Florida Truck News - Q2 - 2016

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Quarter 2 ■ 2016

The Official Publication of the Florida Trucking Association, Inc.

Landstar: Continuing the Commitment to Safety

ALSO INSIDE

Publications Mail Agreement #40606022

»» Nine Reasons to Attend the FTA Annual Conference »» Independent Contractors: Changing Regulations? »» New Driver AntiCoercion Rule


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FEATURES Landstar: Transportation Management Giant

The FTA carrier member company has more than 1,200 employees and approximately 9,000 leased independent owner-operators, plus another 44,000 available capacity providers

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Nine Great Reasons to Attend FTA’s Annual Conference

Help move the industry—and your business— forward by attending our annual industry event

Articles

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REGULATORY

Independence at Stake

New regulatory thinking has some trucking firms feeling anxious about their relationships with independent contractors

MAINTENANCE

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You Mean There’s a Brake Regulation for That?

Volume 69, Issue 2 Q2 2016

29 3 5 6 27 30 30 31 32

MEMBER BENEFITS

Making Membership More Valuable Are you taking advantage of FTA member benefits? You should be!

Regular Sections Message from the President and CEO Board of Directors and Committees Good News Carrier Highlight—US 1 Network Member Announcements New FTA Members Events Supplier Spotlight—Q&A

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Washington…Still Dysfunction Junction?

Government is starting to take action that will impact the trucking industry

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SAFETY

New Driver Anti-Coercion Rule What the trucking industry needs to know

ON THE COVER

Quarter 2 ■ 2016

Jared Fritts, safety manager at Landstar, continues the company’s multi-generational commitment to FTA and safety practices by serving as the 2015-16 FTA Safety Management Council chair. Learn more about Landstar’s safety model and their connection to FTA beginning on page 8.

The Official Publication of the Florida Trucking Association, Inc.

Landstar:

Continuing the Commitment to Safety

ALSO INSIDE » Nine Reasons to Attend the FTA Annual Conference Publications Mail Agreement #40606022

ADVOCACY

COVER PHOTO: RYAN KETTERMAN PHOTOGRAPHY TOP PHOTO: GGUY / SHUTTERSTOCK.COM

You’re responsible for knowing FMCSR brake regulations, whether you actually do or not!

» Independent Contractors: Changing Regulations? » New Driver AntiCoercion Rule

FLTrucking.org  |  Q2 2016  |  Florida Truck News

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FROM THE PRESIDENT AND CEO

KENNETH S. ARMSTRONG, PH.D. PRESIDENT AND CEO, FLORIDA TRUCKING ASSOCIATION

VOLUME 69, NUMBER 2 • Q2 2016 Published for:

350 East College Ave. Tallahassee, FL  32301-1565 www.FLTrucking.org President and CEO, Kenneth S. Armstrong ken@FLTrucking.org Vice-President, Tisha Keller tisha@FLTrucking.org Director of Operations, Angela Cundiff angela@FLTrucking.org Executive Assistant, Dot Butler dot@FLTrucking.org Coordinator of Special Projects, Ben Schultz ben@FLTrucking.org

Published by:

140 Broadway, 46th Floor New York, NY  10005 Toll-free: 866-953-2189 Toll-free Fax: 877-565-8557 www.lesterpublications.com President & Publisher, Jeff Lester EDITORIAL Editorial Director, Jill Harris Editorial Assistant, Andrew Harris ADVERTISING Sales Manager, Sharon Komoski Walter Lytwyn Louise Peterson Brian Saunders

On the Cost of Congestion

O

ur industry is fortunate that the American Transportation Research Institute (ATRI) produces so many valuable reports on major trucking issues. A couple recent ones have had to do with highway congestion. The first was good news for Floridians: we didn’t have a single entry on the list of the 50 worst traffic bottlenecks in the country…and only a couple in the second 50. Compare that to literally dozens of entries in Texas, Georgia, California, Illinois, Ohio, Pennsylvania, New York and others, and we feel pretty good. However, the most recent report on the overall cost of congestion to the trucking industry puts Florida first, with over $4 billion in direct expense and lost productivity (Texas was a close second). The reason that Florida is ranked so high is mostly due to the sheer size and population

of the state. We are third most populous and also third in number of national highway system (NHS) miles. Add to that the close proximity of our major metro areas such as Miami-Ft. Lauderdale-West Palm Beach or Tampa-Orlando and you get part of the picture. The rest is about tourism. Where are the tourists—and their cars? In the same locations that the congestion occurs. Thankfully, not many routes call for a driver to cruise through South Florida AND then Central Florida AND then Northeast Florida! Yogi Berra famously commented, when asked why he no longer went to eat at a particular restaurant in St. Louis, “Nobody goes there anymore. It’s too crowded.” I guess when you have a growing economy, great quality of life, the best weather and no potholes, we’re going to have to put up with some traffic. Let’s be safe out there, people.

DESIGN & LAYOUT Art Director, Myles O’Reilly John Lyttle

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© 2016 Florida Trucking Association. The contents of this publication may not be reproduced by any means, in whole or in part, without the prior written consent of the FTA. For subscription information, please contact the FTA at 850-222-9900. Disclaimer: The opinions expressed by the authors of the articles contained in Florida Truck News magazine are those of the respective authors and do not necessarily represent the opinion of the Florida Trucking Association or its member companies. Printed in Canada. Please recycle where facilities exist. FLTrucking.org | Q2 2016 | Florida Truck News

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DIRECTORS & COMMITTEES

2016 Board of Directors Denis Ross, Kenworth of Jacksonville—Chair Jeffrey Day, Publix Super Markets—First Vice-Chair Rob Sandlin, Florida Rock & Tank Lines—Second Vice-Chair Carlos Currlin, Rechtien International Trucks—Secretary Terry Borglund, McGee Tire Stores—Treasurer Jeff Marple, SEIDS/Rooms to Go—ATA Vice President John McTyre, McTyre Trucking (Ret.)—Immediate Past Chair Doc Hyder, Rowland Transportation—Past Chair Rob Carryl, Reliance Supply—Past Chair Phillip Pritchett, Pritchett Trucking—Past Chair Kurt Vest, PrePass

Keith Walpole, Walpole Phares Acuff, Florida Utility Trailers—Member Recruitment Chair Terry Dicks, Dicks Enterprises—PAC Chair Chris Emrich, Southeastern Freight Lines— Technology & Maintenance Council Chair Jared Dusharm, Armellini Express Lines—2.0 Chair Jared Fritts, Landstar Transportation System— Safety Management Council Chair Mark Shallar, FedEx Express/MPS Transportation—Road Team Chair

2016 FTA Committees Member Recruitment Committee Phares Acuff, Florida Utility Trailers (Chair) Brad Pruitt, Vertical Alliance (Vice-Chair) Shannon Bolan, TransForce Rob Carryl, Reliance Supply John DeMarco, Palm Peterbilt Jared Dusharm, Armellini Express Lines Ed Heil, J.J. Keller Rich Kurtz, PeopleNet Johnny McTyre, McTyre Trucking Jake Severit, Publix Super Markets J. Taylor, Taylor and Associates Bob Thomas, Nextran Tampa Cary Watkins, Moments Notice

Finance Committee Terry Borglund, McGee Tire (Chair) Charlie Brown, Nextran Corp. Ralph Cartwright, XPO Carlos Currlin, Rechtien International Jeff Day, Publix Super Markets

Debra Gilkey, Wallace International Doc Hyder, Rowland Transportation Ray McGowan, People’s Capital and Leasing David Teichert, Raven Transport

Investment Committee Michael O’Leary, Grimes Companies (Chair) Jeff Marple, SEIDS/Rooms to Go (Vice-Chair) Rob Sandlin, Florida Rock and Tank Lines (Vice-Chair) Terry Borglund, McGee Tire Charlie Brown, Nextran Corp. Debra Gilkey, Wallace International Rick Johnston, Indian River Transport Scott Perry, Ryder System Keith Walpole, Walpole

Member Benefits Committee Doc Hyder, Rowland Transportation (Chair) Robert Beryl, Vero Logistics Mike Cobb, Landstar

Mike DelBovo, Saddle Creek Transportation Damian Diaz, North American Transport Melissa Ernst, Quality Distribution Cecil King, Cheney Brothers Tracy Linhart, Breakthru Bev Tommy Oakley, Oakley Transport Denny Ross, Kenworth of Jacksonville Joanna Schwend, Schwend Inc. Jim Shaeffer, McKenzie Tank Lines Keith Walpole, Walpole

Public Policy Committee Jimmy Davis, Davis Express (Chair) Keith Walpole, Walpole (Vice-Chair) Philip Fulmer, Carroll Fulmer (Vice-Chair) Steve Bacalis, Tom Nehl Trucks Mark Bostick, Comcar Terry Dicks, Dicks Enterprises Gary Enzor, Quality Distribution Frank Morris, UPS J. Taylor, Taylor and Associates Philip Taylor, Broadleaf Duple Travillion, FedEx Corp. Chris Verlander, AIF

2016 SMC Officers

2016 TMC Officers

Cary Watkins Jared Fritts Landstar Transportation System Moments Notice Truck Chair Driver Leasing Secretary Tracy Linhart Breakthru Bev Jim Anderson Florida Rock & Tank Lines First Vice-Chair Immediate Past Chair Bill Roy Scott Reagan Walmart Transportation Centurion Auto Logistics Second Vice-Chair TDC Chair Larry Hicks Publix Super Markets Treasurer

Chris Emrich Southeastern Freight Lines Chair

Tom Jones Publix Super Markets Training Chair

Jeff Hile Saddle Creek Transportation Vice-Chair

Jeff Day Publix Super Markets SuperTech Co-Chair

Bob Thomas Nextran Truck Center Immediate Past Chair

Shelley Conklin Landstar Transportation System SuperTech Co-Chair

FLTrucking.org  |  Q2 2016  |  Florida Truck News

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Tell Me Something Good! Achievements, milestones and other reasons to celebrate those in Florida’s trucking industry Walmart’s Fort Pierce location received the following awards in the same year for the first time in company history: 1. Walmart Private Fleet Transportation Office of the Year: Outstanding level of service to our stores and clubs in our service area. 2. Walmart Private Fleet Safety Office of the Year for 2015, competing against 42 other regional transportation facilities throughout the United States. The company traveled 9.2 million miles at Ft. Pierce with only two preventable accidents. 3. The Logistics Helen R. Walton Excellence in Community Leadership Award winner for 2015. In recognition of leadership, dedication and outstanding efforts to improve the quality of life through involvement in the communities in which we live and work.

AARON AMAT/SHUTTERSTOCK.COM

Chris Hepler, region vice president of Element Fleet Management, earned the Certified Transportation Professional® (CTP) designation, joining a group of transportation professionals who are raising industry standards and increasing the respect and prestige of the private fleet/transportation professional.

During its 2016 annual conference held April 26-30 in Orlando, the Specialized

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Florida Truck News  |  Q2 2016  |  FLTrucking.org

Carriers and Rigging Association (SC&RA) elected John McTyre, Sr., McTyre Trucking Co., Inc., as president. The SC&RA is an international trade association of more than 1,300 members from 46 nations.

Every year, Ritchie Bros. sells tens of thousands of transport trucks for dealers, operators and OEMs to buyers around the world. This year, the company set a new site record, selling 500 truck tractors at the annual February auction in Orlando.

human trafficking and making a phone call to report something suspicious.

Oscar Horton, president/CEO of Sun State International, was honored by Black Enterprise magazine at their Entrepreneurs Summit on May 6th.

David Falk has just been named the executive operations manager for Sun State’s Trailer Sales & Rental Division.

Service Trucking Inc. is celebrating their 40th year in business. Darryl Nowell, a professional driver for Eagle Transport, was awarded the 3rd Annual NTTC Professional Tank Truck Driver of the Year Award. The award recognizes an exemplary tank truck driver who serves the industry with the most reliable and safe transportation of liquid and dry-bulk commodities.

Quality Distribution/QC supports Truckers Against Trafficking (TAT) and is offering training to their entire fleet. Drivers trained by TAT have made an impact by knowing the signs and signals of

IDEALEASE is going to be opening a new facility later in 2016. This facility will be close to three acres, with a four-bay drivethrough shop. The site is close to the 301 I-4 interchange in northeast Hillsborough County.

Three FTA members recently chose Infinit-i Prime by Vertical Alliance Group, Inc. to provide online training at their companies. Oakley Transport,


GOOD NEWS

Peninsula Trucking and Southeast Milk, Inc. can now use the system to streamline and ensure accurate documentation of training and to improve operating revenues.

Congratulations are in order for Terry Borglund and his co-owners at McGee Tire Stores. They have recently accepted an impressive buy-out offer from Monro Muffler and Brake Company headquartered out of Rochester, N.Y. Monro has over 1,000 stores nationwide.

Southeastern Freight Lines has received the Expeditors Environmental Partner of the Year Award for 2015. Expeditors, a global logistics company, recognized Southeastern for its outstanding service, performance and commitment to environmental sustainability.

Congratulations to Thermo King of the Southeast for opening their seventh location and kicking off a refrigerated trucking industry podcast called “Practical Miles.”

It’s always great to see a former Road Team making a difference in the industry. Here is a quote from Kevin Rutherford on his previous experiences with FTA: “I’m sitting here preparing for the biggest event of my life and was reminiscing about how I got started. Back when FTA started the Road Team, I was a contractor/driver at Fedex Ground. One of my friends at the time was on the inaugural team and convinced me to apply for the team the next year. The problem was I had an extreme fear of public speaking. Somehow I made it through the

interview process and was chosen. My first several speaking engagements were terrifying for me, and I’m sure I was horrible, but little by little they got easier and I started to enjoy the events. I’ve been speaking to the trucking industry ever since. I have hosted a callin radio show on SiriusXM for the last 10 years, as well as giving seminars and keynote speeches to drivers, fleet executives, brokers and many of the industry associations, as well.

Mr. Thomas Sykes, a driver for Davis Transfer Company, Inc., received special recognition on April 16 for reaching one million safe driving miles. This means no accidents, no private property damages, etc.; this incredible achievement marks a completely clean slate. Submit your own good news to us! Email to tisha@FLTrucking.org.

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5/28/2015 9:47:52 AM FLTrucking.org  |  Q2 2016  |  Florida Truck News

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Landstar:

Transportation Management Giant Continues Multi-Generational FTA Leadership and a Stalwart Focus on Safety

PHOTOS COURTESY OF LANSTAR

By Lisa Kopochinski

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Florida Truck News | Q2 2016 | FLTrucking.org


Trucking...Safer Every Day

C O V E R S T O RY

Jared Fritts (on the cover) is the latest Landstar exec to lend the company’s resources and know-how to the FTA Safety Management Council

F

or nearly 25 years, Landstar’s unique business model as a worldwide asset-light provider of integrated transportation management solutions has set itself apart from its competition by providing its customers and providers with greater flexibility. “Landstar is a unique network of independent transportation providers and independent sales agents that—together with our corporate division—offer great flexibility and a local presence with a global reach,” said Mike Cobb, vice president of safety and compliance for Landstar. With more than 1,200 employees and approximately 9,000 leased independent owner-operators (which the company calls business capacity owners, or BCOs), plus another 44,000 availablecapacity providers, Landstar is headquartered in Jacksonville, Fla. and has other offices in Rockford, Ill., Ontario, Canada, as well as 10 other BCO orientation centers across the U.S. “Every agent and capacity provider is an independent business owner, highly motivated to ensure the customer’s satisfaction and success,” said Cobb. “Our unique business model provides customers with access to a network of more than 44,000 truck capacity providers, 9,000 BCO-provided power units and a wide array of equipment that no one in the industry can match.” An FTA member since the early 1990s, Cobb says the association provides Landstar with great networking opportunities and the ability to showcase its safety performance by participating in Fleet Safety Contests and Truck Driving Championships. “The Safety Management Council (SMC) provides an opportunity to meet periodically with peers to discuss best practices and regulatory updates,” said Cobb. In fact, the FTA SMC is a multi-generational commitment in Landstar history. Herman Fauss, one of the first safety executives hired by a newly formed Landstar in 1987, was the first to bring the company to the FTA ranks. Since then, the company has lent two safety department managers to the SMC: Mike Cobb and Jared Fritts. Cobb chaired the SMC in 2006 and is heavily involved in the Florida Truck Driving Championships, annual Safety Awards and more. Fritts is the current FTA SMC chair, a role that is the culmination of more than five years of SMC leadership and involvement. Fritts is also a member of FTA 2.0, a leadership and service group within FTA that specifically targets mid- to upper-level managers. As evidenced by their commitment to FTA’s SMC, safety is of paramount concern to Landstar, even with their unique owneroperator business model. FLTrucking.org  |  Q2 2016  |  Florida Truck News

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C O V E R S T O RY

Trucking...Safer Every Day

Landstar HQ in Jacksonville

The record of any operator involved in an accident, regardless of preventability, or who receives a moving violation, regardless of warning or citation is reviewed in its entirety. “Following a determination of opportunity to improve skills, a loss prevention analyst will coordinate a training program with an operator,” said Cobb. Landstar offers a diverse and effective commercial operator training program. Training opportunities include driving simulators, online training, Landstar’s Continued Awareness of Business and Safety (CABS) program, its cargo securement program and the National Safety Council’s DDC program for the Professional Truck Driver and Long Combination Vehicle (LCV). Calling safety its most important value, Cobb says the mindset at Landstar is safety before service. “We are dedicated to the safety of the Landstar family and the general motoring public every day,” he said. “We accomplish this by acting in a safe, compliant and responsible manner while maintaining our industry leadership in safety programs. The application of our ‘safety first’ culture allows our operators and employees to thrive in a safe environment.” Additionally, the acknowledgement of safe driving is important to Landstar. Besides its exceptional safe driving annual award program, the company hosts an annual All-Star Celebration event where Landstar’s Million Mile Safe Drivers and Roadstars are invited to attend and are recognized for the remarkable service they provide. “Currently we have over 800 active one, two, three and four million milers,” said Cobb. 10

Florida Truck News  |  Q2 2016  |  FLTrucking.org

Since its inception in 1988, Landstar has placed a strong focus on making sure the small businesses it works with—its owneroperators/BCOs—have the freedom and support they need. “This unmatched freedom we provide helps many BCOs make a career out of trucking that might not otherwise be practical, due to family or other considerations,” said Cobb. “Our strong focus on their needs—helping them meet regulatory requirements, stay safe and achieve their financial goals—separates Landstar from many other carriers and leads to very low turnover rates.” These impressive results are reflected in surveys like the Top Fleets. For the fifth consecutive year, Landstar is among the “Top 20 Fleets to Drive For” according to the latest survey conducted by the Truckload Carriers Association (TCA) and CarriersEdge.

Fleet maintenance While BCOs own and operate their own equipment, they are subject to compliance with the independent contractor operator agreement they have signed with Landstar and applicable by law. Landstar BCO equipment is periodically inspected, as required by FMCSA Regulation 393.17(a), the standards in Appendix G, including components listed in 393. The Federal Periodic Inspections are performed every 120 days by approved third-party inspection shops that have received training, instructions and inspector certification as required by 393.19 and 393.25. Additionally, every 120 days, Landstar BCOs perform, document and submit their preventable maintenance and repair reports, as required by FMCSA Regulation 396.3(a). Landstar company trailers are also periodically inspected every 120 days, with preventable maintenance performed, as


Trucking...Safer Every Day

“Every agent and capacity provider is an independent business owner, highly motivated to ensure the customer’s satisfaction and success.” – Mike Cobb, Vice President of Safety and Compliance, Landstar required by 396.3(a); that includes lube, inspecting the tire inflation system, tire pressure and CARB-related components.

Attracting women While most trucking owner-operators are men, Landstar is making inroads by attracting more women to this industry. An active member of both Women in Trucking and Truckers Against Trafficking, Landstar hosts Girl Scout events called “Trucks are for Girls,” which actively support the employment of women in the trucking industry. The Girl Scouts who participate in this event learn about an important segment of our economy while getting an up-close view of a tractor-trailer in a fun-filled day of learning. “The girls leave the event with a better understanding of what keeps America moving and know they can be part of it. Each girl receives a custom Women in Trucking Association transportation patch,” said Cobb. In fact, the latest issue of Landstar’s The Road to Success magazine focused on the “new face of trucking,” or women in trucking. “It was well received and highlighted the role of women in our industry and within our BCO family,” said Cobb. “More than 100,000 copies are distributed to over 600 truck stops, our major customers and Landstar agents and BCOs.” With its new focus on hiring female drivers and its utmost focus on safety, Landstar’s continued participation in FTA and its SMC definitely pays dividends on both ends of the equation. From Fauss to Fritts, the association owes much to Landstar in terms of leadership and support. From the looks of it, the benefits are mutual.

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FLTrucking.org  |  Q2 2016  |  Florida Truck News

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GREAT REASONS to Attend FTA’s Annual Conference

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Florida Truck News  |  Q2 2016  |  FLTrucking.org


ANNUAL CONFERENCE

Help move the industry—and your business— forward by attending our annual industry event By Ken Armstrong

F

TA’s annual conference has long been a must-go event. 2016 raises the stakes. Make plans now if you haven’t already. The theme for this year’s event is simple: “Forward.” Attendees will see the theme played out in a variety of ways as enlightenment, enjoyment and encouragement abound on July 28 and 29. “Forward” is the perfect complement to 2014 and 2015 themes of “Tomorrow” and “Together.” Forward challenges us to do better.

A speaker line-up worthy of a national conference Governor Bill Graves, in one of the last keynotes of his distinguished American Trucking Associations career, will kick us off at our Friday morning general session looking at U.S. trends, issues and challenges. Congressman David Jolly (an active member of the transportation subcommittee of House Appropriations) will share insights on past and future federal policy. Knowing the importance of the trucking industry reaching out to veterans, we have invited Military.com’s dynamic director to address us—Karin Childress-Wiley. Finally, the closing keynote will be presented by one of America’s most impressive and acclaimed speakers and authors, Don Yaeger. Don is a nine-time New York Times bestseller and has close ties to Florida Trucking Association.

A who’s who of attendees Anyone who is anyone, and anyone who wants to meet anyone, comes to the FTA annual conference. Now that may seem like it’s a VIP-only event, but nothing could be further from the truth. The conference is when everyone is on equal footing, whether supplier or carrier, a one-truck operation or megafleet, middlemanager or company owner. We are all together to learn, to connect and to enjoy.

The state of the industry Two major business sessions on Thursday afternoon bring the entire assembly up to date. Even though one is technically a Board of Directors meeting and the other Council of Delegates, all are welcome to hear a report on state legislative outcomes, the financial condition of the association, and progress toward established goals for membership and member services. As FTA’s president and CEO, I will deliver the annual State of the Association address.

Pass the gavel—acknowledge excellence The closing banquet on Friday allows us to salute the outgoing board chair, Denny Ross of Kenworth Jacksonville, and welcome the new chair, Jeff Day of Publix Super Markets. Each will describe the opportunities seized and yet to be seized in leading and supporting FTA. The annual conference is also the perfect place to recognize the accomplishments of 2016 award winners: Driver of the Year, TDC and SuperTech Grand Champions, Safety Professional of the Year and Fleet Safety Award recipients.

Network, network, network People come to the annual conference to learn. People come to initiate business conversations. People come to show support—through sponsorship, attendance and service. People come to give their employees or family members a once-ayear treat. But more than anything else, people come to rub shoulders with other folks who care as much about their businesses and the trucking industry as they do. Invariably, the most-heard evaluation is: “I get as much from the interactions with my fellow professionals as I do from any of the organized meetings.” For the 2016 annual conference we will also make a special effort to attract and welcome first-timers. We always have a reception in their honor—but all FTA members need to do more to invite and connect with newcomers.

FLTrucking.org  |  Q2 2016  |  Florida Truck News

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ANNUAL CONFERENCE

A special place

Mixing business with pleasure

For golfers, Sawgrass is more or less Mecca. But for everyone else, the haven called Ponte Vedra Beach is a world-class destination. The Marriott is simply superb. Hop the shuttle and be at the private beach club in five minutes. Explore the historic TPC clubhouse next door. Take advantage of FTA’s special $135 rate to come in a few days early or relax for the weekend.

From the opening golf tournament on the TPC Valley Course designed by Pete Dye to the beach opportunities with family members to fabulous entertainment at the banquet and then a dessert party “to die for,” FTA makes sure that the annual conference meets the needs of mind, body and spirit!

Get your Florida briefings right here FTA’s partnerships are never on greater display than during the annual conference. Secretary Jim Boxold of FDOT, executive director Terry Rhodes of HSMV and Col. Gene Spaulding of FHP bring us up to speed on everything the state of Florida is doing in connection with transportation infrastructure, regulation and enforcement. Chris Dudley, voted the number one lobbyist in the state, gives his annual update and outlook for legislative action. Nowhere else can a decision maker get all that information in one place at one time!

Planting the flag The annual conference is the time when we put our best foot “forward.” We ask our members to generously become major sponsors. We deliver transparent reports to the entire audience. Keynoters come away as impressed by our membership as we are by their insights. For 2016, especially, with the lineup of speakers FTA has achieved, the presence of a strong, unified state trucking industry will come through loud and clear. Tomorrow. Together. Forward. Take the next step. Join your fellow industry leaders at FTA’s annual conference. Registration information is on the website: www.FLTrucking.org.

CONFIDENCE COMES STANDARD.

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Florida Truck News  |  Q2 2016  |  FLTrucking.org

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ANNUAL CONFERENCE

More on the Annual Conference Phares Acuff, Florida Utility Trailers: “Supplier opportunities for networking are greatly increased with the exposure to carrier members that attend the conference. Carriers that have their safety and maintenance employees working together in unison reap the benefits by enhancing the efficiency of their operations through the sharing of ideas.” Stephanie Paysse, Signature Financial: “The annual conference is a great opportunity for both first-timers and existing members to come together and learn about various topics that impact our industry. It is a terrific venue in which to engage with peers in a meaningful manner, network and broaden your knowledge of trucking-related issues happening at the state and national levels. As an attendee, you can expect to learn and grow professionally, and also participate in social events that the conference offers.” Brad Pruitt, Vertical Alliance Group: “Great place to network, catch up with friends and find out what is going on not only with FTA but the industry as a whole.” Jeff Drury, Armellini Express: “I have been a member of this association since 1977 while working for Smalley Transportation. There are many advantages, e.g., meeting great people who share common interests because, although some of us are competitors, we face the same issues and can be represented with one voice to reach our elected officials. Other benefits: the networking, the shared information through workshops, seminars and the conference; getting to meet and speak with some of our elected officials.” Phillip Pritchett, Pritchett Trucking: “It truly is an excellent learning experience, where you can go and receive great information concerning the industry. In addition, there is a lot of opportunity to network. I feel it really is just a great time overall.”

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FLTrucking.org  |  Q2 2016  |  Florida Truck News

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R E G U L AT O RY

Independence at Stake New regulatory thinking has some trucking firms feeling anxious about their relationships with independent contractors

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By Kelly Gray

merica’s trucking companies face a lot of challenges. The business is a tough one with factors such as high fuel costs, increasing rates for insurance and a range of regulatory hurdles impacting the industry like never before. Now the Department of Labor (DOL) and the Internal Revenue Service (IRS) are questioning the relationship between trucking companies and their independent contractors. The challenges were brought into the spotlight in 2014 when FedEx lost its appeal in the Ninth Circuit in Alexander v. FedEx Ground Package Sys. In this decision, the court ruled that many of FedEx’s independent contractors should be treated as employees. The costs of this case to FedEx are expected to top $250 million. The DOL and the IRS have suggested the transport sector has misclassified many employees as independent contractors, and it offers a series of tests to determine if this is the case. At stake for the industry is a payout of billions of dollars in wages, workers compensation premiums, medical insurance and potential fines. The American Trucking Associations (ATA) calls this move “an aggressive departure from prevailing classification standards,” saying it “no doubt signals an attack on industries like trucking that rely significantly on contractors.” According to the IRS, an independent contractor is a person, business or corporation that provides goods or services to another entity under terms specified in a contract or within a verbal

agreement. An independent contractor may not work regularly or regular set hours for an employer, but works as and when required. Lawyer Gregory M. Feary suggests that under federal tax regulations, truck drivers who are closely controlled at a daily and detailed level will likely be deemed employees. Feary is president and managing partner of Scopelitis, Garvin, Light, Hanson & Feary, P.C., a national leader in transportation law. He says that companies are free to bargain and contract for the results to be accomplished without crossing the lines of employment classification. To assist companies with classifying workers as employees or independent contractors, the IRS compiled a list of factors to consider. These factors are often called the 20-factor test, and while the IRS has updated them to actually fit within three major categories, they remain important in the common law determination of employment under federal taxation. “While the IRS and some courts in recent years basically have acknowledged that cut-and-dried application of the 20 common law factors does not reflect the realities of modern industry, the focus on the right to control the details of work, as well as other key pertinent facts and circumstances derived from such factors, remains very relevant,” said Feary.

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FLTrucking.org | Q2 2016 | Florida Truck News

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REGULATORY

Bill Hood is keeping a close eye on the issue. Hood operates Farm 2 Fleet, a Tennessee-based transport company that uses the services of 80 owner operators. “We have adopted a 100 percent self-dispatch model. All of our owner-operator partners find and negotiate their own loads. And, no one can answer if our model will be looked at positively or lumped with all the other carriers that lease an ‘independent’ contractor, but effectively dispatch him or her like a company driver,” said Hood. “Where does it stop? Think about the single truck carrier that has a single customer. Would he be considered an employee of that customer? [If you] run too much freight for a single broker—are you now an employee of that broker? What about having the owner-operator incorporate? Now you are leasing on a company and need to make sure that they are following the employment laws of the appropriate state. Will that work?”

The Department of Labor and the Internal Revenue Service are questioning the relationship between trucking companies and their independent contractors.

Here is what the IRS asks in its 20-factor questions to determine if your independent contractors are employees: 1. Can the worker make a profit or suffer a loss as a result of the work, aside from the money earned from the project?

2. Does the worker have an investment in the equipment and facilities used to do the work? 3. Does the person work for more than one company at a time? 4. Does the worker offer services to the general public? 5. Do you have the right to give the worker instructions about when, where and how to work? 6. Do you train the worker to do the job in a particular way? 7. Are the worker’s services so important to your business that they have become a necessary part of the business? 8. Must the worker provide the services personally, as opposed to delegating tasks to someone else? 9. Do you hire, supervise and pay the worker’s assistants? 10. Is there an ongoing relationship between the worker and yourself?

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11. Do you set the worker’s hours? (Independent contractors are masters of their own time.) 12. Must the worker spend all of his or her time on your job? (Independent contractors choose when and where they will work.) 13. Must the individual work on your premises, or do you control the route or location where the work must be performed? 14. Do you have the right to determine the order in which services are performed? 15. Must the worker give you reports accounting for his or her actions? 16. Do you pay the worker by hour, week or month? 17. Do you pay the worker’s business or travel costs? 18. Do you provide the worker with equipment, tools or materials?

1-904-880-1515 executive@raventrans.com | idriveraven.com 18

Florida Truck News  |  Q2 2016  |  FLTrucking.org

19. Can you fire the worker? 20. Can the worker quit at any time, without incurring liability?


MAINTENANCE

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You Mean There’s a Brake Regulation for That? You’re responsible for knowing FMCSR brake regulations, whether you actually do or not! By Shelley Conklin, Inspection Services Technical Administrator, Landstar

icture it: July 18, 2015, on a hot clear day in Arizona, driver Dudley Do-Right is on his way to Montana with a load of 38,000 pounds of pears and has found an issue with two automatic slack adjusters on his 2006 tractor. He pulls into the truck stop bay for repairs and the fun begins. Mechanic Tommy FixitNow explains to Do-Right he needs to replace two automatic slack adjusters; however, he does not have any in stock, so he has to order them from the dealership. FixitNow contacts Bobby KnowitAll at the dealer, who states, “You say this is for a 2006 Rightliner? Well, I am fresh out of that model of automatic slack adjusters, but the bay manager says we have a special on manual slacks for $59.99 each!” FixitNow hollers back to Do-Right with the good news of the savings on the manual slacks and he happily said, “Sold; I’ll take them.” After the repairs are made, Do-Right faxes over the invoice to his company, and with a smile on his face thinking of the money saved, he heads off to Montana. Two hours later, his phone rings (hands-free of course) and it is Kathy Eagle-Eye from the Compliance Department: “Do-Right, did you just replace two of your automatic slack adjusters with manuals, as this invoice states from the Rock’m Sock’m Truck Stop?” “Yea, and I saved a boatload, too!” replied Do-Right. Mortified, Eagle-Eye said, “Do-Right, do you realize it is illegal to replace automatic slacks with manuals on your 2006 tractor? You should have known the FMCSA Regulation 393.53(b) that

states all equipment manufactured after October 1994 must have automatic slack adjusters. Please legally and safely pull over at the next exit or rest area so we may help you take care of this. Not only did the truck stop personnel not have any knowledge of the regulations, but neither did the dealership! Your equipment is in violation of FMCSR, and must be stopped; plus, if you’re inspected at roadside, it is a violation with CSA Points issued.” “But I don’t understand,” Do-Right said, “The truck stop and dealership people should have known this because they work with equipment day in and day out, and they sold and installed them. Don’t they know the regulations and you say I am supposed to know them, too? I’m pulling over now.” Clueless? Unfortunately, yes. All parties involved were going about their daily duties with great pride but lacked the basic knowledge of the brake regulations that govern our industry. Sounds unbelievable, right? But this actually happens. I hear this type of story play out over and over as I talk with large repair shops, mom-pop locations, carriers, maintenance departments and drivers. Like Dudley, Tommy and Bobby, they did not have a clue there was a brake regulation mandating automatic slack adjusters for this 2006 tractor. And it is a requirement that your teams also comply and have the knowledge as stated by: • FMCSR 393.1(b)(1) - Every motor carrier & its employee must be knowledgeable of & comply with the requirements & specifications of the part. Continued on page 21 FLTrucking.org  |  Q2 2016  |  Florida Truck News

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Names and location have been changed in this story to protect the clueless



MAINTENANCE

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CREATIVA IMAGES/SHUTTERSTOCK.COM

Don’t be one of the clueless. Get your teams involved during meetings, and review the FMCSA Brake Regulations from 393.40 through 393.55.

• FMCSR 396.1(a) – Every motor carrier, its officers, driver, agents, representatives & employees directly concerning with the inspection or maintenance must be knowledgeable & comply with the rules of this part. And 396.3(a)(1) – These include those specified in Part 393… And if your maintenance team, third party shops, inspectors and even drivers inspect or work on brakes: • FMCSR 396.25(b) Qualifications of Brake Inspectors state – … brake inspector means any employee of a motor carrier or intermodal equipment provider who is responsible for ensuring that all brake inspection, maintenance, service, or repairs meet the applicable Federal standards. If the truck stop, dealership and driver were knowledgeable of these regulations, as required, this story would not have occurred, and Do-Right would not have spent nine hours at the rest area waiting on his new automatic slack adjusters, let alone the expense everyone incurred on that hot clear day. Don’t be one of the clueless. Get your teams involved during meetings, and review the FMCSA Brake Regulations from 393.40 through 393.55. If you use third-party shops, share the information. To help out, CVSA’s Operation Air Brake Committee created a training tool, “FMCSA Brake Regulations 101 – Build your foundation on the knowledge of the brake regulations.” Utilize it as a teaching tool, perform training with it, and test all parties involved. The information can be located at CVSA.org under the Operation Air Brake program. While you’re logged on, check out ideas for activities you can plan with your teams during CVSA’s Brake Safety Week 2016; September 11 to 17.

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ADVOCACY

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Washington…

Still Dysfunction Junction? Government is starting to take action that will impact the trucking industry

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e’ve all heard about the dysfunction in Washington, D.C., and how the lack of meaningful action by our Congress is harming our great country. Having spent 28 years living and working in Washington, I’ve seen firsthand how Congress’ inability to tackle tough issues has hurt us all. In trucking, we need to look no further than the continued underfunding of our highway infrastructure. But there’s good news…Congress may be getting its mojo back. As I write this (in late May), I’m happy to report that both Chambers in Congress recently took action that just might make a difference for our industry.

On May 19, the U.S. Senate passed an important bill that includes fiscal year 2017 funding for transportation projects. That bill (which, believe it or not, is not yet named), also includes important language to protect the hours of service restart provision moving forward. ATA actively supported this language (except the part that adds a new weekly hours cap), since it fixes the legislative glitch that occurred late last year. The Senate introduced this bill, moved it through two committees and passed it on the Senate floor in a matter of a few weeks. Real progress. And the good news doesn’t stop there. The U.S. House of Representatives Appropriations Committee advanced its FY 2017 transportation spending bill on May 24

FLTrucking.org  |  Q2 2016  |  Florida Truck News

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By Dave Osiecki, ATA EVP & Chief of National Advocacy


NAGEL PHOTOGRAPHY/SHUTTERSTOCK.COM

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ADVOCACY

I’m happy to report that both Chambers in Congress recently took action that just might make a difference for our industry. and the legislation includes two important ATA sought provisions. Similar to the Senate bill, the House version protects the 34-hour restart provision by prohibiting funds from being used to enforce the July 2013 restrictions on its use. Equally important, the bill also includes a provision relating to federal preemption of state-imposed meal and rest breaks, and the language makes the preemption retroactive back to 1994. Prior to committee approval of the bill, an amendment to remove these two provisions—and strongly opposed by the ATA Federation—was soundly defeated.

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While the House bill still has a few steps to go, if it’s passed, it could be reconciled with the Senate-passed bill and move to the President as early as this summer. Nothing is certain, and the House funding bill could still hit some bumps on the road, but the good news is that Congress is seemingly getting back to the “regular order” of introducing, debating and moving bills through committees as is intended in our legislative branch of government. Shifting to the federal executive branch, we, of course, find ourselves in the last year of the Obama Administration. This means we will see President Obama and his department heads try to finish as many rules as possible in order to establish their “legacy.” This rush to issue rules by a President in his final year is common practice, no matter which party holds the White House. Here are a few of the rules affecting our industry that we expect President Obama and his lieutenants to finish before the end of year. The Phase II Large Truck Fuel Economy rule: Part of the President’s climate change action plan, the Environmental Protection Agency and the National Highway Traffic Safety Administration will partner to issue this rule that will include new large truck fuel economy targets resulting from truck, engine and trailer changes. Expect this rule in late summer, with effective dates that start in 2018. The Drug & Alcohol Test Results Clearinghouse: We expect this Administration to finish this MAP-21 required database, which, if implemented properly by the Federal Motor Carrier Safety Administration (FMCSA), will provide trucking employers with a more complete picture of a driver-applicant’s past drug and alcohol testing and use history. Expect this rule in Fall 2016, with a two-year implementation window. “Entry Level” Driver Training Standards: The FMCSA also plans to finish and issue its new training standards for drivers seeking a CDL, or upgrading it from one class to another. FMCSA has been working on this rule for years, and 2016 is the year it will finish it. Expect a three-year implementation window. Busy times in Washington. Thank you for your involvement in, and support of, your state trucking association. Send me an email if you have a comment or question about something raised in this article: dosiecki@trucking.org.

2016-05-03 3:09 PM


Trucking...Safer Every Day

SAFETY

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New Driver Anti-Coercion Rule

What the trucking industry needs to know By J.W. Taylor, Esq., Taylor & Associates, Attorneys at Law, P.L.

What is coercion? “Coercion” is defined under the rule as the threat or action by a motor carrier, shipper, receiver or transportation intermediary, or their agents, officers or representatives, to withhold business, employment or work opportunities from, or to take or permit any adverse employment action against, a driver in order to induce the driver to violate one of more of the applicable FMCSRs. However, the rule places on the driver an affirmative obligation to inform the motor carrier, shipper, receiver or transportation intermediary that a request will cause a violation of the FMCSRs and to “at least generally” identify the regulation to be monitored. As a result, an entity cannot commit coercion under the rule unless and until they have been put on notice by the driver of a violation of the applicable FMCSRs.

What if attempted coercion is unsuccessful? The rule does not state specifically what actions or communications may constitute coercion in all circumstances, but guidance from FMCSA is clear that coercion that fails is still coercion. Stated differently, the act of coercion under the rule FLTrucking.org  |  Q2 2016  |  Florida Truck News

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n January 29, 2016, the Federal Motor Carrier Safety Administration (FMCSA)’s “Prohibiting Coercion of Commercial Motor Vehicle Drivers,” commonly referred to as the “driver coercion rule,” became effective. Under the rule, the FMCSA adopts regulations that prohibit motor carriers, shippers, receivers, transportation intermediaries or anyone operating a commercial motor vehicle in interstate commerce from coercing drivers to operate a commercial motor vehicle in violation of certain provisions of the Federal Motor Carrier Safety Regulations (FMCSRs). The applicable FMCSRs include drivers’ hours-of-service limits, the commercial driver’s license regulations, drug and alcohol testing rules and hazardous materials regulations. The rule permits drivers to report incidents of coercion to FMCSA, beginning January 29th. Complaints must be filed within 90 days of the alleged coercion action. The rule further requires FMCSA to investigate “non-frivolous” claims, and authorizes penalties up to $16,000 against motor carriers, shippers, receivers or intermediaries determined to have violated the restrictions. In certain instances, an entity that engages in coercion may even have its operating authority revoked. Other key points of the rule include:


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SAFETY

Trucking...Safer Every Day

Coercion that fails is still coercion. Stated differently, the act of coercion under the rule is complete when the attempt is made; it does not require success. is complete when the attempt is made; it does not require success. “Failed coercion” claims may present an opportunity for potential overreaching by drivers. However, whether coercion occurred depends on the substance of the communication and the existence of a threat, explicit or implied, to make the driver pay an economic price for refusing to violate an FMCSA regulation. Just

as there can be no coercion unless the driver explicitly states he or she cannot perform a request without violating the applicable FMCSRs, and why that is the case, there can likewise be no coercion unless the motor carrier, shipper, receiver or transportation intermediary responds with an equally explicit threat to force the driver to comply with the request despite the regulatory violation.

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Florida Truck News  |  Q2 2016  |  FLTrucking.org

Who can commit coercion? With the final version of the rule, FMCSA clarified its position that coercion may occur as the result of actions or communications by an agent, officer or representative of a motor carrier, shipper, receiver or intermediary. In response to the publication of the original version of the rule in May 2014, FMCSA received comments from within the industry citing concerns of the inclusion of “agents, officers or representatives” in the definition of coercion. However, FMCSA declined to remove the language from the final version of the rule, and instead provided guidance on the scope of those relationships. Specifically, FMCSA confirmed that a motor carrier is subject to enforcement where an independent contractor hired by the motor carrier coerces one of its own drivers to violate the FMCSRs, even without the knowledge or approval of the motor carrier. Further, while broker and other intermediaries are generally not an agent, representative or employee of a motor carrier, a broker could be found liable for coercion if it interacted directly with a driver, instead of with a carrier, and attempted to coerce the driver to commit an action that would require a regulatory violation. The full impact of the driver coercion rule remains to be seen. That uncertainty and the potential exposure to affected entities makes critical the implementation of effective policies and procedures addressing communications with drivers and the training of appropriate personnel on the proper handling of circumstances that may give rise to opportunities for coercion claims.


CARRIER HIGHLIGHT

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A Decade of Growth FOR US 1 NETWORK An agency built on relationships By Jon Waldman

Of course, like any other company, US 1 Network had its growing pains, but US 1 Industries was helpful in the down years, and those relationships helped keep the company moving. “That momentum, as you put revenue on the board, people start believing you more and I would say that, over the last four years or so, the revenue has even grown faster,” said Lucchesi, while adding that the company is careful not to grow too fast. “We’re always mindful to not let the revenue get ahead of us, because you’ve got to manage what you’ve got.” That success can, in fact, be owed completely to Lucchesi and Cavanaugh. US 1 Industries—to their credit—has given the co-owners complete authority in day-to-day operations and choosing how to build US 1 Network. This, as Lucchesi says, was based on their demonstrated ability to represent the US 1 brand well in the marketplace. “The key was delivering results­—profit and consistent growth,” said Lucchesi.

Makeup of a company Like many companies in the trucking industry, US 1 Network is a blend of in-house administrative staff (20-plus) and more than 500 contracted owner/operators and other drivers. These individuals and contractors spread across 30 locations, from California in the southwest to New Jersey in the northeast (and, of course, Florida). The company has also done some work in Canada and Mexico over the course of its history. The success that US 1 Network has enjoyed over the years is due to its vast network, and those relationships would not be as strong without the drivers being as committed as they are to representing the company proudly. This is in large part FLTrucking.org  |  Q2 2016  |  Florida Truck News

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hough it may seem on the surface to be a long period, being in business for a decade really is a short amount of time. Imagine, thus, taking a company from basic concept to a $75-million revenue generator in just 10 years. That’s the story of US 1 Network, which in 2015 celebrated their decennial, going from a staff of three to over 20 full-time staff and 500 owner-operators. No small feat, to say the least. As co-owner Don Lucchesi says, he and partner Mike Cavanaugh met with US 1 Industries’ Mike Kibler in 2005. That relationship followed Lucchesi as he moved to Land Transportation. The call from Kibler came at an interesting time for Lucchesi, who was ready to retire. The two agreed to meet to discuss future opportunities. Kibler saw opportunity and, in a hotel room in 2005, set forth on establishing US 1 Network. “Mike [Kibler] flew down to Jacksonville, met with Mike [Cavanaugh] and I, and we put a business plan together,” said Lucchesi. “That’s basically how it started. We had a concept, we knew a bunch of people and we said that we think we can get this thing off the ground.” The company truly started from the ground up—once US 1 Network was established, everything needed to be brought in, including personnel and equipment. As Lucchesi says, there were three employees and a network, along with belief in what the burgeoning company was going to be able to do. “This is a relationship type of business,” he said. “It’s not what resources you have, it’s who you know and how you treat them. In our case, we just leveraged the people we knew over the years and had good relations with them in the past. We kept working them, and it was a leap forward they had to make.”


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CARRIER HIGHLIGHT

because of the loyalty that US 1 Network has been able to build. Lucchesi remarks that they try not to compete with larger organizations in building their program, choosing instead to customize deals, executing a commission table that structures for optimal earn and efficiency while offering fuel discounts and other incentives. Additionally, the safety of US 1 Network’ owner/operators is of high concern, and those who maintain strong, accident-free records are rewarded for their individual efforts in ensuring their personal wellbeing as well as that of their cargo and equipment. This includes bonuses for the likes of perfect logs over a month, flawless roadside inspections and being accident and cargoclaim free for their first year. Additionally, safety meetings take place during the year where drivers with outstanding performance are recognized among their peers. It is in safety, though, where Lucchesi sees the trucking industry growing. He sees US 1 Network as a safety-conscious company, and believes that the industry as a whole will be striving towards a better record. Additionally, Lucchesi sees that US 1 Network will continue in its current trajectory of measured growth. He believes that the continued success of US 1 Network lies in the people representing the company, and that it’s integral to have the right people in place. “You want to have agents who are trustworthy, who aren’t going to be here for two years and jump ship—we are very diligent in who we select,” he said.

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JOINING FTA

For many companies that have joined Florida Trucking Association, doing so has enriched their business, and the same goes for US 1 Network. Employees point to the networking and education provided at events like the Spring Round-Up and informally through interactions with members, along with being able to apply strategies across all territories as being prime examples of the benefits received from their membership. US 1 Network joined FTA a couple of years ago.


F TA M E M B E R S H I P

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Making Membership

More Valuable

Are you taking advantage of FTA member benefits? You should be!

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hat is a member benefit? It is any tangible advantage that you gain for belonging to an organization. Amazon, one of the Internet’s largest retailers, offers benefits to those who become Prime members. Members of JetBlue’s Mosaic club get benefits such as no fees to cancel or change flights and a free checked bag. Just like with Amazon, JetBlue took into account what its customers would like, and came up with member benefits to meet those needs. Florida Trucking Association (FTA) currently offers a variety of benefits to its members. These include things like educational meetings and workshops on issues important to our industry, as well as representing industry needs to the Florida legislature. We also offer financial benefits to our members in the form of discounts and special savings on a variety of services and products. For instance, with FTA membership, you earn 10 percent off all Vigillo services, or 15 percent off Cargonet services. It is our goal to expand these benefits and make them easier to use. We are working hard to determine which programs will benefit you the most. The programs we add will be in an assortment of fields, to meet a diverse set of business needs. Accomplishing this

goal of expansion must be done in several steps. First, we will listen to feedback from you on things you’re interested in saving money on. Next, we will prioritize these needs and begin researching and reaching out to a variety of businesses in each field. We know that members will use our current and new member benefits much more if they are easy to understand and convenient to use. We intend to make our new Member Benefit Menu (MBM) clear and simple with discounts and specials for each benefit listed right alongside the business contact information. This list will be available electronically and at any time on our website—and updated as new programs are added. Whenever we add to the menu, we will send out a message to the entire membership with information about the program. The benefits menu will have multiple categories: equipment, travel and entertainment, talent acquisition, contract services and professional services, to name a few. Categories will make finding what you need faster and easier when using the MBM. The number one member benefits request we heard at our Spring Round-Up was for discounts on hotel room reservations. We recently found a travel site

that guarantees the lowest prices on hotels, saving members money as well as time when booking accommodations. This service will not just be available for our members’ business travel—it will be open to all FTA member company employees for both business and personal trips! The benefits we offer our members should reflect their current needs, with an eye toward innovation. Things like discounts on sleep apnea devices and gym memberships will help employees while they are not at work and, in turn, can produce a more productive workforce. Member benefits are good for both FTA and the businesses that offer the discounts. Our members get special pricing deals while the vendor gets the chance to increase commerce with one of Florida’s most important industries. With your easy-to-use MBM, you can reach out to the businesses at your own pace when you need their service or product. We anticipate the expansion of our MBM will be a meaningful addition to your FTA membership. Please let us know what you like, what you want, and what you need!  Email Ben Schultz, FTA’s coordinator of special projects, at ben@FLTrucking.org with questions or suggestions. FLTrucking.org  |  Q2 2016  |  Florida Truck News

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By Ben Schultz, Florida Trucking Association


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MEMBER ANNOUNCEMENTS

Events Around the State FTA members support Layla’s House FTA members provided manpower for a rehabilitation of the grounds at Layla’s House in Tampa during the Spring RoundUp event, April 20-21, 2016. Layla’s House is a community care center that provides childcare, education and VPK to children in downtown Tampa. Thanks to the generosity of T.J. Stidham, Inc., we provided new playground mulch, pressure washing (thank you, Denny Johnson of FedEx Freight!) of the playground and building and new truckingthemed books from Wayne T. Fellows. Florida Road Team member Vic Parish (Walmart) read a book to the children, “as a real truck driver man!” Thanks to everyone who made this outreach event a success, especially 2.0 community service coordinator, Stephanie Paysse (Signature Financial).

Inaugural Pinwheels Truck Tour a Success The inaugural Pinwheels Truck Tour was a wonderful partnership between FTA, The Ounce of Prevention Fund of Florida, Florida Department of Children and Families, Prevent Child Abuse Florida and the governor’s office. This project gave trucking a way to give back to communities in need—and help spread awareness of child abuse information and prevention practices. Rowland Transportation generously donated the use of a trailer for the month of April, and we wrapped it in colorful imagery for the Pinwheels for Prevention campaign. Then, Florida Road Team drivers took the truck to more than 15 events statewide over the course of several weeks weeks to take part in press conferences with local, state and national organizations. The project garnered our industry much attention and positive reviews for innovation and philanthropy. We are looking forward to next year’s event! If you’re interested in providing a trailer, driver or other ways to participate, let us know.

New Members Introducing the newest members of FTA. FTA welcomes everyone on the list! Carrier Companies

• AJP Industries LLC, dba Connecticut Auto Transport – Palm City, Fla. • Chemical Dynamics, Inc. – Plant City, Fla. • Del Monte Fresh Produce N.A., Inc. – Coral Gables, Fla. • Fast Lane Trucking USA, Inc. – Medley, Fla. • Interline Brands, Inc. – Jacksonville, Fla. • Lewis Oil Company Inc. – Fleming Island, Fla. • Oldcastle Coastal – Tampa, Fla.

Supplier Companies • Alvarez Truck Brokers of Florida, Inc. / J Alvarez Inc. – Ocala, Fla. • Citizens Asset Finance, Inc. – Lake Mary, Fla. • Custard Insurance Adjusters, Inc. – Norcross, Ga. • Darr Shackow Insurance & Permits – Gainesville, Fla. • Ever Bank Commercial Finance, Inc. – Marietta, Ga. • Fleet Trailer – Jacksonville, Fla. • Montoya Financial & Associates – Ponte Vedra Beach, Fla. • Mutual of Omaha – Lake Mary, Fla. • NBI Truck Driver Training – Winter Haven, Fla. • Next Gen Driver Training, LLC – Jacksonville, Fla. • Peterbilt Motors Company – Nashville, Tenn. • Randall Reilly – Anniston, Ala. • Santander Bank Corporate Equipment Finance – Jupiter, Fla. • Shell Oil Company – West Palm Beach, Fla. • Steven P. Norbeck – Vero Beach, Fla. • Tallahassee Community College – Tallahassee, Fla. • Transport Permits, Inc. – West Des Moines, Iowa • Universal Technical Institute Orlando – Orlando, Fla.

New Council Members Safety Management Council • • • •

Mary Escarra, Fast Lane Trucking USA, Inc. – Medley, Fla. Igor Ivanic, Interline Brands, Inc. – Jacksonville, Fla. Steven Norbeck, Steven P. Norbeck – Vero Beach, Fla. Scott Pettis, SE Independent Delivery Service – Lakeland, Fla.

Technology & Maintenance Council • Heather Griffith, Orlando Freightliner – Apopka, Fla. • Paul Malchow, Orlando Freightliner – Apopka, Fla. • Bryan Self, Interline Brands, Inc. – Jacksonville, Fla. 2.0 • • • •

Keith Rowe, Peterbilt Motors Company – Nashville, Tenn. Shawn Schneider, Peterbilt Motors Company – Nashville, Tenn. Joey Swafford, Peterbilt Motors Company – Nashville, Tenn. Kevin Wright, Peterbilt Motors Company – Nashville, Tenn.

* List updated as of May 31, 2016 30

Florida Truck News  |  Q2 2016  |  FLTrucking.org


CALENDAR OF EVENTS

Calendar of Events July 2016

August 2016

September 2016

October 2016

• July 4 – Independence Day (FTA office closed) • July 7 – Annual Conference hotel deadline • July 27-31 – FTA Annual Conference Ponte Vedra Beach – Includes annual Council of Delegates meeting and Board of Directors meeting

• August 5 – Safety Roundtables Q3 Regional meetings statewide • August 9-13 – National TDC Indianapolis, IN • August 17 – TMC Workshop TMC Membership Meeting Deerfield Beach

• September 5 – Labor Day (FTA office closed) • September 7-9 – North Florida NZ Blitz Florida Panhandle • September 19-22 – National SuperTech Competition Raleigh, NC

• October 18-20 – FTA Fall Round-Up SMC Membership Meeting Daytona Beach • October 18 – Volusia Schools RT Blitz • October 19 – Vehicle Inspection C (Flagler, I-95 N&S) • October 20 – Educational Institute

2016 Florida SuperTech Winners 2016 Florida SuperTech Champion (back-to-back winner!): Robert Gonzalez Ryder System Plant City, Fla.

Congratulations to the 2016 Florida SuperTech Winners, who competed at Orange Technical College—Mid-Florida Campus on March 16, 2016. Robert Gonzalez advances to the national SuperTech competition in Nashville later this year.

2016 Florida SuperTech First Runner Up: Steven Cekov Florida Power & Light Palm Beach, Fla. 2016 Florida SuperTech Second Runner Up: Phillip Waldron Travel Centers of America Marianna, Fla.

Station Winners FPI Station – John Solero Fastener Station – Robert Gonzalez Brakes Station – Brett Stocker Tire/Wheel Station – Kyle Kampourakis Electrical Station – Paul Crawford

Engine Diagnostic Station – Steven Cekov Written Test – Steve Remus Student Champion – Taylor Owler, Orange Technical College, MFT Campus

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FLTrucking.org  |  Q2 2016  |  Florida Truck News

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Q&A

SUPPLIER SPOTLIGHT

Mac McKinley, Bendix Commercial Vehicle Systems At Home Hometown: Macon, Ga. College: Georgia Southern College (Statesboro, Ga.) First car: 1963 VW Beetle Favorite color: Green Favorite movie: Giant (Rock Hudson, Liz Taylor, James Dean) Favorite vacation spot: Sanibel, Fla. Do you have children? No Apple or Android? Apple What is the last thing you Googled? The band Pure Prairie League Which reality show would you choose to be on? None. I do not care for them. Who—living or deceased—would you most like to meet? Benjamin Franklin What super power would you want to have? Flying would be cool What is the last movie you saw in theaters? Life of Pi Where is the farthest you’ve been away from home? Las Vegas If you could eat one thing for the rest of your life, what would it be? Chicken, preferably fried. (I’m a Southern boy.)

At Work Current title: Aftermarket Account Manager Why did you get into trucking? After spending the majority of my career in the automotive aftermarket, a job change in 2000 allowed me to enter the heavy duty trucking industry. The challenges are more intriguing, and there are just as many similarities as there are differences. What I’ve enjoyed the most, however, are the people. Being a part of this industry—and being associated with such a respected brand as Bendix—has given me the opportunity to learn, to teach, to give back and to make many good friends. I’m proud to be a part of an industry that is so vital to our economy. What’s the best piece of advice you’ve ever received? Acknowledge and speak to everyone at your customer’s business…they all play a part in the success of that organization.

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Florida Truck News  |  Q2 2016  |  FLTrucking.org

What is your personal business philosophy? Be honest and follow through on your commitments. When and how was your company started? Bendix Commercial Vehicle Systems, a member of the KnorrBremse Group, was incorporated in 1930 and recently marked its 85th anniversary. We’re proud to serve the commercial vehicle industry—OEs, fleets and the aftermarket—as experts in air brake systems and leading-edge safety technologies in North America. We offer reliable, durable, high-performing solutions and services around the corner and around the globe. What are the challenges facing your company today? Ensuring vehicle operators understand the value, performance and return on investment of the safety solutions we offer. What is the biggest challenge currently facing the trucking industry as a whole? The ability for fleets to find and retain both drivers and technicians is critical…they are at the top of the list. We also need to improve and promote the image of our industry to entice the next generation. What improvements have you seen in the industry? The continuing growth of active vehicle safety systems. On every part of the vehicle, including in the cab, there are solutions to help improve highway safety for all of us. The other enhancement is greater understanding of the value of genuine parts in the aftermarket. It’s vital to understand the difference between remanufactured versus rebuilt when it comes to reliable vehicle performance. Where do you see future growth in the industry? As I think about growth opportunities I believe there will be an increase in LTL shipments. As the housing market continues to thrive, we should see more heavy freight opportunities. What are the greatest benefits to FTA membership? Being able to meet and develop relationships with our fleet members and work with them to keep them abreast of new safety solutions is a big benefit. As a fairly new member, I’m still getting to know everyone. I look forward to meeting more members and working together to deliver the best solution to help them keep their trucks on the road while keeping an eye on their bottom line.


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