Volume LXXVIV | Number 12 | December 2013
The Voice of the Trucking Industry in Pennsylvania
Truck Tires Continue to Evolve
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Fuel efficiency, service are top concerns
Avoiding Potential Litigation Pitfalls Associated with On-board Video Cameras Current technology may provide benefits but also presents reasons for concern
PLUS... Driving During the Winter Months A summary of the laws that affect commercial motor vehicle drivers
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Volume LXXIV | Number 12 | December 2013
DEPARTMENTS: Chairman's Message ���������������������������������������������������������� 5
The Voice of the Trucking Industry in Pennsylvania Official Monthly Publication of the PMTA 910 Linda Lane, Camp Hill, Pennsylvania 17011-6409 Telephone: 717.761.7122 | Fax: 717.761.8434 Visit our website at www.pmta.org BOARD OF DIRECTORS James Germak, Chairman of the Board Rebecca Summers, First Vice Chairman Stephanie Fleetman, Vice Chairman Matthew Campbell, Vice Chairman
TruckPAC Recognition ������������������������������������������������������ 11 Membership Reports
President’s Prize ��������������������������������������������������������� 18
Welcome New Members ��������������������������������������������� 18
PMTA Chapter Activities ���������������������������������������������������� 19 Word Search ��������������������������������������������������������������������� 20
Last month’s Answers ������������������������������������������������ 19
John Keagel, Treasurer Gladys Knox, Secretary Calvin Ewell, ATA Vice President Calvin Ewell, Immediate Past Chairman Paul Berg Charles Bernier Joseph Butzer Mark Giuffre Douglas Marcello Patrick Meehan Eric Moses Scott Pauchnik Ron Uriah PMTA HEADQUARTERS STAFF James W. Runk, President and CEO Doris Fee, Financial Consultant Wendy Palermo, Title and Registration Agent and Member Services Dean Riland, Assistant General Manager Carol Smore, Event Coordinator Kevin Stewart, Safety Director Nancy Wilkes, Communications Director PennTrux editor: Nancy Wilkes (nwilkes@pmta.org) Published by:
717.238.5751 Sarah DiCello, Publications Manager (sarah@thinkgraphtech.com) For Advertising Information: Alexis Kierce, Account Manager (alexis@thinkgraphtech.com) PMTA is an affiliate of the American Trucking Associations Annual PENNTRUX subscription rate for members of PMTA is $8.00; included in dues.
On the Cover Page 12
Truck tires can make a big difference in fuel efficiency and payload potential. Most fleet managers know it pays to do the research when shopping for truck tires.
INSIDE PENNTRUX...
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8
Avoiding Potential Litigation Pitfalls Associated with On-board Video Cameras Current technology may provide benefits but also presents reasons for concern.
14
Pitt Ohio Tests Natural Gas Transportation company is testing a natural gas-powered Mack® in its fleet.
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Critical Issues in the Trucking Industry – 2013 Pennsylvania Rankings The American Transportation Research Institute (ATRI) released the “Critical Issues in the Trucking Industry – 2013” and provided PMTA with the Pennsylvania rankings. State Top Industry Issues Report 2013
Pennsylvania 50 - State Total Responses
1 Hours-of-Service Quantify the impacts of 2013 HOS changes on industry operations, productivity and safety.
2
Advocate for increased flexibility in the current sleeper berth provision provision.
3
Research and advocate for more innovative and flexible strategies for fatigue management than prescriptive HOS rules.
2 Compliance, Safety, Accountability (CSA) 1 2 3
Push for a crash accountability determination process that removes non-preventable crashes from carrier scores. Quantify the impact of disparate state enforcement practices on carrier CSA scores and advocate for more uniform enforcement. Utilize Inspector General and Government Accountability Office findings to push FMCSA to correct flaws in the scoring system.
3 Economy 1 2 3
Ad ocate for reforming/repealing ineffecti Advocate ineffective e and b burdensome rdensome reg regulations lations that add to industry costs without providing benefits. Pressure Congress to change its pattern of short-term extensions and inaction that creates more uncertainty in the economy. Continue to advocate for policies that will stimulate the economy.
4 (Ti (Tie)) T Truck kP Parking ki 1 2 3
Support and encourage investment in new truck parking facilities and work to reopen closed public rest facilities. Educate the public sector on the safety consequences resulting from closing public parking facilities. Research the role and value of real-time truck parking information availability and truck parking reservation systems systems.
4 (Tie) Transportation Infrastructure/Congestion/Funding 1 2 3
A summary of the laws that affect commercial motor vehicle drivers.
The Practical Effects of MAP-21 President Obama recently signed into law a new-two year transportation reauthorization bill, the Moving Ahead for Progress in the 21st Century Act.
15 1
Driving During the Winter Months
Advocate for fuel tax increases to efficiently fund the surface transportation system and ensure those funds are not diverted to non-highway projects. Identify the worst truck bottlenecks as a means for targeting government infrastructure investments. Utilize the congressionally-mandated National Freight Policy and National Freight Network as tools to ensure adequate investment in critical highway infrastructure.
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Transportation Industry Insurance Specialists Over 40 YearsSpecialists of Service Transportation Industry Insurance Over 40 Years of Service Experience That Counts When You Need It OnWhen and Off the Road Experience That Counts You Need It On and Off the Road
���� ���� ���� ���� AMERICAN
Charlie Bernier › Scott Nuelle
TRUCKING
Kevin Forbes
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888-313-3226 | www.ECBM.com Charlie Bernier, President 888-313-3226 www.ECBM.com Charlie Bernier, President 888-313-3226 www.ECBM.com 526802_ECBM.indd 1 526802_ECBM.indd 4 PENNTRUX
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4/18/11 2:35:29 PM 4/18/11 2:35:29 PM
A Word From The Chairman PENNSYLVANIA MOTOR TRUCK ASSOCIATION
MISSION STATEMENT The Pennsylvania Motor Truck Association was organized to promote the common business interests of persons engaged in the motor transportation industry. It is dedicated to effectively representing the concerns of the trucking industry to members, government and regulatory agencies, and the general public. PMTA has further pledged to assist member companies in managing the impact of change in the trucking industry, and to enhance the professional and economic growth of its members. The Pennsylvania Motor Truck Association’s primary functions are as follows: n
o work with the Legislature T and regulatory agencies to foster, promote and preserve a strong economic climate for trucking in the Commonwealth.
n
o partner with the T enforcement agencies to develop and support safety initiatives that protect the motoring public.
n
o provide a forum for T continuing education through seminars, workshops and conferences.
n
o disseminate positive T industry information to the press promoting the industry.
n
o be available to our T members for personal assistance whenever the need arises.
Jim Germak, Jagtrux, Inc. Finally, a Transportation Funding Plan With much drama, Pennsylvania finally got a transportation funding package. Gov. Tom Corbett called it his biggest legislative win to date. The bottom line is Pennsylvania has a $2.3 billion infrastructure funding plan, eliminating the need to put more weight restrictions on bridges that force us to take detours costing us time and money. The plan does set in motion a series of fuel tax, fee and fine increases that will touch everyone who sits behind a steering wheel in Pennsylvania. Most of the money will come from an increase in the wholesale fuel tax. You may recall the Transportation Funding Advisory Committee, established by Gov. Corbett in 2011 to address the growing gap in transportation funding. The committee presented a recommended funding package that was achievable, delivered the necessary results, and distributed impacts fairly and realistically to all system users. The recommended options were: • C ap and/or move State Police costs to General Fund. The Pennsylvania State Police receive $570 million per year from the Motor License Fund. These options would have capped and moved a portion of that amount (between $0 and $300 million per year) to the General Fund. • Increase vehicle and driver fees to inflation (3% per year going forward, phased in for commercial vehicles over 26,000 pounds). • Uncap oil company franchise tax over five years. • Restructure Act 44 – Motor License Fund decrease. • Increase traffic violation fines In the final bill, the registration fee increase of 33% applies only to vehicles registered in Class 5 and above. It doesn’t include moving the State Police costs to the General Fund. The bill gives counties the ability to assess by ordinance a fee of $5 for each vehicle registered to an address in that county. This idea may have come from the Transportation Funding Advisory Committee’s recommendation to “provide enabling legislation so local governments can have the option to raise revenue to support transportation investment.” However, the final bill does not specify how counties are to use the revenue. There are pros and cons of the plan, of course. PennDOT Secretary Barry J. Schoch said as the impact of the plan is discussed, we should be aware of these facts: • T he financing phases in over a five-year period. It is misleading to ignore this fact when gauging the plan’s impact. The plan does not include an immediate increase of 28 cents per gallon, as has been reported. Such an estimate is based on the wholesale price of fuel in 2018. It is not possible to predict the price per gallon five years from now. • The plan eliminates the 12 cent-a-gallon liquid fuels tax. Under this proposal, all gas tax revenues are generated at the wholesale level. • Competitive situations and the cost of crude oil have the largest impact on the price per gallon. Even with this revenue enhancement in place, the average driver would only pay about $2.50 more a week in the fifth year of the plan, less than the cost of one gallon of gas. In return, the commonwealth will receive $2.3 to $2.4 billion in transportation improvements. • Comparison of gas tax rates with other states is not a fair assessment since many states use other funding sources to pay for highways and bridges, so they keep their rates artificially low. In Pennsylvania, fuel taxes are used only for highway and bridge-related purposes and state police patrol functions. Income and sales taxes are not used to pay for state-maintained highways and bridges in Pennsylvania. The fuel taxes in Pennsylvania amount to a true users’ fee, based on the amount of gasoline consumed and the use of the highway and bridge system. • Pennsylvania’s vehicle registration fees are among the lowest in the nation, with 39 states charging more. Also, 31 states charge more for the cost of a driver’s license. We will continue to analyze the plan and report on the expected impact. I wish each of you a blessed and peaceful holiday season and a healthy, prosperous new year.
PENNTRUX 5
Avoiding Potential Litigation Pitfalls Associated with On-board Video Cameras By James Franklin
T
he transportation industry is always searching for new technology and best practices that can eliminate or reduce risky driving behavior, improve the overall efficiency and effectiveness of fleets, and avoid frivolous and time-consuming lawsuits. Current on-board video camera technology and analysis may provide these benefits to commercial fleets, but this technology also presents reasons for concern. What are the potential litigation pitfalls facing those commercial entities that are using or may use on-board video technology, and how can they avoid or reduce the probability of encountering those potential pitfalls? Several vendors offer on-board video camera technology and related services to commercial fleets, two of the most prominent vendors being DriveCam and Smart-Driver. The technology and services that these vendors provide offer many risk-reducing benefits to motor carriers and others in the transportation industry. In principle, the technology is relatively simple to understand. Generally, a vendor will install one or more cameras inside of a truck’s cab. The cameras – recording video and possibly audio – will have one lens facing inward to capture the inside of the cab and another lens facing outward capturing events directly
6 PENNTRUX
in front of the truck. By design, the cameras record on a continuous loop, but they are programmed to not save any data until there is a “triggering event.” A triggering event, based upon the change in gravitational forces, includes events such as hard braking, tight turning, or impact; a vendor has the ability to adjust the instruments to the desired sensitivity level. When a triggering event occurs, the equipment saves the video and/or audio from roughly eight (8) seconds before the event to four (4) seconds after the event. Depending upon the level of service offered by the vendor, the technology then automatically uploads and wirelessly transmits the recording to the vendor’s processing center, where an employee of the vendor may analyze the recording. Based upon this analysis, the vendor provides a report to the transportation company that includes a scoring sheet, and if the triggering event was an accident, an opinion as to whether or not it was preventable and an apportionment of fault between the parties involved. Some vendors will also offer affirmative coaching for drivers seen as demonstrating risky driving behavior. This technology offers several notable benefits to transportation companies. One obvious benefit
is that the technology would likely promote and encourage safer driving practices by a company’s drivers. A transportation company may also use the data as a teaching tool to reduce the likelihood of future accidents. Further, if a driver was involved in an accident, the recording may be invaluable in establishing how the accident occurred and confirming when the driver was not at fault. Although the aforementioned benefits are quite valuable, transportation companies must be aware of the potential risks and drawbacks of this technology, especially as they pertain to protecting the company’s legal rights in accident litigation. If a lawsuit is brought against a company and/or its driver based upon a motor vehicle accident, one of the primary concerns implicated by the use of recorded video technology is the scope of discoverable information. In every jurisdiction across the country – including all federal and state courts – any video or audio recording captured by the cameras likely would be considered discoverable information in litigation and would have to be produced to the complaining party. Even more terrifying are the potential consequences involving any report rendered by the vendor; the default rule in litigation is that a third party’s involvement probably waives the protections otherwise afforded to confidential material between the transportation company and its attorney. Therefore, regarding a vendor’s report, a court may consider the technology vendor to be a third party, and because neither the transportation company nor the attorney created the report, a court may force the company to turn over both the recording and the report. First, this disclosure could lead to even more requests from the opposing party, who may seek to obtain access to earlier recordings and reports that may be unrelated to the triggering event at issue but which might be used to argue that the company has a history of employing bad drivers, that a specific driver has a history of accidents or unsafe driving practices, or that the company knew or should have known that the driver exhibited risky driving behavior. Second, if the vendor’s services included ranking the severity of the triggering event, providing analysis, and assessing fault – all done outside of the protections of the attorney-client privilege and work production doctrine and with no guarantee of accuracy – these reports could be catastrophic to a company’s litigation defense. Before utilizing or implementing on-board video technology, a company should also be mindful of the associated financial costs, including the costs of acquiring and installing the technology and any ongoing service or maintenance fees. Further, the federal government and most state governments have privacy and wiretapping laws that restrict or prevent the
recording of an individual’s voice and/or image without his/her consent. For example, several states would permit these recordings, but only if the company placed proper signage in the cab warning the driver and any passengers of the recording. Therefore, it is important to ensure that a transportation company understands all applicable federal and state laws before it uses this technology. Additionally, a user would also need to understand its jurisdiction’s requirements regarding the preservation of data in advance of possible litigation. Specifically, a company may have an affirmative duty to preserve all recordings and reports for a certain length of time after a triggering event; failure to do so may result in significant litigation sanctions. Crucially, on-board video technology and services are highly customizable, and most vendors will negotiate with a transportation company to edit and tailor the structure of the technology and services to meet the needs of the company. If done properly, this tailoring can address and alleviate most, if not all, of the aforementioned litigation concerns. Only by recognizing and addressing these potential risks, however, may a transportation company completely recognize and profit from the significant benefits offered by on-board video camera technology. James Franklin is an attorney in the Litigation and Transportation, Distribution, and Logistics Practice Groups of McNees, Wallace and Nurick, LLC. James also practices Personal Injury law within the firm’s Litigation Practice Group. He can be contacted at jfranklin@mwn.com, 717.237.5375.
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PENNTRUX 7
Driving During the Winter Months A summary of the laws that affect commercial motor vehicle drivers By Alyssa A. Adams, Esq.
8 PENNTRUX
T
he winter season is upon us once again. With winter comes the potential for snow and adverse weather conditions. A snow storm or adverse weather condition may affect many aspects of the trucking industry, including potentially delayed shipments and deadlines and problems for driver safety. It also includes the potential for the increase in the amount of accidents and damage caused by drivers. According to the U.S. National Highway Traffic Safety Administration, in 2006 there were approximately 116,000 accidents nationwide where ice or snow was present. Out of those accidents about 93,000 involved only property damage and about 22,000 involved injuries. This data shows that due to the amount of accidents caused by snow or adverse weather conditions, safety during the winter is of utmost importance. Due to the amount of problems that can be caused by snow and adverse weather conditions, there are many laws and regulations that affect trucking company’s actions during the winter months. Drivers should be aware of these laws to avoid citations and to protect fellow motorists. Drivers should also be aware of the laws in all states they are driving through, as the laws differ from state to state. One problem that snow and adverse weather brings is the accumulation of snow and ice on the commercial motor vehicle. Snow and ice falling from the roof of a commercial motor vehicle is something that has the potential to cause accidents and damage to other vehicles. Even though it may be difficult to remove snow and ice from the roof of a commercial motor vehicle, drivers should take all reasonable precautions to avoid any potential issues due to the falling of snow and ice. A 2008 study done by ATRI on the accumulation of snow and ice discusses several methods for the removal of snow and ice from commercial motor vehicles. See http://www.atri-online.org/research/results/ ATRITRBSnowIce.pdf. In Pennsylvania, under 75 Pa.C.S. § 3720, when snow or ice falls from a moving vehicle and hits another vehicle or a pedestrian and causes death or serious bodily injury, the driver of the vehicle is subject to a fine of $200-$1,000 for each offense. 75 Pa.C.S. § 3720. The nature and severity of potential charges will vary by state. If the falling of snow or ice causes an accident, it may also give rise to a potential lawsuit. There are two proposed bills that have been introduced in the Pennsylvania Senate that seek to amend § 3720. Senate Bills 745 and 746 both will add a fine for instances when there is no death or serious bodily injury and will also increase the fines for a violation. PENNTRUX 9
Another regulation that affects winter driving is a FMCSA regulation which requires more safety during adverse weather conditions. According to 49 C.F.R. 392.14: [e]xtreme caution in the operation of a commercial motor vehicle shall be exercised when hazardous conditions, such as those caused by snow, ice, sleet, fog, mist, rain, dust, or smoke, adversely affect visibility or traction. Speed shall be reduced when such conditions exist. If conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated. 49 C.F.R. 392.14. The rule requires extreme caution when there are hazardous conditions that affect visibility and traction. It also requires drivers to slow down during inclement weather and to pull over to the side of the road if sufficiently dangerous conditions exist. Additionally drivers should be aware of an exception to the hours of service rule in adverse weather conditions. If a driver encounters adverse weather conditions, and due to those conditions cannot safely complete their run within the maximum driving time of eleven hours, the driver may drive up to an additional two hours in order to reach a place offering safety for the driver and security for the commercial motor vehicle and its cargo. 49 CFR 395.1(b). This exception does not mean that a driver can drive longer due to bad weather. The exception only applies when a driver cannot safely stop within their eleven hour driving time. The regulations and laws on idling also have increased significance during the winter months. Drivers, especially those sleeping in their vehicle, may want to leave their vehicle running so that they have heat due to the cold winter temperatures. However, due to environmental concerns, idling reduction has been important and many states have enacted laws limiting the amount of time a commercial vehicle can idle. In 2009, Pennsylvania enacted the Diesel Powered Motor Vehicle Idling Act. 35 P.S. § 4601 et seq. Under the Act, the maximum amount of idle time is five minutes for every one hour period, unless the Act indicates otherwise. 35 P.S. § 4603(a). Exemptions include idling fifteen minutes for every one hour period if the vehicle is engaged in sampling, weighing, loading, or unloading. 35 P.S. § 4603(C) (12). Other exemptions include traffic conditions, to prevent safety or health emergencies, to comply with the manufacturer’s specifications, emergency or law enforcement purposes, maintenance or repair, government or security inspections, power work-related operations, mechanical difficulties, and vehicles with 10 PENNTRUX
CARB low-NOx idle labels. 35 P.S. § 4603(c). When the Act was first passed there was an exemption for tractortrailers with a sleeper berth with air conditioning or heat during rest or sleep periods when the temperatures were below 40 degrees or above 75 degrees. However, this exemption expired in 2010. 35 P.S. § 4603(c)(11). There is an exemption for buses with passengers, which may idle for fifteen minutes in a one hour period to provide heating or air conditioning. 35 P.S. § 4603(c)(10). The fines for violating the Idling Act include $150-$300 per offense plus potential civil penalties up to $1,000 per day for each violation. 35 P.S. § 4605. There is currently no exemption under the Idling Act in Pennsylvania due to colder temperatures. Drivers should be aware of this and plan accordingly if they need heat during the winter while they are in their sleeper berth. The only exemption that may apply is the exemption for safety or health emergencies. This exemption may apply during a weather emergency when a driver cannot reach shelter. As the idling laws vary by state, drivers should be aware of the idling laws in the states they are driving through. An important thing to remember when there is inclement weather is to plan ahead and to check the vehicle ahead of time. Before driving, drivers should make sure to clean off the vehicle as much as possible, because more snow and ice will continue to build up on the vehicle during driving. Also, if there is inclement weather or inclement weather is expected, drivers should plan on a location to rest and be aware of the idling laws. Drivers should make sure that the vehicle is in good working condition and that all fluids are full. Drivers should keep a safe following distance in inclement weather so that there is adequate time to stop and avoid any accidents for following too closely. Also if a driver plans on driving throughout a number of states, he needs to make sure that he is aware of the laws throughout those states on the falling of snow and ice from the vehicle and the laws on idling. Most important is to make sure that the drivers stay safe during the winter months. Alyssa A. Adams is an attorney with Marcello and Kivisto, LLC. She can be contacted at 717.240.4686, aadams@cdl-law.com.
TruckPAC Recognition The trucking industry faces challenges on many levels. In such critical times, we need to maintain a firm and unified voice. Legislators face thousands of bills every year, and PMTA’s Political Action Committee and lobbyists make sure they understand how new laws affect our industry. You can help maintain and increase our political visibility and strengthen our positive force in forming policy. By donating to TruckPAC, you enable us to maintain our high profile and defeat, support and/or alter laws that have an impact on your businesses. To contribute to TruckPAC, contact PMTA at 717.761.7122.
Platinum ($1000 +) Don Bowman R. Frank Campbell Calvin E. Ewell Stephanie Fleetman Brian Fulmer James A. and Linda L. Germak Wayne S. Herr
Sheila M. Horwith Samuel Lansberry McNees PAC Richard Adams Mellon J. Harold Summers Rebecca Summers William T. Ward
Gold ($500-$999) Drew and Kerri Behmer Paul Berg William Burns Joseph A. Butzer and Elizabeth A. Hamilton John Conrad James Decinti ECBM, LP Tom Fautt Five Star International, LLC Phil and Cyndi Garber Kenton J. Good
Michael and Debbie Herr Hess Auctioneers, LLC Jeffrey S. Johnson Timmy T. Nelson Randy L. Rupp Timothy L. Schaffner John H. Summers Kenneth R. Summers Charles L. Whittington John Worrington Gladys Wright Knox
Charles Bernier Ronald and Pamela Bowman Harold L. Brake Thomas M. Brown Matthew H. Campbell Kevin Forbes James M. Garber Karl Gontkof
Grant S. Markley Gordon Moses Michael Redden W. Robert Renner Jay Shaub David A. Shumaker Kimberly M. Wise
Bronze ($25-$249) Abom Kutulakis, LLP Landis Martin G. Frank Arters Jay H. McCormick Paul Bitting Milliron Associates PAC James Michael Boring Eric Moses Troy Boring Samuel Nucifore, Jr. J. Daniel Frock Pitt Ohio LLC Richard and Alma Galasso Joseph J. Poplawski Lester and Mary Good Tom Potter Kelly S. Hawthorne Matthew Rhoads Dennis R. Howell Craig Risser Hunter Keystone Peterbilt, LP Douglas E. Rosbach Wayne E. Inners David Spera Samuel Kieffer William D. Staffieri George Kress Curtis N. Stambaugh Greg Lesher Ronald D. Uriah Alexander Manna John Wensel Christian Manna Gary E. Whistler Gerald J. Manna Gary S. Wright Marcello and Kivisto, LLC Barry and Karen Young Earl R. Martin This list includes contributions from January 1 through November 4, 2013. Your contributions to TruckPAC allow our association to have a stronger legislative voice. TruckPAC contributions should be sent to: PMTA, 910 Linda Lane, Camp Hill, PA 17011.
Silver ($250-$499) Harvey Daniel Alderfer Larry D. Bender
Ken and Cindy Kametz Jason P. Kutulakis
New Address? I f you have a new address, phone number or email address, please let PMTA know. We want to make sure you continue to receive news and information that help you as a trucking industry professional. Use this form to notify us of any changes. Old Address _____________________________________________________________________________________________ Name ___________________________________________________ Company ______________________________________ Phone ___________________________________________________ Email __________________________________________ New Address ____________________________________________________________________________________________ Name ___________________________________________________ Company ______________________________________ Phone ___________________________________________________ Email __________________________________________ Return this form to PMTA, 910 Linda Lane, Camp Hill, PA 17011, or fax to 717.761.8434 PENNTRUX 11
On the Cover Truck Tires Continue to Evolve Fuel efficiency, service are top concerns
W
hat is black, round, and makes up 35% of the energy consumed by a vehicle? Truck tires can make a big difference in fuel efficiency and payload potential. Most fleet managers know it pays to do the research when shopping for truck tires. Basic physics tell us that to maintain speed, a truck engine has to overcome three major forces – aerodynamic drag, mechanical losses and rolling resistance. Rolling resistance is measured in pounds of resistance per 1,000 pounds of load. The rolling resistance of a truck tire depends on the tire’s construction and the compounds being used. Truck tires typically vary from 4.5 pounds/1,000 pounds to 8.0 pounds/1,000 pounds. The Michelin Truck Tires website says that a 3% reduction in rolling resistance translates into a 1% fuel savings, or an increase of .05 mpg. That is one reason the SmartWay® verified tires are the most popular tires on the market today. SmartWay® is a collaboration between the EPA and the freight sector to improve energy efficiency, reduce greenhouse gas and air pollutant emissions and improve energy security. Tony Crago of McCarthy Tire Service Co., Inc. in Williamsport said, “The SmartWay® program verified tires are really getting to be the thing. We’re seeing more and more fleets, including regional fleets, who want the company image to be green.”
Crago said SmartWay® tires have improved tremendously since they were first introduced to the market. “A SmartWay® tire may deliver fewer miles, but the fuel savings more than make up for it,” he said. If you drive coast-to-coast, you may get 400,000 miles on the drive tires. A SmartWay® tire will result in fuel savings of between .2-.5% mpg. “The driver has to look if it offsets the cost. It can be a tough sale to an independent driver. He’s worried about fuel costs, however. Fleets look at all ways to save fuel, and this can be huge. You have to find out the information up front before you can recommend tires,” Crago said. Even small fleets, with 20-40 trucks, are starting to look at SmartWay® tires. Steve Fonner of Highland’s Tire and Service Centers said the SmartWay® wide base tires are becoming more and more popular. “That’s really a growing segment of the market. It improves fuel economy and saves weight, especially in tankers. You can see 5-10% in fuel economy savings, and they are getting close to a longer life, too,” he said. The wide base tires take the place of two dual tires; they also weigh significantly less than a set of dual tires and wheels. Wide base tires with lightweight aluminum wheels are designed to provide a combined weight savings range of 716-1,346 pounds/tractor-trailer combination. Most fleets save close to 200 pounds per axle. “The weight savings is really big for trucks. To save at least 716 pounds means you can haul that much more, which means more revenue for the company,” Fonner said. One of the major problems with the wide base tires when they were first introduced was traction. Fonner said manufacturers changed the tread designs to improve traction. And, he said, a big footprint means greater traction.
Shown is a representation of the tread of a Bridgestone tire.
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Michelin invented the wide base single tire category with the introduction of the X One® line in 2000. Since then Michelin has introduced many evolutions of the product, and other manufacturers have jumped in with their own wide base tires. Initially, the tires had some flaws,
and misconceptions still exist, such as you get more downtime or dealers don’t carry them in stock. These are not true, and technology continues to improve the wide base tires. Application-specific compounds combine scrub-resistant tread rubber with a cooler base treat rubber for long tread life. Improved tread designs and groove bottom protectors help eject stones and protect against stone drilling. Michelin said the X One® tires are available in almost 2,000 servicing dealers and travel plazas across the country. They also offer emergency road service 24/7/365. “Fleets really want 24-hour road service now. We are running at all hours, on time critical service calls. That part of our business is getting much bigger. We’ve gone from a couple service calls a week to at least 5 or 6 a day. Some of our locations have 15 a day,” Fonner said. Highland has eight locations. Goodyear has DuraSeal Technology, a built-in tire sealant that instantly seals tread punctures without messy application of aftermarket sealants. Goodyear also offers Fuel Max technology in all wheel positions. Fuel Max tires incorporate cool-running compounds and constructions to help improve miles per gallon for fuel savings. Bridgestone’s wide base is the Greatec™ line. They offer WavedBelt™ technology that helps reduce irregular shoulder wear, and the casing is highly retreadable. The Greatec’s innovations include a tread design featuring stone rejecter platforms, wide groves to reduce the risk of groove cracking and combat retention of damaging stones, an aggressive block pattern with multiple gripping edges, and a continuous shoulder to offer long, even wear and reduced rolling resistance. Another advantage of using wide base tires is there are only 10 tires to mount, demount and check pressure per truck, saving time and service hours. While the overall sidewall-to-sidewall width is reduced with wide base tires, the use of the outset wheel extends the vehicle track width by over three inches. This helps improve stability, but it also means more brake drum is exposed, allowing the drum to run cooler, increasing brake life and requiring less maintenance time. Many times, retreads are SmartWay® approved, Fonner said. The wide base tires are as retreadable as any radial truck tire. Radial tires in general have improved, Fonner said, with a greater emphasis on fuel economy. “I would say service and fuel efficiency are the top concerns when purchasing tires,” he said.
Shown is a a Michelin X One® wide base radial tire. Tires, like all truck parts, continue to evolve and improve, and innovators experiment with different compounds and features. Michelin developed the Tweel (tire and wheel). The Tweel doesn’t use a bladder full of compressed air. The Tweel’s hub connects to flexible polyurethane spokes that are used to support an outer rim and assume the shock-absorbing role of the compressed air in a traditional tire. The benefits of the Tweel include the obvious of never having flat tires. It can be designed to have high lateral strength for better handling without a loss in comfort since the design of the spokes allows the vertical and lateral stiffness to be tuned independently. Michelin expects the tread to last two to three times as long as conventional tires. But it does have some flaws, primarily vibration. Above 50 mph, the Tweel vibrates considerably. It is unpleasantly loud and produces 5% more friction than a radial tire. There are other airless tires in experimentation, but the only commercial application to date is for skid-steer loaders used in landscaping, construction, contracting, refuse-recycling and agricultural industries.
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The Practical Effects of MAP-21 By Paul Grego
O
n July 6, 2012, President Obama signed into law a new-two year transportation reauthorization bill, the Moving Ahead for Progress in the 21st Century Act (MAP-21). This new law includes many important provisions intended to help the Federal Motor Carrier Safety Administration in its mission to reduce crashes, injuries and fatalities involving large trucks and buses. Many of the provisions in MAP-21 track the Agency’s strategic framework to improve commercial motor vehicle safety by supporting its three core principles:
1. Raise the bar to enter the industry and operate on our roads; 2. Hold motor carriers and drivers to the highest safety standards to continue operations; 3. Remove the highest risk drivers, vehicles, and carriers from our roads and prevent them from operating. The law went into effect on October 1. This 584 page law has 29 new rulemakings, 39 program changes, and 15 reports. A host of issues are covered in the rules including increasing the maximum fines allowed against regulations violators and giving the agency the authority to place a fleet out of service if the carrier’s trucks are operated without Department of Transportation (DOT) registration. Other parts of the rule require the FMCSA to give safety reviews to all new motor carriers within 12 months of receiving operating authority and to crack down on carriers that allow drivers to operate a truck on a suspended or revoked commercial driver license. The final rule also increases monetary penalties for recordkeeping, registration, and hazardous waste violations. Additionally, when considering the violations and penalties therefor, the carrier’s ability to pay is no longer mitigating, and the standard of knowledge of the carrier about a driver’s CDL status has been relaxed to “knows or should know,” rather than the former requirement of actual knowledge. Another well-known provision is the increase to a broker’s surety bond requirement from $10,000 to $75,000. This applies to freight forwarders as well. Speaking of brokers, the law prohibits carriers from brokering freight unless they have separate brokerage authority. Simply because carriers haul freight does not pressuppose that they are authorized to broker loads as well. The carrier is not a broker when it is actually physically engaged with the cargo. Interestingly, the FMCSA has not required that separate companies be formed for carrier and brokerage operations. However, we recommend that separate companies be formed to maximize available legal protections. The shipper must be informed, in writing, which service is being provided. 14 PENNTRUX
This will theoretically simplify cargo claims in providing shippers with a “target” carrier which was hauling at the time of the accident, and protect brokerage operations from allegations that they actually were a “carrier” when the loss occurred. It is recommended that these specific functions be spelled out, along with the broker’s authority, at the very least in a broker-carrier contract. Brokers must have an officer (not a mere employee) that has three years of brokering experience and exhibit knowledge of brokering practices, rules, and regulations. Unlawful brokering carries penalties up to $10,000, which can be levied upon the company’s officers and partners. Civil liability for violations can attach in favor of “injured parties.” For smaller family-owned operations, MAP-21 requires that shippers be informed which family member owns which company division. The purpose of this is to limit multi-owner companies from trying to avoid liability with a “duck in a shooting gallery” way of forming and doing business. Irrespective of the carrier’s size, the law also provides that EOBR’s must be in place by 2014. The DOT will be establishing a federal driver training standard. CDL drivers must also register with a national registry including drug and alcohol test results and driving history. Remember, MAP-21 does not apply to intrastate or exempt commodities, unless specifically adopted in the particular state. Paul Grego is an attorney with Post and Schell, P.C. and can be contacted at pgrego@postschell.com or 717-391-4426 with any questions. Paul’s full biography can be found online by visiting http://www.postschell.com/attorneys/paul-w-grego.
Pitt Ohio Tests Natural Gas
Transportation company is testing a natural gas-powered Mack® in its fleet
P
itt Ohio is testing a natural gas-powered MACK® Pinnacle™ Axle Back model in its fleet, the first natural gas truck in the company’s operations. Pitt Ohio, based in Pittsburgh, provides LTL, supply chain, ground and truckload services. Vice president of safety Ron Uriah said they will use the natural gas truck on regional hauls. The Pinnacle model features dual 45 diesel gallon equivalent (DGE) compressed natural gas tanks. It is equipped with a Cummins Westport ISX12 G, 400 hp engine with 1,450-pound/foot of torque. The ISX12 G engine meets both EPA 2010 and CARB emissions standards. Denny Martin, Pitt Ohio’s director of maintenance, said, “Pitt Ohio prides itself on being an environmentally conscious transportation provider, and we are constantly looking for ways to reduce our carbon footprint, not only in our fleet but throughout the entire company.” Shown above, Jeff Mercadante, left, and Ron Uriah are pictured with a CNG-powered MACK® Pinnacle™ model built as a test truck for Pitt Ohio. The truck was displayed at the American Trucking Associations Management Conference and Exhibition in Orlando, in October.
Join a growing company!
Transportation Manager Wenger Feeds is seeking an individual to oversee all aspects of the Transportation business units to maximize quality and efficiency in the feed delivery process while controlling costs.
Requirements:
• Excellent oral and written communication skills • Management experience in the transportation industry, 3+ years preferred • Demonstrated leadership ability with strong interpersonal skills • Strong accounting, budgeting, and financial reporting skills • Advanced computer skills, including MS Excel and Word • Business-related degree preferred As a progressive company with strong core values, we offer: competitive compensation, professional work environment, steady work in a growing company, and full benefit package after 30 days including medical, dental, vision, life, disability, paid time off, profit sharing/401(k) plan, meat bonus and more!
To apply, email resume to hr@wengerfeeds.com, visit our website at www.wengerfeeds.com or call 1-800-692-6008. Providing Quality Feed for Quality Food
EOE
PENNTRUX 15
Critical Issues in the Trucking Industry – 2013 Pennsylvania Rankings T
he American Transportation Research Institute (ATRI) released the “Critical Issues in the Trucking Industry – 2013” and provided PMTA with the Pennsylvania rankings. The annual survey of critical industry issues, commissioned by American Trucking Associations, is an important tool for understanding industry needs. Now in its ninth year, the ATRI Top Industry Issues Survey continues to serve as a critical source of information for industry and public sector decision makers. ATRI designed and tested the survey before distributing it to a large sample of more than 4,000 industry stakeholders to gauge the importance of each issue. Survey participants were asked to select their top three choices from the industry-generated list of over 20 issues. A record 1,327 respondents completed this year’s survey, a 41% increase in responses compared to the 2012 survey. ATRI said 50 respondents from Pennsylvania completed the survey. A summary of the Pennsylvania rankings follows. The complete national report is available at www.atri-online.org.
1. Hours-of-Service 1. Quantify the impacts of 2013 HOS changes on industry operations, productivity and safety. 2. Advocate for increased flexibility in the current sleeper berth provision. 3. Research and advocate for more innovative and flexible strategies for fatigue management than prescriptive HOS rules.
2. Compliance, Safety, Accountability (CSA) 1. Push for a crash accountability determination process that removes non-preventable crashes from carrier scores. 2. Quantify the impact of disparate state enforcement practices on carrier CSA scores and advocate for more uniform enforcement. 3. Utilize Inspector General and Government Accountability Office findings to push FMCSA to correct flaws in the scoring system.
3. Economy 1. Advocate for reforming/repealing ineffective and burdensome regulations that add to industry costs without providing benefits. 16 PENNTRUX
2. Pressure Congress to change its pattern of short-term extensions and inaction that creates more uncertainty in the economy. 3. Continue to advocate for policies that will stimulate the economy.
4. (Tie) Truck Parking 1. Support and encourage investment in new truck parking facilities and work to reopen closed public rest facilities. 2. Educate the public sector on the safety consequences resulting from closing public parking facilities. 3. Research the role and value of real-time truck parking information availability and truck parking reservation systems.
4. (Tie) Transportation Infrastructure/Congestion/ Funding 1. Advocate for fuel tax increases to efficiently fund the surface transportation system and ensure those funds are not diverted to non-highway projects. 2. Identify the worst truck bottlenecks as a means for targeting government infrastructure investments. 3. Utilize the congressionally-mandated National Freight Policy and National Freight Network as tools to ensure adequate investment in critical highway infrastructure.
6. Electronic Logging Device (ELD) Mandate 1. Ensure that the ELD mandate does not require storage or transfer of data unrelated to HOS record of duty status. 2. Encourage FMCSA to issue the congressionallymandated ELD rule in a timely fashion. 3. Advocate for FMCSA to include provisions that retain existing Hours-of-Service (HOS) exemptions and provide supporting document relief in an ELD mandate.
7. Fuel Supply/Fuel Prices 1. Advocate for measures that limit financial market speculation on energy which can cause price fluctuations/volatility. 2. Continue to support expanded use of domestic energy sources to improve the reliability of our energy supply.
3. Support effective technologies and proven methods for improving fuel efficiency that could lower fuel costs.
8. Driver Shortage 1. Work with state and federal authorities to consider a graduated CDL program to safely attract new and younger drivers. 2. Examine the competitiveness of truck driver pay and benefits as compared to other industries. 3. Continue work to streamline the transition from a military CDL to a civilian CDL in order to attract more veterans to the trucking industry.
9. Driver Distraction 1. Advocate for a nationwide ban on hand-held cell phone use and texting for all motorists. 2. Continue to promote research to better understand the size of the distracted driving problem. 3. Encourage harsher penalties and more aggressive enforcement of distracted driving violations for drivers of all vehicle types.
10. (Tie) Driver Retention 1. Help improve work/life balance, healthy lifestyles and family relationships for drivers. 2. Study the effectiveness of carrier retention programs that financially incentivize drivers for safe driving performance. 3. Research the basis for driver turnover by personality type, compensation models and industry business/operating models.
10. (Tie) Driver Health/Wellness 1. Create a model health and wellness program based on national best practices to provide guidance for carriers. 2. Promote research that quantifies the return-oninvestment potential of driver health and wellness programs. 3. Encourage increased availability of exercise facilities and healthy food choices at truck stops/ travel plazas.
State Top Industry Issues Report 2013
Pennsylvania 50 - State Total Responses
of-Service
ntify the impacts of 2013 HOS changes on industry operations, productivity and safety.
ocate for increased flexibility in the current sleeper berth provision provision.
earch and advocate for more innovative and flexible strategies for fatigue management prescriptive HOS rules.
PENNTRUX 17
President’s Prize Each year, PMTA’s president awards a special prize to the person who has excelled in sponsoring new members during the membership year (May 1, 2013 to April 30, 2014). Recruiting new members for PMTA isn’t difficult. When you are talking to colleagues or clients, mention how you benefit from PMTA membership. PMTA member companies have a greater driver retention rate than non-member companies, a fact that is sure to resonate with any trucking company. On behalf of its members, PMTA communicates daily with the Pennsylvania State Police, DEP, Department of Revenue, PUC, FMCSA and many other agencies that affect your businesses. PMTA can help you stay current on the hot issues and can be your backup system for information on regulations, rules, taxes, drug tests, environmental regulations and much more. If you need more information on how PMTA can benefit a business, contact us at 717.761.7122. Current PMTA members are the best advocates for the association. Everyone in the trucking industry needs to be concerned about your business, the industry, the state and the nation. Join PMTA in the forefront in battling those who propose rules and fees and mandates that would cripple companies and the industry.
The President’s Prize is based on a point system — three points for a new carrier member, two points for a new trade member and one point for a new associate member. The prize is a navy blue blazer with the PMTA keystone logo and two free registrations to PMTA’s Annual Management Conference, excluding meals, hotel and activity costs. Any employee from a PMTA member company may compete for the prize. Only paid-in-full memberships that have the sponsoring member’s name written in the space provided will be recognized. Sponsor’s names cannot be changed once they are submitted to state headquarters. The statistics are current as of November 12, 2013.
Sponsor Company Chapter Total Shawn Cassell
Mainline Excavating, Inc
South Central
3
Calvin Ewell
H.R. Ewell, Inc.
Lancaster
3
Mark Laurusevage Great West Casualty Co.
Northeast
2
Brian Becker
FedEx Ground
York/Adams
1
Lana Rote
Eastern Industries, Inc.
North Central
1
Welcome New Members PMTA takes pleasure in welcoming the following new members who have enrolled recently and salute those who secured them. Any new member not listed with an individual sponsor was secured by State Headquarters or a PMTA chapter. All new members are from Pennsylvania unless otherwise noted. (Chapters are in parenthesis)
Kelly Hawthorne Kenworth of Pennsylvania, Carlisle (South Central)
Sharon Coburn Sylectus, Windsor, Ontario, Canada
Randy Rutherford, Jr. Kenworth of Pennsylvania, Dunmore (North East)
John Liberatore Primacy Risk Services, Mentor, Ohio
Michael David Kauffman Five Star International, LLC, Harrisburg (South Central)
Rick Bunn Advanced Clean Energy Solutions West Chester (Phila/Delaware Valley)
Steve Carfagno A. Penza, Inc., Philadelphia (Phila/Delaware Valley)
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Member of the Month Congratulations to Lana Rote chosen as PMTA’s November Member of the Month. Lana is a member of the North Central Chapter, and we all applaud her efforts. You, too, can be eligible to become Member of the Month. Each month, any member who has recruited a new member will be entered into a drawing, and from that drawing a Member of the Month will be chosen and will receive special recognition in Penntrux and an award from PMTA.
Chapter/PMTA Activities PMTA’s Safety Management Council is hosting a safety expo on Tuesday, March18, 2014, at the Radisson Penn Harris, 1150 Camp Hill Bypass, Camp Hill, from 9 a.m. to 3 p.m. Guest speakers will discuss safety topics, and there will be vendors with safety-related information and products. Exhibitor space is $200 per booth. Contact Kevin Stewart at PMTA, kstewart@pmta.org, or call 717.761.7122, for exhibitor registration information, and watch for expo details soon. The Philadelphia/Delaware Valley Chapter’s 2013 holiday
party is Thursday, Dec. 12, at the Plymouth Country Club, Plymouth Meeting. Cocktail reception begins at 5:30 p.m., and dinner is at 7:30 p.m. Gold sponsors are $400, and electronic ad sponsors are $150. Dinner tickets are $50 each or $475 for a table of 10. The holiday party is one of the chapter’s most popular events of the year. Proceeds fund the scholarship program and other programs throughout the year. For information and to register, contact Dave Spera at dspera@comcast.net or 610.277.3501.
The Northeast Chapter is hosting a family bowling night
to benefit the U.S. Marine Corps Reserve Toys for Tots program on Saturday, Dec. 14, 2-6 p.m., at Idle Hours Lanes, 2008 Scranton Carbondale Highway, Dickson City. Attendees will receive three free games, including free rental shoes, for each new toy they donate. Food and refreshments will be provided. Sponsors are Service Tire Truck Center and Michelin. For more information, contact Chris “Pepper” Jordan, cjordan@sttc.com or 570.383.9473.
PMTA’s Safety Management Council’s Driver of the Month/Driver of the Year luncheon is Thursday, Dec. 12, at the Radisson Penn Harris, 1150 Camp Hill Bypass, Camp Hill, at 12 p.m. The Driver of the Year is selected from the 12 Drivers of the Month. They are as follows: January – Barry Wagner, Towaway Express, Inc. February – William Hundley, Towaway Express, Inc. March – Paul Waite, Jr., Friendly’s Ice Cream April – Dale Knox, Con-way Freight May – Kevin Etter, Giant Food Stores, LLC June – John Burns, R.H. Crawford, Inc. July – Bradley Paul Conn, CVS Transportation, LLC August – Brian Smeltzer, R.H. Crawford, Inc. September – Edward C. Knopp, Sr., CVS
Transportation, LLC
October – John Ward, Pitt Ohio November – Richard Cavanaugh, Ward Transport
and Logistics
December – George Ardelean, Lester R. Summers, Inc. SMC meets at 11 a.m., followed by the luncheon at noon. The awards program begins at 1 p.m. Luncheon tickets are $20 each. Award recipients and spouses do not have to pay, but they must register. To register, contact PMTA at 717.761.7122 or by email at wpalermo@pmta.org.
Last Month’s Answers I Q D J T N E C H A R L I E R C Q
R N J O H F V W G U L Q W X T O H
Z Q C S W N Y S G O W F U T O F T
B S X A E N R M A Q R P Z K K F N
R U P G R I O F I F T H W H E E L
F U M G A S C N G E A R S U W E E
F O W P T S I O E T B M D M F B M
R F R K E W J L O U Y E D O U E P
W L V T O R I O G K C R D S N A I
W A C Z Y H S G C O I Z U U N N R
W P D N H F I T M K H N T C Y B E
O P M B X N O E I B E E G H B K S
Z E Q E G C A O H C A Y L I O C T
I R P O E G N V T I K K D T O C A
H S U Z A V J F W E P E F O K J T
K T D I F U L L B O R E R W J G E
E U N Q X J N T Z C L E A N C A T
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N H J K G P S I J I P L N H E A O J R E M I A C E U I A Hippocket R D D T M I O J F H Z C K R L K H J L M O N X L Q C A K Hoohooner X F V Z L A D A I O C G C R Horse J Q W R O S N B E T W O U W Hotlanta G A B R H W I T Y N P A A F Icebox Word Search by Myles MellorU B V B F T K S A P U H X P By Myles Mellor U the K Upuzzle A P Mand R Ocircle I I C E B O Find the trucking words and phrases listed below in Irishtown Myles Mellor is one of the top crossword writers in the world, publishing more than 100 Jcrosswords and puzzles each E W E Lany R Y H A month. N G He A has R A them. They may run across or up and down or diagonally inU.S. direction. Itsyournickel published over 6,000 crosswords in newspapers, magazines, electronic devices and websites in the and internationally and D S J V R J E C X E M D has V V
Hangaralph
PennTrux December Word Search published numerous crossword Javabooks in Barnes and Noble and Books a Million stores nationwide.
Goahead
Jewelry
Gogojuice
Kiddiecar
Gougeonit
Kodiak
Gypsy Haircutpalace Hangaralph Hippocket Hoohooner Horse Hotlanta Icebox Irishtown Itsyournickel Java
H O O H O O N E R L X J G U U J D
X W U G G Y H A D K F Q A B K E S
I S K Y O E J O D H V W B V U W J
T M P W B U K J T J Z R R B A E V
S S K H S M G R M L L O H F P L R
Y U K A A N P E I M A S W T M R J
O B J I M D S M O O D N I K R Y E
U R H R D J I I J N A B T S O H C
R E G C I D J A F X I E Y A I A X
N U O U R A I C H L O T N P I N E
I B G T I V P E Z Q C W P U C G M
C P O P S T L U C C G O A H E A D
K S J A H H N I K A C U A X B R V
E G U L T O H A R K R W F P O A V
L G I A O R J N E A E Y X A X L D
S I C C W S F T Z C C G D G C P S
L T E E N E R R K O D I A K Y H P
Jewelry Kiddiecar Kodiak
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