A SURGING CONCERN FOR TRUCKING
Third-party litigation financing should concern everyone, particularly when financing occurs away from public view. Issue 4, 2021
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Issue 4, 2021
Curbing Lawsuit Abuse with Tactical Training
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IMTA leaders recognize the importance of legislative solutions, but they also recognize the importance of providing the members with additional tools to defend themselves in this contentious environment. Learn what the IMTA has in store to do just that.
Special Section:
The Extra Mile
Revisit the moments from the 2021 IMTA Management Conference, including the award winners from the IMTA Awards Gala.
FEATURES p2
Listening In
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Chairman's Message
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President’s Message
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Up Close & Personal
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Members in the News
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Iowa Update
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Industry News
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Economic Update
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ATA Update
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IMTA Priority: Workforce
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Final Thought
OUR STAFF BRENDA NEVILLE, CAE President & CEO
GARY HANDLEY Special Projects Coordinator
JANELLE STEVENS Director of Communications, Education & Events
KEVIN WILLIAMS Special Projects Coordinator
brenda@iowamotortruck.com
janelle@iowamotortruck.com
ALLISON MEINERS Director of Safety & Member Services
gary@iowamotortruck.com
kevin@iowamotortruck.com
SAM SWANBERG Education & Events Manager sam@iowamotortruck.com
allison@iowamotortruck.com
KENZIE IHLE Education & Events Coordinator
MP DESIGN Design & Cover Illustration MPDesign.biz
kenzie@iowamotortruck.com IOWA MOTOR TRUCK ASSOCIATION 717 East Court Ave, Des Moines, IA 50309 515.244.5193 | iowamotortruck.com
SPONSORS IFC p4 p16 p17 p26
Renewable Energy Group
Truck Center Companies
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TrueNorth Companies
O’Halloran International
MHC Kenworth
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Great West Casualty
Midwest Peterbilt Group
Central Trailer Service
IMTA Cornerstone Sponsors
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Ziegler CAT
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McGowen Hurst Clark Smith Thermo King Sales & Service
p40 IBC BC
Truck Country Thompson Truck & Trailer Midwest Wheel Companies
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Quality Services Corp. Washer Systems of Iowa Royal Flush Truck & Trailer Wash
ISSUE 4, 2021
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“What you’ve given me is the most profound experience I can imagine.” “Facebook makes more money when you consume more content. People enjoy engaging with things that elicit an emotional reaction. And the more anger that they get exposed to, the more they interact and the more they consume.” FACEBOOK WHISTLEBLOWER FRANCES HAUGEN when discussing her internal research of the tech giant
ACTOR WILLIAM SHATNER to Jeff Bezos moments after returning to Earth from a trip just beyond the edge of space
“He forged the way to become the highest rank in civilian government ever held by an African American when he was appointed Secretary of State and devoted his life and work to our country.” GOVERNOR KIM REYNOLDS statement on the passing of former Secretary of State Colin Powell
LISTENING IN “When somebody welcomes a new child into their family and goes on leave to take care of that child, that’s not a vacation. It’s work. It’s joyful, wonderful, fulfilling work, but it is work.” GOVERNOR KIM REYNOLDS in response to an investigation by the Iowa Department of Education over the state’s ban on mask mandates
“For too long in this country, we haven’t paid as much attention and respect to people that work with their hands.” U.S. SECRETARY OF AGRICULTURE TOM VILSACK while visiting a UAW picket line outside the John Deere plant in Ankeny
“Even if just 1% of drivers leave the industry over the vaccine mandate, the disruption will be massive and crippling to our supply chain and economy.” ATA PRESIDENT AND CEO CHRIS SPEAR addressing the looming federal vaccination mandate during his address as the annual ATA Management Conference
CHAIRMAN'S MESSAGE It is a distinct honor to be serving in the role of IMTA’s Trucking is hard work and at every turn we are facing a chairman of the board. For as long as I can remember, the new challenge. Today’s environment tests even the most Iowa Motor Truck Association has been a valued partner seasoned CEO, yet I can’t imagine doing anything else. to me and our company, Weinrich Truck Line. Through Trucking is all I know and despite the challenges, I love the example set by my parents, giving back to the indus- every minute of it. I believe there are many reading this try through participation at a high level has always been column that have the same affinity for this industry. We what is expected. Organizations like IMTA as well as are dedicated problem solvers the American Trucking Associations and the Truckload and tenacious in serving this Carriers Association play an important and necessary role. country every day by delivAnd for these organizations to be effective and successful, ering the peace of mind that we must step up and be involved. only our industry can deliver. Over the next 12 months, I am committed to serving We have a big job, but we do you by being engaged and attentive in leading the efforts it well and we have demonof our association as your chairman. I take this role very strated that time and time seriously and my goal is to contribute as much as possible again. Like many of you, I am in moving forward on several important priorities. But to be effective, I am calling on you to be even more involved proud of the work we do as a trucking company and I am as an IMTA member. My dad instilled in me the “get in the game” approach proud of the impact we make and I am going to do the same with you. As a member on the lives of virtually everyof IMTA you need to get in the game and be an engaged one. Like you, I also get frusmember. Far too often, people think that being “engaged” trated when people take us BRENDA DITTMER means that they must attend an IMTA event, write a check for granted or cast a negative IMTA’s Chairman of the Board or get involved on a committee. Those are all good things image on our industry. I get to do, and I would encourage and challenge you to consider as equally frustrated when legislators propose legislation doing all those things but being engaged is with no real understanding or appreciation much easier than you think. It is as simple of what is required every day to get a truck MY DAD INSTILLED as taking the time to read the newsletter from point A to point B. Unfortunately, I IN ME THE “GET IN THE and staying on top of the various priorcan’t fight all those battles but organizaities we are focusing on. It is as easy as GAME” APPROACH AND tions like the IMTA are on the frontline hopping on a monthly webinar to gain I AM GOING TO DO THE every day fighting those battles for us. some expertise on a new regulation or a They are doing work that I simply cannot SAME WITH YOU. AS do because of my many responsibilities new challenge facing our industry. Being A MEMBER OF IMTA at the company. I have often thought of engaged means that you will take 5 minYOU NEED TO GET IN where we would be as an industry if we utes to participate in one of our monthly didn’t have organizations like the IMTA surveys or be part of one of IMTA’s focus THE GAME AND BE AN as our advocate and our watchdog. groups. ENGAGED MEMBER. While we appreciate your financial This is important work people, and support, getting your input and insight we need important organizations like is what really enables us to do even more as an association. the IMTA in our corner. I have always been involved and We need to hear about the things that are impacting your engaged at a high level but now as your chairman, I too am bottom line. Your feedback does matter. We value the opin- going to kick it up a notch and I challenge you to do the ions and responses of the membership and hearing from same. We have a lot of challenges in front of us but I am engaged members is at the heart of what we do every day confident that when we all come together and roll up our as an organization. In order to be the voice of the industry, sleeves, things will happen and we will make progress in we need to hear from the members to ensure we are getting overcoming some of these obstacles. it right when we advocate for you. Are you with me?
ISSUE 4, 2021
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PRESIDENT’S MESSAGE “Maybe Christmas doesn’t come from a store. Maybe Trucking operations of all sizes are being innovative and creChristmas perhaps means a little bit more.” — The Grinch ative in their efforts to strengthen their workforce. More money, As the perils of the supply chain continue to be in the fore- more home time, new equipment, and many other attractive front the quote from the Grinch seemed appropriate especially benefits are being offered up. as the media continues to predict shortages. A colleague jokingly Our Governor and several other state agencies reached out to remarked that a roll of toilet paper may be the most popular stock- IMTA to offer support and ing stuffer in 2021. together we are exploring Since the global pandemic became a reality every delicate link and collaborating on ways of the supply chain has been tested. Now the perfect storm is to retain and recruit folks making a thunderous appearance every day as stories about the into trucking. Legislative “failing supply chain” are everywhere. In the last month, I have action in DC is now openparticipated in over 20 radio or TV interviews all prompted by ing the door to allow 18- to a fear of massive shortages and a misguided notion that getting 21-year-olds to interstate more drivers in big trucks would solve the problem. If only it were driving through a pilot that simple right? program. Additionally, we need As I have pointed out in my response to reporters, there is a reason it is called a supply “chain”. There is a myriad of links in the to focus our attention on chain and each one of those links plays an extremely important students from elementary role in the production and movement of every product we depend to high school. This is our on. And right now, many of those links are compromised due to pipeline of new drivers, mechanics, and employees depleted inventories coupled with increased demand. Over the last year, when the country shut down, there was in general and we need to be nowhere to spend the money and people were forced to save. Then in front of these potential BRENDA NEVILLE you throw in an infusion of cash through government handouts, employees regularly. IMTA President & CEO and we now have an environment where significant financial gains We have a great story to by most of the population prevail. tell and IMTA has the tools Now consumer demand is surging on all fronts. Everyone is to enhance the story (show trailer & driving simulator). Research spending money at unprecedented levels and spot shortages and has shown that you can influence decisions if you start early and communicate often. This approach will be effecmessages from the media to “buy early” is cretive, but it will take many years of consistent ating panic buying. EVERY TRUCKING For those of us in trucking, we know that the messaging and unwavering discipline in getting supply chain is not broken or unfixable despite COMPANY IN THIS STATE out to these student audiences regularly. what a lot of people are saying. While it is fragile School outreach efforts coupled with effective IS IN NEED OF DRIVERS and every link depends on the one before it, the and well-developed advertising campaigns can AND UNFORTUNATELY, supply chain issues will be resolved. and will move the needle in the workforce issues. THERE IS NO QUICK The good news - most people now have a We are committed to launching a campaign that OR EASY FIX TO THIS better understanding of the supply chain and will be effective in creating interest and a desire for many, especially here in the Midwest, the ESCALATING CONCERN. to be employed in the trucking industry. most recognizable part of that supply chain is We will be relying on experts in helping us create the messaging and advertising, but will also be relying on the trucking industry. Over the course of the last 18 months, consumers have come our members to provide feedback, suggestions, and input. We to appreciate and recognize the value of those big trucks rolling will be asking IMTA members to participate in focus groups and up and down the road. If trucks are rolling, shelves are stocked, surveys to help us get it right. We know this is your number one concern. We hear from memorders are getting filled and everyone is happy. Consumers of all demographics now understand the tagline “if you have it a truck bers every day and we hear your frustration and exasperation. This is our priority too and we are optimistic that this campaign brought it”. This is good news for our industry. This goodwill is a valuable will produce results. springboard in attracting quality people to the trucking indusStay tuned for more information as we roll this campaign out try. Every trucking company in this state is in need of drivers and thank you in advance for your support and commitment and unfortunately, there is no quick or easy fix to this escalating to being relentless in the effort to attract folks to the trucking industry. concern.
ISSUE 4, 2021
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UP CLOSE & PERSONAL
IMTA’s Chairman of the Board Brenda Dittmer, Vice President of Weinrich Truck Line
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W hat motivates you to come to work every day?
I would say the number of people/families that rely on us every day. Whether it’s our own employees who need the paycheck every week or our customers who rely on us to deliver their products, there are a lot of folks depending on us to do our job each and every day. The other motivation for me on a more personal side is to not let my dad down. He left us his legacy to carry on and I don’t want to disappoint him.
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W hat are you looking forward to the most as the Chairman of the Board for IMTA?
The times I get to meet with other members. There are so many members who I admire and respect, and MANY who I have yet to meet.
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How do you believe the trucking industry will fare under the Biden Administration?
I believe all businesses will have some difficulties under this Administration. If the tax rates increase as proposed, it will be a hardship on all companies. If we cannot find a way to encourage the people to get back to work, every industry will have a shortage of employees which is evident right now as we are facing the BRENDA DITTMER circus in the current supply IMTA’s Chairman of the Board chain situation. The additional rules and regulations placed on our industry, such as increased EPA standards or the vaccine mandates and the ensuing paperwork that will be required, will add another burden for all of us. However, if the economy comes back to life and we get the workers we need to correct the current environment, trucking should fare well.
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I n your opinion, what are the biggest barriers to profitability for a trucking company today and how is IMTA going to help its members deal with those barriers?
The increasing insurance costs, both truck insurance and health insurance. Hopefully, the Lawsuit Abuse legislation that IMTA is continuing to push will help stabilize the truck insurance situation. As for the health insurance, I’m not sure. I would say IMTA helps by continuing to give us a voice with those that do have the means to correct. Whether we will ever get through to them is unknown, but we have to keep fighting.
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hat is the most misunderstood element W of IMTA and its operation in Des Moines?
I think the two most misunderstood aspects are 1) It’s too expensive or not worth the money; or 2) It’s only for the big carriers. Both of those are significantly incorrect, and I would love to spend my year discrediting those myths. When comparing the cost of membership with the resources available to you, it is more than reasonable. As for the big vs small argument, obviously, I would disagree with that as well. As a small carrier, I don’t have the budget to have staff available to handle all the odd/unusual questions/problems that arise, but I do have the IMTA staff who all are well versed in these issues and are there to help. Also, there have been a number of times that being a member of IMTA has given me the opportunity to voice our concerns directly with our legislative leaders. This is an immense opportunity with immeasurable value regardless of what size of carrier you are.
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A re there some specific priorities that you are going to focus on as the Chairman of the Board?
I would say my top priority is to help push the lawsuit abuse legislation across the goal line. Aside from that finding ways to increase our membership and to ensure that we are offering many opportunities for all the members to participate.
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ou have served in a leadership role for Y the last several years as you prepared for this top spot; however, what else has prepared you to serve as the highestranking volunteer leader for IMTA?
Years of watching and listening to all the great leaders we have had over the past years. I’ve been fortunate over the last 20+ years to be able to attend many IMTA meetings and events and there have been some amazing leaders over the course of that time.
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IOWA TRUCKING LIFELINER
UP CLOSE & PERSONAL
Brenda’s family all gathered to celebrate her becoming the IMTA Chairman of the Board, including her adorable two grandchildren Emerson and Bennett. L to R: Katie, Marcus, Brenda, Barry, Shelby, Stephanie, Adam.
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ou are one of only a handful of IMTA Chairman Y that are second generation – your father also served as the Chairman – how does that play into this whole chairman scenario?
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W hat are your guiding principles as the Vice President of your company and how will you rely upon those not only while leading IMTA members but also your own staff?
It makes me proud that our family has participated at this level for so many years, and that we understand the value of not only being a member, but being an engaged member. I am extremely grateful that my dad instilled in me the “get in the game” approach, and then gave me the tools needed to step up.
Treat your employees with respect and show them your appreciation EVERY DAY! And….listen! Sometimes we get so wrapped up in “this is how we do it” that we don’t listen when someone shares a new idea that might be much more effective and efficient. These principles will also be valuable while in the leadership role at IMTA.
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W hat is your prediction regarding the economy and the trucking industry over the next year?
I am hopeful that the economy will do well over the next 12 months as so many are still continuing to build back up after the pandemic. HOWEVER, much of that will be determined on the ability to keep a solid and reliable work force so we can build up inventories again and correct the damage done to the nation’s supply chain movements.
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I f you could have a conversation with someone either dead or alive, who would it be and why?
It would absolutely be my dad, Bill! For starters, I would ask him WHY he insisted on flying that day. But I would also want to tell him all the things I didn’t get to say before. I was pretty young then and I’m not sure I ever really thanked him for all he did for us, for all he taught us and for all his love he gave so freely to us. That would be a conversation I would LOVE to have!
How do you stay on the “pulse” of the industry and get a good understanding and appreciation of what the “real people” in trucking are going through on a daily basis?
I would say we stay very informed as to what is happening in the industry through our correspondence with IMTA, ATA and TCA. But if you want to get the perspective from the “real people”, talk to the drivers! We have a very “open door” policy here at Weinrich and we have great conversations with our drivers each time they are thru the terminal. We talk about issues they have out on the road, but we also talk with them about their family or a hobby we know they enjoy. It’s our way of staying connected and showing them that we care about them as a person.
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W hat motivates you to be so involved with the Iowa Motor Truck Association?
I’m not really sure it is so much “motivation” as it is “that’s the way we were raised.” We were taught: if you believe in something and want to make it the best it can be, then you get involved and do what you can to help. I love this industry and the people in it and I want to do all I can to help make it as good as it can possibly be.
ISSUE 4, 2021
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MEMBERS IN THE NEWS MHC Safety Team Nationally Recognized for Excellence
Ruan Welcomes U.S. Senators Ernst and Rubio for Visit
Murphy-Hoffman Company (MHC) won the Safety Excellence award from the National Safety Council’s Green Cross for Safety program. MHC was recognized for its highly effective vehicle safety program, which was developed in 2012 to train employees on the importance of defensive driving skills.
In his first trip to Iowa since he ran for president in 2016, U.S. Senator Marco Rubio said he’s focused on helping the friends he made in the first-in-the-nation caucus state while gearing up for his own reelection bid in the state of Florida. One of the visits he had during his trip was with Senator Ernst to the Ruan’s operating center in Ankeny. The Senator discussed Ruan’s strategies for creating news jobs and supporting economic grown in the community.
The National Safety Council Green Cross for Safety awards recognize a variety of outstanding projects and organizations working to support the mission to save lives and prevent injuries. Companies that win in the Safety Excellence category have a proven track record for boosting driver safety. This is the first time MHC has earned this prestigious designation. The program’s champion, Corporate Safety Manager Clint Brocato, accepted the award on behalf of MHC. “This national recognition is a testament to our employees’ commitment to safety every time they get behind the wheel,” MHC CEO Mike Murphy said. “Some of our drivers average over 50,000 miles in an MHC vehicle annually. Our Safety department has done an outstanding job of supporting MHC’s mission to provide employees with a responsive, safe and superior working environment. They have aided us in decreasing collisions while increasing driver awareness.”
Senator Ernst has always been a strong advocate for the trucking industry in Iowa.
Senator Joni Ernst, Senator Marco Rubio, Ruan CEO Ben McLean
Tucker Freight Lines Driver Awarded Highest Driver Honor from TCA The Truckload Carriers Association announced owner-operator Bryan Smith of Tucker Freight Lines as the winner of the OwnerOperator of the Year competition. Smith has been driving in some form or fashion for Tucker Freight Lines (formerly Art Pape Transfer) for nearly 28 of his 30 years in trucking. He got his first trucking job with Schneider when he left the United States Marine Corps in 1991, then joined Art Pape in 1993. Throughout his nearly 30-year trucking career, Smith has amassed more than 3 million safe driving miles, a milestone that he surpassed in 2019. He’s done so pulling a step-deck/RGN, hauling a variety of freight including, machinery, steel, stone, brick and lumber.
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IOWA TRUCKING LIFELINER
Cummins Sales VP Amy Boerger, TCA Driver of the Year Bryan Smith, Tucker Freight Lines’ A.J. Tucker, and Randall-Reilly’s Chip Magner.
MEMBERS IN THE NEWS
Introducing IMTA’s New Elected Leadership for 2022
CHAIRMAN OF THE BOARD BRENDA DITTMER VICE PRESIDENT WEINRICH TRUCK LINE (HINTON, IOWA)
FIRST VICE CHAIRMAN ADRIAN DICKEY PRESIDENT DICKEY TRANSPORT (PACKWOOD, IOWA)
SECOND VICE CHAIRMAN SCOTT SZYMANEK PRESIDENT & CFO ELDON C. STUTSMAN INC. (HILLS, IOWA)
VICE CHAIRMAN HUGH EKBERG PRESIDENT & CEO CRST THE TRANSPORTATION SOLUTION (CEDAR RAPIDS, IOWA)
TREASURER STEVE SCHUSTER PRESIDENT SCHUSTER CO. (LE MARS, IOWA)
SECRETARY JOHN SMITH CHAIRMAN OF THE BOARD CRST THE TRANSPORTATION SOLUTION ADMIRALTY HOLDINGS, INC. (CEDAR RAPIDS, IOWA)
We look forward to working with the newly elected IMTA Officers and the full IMTA Board to continue to make progress on many important trucking priorities in 2022.
EPA Recognizes Iowa Logistics and Freight Companies as SmartWay Partners The U.S. Environmental Protection Agency is honoring five Iowa truck carriers, logistics providers and freight shippers as industry leaders in supply chain, environmental and energy efficiency with its annual SmartWay Excellence Awards. The Iowa awardees are CRST Dedicated Services Inc., Cedar Rapids; CRST Expedited Inc., Cedar Rapids; Decker Truck Line, Fort Dodge; Heartland Express Inc. of Iowa, North Liberty; and Ruan Transportation Management Systems Inc., Des Moines. The awardees represent the top-performing, environmentally responsible SmartWay Partners that move more goods, with lower emissions and less energy. “Freight partners have a direct impact on all our region’s communities as they provide an essential service to our citizens,” said Acting EPA Region 7 Administrator Edward Chu. “We commend them for their voluntary environmental vigilance and invite other companies to join them in helping tackle the climate crisis.”
Want to get noticed in the Lifeliner magazine? Email Janelle Stevens at janelle@iowamotortruck.com with your company’s special announcements, recognitions, and press releases.
ISSUE 4, 2021
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IOWA UPDATE Iowa Legislators Approve New District Map On October 28, The Iowa Legislature approved a new set of political boundaries ending their work on the state’s redistricting process. The plan is the second proposal released under Iowa’s redistricting process. It establishes an electoral framework that will govern the next decade of Iowa politics. The Legislative Services Agency, a nonpartisan group develops the map based on census information. Legislators did not accept the first plan that was offered up. “After review of the second redistricting plan, I believe it corrects the failures of Plan One to redistrict the state in a compact manner with minimal differences in population,” Senate Majority Leader Jack Whitver, R-Ankeny, said in a statement. “Despite years of fearmongering about gerrymandering and claims the first map could not be improved, the Iowa Senate followed the process outlined in Iowa Code, and a more compact map with better population differences has been approved.”
R-Le Mars, and Jon Jacobsen, R-Council Bluffs, opposed it. Gov. Kim Reynolds must sign the new political boundaries into law. “Today’s decision by the Iowa Legislature to approve the second draft of the legislative and congressional redistricting maps is very encouraging,” Reynolds said in a statement. “I am confident in how the process played out — just as the law intended, and I believe these new districts will fairly and accurately represent the citizens of Iowa for the next decade.”
Though the first version of the maps would have dramatically reshuffled of the state’s political boundaries, the second version that was ultimately approved by lawmakers is described as an extension of current political dynamics. Iowa’s largest population centers will remain divided across the four congressional districts, as they are now, and voter registration totals will remain roughly identical to those of the current districts. The Senate was first to act, approving the plan by a vote of 48-1. Sen. Ken Rozenboom, R-Oskaloosa, was the only senator to oppose it. The House followed, voting 93-2 to approve the plan. Reps. Tom Jeneary,
New Maps Shake up Iowa’s 3rd District The biggest shakeup will occur in the 3rd Congressional District, which will include U.S. Rep. Mariannette Miller-Meeks’ home county of Wapello. The Republican congresswoman must now decide whether to remain in Wapello County and compete in the 3rd District or move. The newly redrawn 3rd District includes 10 of the 24 counties she previously represented, while the new 1st District includes 15 of those former counties. In a statement issued just after the maps were released, Miller-Meeks indicated she would seek reelection in some capacity in 2022. REP. MARIANNETTE MILLER-MEEKS
“I will be eager to get to know the people, businesses, communities in my newly drawn district when the process is finalized,” she said. U.S. Rep. Cindy Axne, Iowa’s lone Democrat in Congress, currently resides in Polk County and has represented the 3rd District since 2018. She has not yet said whether she intends to seek reelection to her congressional seat or run for governor. The 3rd District is among the top-targeted races in the country as Republicans seek to take back control of the U.S. House of Representatives. Former Republican President Donald Trump narrowly won the district in 2020, and groups like the National Republican Campaign Committee have already been advertising against Axne.
REP. CINDY AXNE
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IOWA TRUCKING LIFELINER
IOWA UPDATE
$66,875 RAISED
DURING ANNUAL FOUNDATION FUNDRAISERS It was back to normal --- in person --- for this year’s two biggest Foundation fundraisers, the live auction and the LEAD Council’s silent auction. IMTA members showed their appreciation of being back in-person by showing their financial support during both fundraiser activities. The live auction, held during the welcome reception at Smash Park, raised $55,800 when attendees blindly bid on twelve prize packages. A surprise Hawkeye football package donated by Mike Gerdin, Heartland Express, not only created a competitive bidding war but also brought in the highest donation amount of the night. “While the virtual auction served its purpose last year, you can tell people were ready to have the auction back where it belongs, in person. The excitement was evident, the crowd was entertained, the auctioneer was top notch, and thanks to all those factors the Foundation was able to raise a tremendous amount,” said Foundation Board Member Steve Schuster, Schuster Co.
Live auction winners proudly displaying the prize certificates of the gifts they won during the blind auction.
The following day, the LEAD Council’s silent auction raised an additional $11,075 with attendees bidding on nineteen donated packages from IMTA members.
Thank you to the 2021 Auction Winners • Melinda Anderson, Ennis Corp. • Stu Betsworth, Cornhusker International Trucks • Jamie Cord, JT Logistics • Eric Crall, Panama Transfer, Inc. • Mark Crall, Panama Transfer, Inc. • Adrian Dickey, Dickey Transport • Brenda Dittmer, Weinrich Truck Line, inc. • Dave Duwe, Thompson Truck & Trailer • John Gile, Truck Country • Blake Grolmus, Ruan Transportation • Dean Kloewer, Panama Transfer, Inc. • Tony Maahs, Craftsmen Trailer, LLC • Don McGlaughlin, Heartland Express • Tammy O’Tool, Decker Truck Line, Inc. • Shane Peterson, Truck Center Companies • David Riggan, TanTara Transportation Corp. • Bill Roth, Truck Country • Steve Schuster, Schuster Co. • Bobby Seivert, Panama Transfer, Inc. • Scott Szymanek, Eldon C. Stutsman, Inc. • Rory Triplett, Relion Insurance Solutions • Dan Van Alstine, Ruan Transportation • Arlan Van Wyk, Van Wyk, Inc. • Don Vogt, West Side Transport, Inc. • Jeff Wangness, JMT Trucking Company
Steve Schuster (Schuster Co.) shows his excitement for winning the Solo Stove package.
Thank you to the companies who donated to the silent auction: • Cottingham & Butler • Decker Truck Line, Inc. • Ennis Corp. • Gatr Truck Center • Green Products Company • Hanifen Towing • Hy-Vee, Inc. • Iowa Motor Carriers Foundation • Iowa Motor Truck Association
• JT Logistics • Perishable Distributors of Iowa • Ruan Transportation • Schuster Co. • Solar Transport • Sukup Manufacturing Co. • Thompson Truck & Trailer • Truck Country • West Side Transport, Inc.
ISSUE 4, 2021
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INDUSTRY NEWS Biden Vaccine Mandate Hiccups On November 4, OSHA released the COVID Mandate rule requiring businesses with over 100 employees or more to ensure that their workers are fully vaccinated or undergo weekly COVID tests. The businesses that don’t comply would face thousands of dollars in fines. Unfortunately, there were no exemptions for the trucking industry. The American Trucking Associations along with many other organizations including IMTA had urged the administration to adopt the Canadian model which exempted truck drivers. In the efforts to get an exemption for the trucking industry, we highlighted the negative impact this mandate would have on an already constrained supply chain. Lawsuits were filed around the country. The American Trucking Associations and several other national organizations as well as the Texas, Mississippi and Louisiana Trucking associations filed a lawsuit in the Fifth Circuit.
27 STATES INCLUDING IA
HAVE FILED SUITS IN FEDERAL COURT
ARGUING
THAT THE MANDATE WAS
UNCONSTITUTIONAL
The Fifth Circuit immediately granted a temporary stay on the mandate of the federal mandate on November 6, one day after the rule was announced. The same federal appeals court reaffirmed its decision on November 12 to enact a stay on the workplace vaccination mandate. In its reaffirmation on November 12 the court said the mandate “exposes petitioners to severe financial risk and threatens to decimate their workforces and business prospects.” The court went on to criticize the requirement as being too broad and makes hardly any attempt to account for differences in workplaces.
In all there were 27 states, including Iowa as well as many business and religious groups that filed suits in federal court arguing that the mandate was unconstitutional. President Biden and many other federal officials argue the mandate is necessary to end the COVID-19 pandemic and fully reopen the economy. As expected the Biden administration asked the court to lift the pause warning that delaying the implementation “would likely cost dozens or even hundreds of lives per day” as the virus spreads. White House officials have repeatedly said that Covid clearly poses a grave danger to workers, pointing to the staggering death toll from the virus and the high levels of transmission in counties across the U.S. The White House has told businesses to press ahead with implementing the requirements even as the legal drama plays out in the courts. Companies with 100 or more employees have until January 4, 2022, to ensure their staff has received the shots required for full
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IOWA TRUCKING LIFELINER
DEC. 5th JAN. 4th Unvaccinated employees must start wearing masks indoors at the workplace
to ensure their staff has received the shots required for full vaccination
vaccination. After that date, unvaccinated employees must submit negative Covid tests weekly to enter the workplace. Unvaccinated employees must start wearing masks indoors at the workplace starting December 5, 2021. The cases will be consolidated in a single court through a random selection among the jurisdictions where lawsuits have been filed. The Justice Department said that the random selection could take place as soon as the week of November 15. At the printing of this magazine, it had not taken place. Most everyone in the legal community believes that the case will ultimately end up in the U.S. Supreme Court where there is a conservative majority.
INDUSTRY NEWS Infrastructure Bill Passes, What Does that Mean for Trucking? After weeks of contentious debate, delays and sparring between moderate and progressive Democrats, a $1.2 trillion infrastructure package passed with a vote of 228 to 206, including the votes of some Republicans. The US Senate had passed the measure three months earlier. The Infrastructure Investment and Jobs Act fulfilled one of President Biden’s core campaign promises. President Biden continues to promote the infrastructure bill as a big boost to the economy for years.
What it means to trucking? The major components of the Infrastructure Investment and Jobs Act include $550 billion of new funding for transportation projects. Within that overall figure, $110 billion is earmarked for fixing and building roads, bridges, and other major highway projects. Another $66 billion is dedicated to freight and passenger rail projects and $39 billion for improving public transit. The bill will kick in $65 billion to build out the country’s broadband infrastructure, with the goal being to help provide access to highspeed internet for every American. While one in four households are expected to be eligible for a $30 monthly subsidy to help pay for internet access, the buildout will also benefit businesses that have been operating in “no cell zones,” including trucks on the road. Also of interest to trucking is funding that will be poured into improving the nation’s outdated electric grid — sorely needed to support electric vehicle adoption and improving broadband access, especially to rural areas. The bill contains $65 billion to upgrade the rapidly aging electric grid. Those funds will go to installing thousands of miles of new transmission lines as well as to support “green” smart-grid technology. The bill’s electric push also extends to investing $7.5 billion up for the nation’s first network of electric-vehicle chargers installed along highway corridors. Another $5 billion will go to subsidize the purchase of certain zero-emission vehicles, including thousands of electric school buses. It is predicted that this investment will accelerate electric vehicle technology for medium-duty commercial trucks. The measure will also inject $11 billion into transportation safety programs, including a new program aimed at helping states and
localities reduce crashes and fatalities, especially of cyclists and pedestrians. Another important part of the bill is the adoption of an apprenticeship pilot program for commercial driver’s license holders under the age of 21 to operate in interstate commerce. It calls for specific probationary periods; and for apprentices to be accompanied in the passenger seat by an experienced driver. In addition, the trucks driven by these apprentices are to be equipped with an active braking collision mitigation system, automated or automatic transmission, forwardfacing video event capture system, and a governed speed of 65 mph.
“ROADS AND BRIDGES ARE NOT POLITICAL — WE ALL DRIVE ON THEM,” SAID CHRIS SPEAR, ATA PRESIDENT & CEO. “A MAJORITY IN THE HOUSE DID WHAT’S RIGHT FOR THE COUNTRY, NOT THEMSELVES.” The bill also directs the Department of Transportation to study and potentially mandate automatic emergency braking on new commercial motor vehicles and calls for strengthening rear trailer underride guard standards, funding for more research on side underride guards, as well as establishing an Advisory Committee on Underride Protection. Omitted from the bill was language to increase minimum insurance levels and also language that would have changed the current independent contractor description. Both the American Trucking Associations and the Truckload Carriers Association praised the bill stating that roads and bridges are important to the trucking industry. “Roads and bridges are not political — we all drive on them,” said Chris Spear, ATA President & CEO. “A majority in the House did what’s right for the country, not themselves.” He said the “lawmakers who put their constituents before themselves to help seal this achievement have cemented a lasting legacy that the American people will now see, feel, and use for many decades to come.
$110 $66 $39 $65 $65 $11
BILLION BILLION BILLION BILLION BILLION BILLION freight and for improving build out the upgrade the transportation
fixing and building roads, bridges, and other major highway projects
passenger rail projects
public transit
country’s broadband infrastructure
rapidly aging electric grid
safety programs
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INDUSTRY NEWS Congress and the White House Focusing on Supply Chain Problems As Congressional leaders work to firm up votes on infrastructure and the content of the tax-and-spending package, problems with supply chains and U.S. port congestion has seized the attention of national media as well as politicians at all levels of government. With dozens of container ships backed up off U.S. coasts awaiting opportunity to offload cargo for the holiday season, every supply chain actor and regulator is looking for solutions to move cargo from the docks to inland points of distribution and to return equipment so that additional incoming containers can be processed by the ports. President Biden and executive agencies are examining actions that can be taken by the federal government to intervene in supply chains that are primarily driven by private-sector contracts. Governors are issuing executive orders directing state resources to ports. Legislators are planning hearings and introducing a broad variety of legislation related to the immediate issue of moving containers from ports as well as longer-term changes to the regulatory framework meant to incentivize the efficient movement of cargo. Some solutions to the current crisis that are under discussion have the potential to undermine existing safety policy or put in place unsustainable commercial practices that create an unfair playing field for trucking and its customers. Trucking must have a voice at the table to ensure that solutions to the current crisis address the long-term challenges facing our members: improving our decaying infrastructure, meeting the need for a well-trained and safe workforce, and ensuring that government does not arbitrarily pick winners and losers in its actions.
Highway Programs Extended On October 28, Congress and the White House moved quickly to pass another short-term extension for federal highway programs for which authorizations were set to expire on October 31. While the Infrastructure Investment and Jobs Act (IIJA) would provide a full five-year extension of those programs in addition to major new investments in roads, bridges, and safety programs, the debate over partisan tax and spending legislation made a short-term extension necessary.
12/03 DEADLINE FOR
RENEWAL 14
With the current extension, both the highway program authorization and federal funding are now tied to a December 3 deadline for renewal. The Department of Transportation notified Congress that the Highway Trust Fund has sufficient funding to carry all programs through that deadline. When the House of Representatives passes the IIJA, the authorizations will stand for five years, and Highway Trust Fund solvency will be ensured. The Congressional appropriations process would then remain as the lone outstanding legislation needed to ensure full operation of federal agencies.
IOWA TRUCKING LIFELINER
INDUSTRY NEWS Entry Level Driver Training (ELDT) – Are You Ready? After February 7, 2022, first time Class A or B CDL holders, Class B CDL holders wanting to upgrade to a Class A, or CDL holders wishing to obtain endorsements of hazardous materials (H), passenger (P), or school bus (S) for the first time, will be met with new minimum training requirements. First time Class A or B CDL holders must demonstrate proficiency in two areas: theory training and behind the wheel (BTW) training. All training requirements for new CDL holders and new (H), (P) and (S) endorsements can be found in 49 CFR Part 380 Appendices A-E. This training must be received from a provider in FMCSA’s Training Provider Registry. FMCSA’s Training Provider Registry will be comprised of various carriers, driving schools, third party trainers, and other educational providers that meet Federal and State requirements and have selfcertified in the registry. While there are many elements to the ELDT requirements (we recommend all members review the requirements), over the last several weeks we have continued to get member feedback including some concerns and misconceptions that have emerged. Below are some of the most common questions we have heard along with answers that we hope will provide some clarity.
Is there a certain number of hours you must have to complete the ELDT requirements? No, a common misconception we’ve heard is implying there is a certain number of training hours that must take place to meet the ELDT requirements. FMCSA has not set a minimum number of instruction hours, instead they have indicated specific topics that must be trained and covered. Those specific topics are…..
Does this mean we’ll have to outsource our Hazardous Materials endorsement training? Not necessarily. While the ELDT requirements may seem overwhelming, most carriers are already performing the required training, they just may need to package or title things a bit differently, self-certify in the Training Provider Registry, and enter their drivers in the Registry post-training. Figure 1 shows what theory training is required to fill the ELDT requirement for the Hazmat endorsement.
Does applying for a tanker endorsement involve ELDT requirements? No. The only endorsements that require ELDT requirements are drivers applying for hazardous materials (H), passenger (P), or school bus (S) endorsements for the first time.
We’re not interested in doing the training ourselves. How do I find out who in the area is on the registry and can perform training? FMCSA indicated that by the Fall of 2021, a list of training providers will be available for public search. As of yet, that has not happened, but FMCSA remains confident that this list will be available very soon. The IMTA staff will keep members informed as to when this happens. As with all regulatory changes, please feel free to contact the IMTA office at (515) 244-5193 with any questions you may have.
Is FMCSA going to provide training materials? No, while FMCSA does not intend to provide written or electronic training materials, training requirements for both theory training and behind the wheel training can be found in 49 CFR Part 380 Appendices A – E.
Our drivers come in with many years of experience, does the rule affect me? It depends. The name Entry-Level Driver Training can be a bit deceiving because the ruling is not just for first-time drivers. An example of how it could affect you would be if your operation hauls hazardous materials, and you require a new driver to obtain an (H) endorsement for the first time. Even if your driver has been a Class A CDL holder for years, the driver will still need to go through 49 CFR Part 380 Appendix E if they have never held an (H) endorsement.
49 CFR 380 Appendix E – Hazardous Materials Theory Training E1. 1
Basic Introductory HM Requirements
E1. 2
Operational HM Requirements
E1. 3
Reporting HM Crashes and Releases
E1. 4
Tunnels and Railroad (RR) – Highway Grade Crossing Requirements
E1. 5
Loading and Unloading HM
E1. 6
HM on Passenger Vehicles
E1. 7
Bulk Packages
E1. 8
Operating Emergency Equipment
E1. 9
Emergency Response Procedures
E1. 10
Engine (Fueling)
E1. 11
Tire Check
E1. 12
Routes and Route Planning
E1. 13
Hazardous Materials Safety Permits (HMSP)
ISSUE 4, 2021
15
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SECRET FUND
FOR PLAINTIFF ATTORNEY
IS ON THE RISE By Eric Miller, Senior Reporter for Transport Topics
A controversial practice of financial firms funding litigation for attorneys who sue trucking companies is putting defense attorneys at a disadvantage — and is on the rise. The practice involves providing loans — predominantly to plaintiff attorneys — and, in some instances, directly paying doctors up front for treatment of individuals injured in accidents, according to insurance experts and defense attorneys who monitor litigation finance. Most of the loans are provided by financial firms seeking profit and are mostly made in secret. The greatest concern for opponents of such litigation financing is the reality that outside financial backers can effectively take control of a case, driving up jury verdicts and settlements in trucking accident litigation.
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IOWA TRUCKING LIFELINER
DING
YS
ISSUE 4, 2021
19
“Allowing investors to turn the civil justice system into a profit-
Page Faulk, senior vice president for the U.S. Chamber Institute for Legal Reform, said litigation funding has the potential to “turn the courthouse into a casino.”
centered commodities market is
Richard Pianka, deputy general counsel for American Trucking Associations, agrees.
egregious,” the 1,000-member American Property Casualty Insurance Association said in a recent statement. “Third-party litigation financing is surging, with more than $13 billion of capital invested in the U.S. This should concern everyone, particularly where that financing occurs away from public view and oversight, designed with rate of return in mind rather than justice and fairness.”
“You show up. You have no personal stake in the case. It’s just you’re putting some money down on black and hoping the ball lands on black,” Pianka said, comparing the practice to a game of roulette. “What we see increasingly is that plaintiffs are unwilling to take a reasonable settlement offer because the funding arrangement doesn’t allow them to meet their obligations to their financing company,” Pianka said. “We don’t think that personal injury trials ought to be profit-making vehicles. Now, suddenly a truck accident looks like a good investment opportunity. It’s a perversion of the justice system, plain and simple.” “The only way to know whether a particular litigation funding arrangement is violating core legal and ethical precepts or impeding settlement is to make the practice more transparent,” Faulk said. The Chamber Institute said loans typically come with sky-high interest rates and fees — as much as 200% — that can leave plaintiffs with little to no recovery while fueling questionable litigation driven by lenders looking to cash in. Federal courts in some states already require that opposing parties in a lawsuit be informed of such outside funding agreements. Not only would that allow defense attorneys to know what they’re up against, it also could likely permit them to question the outside funders during the legal discovery process. Despite efforts by third-party funders to keep their investments secret, in some states there have been disclosure requirements. In June, such a transparency requirement became policy for all federal district courts in New Jersey. The policy will require any litigation funder in a civil lawsuit to disclose their identity and give a brief description of their interest in the case.
Page Faulk
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IOWA TRUCKING LIFELINER
An estimated 25 of 94 federal district courts in the U.S. require some sort of disclosure of the identity of litigation funders in a civil case, said Maya Steinitz, a law professor at the University of Iowa College of Law, in a recent law journal article. In the case of federal appellate courts, six U.S. circuit courts of appeal have local MAYA STEINITZ rules requiring expanded disclosure of litigation funders, according to Steinitz. Since 2017, the Chamber Institute and the APCIA have been among a wide-ranging coalition pressuring the Committee on Rules of Practice and Procedure of the Administrative Office of the United States Courts to amend the Federal Rules of Civil Procedure to require disclosure of third-party litigation funding arrangements in any civil action filed in federal court. In their most recent letter to the committee, in 2019, the coalition addressed what it called 10 unfounded assertions that the third-party litigation funding industry has offered in opposition to the group’s disclosure effort. The alleged “unfounded assertions” ranged from notions that a disclosure requirement would unfairly single out litigation funders and “let others off the hook,” to suggestions that funders
“do not control or influence the litigation matters they fund.” In a 2018 study, the Congressional Research Service noted that opponents of litigation funding have said the money “undesirably increases the volume and length of litigation by incentivizing litigants to initiate and prolong lawsuits even where doing so would otherwise not be economically rational.” The report added that, according to critics, the prolonged litigation engendered by litigation funding hurts defendants, who are forced to divert additional time and money from productive activity to defending litigation. Critics of litigation funding also argue that, because the third-party funder holds the purse strings to the litigation, the funder may exert control over a party’s litigation strategy in ways that are not in a plaintiff’s best interests. “Critics similarly assert that when funders are fronting the fees for the claimants’ lawyers, those lawyers will be motivated to place the funder’s interests ahead of those of their clients,” the CRS report said. “Proponents of litigation funding, by contrast, maintain that litigation funding arrangements do not pose any greater risk of ethical conflicts than other capital arrangements that critics of litigation funding find unobjectionable, such as when banks hold security interests in law firms’ fee receivables.”
ISSUE 4, 2021
21
“There are some very prominent examples of incredible interest rates on loans,” said James Whittle, APCIA vice president and counsel. “There’s a variety of regulatory and disclosure obligations that we think are perfectly reasonable and that legitimate financiers shouldn’t want to object to,” he said. Whittle added that his group considers the trucking industry one of its allies. An August 2020 report by the American Bar Association’s House of Delegates titled “Best Practices for Third-Party Litigation Funding” noted that the financing practices are largely unregulated by statute in most states. “Accordingly, litigation funding companies with a national presence must navigate a shifting mosaic of common law, regulator guidance and bar association opinions in order to operate,” the report said. “Amidst this legal uncertainty, self-policing is necessary to avoid regulatory scrutiny and to dissuade legislators from enacting overly onerous statutory limitations.” So far, bills introduced in Congress to require transparency by the litigation
“
funders have not been passed. “We definitely have lobbying reporting rules for engagement with other branches of government. The same rules ought to apply to the judicial system,” said Stef Zielezienski, executive vice president and chief legal counsel of the APCIA. JAMES WHITTLE “The judicial system is designed for licensed professionals — lawyers — to engage in it,” Zielezienski added. “So, if you have an overarching financial interest or stake in the outcome of litigation by non-lawyers, that is a little troubling.”
Zach Matthews, a partner with the law firm of McMickle, Kurey & Branch LLP, of Marietta, Ga., has for years investigated medical funding schemes to pay doctors for medical treatments resulting from vehicle accidents, and which typically result in litigation.
So, if you have an overarching financial interest or stake in the outcome of litigation by non-lawyers, that is a little troubling.
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IOWA TRUCKING LIFELINER
”
Matthews said the scheme is “much more nefarious and much more sophisticated” than the standard loan to a plaintiff attorney. Here’s how he said it often works: A doctor treats a plaintiff injured in an accident — perhaps involving a truck. Instead of the doctor sending a bill to the attorney to get paid when the lawsuit is concluded, the doctor is paid up front by a financial firm specializing in medical lending. However, the doctor is paid only a percentage of what his total bill would normally be. The likely inflated total bill, which Matthews calls “a standard litany of questionable medicine,” is then introduced into the lawsuit. Rob Moseley, a trucking attorney with Greenville, S.C., Moseley Marcinak Law Group LLP, said he recently was involved in a lawsuit in which a funding firm was required to disclose it was paying a doctor. Moseley said he then sent a deposition request for the litigation funder to produce its records. “Of course, the case settled right after that,” Moseley said. “That’s the way to go at it, to make them disclose all their relationships to the doctors. It puts pressure on the plaintiffs to try to get the case resolved.”
ISSUE 4, 2021
23
IMTA PRIORITY: LAWSUIT ABUSE TACTICAL TRAINING IN LITIGATION DEFENSE
In 2019, IMTA leaders determined that initiatives to curb lawsuit abuse in the trucking industry needed to be a top priority. The insurance market was a mess due to the escalation of nuclear verdicts against trucking companies throughout the nation. IMTA identified several legislative initiatives to take this on. The objective of the legislative priorities was to restore fairness. Unfair litigation tactics had destabilized the tort system and transformed the commercial vehicle accident lawsuits into a profit center for plaintiff attorneys. In 2020, IMTA was successful in passing legislation that targeted phantom damages. In 2021, IMTA continued with a legislative package to further reform and curb lawsuit abuse. While the session ended without the successful passage of the legislative priorities, IMTA will continue to pursue legislation specific to lawsuit abuse in the upcoming 2022 legislative session. However, IMTA leaders will be complimenting the efforts at the statehouse by providing valuable tactical training in litigation defense to IMTA members through a very special program launching in January. Trial attorneys have weaponized the courts. Their target is trucking, and their tactics have a hypnotic effect on jurors. A favorite tool of the trade is for lawyers to manipulate jurors’ instinctive emotional response. They convince jurors that trucking is a danger to society. They instill fear and convince the jury that trucking is a threat to everything. This technique is popularly called the “reptile theory”. Plaintiff attorneys have honed this technique to a fine art and as a result nuclear verdicts (verdicts in excess of $10 million) are making the headlines regularly. It takes a fierce and agile creature to defend against a deadly reptile --- introducing the Mongoose Method. The Mongoose Method is a training program designed to strengthen the arsenal of defense against these unfair tactics. This is training that every individual employed in the trucking industry needs to take part in. IMTA leaders recognize the importance of legislative solutions, but they also recognize the importance of providing the
24
IOWA TRUCKING LIFELINER
members with additional tools to defend themselves in this contentious environment. IMTA is very pleased to be offering this valuable training to the membership. The first part of the training will be delivered via webinars and the second part will be an in-person event that will further strengthen our ability to play offense in these situations versus defense. This valuable training will highlight what the reptile theory approach is and give you the tools to be proactive and avoid the traps of this approach. This training will provide guidance and sharpen the skills needed to be successful in depositions and trials. It will make every attendee less vulnerable during litigation. This program will provide the common sense, strategic coaching to develop the techniques to be successful and confident in situations that could lead to litigation. Information and training are powerful. That is what the plaintiff’s bar has been doing for years. The trucking industry will now balance the scales of justice by teaching the Mongoose Method. We encourage all IMTA members to take advantage of this proactive and mission driven training. We are investing in this program because we know how important this is to every single IMTA member including our supplier members too.
The Mongoose Method Training Program Rebalancing the Scales of Justice with Tactical Training in Litigation Defense Who should attend? EVERYONE IN YOUR COMPANY Training Program, Part 1 Webinar These are identical, repeated webinars to allow for as many members as possible to participate, including multiple attendees from companies. You will need to register and attend part 1, the webinar, in order to attend part 2, the in-person seminar. If you’d like to attend just the webinar and not the in-person seminar, that is perfectly fine as well. But taking advantage of the entire series is the most effective training. Please keep in mind these webinars will not be recorded, nor will handouts be available for those unable to attend. Dates Wednesday, January 12 — 9:00 AM – 12:00 PM Wednesday, February 16 — 9:00 AM – 12:00 PM Wednesday, March 23 — 9:00 AM – 12:00 PM Agenda Overview The Problem — Nuclear Verdicts & Nuclear Settlements History & Causes Reptile Theory THE BIG EVENT Training Program, Part 2 2-Day, In-Person Seminar In order to participate in part 2, the in-person seminar, you will have to register and complete part 1, the webinar. This twoday event will be held in Des Moines, Iowa, at the IMTA Office, pending space availability.
BILL KANASKY JR., PH.D. VICE PRESIDENT COURTROOM SCIENCES, INC.
Dr. Bill Kanasky is a Vice President at Courtroom Sciences, Inc. Dr. Kanasky is recognized as a national expert, author, and speaker in the areas of advanced witness training and jury psychology. Dr. Kanasky has distinct expertise in health litigation matters, as he consults on more than 175 cases annually in the areas of defendant witness training, jury decision-making research, and jury selection strategy. Importantly, his empirically based consulting methods are specially designed to defeat plaintiff “Reptile” strategies, which have resulted in billions of dollars of damage awards across the nation. He earned his B.A. in Psychology from the University of North Carolina at Chapel Hill, and his Ph.D. in Clinical and Health Psychology from the University of Florida.
Dates Wednesday, April 27 & Thursday, April 28 9:00 AM – 4:00 PM (estimated) Agenda Overview • Part 1 Review • Defeating the Reptile • Pre-Litigation Phase — crisis planning, communication response, witness training • Discovery Phase — post-incident meetings/assessments • Pre-Deposition Training • Reverse Reptile Approach • Trial Tactics IMTA will inform members once the information becomes available on how to register for this program. All information will be posted on the IMTA website at iowamotortruck.com, including pricing structure, how to register, room block accommodations for April, etc.
ISSUE 4, 3, 2021
25
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ISSUE 4, 2021
27
ECONOMIC UPDATE
They are Called Growing Pains The headlines are chock full of reasons to worry, and every talking head on every broadcast seems determined to focus on the challenges we are facing and what could go wrong. Instead, we remain convinced that both the domestic and global economies are poised to produce a prolonged period of growth which creates extraordinary prosperity and raises the quality of life for billions of people. Although there will be challenges along the way, for the reasons we described in our previous column, the U.S. will remain the largest economy in the world (sorry China, you won’t catch us), our dollar will continue to be the global reserve currency, and our exports will grow faster than our imports, as inflation remains benign. How do we digest the daily news, filter all the incoming data, obtain everything we need to stay current, and come to such a different outlook than most of the media? We start by knowing that many of the ‘things we should fear’ have been created by companies selling solutions, the ‘dire circumstances’ have been detailed by organizations seeking donations, and the ‘catastrophes that only the government can protect us from’ are provided by those with a biased agenda – and that agenda does not include our best interest. All of these are being repeatedly fed to us by professional journalists. Professional journalists who claim to have ‘carefully studied’ each of these fears, each of these dire circumstances and looming catastrophes and utilizing the full force of the university educations, their degrees in English, Literature, Communications, they have reached the penetrating conclusion that “If everyone is saying it, it must be true.” Please believe, that we are not being cynical. We are simply applying a healthy
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amount of cynicism to the opinions of others until we understand the motivation for their perspective and have tested the validity of their data. Next, we admit that we know nothing, but we have a thesis on everything. As each new data point is presented, after understanding the point of view of those providing it and independently verifying it, we look how it fits, or doesn’t fit, with our thesis. If it fits, we might have the right thesis. If it doesn’t fit, we might need to adjust or even change our thesis. And, since we know nothing, our ego isn’t in the way. It’s only a thesis, and almost all theses on almost all topics must change over time. We challenge you to try this methodology when reading or listening to today’s news. Accept our uber-bullish thesis and filter each news story with the simple question, “Is this a growing pain?” For example, “The ports are congested and struggling to unload all the containers from all the ships.” Is this a dire circumstance or the beginning of a catastrophe, or is it simply the result of very strong demand? Import container volumes are currently running at levels 30% to 40% higher at every port, and are already well above any previous peak levels. This is not a sign of a contracting economy, but a reflection of multiple industry segments ordering the materials or goods they need to satisfy demand.
SO, IT’S A SUPPLY CHAIN ISSUE? AND IT COULD LAST FOREVER? The previously esoteric term ‘supply chain issues’ has become so widely used as an excuse, explanation or justification, that it has been catapulted from an obscure term that no one outside of transportation understood, to a trite term that is still
DONALD BROUGHTON
Managing Partner, Broughton Capital LLC
chain issues, in most cases builds pent-up demand and in turn expands the duration of the recovery.
THE PRICES OF MOST COMMODITIES AND RAW MATERIALS HAVE GONE UP DRAMATICALLY!
not understood by most. Nevertheless, we predict that this will be an issue, which is far more temporal in its nature and much shorter in its duration, than most expect it to be for two basic reasons. The number of talented people whose primary responsibility it is to manage the supply chain, and the capital at their disposal, has never been larger. The caliber of their intellect, the level of their education, and the capability of the sophisticated technology they already possess has been increased so profoundly over the last thirty years, that describing it as a renaissance, or a revolution is a dramatic understatement. Simply stated, the professionals who manage today’s modern supply chain have
SIMPLY STATED, THE PROFESSIONALS WHO MANAGE TODAY’S MODERN SUPPLY CHAIN HAVE THE TOOLS, THE INTELLECT AND THE RESOURCES TO SOLVE ALL OF THE CURRENT PROBLEMS. the tools, the intellect and the resources to solve all of the current problems. While we recognize that until they do, the rate of recovery will be slightly less; we contend, that the time they require to resolve supply
Is this a long-term problem or is it simply a growing pain, as markets respond to large increases in demand? Will higher prices drive suppliers to increase capacity until it satisfies and then exceeds demand, and prices begin to fall? Lumber prices are a prime example of how efficiently free markets work. After lumber prices oscillated in a range of $300 to $500 per thousand board foot for decades, the slowdown or cessation of loggers cutting down trees and sawmills cutting and kiln drying wood reduced supply. As housing starts began to sharply increase, pricing skyrocketed to over $1,500 per thousand board foot. Loggers were motivated to start cutting down as many trees as they possibly could, and sawmills began operating as many hours as possible. Supply rebounded and the price of lumber has already fallen back below $400 per thousand board foot, even though housing starts have continued to dramatically climb higher (currently at the highest levels since the collapse in 2006).
THE AUTO INDUSTRY CANNOT BUILD ENOUGH CARS TO SATISFY DEMAND BECAUSE IT CANNOT OBTAIN ENOUGH COMPUTER CHIPS. Is this a long-term problem or is it simply a growing pain? Intel has announced plans to spend $95 billion to build new production plants and expand existing ones. The rest of the semi-conductor industry has made similar announcements. We expect Intel and its competitors to build enough capacity to satisfy demand. Until they do, pent-up demand for cars, as well as many other products which utilize semi-conductors, will continue to grow. As they do expand capacity, production of autos and other products using chips will also
expand. All of which reflect an expanding economy, a growing pain which will no longer be in the headlines a year from now and a distant memory two years from now. Summary - the economy is already rebounding more vigorously than most people appreciate, and it will continue to grow faster for a longer period than anyone predicts. The drivers of demand in each segment are also offering employment alternatives to truck drivers, thwarting the ability of each mode to add capacity. The combination of sustainable demand and constrained capacity should extend the length of this period of prosperity for the entire trucking industry. Keep your seat belts fastened because this incredible ride is just getting started!
After spending over two decades as one of Wall Street’s top Analysts and one of its leading Market Strategists, Donald Broughton founded Broughton Capital in 2017. Broughton is notorious as a hard-hitting forensic accountant, using Sell ratings more often than any other analyst. He is highly regarded for translating goods flow data into economic forecasts that have proven to be highly prophetic. Additionally, Broughton is convinced that most individuals know much more about the economy than they realize and believes that economists are only boring because they are lazy or choose to be.
ISSUE 3, 2021
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ATA UPDATE Spear Urges Trucking to ‘Turn Up the Volume’ Amid Politics Uncertainty “Throughout this pandemic, truckers proved how we make a difference. There was no playbook. Yet our drivers are once again this industry’s most valuable players. You’re among an elite list of professionals that include scientists, first responders, and health care providers,” Spear said. “When many in this nation sheltered in place, you maintained composure and answered the call.” Chris went on to challenge President Biden’s latest federal vaccine mandate and called out the administration for “weaponizing public health” and further dividing an already-strained labor pool of talent. Noting the weight of supply chain challenges and disruptions, Spear pointed out that Biden’s federal COVID-19 vaccination mandates could further crack or even crumble the supply chain. “Through this pandemic, trucking has kept America safe and remains committed to consumers and the nation, delivering food, PPE, and vaccines,” Spear said. “Elected officials would be wise to take that into consideration, especially with a shortage of talent—not just in trucking, but every sector of the nation’s economy, where labor participation is at an alarming 61%. With this intent, the administration’s COVID vaccine mandate is to protect all Americans— why pick winners and losers? In other words, stop weaponizing public health by dividing our workforce. Ours is a real-world industry that is safely bringing America out of this COVID-induced world.”
OF THE
617,000
Spear also emphasized that ATA’s ability to remain aligned on key issues is critical.
FIFTY YEARS OLD
“Despite playground politics, there’s reason to be optimistic. In the wake of it all, America responded—thanking truckers in every state, congressional district, and community in the country,” he said. “Our image is what we make of it; it’s who we are and how we want to be perceived. We need to ride the crest of this wave, steering each challenge toward a favorable outcome.”
ARE STRUCTURALLY
Spear touted the importance of the infrastructure bill, noting that the passage of the bipartisan infrastructure bill in the House is also an ATA tier-one priority.
BRIDGES ACROSS THE U.S.
42 PERCENT ARE MORE THAN
AND MORE THAN
46,000 DEFICIENT
“Despite the odds, the Infrastructure Investment and Jobs Act is an example of what’s possible when we tell our story,” Spear said, calling the bill a “historic” investment not just in our roads and bridges, but in developing the industry’s future workforce. He pointed out that in the House and Senate, ATA testified 24 times over the last five years.
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ATA President & CEO Chris Spear speaking at the 2021 ATA Management Conference & Exhibition
“This bill is an investment in our economy, in our nation, and in our daily lives,” he added. Of the 617,000 bridges across the U.S., 42% are more than 50 years old and more than 46,000 of them are structurally deficient. Of the four million miles of public roadways, 43% are in poor or mediocre condition. According to ATRI, traffic congestion is more than $1.2 billion in lost productivity each year. “This bill will deliver 38% increase in funding for our roads and our bridges over the next five years. That’s $477 billion in funding, including $347.5 billion for highways and $37 billion for those decaying bridges,” Spear said. “This is historic, and the largest infusion of federal funding in our nation’s network since the creation of interstate highway systems. It gives states the certainty and ability to plan new projects over the course of several years and addresses our nation’s top bottlenecks.” The bill will invest in trucking’s future workforce, training younger talent how to responsibly operate Class 8s across state lines. The bill also establishes a Women in Trucking Advisory Board at the FMCSA and it funds a U.S. Department of Transportation advertising campaign to promote the trucking profession. But of equal importance is what was left out of the bill; harmful antitrucking measures including the Pro Act, independent contractor rule classification, a reversal of the meal and rest break victory, as well as hours-of-service reform rollbacks, and a return of the old, flawed CSA scoring program. ATA’s leader continued to call for growth and unity in the trucking industry. “Let me be clear, ATA is not, nor ever will be, the association of ‘No.’ We’re not complacent obstructionists. When confronting an issue, an opinion different from our own, we double down our effort to improve that outcome,” he said. “We don’t complain. We never quit. And our persistence and dedication to any challenge, no matter how hard, is exactly why we win.”
ATA UPDATE Harold Sumerford Jr. Elected 77th Chairman of the American Trucking Associations Harold Sumerford Jr., CEO of J&M Tank Lines Inc., Birmingham, Alabama was recently elected the association’s 77th chairman.
HAROLD SUMERFORD JR
Sumerford has been deeply involved in the trucking industry and is a past chairman of ATA Federation members the Georgia Motor Truck Association and the National Tank Truck Carriers. In addition, he and J&M have been longtime members and supporters of the American Transportation Research Institute and the Truckload Carriers Association, in addition to GMTA and NTTC.
DAN VAN ALSTINE
ANDREW BOYLE
DARREN HAWKINS
DENNIS DELLINGER
JOHN M. SMITH
JOHN A. SMITH
The Board also elected the following officers --- including two from Iowa! • First vice chairman Dan Van Alstine, president and COO of Ruan Transportation Management Systems, Des Moines, Iowa • Second vice chairman Andrew Boyle, co-president of Boyle Transportation, Billerica, Massachusetts, • Vice Chairman Darren Hawkins, CEO of YRC Worldwide Inc., Overland Park, Kansas • Vice Chairman Dennis Dellinger, president and CEO of Cargo Transporters, Hickory, North Carolina • Secretary John M. Smith, chairman of Admiralty Holdings Inc., • Treasurer John A. Smith, president and CEO of FedEx Freight.
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OFF HWY 151 · EXIT 63 · MONTICELLO, IA ISSUE 4, 2021
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IMTA PRIORITY: WORKFORCE Reaching Future Drivers – What Motivates Them? The Nebraska Trucking Association in collaboration with the American Transportation Research Institute and the University of Nebraska-Omaha launched a research effort targeted at high school-aged students. The objective of the study was to gain insight on career aspirations and gather feedback on advertisements promoting trucking careers. Dave Zelnio, Director of Operations and Communications for the Nebraska Trucking Association spearheaded the project. “I know the trucking industry has been working on the driver shortage for a long time, but I got to thinking that the younger generation may not have been covered as well as it could have. As a communicator, I am always looking at the audience first.”
DAVE ZELNIO
With that in mind, the study was launched, and the audience was specifically Generation Z or iGen, which is identified as anyone born after 1996. We all know that there are many important differences between generations with each generation having unique traits that generally describe how they will respond to many different things and a focus group was developed for individuals in the iGen category. Eighteen Nebraska high school students were chosen from a pool of 66 respondents to a represent a diverse demographic sample. To avoid bias, the students were told that they would be
ADVERTISEMENT 5
Message
ADVERTISEMENT 11
5
“I KNOW THE TRUCKING INDUSTRY HAS BEEN WORKING ON THE DRIVER SHORTAGE FOR A LONG TIME, BUT I GOT TO THINKING THAT THE YOUNGER GENERATION MAY NOT HAVE BEEN COVERED AS WELL AS IT COULD HAVE. AS A COMMUNICATOR, I AM ALWAYS LOOKING AT THE AUDIENCE FIRST.” participating in research about careers in general, not mention of trucking was made. Each participant in the focus group was given a pre-survey and none of them said that trucking or transportation was one of their desired careers. A facilitated zoom meeting was set up and the 18 students shared their thoughts and perspectives on a variety of potential advertisements for the trucking industry. The ads were what one may commonly see online or in recruiting materials for trucking companies. The responses and reactions to these ads were recorded and organized in a report that is rich in data and insight as the industry continues to tackle the driver shortage. The iGen group is very tech-savvy, community oriented and genuine. They were shown 15 different advertisements and given
Message
11
We Invest In Trucks, Talent, Trailers, Terminals and Technology
Professional Driver Over $20 million in planned driver pay increases for 2021
Professional Drivers get it. *UHDW SD\ EHQHÀWV
What are three words you think of related to trucking or truck driving? What are three words you think of related to trucking or truck driving?
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Werner.com I DriveWerner.com I 800.228.2240
When reviewing advertisement No. 11, participants seemed to relate to this quote more and did a lot of comparing with the previous advertisement (No. 10). Blue is preferred color. They appreciated the conversational tone of the quote and the message that you should find something you love to do and make it your career.
When reviewing advertisement No. 5, focus group participants, were drawn to the word benefits and pay. The word talent seemed to be positive in the way it complements those people who are professional truck drivers. Several participants commented that the artwork would be better if the lady was part of a picture versus Photoshopped. This matches other comments on other ads about the use of Photoshop to generate an image. Some participants prefer photos with no cutouts. Apparently this type of graphic is similar to an assignment they were asked to complete recently.
Message
Video of Ad 5 ADVERTISEMENT 8 Focus Group https://youtu.be/ti6hdSlgzvo
Video of Ad 11 Focus Group https://youtu.be/30sbp9caGO0
8
Videos should not be copied or distributed.
Should not be copied or distributed.
High-tech machine, modern comfort
ZHOFRPH WR P\ RIÀFH
professional truck drivers love their tech When reviewing advertisement No. 8, participants almost all were surprised at the view of the inside of a modern truck. They connected with technology. Many said this image might change people’s minds on a career. Many said this was a new, and effective, perspective.
Video of Ad 8 Focus Group https://youtu.be/skJ-UvX66uw Should not be copied or distributed.
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IOWA TRUCKING LIFELINER
IMTA PRIORITY: WORKFORCE
Gen Z and young millennials want the most from an employer and they want to work for a company that 1. Cares about the employees’ wellbeing 2. Has ethical leadership 3. Is diverse and inclusive of all people.
the opportunity to comment on the advertisements. Through this process, some very valuable insight emerged. Technology is important to the iGen. They are fascinated with technology so presenting ads that highlight the evolving technology in the industry and most importantly, the cab of a truck is appealing to this group of potential drivers and employers. Salary is not on the top of the list for these students either. According to data collected by this study, “benefitting the community and world” is the bigger factor in a career choice. Doing good things is important to this age group and creating ads and messaging that conveys the opportunity to do good resonated with the group. The focus group participants responded positively to advertisements highlighting the role of truck drivers in delivering water, toilet paper and other important products during the pandemic. These potential employees are committed to saving the earth and their connection and appreciation to nature. Ads that had beautiful scenery appealed to the focus group participants. Another important takeaway from the group was their preference for authentic and genuine messaging. This age group responded positively to images that seemed “real” and preferred iPhone video over professional videos. They even reacted adversely to an ad that had an image that had been “photo shopped”.
The focus group participants were vocal in their objection to ads that attacked other industries to boost trucking. They don’t want ads that were negative in nature. They want to see and read ads that are positive and have a “feel good” nature. The results from the Nebraska survey were in lockstep with a Gallup survey conducted in 2018. Gallup asked Gen Z and young millennials what they want the most from an employer and they want to work for a company that 1) cares about the employees’ wellbeing 2) has ethical leadership and 3) is diverse and inclusive of all people. The Nebraska Trucking Association is using this data to change the presentation they are making to middle and high school students to reflect the lessons learned from the focus group. “The students in the focus group clearly understood and appreciated the essential nature of the trucking industry and they want to make a difference in the world. We just need to tell our story to appeal to this generation,” said Dave Zelnio with the Nebraska Trucking Association. To review the full report of this valuable study https://www. nebtrucking.com/wp-content/uploads/2021/08/NTA-FocusGroup-Report.pdf
ISSUE 4, 2021
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FINAL THOUGHT
Patchwork of State Trucking Laws Stall Emergency Response, Force Natural Disaster Victims to Suffer Longer
When there is a natural disaster, the trucking industry is the first on the scene to aid with the recovery and rebuilding efforts. Unfortunately, our response is often hampered by a patchwork of state size and weight laws that stall our ability to respond and force natural disaster victims to suffer longer. Over the years, we know that water trucks responding to wildfires have been asked to dump their water before continuing to their destinations as empty vessels and power line trucks have been told to remove their essential tools before traveling through various jurisdictions. Case in point, in August 0f 2020, thousands of Iowa residents were living without power, a week after a storm packing 130 mile-per-hour winds tore through the Midwest. The inland hurricane, called a derecho by weather experts, killed 4 people, spawned 17 tornadoes, and affected 10 states, hitting Iowa the hardest.
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IOWA TRUCKING LIFELINER
More than 6 million acres of corn and soybean crops were wiped out. Half the trees in Cedar Rapids and Marion were lost. Buildings, vehicles, and grain silos were destroyed. Telephone, internet and – critically – power lines went down, leaving more than a half million Hawkeyes without power. Iowa’s MidAmerican Energy Company faced a crisis requiring more assets than it was able to deploy from its Des Moines headquarters. Its parent company, Berkshire Hathaway Energy, also owns NV Energy in my home state of Nevada. MidAmerican called on the Nevada utility to send help (fast!) – bucket trucks, wire, rope, shovels, digging bars, and more. NV Energy engaged Paul DeLong Heavy Haul of Las Vegas to move the emergency assets to Iowa. The trip is a “fifteen hundred-mile straight shot,” as DeLong described it. But the first four loads of bucket trucks got stuck in regulatory mud long before they reached their destination. The trucks were halted at the UtahWyoming border because they were almost 10,000 pounds heavier than Wyoming’s
stringent size-and-weight limits allow. The Wyoming port of entry officials said the trucks were divisible loads and would be allowed to continue – after unloading their tools. Sending the trucks without the equipment to restore the power is like sending an empty toolbox,” DeLong remarked. Ultimately Wyoming Port of Entry officials agreed to let the first four loads through but warned that future loads would be cited without a green light from the Governor or WYDOT Director. Because DeLong’s alternative I-70 route was closed due to a Colorado wildfire, subsequent trucks were routed on I-90, adding 850 miles and a day and half while Iowa’s half-million powerless residents waited. Wyoming is within its rights to implement and enforce size-and-weight laws. Typically, up to 80,000 lbs. can move on the interstate system. States may fashion their own regulations and establish a process to allow oversize and/or overweight loads to travel through. Wyoming’s Gold Book has rules for Truck Sizes, Weights and Permits. It provides for “Emergency relief permits… when the
Governor or the director (of transportation) has determined the greater vehicle weight or size will relieve an economic hardship or benefit the general welfare of the state of Wyoming or another state.” So, emergency goods sat in Wyoming’s port of entry, and groceries rotted in Iowa, while someone tracked down Governor Mark Gordon for his opinion on the humanitarian value of the shipment. Congressional action is slow, and the outcome is uncertain. Size and weight changes, even for emergencies, will be opposed by the railroads and anti-truck groups that cloak themselves under the guise of safety. Darrin Roth, Vice President of Highway Policy at the American Trucking Associations recognizes the gravity of this issue and believes the fix needs to be at the state level. Roth recommends the American Association of State Highway Transportation Officials (AASHTO) should move forward with envelope permit for trucks responding to emergencies. However, getting all 48 continental states and the District of Columbia to agree could be a Sisyphean task requiring legislative or regulatory changes, which many states will be remiss to do.
Sadly, it appears we will have to remind policy makers that very recently, the trucking industry performed valiantly to meet an emergency called Coronavirus response. In that emergency, we got cooperation from every official at every turn. It shouldn’t require a pandemic, an earthquake, a hurricane, or a wildfire to facilitate emergency response from Trucking. Let’s work together to ensure that timely help arrives for the victims of disasters. My prayer is that these problems can be overcome with common sense. That people at all levels of government employ the Golden Rule: “Do unto to others as you have them do unto you.” That they put themselves, or the people they love, in the shoes of those Americans who’ve lost not just power, but homes and livelihoods. They must let the trucks roll. Paul J. Enos, CEO The Nevada Trucking Association *Reprinted with permission from the Nevada Trucking Association
ISSUE 4, 2021
39
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EXTRA MILE
2021 Management Conference
TOGETHER: BACK WHERE WE BELONG When IMTA members departed the 2019 Management Conference no one would have expected it would take another two years for Iowa’s trucking industry to once again gather for this extremely valuable event. And while the pandemic is certainly one for the history books, missing an annual conference is one that will also have its own place in history as the 77-year streak came to an end with the cancellation of the 2020 event. However, a new streak has officially started and IMTA members took advantage of the opportunity to get back to where we all belong – together.
The two-day conference kicked off with a special treat for the avid golfers of the group, playing a round of golf at the highly respected Glen Oaks Country Club in West Des Moines. Then later that night attendees had a ‘smashing’ good time at the annual welcome reception held at Smash Park. With picture-perfect weather for an outdoor event, attendees not only had the opportunity to network, but also had the opportunity to get active with pickle ball, bags games, foosball, and more. The same evening, the annual Foundation Auction raised $55,800 for the Iowa Motor Carriers Foundation. The following day allowed for educational sessions, keynote speakers, and you guessed it, even more networking opportunities. This year the breakout sessions focused on the economy and two of IMTA’s top priorities in both 2021 and 2022, workforce and lawsuit abuse. “We cram a lot into a two-day event, but we know our schedule is what continues to set us apart and attract attendees. Let’s be honest, nobody has the time or the desire to spend several days away from the office at a convention, so we have to develop a schedule that will offer a tremendous return on their investment of time and money. And I think we did just that,” said Committee Chairman Brad Bailey, Central Trailer Service. The conference capped off with the IMTA Awards Gala where not only were we introduced to IMTA’s newest Chairman of the Board Brenda Dittmer, Weinrich Truck Line, but the “Best of the Best” were celebrated and recognized for their professionalism and dedication to the industry. IMTA awarded nearly $20,000 in cash prizes to a variety of outstanding performers in several categories -- drivers, maintenance, safety, operations, and image. Additionally, IMTA awarded, a very surprised, Gary Handley with the coveted President’s Service Award.
VIEW & DOWNLOAD PHOTOS, VIDEOS & PRESS RELEASES FROM THE 2021 IMTA MANAGEMENT CONFERENCE
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IOWA TRUCKING LIFELINER
FRONT ROW, L TO R: Bobby Seivert (Panama Transfer); Brad Bailey (Central Trailer Service); Preston Hinkle (MHC Kenworth) BACK ROW: Brad Jones (Saige Partners LLC); Nick Gerondale (BMO Transportation Finance); Tim Modlin (Thermo King Sales & Service); Mike Spalla (Kunkel & Associates)
2021 Management Conference Committee BRAD BAILEY Chairman Central Trailer Service ADAM HERMSEN Co-Chairman TrueNorth Companies JIM ANDERSON Midwest Wheel Companies NICK GERONDALE BMO Transportation Finance
PRESTON HINKLE MHC Kenworth BRAD JONES Saige Partners LLC TIM MODLIN Thermo King Sales & Service BOBBY SEIVERT Panama Transfer MIKE SPALLA Kunkel & Associates
By The Numbers » 375 overall attendees — 215 carrier attendees & 120 vendor attendees, and 40 special guests including regulators, association colleagues, special guests » 81 total companies represented — 49 trucking companies and 42 vendor companies » A special thank you to the 66 sponsors who helped financially support the conference » $20,000 in cash prizes handed out during the IMTA Awards Gala » A record 42 individuals graduated from the IMTA Leadership Class because we recognized both 2020 and 2021 classes
ISSUE 4, 2021
S3
President’s Service Award
Going Above & Beyond as an IMTA Volunteer Recognizing Gary Handley, the 2021 President’s Service Award Winner The Crowley Service Award, now known as the President’s Service Award, was established to honor and recognize individuals that went above and beyond in their involvement and engagement with the association. In the association world, these special individuals are truly the heart and soul of our efforts. They are volunteers that enable an average association to be an extraordinary association. The 2021 President’s Service Award recipient Gary Handley has dedicated his entire life to service and putting others before himself. It started when he served his country in the military and
proudly served in the United States Air Force from 1969 to 1973. He was extremely proud to serve in this manner and has continued to serve as an active and valued leader at the Greenfield Legion. Upon returning from the military, he made his way into trucking and quickly fell in love with the industry and serving his country in another way, as a professional truck driver. This new opportunity enabled him to reaffirm his love of this country by the places he saw and the people he met as a driver. He was proud of his profession, and he gave it his all. When BTI Special Commodities presented Gary with an offer to move into the safety director role he jumped on the opportunity and got involved in several important areas of the company and made a multitude of valuable contributions to the company’s ongoing success. Today, he still talks regularly to drivers and trucking colleagues that view him as a trusted and cherished friend. Throughout his entire career, Gary has looked for ways to be engaged and make a difference. His involvement with IMTA and its many different groups and committees has been immense. His ability to provide leadership with enthusiasm and passion was always prevalent and earned him industry wide respect and appreciation. He has always been a valuable and trusted advocate for the industry. For over four decades, Iowa’s trucking industry has been the recipient of his leadership, his friendship, and his passionate dedication. But the thing that really sets him apart is quite honestly who he is as a person. Gary is the kind of person that lights up a room when he enters and instantly makes you at ease with his kind yet confident demeanor. He understands the value of having a loving family and is deeply committed to being a good son, brother, husband, father, and grandfather, and would do anything in the world for his family, including his trucking family. He is an outstanding example of leadership and sets an example that we should aspire to attain. We are all better for knowing and loving Gary and the Iowa Motor Truck Association and Iowa’s trucking industry is far better because of the many contributions that Gary has made over the years.
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2021 Award Winners
In a Category of Their Own Numerous men and women in the trucking industry have made some very significant contributions not only to their individual companies but to this association and the always demanding industry. These same individuals are the talented and dedicated workers that give 100% every day to their specific area of expertise. Through this long-standing awards program the IMTA recognizes and honors these individuals for their persistence and dedication. The trucking industry wouldn’t be able to operate without the countless individuals in the trenches doing the work that most outside of the industry take for granted.
ISSUE 4, 2021
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2021 Award Winners
Dispatcher of the Year Ranae Allen, WEINRICH TRUCK LINE, INC.
Ranae has a 30-year career in the trucking industry and all with her family’s operation at Weinrich Truck Line. She brings zest and passion to the dispatch operation while overseeing 29 individuals, and ensuring operational goals are continually met. The award-winning dispatchers received a $250 cash prize to accompany a custom award recognizing this important achievement. The dispatcher of the year received a $1,000 cash prize to accompany a crystal champions cup.
Congratulations to the 2021 Dispatcher of the Year Nominees RANAE ALLEN WEINRICH TRUCK LINE, INC.
LACY FREEMAN Hy-Vee, Inc.
MICHAEL REINKING Perishable Distributors of Iowa
BEN HENRY Warren Transport, Inc.
PATRICK POLLARD Johnsrud Transport, Inc.
THERESA KOLUND Ruan Transportation
RANAE ALLEN Weinrich Truck Line, Inc.
Master Driver of the Year Dean Key, RUAN TRANSPORTATION
Dean has a 37-year driving career, with 22 of those years being accident free. When asked what trucking means to him Dean is quoted as saying “A person gives up a lot to be a driver. But you know that going into it. Would I do it all over again? Absolutely! I am proud to be part of the progress that is happening in trucking.” The award-winning master drivers received a $500 cash prize to accompany a custom award recognizing this important achievement. The master driver of the year received a $1,500 cash prize to accompany a crystal champions cup.
Congratulations to the 2021 Master Driver of the Year Nominees DEAN KEY RUAN TRANSPORTATION
JACK MILLER CRST The Transportation Solution
THOMAS MELTON Decker Truck Line, Inc.
DEAN KEY Ruan Transportation
CHAD HAZELTON Decker Truck Line, Inc.
LEO MONTIEL Nebraska Coast, Inc.
KEITH DECKER West Side Transport, Inc.
Fleet Safety Professional of the Year Dave Zerbe, KEANE THUMMEL TRUCKING
Dave has been in the trucking industry since 1998, and with Keane Thummel Trucking since 2006. Drivers describe him as always available, dependable, knowledgeable, and very hands on. Dave has a heart for the trucking industry and his knack for technology and learning new information keeps everyone within Keane Thummel up to date. The award-winning safety professional of the year received a $1,000 cash prize to accompany a crystal champions cup. DAVE ZERBE KEANE THUMMEL TRUCKING
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IOWA TRUCKING LIFELINER
Professional Driver of the Year John W. Smith, WARREN TRANSPORT, INC.
John has a 35-year driving career, with over 4-million accident-free miles to his name. When it comes to his career, John is quoted as saying “My definition of retirement is doing something you love. This means I’ve been retired for the last 35 years or my entire professional career.” The award-winning professional drivers received a $250 cash prize to accompany a custom award recognizing this important achievement. The professional driver of the year received a $1,000 cash prize to accompany a crystal champions cup.
Congratulations to the 2021 Professional Driver of the Year Nominees JOHN W SMITH WARREN TRANSPORT, INC.
ANTHONY VASQUEZ Decker Truck Line, Inc.
HAROLD MAJOR Hy-Vee Inc.
JOHN W SMITH Warren Transport, Inc.
BRADLEY TEW Don Hummer Trucking Corp
JOHN SCHOLL Ruan Transportation
RANDALL LUSCHEN Weinrich Truck Line, Inc.
LEE BLOCK Don Hummer Trucking Corp
MARVIN TROUT Ruan Transportation
LEWIS MINEHART Don Hummer Trucking Corp
LELAND HILDEBRANDT Ruan Transportation
Fleet Maintenance Professional of the Year Craig Pollitt, HY-VEE, INC.
Craig has 40 years of experience in the trucking industry, with 38 of those years being specific to maintenance. When is comes to the maintenance aspect of trucking Craig is quoted as saying “Over the years that I have been repairing diesel trucks I have learned a great deal about not giving up. Current truck technology creates challenges yet improves the bottom line and makes those challenges well worth it.” The award-winning maintenance professionals received a $250 cash prize to accompany a custom award recognizing this important achievement. The maintenance professional of the year received a $1,000 cash prize to accompany a crystal champions cup. CRAIG POLLITT HY-VEE, INC.
Congratulations to the 2021 Fleet Maintenance Professional of the Year Nominees JOE HAYES Decker Truck Line, Inc.
TYLER WHITE Hy-Vee, Inc.
CRAIG POLLITT Hy-Vee, Inc.
JASON KRUSE Hy-Vee, Inc.
RAE EVANS Hy-Vee, Inc.
JOHN ZEKA Perishable Distributors of Iowa
JAMES WHEETLEY Ruan Transportation
ISSUE 4, 2021
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2021 Award Winners
Fleet Maintenance Company of the Year Decker Truck Line, Inc. GRAND CHAMPION
Decker Truck Line, Inc. employs 108 maintenance professionals to oversee a fleet of 500 + trucks. They continually invest in improvement opportunities to better serve drivers & customers, and is a data driven department to always identify continuing opportunities in the world of maintenance. The award-winning fleets each received an award recognizing this important achievement. The operation of the year received a $1,000 cash prize to accompany a custom award and banner to proudly display.
Congratulations to the 2021 Fleet Maintenance Company of the Year Nominees DECKER TRUCK LINE, INC.
OLSON EXPLOSIVES INC.
DICKEY TRANSPORT
SCHUSTER COMPANY
SULLY TRANSPORT INC.
Great West Casualty Fleet Safety Awards Amhof Trucking, Inc. GRAND CHAMPION
Amhof Trucking, Inc. recognizes that a substantial safety program requires dedication, effective policies & procedures, continual training, & thinking “outside the box.” Their strong safety record results from a focused & committed leadership team that instills a sense of proactive self-management in their employees. Safety is their culture, and that is what differentiates them from others. Special thanks to Great West Casualty Company for sponsoring these awards. The award-winning fleets each received an award recognizing this important achievement. The fleet of the year received a $1,000 cash prize to accompany the Great West Casualty crystal truck award.
Congratulations to the 2021 Fleet Safety Company of the Year Nominees NEBRASKA COAST, INC.
DON HUMMER TRUCKING CORP
PERISHABLE DISTRIBUTORS OF IOWA
0 - 1 million miles
7 - 10 million miles
5 – 8 million miles
SCHUSTER COMPANY
SOLAR TRANSPORT COMPANY
10 – 13 million miles
2 – 5 million miles
General Commodity – Truckload
AMHOF TRUCKING, INC.
General Commodity – Truckload
1 - 2 million miles
DICKEY TRANSPORT
General Commodity – Truckload
Private Carrier
Tank Truck – Bulk
DECKER TRUCK LINE, INC.
SULLY TRANSPORT, INC.
13 – 16 million miles
5 - 10 million miles
HEYL TRUCK LINES
OLSON EXPLOSIVES
WARREN TRANSPORT, INC.
4 – 7 million miles
0 – 2 million miles
4 - 7 million miles
General Commodity – Truckload
General Commodity – Truckload
2 – 4 million miles
General Commodity – Truckload
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General Commodity - Truckload
IOWA TRUCKING LIFELINER
Private Carrier
Tank Truck – Bulk
Flatbed – Truckload
IMTA Image Award Thompson Truck & Trailer GRAND CHAMPION
Thompson Truck & Trailer recognizes that they would not be where they are today without their remarkable customers. To recognize their customers efforts, Thompson created a Customer Spotlight social media campaign during the pandemic to shine a light on the important work that their valuable customers do. Not only where these spotlights appreciated, they were engaging, making an impact on their customer relationships months later. The award-winning company received a $1,000 cash prize to accompany a custom crystal award.
ISSUE 4, 2021
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2021 Management Conference
Save the Date
2022 MANAGEMENT CONFERENCE Wednesday, September 14 & Thursday, September 15 Hyatt Regency Coralville (previously Coralville Marriott)
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IOWA TRUCKING LIFELINER
ISSUE 4, 2021
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Round of Applause
Thank you to our Sponsors PLATINUM SPONSORS MHC Kenworth Midwest Peterbilt Gorup Midwest Wheel Companies Thompson Truck & Trailer Truck Center Companies Truck Country TrueNorth Companies GOLD SPONSORS Cottingham & Butler, Inc. Great West Casualty Company Joe Morten and Son, Inc. d.b.a. Motor-Ways, Inc. Northland CDL Training Northland Products Company, Inc. Ruan Transportation SILVER SPONSORS Central Trailer Service I-State Truck Center Interstate PowerSystems McGowen Hurst Clark Smith O’Halloran International, Inc. a Trivista Company Pilot Flying J PrePass Safety Alliance Quality Services Corp. Sioux City Truck & Trailer, Inc. Trimble Transportation UPS BRONZE SPONSORS Allied Oil & Supply, Inc. Altorfer CAT Inc. Bauer Built Tire & Service BMO Transportation Finance Bridgestone Commercial Solutions GTG Peterbilt - Cedar Rapids, Waterloo & Davenport Comdata CJM Financial, Inc. Craftsmen Utility Trailer
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IOWA TRUCKING LIFELINER
Cornhusker International Trucks Cummins Sales & Service Dave Syverson Truck Centers Drivewyze Eastern Iowa Tire, Inc. Engles, Ketcham, Olson & Keith, P.C. FSSolutions GATR Truck Center Hanifen Towing Housby Iowa Council of Safety Management Jim Hawk Truck-Trailers, Inc. Katz, Sapper & Miller Kunkel & Associates, Inc. Kwik Trip / Kwik Star Lube-Tech & Partners, LLC Majestic Truck Center Mid-States Utility Trailer Sales, Inc. / Keizer Co. Northland Insurance Co. Ottsen Oil Co. RDO Truck Center Relion Insurance Solutions Renewable Energy Group Reynolds & Reynolds, Inc. RSM US LLP Saige Partners, LLC Thermo King Christensen Thermo King Sales & Service Truckers Insurance Associates US Cargo Control Wilson Trailer Company ZF Group / WABCO Ziegler CAT
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