Alabama Trucker, 4th Quarter 2016

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Is Your Operation Ready for ELD?

PUBLISHER Ford Boswell fboswell@alabamatrucking.org EXECUTIVE EDITOR Frank Filgo ffilgo@alabamatrucking.org CREATIVE DIRECTOR Cindy Segrest csparks67@gmail.com

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Employee Definition

Independent contractor or employee? It can get murky, and you can’t always judge an employee by their title or contract alone. There are numerous advantages of using owner-operators as contractors, but penalties for misclassification can be significant.

PRODUCTION EDITORS Jane Nixon, Brandie Norcross CONTRIBUTING WRITERS Lisa D. Cooper, Rebecca M. Brewster ADVERTISING Ford Boswell fboswell@alabamatrucking.org

PRESIDENT & CEO Frank Filgo, CAE

Calvert continues his remarkable run

DIRECTOR OF SAFETY & MEMBER SERVICES Tim Frazier, CDS

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Longtime AAA Cooper Transportation truck driver Frank Calvert has never been one to seek the spotlight, but lately he can’t seem to avoid it. Last spring, he was named the Alabama Trucking Association’s Professional Driver of the Year.

Then in October, the American Trucking Associations tapped him National Truck Driver of the Year.

EXECUTIVE ASSISTANT Jane Nixon ACCOUNTING Lynn Thornton DIRECTOR OF COMMUNICATIONS Ford Boswell ADMINISTRATIVE ASSISTANT Brandie Norcross ATA BOARD OF DIRECTORS Steve Aronhalt, Dennis Bailey, Nick Balanis, Aubrey Baugh, Rhonda Bees, Joe Black, Gary Bond, Jack Brim, Greg Brown, Will Bruser, Dan Carmichael, Fenn Church, Mark Coffman, Jeff Coleman, John Collier, Rodger Collins, Driscoll Colquett, Brent Cook, Gail Cooper, Al Cox, Jerry Davis, Ranny Davis, Amy DeFee, Joe Donald, Edmund Doss, Mack Dove, Russ Elrod, Will Forbes, Jack Fricks, Kevin Henderson, Beau Holmes, Terry Kilpatrick, Jason King, Mark Knotts, Jerry Kocan, Drew Linn, Hunter Lyons, Bart McCrory, Jeff McGrady, Barry McGriff, Bruce MacDonald, Tom McLeod, Rollins Montgomery, Buck Moore, E.H. Moore, Jr., Ross Neely, Jr., Tommy Neely, Greg Orr, Butch Owens, Clay Palm, Mike Pursley, Kevin Savoy, Bill Scruggs, Danny Smith, Ronnie Stephenson, Steve Stinson, Paul Storey, Harold Sumerford, Jr., John Summerford, James Suttles, Tim Tucker, Bill Ward, Wayne Watkins, Taylor White, David Wildberger, Skip Williams, T.J. Willings, Keith Wise.

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With the approaching December 2017 deadline requiring most large commercial vehicles be equipped with electronic logging devices, many trucking professionals are frustrated with the USDOT’s mandate and its current lack of complete information. Inside, we offer a “30,000 ft. view” of the rule.

www.alabamatrucking.org or call 334-834-3983

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E P A R T M E N T S

President’s Message. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2

Safety Insights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 8 SMMC Update . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10 Trucking News Roundup . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 Buyers’ Guide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 34 ATA Events and New Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 36

Published quarterly by the Alabama Trucking Assn., P.O. Box 242337, Montgomery, AL 36124-2337.

Advertising rates are available upon request.

An Affiliate of the American Trucking Associations

A LABAMA T RUCKER • 4 TH Q UARTER 2016

334-834-3983 • www.alabamatrucking.org 1

From the President

Service Oriented O Frank Filgo, CAE President and CEO Alabama Trucking Association

‘ATA’s bank of services keep your business ahead of the pack.’

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ver the last few weeks, your Alabama Trucking Association held as many as five seminars throughout the state for the purpose of educating Alabama motor carriers about the Electronic Logging Device (ELD) Mandate. Representatives from eighty-two Alabama motor carrier companies were schooled on how to comply with the federal directive. For those companies not able to attend, a recorded version of the workshop is now available online for viewing. Please contact Brandie Norcross at 334-834-3983 or by email at bnorcross@alabamatrucking.org to obtain a special link and passcode to access the video.

Also, check out a summary of the ELD rule on page 4.

On another front, a proposed rule by the Federal Motor Carrier Safety Administration and National Highway Traffic Safety Administration aims to set the national speed limit for commercial vehicles over 26,000 lbs. at one of three speed limits (60, 65, or 68 MPH). Your state trucking association along with the American Trucking Associations has filed comments in opposition to the proposed rule, and will work to have it withdrawn. Among our concerns are: Differential speed limits increase interaction between large commercial vehicles and fourwheelers; the proposal lacks sound research; and large commercial vehicles driving the same maximum speed limit create “rolling road blocks” thereby increasing highway congestion.

In October, the American Trucking Associations held its annual meeting in Las Vegas.

Among the award presentations were those awarded to Frank Calvert of AAA Cooper Transportation as National ATA Driver of the Year, along with Greg Brown of B.R. Williams Trucking Company who received the Rocque Dameo Award. The Dameo Award recognizes Greg’s work as an ATA state vice president – working with his fellow trucking executives to advance the goals of our industry and association. J.J. Clemmons

of Summerford Truck Line was recognized as a graduate of LEAD ATA. Collins White of Alabama Motor Express and James Daniel Wright of Wright Transportation were inducted into the LEAD Class of 2016. LEAD ATA is a program that provides exclusive education opportunities to up-and-coming trucking industry professionals.

Soon your ATA will launch a new website. The new design and content will allow for better functionality on mobile devices, improved staff manageability, and better integration with the ATA membership database. To complement the new website, ATA’s image campaign videos will be a prominent feature touting the importance of the trucking industry.

Beginning next February, the Alabama State Legislature will convene for its 2017 Regular Session. As of this writing, ATA is preparing its legislative agenda highlighting initiatives to support, along with those to defeat. That agenda is to be approved by the ATA Board of Directors at its January 24, 2017 meeting. The intent of ATA’s advocacy program is to promote a pro-truck environment in Alabama.

In closing, I want to thank the membership for your support of the Alabama Trucking Association. With your continued support, we will continue to promote the importance of trucking in Alabama.

J.J. Clemmons during the LEAD ATA ceremony.

A LABAMA T RUCKER • 4 TH Q UARTER 2016

Is Your Operation A ‘30,000 ft. view’ of the FMCSA’s electronic logging device rule and what it means for your fleet.

By Ford Boswell PELHAM, Ala. – “Well, does anyone want to buy some trucks?” joked Keith Nelson of Nelson Trucking, Inc. as he walked out of the Pelham Civic Complex main meeting hall near Birmingham last month where the Alabama Trucking Association had just adjourned its second in a series of member summits on the U.S. Dept. of Transportation’s electronic logging device (ELD) mandate.

Nelson’s deadpanned remark drew nervous laughter from the 60 or so other attendees, but his frustration with the fed’s ELD mandate is not uncommon for many fleet owners as they delve deeper into the process of adding the technology to their operations.

With the approaching December 2017 deadline requiring most large commercial vehicles be equipped with ELDs, the Association held five summits to give members what it called a “30,000 ft. view” of the rule. The intent was to offer fleet managers an overview of where to focus their attention as they move their fleet to electronic logging. ATA’s meetings were held over a six-week stretch with stops in Huntsville, Pelham, Montgomery, Mobile and Dothan drawing more than 200 fleet managers from ATA member firms.

Many larger, more corporate carriers have used some form of these devices for years.

Their adherence to the rule changes will most likely be more seamless. But according to most industry experts, it’s the small to midsized carriers that have the most ground to make up.

“Even a year after the feds announced this mandate, there’s still a lot of confusion and uncertainty on both the industry and enforcement sides, so we felt the need to get members thinking in terms of how to add this technology to their fleets.” said ATA Director of Safety and Member Services Tim Frazier.

“The actual rule is packed with everything a fleet manager needs to know, but wading through all that specific information can be intimidating, at best.”

The ELD mandate was released in Decem4

ber 2015 and finalized earlier this year. It amended the current Federal Motor Carrier Safety Administration (FMCSA) safety regulations to optimize performance and design standards for hours of service (HOS).

The upshot is fleets have until December 18, 2017 to completely transition to ELDs. Meanwhile, carriers already using automatic on-board recording devices (AOBRDs) have until 2019 to meet ELD mandate requirements. The FMCSA expects a change for 3.4 million drivers.

The FMCSA has broken down the rules

ance Phase (or four years following ELD rule publication) December 18, 2017 to December 16, 2019. Carriers and drivers subject to the rule can use AOBRDs that were installed prior to December 18, 2017 and certified, registered ELDs following rule publication December 16, 2015.

Lastly, Phase 3 is the “Full Compliance Phase”, which means after December 16, 2019 all drivers and carriers subject to the rule must use certified, registered ELDs that comply with requirements of the ELD regulations.

implementation schedule into three phases.

Phase 1 is the “Awareness and Transition Phase.” It’s the current period following publication of the rule and spans from February 16, 2016 to December 18, 2017.

During this time, carriers and drivers subject to the rule should prepare to comply and some may voluntarily use ELDs. Carriers and drivers subject to the rule can use any of the following for records of duty status (RODS): paper logs, logging software, AOBRDs and ELDs registered and listed on the FMCSA website.

Phase 2 is the “Phased-In Compliance Phase”, which is the two-year period from the Compliance Date to the Full Compli-

In its own words, the agency says the ELD rule is “intended to help create a safer work environment for drivers and make it easier and faster to accurately track, manage, and share records of RODS data.”

The mandate also includes technical specifications to ensure ELDs are standardized and compliant. It spells out the implementation timeline to give drivers and carriers time to comply. It includes provisions to help prevent data tampering and harassment of drivers.

And it creates standard data displays and data transfer processes, making it easier to demonstrate compliance and faster to share RODS with safety officials.

And there’s no doubt it will, but the probA LABAMA T RUCKER • 4 TH Q UARTER 2016

Ready for ELD? lem for the trucking industry, as it moves towards the compliance deadline, is that there are still so many important questions left unanswered.

Will the feds delay the implementation deadline? Is my current ELD provider compliant with the new mandate? How can equipment manufacturers self-certify when FMCSA still hasn’t finalized a key feature of the system? Will my drivers just find new ways to get around HOS limits after ELDs are required? How will the law be enforced?

And those are only the tip of the iceberg.

Cost/Production Loss Concerns FMCSA officials say that the agency was sensitive to the issue of costs and eliminated a couple of proposed requirements to reduce costs to carriers. FMCSA officials estimate that ELD will cost an average of $584 per truck to purchase and install an ELD, with an estimated ongoing monthly service fee of $20 per truck. Of course the mandate allows ELD applications for smartphones to comply so that could help lessen the financial hit somewhat.

Meanwhile, carriers also express concern that ELDs will make them less efficient.

FMCSA’s answer to that is that its rule specifically outlines paperwork and record keeping requirements that are eliminated by the technology. In addition, the agency cites a number of studies that have concluded that after the learning curve of adopting an ELD, carriers actually experience increased efficiency through better visibility, predictability, and planning tools through the ELDs. According to the agency, this is one major reason that up to 40 percent of all drivers voluntarily use ELDs today.

Rule Overview Most of the industry is familiar in some way with electronic logging. Simply stated, an electronic logging device synchronizes with a vehicle engine to automatically record driving time, for easier, more accurate hours of service (HOS) recording.

ELDs enable a driver to log into a system with either a stand-alone interface component attached to the dash or with a mobile device such as a smartphone or tablet. The driver can label the logged time as “On-duty,” OffA LABAMA T RUCKER • 4 TH Q UARTER 2016

duty,” or “On-Duty and Not Driving”, and the device records this information so it can easily display a record of duty status for the driver (or law enforcement agent during inspection). ELD will make logging easier and less prone to driver input error or cheating.

The main advantage (particularly for enforcement) is the devices offer data in a standardized format that can transmit in multiple ways (i.e., wireless web services, email, USB, or Bluetooth 2.0).

Drivers must store their RODS on the device for eight days and the motor carrier must retain that data and back-up data for six months. The back-up records must be maintained on a device separate from that where original data is stored. Additionally, a motor carrier must retain a driver’s ELD records in a manner that protects the driver’s privacy.

The ELD rule applies to most carriers and drivers who are required to maintain RODS, but in general, the ELD rule applies to interstate drivers of commercial motor vehicles (as defined in 49 CFR 390.5) who are currently required to keep records of duty. The following are not required to use ELDs: 1.) Drivers who use paper logs no more than 8 days during any 30-day period; 2.) driveaway-towaway drivers (transporting a vehicle for sale, lease, or repair); and 3.) drivers of vehicles manufactured before model year 2000.

For equipment, the rule mandates that ELDs be certified, registered, and listed on a FMCSA website. The problem is that at print time there are only a handful of manufacturers listed that have certified their product – and many of those are relatively unknown brands to most carriers.

ATA’s Tim Frazier expects more ELD providers will start certifying their systems now that the Owner-Operator Independent Drivers Association lawsuit that challenged the U.S. DOT’s ELD mandate was struck down in October by the 7th Circuit Court of Appeals in Chicago (OOIDA recently announced it will appeal that decision).

“From those vendors I’ve talked to in recent weeks, I believe we’ll soon start seeing most of the major providers of ELD systems begin to self-certify their systems,” Frazier said. “Even if you’re already using AOBRDs today, the rules for these are changing, too.

You will need to check with the manufacturer for software upgrades – and maybe even new hardware additions.”

Ultimately, he adds, the ELD rule is in-

ELD Resources Websites www.federalregister.gov (ELD Final Rule) www.fmcsa.dot.gov (FMCSA Home Page) www.fmcsa.dot.gov/elds (ELD Mandate Explained) www.fmcsa.dot.gov/hours-service/elds/faqs (ELD Frequently Asked Questions)

Important Dates February 16, 2016—Registration and voluntary use of ELDs begins 60 days after the ELD Rule is published.

December 18, 2017—Compliance date is two years after ELD Rule is published.

December 16, 2019—AOBRDs must be upgraded or replaced with ELDs within 4 years of the publication of the Final Rule (AOBRDs compliant with § 395.15 that were installed before the compliance date could be used for 2 years after the compliance date).

FMCSA Contact Information FMCSA 1200 New Jersey Avenue SE Washington, DC 20590 Phone: 800-832-5660 Email: ELD@dot.gov tended to help create a safer work environment for drivers, and make it easier, faster to accurately track, manage, and share records of duty status.

Fleet managers, drivers and other industry participants are strongly encouraged to read the entire section on the ELD mandate in the FMCSA’s Code of Regulations. The section is 126 pages long and includes all the information pertaining to the rule’s requirements and its enforcement. FMCSA’s website has a complete explanation of its ELD rule for both drivers and carriers.

For those who missed ATA’s ELD member summits, a full video of the Pelham discussion is available online at no charge to members. Please contact Brandie Norcross for a link and password to the video at 334-8343983 or email her at bnorcross@alabamatrucking.org.

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SAFETY & MAINTENANCE

Independent contractor or employee: You can’t judge drivers by their title or contract alone Safety Insights

There are numerous advantages of using owneroperators as contractors, but penalties for misclassification can be significant.

By Lisa D. Cooper The trucking industry relies heavily on owner-operators, and, more often than not, companies classify them as independent contractors. While that is not necessarily improper depending on the facts, some companies mistakenly assume that a driver qualifies as an independent contractor merely because he is an owner-operator under contract and an IRS Form 1099 is used. The determination of whether an owner-operator is an independent contractor or employee is actually a very fact-specific inquiry, and no one particular fact controls. Because the risks associated with misclassification can be very costly, carriers should carefully evaluate the exact nature of the relationship as well as their contracts with owner-operators.

Independent Contractor Tests There are several tests used to evaluate independent contractor status. And while the tests share common factors, each test places emphasis on different factors. The oldest test for independent contractor status is the “common law” test which focuses on the degree of control the employer has over the worker. Under the common law, if the company has significant control over the manner and means by which the worker accomplishes the work, the worker is an employee. The degree of control, however, is 8

just one of the factors that must be considered when classifying owner-operators.

For example, the Internal Revenue Service (IRS) 20-Factor Test focuses on the degree of control exerted over the worker but utilizes twenty different factors to do so.

This test addresses these factors: 1. Instructions. Workers who are required to comply with others’ instructions about when, where, and how they are to work are ordinarily employees.

2. Training. Training workers indicates that employers exercise control over the means by which results are accomplished.

3. Integration. When the success of a business depends on the performance of certain services, the workers performing those services are subject to a certain amount of control by the owners of the businesses.

4. Services rendered personally. If services must be rendered personally, employers control both the means and the results of the work.

5. Hiring, supervising, and paying assistants. Control is exercised if employers hire, supervise, and pay assistants.

6. Continuous relationships. Continuing relationships between workers and employers indicate that employer-employee relationships exist.

7. Set hours of work. The establishment of set hours of work by employers indicates control.

8. Full-time required. If workers must devote their full time to employers’ businesses, employers have control over workers’ time.

Independent contractors are free to work when and for whom they choose.

9. Doing work on employers’ premises.

Control is indicated if the work is performed on employers’ premises.

10.Order or sequences set. Control is indicated if workers are not free to choose their own patterns of work but must perform services in the sequences set by the employers.

11. Oral or written reports. Control is indicated if workers must submit regular oral or written reports to employers.

12. Payment by hour, week, or month.

This points to employer-employee relationships, provided that this method of payment is not just a convenient way of paying a lump sum agreed on as the cost of a job.

Independent contractors are usually paid by the job or on straight commission.

13. Payment of business and/or traveling expense. Employers paying workers’ expenses of this nature shows that employer-employee relationships usually exist.

14. Furnishing tools and materials. If employers furnish significant tools, materials, and other equipment, employer-employee relationships usually exist.

15. Significant investments. Workers are independent contractors if they invest in facilities that are not typically maintained by employees. Employees depend on employers for such facilities.

16. Realization of profits or losses. Workers who can realize profits or losses (in addition to profits or losses ordinarily realized by employees) are independent contractors.

Workers who cannot are generally employees.

17. Working for more than one firm at a time. If workers perform services for a number of unrelated firms at the same time, they are usually independent contractors.

18. Making services available to the general public. Workers are usually independent contractors if they make their services available to the general public on a regular and consistent basis.

19. Right to discharge. The right of employers to discharge workers indicates that the workers are employees.

20. Right to terminate. Workers are employees if they have the right to end their relationships with their principals at any time without incurring liability.

More recently, the IRS has grouped these twenty factors into three primary categories: A LABAMA T RUCKER • 4 TH Q UARTER 2016

MANAGEMENT COUNCIL NEWS behavioral control, financial control, and the nature of relationship. With regard to behavioral control, the IRS considers the type and degree of instructions given to the worker, the training provided, and how the employer evaluates work performance. The more a carrier provides instruction about how, when and where the work is performed, the more likely the driver is an employee as opposed to a contractor. Ongoing training and evaluation or feedback about how the work is performed also weighs in favor of the employer-employee relationship. Under this test, a contractor also needs to have financial investment in the relationship such as owning his own tools, equipment, etc., and he should generally be responsible for his own expenses without reimbursement from the employer. The contractor should also be paid on a per-trip or flat-fee basis and not by-the-hour like a regular employee. Finally, the IRS looks closely at whether the work performed is a “key activity” of the company and whether there is permanency to the relationship. The longterm nature of the relationship can tip the scales in favor of finding the employer-employee relationship.

The broadest test is what is known as the “economic realities” test under the Fair Labor Standards Act (FLSA). Under the FLSA, an employee is any worker who is “suffered or permitted” to work for an employer. The FLSA test balances six different factors to determine whether or not a driver is an independent contractor or an employee, including: (1) the degree of control the company has over the driver; (2) the relative investment of facilities or equipment by the respective parties; (3) the driver’s opportunity for profit and loss; (4) the permanency of the parties’ relationship; (5) the skill required by the position; and (6) whether the driver’s services are integral to the company’s business.

In July 2015, the Department of Labor (DOL) issued a comprehensive administrative interpretative guidance embracing the economic realities test and explicitly stating that, in its view, “most workers are employees.” Under the economic realities test, the focus is on “whether the worker is economically dependent on the employer or truly in business for him or herself.” The guidance further emphasizes that a worker is most likely an employee if he or she performs work which is integral to the business of the A LABAMA T RUCKER • 4 TH Q UARTER 2016

employer. The DOL specifically downplayed the significance of an existing contract classifying the worker as an independent contractor. Similarly, the IRS and Alabama courts oftentimes look past the contract language altogether to evaluate the underlying nature of the relationship. See e.g., Jenkins v. Am. Transp., Inc., 195 So. 3d 996, 1001 (Ala. Civ. App. 2015) (“The designation of an individual as an independent contractor in a contract is not necessarily controlling with respect to the issue whether that individual is an independent contractor.”).

The DOL’s shift to the economic realities test is somewhat problematic for the trucking industry, because a stable owner-operator model requires some permanency to be workable. In addition, the services provided by drivers are clearly integral to the trucking business. Companies are also reluctant to allow owner-operators to drive for other companies while under contract.

However, the more financially dependent the owner-operator is on the carrier, the more likely he or she will qualify as an employee not an independent contractor.

The 2015 administrative guidance is tangible evidence of the DOL’s push in recent years to pursue what it views to be the widespread misclassification of workers. In fact, the DOL and IRS (and their state counterparts) have specifically targeted certain industries, including the trucking and transportation industry, in their enforcement efforts. The DOL’s wage and hour division has been actively pursuing enforcement through memorandums of understanding with a number of states, including Alabama, in order to refer cases and share information. While it is possible that the Trump administration will scale back enforcement activities, the industry should continue to carefully evaluate its driving workforce because of the potential consequences of misclassification.

Risks of Misclassification There are numerous advantages of using owner-operators as contractors such as the avoidance of taxes and insurance obligations. However, the penalties for misclassification can be significant. A company which misclassifies an employee as an independent contractor may be liable for back wages and overtime pay, back taxes, workers’ compensation, and unemployment compensation

obligations. For a longtime misclassified owner-operator, that would mean repayment of years of unpaid federal, state, and local tax withholdings, Social Security and Medicare contributions (FICA), and unemployment insurance premiums including federal unemployment taxes under FUTA. In addition, both the DOL and IRS impose interest and hefty penalties for misclassification.

The Affordable Care Act (ACA) is another area of significant exposure. In many instances, compliance with the ACA depends on the number of full-time employees on the payroll. For example, the ACA’s employer mandate provides that large companies, i.e., employers with at least 50 full-time employees, must offer health coverage and failure to do so results in considerable financial penalties. Thus, if an owner-operator is misclassified and ultimately determined to be an employee, a company could be facing a claim regarding the failure to provide coverage to the driver as well as a financial penalty.

Tips for Proper Classification The transportation industry clearly is under increasing pressure to ensure the proper classifications of independent contractors and employees. Therefore, carriers must evaluate each owner-operator relationship with these principles in mind and classify accordingly and/or reclassify, if necessary. Suffice to say, a driver is not necessarily an independent contractor just because he is an owner-operator and/or under contract.

A company seeking to maintain independent contractor status for its owner-operators must ensure the owner-operator has economic independence from the company.

For example, to properly classify a driver as a contractor, a carrier should not demand that the contract or the relationship be exclusive. A true independent contractor should have ability to work for other companies at his discretion. In fact, the exclusive and long-term nature of the relationship with an owner-operator weighs heavily in favor of finding the driver to be an employee by the DOL or the equivalent state agency. In the same vein, the driver should have the ability to hire his own employees as well as the ability to reject or accept a load in order to be genuinely independent.

Continued on page 10 9

ling, FMCSA Administrator. “While their tireless efforts every day greatly increase the level of safety on our roadways, it is critically important that everyone do their part to promote a national culture of roadway safety.”

Safety Insights Likewise, an owner-operator should be responsible for his own operation costs, e.g., maintenance, repair, fuel, and licensing, etc.

The contractor should also be required to obtain liability and workers’ compensation insurance, and the company’s contract should require that these certificates of insurance be provided.

Even under the economic realities test, the degree of control is still important. The company should avoid controlling the manner and means by which the driver performs his work. For example, while a company can set a general work schedule, it should not dictate driving routes or how the driver secures his load. The company should not require that owner-operators leave their trucks at the company yard so other drivers can use them; otherwise the company is exerting the type of control normally associated with employee status.

The manner in which the driver is paid is also important. Employees are paid hourly while contractors are generally paid on a per trip or load basis. Notably, if the pay rate is subject to some negotiation, the more likely the driver will be found to be a contractor.

Companies should also resist the urge to treat owner-operators like employees in other areas as well. For example, performance evaluations, uniforms, and the like should be reserved for employees not independent contractors.

Finally, a written independent contractor agreement specifically outlining all the terms of the relationship should be in place that reflects the relationship that actually exists. The DOL, the IRS, and a court will always look beyond the contract to determine if the day-to-day reality of the relationship reveals an employment relationship.

Lisa D. Cooper, Esq. is a partner with the law firm of Hand Arendall’s labor and employment and litigation practice groups. She concentrates her practice in all aspects of employment law representing management in matters including employment discrimination charges and cases, harassment, retaliation, wage and hour, Family and Medical Leave Act, OFCCP or Department of Labor audits, misappropriation of trade secrets and confidential information, unfair competition, labor-management disputes, contract disputes, defamation and all employment-related torts.

She may be reached at ldcooper@handarendall.com.

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News Roadcheck 2016 scores record low for out of service violations For a second year in a row, out-of-service violations were issued at record-low levels by inspectors during the 2016 Commercial vehicle Safety Alliance International Roadcheck.

In Level 1 inspections, drivers were given out-of-service violations just 3.4 percent of the time and vehicles were placed out-of-service at a 21.5 percent rate. This just bested last year’s rates of 3.6 percent and 21.6 percent respectively, which were also the lowest rates that CVSA had seen since 1991 when it began tracking data on violations.

The rate is important because the total number of inspections was also lower this year - 62,796 compared to over 69,000 in 2015 – so a lower total number of vehicle violations does not necessarily indicate a better result.

Of the inspections, 42,236 were Level 1, which is the most comprehensive vehicle inspection level.

“CVSA’s annual 72-hour International Roadcheck initiative highlights the commitment of our inspectors who work hard every day to ensure unsafe vehicles and drivers are removed from our roadways,” said Collin Mooney, CVSA executive director. “It’s also an opportunity for our inspectors to inspect, acknowledge and document the safe, fit and compliant commercial motor vehicles traveling our roadways by placing a CVSA decal on the vehicle; indicating that a particular vehicle has passed CVSA’s rigorous inspection standards.”

Brake adjustment and brake system violations were the most common reason for vehicle out-of-service violations this year, representing 45.7 percent of the total. The top driver out-of-service violations were for hours of service and false logs, representing 46.8 percent and 16.4 percent respectively.

Every International Roadcheck has a focus and CVSA chose to place a special emphasis on tire safety for 2016. Tire and wheel violations accounted for 18.5 percent of the total percentage of out-of-service violations. In the U.S., tire violations represented 13.7 percent of the out-of-service violations.

“International Roadcheck is an annual reminder of the diligence and dedication of law enforcement officials and commercial motor vehicle safety professionals,” said Scott Dar-

Coleman safety director appointed to ASIA Board The Alabama Self-Insurers Association has appointed Coleman Worldwide Moving Director of Safety Kathy Grigsby to its Board of Directors.

ASIA is a statewide, non-profit membership organization that represents Alabama businesses that self-insure workers’ compensation coverage on employees. Many of ASIA’s members work within the automotive or transportation industry along with broader industries such as food, power, health, and retail.

Coleman manages six locations in Alabama and more than 50 locations throughout the U.S., thus making Kathy’s expertise in dealing with different safety and self-insurance regulations valuable to ASIA. “During her time with Coleman, Kathy has been crucial in making sure our organization adapts to regulatory changes within our industry and really spearheaded our transition from paper to electronic logging for our drivers,” said John Coleman, Executive Vice President for Coleman. “She has garnered great respect among her peers within the industry and is often looked upon for advice among many members of (AMSA). She is a valuable asset for our organization and is very deserving of this appointment.”

Kathy has also seen her profile within the industry grow in 2016. She recently presented at the American Moving and Storage Association Convention about current safety guidelines, and contributed articles for AMSA’s Direction magazine advocating and encouraging all movers to implement electronic devices within their vehicles to ensure better logging throughout the transportation industry.

Four Star Freightliner locations receive ‘Elite’ re-certification Four locations of Four Star Freightliner have received Elite Support Re-Certification, completing the yearly re-certification process at all six Four Star dealerships.

The latest dealerships to be re-certified are Four Star’s Montgomery and Dothan, Ala. branches, as well as its Tallahassee, Fla. and Albany, Ga. branches. The Valdosta and Tifton, Ga. dealerships received re-certification in September.

These locations are part of a network of Freightliner dealers across the United States Continued on page 12 A LABAMA T RUCKER • 4 TH Q UARTER 2016

News and Canada who are committed to providing outstanding customer service, rapid diagnosis, consistent communication, parts availability and quality repairs. Every Elite Support dealership must be recertified annually to ensure that customers experience a consistent, higher standard with every visit across the Freightliner network.

“The Montgomery location looked outstanding in every area and the employees were extremely impressive with their can-do attitude,” said Brad Prior, Four Star Freightliner Corporate Continuous Improvement Coordinator. “Sonny Hartley (CIC), Tony Snead, Judson Coburn and Nikayla DiMasi provided outstanding leadership for Montgomery in attaining this status.”

Prior also said the Dothan location looked exceptional and was extremely organized and well prepared in attaining their fourth annual certification. Craig Mathis (CIC), Cindy Matthews, Tommy Davenport, David Car-

12

roll, Kelly Hammon, Don Alexander and Barbara Bales provided outstanding leadership to help achieve this award.

“Albany did an excellent job and the appearance was top notch. Special thanks to Tish Shuford, Clay Lee, and Mark Dixon for the outstanding leadership they provided in helping attain certification,” Prior continued.

“The Tallahassee location stood tall and was exceptional in attaining their fifth annual certification. Zack Howard (CIC), Jamie Hargrove, Mark Dixon, Michael Todd and Diamond Harvey provided outstanding leadership to help achieve this goal. “ This was the third annual certification for Montgomery, the fourth for Dothan, and second for Albany.

Four Star Freightliner account manager honored for excellence Truman Ingram, Four Star Freightliner utility & municipal account manager, has been named an Elite winner in the Leland James Sales Achievement Program for the fourth year in a row.

This program, named after the founder of Freightliner, recognizes the best sales representatives and managers in the Freightliner Dealer Network. The awards are based on the amount of units sold.

Ingram, along with 19 other Elite winners

Four Star Freightliner’s Truman Ingram

were treated to a trip to a special awards ceremony in Anguilla, located in the Eastern Caribbean.

“We are very proud of Truman,” said David Turner, Four Star Freightliner New Truck Sales Manager. “He brings a lot of professionalism to our dealership. Truman is successful at what he does because he doesn’t treat customers like customers. He treats them as friends. I believe that has helped him get to where he is today.”

Ingram has been Utility & Municipal Account Manager at Four Star Freightliner for more than 10 years. He has developed an extensive knowledge of the many custom options and safety features that are important to vocational fleets which enables him to better serve his customer.

Continued on page 14

A LABAMA T RUCKER • 4 TH Q UARTER 2016

News Boyd driver reaches 1 million miles of accident free driving Boyd Bros. Transportation recently honored another top driver at its Birmingham terminal for achieving one million miles of accident free driving. David Thompson was given a dinner to commemorate this distinct honor with his family, colleagues, and members of the state’s trucking commu- David Thompson nity. According to Boyd officials, the celebration raised awareness and recognizes Thompson as an industry example of a professional truck driver.

“David Thompson has been with Boyd for over 10 years, driving 1 million accident free miles – our 227th active million mile driver,”

14

said Vice President of Safety Frank Stokes.

“His accomplishment is not by accident. It takes constant commitment, focus, and anticipation behind the wheel to remain accident free and accomplish what he has.”

Thompson’s Fleet Manager Rhetta Currie also spoke of his tenacity and paying attention to crucial details on the road at the presentation. During the event, Stokes presented Thompson with the coveted 1 Million Mile trophy, a customized million-mile ring and plaque.

“We are always thrilled to have another million mile driver,” said Boyd Bros. President, Chris Cooper. “Thompson shows us how such a feat can be accomplished, and we thank him for not only being safe but for going that extra mile.”

J&M Tank Lines rolls with troopers during aggressive driving sting In October, state and federal highway safety officials and Alabama Trucking Association member J&M Tank Lines were out targeting aggressive driving habits along I-85 near Auburn, Ala. with the traffic enforcement program Targeting Aggressive Cars and Trucks (TACT).

The federally funded program is the brainchild of officials from the Federal Motor Car-

ALEA officers with the J&M Tank Lines decoy vehicle.

rier Safety Administration (FMCSA) and the National Highway Traffic Safety Administration (NHTSA). Its purpose is to educate motorists on how to share the road safely with commercial motor vehicles.

The campaign focuses on violations pertaining to, but not limited to: following too closely; improper lane changes; speeding; texting while driving; failing to yield the right of way; and failing to signal lane changes. Safety officials hope to reduce risky driving behaviors of passenger and commercial vehicle drivers in pre-determined, high-visibility locations or corridors.

ATA member firm J&M Tank Lines of Birmingham provided a 2015 Kenworth Sleeper truck with air ride seats and a trailer

A LABAMA T RUCKER • 4 TH Q UARTER 2016

van for the operation. J&M safety director Randy Watson drove the truck while a state trooper rode in the front passenger seat to observe violations.

“We were on I-85 near Auburn/Opelika, running about a 15-mile stretch of interstate for a 30 mile loop,” says Watson. “We’d run from one exit to the other, then circle back and go the other way. The operation ran from 7 a.m. to 3 p.m. Because of the height of the truck you could see directly into the cars below. It was easy for the officer to observe violations from that vantage. ” The trooper riding in the truck radioed to troopers ahead which car and what violations the driver committed. From there a trooper in a vehicle would pull the offender over to issue a ticket. The operation had six trooper vehicles posted at different intervals along our route, and according to Watson, even had the group had twice the number of troopers, it still could not address all the violations.

Watson says he’s been in trucking for nearly 30 years and was amazed at the instances of bad driving he observed during this campaign. “I thought I was aware of what our drivers are subjected to in terms of aggressive driving and other obstacles,” he says. “This experience gave me a whole new sense of appreciation of the dangerous conditions out there.”

“The aggressive driving was horrendous,” he says. “I’m talking tailgating, speeding, not using turn signals and weaving in and out of traffic, and cutting sharply in front of the truck at high speeds. It’s like they think they’re (NASCAR) drivers out at Talladega (National Speedway).

But the biggest thing, he adds, and possible the most dangerous, was the amount of distracted drivers. “I saw dozens of drivers using cell phones, texting, eating,” he says.

“I even saw a driver literally reading a newspaper. There’s just a total disregard for rules out there.”

Nation’s largest police group has concerns about speed limiter rule In a letter dated October 31, the Fraternal Order of Police, the nation’s largest law enforcement officer union, raised concerns about the speed limiter rule proposed by the National Highway Traffic Safety Administration and Federal Motor Carrier Safety Administration.

In the letter, signed by FOP National President Chuck Canterbury, the union urged NHTSA and FMCSA to “collect more data and refine the proposed rule,” noting that the agency’s use of three possible speeds for limiters to be set at was “dubious” and that the

Truckworx adds full service leasing with PacLease and TRP Parts store Truckworx Kenworth recently announced that it is offering commercial truck rental and full-service leasing in Alabama and Mississippi through PacLease.

PacLease (a Paccar-owned company) allows customers to rent a truck for as little as 24 hours or obtain a full-service lease for up to six years.

With full-service leasing, PacLease aims to improve a business’s bottom line by first PacLease offers long and short term truck rental and leasing. learning about the company’s individual needs and custom designing a solution to improve its business operations. The company handles everything from vehicle specification to maintenance and everything in between to maximize a business’s operating efficiency. PacLease is also able to eliminate unpredictable repair and maintenance expenses by providing Truckworx’s new TRP Parts store in Alabaster, Ala. the customer with an all-inclusive fixed monthly payment. Will Bruser, president of Truckworx says, “In the few months we have been up and running, I have already seen multiple business owners who are seeing the benefits of full-service leasing. With the ever changing government regulations and technology, running a fleet of trucks can be confusing, costly and time-consuming. This gives Truckworx customers the option to let our experts handle every aspect of managing their fleets for them so that they can spend more time focusing on the day-to-day operations of their business.”

In addition to long-term leasing, PacLease also offers commercial truck rental. Rental trucks are needed for various reasons such as broken down trucks, spikes in business or a new business opportunity. Truckworx now offers well-maintained Kenworth T680 daycabs and sleepers, T880 daycabs with and without wetline kits, and T270 26’ box vans available for short- and long-term rental through PacLease.

Nathan Pennington and Michael Richey will oversee all leasing and rental operations for Alabama and Mississippi. Nathan has over 11 years of experience in the industry and will focus on commercial truck and tractor rentals. Michael has nine years of experience in truck leasing and will oversee full-service leases. For more information, contact Truckworx PacLease at 205326-6170.

Meanwhile, in September, the dealership opened its first TRP Parts store just off of Highway 31 in Alabaster, Ala. Company President Will Bruser, says, “We have a large number of high-volume customers within a few miles of our new location. We opened this store so that we could get them what they need in a matter of minutes rather than hours.”

The new facility is located in Alabaster South Industrial Park at 185A Southland Dr. Alabaster, AL 35007 and is open from 7:30 a.m. to 5 p.m.

The facility houses 10,000 sq. ft. of warehouse space and stocks more than $800,000 of heavy and medium duty truck, trailer, and bus parts inventory. Truckworx’ parts store offers a full line of TRP aftermarket parts along with a large inventory of parts made by CAT, Cummins, Paccar, Eaton, Webb, and a variety of other name brands. The store is the only distributor of genuine Cummins parts in all of Shelby County.

TRP, a Paccar brand, provides high-quality aftermarket parts for all makes of commercial equipment-including trucks, trailers, buses, engines and winches. The products are backed by an industry-leading national warranty and serviced by a network of trained parts and service professionals around the world.

In addition to parts, the company also buys and sells preowned heavy and medium duty trucks and trailers and also sells Microbird Commercial and Activity buses out of this location.

The store is also an authorized dealer of Yeti products.

Key employees include Andy Waldrop, Assistant Parts Manager; Keith King, Regional Parts Manager; James Sansom, Bus Parts Sales; Karly Warren, Outside Parts Sales; Hall Lundberg, Commercial Bus Sales; and Zac Griffith, Used Truck Sales.

For more information on the TRP Parts store in Alabaster, AL, call 205-319-8008 or visit truckworx.com. For information on TRP Parts, visit trpparts.com.

The dealership also has plans for a full-service dealership in Tuscaloosa, Ala. in 2017.

Continued on page 16 A LABAMA T RUCKER • 4 TH Q UARTER 2016

15

SMMC Gulf Coast Chapter holds road side inspections

News proposal did not address the speed differentials the rule would create in states with higher posted speed limits.

“Without more data, it is very difficult to ascertain the public safety impact the proposed rule would have on our nation’s highways,” the letter said.

Recently, NHTSA and FMCSA extended the comment period on the rule until December 7 at the request of the American Trucking Associations. The proposal was thoroughly discussed at the recent ATA Management Conference and Exhibition, where ATA maintained its policies supporting the use of speed limiters and for reducing the speed of all traffic. However, ATA President and CEO Chris Spear said the federation cannot support the rule as proposed because it fails to recognize the risks of speed differentials and several other factors. For more, contact P. Sean Garney at sgarney@trucking.org or Ted Scott at tscott@trucking.org.

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The Alabama Trucking Association’s Safety and Maintenance Management Council (SMMC) Gulf Coast chapter held its fall courtesy roadside inspection Oct. 20 at the Alabama Welcome Center near the AlabamaMississippi state line on I-10, inspecting 24 commercial vehicles and drivers for safety and regulation compliance.

The event was a co-operation between the SMMC and the Alabama Law Enforcement Agency’s Motor Carrier Safety Unit.

Local chapter members and students from Bishop State Community College’s Commercial Truck Driving School worked alongside troopers from the MC SU and inspectors from the Alabama Dept. of Transportation performing Level 1, 2 and 3 inspections,

The Gulf Coast inspections processed 24 drivers and their vehicles during the 3-hour operation.

which are legitimate procedures and impact a carrier’s CSA score and the driver’s record, if violations are found. Non-officers can point out violations, but only troopers can issue citations or place a vehicle or driver out of service (OOS).

All trucks travelling into Alabama on I-10 were required to come through the newly renovated and expanded rest area. Trucks were chosen at random by ALDOT employees and drivers were instructed to pull their rigs into designated parking spaces; queue for weight measurements by portable weigh scales; or continue through the rest area to resume their regular route.

Once parked, troopers, assisted by SMMC members and CDL students, inspected the vehicle. A routine inspection depends on the presence of violations, but

Ward International Trucks of Mobile provided lunch.

A LABAMA T RUCKER • 4 TH Q UARTER 2016

it usually takes about 20 minutes for a driver to get back on the road.

“These inspections are a great opportunity for our members to see what happens when a vehicle is stopped by law enforcement agencies,” Frazier said. “It gives fleet managers firsthand information they can pass along to their employers and drivers to make sure that they know what exactly is required to keep a truck in top condition every time it hits the road. If it’s not up to par, eventually you will pay for it.”

On this day, the inspection operation ran just under three hours, processing approximately 24 vehicles. According to ALEA officials, 20 Level 2 inspections, two Level 3, and two Level 1 were performed. Of those, one vehicle and three drivers were placed out-ofservice. One arrest was made for possession of an illegal substance.

Ward International Trucks of Mobile provided hamburgers and smoked sausage and beverages to all attendees.

ATA’s SMMC has three chapters, including Birmingham, Wiregrass and Gulf Coast.

These groups meet regularly to discuss current issues and events. Each chapter is governed by an elected group of officers and executive board. For more information visit www.alabamatrucking.org.

CVSA releases 2016 Brake Safety Week results Commercial motor vehicle (CMV) enforcement members of the Commercial Vehicle Safety Alliance (CVSA) conducted 18,385 CMV and brake-system inspections during Brake Safety Week, Sept. 11-17, 2016.

During the week-long annual brake safety campaign, local, state, provincial, territorial and federal inspectors throughout the United States and Canada conducted inspections to identify out-of-adjustment brakes and brake-system violations. Roadside inspections included inspection of brake-system components to identify loose or missing parts; air or hydraulic fluid leaks; cracked, damaged or worn linings, pads, drums or rotors; and other faulty brake-system components.

Inspectors reported 13.2 percent of inspections with out-of-service brake violations and 14.8 percent of inspections with non-brake related out-of-service violations, each inclusive of some with violations in both categories.

Inspectors also checked anti-lock braking system (ABS) malfunction indicator lamps for compliance with jurisdictional regulations, an effort that was begun during CVSA’s unannounced Brake Check Day in May. Participating jurisdictions reported the number A LABAMA T RUCKER • 4 TH Q UARTER 2016

ATA’S NATMI Class of 2016

ATA NATMI candidates: Front row from left: Kaylyn Selby, Melissa Wright, Annette Munger; back row: Tim Frazier (ATA), Mike Boudreaux (course instructor), Matt Williams, Travis Liles, Keith Onorato.

of trucks and buses with anti-lock braking systems as well as ABS violations observed.

The ABS survey for 2016 Brake Safety Week found that 93.2 percent of air-braked trucks (including tractors) inspected and 90.4 percent of hydraulic-braked trucks inspected required ABS, based on their date of manufacture; 89.4 percent of air-braked trailers inspected required ABS, based on their date of manufacture; and 8.8 percent of ABS-required, air-braked trucks and 8.8 percent ABS-required, hydraulic-braked trucks were found with ABS violations.

For trailers the inspections showed that 15.8 percent of trailers requiring ABS were found with ABS violations, and 7.6 percent of trailers inspected were not air- or hydraulic-braked (i.e., electric, surge or other) and therefore not subject to ABS requirements.

Anti-lock braking systems, in most cases, help vehicles remain in control where there is the possibility of wheel slippage when braking. ABS reduces the chance of jackknifing and increases control in braking situations. ABS also provides a platform for stability control systems that help prevent loss of control or rollover crashes. Furthermore, newly available and future safety systems all rely on functional brakes, tires and ABS. Just as foundation brakes must be well maintained and tires must be properly inflated, safety systems that rely on ABS cannot help keep the vehicle in control, or help to prevent crashes, when they are disconnected or poorly maintained.

Outreach and educational efforts by CMV inspectors, participating motor carriers and others in the industry also take place during Brake Safety Week and are integral to the success of the campaign. Brake Safety Week

serves as a reminder to motor carriers and drivers to take proactive steps to ensure their vehicle’s brakes are compliant, functioning properly and road safe.

“Brakes must be routinely checked and properly maintained to ensure the safety of the commercial motor vehicle, the CMV driver and everyone else on the road,” said CVSA President Julius Debuschewitz of Yukon Highways and Public Works. “Although brake inspections are a part of the Level 1 inspections conducted by our hardworking CMV inspectors every day, Brake Safety Week is an opportunity to remind motor carriers and drivers of the importance of brake health and safety, and it provides the opportunity for our inspectors to conduct targeted and focused inspections to identify and remove commercial motor vehicles that have brakes with critical violations from our roadways.”

Brake Safety Week is part of the Operation Airbrake Program sponsored by CVSA in partnership with FMCSA and the Canadian Council of Motor Transport Administrators (CCMTA). The Operation Airbrake Program is an international enforcement activity dedicated to preventing large truck and bus crashes, and saving lives throughout North America. The campaign seeks to highlight the importance of proper brake inspection and maintenance in an effort to reduce the number of brake-related violations discovered during a roadside inspection.

The program was first developed in 1998 in Canada and has grown to include two annual enforcement events, as well as educational outreach activities throughout the year all across North America. More than 3.8 million brakes have been inspected since the program’s inception.

17

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AAA Cooper’s Frank Calvert Named Driver of the Year He’s Alabama’s third national driver of the year.

By Ford Boswell

L

ongtime AAA Cooper Transportation truck driver Frank Calvert has never been one to seek the spotlight, but lately he can’t seem to avoid it.

Last spring, the 78 year old was named the Alabama Trucking Association’s Professional Driver of the Year. Then in October, the American Trucking Associations tapped him National Truck Driver of the Year.

He brushes these awards aside saying that all he ever wanted was to provide a good living for his family. But when you work your 20

tail off for more than 60 years, become one of your employer’s most reliable employees, and earn a reputation as someone who does things correctly, you tend to get noticed.

He and other outstanding trucking leaders were recognized at the American Trucking Associations’ Safety, Security and Human Resources National Conference and Exhibition in Oklahoma City, October 23-26.

“Awards like these are the trucking industry’s acknowledgement of worthwhile effort applied to the area that matters most to our industry – safety,” said American Trucking Associations President & CEO Chris Spear.

“Safety defines our value system, so whether you’re a million mile accident-free driver or an executive who dedicates resources to safety investments, we want you to know that you’re making a difference on the highways.”

Calvert, a driver for AAA Cooper ’s Birmingham terminal, has been with the Dothanbased firm for more than 21 years, accumulating 3 million accident-free miles there.

Overall he has nearly 5 million miles total.

“I cried when I heard it,” Calvert said.

“This is even bigger than just winning it for Alabama, for one state, you know? I feel very humble because there are a lot of drivers out A LABAMA T RUCKER • 4 TH Q UARTER 2016

there. You never think you will be the one to get an award like this.”

Calvert is actually the third driver from Alabama to earn National Driver of the Year. Reuben Thomas of Sessions Co. in Enterprise won the award in 1957. Thomas saved a woman trapped in a burning car and was given a Driver of the Month award from ATA’s then Council of Safety Supervisors. He also received an Arthur Godfrey “Gentlemen of the Highways” citation presented by the TV personality and American Trucking Associations.

Three decades later, Alabama saw its second national driver of the year, as N.F. Plunkett, who drove for Chevron USA out of Birmingham, was named National ATA’s Driver of the Year in 1984.

At age 60, Plunkett had compiled a spotless safety record in 37 years of driving that included an accident-free 2.5 million miles on the road. He traveled throughout the country that year promoting the trucking industry and trucking safety.

Long, Steady Career During Calvert’s six decades in the business, he has worked as a dock hand, a local LTL driver, and a line haul driver. He says he’s had plenty of opportunities to take other non-driving roles within the industry, but that never interested him. He just loves driving a truck.

He’s a people person, and when talking to him, you immediately feel at ease. He’s armed with an easy smile and a polite, down-to-earth demeanor, and gives the vibe of your favorite uncle or the nice neighbor down the street who always waves or speaks.

His supervisors also praise him for his work ethic and stamina. Tony Smith, a regional safety supervisor for AAA Cooper, calls Calvert, “(The) perfect example of what a true professional driver should be.”

Smith adds, “On top of all that, he’s among the hardest working, most dependable individuals we have at AAA Cooper. Other than scheduled off time, he has missed a total of 5 days in 21 years.”

A LABAMA T RUCKER • 4 TH Q UARTER 2016

Alabama has had two previous National Driver of the Year recipients, including Reuben Thomas in 1957 (left photo, sitting center with his family), and N.F. Plunkett in 1984 (right photo).

Always a Trucker Calvert says trucking has afforded him the opportunity to provide a stable home for his wife of 57 years, Virgie, their two adult daughters Joan and Lesha, and several grandchildren and great-grandchildren. He says he and Virgie were able to put both girls through college and they now have successful careers of their own.

“I’ve only worked for a handful of companies during my career,” he says. “Trucking is all I’ve ever done. I guess I’ve been blessed to work for great people. I love meeting people and that’s the part of the job I enjoy most. Trucking has been wonderful to me. I’ve raised my family as a truck driver, and I’m grateful for that.”

Calvert, who turned 78 in August, says he has no immediate plans to retire, but he believes he’ll probably start slowing down within the next year or so.

“I still have the urge to do it, and I still learn something new every day,” Calvert said. “I always tell the young folks if you’re not learning something new every day, you are failing. You won’t be prepared for whatever comes along.

“I’ve been blessed with good health.

I thank God every day for that and for taking care of me and my family all these years. Even after 60 years, I love what I do. I really don’t know how much longer I can stay with it, but the Lord will let me know when it’s time to quit. I’ve been so blessed.”

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ROUNDUP T RU C K I N G I N D U S T RY

ELD mandate tops industry list of concerns

By Rebecca M. Brewster

Over the past year there have been a number of legislative and regulatory actions which have directly and indirectly impacted the trucking industry. In December 2015, Congress passed the long-awaited Fixing America’s Surface Transportation (FAST) Act, which directed attention and resources to a number of the trucking industry’s top concerns. The FAST Act mandated reform of the Federal Motor Carrier Safety Administration (FMCSA) Compliance, Safety, Accountability (CSA) program, allocated $225 billion over five years to the highway program, and established a pilot program for younger veteran drivers among other items.

December 2015 also saw the issuance of FMCSA’s final rule on electronic logging devices (ELDs), which set a timeline of two years for fleets and drivers using paper logs to convert to ELDs for hoursof-service (HOS) tracking. Among its provisions, the rule grandfathers in existing ELDs until at least December 2019, and sets provisions to prevent the harassment of drivers using ELDs. However, concerns exist over the productivity impacts the industry may experience from ELDs, and at least one legal challenge has yet to be settled.

More recently, the U.S. Department of Transportation’s (U.S. DOT) National Highway Traffic Safety Administration (NHTSA) and the Environmental Protection Agency (EPA) issued the Phase 2 final rule on Greenhouse Gas Emissions and Fuel Efficiency Standards for medium- and heavy-duty engines and vehicles. And, in late-August, FMCSA and NHTSA issued the proposed rule on speed limiters for heavy trucks. Combined, these regulatory actions have many in the industry concerned about rising vehicle costs, compliance costs, and impacts to the supply chain.

In addition to myriad legislative and regulatory changes, issues internal to the industry continue to impact fleet operations.

With an aging workforce and lack of new entrants to fill open positions, the industry is still challenged by a growing shortage of commercial drivers and diesel technicians, with no viable solution in sight for address24

ing the pervasive staffing challenges faced by the trucking industry.

Given these and numerous other issues impacting the nation’s freight system, the American Trucking Associations (ATA) and its Federation partners in the State Trucking Associations (STA) continually seek opportunities to identify and prioritize the industry’s most pressing concerns. For the past 12 years, the industry has relied on the American Transportation Research Institute’s (ATRI’s) annual industry survey to better understand trucking’s most critical issues as well as to identify preferred strategies for addressing these issues.

The annual survey, which generated more than 3,200 responses from motor carriers and commercial drivers this year, identifies the top ten critical issues facing the

2016 Top Industry Issues 1. ELD Mandate 2. Hours-of-Service 3. Cumulative Economic Impact of Trucking Regulations 4. Truck Parking 5. Economy

6. CSA 7. Driver Shortage 8. Driver Retention 9. Transportation Infrastructure / Congestion / Funding 10. Driver Distraction

North American trucking industry. The results were released in October at the American Trucking Associations’ 2016 Management Conference and Exhibition in Las Vegas. The ATRI Top Industry Issues report also includes prioritized strategies for addressing each issue.

The respondents were predominantly commercial drivers (64.5%), with motor carriers making up 27.8 percent of the respondent pool, and other industry stakeholders accounting for 7.7 percent. Recognizing that the top industry issues impact motor carriers and commercial drivers differently, this year’s report includes separate “Top Ten” lists specific to commercial drivers and motor carriers, in addition to the overall ranking.

The looming implementation date of the federal mandate on the use of Electronic

Logging Devices (ELDs) topped the list of trucking industry concerns, with more than 65 percent of respondents concerned about productivity impacts the industry may experience from full deployment of ELDs. Although it dropped one position from its top ranking, Hours-of-Service stayed near the top of the list due to ongoing uncertainty of a final HOS rule. Ranking third in this year’s survey - Cumulative Economic Impacts of Trucking Regulations - is new to the annual list and reflects the industry’s collective frustration with increasing and often costly regulatory requirements.

Truck parking moved up this year to fourth place overall on the top issues list.

The growing scarcity of available truck parking creates a dangerous situation for truck drivers who are often forced to drive beyond allowable HOS rules or park in undesignated and, in many cases, unsafe locations. ATRI’s Research Advisory Committee similarly identified truck parking as the top research priority for ATRI in 2015 and since then a number of research activities have commenced at ATRI focused on identifying solutions to the truck parking challenge.

The Economy rounds out the top five concerns on the list. Stagnant economic growth in the fourth quarter of 2015, as well as slow growth thus far in 2016 caused concern over the state of the nation’s economy to climb three positions to fifth overall. This has generated significant concern among industry stakeholders, who for the past two years have ranked the economy much lower in the list of annual concerns, thanks to the strong post-Great Recession period between 2011 and 2014.

The drop in ranking to sixth place for FMCSA’s Compliance, Safety, Accountability (CSA) program signals some good news for the industry. With the passage of the FAST Act in December 2015, a number of trucking industry concerns with FMCSA’s regulatory framework were addressed, at least temporarily. Among the reforms included in the FAST Act were a study of CSA data accuracy and reliability, removal of carrier CSA scores from public view and a requirement that FMCSA initiate a pilot program to review non-preventable crashes.

As such, CSA fell out of the top five issues for the first time since its addition to the survey in 2010. However, the industry still A LABAMA T RUCKER • 4 TH Q UARTER 2016

has issues with elements of CSA and as such, it retained a top 10 ranking in the 2016 survey.

The workforce issues of the Driver Shortage and Driver Retention ranked lower on the 2016 list than in recent years, most likely reflecting concern over the softening freight market. However, despite the lower ranking this year, it is unlikely that either issue will drop out of the top ten list for the foreseeable future until real solutions are identified for the industry’s staffing challenges.

Though the passage of the FAST Act provided some much needed funding for transportation infrastructure and specifically for freight-focused projects, there is still significant concern in the industry over the state of the nation’s transportation infrastructure and how to generate long-term, secure funding for the transportation system. ATRI research quantified the cost of congestion to the trucking industry at nearly $50 billion in 2014. This is another issue that is likely to stay in the top ten ranking for years to come.

The final issue in the top ten ranking this year was Driver Distraction, a concern which impacts the safety of all motorists on the road. According to 2014 statistics, 3,179 people were killed, and 431,000 were injured in all vehicle crashes involving distracted drivers. Further, 13 percent of distracted driving crashes were directly attributed to cell phone use. The top ranked strategy for addressing distracted driving was to encourage harsher penalties and more aggressive enforcement of distracted driving violations for drivers of all vehicle types.

The annual survey was launched in lateJuly 2016 and was open for responses through mid-September. Based on the timing of the 2016 survey, a large majority of the responses had been received by ATRI when FMCSA and NHTSA issued the speed limiter rule on August 26, 2016.

Given industry reaction to the proposed rule – which seeks input on three different speed limiter settings at 60, 65 and 68 miles per hour – it is likely that the rule may have been selected by survey respondents as one of their top concerns had the timing of the survey been more in line with the issuance of the proposed rule.

The 2016 report, Critical Issues in the Trucking Industry, is available from ATRI’s website at www.atri-online.org. The report includes the results of the annual survey from its beginning in 2005, providing an indicator of rising, falling, and emerging priorities in the trucking industry.

Rebecca Brewster is President and COO of the American Transportation Research Institute. She may be reached at RBrewster@trucking.org.

A LABAMA T RUCKER • 4 TH Q UARTER 2016

New overtime rule effective December 1

this award and to donate $5,000 on his behalf to the Alabama Trucking Association.”

The Dept. of Labor’s final overtime rule focuses on updating salary and compensation levels needed for executive, administrative and professional workers to be exempt. Specifically, the final rule sets the standard salary level at the 40th percentile of earnings of full-time salaried workers in the lowest-wage Census Region, currently the South ($913 per week; $47,476 annually for a full-year worker).

It also sets the total annual compensation requirement for highly compensated employees (HCE) subject to a minimal duties test to the annual equivalent of the 90th percentile of full-time salaried workers nationally ($134,004).

It establishes a mechanism for automatically updating the salary and compensation levels every three years to maintain the levels at the above percentiles and to ensure that they continue to provide useful and effective tests for exemption.

And finally, it amends the salary basis test to allow employers to use non-discretionary bonuses and incentive payments (including commissions) to satisfy up to 10 percent of the new standard salary level.

To learn more about the rule, visit https://www.dol.gov/featured/overtime

IRS raises per diem to $63

National ATA recognizes Greg Brown for outstanding service During its recent annual meeting, the American Trucking Associations honored Greg Brown, Chairman of B.R. Williams Trucking Inc., Oxford, Ala., with the Rocque Dameo Award for his service as an ATA State Greg Brown Vice President.

“The Dameo Award recognizes Greg’s work as an ATA state vice president – working with his fellow trucking executives to advance the goals of our industry and association,” said ATA Senior Vice President for Membership Dave Brodie. “Without leaders like Greg, ATA would be unable to do the important work our members ask us to do, so we thank him and all our state vice presidents.”

ATA started honoring its state vice presidents with the Dameo Award in 2014, which comes with a $5,000 contribution to the winner’s state trucking association.

“Greg has been an outstanding voice for trucking and ATA in Alabama,” said Brodie, “we are thrilled to present him with

In its Notice 2016-58, issued September 27, 2016, the federal Internal Revenue Service raised the maximum per diem allowable under qualified plans for drivers and other transportation workers for meals and incidental expenses while they travel away from home overnight on business. The rate had been $59 for several years. IRS made no other changes in its rules on per diems. The new rate is effective for travel after October 1 this year.

State gasoline tax rises By legislation enacted in 2015 and effective October 1, 2016, Alabama has transferred its existing gasoline inspection fee of 2 cents per gallon to the regular gasoline tax, raising that levy from 16 to 18 cents a gallon. The total of tax at the pump for gasoline will not change, but the statutory amendment means that the additional 2 cents a gallon will now be handled through the International Fuel Tax Agreement; that is, carriers that buy fuel in Alabama will be credited under IFTA with the full 18 cents they pay, and carriers using gasoline in Alabama that they purchased elsewhere will now be charged by Alabama for 18 cents through IFTA rather than 16 cents. The Alabama diesel fuel tax rate of 19 cents a gallon is unaffected by this change.

New Research from ATRI Identifies Autonomous Vehicle Impacts on Trucking Industry The American Transportation Research Institute has released its report identifying potential impacts of autonomous vehicle technology on the trucking industry, which include significant safety and productivity benefits that may result from autonomous technology adoption.

The analysis mapped potential autonomous vehicle impacts to the trucking industry’s top ten issues as surveyed annually by ATRI. From hours-of-service to the driver shortage to driver health and wellness, benefits and challenges to commercial drivers and motor carriers were identified across the top ten issues.

“ATRI’s research underscores how critical it is that the trucking industry have a seat at the table as autonomous vehicle issues are debated,” said Chris Spear, president and CEO of the American Trucking Associations. “These Continued on page 26 25

ROUNDUP T RU C K I N G I N D U S T RY

impacts will be real and have significant consequences for the entire supply chain if they are not deliberately and thoughtfully approached with input from all stakeholders.”

You can download a copy of this report on ATRI’s website at www.atri-online.org/.

For more information, contact Dan Murray at dmurray@trucking.org.

ATA launches new website

On December 1, the Alabama Trucking Association unveiled its redesigned and rebranded website at www.alabamatrucking.org.

The website was a highly anticipated project for members, providing a clean, unclut-

26

tered design that incorporates improved functionality and enhanced content. The new site is also in coordination with a redesigned corporate logo to coincide with this public image and rebranding effort. “Our new brand replaces the “Leaning T” logo that the Association used since the late 1990s and moves toward a more simplified wordmark, employing a sans-serif typeface for a bolder and modern appearance,” said ATA President & CEO Frank Filgo. “Color scheme remains red and black, but the logo bears resemblance to ATA’s original logo last used more than 20 years ago. Over the next few months, we will begin updating stationary, business cards, and digital and print media with our new logo.”Meanwhile, the new website also shifts to a new membership database system to manage the site’s backend, which will contain members-only features such as a searchable membership list, event registration, and a secure payment system for dues and other fees.

“Creating this new website and visual identity has been a much-needed project for our group,” said Filgo. “We’ve worked hard to showcase the many aspects of the trucking industry and translate them into imagery. With the addition of this new website and logo, we are strengthening and modernizing how we represent our Association and promote the industry to our members, government officials,

the media, and the communities in which we operate.” Visitors to the site are advised that the few weeks after the initial launch are to be considered a transitional period, meaning that the site may not be fully optimized with all the robust capabilities as the integration period settles. Visit www.alabamatrucking.org to begin exploring ATA’s new website. You can also connect with ATA on Facebook, Twitter, Instagram, LinkedIn, YouTube, Flickr, and Linkedin.

Industry optimistic for Trump’s pick for USDOT chief On November 29, President-elect Donald Trump chose Elaine Chao to be his Secretary of Transportation, the head of the U.S. Department of Transportation.

Chao served as President George W. Elaine Chao Bush’s Secretary of Labor for the entirety of Bush’s presidency.

American Trucking Associations President and CEO Chris Spear praised PresiContinued on page 28

A LABAMA T RUCKER • 4 TH Q UARTER 2016

A LABAMA T RUCKER • 4 TH Q UARTER 2016

27

ROUNDUP T RU C K I N G I N D U S T RY

dent-elect Donald Trump’s choice of former Secretary of Labor Elaine Chao to be the next Secretary of Transportation.

“I had the privilege of serving with and working closely with Secretary Chao during my time at the Department of Labor, and I am extremely pleased that she will be taking on this new challenge,” Spear said.

“President-elect Trump could not have picked a more qualified, experienced and dedicated individual to serve in this important role.

“From her experience as Deputy Transportation Secretary under President George H.W. Bush, Secretary Chao understands the issues we face as we try to keep America’s freight moving safely and efficiently,” he said. “We are eager to support her as our country and our industry work to improve our roads and bridges, improve safety, and harness the potential that emerging technologies have to continue to move our country forward.”

Spear served as Assistant Secretary of Policy at the U.S. Department of Labor from 2001-2004.

28

2016 ATA Classic raises $225,000 ATA political action

With more than 300 golfers in attendance and nearly a quarter of a million dollars raised, the Alabama Trucking Association’s 2016 Golf Classic, held September 27 in Prattville, Ala. was among the event’s most successful ever, according to Association officials.

Tournament chairman Rodger Collins of Industrial Warehouse Services said that this year’s event surpasses all previous Classics, in terms of money raised and member participation. “Our total revenue eclipsed $224,050, generating an estimated net income of $180,000 plus benefiting ATA’s political action committee,” he said. “As many as 125 trucking related firms sponsored this year and 308 golf slots were reserved for players.”

McLeod Software was again the tournament’s Presidential Sponsor, marking the fifth year McLeod has been the premier sponsor.

“Their commitment of $15,000 helped generate a record amount of sponsorship revenue and serves as a catalyst for increased participation,” added Collins.

Meanwhile, in addition 10 firms contributed $5,000, or more, each to the event, including ATA Workers’ Comp Fund (which sponsored lunch and dinner); Boyd Bros. Transportation, Inc. (Putting Green sponsor); J & M Tank Lines, Marmon Highway Technologies, Southland International Trucks and Truckworx Kenworth (Closest to the Pin sponsors); Action Resources (Straightest Drive on all three courses); B. R. Williams Trucking, Inc. (Longest Drive sponsor on all three courses); BancorpSouth Equipment Finance (Hole In One sponsor on all three courses); Wiley Sanders Truck Lines, Inc. (Driving Range sponsor); Gulf City Body & Trailer Works (Longest Putt sponsor on all three courses).

Overall, this year’s event attracted 47 $2,000 sponsors, 49 $1,000 sponsors, and 16 $500 sponsors.

According to ATA officials, these funds are earmarked to support “pro truck” candidates in our state elections. “By supporting the Classic, you are supporting candidates that understand the vital role that trucking plays in our state,” said Collins. “You are supporting efforts to defeat those who do

A LABAMA T RUCKER • 4 TH Q UARTER 2016

not share this understanding. With the success this event, your TRUK-PAC is on target to raise and spend $1 million dollars in the 2018 state elections.”

Collins also recognized the 2016 ATA Golf Classic Finance Committee for its hard work. The committee was composed of Joe Black, McGriff Tire Co.; Gary Bond, BancorpSouth Equipment Finance; Jack Brim & Greg Brown, B. R. Williams Trucking; John Collier, Transport Trailer Center; Kevin Henderson, Century Dedicated; Hunter Lyons, Gulf City Body & Trailer Works; and Wayne Watkins, Watkins Trucking Co. Next year’s Classic is set for September 26, 2017 and will be held again at the RTJ Capitol Hill Course.

Recent elections yields partisan changes in state governments According to a recent report from the American Trucking Associations’ State Laws Newsletter, last month’s national elections continued a trend of the last several cycles, in that Republicans gained at the expense of Democrats at the state level, both in state legislatures and state governorships. Still, not all the changes were in one direction.

National ATA reported that Democrats won control of the House of Representatives in Alaska and New Mexico and both the house and senate in Nevada, while Republicans will have new control next year of the Kentucky house and the senates in both Iowa and Minnesota. Overall, Republicans will be in charge of 68 of the 99 legislative chambers in the country, and Democrats of only 31, a ratio not seen since at least 1920.

In 32 states, Republicans will have control of both legislative houses, while the Democrats will control both in twelve states, leaving only six states with a split. (Some notes are in order at this point: ATA counted Nebraska’s single-house legislative body – its notionally nonpartisan senate – as Republican.

Although most of the seats in the Washington State senate are held by Democrats, the body is controlled by a Republican-led coalition. And in Connecticut, where the senate is evenly split, a deciding vote may be cast by the lieutenant governor, who is a Democrat.) Overall, since 2009, Democrats have lost over 900 state legislative seats, just about one in eight, to Republicans, out of a total of nearly 7,400 nationwide.

The change in Kentucky’s house leaves the South solidly Republican for the first time, as far as legislative chambers go. Except for Illinois, the Midwest now is all Republican too, from Ohio to North Dakota and Kansas.

Similar numbers prevail among the Nation’s governors, where Republicans won new positions in Missouri, New Hampshire, and Vermont, and (probably – it’s not quite settled) lost a governorship to the Democrats in North Carolina. This will leave the U.S. with 33 Republican and sixteen Democratic governors next year, along with an independent in Alaska.

National ATA officials report that Republicans will have control of both branches of government in 25 states next year, but Democrats in only five – California, Connecticut (see above note) , Hawaii, Oregon, and Rhode Island. Control is split between the parties in the other nineteen states. Republicans gained full control in Iowa, Kentucky, Missouri, and New Hampshire, losing it in Nevada and (probably) North Carolina; the Democrats lost full control in Minnesota and Vermont.

ATA officials add that it’s pretty hard to say at this point what all the changes may mean in any given state, let alone in the Nation at large, except that the 2017 legislative sessions are apt to be livelier in many places than they have been of late, including in the areas of taxation and highway funding generally.

You can find more information on individual states at the site of the National Conference of State Legislatures at http://www.ncsl.org/research/elections-and-campaigns/statevote-2016.aspx.

A LABAMA T RUCKER • 4 TH Q UARTER 2016

29

30

A LABAMA T RUCKER • 4 TH Q UARTER 2016

“Trucking’s Voice in Alabama”

PO Box 242337 • Montgomery, AL 36124-2337 • Phone: (334)834-3983 • Fax: (334)262-6504

Application For Membership DIVISION Motor Carriers:

q Domiciled In Alabama

q Household Movers

Allied Industry:

q All other For-Hire

q Local and State Suppliers q Nat’l Concerns, small items

q Private Carriers

q Nat’l Concerns, major items

Your Dues Amount: $ __________________ (see schedule on reverse)

Firm Name: ________________________________________________________________________________________________ Address: (PO Box) ____________________________________(Street)__________________________________________________ City __________________________________________State __________________________ Zip ________________________ Telephone: __________________________________Fax ______________________________800/ __________________________ Email address: ________________________________________Website Address: __________________________________________ Type of Business: ____________________________________________________________________________________________ Official Representative : __________________________________________________Title: __________________________________ Alternate Representative: __________________________________________________Title: __________________________________ Signed: ______________________________________Date: ____________Referred by:____________________________________

CONTRIBUTIONS OR GIFTS TO THE ALABAMA TRUCKING ASSOCIATION, INC., ARE NOT DEDUCTIBLE AS CHARITABLE CONTRIBUTIONS. HOWEVER, THEY MAY BE TAX DEDUCTIBLE AS ORDINARY AND NECESSARY BUSINESS EXPENSES. CODE # _________________

FOR OFFICIAL USE ONLY

Freq_____________________

ACT ____________________

BC ____________________

Check # __________________

Exp Date__________________

ATU ____________________

DC ____________________

Dues Amt ________________

Nxt Bill Date _______________

MAG __________________

400 ____________________

Mbr Class ________________

AL Sen___________________

MC ____________________

WCSIF __________________

GC ____________________

CONTACT SHEET __________

Mbr Type _________________

AL Hse___________________

YR ____________________

WINFAX ________________

Dues Cat _________________

CG Dist __________________

Date_____________________

A LABAMA T RUCKER • 4 TH Q UARTER 2016

LTR/PLQ ________________

31

Schedule of Membership Dues

A. Motor Carriers Domiciled in Alabama

1) Gross Annual Revenue Under and not over 1,000,000 and not over 5,000,000 and not over 10,000,000 and not over 15,000,000

$999,999 4,999,999 9,999,999 14,999,999 19,999,999

Annual Dues $500 600 900 1,200 1,500

2) Gross Annual Revenue 20,000,000 and not over 25,000,000 and not over 30,000,000 and not over 35,000,000 and not over 40,000,000 and over

B. All Other For-Hire and Private Carriers Schedule based on miles traveled in Alabama From 0 500,001 1,000,001 2,000,001 3,000,001 4,000,001 5,000,001 6,000,001 7,000,001 8,000,001 9,000,001

To 500,000 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 8,000,000 9,000,000 10,000,000

Annual $200 250 360 510 640 750 870 960 1,040 1,150 1,250

From 10,000,001 11,000,001 12,000,001 13,000,001 14,000,001 15,000,001 16,000,001 17,000,001 18,000,001 19,000,001 20,000,001

$24,999,999 29,999,999 34,999,999 39,999,999

To 11,000,000 12,000,000 13,000,000 14,000,000 15,000,000 16,000,000 17,000,000 18,000,000 19,000,000 20,000,000 25,000,000

Annual Dues $1,800 2,100 2,400 2,700 3,000 Annual $1,320 1,410 1,495 1,575 1,650 1,720 1,795 1,865 1,950 2,030 2,500

C. Allied Industry – Annual Dues • Local and State Suppliers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $300 • National Concerns (distributors or manufactuers of accessories, parts and small equipment . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $400 • National Concerns (distributors or manufacturers of major equipment, integrated product lines, leasing companies and companies marketing statewide. . . . . . . . . . . . . . . . $600

D. Household Movers Based on intrastate revenue only - includes tariff participation

1) Gross Annual Revenue Not Over 100,001 and not over 150,001 and not over 200,000 and not over

$100,000 150,000 200,000 250,000

Annual Dues $420 480 540 660

2) Gross Annual Revenue 250,001 and not over 300,001 and not over 400,001 and not over

Payment Schedule (Dues payable in advance)

Below $500...................................................................Annually $500 - $1,200......................................................Semi-Annually

Annual Dues $780 $300,000 900 400,000 1,200 500,000

Above $1,200 ................................................................Monthly

CONFIDENTIALITY STATEMENT – The amount of dues paid by individual members of the Alabama Trucking Association is confidential information and is not subject to publication. Dues information can only be released by ATA to the principal representative of the member in question, and requests by other persons or parties will not be honored. Members are strongly urged to honor this privacy statement and to not share their confidential dues information with other ATA members or the general public.

32

A LABAMA T RUCKER • 4 TH Q UARTER 2016

2016 ATA Buyer’s Guide

We make every effort to ensure this list is correct. For changes or corrections to your company’s listing, contact Jane Nixon at jnixon@alabamatrucking.org.

Alabama Trucking Assn.’s Buyer’s Guide lists those companies that have taken an active role in supporting Alabama’s trucking industry by becoming members of the Association. We ask that each time you plan a purchase that you consult this guide and give ATA members the opportunity to gain your business. These companies proudly support your association and deserve your support, as well.

ADVERTISING/PUBLISHING Daniel Signs (205) 229-3115 www.danielsignsinc.com

ENGINE MANUFACTURERS Cummins Mid-South, LLC (901) 488-8033 www.cumminsmidsouth.com

FINANCIAL SERVICES BancorpSouth Equipment Finance (205) 422-7111 www.bxsequipmentfinance.com

Randall-Reilly (205) 349-2990 www.randallreilly.com

Thompson/Caterpillar (205) 849-4365 www.thompsontractor.com

BB & T Commercial Banking (205) 445-2464 www.bbt.com

BUS SALES & SERVICE Southland International Trucks, Inc. (205) 942-6226 www.southlandtrucks.com

EQUIPMENT LEASING CB Repair & Trailer Maintenance, Inc. (205) 753-4495

BMO Transportation Finance (770) 960-6307 www.ge.com

KLLM/Equipment Solutions LLC (205) 515-1478 www.equipmentsolution.com

Citizens Asset Finance, Inc. (407) 734-3746

Transportation South, Inc. (205) 663-2287 www.thebuscenter.com Ward International Trucks, LLC (251) 433-5616 www.wardintltrucks.com CHEMICAL PRODUCTS Rushing Enterprises, Inc. (334) 693-3318 www.rushingenterprises.com COMMUNICATIONS/ELECTRONICS AllCOMM Wireless (334) 264-4552 www.allcomm.com J.J. Keller & Associates, Inc. (920) 722-2848 www.jjkellerservices.com Omnitracs, LLC (615) 809-5570 www.omnitracs.com Orbcomm, Inc. (703) 433-7763 www.orbcomm.com PeopleNet (888) 346-3486 www.peoplenetonline.com Rand McNally (865) 856-0584 www.randmcnally.com SmartDrive Systems (858) 225-5551 www.smartdrive.net DRIVER STAFFING TransForce, Inc. (205) 916-0259 www.transforce.com Transportation Support, Inc. (205) 833-6336 www.transportationsupport.com EDUCATION & TRAINING J.J. Keller & Associates, Inc. (920) 722-2848 www.jjkellerservices.com JP Transportation Safety Consulting, LLC (205) 329-8182 (205) 945-8550 www.jptsc.com Transportation Safety Services (251) 661-9700 www.transportationsafetyservices.com USA Driver-s, Inc. (205) 661-0712 www.usadrivers.com Vertical Alliance Group, Inc. (903) 792-3866 www.lmstrucking.com

Metro Trailer Rental (205) 985-8701 www.metrotruckrental.com Southern Truck & Equipment, Inc. (251) 653-4716 www.southerntruck.net Southland International Trucks, Inc. (205) 942-6226 www.southlandtrucks.com Star Leasing Co. (205) 763-1280 www.starleasing.com

Comdata, Inc. 615-376-6917 www.comdata.com Commercial Credit Group, Inc. (704) 731-0031 www.commercialcreditgroup.com Crestmark Bank 615-620-3523 www.crestmark.com Electronic Funds Source, LLC (615) 777-4619 www.efsllc.com

The Baxter Agency (334) 678-5900 www.baxteragency.com

Sterling Risk Advisors (770) 710-3404 www.sterlingra.com

BB & T Insurance Services (912) 201-4706

Trans Con Assurance, LTD (205) 978-7070

Benton & Parker Insurance Services (770) 536-8340 www.bentonandparker.com

TransRisk, LLC (334) 403-4114 www.transriskllc.com

Caribou Insurance Agency, Inc. (205) 822-7577 www.caribouins.com

Transure Services, Inc. (336) 584-9494 www.transure.com

Cottingham and Butler (563) 587-5521 www.cottinghambutler.com

Turner & Hamrick L.L.C. (334) 566-7665 www.turnerhamrick.com

Crum & Forster (334) 313-1619 www.cfins.com

York Risk Services Group (205) 581-9488 www.yorkrsg.com

Farris Evans Insurance Agency, Inc. (901) 274-5424 www.farrisevans.com

MEDICAL/DRUG & ALCOHOL SERVICES Alabama Specialty Clinic (256) 736-1460 www.ascoccupationalhealth.com

Great West Casualty Co. (865) 670-6573 www.gwccnet.com Hudgens Insurance, Inc. (334) 289-2695 JH Berry Risk Services, LLC (205) 208-1238 www.jhbrisk.com Johnson-Locklin & Associates (205) 980-8008 www.johnson-locklin.com

Carlisle Medical, Inc. (251) 344-7988 www.carlislemedical.com ErgoScience, Inc. (205) 879-6447 www.ergoscience.com J.J. Keller & Associates, Inc. (920) 722-2848 www.jjkellerservices.com

Trico Trailer Leasing (205) 242-6908

First Tennessee Bank (615) 734-6046 www.firsttennessee.com/corporate/ business-credit

J.R. Prewitt & Associates, Inc. (205) 397-5118 www.jrprewitt.com

EQUIPMENT MANUFACTURING Eaton Corp./Roadranger Field Marketing (334) 398-1410 www.roadranger.com

People’s Capital & Leasing Corp.

(205) 856-9354 www.peoples.com

Liberty Mutual Group (804) 380-5169 www.libertymutual,com

Safety First-Div. of Behavioral Health Systems (205) 443-5450 www.bhs-inc.com

People’s United Equipment Finance Corp.

(205) 664-9374 www.financialfederal.com

Lyon Fry Cadden Insurance (251) 473-4600 www.lyonfrycaden.com

Workforce QA dba EDPM (205) 326-3100 www.edpm.com

McGriff, Siebels & Williams, Inc. (205) 252-9871 www.mcgriff.com

NON-PETROLEUM FUEL PRODUCTS GAIN Clean Fuel – Div. of US Oil (804) 291-7892 www.gainfuel.com

EQUIPMENT PARTS/ACCESSORIES Allison Transmission, Inc. (678) 367-7011 www.allisontransmission.com Dothan Tarpaulin Products, Inc. (800) 844-8277 www.dothantarp.com Imperial Supplies LLC (920) 496-4334 www.imperialsupplies.com Meritor Heavy Vehicle Systems 334/798-0080 www.arvinmeritor.com Metro Trailer Repair Co., Inc. (205) 323-2877 www.metrotrailer.net

PNC Financial Services Group (205) 583-3651 www.pnc.com Renasant Bank (334) 301-5955 www.renasantbank.com ServisFirst Bank (205) 949-3433 www.servisfirstbank.com TAB Bank (404) 202-4870 www.tabbank.com

Paccar Parts/Kenworth (206) 898-5541 www.kenworth.com

Trucking Partners, LLC Sales Agency & Factoring (256) 737-8788 www.truckingpartners.com

Southern Truck & Equipment, Inc. (251) 653-4716 www.southerntruck.net

Wells Fargo Equipment Finance (314) 374-2165 www.wellsfargo.com

Star Truck Parts (205) 324-4681

INSURANCE American Claims Service, Inc. (205) 669-1177

Thermo King of B’ham-DothanMobile-Montgomery (205) 591-2424 www.midstatetk.com

Aon Risk Solutions (501) 374-9300 www.aon.com/transportation

Thompson/Caterpillar (205) 849-4365 www.thompsontractor.com

Aronov Insurance, Inc. (205) 414-9575 www.aronovinsurance.com

W.W. Williams (205) 252-9025 (334) 279-6083 www.wwwilliams.com

BancorpSouth Insurance Services (334) 272-1200 www.bxsi.com

Joe Morten & Sons, Inc. (865) 392-3844 www.joemorten.com S. S. Nesbitt (205) 262-2620 www.ssnesbitt.com One Beacon (609) 613-0010 www.onebeacontransportation.com Palomar Insurance Corp.

(334) 270-0105 www.palomarinsurance.com Protective Insurance Co/Baldwin & Lyons, Inc. (317) 452-7413 www.protectiveinsurance.com Regions Insurance, Inc. (501) 661-4880 www.regions.com Regions Insurance (334) 808-9441 www.regionsinsurance.com Reliance Partners, LLC (877) 668-1704 www.reliancepartners.com Stephens Insurance LLC (601) 605-5681 www.stephens.com

Life Style Solutions for Truck Drivers (334) 213-0054 www.lifestylesolutionsbyphone.com

Pivotal LNG (404) 783-3550 www.pivotallng.com Spire Natural Gas Fueling Solutions (314) 499-5682 www.spirenaturalgas.com PETROLEUM PRODUCTS Davison Fuels & Oil (251) 544-4511 Jack Green Oil Co., Inc. (256) 831-1038 Kimbro Oil Company (615) 320-7484 www.kimbrooil.com Major Oil Company, Inc. (334) 263-9070 www.unitedfoodandfuel.com The McPherson Companies, Inc. (888) 802-7500 www.mcphersonoil.com W.H. Thomas Oil Co., Inc. (205) 755-2610 www.whthomasoil.com PROFESSIONAL SERVICES Accounting Firms: Aldridge, Borden & Co. (334) 834-6640 www.aldridgeborden.com

(Current as of 11/25/2016) Katz, Sapper & Miller, LLP (317) 580-2068 www.ksmcpa.com

AngelTrax (334) 692-4600 www.angeltrax.com

Warren Averett (256) 739-0312 www.warrenaverett.com

Delta Distributors, LLC (334) 222-3671

Attorneys: Adams and Reese LLP (205) 250-5091 www.adamsandreese.com Austill, Lewis & Pipkin, P.C. (205) 870-3767 www.maplaw.com Baker Donelson Bearman Caldwell & Berkowitz, P.C. (205) 328-0480 www.bakerdonelson.com Ball, Ball, Matthews & Novak, P.A. 334-387-7680 www.ball-ball.com Carr, Allison, Pugh, Howard, Oliver & Sisson, P.C. (251) 626-9340 www.carrallison.com DeLashmet & Marchand, P.C. (251) 433-1577 www.delmar-law.com

Drivewyze (780) 461-3355 www.drivewyze.com George L. Edwards & Associates (334) 745-5166 HELP, Inc. Provider of PrePass (931) 520-7170 www.prepass.com J.J. Keller & Associates, Inc. (920) 722-2848 www.jjkellerservices.com JP Transportation Safety Consulting, LLC (205) 329-8182 (205) 329-8183 www.jptsc.com Lytx DriveCam (838) 380-3511 www.lytx.com McLeod Software (205) 823-5100 www.mcleodsoftware.com

Dodson Gregory, LLP (205) 834-9170 www.dodsongregory.com

Motor Carrier Safety Consulting (205) 871-4455

Ferguson, Frost, Moore & Young LLP (205) 879-8722 www.ffmylaw.com

Porter Billing Services LLC (205) 322-5442 www.porterbilling.com

Fisher & Phillips, LLP (404) 231-1400 www.laborlawyers.com

Power South Energy Cooperative (334) 427-3207 www.powersouth.com

Friedman, Dazzio, Zulanas & Bowling, P.C. (205) 278-7000 www.friedman-lawyers.com Hand Arendall LLC (251) 432-5511 www.handarendall.com Hill, Hill, Carter, Franco, Cole & Black, P.C. (334) 834-7600 www.hillhillcarter.com James M. Sizemore, Jr. (256) 409-1985 McDowell Knight Roedder & Sledge, LLC (251) 432-5300 www.mcdowellknight.com Porterfield, Harper, Mills, Motlow, Ireland PA (205) 980-5000 www.phm-law.com Speegle, Hoffman, Holman & Holifield, LLC (251) 694-1700 www.speeglehoffman.com Starnes Davis Florie LLP (205) 868-6000 www.starneslaw.com

Ritchie Bros. Auctioneers (678) 378-2740 www.rbauction.com Southeast Transportation Safety, LLC (334) 798-5806 Spectrum Environmental Services, Inc. (205) 664-2000 www.specenviro.com Spire Natural Gas Fueling Solutions (314) 499-5682 www.spirenaturalgas.com Tax2290.com/ThinkTrade Inc. (615) 942-6219 www.tax2290.com TMW Systems, Inc. (216) 831-6606 www.tmwsystems.com Transportation and Logistical Services, Inc (205) 226-5500 www.tlsincorp.com Transportation Billing Solutions, LLC (205) 788-4000 Transportation Compliance Services, USA (228) 872-7160 www.dottrucksafety.com

Webster, Henry, Lyons, White, Bradwell Transportation Safety Services (251) 661-9700 & Black, P.C. www.transportationsafetyservices.com (334) 264-9472 www.websterhenry.com Trico Trailer Leasing (205) 242-6908 Other Services: Ahern & Associates LTD Trucking Partners, LLC (602) 242-1030 Sales Agency & Factoring www.ahern-ltd.com (256) 737-8788 www.truckingpartners.com Allstate Beverage (251) 476-9600 Ext. 1231

Real Estate: Mary Lou’s Team RE/MAX, Inc. (205) 566-5911 www.marylousteam.com Repairs: Big Moe Spring & Alignment of B’ham, Inc. (205) 780-0290 www.bigmoespring.com

Yokohama Tire Corp.

(317) 385-2611 www.yokohamatire.com

Mack Trucks, Inc. (678) 201-4770 www.macktrucks.com

TRAILER DEALERS/ MANUFACTURERS Navistar C & C Trailers, Inc. (813) 382-3113 (334) 897-2202 www.internationaldelivers.com Dorsey Trailer Company (334) 897-2525 www.dorseytrailer.net

Neely Coble Co. (256) 350-1630 www.neelycoble.com

Empire Truck Sales, LLC (601) 939-1000 www.empiretruck.com

Nextran Truck Corporation (205) 841-4450 www.nextrancorp.com

Carrier Transicold South (404) 968-3130 www.ctsouth.com

Equipment Logistics, Inc. (256) 739-9280

Performance Peterbilt of West Florida (850) 352-9901 www.performancepeterbilt.com

Childersburg Truck Service, Inc. (256) 378-3101 www.childersburg-truck.com

Fontaine Fifth Wheel NA (205) 421-4300 www.fifthwheel.com

Coffman International Trucks (334) 794-4111 www.coffmaninternationaltrucks.com

Great Dane Trailers (205) 324-3491 www.greatdanetrailers.com

Eufaula Trucking Co., Inc. (334) 687-0391

Gulf City Body & Trailer Works, Inc. (251) 438-5521 www.gulfcity.com

Birmingham Frame & Alignment, LLC (205) 322-4844 birminghamframeandalignment.com

Lazzari Truck Repair, Inc. (251) 626-5121 www.lazzaritruckrepair.com Metro Trailer Repair Co., Inc. (205) 323-2877 www.metrotrailer.net Rowe Management Corp.

(205) 486-9235 www.rowemachinery.com Southern Truck Center, Inc. (205) 226-0880 www.southerntruckcenter.com Star Leasing Co. (205) 763-1280 www.starleasing.com Thompson/Caterpillar (205) 849-4365 www.thompsontractor.com W.W. Williams (205) 252-9025 (334) 279-6083 www.wwwilliams.com

Gulf Coast Truck & Equipment Co. (251) 476-2744 www.gulfcoasttruck.com R C Trailer Sales & Service Co., Inc. (205) 680-0924 www.rctrailersales.net Southland International Trucks, Inc. (205) 942-6226 www.southlandtrucks.com Star Leasing Co. (205) 763-1280 www.starleasing.com Transport Trailer Center (334) 299-3573 www.transporttc.com Utility Trailer Sales of Alabama LLC (334) 794-7345 www.utilityalabama.com

Rush Truck Center-Mobile (251) 459-7300 www.rushofmobile.com Southland International Trucks, Inc. (205) 942-6226 www.southlandtrucks.com Taylor & Martin, Inc. (662) 262-4613 www.taylorandmartin.com Thompson/Caterpillar (205) 849-4365 www.thompsontractor.com Truckworx Kenworth - Birmingham (205) 326-6170 www.TRUCKWORX.com Truckworx Kenworth – Dothan (334) 712-4900 www.TRUCKWORX.com Truckworx Kenworth – Montgomery (334) 263-3101 www.TRUCKWORX.com Truckworx Kenworth – Mobile (251) 957-4000 www.TRUCKWORX.com Truckworx Kenworth – Huntsville (256) 308-0162 www.TRUCKWORX.com

TRUCK DEALERS, MANUFACTURERS Action Truck Center (334) 794-8505 www.actiontruckcenter.com

Truckworx Kenworth – Thomasville (334) 636-4380 www.TRUCKWORX.com

TIRE DEALERS & MANUFACTURERS Best One Tire & Service (615) 207-9079 www.bestonetire.com

Birmingham Freightliner (205) 322-6695 www.birminghamfreightliner.com

Volvo Trucks North America (336) 393-2975 www.volvotrucks.volvo.com

Bridgestone Commercial Solutions (770) 317-5777 www.trucktires.com

Capital Volvo Truck & Trailer (334) 262-8856 www.capitalvolvo.com

Ward International Trucks, LLC (251) 433-5616 www.wardintltrucks.com

Butler Industrial Tire Center, Inc. (334) 376-0178

Coffman International Trucks (334) 794-4111 www.coffmaninternationaltrucks.com

TRUCK & EQUIPMENT AUCTIONEERS Taylor & Martin, Inc. (662) 262-4613 www.taylorandmartin.com

Columbus Tire Co., Inc. (706) 321-8133 www.columbustireco.com GCR Tire Centers (407) 466-5907 www.gcrtires.com Goodyear Tire & Rubber Co. (708) 557-3406 www.goodyeartrucktires.com McGriff Tire Co. (256) 739-0710 www.mcgrifftire.com McGriff Treading Co., Inc. (256) 734-4298 www.mcgriffindustries.com Michelin North America (256) 483-2291 www.michelintruck.com Wilks Tire & Battery Service, Inc. (256) 878-0211 www.wilkstire.com

Daimler Trucks NA LLC (803) 207-4099 www.freightlinertrucks.com Empire Truck Sales, LLC (601) 939-1000 www.empiretruck.com Fitzgerald Glider Kits (205) 470-5814 www.fitzgeraldgliderkits.com Fleetco, Inc. (615) 256-0600 www.fleetco.net Four Star Freightliner (334) 263-1085 (Montgomery) www.fourstarfreightliner.com Long Lewis Western Star (205) 428-6241 www.longlewistrucks.com

TRUCKSTOPS Love’s Travel Stops, Inc. (405) 202-4451 www.loves.com Oasis Travel Center, LLC (251) 960-1148 Pilot Flying J Centers (865) 207-3219 www.pilotflyingj.com TravelCenters of America/Petro Shopping Centers (678) 591-4675 www.tatravelcenters.com VEHICLE LEASING Southland International Trucks, Inc. (205) 942-6226 www.southlandtrucks.com Ward International Trucks, LLC (251) 433-5616 www.wardintltrucks.com

ATA

NEW MEMBERS & EVENTS

New Members (as of 11-28-2016) Bellhops 1110 Market St. Suite 502 Chattanooga, TN 37402 423-280-9177 Julia Bursch

Daniel Signs P. O. Box 559 Trussville, AL 35173 205-229-3115 Wes Daniel

Geaux Express Incorporated 960 Wildwood Road N.E. Atlanta, GA 30306 404-885-1462 Harry N Palles

The Trash Truck, LLC P. O. Box 640118 Pike Road, AL 36064 334-409-2466 James B Johnson

Calhoun Community College P. O. Box 2216 Decatur, AL 35609-2216 256-260-2462 Vincent Vincent

Eufaula Pulpwood Co. 488 Highway 82 Eufaula, AL 36027 (334) 687-2784 Hal Jones

Orbcomm, Inc. 395 Passaic St. Ste 325 Rochelle Park, NJ 07662 (703) 433-7763 Frank Lancaster

Unity Moving 475 Jewell Road Anniston, AL 36203 256-225-0190 Robert Weiss

Crum & Forster 107 Blue Bird Court Deatsville, AL 36022 334-313-1619 Candy Woodruff

Fletch, Inc 109 Leland CT. Dothan, AL 36303 (334) 796-4222 Curry Fletcher

Southern Truck Center, Inc. 1205 Bankhead Hwy W. Birmingham, AL 35244 (205) 226-0880 James T. Walker

A

Alabama Trucker (AT), the official publication of the Alabama Trucking Association (ATA), is an award-winning trade publication highlighting the Association's activities while documenting the business environment of the day.

AT is published quarterly and distributed to more than 2,500 trucking executives, regulatory officials, and political figures.

Want to reach decision makers at more than 1,500 Alabama-based trucking firms? Consider this: Advertising in AT reaches the most concentrated readership of trucking professionals in the state. Our rates are affordable, but on top of that, your helping ATA send positive messages about one of the state's largest employers.

Contact Ford Boswell at fboswell@alabamatrucking.org or 877-277-TRUK (8785) For More Information

36

D V E R T I S I N G

I

N D E X

ADVERTISER

PG. NO.

PH. NO.

ATA WCSIF

BC

(334) 834-7911

www.atacompfund.org

The Baxter Agency

26

(800) 873-8494

www.baxteragency.com

Borg Warner

13

(800) 927-7811

www.Thermal.BorgWarner.com

Carrier Transicold South

11

(205) 328-7278

www.trucktrailer.carrier.com

R.E. Garrison

30

(800) 643-3472

www.regarrison.com

Great West Casualty

23

(800) 228-8053

www.gwccnet.com

Infinit-i

33

(866) 427-8219 www.VAGBootCamp.com/Training

International Trucks

IFC

(800) 844-4102

J.J. Keller

6

(888) 473-4638 ext. 7892

Johnson Locklin

28

(251) 947-3015

www.johnson-locklin.com

Nextran Truck Center

3

(800) 292-8685

www.nextrancorp.com

Palomar Insurance

14

(800) 489-0105

www.palomarins.com

Pivotal LNG

29

(713) 300-5116

www.pivotallng.com

Regions Insurance

12

(800) 807-1412

www.regionsinsurance.com

Southland Trailer Div.

27

(888) 844-1821

www.southlandtrucks.com

IBC

(205) 849-4288

www.thompsontractor.com

Truckworx Kenworth

7

(800) 444-6170

www.truckworx.com

Turner & Hamrick

16

(888) 385-0186

www.turnerhamrick.com

18-19

(205) 755-2610

www.thomasoil.com

Thompson Cat

WH Thomas Oil Co.

WEB ADDRESS

www.navistar.com www.jjkellermobile.com

A LABAMA T RUCKER • 4 TH Q UARTER 2016