NYSMTA Milepost Third Quarter 2016

Official Publication of the Trucking Association of New York

Third Quarter 2016 • Vol. 4 No. 3

PRSRT STD U.S. POSTAGE PAID HARRISBURG PA PERMIT NO. 533

Grand Champion Jim Kohr

Overall Winner Chris Tate

2016

TDC &

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2016 Truck Driving Championships & Step Van Competition

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Third Quarter 2016 • Vol. 4 No. 3

Published for

TA B L E O F C O N T E N T S

TRUCKING ASSOCIATION OF NEW YORK 7 Corporate Drive Clifton Park, NY 12065 phone: 518-458-9696 fax: 518-458-2525 www.nytrucks.org For information regarding editorial content please contact Karin White at kwhite@nytrucks.org or 518-458-9696.

Designed and Published by

2016

TDC &SuperTech

10 | TDC 14 | SuperTech Congratulations to all winners!

President’s Message...................................................................................... 7 TANY Annual Conference.............................................................................. 8 2016 TDC and Step Van Competition.......................................................... 10 SuperTech 2016............................................................................................ 14

Sarah Dicello Publications Manager 717-238-5751 x118 sarah@thinkgraphtech.com For Advertising Information: Jen Smith Account Manager 717-238-5751 x124 jen@thinkgraphtech.com Please note: Editorial and contents of this magazine reflect the records of the Trucking Association of New York (TANY).

TANY has done their best to provide useful and accurate information, but please take into account that some information does change. Graphtech and TANY take no responsibility for the accuracy of the information printed, inadvertent omissions, printing errors, nor do they endorse products and services. We take no responsibility regarding representations or warranties concerning the content of advertisements of products/services for a particular use, including all information, graphics, copyrighted materials, and assertions included in the advertisements.

The reader is advised to independently check all information before basing decisions on such information.

2016 Legislative Wrap-Up............................................................................ 19 Member Spotlight........................................................................................ 21 TANY Member News................................................................................... 23 The Legal Considerations of Loading and Unloading Commercial Motor Vehicles......................................................................... 24

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Board of Directors

P resident ’ s M essage

OFFICERS

Chairman John Russell, Penn Commercial Vehicle Solutions Vice Chairman Christopher Mix, Mr. Bults, Inc. Secretary Terry Borwegen, Borwegen Trucking, Inc. Treasurer Eric Hoxsie, HazMat Environmental Group, Inc.

REGIONAL VICE CHAIRS

Western Region Kevin Galas, NOCO Energy Corporation Genesee Region Sean Dubman, Wegmans Food Markets Central Region Robert Copp, Byrne Dairy, Inc. Eastern Region George Damoretcki, Golub Corporation Metro Region Barry Panicola, Sprague Operating Resources LLC

REGIONAL SECRETARIES

Western Region Kimberly Ferris, Commercial Drivers Legal Plan Genesee Region Vacant Central Region Mark Henderson, Patriot Tank Lines, Inc. Eastern Region Joe Fitzpatrick, Lightning Express Delivery Service, Inc. Metro Region Ken Tirone, Hub Truck Rental Corporation

COUNCIL CHAIRS

Maintenance Council Swede Oun, O&K Truck Repairs, Ltd. Safety Council Barry Panicola, Sprague Operating Resources, LLC (interim) Safety Group John Simon, Grand Island Sales and Service, Inc.

AT LARGE MEMBERS

Helen Brooks, FedEx Corporation John Giovenco, Vulcraft of NY, Inc. Mark Giuffre, United Parcel Service Kenneth Staub, Riverside Service Corporation

ATA STATE VICE PRESIDENT

Steven Wadhams, Wadhams Enterprises, Inc.

IMMEDIATE PAST CHAIR

Mike Chellis, Terpening Trucking (ret.)

President’s Message It’s an exciting time at the Trucking Association of New York! The launch of the new name, new website and new membership portal on June 1 was met with positive feedback from the membership and the transition was, for the most part, seamless.

(We have joked about putting a jar in the office for staff members to put a quarter in any time we say the old name, but I digress.)

The name change was part of the overall strategic plan for the association, which continues to be developed. As the plan is discussed and new ideas and opportunities for the association come to light, the excitement grows. There is no shortage of opportunities for the association to bring new programs, services and benefits to the membership.

The final strategic plan will be completed in time to present to the membership during the 49th Annual Conference & Membership meeting in September.

Scheduled for September 25–27, 2016 at the historic Thayer Hotel at West Point, the Annual Conference will provide association members with valuable education sessions and networking opportunities. The conference committee has worked diligently to line up excellent speakers to cover timely topics. You can read more about the conference in the article, “Strategies For Advancing Your Front Line” in this edition of Milepost.

This conference also hosts the Annual Meeting of the Membership which provides an overview of everything the association has done on behalf of the membership throughout the last year.

And, an exciting addition for 2016 — the return of vendor booths to the conference to provide another valuable information resource for fleets on the latest and greatest products, services and technology available for your companies.

TANY Staff Kendra Hems, President Karin White, Deputy Director Kate Kennett, Director of Safety & Maintenance Programs William McAnelly, Director of Membership Relations Mark King, Accounts Manager Francesca Pardi, Events Manager Jennifer Andrelos, Administrative Assistant

The Annual Conference is a meeting not to be missed and is guaranteed to be an educational, entertaining and exciting event with something for all! I look forward to seeing you there!

Be safe, Kendra L. Hems TANY President

Milepost Magazine • Third Quarter 2016

7

Strategies

FOR Advancing Your Front Line TANY Annual Conference September 25–27

Trucks are on the front lines of our nation’s highwaysdelivering the necessities every business, community and family relies on to survive, and helping areas devastated by natural disasters recover as quickly as possible. Despite the immense responsibility the trucking industry bears, it can often feel like the industry is under attack — by regulators, local municipalities, and even the general public.

Join the Trucking Association of New York for our 49th Annual Conference & Membership Meeting from September 25–27 in West Point, NY, as we discuss Strategies For Advancing Your Front Line. The event will take place at the Thayer Hotel at West Point, on the grounds of the US Military Academy, providing a historic and scenic setting to examine how to survive and thrive in this ever-changing industry.

8

www.nytrucks.org • Trucking Association of New York

American Trucking Associations Chairman Pat Thomas will kick off the conference on Monday morning with a look at what’s going on “inside the Beltway” and how it impacts trucking.

He will offer his insight into what the industry should expect to see in in the coming months and year regarding the 34-hour restart hours-of-service issue, speed limiters, and federal meal and rest breaks, among other things.

Dr. Jerome Haurer, Former Security & Emergency Services Commissioner of Homeland Security during Hurricane Sandy, will lead off the second day of the event, discussing the emergency response to that natural disaster, lessons learned and how to prepare in the future.

Numerous topics which currently may leave your business feeling under siege will also be examined including new greenhouse gas and EPA engine rules, federal overtime requirements, and

the “ban the box” movement, as well as the future of tolling in New York and beyond. A panel of young drivers and technicians will also be on hand to participate in a facilitated forum to answer the question, “How do I find and keep young industry professionals?”

New York-specific topics will also be covered including the impact the November elections will have on the industry, should control of the state Senate change hands, what the association achieved legislatively in 2016 and what it is looking to accomplish in 2017. An update on the Tappan Zee replacement bridge — the New New York Bridge — is also on tap.

Look for registration information on this important event in upcoming Friday Final issues and at www.nytrucks.org.

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Milepost Magazine • Third Quarter 2016

9

&

Truck Driving 2016 Championships

Step Van Competition The 58th Annual NYS Truck Driving Championships were held on June 10 and 11 in Syracuse, NY amid sunny and cool weather on Friday and wet and cold weather on Saturday.

Ninety nine drivers took part in the event, 30 of them rookies.

The driving competition included a written exam, pre-trip inspection and road course where drivers navigated and were scored on six obstacles or skill challenges. Drivers competed in nine vehicle classes including straight truck, 3-axle, 4-axle, 5-axle, twins, tank, flatbed, sleeper berth and step van.

Jim Kohr of FedEx Express repeated last year’s success, by being named the Truck Driving Championships Grand Champion for the second year in a row. Jim competed in the 5-Axle class and finished with an overall score of 376 out of a possible 485. Along with the eight other first place finishers in each class, Jim will head to Indianapolis in August to represent New York at the National Truck Driving Championships and Step Van Driving Championships.

Grand Champion | Jim Kohr of FedEx Express receives the Grand Champion trophy from TDC Chair Melissa Eppard of FedEx Ground.

In the step van competition, Patrick Collins of FedEx Ground earned the second place trophy but was not awarded it at the event due to a discrepancy with time deductions given on the course. While all competitors were held to the same time limits in each of their classes, it came to light after the event that information distributed to competitors indicated that they were allocated more time to complete the skills course than the times that were used at the event. In the interest of not punishing a driver who may have believed he or she had more time to complete the course, the applicable time deductions were removed from driver scores. The step van competition was the only case where removing a time deduction resulted in a change to a trophy awarded.

10

www.nytrucks.org • Trucking Association of New York

The Martin Brower Company took home the Truck Driving Championships Team Trophy. Each driver in the three-member team posted impressive scores with one driver finishing second in his class and the other two finishing fourth in their classes.

The Written Exam Award was given to Mark McLean of FedEx Freight, Inc. who had a perfect score. This is McLean’s third time winning this award.

Jim Kohr of FedEx Ground also won the Pre-trip Inspection Award, while Jason Mulcahy of FedEx Freight, Inc. received the Rookie Award.

The Ray Dagostino award was presented to Mark Henderson of Patriot Tank Lines for his tireless efforts and commitment to the Truck Driving Championships.

Truck Driving

Championships

Grand Champion Jim Kohr, FedEx Express Team Trophy The Martin Brower Company Rookie Award Jason Mulcahy, FedEx Freight Written Test Award Mark McLean, FedEx Freight, Inc. Pre-trip Inspection Award Jim Kohr, FedEx Express Ray Dagostino Award Mark Henderson, Patriot Tank Lines Step Van Class 1st place: Jeffery Evans, FedEx Ground 2nd place: Patrick Collins, FedEx Ground 3rd place: Taras Podolyanchuk, FedEx Ground Straight Truck Class 1st place: David May, XPO Logistics 2nd place: Jeffery Chambrovich, Jr., XPO Logistics 3rd place: John Hotaling, II, Delhaize America Transportation

Winners

3-Axle Class 1st place: Pete Vukas, XPO Logistics 2nd place: Michael Guanciale, FedEx Express 3rd place: Walter Strait, Walmart Transportation 4-Axle Class 1st place: William Connolly, Walmart Transportation 2nd place: Jason Barone, Golub Corporation 3rd place: Kenneth Hutman, FedEx Freight 5-Axle Class 1st place: Jim Kohr, FedEx Express 2nd place: Oliver Estevez, The Martin Brower Company 3rd place: Brian VanDeusen, Golub Corporation

Twins Class 1st place: Stephen Black, Golub Corporation 2nd place: Mark McLean, FedEx Freight 3rd place: Gerald Thompson, XPO Logistics Flatbed Class 1st place: Timothy Graf, Delhaize America Transportation 2nd place: David Morath, XPO Logistics 3rd place: James Plant, Walmart Transportation Sleeper Class 1st place: David Christie, XPO Logistics 2nd place: Steven Bullinger, Golub Corporation 3rd place: Peter Cahill, XPO Logistics

Tank Class 1st place: David Watson, FedEx Freight 2nd place: Richard Rockefeller, Walmart Transportation 3rd place: David Farmer, Walmart Transportation

Milepost Magazine • Third Quarter 2016

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Pre-Trip Inspection Award | Jim Kohr of FedEx Express receives the Pre-Trip Inspection Award from TDC Chair Melissa Eppard of FedEx Ground.

Written Test Award | Mark McLean of FedEx Freight, Inc. receives the Written Test Award from TDC Chair Melissa Eppard of FedEx Ground.

Rookie Award | Jason Mulcahy of FedEx Freight, Inc. is given the Rookie Award by TANY President Kendra Hems.

Team Trophy | The Martin Brower Company receives the Team Trophy from TDC Chair Melissa Eppard of FedEx Ground.

Step Van Class | Jeffery Evans of FedEx Ground receives the 1st place trophy in the Step Van Class from TDC Chair Melissa Eppard of FedEx Ground.

Step Van Class | Taras Podolyanchuk of FedEx Ground receives the 3rd place trophy in the Step Van Class from TDC Chair Melissa Eppard of FedEx Ground.

Straight Truck Class | Jeffery Chambrovich, Jr., Con-way Freight; David May, XPO Logistics; John Hotaling, II, Delhaize America Transportation

3-Axle Class | Michael Guanciale, FedEx Express; Pete Vukas, XPO Logistics; Walter Strait, Walmart Transportation

12

www.nytrucks.org • Trucking Association of New York

4-Axle Class | Jason Barone, Golub Corporation; William Connolly, Walmart Transportation; Kenneth Hutman, FedEx Freight

5-Axle Class | Oliver Estevez, The Martin Brower Company; Jim Kohr, FedEx Express; Brian VanDeusen, Golub Corporation

Tank Truck Class | Richard Rockefeller, Walmart Transportation; David Watson, FedEx Freight, Inc.; David Farmer, Walmart Transportation

Twin Trailer Class | Mark McLean, FedEx Freight; Stephen Black, Golub Corporation; Gerald Thompson, XPO Logistics

Sleeper Berth Class | Steven Bullinger, Golub Corporation; David Christie, XPO Logistics; Peter Cahill, XPO Logistics

Flatbed Class | David Morath, XPO Logistics; Timothy Graf, Delhaize America Transportation; James Plant, Walmart Transportation

Milepost Magazine • Third Quarter 2016

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SuperTech2016 The Trucking Association of New York celebrated the 20th year of its SuperTech Competition this year on June 10 and 11 in Syracuse with the largest ever field of competitors. Thirty four technicians participated in the knowledge and skills event, including 10 rookie competitors, all vying for a top spot in one of 13 categories.

This year, the competition was expanded to include three new stations: Coolant & DEF, Drive Belts and Precision Measuring.

Christopher Tate won the Overall Champion for the SuperTech Competition earning a total of 1,015 points out of a possible 1,300 for the event’s 13 categories. He took home five first place finishes, four second place finishes and one third place finish among the individual categories. He will go on to represent New York at the American Trucking Association’s Technology and Maintenance Council national Technicians’ Skill Competition

(TMC SuperTech2016) being held in September. Adam Farney of Walmart Transportation came in second overall, while Bruce Bennett of Penn Commercial Vehicle Solutions came in third.

The highly competitive field resulted in a 12-way tie for first place in the wheel end category. The ties are usually broken by embedded bonus points — which didn’t break the tie leading to 12 first-place prizes being issued.

Bennett was also the recipient of the Jeremy Ayres award, which is given to a technician who displays strong character, perseverance, commitment, integrity and a positive attitude during the course of the SuperTech competition.

Overall Winner | Chris Tate of Mohawk Truck, Inc. receives the Overall Winner Trophy at the 20th Annual TANY SuperTech Competition from committee members Mike Endres of Mohawk Truck, Inc. and Swede Oun of O&K Truck Repairs, Ltd.

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www.nytrucks.org • Trucking Association of New York

SuperTechWINNERS Overall Winner

Christopher Tate, Mohawk Truck, Inc. 1st Runner Up Adam Farney, Walmart Transportation 2nd Runner Up Bruce Bennett, Penn Power Group

Jeremy Ayres Award

Bruce Bennett, Penn Power Group

Annual Inspection Procedures

1st place: Howard Larvin, Jr., Hub Truck Rental Corporation 2nd place: Christopher Tate, Mohawk Truck, Inc. 3rd place: Russ Underwood, Golub Corporation

Brakes

1st place: Christopher Tate, Mohawk Truck, Inc. 2nd place: Bo Colf, Regional International Corporation 3rd place: Bruce Bennett, Penn Power Group

Coolant & DEF

1st place: Christopher Tate, Mohawk Truck, Inc. 2nd place: Adam Farney, Walmart Transportation 3rd place: Chris Durfee, Penn Power Group

Drive Belts

1st place: Bruce Bennett, Penn Power Group 2nd place: Christopher Tate, Mohawk Truck, Inc. 3rd place: Bo Colf, Regional International Corporation

Fasteners

Written Exam

Fifth Wheel

Wheel End

1st place: Adam Farney, Walmart Transportation 2nd place: Ben Owens, Walmart Transportation 3rd place: Christopher Tate, Mohawk Truck, Inc. 1st place: Harry Hindley, XPO Logistics 2nd place: Christopher Tate, Mohawk Truck, Inc. 3rd place: Bruce Bennett, Penn Power Group

Precision Measuring

1st place: Chris Durfee, Penn Power Group 2nd place: Ben Owens, Walmart Transportation 3rd place: Adam Farney, Walmart Transportation

Preventative Maintenance

1st place: Christopher Tate, Mohawk Truck, Inc. 2nd place: Ben Owens, Walmart Transportation 3rd place: Bruce Bennett, Penn Power Group

Tires

1st place: Adam Farney, Walmart Transportation 2nd place: Ben Owens, Walmart Transportation 3rd place: Pete Compoli, Riccelli Enterprises, Inc.

1st place: Christopher Tate, Mohawk Truck, Inc. 2nd place: Adam Farney, Walmart Transportation 3rd place: Kurt Washburn, Penn Power Group 1st place: 12-way tie: Chris Beckhans, Hub Truck Rental Corporation Bruce Bennett, Penn Power Group Matt Burlarley, DeCarolis Truck Rental, Inc. Bo Colf, Regional International Corporation Chris Durfee, Penn Power Group Adam Farney, Walmart Transportation Howard Larvin, Jr., Hub Truck Rental Corporation Ben Owens, Walmart Transportation Mike Strong, Walmart Transportation Christopher Tate, Mohawk Truck, Inc. Wayne VanDuyne, RIST Transport, Ltd. Kurt Washburn, Penn Power Group

Electrical

1st place: Adam Farney, Walmart Transportation 2nd place: Christopher Tate, Mohawk Truck, Inc. 3rd place: Joseph Catlin, Mohawk Truck, Inc.

Engine

1st place: Jeremy LaMarti, Regional International Corporation 2nd place: Miguel Garcia, Regional International Corporation 3rd place: Matt Rosa, Walmart Transportation

Milepost Magazine • Third Quarter 2016

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Jeremy Ayres Award | Bruce Bennett of Penn Power Group receives the Jeremy Ayres Award for his dedication to maintenance in the trucking industry from committee members Mike Endres of Mohawk Truck, Inc. and Swede Oun of O&K Truck Repairs, Ltd.

Annual Inspection Procedures | Christopher Tate, Mohawk Truck, Inc.; Howard Larvin, Jr., Hub Truck Rental Corporation; Russ Underwood, Golub Corporation

Brakes | Bo Colf, Regional International Corporation; Christopher Tate, Mohawk Truck, Inc.; Bruce Bennett, Penn Power Group

Coolant & DEF | Adam Farney, Walmart Transportation; Christopher Tate, Mohawk Truck, Inc.; Chris Durfee, Penn Power Group

Drive Belts | Bruce Bennett of Penn Power Group receives the 1st place award in Drive Belts from committee members Mike Endres of Mohawk Truck, Inc. and Swede Oun of O&K Truck Repairs, Ltd.

Drive Belts | Christopher Tate of Mohawk Truck, Inc. receives the 2nd place award in Drive Belts from committee members Mike Endres of Mohawk Truck, Inc. and Swede Oun of O&K Truck Repairs, Ltd.

Drive Belts | Bo Colf of Regional International Corporation receives the 3rd place award in Drive Belts from committee members Mike Endres of Mohawk Truck, Inc. and Swede Oun of O&K Truck Repairs, Ltd.

Electrical Competition | Christopher Tate, Mohawk Truck, Inc.; Adam Farney, Walmart Transportation; Joseph Catlin, Mohawk Truck, Inc.

16

www.nytrucks.org • Trucking Association of New York

Engine Competition | Miguel Garcia, Regional International Corporation; Jeremy LaMarti, Regional International Corporation; Matt Rosa, Walmart Transportation

Fasteners | Ben Owens, Walmart Transportation; Adam Farney, Walmart Transportation; Christopher Tate, Mohawk Truck, Inc.

Fifth Wheel | Christopher Tate, Mohawk Truck, Inc.; Harry Hindley, XPO Logistics; Bruce Bennett, Penn Power Group

Precision Measuring | Ben Owens, Walmart Transportation; Chris Durfee, Penn Power Group; Adam Farney, Walmart Transportation

Preventative Maintenance | Ben Owens, Walmart Transportation; Christopher Tate, Mohawk Truck, Inc.; Bruce Bennett, Penn Power Group

Tire Competition | Ben Owens, Walmart Transportation; Adam Farney, Walmart Transportation; Pete Compoli, Riccelli Enterprises, Inc.

Written Exam | Adam Farney, Walmart Transportation; Christopher Tate, Mohawk Truck, Inc.; Kurt Washburn, Penn Power Group Milepost Magazine • Third Quarter 2016

17

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2016 Legislative Wrap-Up By: Ken Johnson, Government Affairs Committee Chair The 2016 Legislative session recently wrapped and the legislators returned home to their districts. After 5 years of trying, we have finally achieved SUCCESS in getting our Fairness in Contracts bill passed out of both houses. As this is written, the bill, which was passed unanimously in both houses is waiting signature of Gov. Andrew Cuomo. We will continue to communicate with the governor’s office to answer their questions and encourage him to sign as soon as possible. This is the bill that would forbid large shippers from contracting away their liabilities to trucking companies in New York.

Late in 2015 OOIDA won a lawsuit against New York State challenging the fairness of the registration fees and sticker fees to out of state carriers registering for the Highway Use Tax. In response to this in the budget, the governor replaced the original fees with a $1.50 administrative fee. This significantly reduced the income that the Highway Use Tax generated for New York State. The Government Affairs Committee is using this as an opportunity to discuss repealing the Highway Use Tax. Although there was no movement in the recent session, the committee believes that the groundwork was put in place to have a very good chance of moving this issue in the next legislative session.

Truck parking, divisible load permits, and Move NY legislation were also part of the committee’s discussions this past year.

TANY along with ATA hosted the Call on Washington program in late April. Sixteen attendees, after being updated on the issues,

TANY members from the Central and Genesee regions attending the 2016 Call on Washington in April meet with Congressman John Katko from Central New York.

met with congressional members and staff as well as senate staff to discuss issues impacting trucking. The two primary issues were legislation to preserve the 34-hour restart provision without the 1:00 AM to 5:00 AM back-to-back breaks and the need to modify the Federal Aviation Authorization Act of 1994 to make clear the original legislation that preempts state laws from passing meal and rest break requirements on interstate trucking and state bans on “piece rate” pay. At the end of the day the attendees were able to attend a Washington Nationals game where the Philadelphia Phillies beat the Nationals 3–0.

On May 17, TANY and the Government Affairs Committee hosted Trucking Moves NY Day at the Capitol. The highlight this year was Truckers Against Trafficking bringing their Freedom Drivers Project trailer to downtown Albany and parking it on the street outside the state Capitol. In addition to our members and members of the general public getting the chance to understand the trafficking issue, several elected officials and their staff were able to tour the trailer and get an understanding of how our industry is working to end trafficking in the United States.

While the Freedom Project was a focal point of the day, many meetings were held with our elected officials discussing the issues and concerns of our industry in New York. Fairness in Contracts, Highway Use Tax, and reopening closed rest areas were the main issues focused on this year. Sixteen members participated in these successful conversations which helped educate the assembly members and senators on issues facing our industry.

Thank you to attendees of both of these events!

TANY members from across the state gathered in May at the state Capitol in Albany to meet with legislators about issues important to the trucking industry.

During the legislative sessions, the Government Affairs Committee meets by teleconference. I would like to thank the members of the committee for taking the time to participate. I would also encourage any of our members to get involved with the committee calls and the in-person events in both Albany and Washington.

Milepost Magazine • Third Quarter 2016

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Spotlight COLLEEN REJMAN Co-Owner and Operations Manager Venice Enterprise, Inc. • Venice Center, NY

Where did you grow up?

I was born in Ithaca and grew up in King Ferry, NY. I now live in Venice Center.

What was your first job?

I worked as a bookkeeper for Cooke Cadillac, Olds while attending Cayuga Community College.

What was your first car?

A Plymouth Roadrunner.

Do you have a favorite band or music genre?

Classic and soft rock.

Do you have a favorite TV show or movie?

I like American Pickers.

Do you have a gadget you can’t live without?

My iPhone.

How did you get into your line of work?

I married into a trucking family.

What is your job?

I am involved with all the day-to-day operations including being on call 24/7 while I have trucks on the road. The only things I don’t do are driving and truck maintenance.

What do you like most about your job?

Power is what comes to mind! I’m kidding, but I do like being the boss.

What do you find most challenging about your job?

The lack of knowledge and accountability at all levels of government from local and state all the way to federal. I also get frustrated dealing with people in the industry who don’t do their jobs. It hurts everyone.

How many employees in the company?

21 What characteristics do you admire in others?

Strong work ethic, honesty, understanding and compassion.

What are some of your short- or long-term professional goals?

I want to educate as many people as possible about trucks and how to share the road safely. I’d also like to work toward getting route restrictions lifted on 53’ trailers.

What do you like to do in your spare time?

We used to collect “lucky stones” — with holes in them — on the beaches of Cayuga Lake when we were kids. That evolved into fossil collecting. I’d rather fossil hunt than shop! The Finger Lakes were carved out from the glaciers so there are lots of fossils and when the lake levels are really low you can find fossils that would normally be below the water. I also like to kayak, play with my grandson and do Sudoku puzzles while I’m on the treadmill. I multitask all the time. There aren’t enough hours in the day for me.

If you could visit any place in the world, where would you go?

I’d love to go somewhere where I could have a close view of the Aurora Borealis.

And I’d like to visit as many of our National Parks as possible. Really, I’d like to see as much of the country as possible.

If you could have any job other than your own, what would it be?

On stressful days I tell people I’d rather be a greeter at Walmart! Actually, I’d love to be a drummer in a band. I played drums in high school and a few years ago my husband gave me a drum set for Christmas that was signed by the Red Hot Chili Peppers. I broke my wrist shortly after that (not from drumming) so I’m just now getting back into it.

Where do you see yourself in 10 years?

Hopefully retired or at least working only part time and volunteering to help the less fortunate.

What is the best advice you’ve ever received?

Always look forward. Do things right the first time. Treat others the way you would like to be treated. Hard work pays off.

What advice would you give to someone entering the industry today?

Learn as much as you can before you get started. Be prepared to work long hours but know your worth. Don’t let anyone undercut you just to keep your truck moving.

Milepost Magazine • Third Quarter 2016

21

LEASE OR RENT

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TANY Member News United Materials Supporting Fight Against Breast Cancer TANY SMMC member United Materials, LLC of Wheatfield in Western New York, donates a portion of the proceeds that are generated when they manufacture and supply concrete through their special “Pink” mixer to support efforts aimed at bringing awareness and finding a cure for breast cancer. The mixer debuted in 2014 and in 2015, the company donated over $8,700 to the Susan G. Komen Foundation.

Walmart in Marcy Participates in “The Wall That Heals” Journey Walmart driver, Mike Arlaud from the Walmart distribution center in Marcy, NY, participates in the company’s “The Wall that Heals” project last fall. The Wall that Heals is a mobile half-scale replica of the Vietnam Veterans Memorial in Washington, D.C. designed to bring the memorial to those who cannot physically or financially make it otherwise.

The truck traveled from New York to Georgia, making multiple stops along the way at Walmart distribution centers and stores for public viewing. Every year, the wall is transported to various locations throughout the country by volunteers such as Walmart.

TrucBrush Corporation Receives Prestigious Innovation Award TrucBrush Corporation recently received a Smaller Business Association of New England (SBANE) ‘Rising Star’ Innovation Award. TrucBrush was one of two companies to win the award, among 188 nominees. Notable companies including Staples, Ben & Jerry’s, Nantucket Nectars and Zipcar have won this award in the past. TrucBrush was recognized for its patented mobile device and service methodology to clear snow off truck, trailer, bus and container rooftops prior to transit. SBANE former chairman, Robert Crowley (left) is pictured giving this year’s SBANE New England Innovation Robert Crowley ‘Rising Star’ award to TrucBrush Vice President Debora Babin Katz (center) and President Jim Burns (right).

Milepost Magazine • Third Quarter 2016

23

The Legal Considerations of

AND

Loading UNLoading Commercial Motor Vehicles

By Brian Berger, Esq., Carman Callahan & Ingham, LLP

Depending on the particular type of cargo you carry, loading and unloading your commercial motor vehicle can be difficult and dangerous. The consequences of proceeding carelessly can include risking the safety of the loading crew, the driver, surrounding traffic and the integrity of the product.

24

www.nytrucks.org • Trucking Association of New York

Much of the legal analysis surrounding loading and unloading actually involves the issue of insurance coverage. Specifically, which parties or insurance companies should be held responsible for providing reimbursement for damages sustained during the loading and unloading processes?

Most auto insurance policies generally cover injuries and damages which occur during the “use and operation” of a motor vehicle. New York Courts have held this phrase to include the loading and unloading processes. Several policies also refer specifically to loading and unloading, and find coverage for those who borrow the vehicle or “use” it with the owner’s permission.

New York Courts also permit insurance carriers to restrict coverage relating to loading and unloading as long as the policy language is clear and unambiguous. For example, a New York Court upheld a clause in a policy which barred “coverage to anyone other than the [insured company’s] employees, a lessee or borrower or any of their employees, while moving property to or from a covered auto.” The Court held that “unambiguous provisions of insurance policies are to be given their plain and ordinary meaning.” This differs from the policy of other states. For example, New Jersey Courts do not allow insurance companies to restrict coverage for damages sustained while loading and unloading.

Who Pays?

Though a loading company may improperly load or unload your cargo, or injure themselves or your driver in the process, they will often attempt to have your own insurance pay for the damages. At first glance, this seems to lack common sense. After all, if it was the loading company’s actions which prompted the injury or damages, their insurance company should have the obligation to reimburse for damages, right? There is a different analysis under the law, however. Specifically, loading companies will often state that, at the time they are loading or unloading your truck, they are actually considered ‘additional insureds’ under your policy as they are ‘using’ your truck with your permission. Absent a specific policy exclusion, this type of legal argument can succeed in New York.

Loading and Unloading Defined To determine whether a party can access coverage pursuant to a loading/unloading provision in an insured’s policy, the Courts examine whether the action actually occurred during the loading/unloading process. To assist in their analysis, the Courts developed two doctrines to define the scope of loading/ unloading. A minority of jurisdictions rely on what’s called the ‘coming to rest’ doctrine, while the majority of jurisdictions, including New York, rely on the ‘complete operations’ doctrine.

To determine whether a party can access coverage pursuant to a loading/ unloading provision in an insured’s policy, the Courts examine whether the action actually occurred during the loading/unloading process. determining whether an accident occurred within the scope of loading or unloading. It encompasses a broader scope of activity than the “coming to rest” doctrine. Generally, under the “complete operations” doctrine, loading starts when an object leaves its original location and starts towards the insured’s vehicle. Unloading on the other hand, has been held to begin upon the truck driver’s arrival at his destination (though other New York Courts have held that unloading did not begin until items actually stated being removed from the truck).

A review of New York case law demonstrates that, though the Court’s definition of loading/unloading is certainly broad, it is also fluid and sometimes seems to conflict with other decisions in similar cases. Specifically, New York Courts have held that steps to prepare an object to be shipped did constitute loading, whereas disassembling an item in anticipation of shipping it did not.

Ultimately, the question of coverage generally boils down to whether or not an action was necessary to complete the loading/ unloading processes.

Carman Callahan & Ingham, LLP, is the TANY preferred legal provider in the Metro New York area. Brian Berger can be reached at bberger@carmanlawteam.com or (516) 249-3450.

The less-invoked ‘coming to rest’ doctrine states that loading is completed when the goods are loaded onto the vehicle or have come into the immediate vicinity of the vehicle for the purposes of loading, and unloading includes the actual removal or lifting of the article from the trailer. Of the two doctrines, this one encompasses a narrower definition of what activities constitute loading/ unloading.

New York Courts employ what is known as the “complete operations doctrine” when Milepost Magazine • Third Quarter 2016

25

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