to the economy and when he went to the TCA<br />

job interview he liked the way they went about<br />

the process. There was an easiness, a give-andtake,<br />

and “I felt like I had known them for 20<br />

years.”<br />

“I was myself,” he said, “I had nothing to<br />

prove to anybody. I gave them answers that<br />

were important responses but at the same time I<br />

questioned them a lot … I was impressed with the<br />

way they were organized. They asked the right<br />

questions and they wanted to know more.”<br />

It was already a good fit, so when Lyboldt<br />

got the call he had been chosen president, the<br />

excitement he thought was lost was back. “I<br />

hadn’t had that feeling in a long time,” he said.<br />

And to cinch the deal, his wife Lynne, after<br />

asking him if he was sure he wanted to leave<br />

NADA, said, “Great, let’s go.”<br />

Q & A With john lyboldt<br />

DATE AND PLACE OF BIRTH: April 6, 1956, St. Mary’s<br />

Hospital, Rochester, New York.<br />

MY TRADEMARK EXPRESSION IS: Be brief, be bright,<br />

be gone.<br />

MOST HUMBLING EXPERIENCE: A golf swing analysis<br />

with Jack Nicklaus.<br />

PEOPLE SAY I REMIND THEM OF: Nashville District<br />

Attorney Glenn Funk – Google it.<br />

I HAVE A PHOBIA: Losing my life partner, Lynne Lyboldt.<br />

MY GUILTY PLEASURE: New Castle Imported.<br />

THE PEOPLE I’D INVITE TO MY FANTASY DINNER<br />

PARTY: Jack and Barbara Nicklaus, Phil and Amy Mickelson,<br />

Brue <strong>Spring</strong>steen and Patti Scialfa.<br />

I WOULD NEVER WEAR: A turtleneck sweater.<br />

A GOAL I HAVE YET TO ACHIEVE: A hole-in-one.<br />

THE LAST BOOK I READ: “Caddy for Life.”<br />

LAST MOVIE I SAW: “Fool’s Gold.”<br />

MY FAVORITE SONG: The staff would tell you “they are<br />

all my favorite.”<br />

IF I’VE LEARNED ONE THING IN LIFE,<br />

IT WOULD BE: Compassion.<br />

MY PET PEEVE: Loud people.<br />

THE THING ABOUT MY OFFICE IS: Organized.<br />

ONE WORD TO SUM ME UP: Considerate.<br />

MY HARDEST PROBLEM AS A PROFESSIONAL IS:<br />

Seeing people not living up to their potential.<br />

TCA <strong>2016</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 35


TCA Honors America’s<br />

best fleets<br />

®<br />

Sponsored by:<br />

By Jack Whitsett<br />

<strong>Truckload</strong> carriers Bison Transport<br />

and FTC Transportation, Inc. won the<br />

<strong>Truckload</strong> Carriers Association (TCA)<br />

<strong>2016</strong> Best Fleets to Drive For award<br />

March 8.<br />

FTC, located in Oklahoma City,<br />

won the smaller carrier category,<br />

sponsored by in-cab entertainment<br />

service provider EpicVue. Bison, of<br />

Winnipeg, Manitoba, Canada, topped<br />

the larger fleet category, sponsored<br />

by Bose Corp., manufacturer of Bose<br />

Ride system. The awards were presented<br />

at TCA’s Annual Convention at<br />

the Wynn Las Vegas Resort.<br />

Bison won the Best Fleet award<br />

for the second time in a row and has<br />

made the Top 20 finishers’ list six<br />

times, TCA reported. FTC won for the<br />

first time after three previous Top 20<br />

placements. FTC is the smallest fleet<br />

to make the Top 20 finalist list.<br />

“What happens in a trucking<br />

company every day is the biggest<br />

opportunity for increasing revenue<br />

and net profit,” said TCA President<br />

John Lyboldt. “The leaders and their<br />

teams who have figured this out<br />

are examples for all of us to learn<br />

from. The Best Fleets winners raise<br />

the bar for all of us to reach for, and<br />

they provide a road map of success<br />

in building a sustainable work<br />

force. Anyone who loves what they<br />

do knows they are valued, important<br />

and respected.”<br />

CarriersEdge, the Canadian software<br />

training company, partnered<br />

with TCA to sponsor the award.<br />

CarriersEdge CEO Jane Jazrawy<br />

praised the winners’ safety records.<br />

“It’s interesting that both of our<br />

Best Fleets overall winners are also<br />

previous grand champions in the safety<br />

arena … it may well be that their<br />

safety numbers are outstanding because<br />

of all the other things that they<br />

do,” she said.<br />

Nominees were evaluated on driver<br />

compensation, pension and benefits,<br />

professional development, driver<br />

and community support and safety<br />

record, among other areas.<br />

Bison takes particular pride in the<br />

Best Fleets to Drive For award, said<br />

Director of Safety and Driver Development<br />

Garth Pitzel.<br />

“What makes the Best Fleet to<br />

Drive For so special is we were nominated<br />

by a driver and we had to have<br />

150 drivers complete an online survey,”<br />

he said.<br />

The company uses the Internet to<br />

promote and reinforce driver communication,<br />

added Pitzel, who has been<br />

with Bison for 22 years, 15 in his current<br />

position.<br />

“We’ve created an Internet-based<br />

system. All memos are electronic so<br />

[drivers] have access to them 24/7,”<br />

he said. “We have put their pay [information]<br />

there because if their pay is<br />

there they’re going to use the site.<br />

“We’re constantly doing surveys<br />

and questionnaires asking them their<br />

opinion. We also ask the family,” Pitzel<br />

said. “We have a driver advisory<br />

board that consists of almost 30 drivers.<br />

We have two daylong meetings<br />

with them and update them on what<br />

the business is doing.”<br />

FTC constantly seeks ways to<br />

improve drivers’ jobs and teamwork<br />

among employees, said Emory Mills,<br />

the carrier’s director of safety and<br />

driver administration.<br />

“A constant conversation among<br />

our team is ‘how do we improve, what<br />

can we do better?’” she said. “From his<br />

first day at FTC, [President] Travis Arnold<br />

has instilled in each of us the old<br />

saying by Henry Ford: ‘If you always<br />

do what you have always done, you<br />

will always get what you have always<br />

gotten.’ What that means to each of<br />

us is that complacency is not allowed<br />

and good is never good enough,” she<br />

said.<br />

“Our employees stay with us because<br />

in return for their service they<br />

get honesty, respect, and to be part of<br />

a team whose focus is to help others,”<br />

Mills said. “We work to meet the individual<br />

wants and needs of each driver,<br />

as one driver’s needs will never be<br />

the exact same as their fellow driver.<br />

Whether they have a need for more<br />

miles, or want more home-time with<br />

their family, or they need someone to<br />

talk with, every driver is treated with<br />

respect and as the individual they<br />

are.”<br />

Left to right, Jane Jazrawy of CarriersEdge, Garth Pitzel<br />

of Bison Transport and Al Anderson of Bose Corp.<br />

Left to right, Jane Jazrawy of CarriersEdge, Travis Arnold<br />

of FTC Transportation, Inc., and Lance Platt of EpicVue.<br />

FTC, similar to Bison, is program-driven, Mills said.<br />

“We have put a lot of focus on two-way communication<br />

through multiple forms including such ways as in-cab communications,<br />

monthly newsletters, monthly safety committee<br />

meetings which are co-chaired by members of our driving<br />

force, open door policies from maintenance to safety to<br />

executive personnel … and social media, so we can celebrate<br />

our team and share information with employees and their<br />

families,” she said.<br />

“Another program, which we put into place several years<br />

ago and have found to be very successful, is our driver mentor<br />

program. Although drivers have at least two years of<br />

experience when they join our team, we send them out with<br />

one of our tenured drivers for their first pick-up after orientation.<br />

This gives the new driver someone who they can call<br />

with questions and ask advice of, someone who shares in the<br />

same types of job duties,” Mills added.<br />

Finally, FTC offers benefits “uncommon in a fleet of FTC’s<br />

size,” TCA reported in a recent news release.<br />

Mills confirmed the company’s belief in a solid benefits<br />

package.<br />

“At FTC we believe in putting everything back into programs<br />

and our people, with special emphasis on our drivers,”<br />

she said. “Over-the-road drivers make sacrifices for their<br />

careers, including time with their families and many of the<br />

conveniences most of us take for granted. It is our goal to<br />

lessen their burden through every means possible. With that<br />

in mind, a large portion of our budget is allotted for safety<br />

programs, benefits, and pay.”<br />

36 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2016</strong>


TCA Honors America’s<br />

safest fleets<br />

Sponsored by:<br />

By Jack Whitsett<br />

Bison Transport and FTC Transportation,<br />

Inc. were named safest truckload carriers<br />

in North America March 9 for the second<br />

consecutive year by the <strong>Truckload</strong> Carriers<br />

Association (TCA). The National Fleet Safety<br />

Awards, which capped TCA’s annual convention<br />

at the Wynn Las Vegas Resort, are<br />

sponsored by Great West Casualty Co.<br />

“Due to the tight competition, it is extremely<br />

difficult to earn the grand prize in<br />

this contest once — let alone the same two<br />

companies two years in a row,” said TCA<br />

President John Lyboldt. “These fleets have<br />

well-crafted and carefully implemented<br />

safety programs that not only work, but<br />

take these companies to a higher level.<br />

They absolutely deserve the honor a second<br />

time.”<br />

Based in Winnipeg, Manitoba, Canada,<br />

Bison Transport won for truckload carriers<br />

in the large carrier division, which includes<br />

companies with annual mileage of at least<br />

25 million miles. FTC, of Oklahoma City,<br />

won for the small carrier division (less than<br />

25 million miles).<br />

“Like any company, Bison strives to<br />

make a profit,” a TCA press release noted,<br />

“yet it puts its safety record at the forefront<br />

of everything it does, knowing that safety<br />

impacts the sustainability of the company<br />

and the livelihoods of people and families.”<br />

A large part of Bison’s safety program<br />

revolves around the slogan, “You’re Safe<br />

With Me,” promoted through campaigns,<br />

signing and awards, TCA said, “providing<br />

necessary and consistent reinforcement to<br />

all employees of the value of Bison’s safety<br />

culture and the value of their actions.”<br />

Bison’s Safe Driving Reward Program<br />

provides financial incentives as well, allowing<br />

a top-level safe driver to earn as much<br />

as 15 percent above his regular compensation,<br />

TCA reported.<br />

Bison Director of Safety and Driver Development<br />

Garth Pitzel said, “It all comes<br />

down to programs. We have a phenomenal<br />

driver program and safety program. The<br />

important part is to tell them what you do<br />

and then you go out and show them what<br />

you do.”<br />

Bison’s programs “are the foundation,”<br />

Pitzel said. “We believe in those. We choose<br />

and believe in these programs and use<br />

them in our decision-making process every<br />

day. We set out to make the lives of our<br />

professional drivers better.”<br />

Pitzel pointed to Bison’s “Right to Decide”<br />

program as “the single most important<br />

policy we have in our business.”<br />

Under the program, drivers can decide<br />

for themselves if they are able to drive or<br />

need to come off the road for reasons of<br />

health, weather, etc. The driver need only<br />

report the situation to Bison management,<br />

owner-operator Edward “Mark” Tricco, the<br />

Driver of the Year winner, said.<br />

The purpose of the program, aside from<br />

safety, is “To hold people accountable and<br />

at the same time let them know that they<br />

are the one responsible,” Pitzel said.<br />

FTC makes safety a part of every employee’s<br />

annual performance review, with<br />

safety scorecards through which employees<br />

can earn a variety of incentives.<br />

FTC includes two months of special activities<br />

including mock DOT inspections,<br />

employee weight loss challenges and ridealongs.<br />

New employee assistance and driver<br />

mentoring also support FTC’s safety culture,<br />

according to TCA.<br />

FTC places emphasis on the connection<br />

between safety and a driver’s good health,<br />

said Emory Mills, director of safety and driver<br />

administration. “Without good health, it<br />

stands to reason our employees would not<br />

be able to fully focus on safety in the workplace,”<br />

she said. “Just as most companies,<br />

we offer a full range of benefits which include<br />

health and dental insurance, disability,<br />

etc. Where we may differ from some of our<br />

fellow companies, though, is the emphasis<br />

placed on health and well-being throughout<br />

the year and incorporated into many of our<br />

programs. For instance, each January we<br />

kick off a company-wide weight-loss challenge;<br />

we offer smoking cessation and other<br />

health and wellness information and tips<br />

through communications, newsletters and<br />

social media; and we’ve contracted with<br />

an employee assistance program that gives<br />

our employees and their families access in<br />

person, via telephone, and even online to<br />

assistance with everyday issues.”<br />

FTC also makes time for safety testing,<br />

Mills said, through inspection quizzes.<br />

“With regard to the safety side of Health<br />

and Safety Awareness Month, last October,<br />

in what has turned out to be one of our<br />

most well-received and successful training<br />

tools, we incorporated pre-trip inspection<br />

pop quizzes which were given to every<br />

safety professional,” she said. “Our maintenance<br />

team placed one tractor and trailer<br />

out of service and then salted it with more<br />

than 20 defects.”<br />

In addition, FTC has modified driver bonus<br />

programs to fully include safety goals.<br />

“We have made several changes over<br />

the years to both reward [drivers] for excellence<br />

and keep the spotlight on our first<br />

priority — safety,” Mills said. “As a result,<br />

we modified our former quarterly fuel bonus<br />

into a safety and fuel conservation bonus.<br />

Essentially, our drivers have to achieve a<br />

total of five safety goals before being qualified<br />

for the bonus based on their overall fuel<br />

economy. If they are not able to achieve<br />

even one of the five safety goals, they are<br />

disqualified for the entire quarter’s bonus.”<br />

“We went on to revise both our sign-on<br />

and driver referral bonuses to also include a<br />

safety element. To achieve the bonus, they<br />

GREAT WEST CASUALTY COMPANY<br />

The Difference is Service<br />

Bison Transport President and COO Rob Penner,<br />

left, accepts the National Fleet Safety Award for<br />

large carriers from Patrick Kuehl, executive vice<br />

president of Great West Casualty Co., which sponsors<br />

the competition.<br />

FTC Transportation, Inc. President Travis Arnold, left,<br />

accepts the National Fleet Safety Award for small<br />

carriers from Patrick Kuehl, executive vice president<br />

of Great West Casualty Co.<br />

must have had zero preventable accidents or incidents<br />

during the six months leading up to each payment or<br />

they are disqualified from that portion. The same is<br />

true for the driver referral bonus program, but in this<br />

instance the payment of each of the three payments on<br />

this bonus are reliant on the newly hired driver’s safety<br />

performance, not the referring driver.”<br />

38 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2016</strong>


TCA Honors America’s<br />

Top Drivers<br />

Sponsored by:<br />

By Jack Whitsett<br />

Edward “Mark” Tricco, an owneroperator<br />

leased to Bison Transport<br />

of Winnipeg, Manitoba, Canada, and<br />

Danny Smith, who drives for Big G Express,<br />

Inc. of Shelbyville, Tennessee,<br />

won the 2015 Driver of the Year awards<br />

presented last month by the <strong>Truckload</strong><br />

Carriers Association. The awards were<br />

presented at TCA’s annual convention<br />

in Las Vegas. Each received a $25,000<br />

cash prize.<br />

Bison President and COO Rob<br />

Penner praised Tricco, who has racked<br />

up more than 4.4 million accident-free<br />

miles in a 35-year career.<br />

“Bison is a strong, safe and healthy<br />

organization because of independent<br />

businessmen like Mark,” Penner said.<br />

“He does not hesitate to take opportunities<br />

to learn and develop his business.<br />

Aside from being a great professional,<br />

he is also a great person. We are very<br />

proud of Mark.”<br />

Big G Express, Inc.’s Vice President<br />

of Safety Kristi Seibers called Smith,<br />

who has driven over 3 million accidentfree<br />

miles in 35 years, “the type of driver<br />

every safety department dreams of.”<br />

“Not only does he follow the laws<br />

and policies put into place, but he also<br />

acts as a mentor to other drivers and<br />

helps promote safety throughout the<br />

fleet,” she said. “He goes above and beyond<br />

to promote safety and a positive<br />

image for the trucking industry.”<br />

Tricco, despite his outstanding record,<br />

refused to take his accomplishment<br />

too seriously, managing to keep<br />

a sense of humor regarding his driving<br />

exploits.<br />

When asked the key to his success,<br />

Tricco said, “I drive on the sidewalks.<br />

It’s safer.”<br />

Attempting a serious answer, he attributed<br />

his record to “a little bit of luck<br />

and a lot of experience. Always expect<br />

the unexpected,” he said. “The biggest<br />

thing is, it always could be worse. Don’t<br />

get in a fighting match. It’s not going to<br />

do any good, and it’s going to give you<br />

high blood pressure.”<br />

Tricco said helping others is another<br />

key to a successful, safe trip.<br />

“If somebody’s broken down on<br />

the side of the highway, I’ll try to help<br />

them.”<br />

Bison’s attitude toward drivers is a<br />

big help, Tricco said, and a key reason<br />

he’s been an owner-operator for the<br />

company for 20 years. The company,<br />

through its “right to decide” program,<br />

respects a driver’s decision on whether<br />

it’s safe to drive, he said.<br />

“You can call the office and tell them,<br />

‘I got to sit down,’” he said. “They won’t<br />

force you to get out and drive. As long<br />

as you contact the proper authorities<br />

Left to right, Brad Holthaus of Randall-Reilly; Company Driver of the<br />

Year Danny Smith of Big G Express, Inc.; Randy Vernon of Big G Express,<br />

Inc.; and Jon Archard of Love’s Travel Stops.<br />

Left ro right, Amy Boerger of Cummins, Inc.; Owner-Operator of the<br />

Year Edward “Mark” Tricco of Bison Transport; Garth Pitzel of Bison<br />

Transport; and Brad Holthaus of Randall-Reilly.<br />

here at Bison … they’ll tell you to park it.<br />

If you’re sick on the road, they’ll make<br />

arrangements for another driver.”<br />

Smith, a captain on America’s Road<br />

Team and a former captain of the Tennessee<br />

Road Team, has been a finalist<br />

for Driver of the Year twice before, a<br />

TCA news release reported.<br />

He attributed his success to “developing<br />

and learning good safety habits<br />

in the very beginning. It’s like second<br />

nature to be safe.”<br />

Smith said he checks his equipment<br />

every morning and maintains a reasonable<br />

speed.<br />

“I’m not a very fast driver. I’m<br />

steady. I always get there,” he said.<br />

“I have to give a lot of thanks to<br />

God,” Smith said. “Bad scrapes happen.<br />

We all have been there. Sometimes you<br />

don’t know how you escaped.”<br />

Family plays a large part in his driving<br />

record as well, Smith added.<br />

“Without the support of family behind<br />

you it’s very hard to survive,” he<br />

said. “I’ve got the best wife and kids<br />

in the world. I work for a really great<br />

company that supports me.<br />

“They treat me like family. I’m very<br />

fortunate that 21 years ago I made one<br />

of the best decisions of my life [to join<br />

Big G].”<br />

Smith said he is happy to mentor<br />

new drivers.<br />

“The first 90 days is the most critical<br />

time” for new drivers, he said. Many<br />

times it’s just a matter of giving the<br />

new driver Smith’s phone number.<br />

“A lot of times they get frustrated<br />

and they don’t know who to talk to,”<br />

Smith said. “They can make a phone<br />

call. I can walk them through it. I may<br />

never meet the guy. Part of that for me<br />

is giving back to the company because<br />

they’ve been so good to me.”<br />

Smith said Big G isn’t afraid to tackle<br />

new technology.<br />

“We try to stay ahead,” he said.<br />

“Sometimes I’m kind of the guinea pig<br />

for that.”<br />

Smith also admires the company’s<br />

method of capital improvement.<br />

“Their philosophy is ‘We won’t do<br />

something until we have the money<br />

to do it,’” he said. “Five years ago Big<br />

G became an employee-owned company.<br />

Every year we get more shares.<br />

My ESOP (employee stock option plan)<br />

account doubled last year. If I can get<br />

better fuel mileage, that’s just more<br />

money at the end of the year.”<br />

The prestigious Driver of the Year<br />

contests recognize the top company<br />

drivers and owner-operators in the<br />

U.S. and Canada who provide reliable<br />

and safe truck transportation in moving<br />

the nation’s goods. The overall winners<br />

are selected from the finalists based on safe driving, efforts to<br />

enhance the public image of the trucking industry, and positive contributions<br />

to the winners’ local communities. For the owner-operator<br />

candidates, business skills are also judged.<br />

The runner-ups — Glen Horack of Elkland, Missouri, who is leased<br />

to Prime, inc., of <strong>Spring</strong>field, Missouri; Guy Broderick of Cambridge,<br />

Ontario, who drives for APPS Transport Group of Brampton, Ontario;<br />

and David McGowan of Marinette, Wisconsin, who drives for WEL<br />

Companies, Inc., of De Pere, Wisconsin — each received checks for<br />

$2,500.<br />

TCA <strong>2016</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 39


Members of the <strong>Truckload</strong> Carriers Association gathered in<br />

Las Vegas March 6-9 for the 78th annual convention. It was<br />

the inaugural meeting for new TCA President John Lyboldt,<br />

who hosted a member reception the night before the convention<br />

began. In the first general session Monday morning,<br />

former Deputy Chief of Staff and Senior Advisor to President<br />

George W. Bush and current political analyst Karl Rove gave<br />

his insight on the <strong>2016</strong> presidential race, TCA Chairman Keith<br />

Tuttle reviewed a successful year and John Lybodlt spoke<br />

about the bright future of TCA.<br />

Monday evening, guests at the annual Scholarship Gala,<br />

which carried a disco theme, raised $275,000 for the TCA<br />

Scholarship Fund.<br />

Tuesday, incoming TCA Chairman Russell Stubbs addressed<br />

the membership and economist John Larkin presented his outlook<br />

for <strong>2016</strong>. Tuesday evening, the annual banquet featured<br />

presentation of the Driver of the Year awards and the Safest<br />

Fleets awards and ended with comedian Jeff Allen keeping the<br />

attendees laughing.<br />

Wednesday morning, digital expert Johnathan Perelman<br />

talked about growing a business with sharable data.<br />

1. 2015-<strong>2016</strong> TCA Chairman Keith<br />

Tuttle addresses the delegates during<br />

Monday’s general session.<br />

2. Comedian Jeff Allen kept the audience<br />

laughing all night during Tuesday’s<br />

Annual Awards Banquet.<br />

3. Convention registrants were treated<br />

to breakfast each morning.<br />

4. Outgoing Chairman Keith Tuttle gets<br />

his green jacket from former chairman<br />

Shepard Dunn.<br />

5. New TCA Chairman Russell Stubbs<br />

gives his inaugural Chairman’s Remarks<br />

address.<br />

6. TCA members assisted behind the<br />

registration desk, as well as in the Trucking<br />

in the Round workshops.<br />

7. John Larkin talks about trends and<br />

the economic outlook during a general<br />

session.<br />

8. <strong>Truckload</strong> <strong>Authority</strong> Publisher Micah<br />

Jackson and Sales and Creative Director<br />

Raelee Toye Jackson presented TCA<br />

Chairman Keith Tuttle with a framed<br />

<strong>Truckload</strong> <strong>Authority</strong> cover.<br />

2<br />

9. Cummins, Inc. and Love’s Travel<br />

Stops sponsored Driver of the Year<br />

contests.<br />

10. TCA President John Lyboldt<br />

hosted a member reception.<br />

11. LaunchIT Public Relations’ Susan<br />

Fall was named the 2015 Rigster of<br />

the Year for bringing in the most new<br />

members for 2015. Membership Committee<br />

Co-chair Al Anderson, left, Mike<br />

Eggleton Jr. of Raider Express look on.<br />

12. Decades, a popular Las Vegas<br />

cover band, performed at the Scholarship<br />

Gala.<br />

5<br />

6<br />

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4<br />

40 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2016</strong>


15<br />

19<br />

11<br />

16<br />

20<br />

5<br />

8<br />

12<br />

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9<br />

13<br />

18<br />

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7<br />

10<br />

13. Shoe shines and smartphones go hand-in-hand.<br />

14. Freightliner Trucks and Pilot Flying J underwrote the<br />

entire Third Annual Scholarship Fund Gala.<br />

15. Jonathan Perelman’s Wednesday presentation was<br />

titled “Growing Your Business with Shareable Content.”<br />

16. Women In Trucking sponsored a workshop.<br />

17. Prime, inc. professional truck driver Josh Grimaldi<br />

accepts his “EpicAngel” trophy during Monday’s session.<br />

Lance Platt, CEO of EpicVue and Highway Angel spokesperson<br />

Lindsay Lawler look on.<br />

18. Guests mingle at the reception honoring Chairman<br />

Keith Tuttle.<br />

19. It was a full house to hear Karl Rove speak during<br />

Monday’s general session.<br />

20. Freightliner Trucks’ photo booth was a huge hit! Wigs<br />

and props were available for those interested.<br />

21. Highway Angel Spokesperson Lindsay Lawler sang the<br />

national anthem and “O Canada.”<br />

22. Ambassador Club members celebrated a five-year<br />

incremental milestone.<br />

22<br />

14<br />

21<br />

TCA <strong>2016</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 41


TCA Honors 2015<br />

highway angel<br />

Josh Grimaldi, a professional truck driver for<br />

Prime, inc. of <strong>Spring</strong>field, Missouri, has been named<br />

the <strong>Truckload</strong> Carriers Association 2015 Highway<br />

Angel of the Year, a contest sponsored by the <strong>Truckload</strong><br />

Carriers Association and EpicVue.<br />

As the 2015 “EpicAngel,” Grimaldi was honored<br />

during the opening general session of the annual<br />

TCA convention in March.<br />

“This is the real deal right here,” Grimaldi said<br />

while holding the trophy given to him by Lance<br />

Platt, CEO of EpicVue. “I want to give special<br />

thanks to TCA and the Highway Angel program.<br />

I definitely have to thank Prime for giving me the<br />

chance to be able to drive and for showing me<br />

what safety is really all about. And I want to give<br />

another special thank-you to all the Highway Angels<br />

whose stories have been told and the many<br />

whose stories have not been told. I appreciate<br />

everyone in this audience for keeping the trucks<br />

rolling.”<br />

“Josh has only been working as a professional<br />

driver for about a year now, but he certainly made<br />

a name for himself right away,” said Robert Low, a<br />

former TCA chairman and the president and founder<br />

of Prime, inc. “We are very pleased to call him<br />

part of our trucking family.”<br />

Platt said he admired Grimaldi’s efforts as well<br />

as the efforts shown throughout the years by the<br />

other awarded Highway Angels.<br />

“None of them were required to stop and help;<br />

they did it freely and on their own. It is our privilege<br />

to sponsor this very worthwhile program that recognizes<br />

them for their selfless acts of compassion,”<br />

Platt said in making the presentation.<br />

It was on December 13, 2015, on a snowy evening<br />

that Grimaldi was<br />

driving westbound on<br />

Interstate 80 over Donner<br />

Pass heading to California.<br />

He happened to<br />

glance in his side mirror<br />

just as a car was attempting<br />

to pass him.<br />

The car hit an icy patch and began to fishtail,<br />

hitting the back of Grimaldi’s trailer, blowing his<br />

trailer tire.<br />

The car — still in a spin — flipped several times<br />

before coming to rest on its side near the edge of<br />

the road. Grimaldi immediately pulled over and ran<br />

to the vehicle.<br />

“The car was completely crushed; I thought<br />

whoever is in there was dead,” Grimaldi said in recounting<br />

details of his actions.<br />

Grimaldi attempted to open the door with no<br />

success. He yelled to another motorist to call<br />

911. He then ran back to his truck and grabbed<br />

his mag flashlight, which he used to force open<br />

the car door.<br />

Inside the car Grimaldi found a woman in shock<br />

and screaming that she was pregnant. After several<br />

attempts to calm the woman and encourage her<br />

to crawl to him failed, he climbed into the vehicle<br />

and lifted the injured woman onto the top of the car.<br />

He then carried her to a nearby embankment and<br />

began to assess her injuries. After what seemed like<br />

an eternity, another vehicle stopped to help, which<br />

happened to be a nurse on her way home from the<br />

nearby hospital.<br />

After the driver was out of harm’s way and<br />

Josh Grimaldi, who pulled a pregnant woman from a<br />

crushed car, has been a professional driver for only one year.<br />

being comforted by the nurse, Grimaldi ran to<br />

his truck and began placing strobe lights on the<br />

crashed vehicle and setting up reflective safety<br />

triangles to warn other vehicles approaching the<br />

crash scene. Grimaldi then called 911 and spoke<br />

directly with the paramedics about the severity of<br />

the situation.<br />

Before he became a driver, he served in the<br />

United States Marine Corps for five years.<br />

Grimaldi said his time in the military gave him<br />

great training to think on his feet and provided him<br />

with limited medical experience.<br />

This is not the first time Grimaldi has been on<br />

the scene of an accident and helped someone in<br />

need. During his driver training he assisted in a rollover<br />

accident in Texas.<br />

42 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2016</strong>


A QUICK LOOK AT IMPORTANT TCA NEWS<br />

SMALL<br />

A QUICK LOOK AT<br />

IMPORTANT TCA NEWS<br />

TALK<br />

Past Chairmen’s Award<br />

The <strong>Truckload</strong> Carriers Association (TCA) has bestowed its prestigious Past Chairmen’s<br />

Award on Dan England, chairman of the board for C.R. England, Inc., of Salt Lake City, and a<br />

former chairman of TCA from 1997-98.<br />

The presentation took place at the annual convention in March at the Wynn Las Vegas.<br />

C.R. England was originally established in 1920 as a one-man trucking company. Today,<br />

it employs more than 7,500 drivers and employees who provide transportation services<br />

throughout the U.S. and Mexico. Overall, the C.R. England umbrella comprises 35 different<br />

business units and $1.3 billion in annual revenues. C.R. England is a privately held,<br />

family company, operated by third- and fourth-generation members of the England family<br />

— grandchildren and great-grandchildren — of founder Chester England.<br />

Dan England earned a bachelor’s in political science (1971) and a juris doctorate<br />

(1974), both from the University of Utah. In 1974, he entered private law practice, where he<br />

specialized in insurance litigation and transportation. In 1977, he joined the family business<br />

and became in-house legal counsel. In 1982, he was promoted to general manager, a<br />

position he held until 1988, when he became CEO. He was elected chairman of the board<br />

in 2005.<br />

England has been very active in TCA throughout the years. Besides chairing the organization<br />

and holding several officer positions leading up to his chairmanship, he participated<br />

in numerous committees and chaired the organization’s Refrigerated and Company Equipment<br />

divisions. He is also a former chairman of the American Trucking Associations and the<br />

Utah Trucking Association.<br />

His community service portfolio includes membership on the Select Health Board of<br />

Trustees and the Board of Intermountain Donor Services. He currently serves on the National<br />

Advisory Boards of the University of Utah and the David Eccles School of Business.<br />

During his tenure at C.R. England, Dan England has developed relationships with various<br />

community programs such as the Utah Food Bank Services, Granite Education Foundation<br />

and the Make-A-Wish Foundation.<br />

The Past Chairmen’s award is TCA’s highest honor. Recipients are leaders who have<br />

made a significant contribution to the business community, the trucking industry, and the<br />

organization. Contrary to the title of the award, the awardee does not have to be a past<br />

chairman of the association.<br />

Scholarship Gala<br />

Members of the <strong>Truckload</strong> Carriers Association are known for their strong leadership<br />

skills, business acumen … and groovy bell bottoms?<br />

That’s right, attendees of TCA’s Annual Convention “got down” at the third annual Scholarship<br />

Fund Gala, which raised more than $275,000 to support trucking families’ dreams of<br />

a higher education and helped fund future scholarships to be named after past TCA chairmen.<br />

Thanks to the generosity of hosts Freightliner Trucks and Pilot Flying J, 100 percent of<br />

the evening’s proceeds went directly to the Scholarship Fund.<br />

Dan England, chairman of the board of C.R. England, accepts the <strong>Truckload</strong><br />

Carriers Association’s Past Chairmen’s Award from Shepard Dunn, TCA’s<br />

immediate past chairman. England is a former TCA chairman.<br />

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TCA <strong>2016</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 43


With his arm around his wife Lawana, former TCA Chairman and Prime, inc. President Robert Low<br />

flashes the peace sign as the couple shows off their stylish ’70s attire prior to dinner at the Third Annual<br />

Scholarship Fund Gala.<br />

Choose Outdoors’ Bruce Ward awards Garner Transportation Group’s Sherri Garner Brumbaugh the<br />

“Choose Outdoors Leadership Award” during the <strong>Truckload</strong> Carriers Association Board of Directors<br />

meeting.<br />

Beginning with tables and individual seats purchased<br />

in advance by various companies and individuals, the Gala<br />

consisted of a ’70s-themed reception and dinner, silent<br />

and live auctions, “selfie” photo stations, and dancing to<br />

everyone’s favorite hits from the decade.<br />

Scholarship Fund Vice Chairman Jon Russell of Celadon,<br />

who filled in for Josh Kaburick, chairman of the TCA<br />

Scholarship Fund and the CEO of Earl L. Henderson Trucking<br />

Company of Salem, Illinois, said, “Everyone seemed<br />

to enjoy themselves so much. We had a great time raising<br />

money for a good cause. I can’t think of a better way to<br />

make sure that the Scholarship Fund keeps on truckin’!”<br />

The live auction items included a platinum diamond ring,<br />

a sapphire and diamond tennis bracelet, and black and white<br />

diamond earrings. Participants also bid on three highly desirable<br />

travel opportunities: three days at one of the nation’s<br />

premium golf resorts, an eight-day stay at a luxurious villa<br />

at Marriott’s Waiohai Beach Club in Hawaii, a Rock & Roll<br />

Fantasy package with three nights at a four-star hotel in<br />

Manhattan, dinner at the Peter Luger Steak House, and two<br />

tickets to see Steve Miller, Chicago, Cheap Trick and others<br />

inducted into the Rock & Roll Hall of Fame.<br />

Silent auction items included a diamond pendant, two<br />

music systems, a set of four premium tires for either a light<br />

truck or consumer vehicle and a six-day, five-night stay at<br />

a Florida country club, including a round of golf for two.<br />

Applications for the <strong>2016</strong>-17 scholarships are due in<br />

June <strong>2016</strong>.<br />

Outdoor Leadership Award<br />

Sherri Garner Brumbaugh, president and CEO of Garner<br />

Transportation Group of Findlay, Ohio, has earned special<br />

recognition for her participation in the U.S. Capitol Christmas<br />

Tree program this past holiday season.<br />

The “Choose Outdoors Leadership Award” was presented<br />

to her at the board meeting of the <strong>Truckload</strong> Carriers<br />

Association Annual Convention.<br />

Bruce Ward, founder and president of Choose Outdoors,<br />

the nonprofit organization that assists the U.S. Forest Service<br />

in overseeing the tree, made the presentation.<br />

TCA has been a partner with the tree program since<br />

2012.<br />

For the last 36 years, a special tree has been harvested<br />

from a U.S. national forest and transported across the<br />

country to the grounds of the U.S. Capitol in Washington.<br />

Along the way, the tree makes “whistle stops” at local<br />

communities and military bases, which allows the general<br />

public to view it while also shining a spotlight on the<br />

trucking industry that makes it possible to transport the<br />

immense tree.<br />

Although other whistle stops had been hosted by various<br />

companies and organizations, Brumbaugh’s 2015 event<br />

stood out from the others for its outstanding hospitality,<br />

TCA officials said.<br />

The trophy’s inscription said it was for her “amazing<br />

coordination of the ultimate whistle stop.”<br />

“On behalf of the entire tree team, we felt you provided<br />

a truly all-star turnout, complete with local dignitaries, the<br />

media, and lots of participants,” Ward said in presenting the<br />

award. “You got the schools involved and managed to elevate<br />

the messages associated with the Capitol Christmas<br />

tree and welcome ceremonies. You did a tremendous job.”<br />

Brumbaugh, who is a long-time member of TCA and cochair<br />

of its Communications & Image Policy Committee, has<br />

agreed to write down the steps she took to plan her Whistle<br />

Stop, thus creating a manual other trucking companies can<br />

use as a template to plan their own events.<br />

When available, the manual and application will be<br />

posted to www.truckload.org/Whistlestop.<br />

44 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2016</strong>


Wall That Heals<br />

haulers honored<br />

<strong>Truckload</strong> Carriers Association members who volunteered<br />

their time and equipment in 2015 to haul The Wall That Heals<br />

for the Vietnam Veterans Memorial Fund (VVMF) have received<br />

thank-you awards recognizing their efforts.<br />

Jim Knotts, CEO and president of VVMF, made the presentation<br />

during TCA’s annual convention.<br />

“Because of our partnership with TCA, we were able to<br />

bring a national memorial to the hometown of hundreds of<br />

thousands in 2015,” said Knotts. “In the front of that procession<br />

was a truck owned and operated by a TCA member,<br />

who, by helping us, was able to demonstrate dedication and<br />

commitment to our communities, to our veterans — young<br />

and old — and to our nation.”<br />

The following TCA-member companies were recognized:<br />

Baylor Trucking, Milan, Indiana; Cargo Transporters,<br />

Inc., Claremont, North Carolina; Covenant Transport, Chattanooga,<br />

Tennessee; Dart Transit Co., Eagan, Minnesota;<br />

Delaware Technical Community College, Georgetown,<br />

Delaware; Fremont Contract Carriers, Inc., Fremont, Nebraska;<br />

Halvor Lines, Inc., Superior, Wisconsin; Interstate<br />

Distributor Co., Tacoma, Washington; Regency Transportation,<br />

Inc., Franklin, Massachusetts; TG Logistics, Levant,<br />

Maine; TWT Refrigerated Services, Cheney, Washington;<br />

Walmart Transportation, Bentonville, Arkansas; Witte Brothers<br />

Exchange, Inc., Troy, Missouri; Werner Enterprises, Inc.,<br />

Omaha, Nebraska and XPO Logistics/Con-way, Greenwich,<br />

Connecticut.<br />

The Wall That Heals is a 250-foot replica of the Vietnam<br />

Veterans Memorial. With the help of TCA’s partnership and<br />

the companies mentioned above, the traveling exhibit honors<br />

the men and women who served and sacrificed their<br />

lives in the Vietnam War.<br />

Trucking companies are needed to haul The Wall in <strong>2016</strong>.<br />

Interested carriers may complete an online interest<br />

form at www.vvmf.org/haul-the-wall, and VVMF will<br />

contact those companies.<br />

inGauge Dashboard<br />

The inGauge team is pleased to announce the launch of<br />

a new “Leading Indicators Dashboard.”<br />

This dashboard is composed of a smaller set of custom<br />

Essential Performance Indicators (EPIs) which have been<br />

deemed vital to the operations of subscribing companies.<br />

Currently, this dashboard provides a weekly data update<br />

option. Eventually, these EPIs will be updated in real time<br />

via API integration with leading TMS providers such as<br />

McLeod Software.<br />

For more information, contact Chris Henry, inGauge Program<br />

Manager at (888) 504-6428 or at chris@tcaingauge.<br />

com.<br />

Lee J. Crittenden<br />

Memorial Award<br />

Charles R. “Chuck” Wirth, president of the American<br />

Institute of Trucking, Inc. (AIT) of Phoenix, is the <strong>2016</strong> recipient<br />

of the Lee J. Crittenden Memorial Award, presented<br />

by the Professional Truck Driver Institute (PTDI).<br />

The Crittenden Award, sponsored by Cengage Learning<br />

of Clifton Park, New York, is given to a person who exemplifies<br />

the overall mission of PTDI, of which Lee Crittenden<br />

Charles R. “Chuck” Wirth accepts the Lee J. Crittenden Memorial Award during the annual convention.<br />

was a staunch supporter until his death in April 1998. PTDI<br />

raises the quality of truck driver training courses by establishing<br />

and promoting minimum training standards, and by<br />

certifying courses that meet those standards.<br />

“Since its infancy, PTDI has always benefited from<br />

Chuck Wirth’s unwavering support,” said Jonathan Sheehan,<br />

marketing manager at Cengage Learning. “By all<br />

accounts, he has played an integral role in shaping the<br />

high-quality truck driver training standards that the trucking<br />

industry utilizes today. We are very pleased to present<br />

him with this year’s award.”<br />

Wirth has been actively helping to educate adults since<br />

the mid-1970s.<br />

His involvement with PTDI began in 1998, when one<br />

of AIT’s courses received PTDI certification. At this time,<br />

the Federal Highway Administration was holding hearings<br />

on the need for mandatory driver training, and there were<br />

many “CDL mills” operating, as well as blatantly false<br />

advertising of training. Wirth joined AIT’s then-president,<br />

Wade Murphree, in helping PTDI update its driver training<br />

skills and curriculum standards. He was one of the first<br />

team leaders to visit schools as they applied to PTDI to<br />

have their courses certified.<br />

“Ever since those early years, Chuck has exhibited a<br />

tremendous grasp of what is needed to train some of the<br />

best drivers in the country. His knowledge of the industry,<br />

school operations, accreditation, and curriculum development<br />

has been exceptional,” said Mark Johnson, former<br />

director of national training for the International Brotherhood<br />

of Teamsters and a previous recipient of the Lee J.<br />

Crittenden Award.<br />

Wirth, who served on the board of directors for the<br />

Commercial Vehicle Training Association, soon became the<br />

CVTA representative on the PTDI Board of Directors. In<br />

2005, he was elected to PTDI’s board, and in 2012 became<br />

a member of its Certification Commission. In 2011, he once<br />

again lent his expertise to PTDI’s Standards Review Task<br />

Force as it revised and adopted new standards for a second<br />

time, a process that took over two years.<br />

Virginia DeRoze, who was PTDI’s program director in the<br />

late 1990s and is a former recipient of the Lee J. Crittenden<br />

Award, said, “Chuck is committed to quality educational<br />

instruction and administration, and is always available to<br />

PTDI and the schools to answer questions and provide good<br />

insights on how quality can be achieved within the school<br />

setting. He also brings his background and knowledge of<br />

accreditation, which often helps clarify PTDI processes and<br />

standards.”<br />

TCA <strong>2016</strong> www.<strong>Truckload</strong>.org | <strong>Truckload</strong> <strong>Authority</strong> 45


Mark Your<br />

Calendar<br />

>> JUNE 28, <strong>2016</strong> —Benchmarking TC-10 — Missoula, Montana, Safety Meeting.<br />

>> JUNE 28-30, <strong>2016</strong> — <strong>2016</strong> WorkForce Builders Conference — The Westin<br />

Indianapolis, Indianapolis, Indiana.<br />

july <strong>2016</strong><br />

MAy <strong>2016</strong><br />

>> JULY 19, <strong>2016</strong> — Benchmarking TC-01 — The Skamania Lodge, Stevenson,<br />

Washington.<br />

>> MAY 12 — Benchmarking TC-05 — Grand Island, Nebraska.<br />

>> MAY 16 — Benchmarking TC-06 — Winnipeg, Manitoba, Canada.<br />

>> MAY 22-24, <strong>2016</strong> — Safety & Security Division Meeting — The Worthington<br />

Renaissance, Fort Worth, Texas.<br />

june <strong>2016</strong><br />

>> JUNE 7, <strong>2016</strong> — Benchmarking TC-07 — Montreal, Quebec, Canada. OPS Meeting.<br />

>> JULY 20-22, <strong>2016</strong> — <strong>2016</strong> Refrigerated Division Meeting — The Skamania Lodge,<br />

Stevenson, Washington.<br />

september <strong>2016</strong><br />

>> SEPTEMBER 20, <strong>2016</strong> — Fourth Annual Wreaths Across America Charitable Gala,<br />

Washington, D.C.<br />

For more information on these events, visit truckload.org<br />

or call the TCA office at (703) 838-1950.<br />

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46 <strong>Truckload</strong> <strong>Authority</strong> | www.<strong>Truckload</strong>.org TCA <strong>2016</strong>


DOES YOUR TRUCK MEASURE UP?<br />

Does your giant have what it takes to rise above the competition and be a <strong>2016</strong> SuperRig? There’s only one way to find<br />

out. Come out to the Joplin Convention & Trade Center in Joplin, MO. June 9-11. North America’s finest trucks will compete<br />

for over $25,000 in cash and prizes, and a chance to be immortalized in the 2017 SuperRigs calendar.<br />

Register at rotella.com/superrigs<br />

#SuperRigs

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