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SMMC Update
MANAGEMENT COUNCIL NEWS
wise, you could lose being in a conser va tive jurisdiction. Sue them. Maximize your suit per discovery and jurisdiction.
Another tactic is to push back against the Letter of Representation. Shortly after the accident, you will get the standard letter of representation from the other side’s attorney.
Too often this is sent to the insurer after which it is filed away and waiting for the in evitable. And all that time the claimant is run ning up medical bills from a doctor to which they are frequently referred by their attorney.
Again, do something and push back. Have your attorney send a letter and say all com mun ications are to be sent to them. Include medical and em ploy ment record releases in that letter for the clai mant to sign and return. Request a list of medical providers and em ployers. State your need for these records to promptly investi gate the claim and po tential prejudice if not pro vided.
Also, request that their client submit to an im me diate medical examination. Again, make clear the prejudice that you will suffer if they do not agree to do so.
What responses do I get from the plaintiff attorneys when I do this? Sometimes I get, “I’ve never had this before.” Or, more often, “What right do you have to request an exam before suit?” My answer? “None. But I’ve documented my request. If this goes forward, you and your client will have to explain why, if you were really injured, you would not let our doctor examine them.”
Quite frankly, I don’t care if they agree to it or not. If we get the exam, great. if not, we have docu mented the record as to our request. Docu menta tion to challenge that ongoing treatment and medi cal expenses run-up before they file suit.
In summary, we cannot concede an inch. We cannot make it easy for those who want to eat your lunch. That is exactly what “de fensive defense” does. Spend time preparing for the inevit able, have a plan, train your team, and learn the lesson-full court press in defense of your company.
Douglas Marcello is an Attorney with Marcello & Kivisto, LLC in Carlisle, Pa.
This article appears courtesy of the American Trucking Asso ciations and has been edited for space and style considerations.
Feds update processes for registering for the Drug and Alcohol Clearinghouse
The Federal Motor Carrier Safety Ad ministration has posted updated materials to help commercial drivers and their em ployers register for and get started using the Drug and Alcohol Clearinghouse.
Why should employers register?
l Register for the Clearinghouse. l Conduct queries on all potential new hires, and at least annually on all current em ployees who perform safety-sensitive functions, such as operating a commercial motor vehicle. l Report driver violations (positive alcohol tests, test refusals not reported by a medical review officer [MRO], and actual knowledge of violations).
Why should drivers register?
Drivers must be registered in the Clearinghouse with a verified CDL number to respond to employer consent requests. They can view their own Clearinghouse record at any time.
How should self-employed CDL drivers and Owner-Operators register?
CDL drivers who operate under their own authority (often called “owner-operators,” typically a single-driver operation) must register as an employer and designate a consortium/third-party administrator (C/TPA) in the Clearinghouse. Owner-operators can also add their CDL information to add a driver role, which allows them to respond to query consent requests from their C/TPA.
For more information, including step-by-step instructions on how to register and more, visit the Clearinghouse Learning Center at https://clearinghouse.fmcsa.dot.gov/Learn
The American Trucking Associations is praising the introduction of the Modern, Clean, and Safe Trucks Act of 2021 by Senators Todd Young (R-Indiana) and Ben Cardin (D-Maryland). The bipartisan legislation would repeal the 12 percent federal excise tax on heavy-duty trucks, which currently adds approximately $22,000 to the cost of a new tractor-trailer.
“The federal excise tax on heavy trucks is a relic from the First World War that’s now serving to keep cleaner, safer trucks off of our nation’s roads today,” said Chris Spear, President and CEO of American Trucking Associations. “By repealing this antiquated tax, Congress can deliver a win for the environment, highway safety, manufacturing jobs and supply-chain efficiency. We thank Senators Young and Cardin for their bipartisan leadership in advancing a common-sense solution to the benefit of American truckers and the motoring public.”
Although technological advances have made the latest tractor-trailers cleaner and safer than ever before, the FET creates a disincentive for motor carriers to modernize their fleets by placing a punitive surcharge on investments in new equipment. As a result, the average age of a truck on the road today is nearly ten years old.
Over the past two decades, cleaner fuel and engines used in new trucks have com bined to reduce nitrogen oxide emissions by 97 percent and particulate matter emissions by 98 percent. Since 2010, more fuel-effi cient diesel trucks have saved 101 million barrels of crude oil and reduced CO2 emissions by 43 million tons. Life-saving, driver-assist safety technologies that weren’t
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widely available or effective a decade ago, such as automatic emergency braking, forward collision mitigation and electronic stability technology, are now offered in new models.
The FET was enacted by Congress in 1917 at three percent to raise revenue for World War 1. Today it stands at 12 percent – making it the highest excise tax the federal government levies on any goods across the entire economy. The bill calls on Congress to find more reliable and consistent revenue streams to sustain the Highway Trust Fund.
“Funding our national infrastructure need not come at the expense of highway safety or environmental health. Our industry will continue to advocate for equitable and sustainable user fees that align the goals of safer roads, cleaner air and a growing economy,” said Spear.
A 2020 survey by American Trucking Associations found 60 percent of fleets would be either somewhat likely or very likely to buy additional trucks and trailers beyond currently scheduled purchases if the FET were repealed.
Alabama Driver David Schoonover places 4th at National TDC, LB3’s Heflin wins state
David Schoon over, a driver for ATA mem ber Air Products, finished 4th overall during the American Trucking Asso ciations’ National Battle of the States Virtual Truck Driving Championships last month. Shoon over was among the Top 10 finishers of Alabama Trucking’s TDC state qualifier held online on July 31.
“We’re proud of each of these men for their incredible trucking knowledge, skill and professionalism,” said ATA Vice President of Safety and Compliance Tim Frazier. “Thank you for every mile you run and every delivery you make. You all are heroes.”
Nathan Heflin of LB3 Trucking took the top spot at the state competition, which was co-presented by UPS Freight and the ATA Comp Fund.
Other top finishers for the ATA’s state competition in order were Schoonover; David Deason, FedEx Freight; Scott Croisant, Greenbush Logistics; Daniel Thompson, FedEx Freight; Ross Garner, FedEx Freight; Robert Foshee, Action Resources; Jason Webber, LB3 LLC; Stacy Langford, LB3 LC; and Timothy Wooten, XPO Logistics.
Final standings from Nationals are avail able at https://events.atabusiness solutions.com/ntdc/.
ATRI issues call for driver input on job motivations and satisfaction
The American Transportation Research Institute has launched a new data collec tion initiative to better understand the mo tivating factors for being an owner-operator, inde pendent contractor, or company driver. This research was identified by ATRI’s Re search Advisory Committee as a top research pri ority in 2020.
Drivers are asked to provide input through an online data collection form that will
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measure what job-related factors contributed to becoming an owner-operator, independent contractor, or company driver and whether those expectations have been met. This timely research will provide valuable insight
into understanding how drivers could be impacted by legislative and regulatory actions that may impact the way in which drivers are classified.
“This ATRI data collection initiative will be critical to understanding why drivers choose the type of employment they do. The motivations behind these choices and their level of satisfaction are important for under standing what types of employment oppor tunities drivers are looking for and why,” said Tom Weakley, OOIDA Foun dation Director of Operations and a member of ATRI’s Re search Advisory Committee.
The data collection form is available online at https://truckingresearch.org/ and drivers are asked to complete the survey by Friday, September 17, 2021. All submitted data will be kept strictly confiden tial and participants will receive an advance copy of the full report at https://www. research.net/r/ATRI-OO-ICSurvey
Wright Transportation honors 1-million safe drivers with new trucks
Wright Transportation, Inc. recently added 23 new blue trucks to their fleet to recognize excellence in safety among their drivers.
The new blue T680 Kenworth Next Gen eration trucks will stand out from the fleet of white trucks and will be given to drivers who have logged a million safe miles or more. In order to be a Million Mile Driver, a driver must be committed to safety on the road and be accident-free for all million miles.
These new trucks were certified with the EPA SmartWay designation which is only provided to those trucks with the most aero dynamic features to reduce carbon emissions. Along with greater safety features, these trucks have superior technology and features than standard over-the-road trucks.
Wright Transportation President Daniel Wright says, “When blue trucks show up at the terminal or customers, we want every one to know that these drivers have gone the extra mile and are driving some of the safest and cleanest trucks on the road. There is a lot of hard work that goes into becoming a Million Mile Driver and these drivers need to be recognized with one of the nicest trucks on the road.”
The new fleet of trucks represents a $3,500,000 investment in clean and safe equipment, bringing the total number of Wright trucks to 205.
