Volume LXXVIV | Number 5 | May 2013
PAID
HARRISBURG PA PERMIT NO. 533
PRSRT STD U.S. POSTAGE
The Voice of the Trucking Industry in Pennsylvania
Transportation Attorneys — The Wizards of Navigating the Legal Maze Mobile Technology Bringing Efficiency and Safety Gains
PLUS... Safety Management Council In the Lead for Information, Training, Networking
A TOUGH TRUCK IS YOUR
LIVELIHOOD FOR SOME, IT’S A LIFESAVER
When the military needed a better armored vehicle to protect the troops from mines, our engineers leveraged our truck know-how to develop the life-saving MaxxPro® MRAP. Built on the same platform, this battle-tested durability is available in our best-selling WorkStar® lineup. Built with the strength of a standard huck-bolted chassis, steel cab and MaxxForce® diesel power. Bolstered by the versatility of Diamond Logic® integration and multiple axle configurations. And enhanced by the driver satisfaction that comes with a roomy, quiet cab, redesigned easy-to-read gauges and ergonomic controls. The WorkStar offers the ultimate in durability, versatility and driver satisfaction.
G e t i n o n t h e c o n v e r s a t i o n a t I n t e r n a t i o n a l Tr u c k s . c o m
ALLENTOWN, PA
CLARION, PA
ERIE, PA
JOHNSTOWN, PA
MO
Five Star International
Zacherl International
Five Star International
Tri-County International
De
internationaltrucks.com/dealer/fivestar
internationaltrucks.com/dealer/zacherl
internationaltrucks.com/dealer/fivestar
internationaltrucks.com/dealer/tricountymotors
inte
ALTOONA, PA
CONSHOHOCKEN, PA
FOGELSVILLE, PA
LANGHORNE, PA
MO
Lowe & Moyer International
Bucks County International
Fiv
internationaltrucks.com/dealer/loweandmoyer
internationaltrucks.com/dealer/bucks
inte
Allegheny International
G.L. Sayre International
internationaltrucks.com/dealer/allegheny
internationaltrucks.com/dealer/sayre
BUTLER, PA
CLAIRE, PA
HARRISBURG, PA
LEWISTOWN, PA
NE
Hunter International
Hunter International
Five Star International
Noerr’s International
Ko
internationaltrucks.com/dealer/hunter
internationaltrucks.com/dealer/hunter
internationaltrucks.com/dealer/fivestar
internationaltrucks.com/dealer/noerrs
inte
MONTGOMERYVILLE, PA
PITTSBURGH, PA
SMITHFIELD, PA
WILLIAMSPORT, PA
Del-Val International
Hunter International
Hunter International
Five Star International
internationaltrucks.com/dealer/delval
internationaltrucks.com/dealer/hunter
internationaltrucks.com/dealer/hunter
internationaltrucks.com/dealer/fivestar
MOUNT JOY, PA
READING, PA
WASHINGTON, PA
YORK, PA
Five Star International
Five Star International
Hill International
Five Star International
internationaltrucks.com/dealer/fivestar
internationaltrucks.com/dealer/fivestar
internationaltrucks.com/dealer/hill
internationaltrucks.com/dealer/fivestar
NESQUEHONING, PA
SCRANTON (OLYPHANT), PA
WEST CHESTER, PA
Kovatch International
Stadium International
Ransome International
internationaltrucks.com/dealer/kovatch
internationaltrucks.com/dealer/stadium
internationaltrucks.com/dealer/ransome
Š2012 Navistar, Inc. All rights reserved. All marks are trademarks of their respective owners.
Volume LXXIV | Number 5 | May 2013
DEPARTMENTS: The Voice of the Trucking Industry in Pennsylvania
Chairman's Message ���������������������������������������������������������� 7
Official Monthly Publication of the PMTA
TruckPAC Recognition ������������������������������������������������������ 16
910 Linda Lane, Camp Hill, Pennsylvania 17011-6409 Telephone: 717.761.7122 | Fax: 717.761.8434 Visit our website at www.pmta.org
Seminar Schedule ������������������������������������������������������������ 21
BOARD OF DIRECTORS James Germak, Chairman of the Board Rebecca Summers, First Vice Chairman Stephanie Fleetman, Vice Chairman Timmy Nelson, Vice Chairman Matthew Campbell, Vice Chairman
Membership Reports
President’s Prize ��������������������������������������������������������� 22
Welcome New Members ��������������������������������������������� 22
Crossword Puzzle ������������������������������������������������������������� 24 PMTA Chapter Activities ���������������������������������������������������� 23
John Keagel, Treasurer Gladys Knox, Secretary Calvin Ewell, ATA Vice President Calvin Ewell, Immediate Past Chairman Charles Bernier Joseph Butzer Patrick Meehan Scott Pauchnik Robert Renner J. Harold Summers Ron Uriah Paul Yerk PMTA HEADQUARTERS STAFF James W. Runk, President and CEO Heather Clements, Membership Coordinator 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:
On the Cover Page 14
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.
As drivers focus on navigating the highways, transportation attorneys help to navigate the legal byways.
INSIDE PENNTRUX...
10
18
Mobile Technology
New technology is bringing efficiency and safety gains to the trucking industry.
8
PMTA’s Safety Management Council is in the lead for information, training, networking.
Commercial Vehicle Exception to Limited Tort A lawyer’s perspective on limited tort coverage versus full tort coverage.
17
IUP/PMTA Member Survey There is still time to complete the member survey! If you complete the survery you are eligible to win a prize!
19 20
Safety Management Council
2013 Annual Management Conference A list of the top 10 reasons for attending this year’s conference.
Preventing Bridge Strikes Q & A with the Federal Motor Carrier Safety Administration (FMCSA).
SafetyCheck
Roadside inspectors & auditors understand the updated CSA BASICs.
Do your drivers? Don’t bet the company on it. Play it smart with J. J. Keller’s new CSA: Know the BASICs training program — updated to reflect the December 2012 Safety Measurement System (SMS) methodology changes. This program will teach your CMV drivers: • The 4 components of CSA • The 7 BASICs and how safety-related events are assigned a value
Only
$365
• Ways to prevent “high value” violations • How their performance affects them as drivers
AD-27677
• The FMCSA interventions and their consequences.
Learn more about this and other CSA solutions…
Visit: jjkeller.com/CSA Call: 800-327-6868
1953 •
6 0 Years • 2013
Online and Video On Demand formats also available.
J. J. Keller and your State Trucking Association are partners in compliance
PC 102078
Truck, Trailer & equipmenT aucTion July 19 marieTTa, pa Now Accepting Consignments! Th
Trucks for Sale?
Let Hess Auctioneers turn your excess Trucks, Trailers and Equipment Into CASH! 2013 Consignment Auctions July 19th September 20th December 13th
Absolute/ Reserve Options PA Auction Co. # AY2025/AH1856/VB1159
4 PENNTRUX
1-866-511-2493
www.HessAuctioneers.net
Email: Sales@HessAuctioneers.com
Call Us About our Fleet Dispersal/Liquidation Services
For over 40 years PPC Lubricants has built it’s business by providing unmatched customer support and industry knowledge to our customers in the Commercial, Automotive and Industrial market segments. Over the Road Trucking is a particular industry that we are well suited to support with customized solutions to help your truck and fleet operate at peak performance. With Market Leading Brands like Castrol, Shell, and Citgo PPC Lubricants is able to offer customized solutions for the specific needs of your fleet. In addition to the Oils, Greases Gear Lubricants and Coolants your Trucks need...PPC Lubricants is also one of the largest suppliers in the Mid Atlantic Region of Diesel Exhaust Fluid (DEF) required for use in 2010 engines equipped with SCR technology used for reducing NOx. Call us today to ask how PPC Lubricants can help reduce your overall operating costs.
GREAT WEST’S COLLISION AND REPAIR EXPRESS The Great West C.A.R.E. program. You might wonder SM
why we picked that name. Simple. Care is what we do, and care is what you get with Great West Casualty Company. Let’s say you experience a breakdown or a collision in an unfamiliar area. How do you pick a local repair shop you can trust to do the job quickly, and do it right? That’s where we can help. We have approved lists of quality repair shops and have local adjusters wherever you need assistance. We’ll help you choose the right shop so you can be back on the road in no time. Plus, any time, day or night, you can talk to a real, live person who’ll give you the answers you need. Great West Casualty Company – Because no matter where you are, we’re with you every step of the way.
WE CARE 24/7
GREAT WEST CASUALTY COMPANY
TO FIND AN AGENT VISIT GWCCNET.COM AND CLICK ON “FIND AN AGENT” Not available in all states. All policy terms, conditions, definitions, and exclusions apply to this coverage. Please see your agent for exact provisions.
The Difference is Service
800-228-8053 800-228-8053 gwccnet.com gwccnet.com
PENNTRUX 5
BEST PEOPLE � BEST PRODUCT � BEST PRICE BEST PEOPLE � BEST PRODUCT � BEST PRICE
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
A S S O C I AT I O N S
›
AMERICAN TRUCKING
A S S O C I AT I O N S
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 6 PENNTRUX
1
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
n
o work with the Legislature T and regulatory agencies to foster, promote and preserve a strong economic climate for trucking in the Commonwealth. o partner with the T enforcement agencies to develop and support safety initiatives that protect the motoring public.
Jim Germak, Jagtrux, Inc. MAP-21 and the Broker Burden PMTA has received several calls with questions about MAP-21 and the broker registration mandate and the burden it imposes. As a direct result of the passage of MAP-21, motor carriers will no longer be able to subcontract or subhaul with another motor carrier under their motor carrier authority. Within MAP-21, Section 32915 “Additional Motor Carrier Registration Requirements,” is language that makes it illegal for a registered authorized motor carrier to arrange freight with another registered authorized motor carrier without registering as or using a broker. According to the Federal Motor Carrier Safety Administration, freight forwarders and brokers are required to register with FMCSA. Freight forwarders that perform both freight forwarder services and motor carrier services must register both as a freight forwarder and as a motor carrier. Motor carriers that broker loads, even occasionally, must register both as a motor carrier and as a broker. The inclusion of section 32915 strips flexibility from motor carriers that have been using this industry practice from the beginning of the industry. Carriers of all sizes and in all sectors were allowed flexibility to use the assistance of other carriers to fulfill contracts if they were unable to complete all of the movements with their own equipment and drivers. In an effort to crack down on fraudulent brokers, Congress put a burden on motor carriers. Regardless whether you subcontract out one load per year or one thousand loads per year, MAP-21 considers that “brokering” and illegal without the requisite registration. In addition to registering with FMCSA, carriers must post the $75,000 bond, effective October 1, 2013. The carrier must also have someone on staff with three years of relevant brokering experience, or the ability to prove the equivalent to DOT. What else does FMCSA say about broker and freight forwarder issues? Anyone brokering a load must be registered as a broker, which by definition may only arrange — not perform — transportation unless the person is also separately registered as a motor carrier. A motor carrier that is performing part of the transportation as an interline operation, however, typically performs that service under its own motor carrier operating authority registration or the operating authority of the originating motor carrier. As a result, the motor carrier arranging the interline service in order to perform the transportation service requested by the shipper would not be brokering the load and would not require broker registration. A general freight broker must maintain a surety bond or trust fund agreement in the amount of $10,000 to comply with FMCSA’s financial security requirements and brokers of household goods must maintain $25,000. Beginning October 1, 2013, a broker will need to obtain and file with FMCSA a surety bond or trust fund agreement in the amount of $75,000 to comply with FMCSA’s financial security requirements.
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.
Smaller carriers tend to rely on brokers more often than larger carriers as they have lower lane density and marketing staff. The importance of brokers to smaller carriers is often significant, although the rate levels are inadequate to sustain a carrier. This burden will make it nearly impossible for a small carrier to broker loads.
n
o be available to our T members for personal assistance whenever the need arises.
American Trucking Associations is asking for help in getting legislation that would fix the problem. If you are concerned about protecting the rights of trucking companies to continue subcontracting and subhauling, contact Jon Samson, executive director of the Agriculture and Food Transporters Conference, ATA, jsamson@trucking.org or 703.838.7955.
PENNTRUX 7
Commercial Vehicle Exception to Limited Tort By Jennifer Mulligan, Marcello & Kivisto, LLC
G
rowing up, I was deathly afraid to eat pop rocks and drink soda together because I was convinced Little Mikey from the Life cereal commercials died from the combination. Actually, John Gilchrist (Little Mikey) is currently living in New York. Like most urban legends, it is untrue. An urban legend often heard in the transportation industry is that when a person who has elected the limited tort option is involved in an accident with a commercial vehicle, the injured party automatically has all of the benefits of full tort coverage. I have often heard this referred to as the commercial vehicle exception to limited tort. This however, like most urban legends, is untrue. In 1990, Pennsylvania introduced a choice no-fault law under the Motor Vehicle Financial Responsibility Law Amendment, commonly called Act 6. Under the law, when purchasing automobile insurance, drivers have the option to purchase either full or limited tort. Unfortunately, when purchasing insurance drivers are usually more concerned with the price of the insurance rather than the coverage they are purchasing. Because limited tort coverage tends to be cheaper than full tort coverage, drivers generally choose that option without truly being educated about the differences in the two policies.
8 PENNTRUX
When a person purchases full tort, they are essentially opting not to participate in the no-fault system, and they have the unrestricted rights to bring a lawsuit against a negligent party involved in an automobile accident. A person who purchases a limited tort insurance plan has significantly limited their legal rights. Specifically, a limited tort driver may only sue for economic damages such as medical bills and lost wages. The major distinction between limited tort and full tort is that a limited tort claimant cannot recover for pain and suffering. 75 Pa. C.S. §1705(d) specifically states: “[e]ach person who elects limited tort alternative remains eligible to seek compensation for economic loss sustained in a motor vehicle accident as the consequence of the fault of another person pursuant to applicable tort law. Unless the injury sustained is a serious injury, each person who is bounded by the limited tort election shall be precluded from maintaining an action for any noneconomic loss . . . .” However, there is an exception to this law. If the insured suffers a serious injury from the negligence of another, a limited tort driver will be able to collect pain and suffering. A serious injury is defined as “a personal injury resulting in death, serious impairment of body function or permanent serious disfigurement.” 75 Pa. C.S. §1702.
Saturday, Sept. 15, at the Clipper Stadium in Lancaster. Buffet dinner begins at 6 p.m., and the game starts at 7 p.m. The Lancaster Chapter is subsidizing ticket pricing for the first 750 tickets, so the cost is only $20 for adults and $5 for children aged 5-12. Children under age The standard forwill determining when a 4 are free. The fun include face painting, there is aartist, “serious impairment of bodily balloon truck display, bumper boats and a pictureis: booth. available. if function “(a)Sponsorships what bodyarefunction, To register, go to www.pmta.org any, was impaired because orofcontact the injuries Kelly Hawthorne, 717-492-0743, sustained in a motor vehicle accident? Kelly.hawthorne@fsitrucks.com.
[and] (b) was the impairment of the body function serious?” Lehigh Valley Chapter - In Washington June, the PMTAv. Board of Directors reactivation of the Baxter, 719 A.2d approved 733, 740 (Pa. 1998). Lehigh Valley Chapter. Patrick Meehan from In deciding whether an impairment is Mack Trucks is organizing the reactivation serious, the courts consider “the extent and is looking for information from PMTA of members the impairment, length ofAtime about what the interests them. kick off themeeting impairment lasted, the treatment is planned shortly after Labor Day. For information, contact Meehan at 610-351-8771, required to correct the impairment, and Patrick.meehan@macktrucks.com. any other relevant facts.” Id.
North Central Chapter –to The annual picnictort Additional exceptions the limited is set for Wednesday, Aug. 8, at Haywood’s on option include: (1) if the person at fault the Water, 610 Antlers Lane, Williamsport. is convicted of or accepted ARD for Dinner will be served from 5 p.m. on. Several driving under the influence of alcohol vendors will display tractors and other products. orTickets a controlled substance; (2)reservations if the are $25 per person, and all person fault a motor are firmatand mustisbe“operating paid. You must make your reservation by Aug. 1in For reservations/tickets, vehicle registered another state;” Rodgers at 717-322-6719 (3)contact if the Ralph person at fault “intends toor Jay McCormick at 717-220-6148. injury himself or another person;” (4) if theCentral person at fault has is not maintained Chapter meeting Thursday Aug, 2, at the Original Italian Pizza,(5) 105 Blvd., financial responsibility; inS.aLogan lawsuit Burnham, beginning“in at 6:30 Dean Riland, against a person the p.m. business of PMTA’s Safety Director will give updates on designing manufacturing, repairing, topics including new hours-of-service rules for servicing, or otherwise maintaining motor 2013 and medical card certification through vehicles arising of a defect in on the PennDOT. Otherout discussions will focus motor or (6) a person that topicsvehicle;” and/or speakers members would likewas to see at upcoming Chapter meetings. Please try bringing the lawsuit was “injured while think of whatofwould benefitvehicle the chapter, and thetooccupant a motor other have some ideas ready. Several members of the than a private passenger motor vehicle.” Central Chapter attended a Call on Harrisburg 75recently Pa. C.and S.will §1705(d). I believe that discuss that trip and PMTA many people misinterpret exception six TruckPAC and its importance. The New Chairman of PMTA, Jim Germak of Jagtrux, and believe that if a person who elects has made his immediate to boost limited tortone is ofinvolved in a goals motor vehicle PMTA membership. We will discuss how our accident with a commercial driver, chapter may help with that effort to achieve the limited tort does not apply. However, a Chairman’s goal. For information, contact Matt careful reading of the statute proves that Campbell, mhc@camel-express.com. this is untrue. This exception only applies when the plaintiff was a passenger or driver of a commercial motor vehicle.
PENNTRUX
27
It is important to note that if a person who elects limited tort is involved in an accident with a commercial vehicle, they are still bound to that limited tort unless they meet an exception listed above. An example of a situation that would allow a limited tort plaintiff to collect full tort would be if a plaintiff was involved in an accident with a commercial vehicle registered in New Jersey. Because the commercial vehicle was registered in New Jersey and not Pennsylvania, full tort applies. Another exception is when a person who elects limited tort is involved in an accident with a commercial vehicle registered in Pennsylvania and sustains a serious injury. The limited tort plaintiff may be able to seek damages for pain and suffering if the court finds that the plaintiff suffered a serious injury. Like most urban legends, the commercial vehicle exception to limited tort is untrue. If a limited tort driver is involved in a motor vehicle accident with a commercial driver registered in Pennsylvania, it does not automatically mean that full tort applies. In order to have full tort apply, the injured party must prove an exception to the limited tort option.
PENNTRUX 9
Mobile Technology
Bringing Efficiency and Safety Gains
y
T
he NextGenOBD in the cartoon tells the driver everything he needs to know, and more. Modern mobile technology is a far cry from the first fleet computers, which were basically ruggedized laptops. The path to today’s connected vehicles began 100 years ago, and the path is littered with trials, errors, and dinosaur bones. At the advent of the modern trucking industry in the 1910s and 1920s, truckers focused on one thing – getting deliveries from point A to point B, often driving long hours on poor roads. Beginning in the 1930s, truckers were required to track every hour of every day, using pens and rulers with paper logs. The 1950s brought the Interstate Highway System, and larger trucks were able to travel at higher speeds. Technology entered the cabs in the 1970s. The CB radio and the tachograph were the tools of the trade. Electronics entered the cab in the 1980s. Deregulation dramatically increased the number of trucking companies in operation and competition began in ernest. Trucking’s
performance-driven culture began, inspiring improvements in driver, vehicle and compliance performance. By the late 1980s, advances in technology made it possible and affordable to install onboard computers in trucks. In the 1990s, truck manufacturers began to take advantage of all the information from the engine, and instrument clusters became electronic and attached to the data link. In the 2000s, with advancing mobile communications technology, the trucking industry embraced global positioning systems and integrated messaging systems. Since 2010, technological advances are driving trucking-related business. Mobile technology can turn a fleet into a mobile operations center, with features, applications and technical services that benefit everything from safety to customer service. Last fall, at American Trucking Associations’ Management Conference and Exhibition, officials at a panel discussion said the rapid progression of
“WHO NEEDS A SMART PHONE?”
Used with permission of Transport Topics Publishing Group, Copyright ©2013 American Trucking Associations, Inc.
PENNTRUX 11
onboard technology has transformed the trucking industry. New advances will continue to drive efficiency, technology experts said. One of the panelists was Brett Brinton, CEO of telematics provider Zonar Systems. He predicted that trucks will soon be able to adjust their trucks’ engine settings, such as maximum speed, remotely over the Internet. He said the “networked vehicle” is enabling fleet managers to give truckers real-time feedback on their driving performance.
types of motor vehicles. ATA strongly encourages and recommends that manufacturers of these devices, vehicle manufacturers, policymakers, motor carriers and organizations representing motor carriers and the motoring public promote and adopt awareness, training and safety policies on the use of such technologies — unless required by current laws or regulations — during the operation of a motor vehicle on our nation’s highways.”
Brinton said modern trucks can have about 15 different data feeds from the various onboard technologies. In the future, truck manufacturers will become “mobile data content providers” by consolidating the data and providing them to customers and third-party technology providers. You’ll be able to buy a truck and it will have a system onboard that is networked to the Internet to be able to provide you with data, no matter what telematics you use, no matter what you have in the truck. Thirdparty technology providers will be able to do their jobs better, too.
The Federal Motor Carrier Safety Administration’s Large Truck Crash Causation Study (2006) states that internal distraction was an associated factor in 2% of large truck crashes and inattention in 9%. ATA conducted a survey of its Safety Policy Committee and its Safety and Loss Prevention Management Council Regulations Committee titled “In-Cab Use of Laptops and Other Viewable Non-Integrated Electronic Devices with Viewing Monitors and Keyboards/Keypads.” Results from the completed surveys showed:
The rapid progression of onboard technology has transformed the trucking industry. New advances will continue to drive efficiency. Officials at the American Trucking Associations’ Management Conference and Exhibition
This all helps with efficiency, but what about safety? ATA’s Safety Task Force, convened to consider expansion of ATA’s safety agenda, worked from the empirically based knowledge that traffic crashes are caused overwhelmingly by human error. The most effective safety initiatives and countermeasures are likely to be those that help improve driver performance and behavior. The Task Force made multiple recommendations, including recommendations to improve driver performance. In the report “Expanding ATA’s Safety Agenda,” it said, “The Task Force supports the safe use of technologies and encourages drivers and/or motor carriers to consider a range of policies and safeguards intended to reduce, minimize and/ or eliminate driver distractions that may be cause by the increased use of electronic technologies (e.g., GPH, cellular phones, etc.) during the operation of all 12 PENNTRUX
• 26% of respondents stated they have documentation that e-devices contributed to at least one crash • 52% stated ATA should consider a policy advocating federal regulations restricting the use of all nonintegrated e-devices – 67% cell phones; 53% laptops; 47% PDAs; 7% GPS; 26% other devices • 87% responded that rules/laws involving such e-devices should apply to all vehicles, not just commercial motor vehicles. In a blue paper written by PeopleNet, it said, “Since U.S. traffic deaths leveled off in 1995 after falling for several years, the federal highway safety agency has been finding that technology can address most traffic accidents. And because trucks are involved in 12% of all fatal traffic accidents annually, trucking has to play a major role in adopting preventive technologies.” The paper cites a 148% reduction in fatal crashes per 100 million miles traveled from 1975 to 2007. The improvement indicates that the industry is getting safer; better trucks, safer roads, a higher level of driver professionalism, and more informed fleet management. The common denominator driving these improvements is technology. PeopleNet, a PMTA member company, offers an onboard computer that offers mobile communications, onboard computing and fleet management in one platform. PeopleNet’s Web-based programs offer online mapping, messaging, reporting (driver based, vehicle based, interactive dashboards), online billing usage, alarm notifications, and security. Fleet managers can use the Vehicle Management Comparative Dashboard and drill down a view of a driver’s overall performance and view reports side-by-side for comparison.
The driver messaging includes deferred messages between drivers and dispatchers, email, preprogrammed standardized text messages that can be sent instantaneously between driver and dispatcher, forms messages that automate dialogs regarding everyday work tools like load assignments, routing instructions or proof of delivery.
The in-cab navigation function gives drivers turn-by-turn directions. Other features include the media manager that allows fleet managers to send audio and video messages and PDF documents to the drivers. This also enables them to send documents like permits and training materials that quickly address unsafe driving and other undesirable behaviors.
Dave Kraft, director of industry affairs for PMTA member company Omnitracs, Inc., said some of Omnitracs’ new technology gives drivers critical information in a format that helps minimize distraction. (On April 1, Qualcomm Incorporated moved the assets of Qualcomm Enterprise Services (QES) division into a wholly owned subsidiary. They are branding the business as Omnitracs, Inc., a Qualcomm company. The legal entity name is Omnitracs, Inc.)
More robust technology helps keep trucks, drivers and roads safer. We’ve come a long way since the CB radio.
Omnitracs pioneered an in-motion user interface that is designed to reduce distracted driving by restricting the visual displays drivers can see while the vehicle is in motion. It is based on the driver’s log-in status and disables the ability to type or read messages when the vehicle is moving. It also incorporates a text-to-speech feature so drivers can receive and hear messages safely without having to pull over. Omnitrac’s new Mobile Computing Platform 200 (MCP200) offers the in-motion user interface and textto-speech feature along with other tools to minimize distractions. The analytics manager application converts critical data like road construction, fuel level, and
“Some of Omnitracs’ new technology gives drivers critical information in a format that helps minimize distraction.”
SAFETYBOX is the right equation to help you create unprecedented work processes, efficiencies and overhead cost savings. SAFETYBOX is safety, compliance and risk management software for the transportation, insurance and warehousing industries.
1-800-366-7488 ext. 6206
Dave Kraft, director of industry affairs for Omnitracs, Inc.
location into actionable information with visual tools like dashboards, graphs and tables. The critical event reporting application provides near real-time monitoring and reporting of critical events, such as hard-braking, roll stability, lane departures and driver-initiated alerts. Its hours-of-service application automates driver logs and is compliant with the latest FMCSA rules and regulations. Fleet managers and dispatchers can access driver availability and reports, including duty status, driving time and remaining hours of service. Drivers have an on-board hours-of-service countdown clock. PENNTRUX 13
On the Cover Transportation Attorneys — The Wizards of Navigating the Legal Maze By Douglas B. Marcello, Marcello & Kivisto, LLC
As drivers focus on navigating the highways, transportation attorneys help to navigate the legal byways.
“
What is a transportation attorney?” That was the question my parents asked, relaying the inquiry from their friends who passed our office and saw our sign. The answer is simple in the broadest sense, but the specifics are as varied as the multiple needs of the industry that we serve. In its most basic form, the mission of the trucking industry we serve is to move freight in a truck from point A to point B. Yet this simple purpose is greatly complicated by the numerous laws and regulations that impact this basic function. As you focus on navigating the highways to deliver the goods that we all enjoy, our mission is to help you navigate the legal byways. The method and manner of this movement is controlled by FMCSA regulations and state motor vehicle laws. Accidents give rise to entanglements in the civil litigation system involving bodily injuries, vehicle damages, and/ or freight claims. Beyond these legal impacts unique to our industry, we are subject to the laws as is any business that opens its doors. From wage and hours to OSHA, from EEOC to zoning, America’s businesses run a gauntlet of laws and regulations on a daily basis. As transportation attorneys, we serve these varied needs to protect trucking clients. Our clients range from large national companies to individual drivers. While we are focused in serving but one industry, we share the variety of legal challenges you face on a daily basis. One of our primary services is protection from liability for the accidents that occur. These efforts begin with helping your company develop an accident response plan before the event so that you can seize upon the one advantage we have — immediacy. No one knows about the accident before you do. Our objective is to assist you in maximizing this advantage. 14 PENNTRUX
As we all know, accidents are not a 9-5 event. For transportation attorneys, calls in the middle of the night are part of our lives. I once answered a 2:00 a.m. call from a client by reflexively asking, “How are you doing?” He said, “How do you think I’m doing? I’m calling you at 2:00 a.m.” Good point. An efficient accident response requires prior preparation. For example, the efficiency of that initial call can be greatly increased by providing the key information — location, driver name and cell number, and the power units make, engine manufacture, and VIN number. With this information, we can contact the driver to advise and direct his response. We can mobilize
“As transportation attorneys, we serve varied needs to protect trucking clients. We share the variety of legal challenges you face on a daily basis.” Douglas B. Marcello, Marcello & Kivisto, LLC
the independent adjuster to document the scene and accident reconstructionist to perform the necessary analysis and download the ECM. From the initial response, we assist in responding to the accident by coordinating the identification and preservation of potential evidence. This includes accident scene documentation and preservation of internal documents. If suit is filed, it is our charge to provide a vigorous and aggressive defense of the action. We must disavow those who file suit of the notion that yours is an eighteen-wheel ATM machine.
The combination of industry knowledge and an ongoing relationship empowers us, as transportation attorneys, to focus on the industry specific issues from HOS to vehicle compliance. In an era where plaintiff attorneys seek to prey upon even the most minor of regulation violations, it is vital to have an intimate knowledge of the FMCSA requirements so as to respond to any alleged deficiencies.
PMTA’s Attorney Members The following is a list of attorneys who are PMTA members. Not all focus exclusively on transportation law, but all have expertise in some aspects of it. Abom and Kutulakis, LLP – Jason Kutulakis, Carlisle
Responding to accidents and subsequent suits is but one aspect of the service of a transportation attorney. As transportation attorneys, our efforts are as varied as the challenges you face on a daily basis.
Cipriani and Werner – Matthew Miller, Mt. Laurel, N.J.; Chester Dudzinski, Pittsburgh; Adam Seiferth, Lemoyne
Cargo issues are an important part of our practice. Damaged freight, be it from accidents or in the course of shipment, present financial claims that require a legal response. The time critical nature of these claims demand immediate response with practical solutions.
Eckert, Seamans, Cherin and Mellott, LLC – Frank C. Botta, Pittsburgh; Ervin Eckert, York
Contract drafting and review are another element of our services as trucking attorneys. Shipping agreements will often ultimately define your rights and responsibilities as to freight claims. Because of this, the contract terms must be drafted, or revised, to ensure that you have not committed to more than you have intended.
Goldberg Katzman – Tom Weber, Harrisburg
Towing claims have created a more frequent demand for our services. Aggressive billing by a tower, compounded by impounding the vehicle and freight, requires immediate action to regain the unit and load and to avoid the “storage charges” that are racked up on a daily basis.
Lavery Faherty Patterson – Amy Miller, Harrisburg
Motor vehicle tickets impact both companies and drivers. From overweight to equipment violations, to speeding and reckless driving, motor vehicle tickets are not just costly, but can have residual impacts. Companies must bear the mark on their CSA BASIC. Drivers carry points on their MVR and their PSP score. For that reason, there are no “minor” tickets. They all count. They all present challenges. Tickets are time sensitive. From the tight time schedule for the required response to the hearing date, immediately forwarding any documents that you receive provides the best protection against inadvertently forfeiting of your rights and your money. We also help drivers with their individual issues. Be it property damage or down time claims of owneroperators or other business issues that arise in their dealings with shippers and receivers, we provide assistance and service to help them address these problems.
Colgan, Marzzacco, LLC – David Hershey, Dillsburg
Fineman, Krekstein and Harris – Jay Harris, Philadelphia German, Gallagher and Mertagh – Robert P. Corbin, Philadelphia Hawke, McKeon and Sniscak, LLP – Steven Haas, Harrisburg Johnson, Duffie, Stewart and Weidner – John Statler, Wade D. Manley, Lemoyne Marcello and Kivisto, LLC – Douglas Marcello, Sonya Kivisto, Carlisle Marshall Dennehey – Timothy McMahon, Harrisburg McNees, Wallace and Nurick – Barbara Darkes, Louis A. Dejoie, Kimberly Selemba, Curtis N. Stambaugh, Harrisburg McNerney Page Vanderlin and Hall – Michael H. Collins, Williamsport Pion, Johnston, Nerone, Girman, Clements – James DeCinti, John Pion, Camp Hill Post and Schell – Paul Grego, Greg Hirtzel, Lancaster; Joseph Fowler, Andrew Spaulding, Philadelphia Rawle and Henderson, LLP – Gary Stewart, Harrisburg; James Wescoe, Philadelphia Reger, Rizzo, Kavulich and Darnall, LLP Margaret Morris, Philadelphia Vuono and Gray LLC – William A. Gray, Pittsburgh Wayman, Irvin and McAuley, LLC – Jonathan M. Gesk, Pittsburgh Wick, Streiff ,Meyer, O’Boyle and Szeligo, PC – David O’Boyle, Pittsburgh
PENNTRUX 15
The balance of the services provided by a trucking attorney range from employment law to zoning requirements. If a trucking company confronts an issue, we serve them in dealing with it. Service to the trucking industry extends beyond the provisions of legal representation. Appreciative of the business we receive from trucking companies, we see it as our responsibility to give back. From Saturday morning driver’s presentations to newsletters and law updates, we strive to provide free services that are useful to trucking companies and their drivers. We strive to keep those in trucking up to date and informed so that they can avoid legal entanglements. “What is a transportation attorney?” It is someone that has a narrow focus on an industry, but a breadth of knowledge to address the varied legal needs with which those in that one industry deal. More importantly, it is the honor of serving those that work around the clock to bring our families the goods and services we too often take for granted.
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 Calvin E. Ewell Stephanie Fleetman Samuel Lansberry
Richard Adams Mellon J. Harold Summers Rebecca Summers
Gold ($500-$999) Joseph A. Butzer and Elizabeth A. Hamilton John Conrad Kenton J. Good Michael and Debbie Herr Charles L. Whittington Gladys Wright Knox
Silver ($250-$499) Harvey Daniel Alderfer Drew and Kerri Behmer Larry D. Bender Ronald and Pamela Bowman Harold L. Brake James M. Garber
James Germak Karl Gontkof Ken and Cindy Kametz Michael Redden W. Robert Renner
Bronze ($25-$249) Douglas B. Marcello, pictured at PMTA’s Truck Driving Championships, is a transportation attorney with Marcello and Kivisto, LLC, Carlisle. Founded in 2005, M&K, LLC is dedicated to and focused upon transportation law and the needs of their transportation clients.
Paul Berg James Michael Boring J. Daniel Frock Richard and Alma Galasso Kelly S. Hawthorne Dennis R. Howell Wayne E. Inners George Kress Christian Manna
Gerald J. Manna Earl R. Martin Landis Martin Jay H. McCormick Craig Risser David Spera Gary E. Whistler Barry and Karen Young
This list includes contributions from January 1 through April 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.
16 PENNTRUX
IUP/PMTA Member Survey There is still time to complete the member survey! If you complete the survery you are eligible to win a prize!
I
n the event you have not had the opportunity to participate in the PMTA survey, we are hoping you will take a few minutes out of your day to provide this important feedback. The Indiana University of Pennsylvania (IUP) Small Business Institute (SBI) is conducting the survey on behalf of PMTA to determine how they can improve their services and increase the value they can provide to members. As a member and foundation of PMTA, you know what issues are most important to you and your organization and how well PMTA is performing. By participating in this survey, you will allow PMTA to best represent your business and the trucking industry as a whole. All responses are anonymous. PMTA will receive results in summary form only.
All members who participate will be entered in a drawing for an iPad mini, Sheetz gift cards and other great prizes. You should have received an email with a link to the survey site. Your participation will be very much appreciated by PMTA and the IUP faculty/student team who are administering this survey as part of their graduation requirement. This survey should take fewer than ten minutes to complete. Please take time now to do so. Thank you. https://iup.qualtrics.com/SE/?SID=SV_4HpwkVGqsaaUBwx
PENNTRUX 17
Safety Management Council in the Lead for Information, Training, Networking • Industry and Public Relations • Operations • Recognitions and awards, including Fleet Safety Award, Driver of the Month, Driver of the Year, and the Ed Gogolin Award (to an individual demonstrating significant contributions, commitment and untiring dedication to the field of safety).
Safety Management Council 2013-2014 officers are, seated from left: Kevin Stewart, corresponding secretary; Sonya Kivisto, chairman; Rita Germak Swisher, recording secretary. Standing, at left, Phyllis Wells, treasurer, and Mark Laurusevage, first vice chairman. Michael Lockhart is second vice chairman.
S
afety is by far the primary goal of any successful trucking company. Keeping up with new and changing regulations and learning about new technologies is difficult without expert help. That’s where PMTA’s Safety Management Council comes in. All PMTA members have the opportunity to join one of the top safety programs in the state, Safety Management Council. There is no additional fee to join SMC. SMC meets on the third Thursday of each month from September through May. Guest speakers discuss relevant safety concerns such as FMCSA regulatory changes, snow removal, loss prevention, roadside inspections, and maintenance. Speakers come from USDOT, PUC, PennDOT, OSHA and other organizations. As an SMC member who attends the monthly meetings, you will know the issues before your drivers run into problems on the road. Another great benefit of SMC is networking with your peers from other companies and learning from each other. Sometimes talking about your experiences is the best way to learn best practices, and SMC meetings give you that opportunity. SMC has several committees:
• Safety Education Unit • Truck Driving Championships • Youth Safe Driving Competitions 18 PENNTRUX
With two safety professionals on staff, Dean Riland and Kevin Stewart, PMTA has one of the top safety programs in the nation. SMC is part of that program. Join now, whether it’s to serve on a committee, attend the meetings, or meet other safety professionals. Contact Kevin Stewart at PMTA, 717.761.7122, or kstewart@pmta.org.
SMC Officers and Board Members SMC recently elected new officers for 2013-2014. They are as follows: President – Sonya Kivisto, Marcello and Kivisto, LLC First Vice Chairman – Mark Laurusevage, Great West Casualty Co. Second Vice Chairman – Michael Lockhart, Klapec Trucking Co. Recording Secretary – Rita Germak Swisher, Jagtrux, Inc. Corresponding Secretary – Kevin Stewart, PMTA Treasurer – Phyllis Wells, H.R. Ewell, Inc. Members of the board are as follows: Douglas Marcello, Marcello and Kivisto, LLC, past chairman LoriAnn Bashore, Empire Kosher Poultry, Inc. Carla Brodbeck , Brodbeck’s Safety Solutions, LLC Dave Foughty, Con-way Freight Steve Freysz, Lester R. Summers, Inc. Bill Graham, retired Ken Martin, Lawn Care of Pa. Larry R. Moul, retired Daryl Phipps, New Enterprise Stone and Lime Co., Inc. Aaron Rensel, Talon Logistics, Inc. Michael Smucker, New Penn Motor Express, Inc. Ron Uriah, Pitt Ohio Woody Yarwood, retired Dean Yockey, Pitt Ohio
2013 Annual Management Conference
Top 10 Reasons for Attending P
MTA’s 2013 Annual Management Conference is May 16-18, about a month away. It is packed with education and social activities that will give you tools and connections. But still, it can be a tough call deciding to go to a conference. There’s the investment of time as well as money to think about. Being with like-minded people can have a positive impact on your business. But other than sitting in sessions, most of us aren’t sure what we can be doing to grow your business while at an event. We found this list of the top 10 reasons to invest in a live conference.
10. Get out of the office. Who doesn’t want to get out of the office from time to time? Living only in an office has its perks, but getting out can be good for you, your co-workers, loved ones, and yes, your business.
9. Minimized distractions. Whether attending a session and learning or talking with other attendees or presenters, it’s very difficult (and impolite) to multi-task. When you’re sitting at a webinar or teleconference, no one knows if you’re checking emails, texting, reading something else, or even talking to someone. That fragments thinking and hinders meaningful productivity.
8. Face to face always trumps digital encounters. Good, better, best. It is good to connect over email, it is better to connect over the phone, but the best way to connect is face to face, and always will be. People are not avatars. 7. Meet industry leaders. If you aren’t a leader in your industry, one way to become one is to meet those who are. At PMTA’s conference, the presenters will be available to chat and answer questions. ATA Chairman Mike Card will be at the conference the entire time. Talk to him. Talk to the experts.
6. Learn current strategies that are working. At events, people tend to loosen up and will often share from their
portfolio of ideas, like strategies that are performing, or bombed.
5. Being around like-minded people is inspiration. This is self-explanatory and especially true in the trucking community. We all need inspiration from time to time. 4. Make connections for others. One meeting attendee told the story of how he met someone who had a unique market they were going after. He happened to know someone who had a passion for the same market, with many years of experience. It was clear they would not be competitors. He introduced them and stepped aside. They hit it off right away. Making connections is not only helpful for the connected, but it is also fun for the facilitator. 3. Build your Rolodex. It’s important to build a Rolodex, even if it’s really your Smartphone contact list. This can be the most valuable asset to any business.
2. Opportunity for partnerships. This is huge. Meeting like-minded people not only inspires, but it creates an opportunity to build partnership and joint venture opportunities. Joint ventures and partnerships can have a dramatic impact on your business. 1. The best ideas come when you least expect it. The human mind is an amazing organ. It is always working, even though we may not be “working.” Some of the best strategic ideas come when you are in the shower, mowing the lawn, or running errands. Events provide a sort of down time that can till the soil of brilliance. As John Reese said well, the money is not in the doing, but in the strategy. There is still time to register for the conference. Go to www.pmta.org, community calendar, PMTA headquarter events, and click on “register” for the Annual Management Conference. Or call PMTA at 717.761.7122. PENNTRUX 19
SafetyCheck Preventing Bridge Strikes — Q & A with FMCSA B
ridge strikes by large trucks and buses are a serious safety hazard resulting in injury and loss of life, damage to infrastructure, interruption of commerce, and delays in travel times. The Federal Motor Carrier Safety Administration (FMCSA) believes bridge strikes are avoidable through better awareness of route restrictions — by paying closer attention to road signs and by using only those electronic navigation systems intended for trucks and buses. The FMCSA wants to ensure that its state and local law enforcement partners understand that a driver may be fined for failing to comply with posted road signs, and that the citation may be recorded against a motor carrier’s Safety Measurement System scores. The agency will continue to work with its state partners and the truck and bus industries to prevent bridge strikes. These efforts will include distributing FMCSA’s new visor card “GPS Selection Guide for CMVs.” The agency will also work with commercial driver training school associations to encourage them to include electronic navigation system selection information in their training programs. And FMCSA will consider electronic navigation system selection as it prepares to move forward with the entry-level driver training rule required by the Moving Ahead for Progress in the 21st Century (MAP-21) reauthorization legislation. Here are some Q & A on the topic from FMCSA:
Q A
What tips is FMCSA providing for the safe use of GPS navigation systems? Select an electronic navigation system intended for use by truck and bus drivers. Before drivers begin their trip, they should type in all relevant information about their vehicles so the system can provide the appropriate route. Follow the route recommended by the navigation system, but ALWAYS obey traffic signs and advisories (such as low bridge overpasses, axle weight limits, detour signs, variable message signs, etc.). If your navigation system does not provide automatic updates of the maps, be sure to obtain updates to ensure you are following the most current route planning information.
20 PENNTRUX
Q A Q A
What is the penalty for failing to comply with a posted route restriction along a roadway? The maximum penalty is $11,000 for a company, $2,750 for a driver. May a commercial motor vehicle be penalized for failing to comply with a posted route restriction, such as a sign along a roadway? Yes. A driver may be cited for failing to operate a commercial motor vehicle in accordance with the laws, ordinances, and regulations of the jurisdiction in which it is being operated as required under 49 CFR 392.2. Further, a conviction of failing to obey a traffic control device would be counted against a motor carrier’s Compliance, Safety, Accountability score.
Q A
How often do trucks crash into bridges or have other incidents related to the use of navigation systems intended for passenger car drivers? FMCSA’s information systems do not have crash statistics associated with the use of electronic navigation systems. However, even one truck or bus striking an overpass is one too many, which is why the agency is taking action to ensure professional truck and bus drivers know the importance of selecting the right navigation system.
Q A
Why is FMCSA concerned about truck and bus drivers’ use of GPS navigation systems? FMCSA believes the information concerning commercial vehicles crashing into bridges suggests that some drivers may have used electronic navigation systems intended for passenger car drivers rather than truck and bus drivers. The Agency is working with its State partners and industry to make sure professional truck and bus drivers recognize the importance of using navigation systems intended for commercial vehicles. These navigation systems provide truck and bus drivers with important route restrictions, such as low bridge overpasses.
PMTA 2013 Seminar Schedule Recognition of Substance Abuse Training for Supervisors – Presented by PMTA Seminar includes discussion and videos to help in determining reasonable suspicion of alcohol misuse and/or use of controlled substances by employees. The training meets the federal requirements of Part 382.603 – 3 HOURS
Tuesday, October 29, 2013 – 9:00 am – 12:00 pm $100 – member $185 – non-member Hours-of-Service Compliance Seminar – Presented by PMTA Seminar includes review of 49 CFR, Part 395, related interpretations and exemptions, along with work projects on familiarization and auditing a driver’s Record of Duty Status (logbook) – 5 HOURS
Tuesday, October 22, 2013 – 9:00 am – 3:00 pm $150 – member $225 – non-member DOT Compliance Seminars – Presented by PMTA Attending this class will better prepare you for compliance to CSA. The seminar will include discussion and overview of state and federal laws and regulations governing the motor carrier industry and commercial motor vehicles e.g. driver qualifications files, commercial driver licenses, hours of service, drug and alcohol tests, etc. Each attendee will also receive the management edition of the current FMCSR Handbook.
Tuesday, September 17, 2013 – 9:00 am – 4:00 pm Tuesday, November 19, 2013 – 9:00 am – 4:00 pm $150 – member $225 – non-member Motor Fleet Safety Basics/Managing Motor Fleet Safety Programs – Presented by NATMI This is a comprehensive course on all aspects of fleet safety.
October 1 – October 5, 2013 – 8:30 am – 5:00 pm $1475 OSHA General Industry Outreach Training Program – Presented by PMTA and Great West Casualty Company The program is intended to provide instruction on a variety of general industry safety and health standards. This is a 10 hour certificate course. Course completion cards do not expire.
Required 2-day attendance Thursday, September 26, 2013 and Friday, September 27, 2013 – 9:00 am – 3:00 pm $225 – member $325 – non-member All seminars are presented at PMTA Headquarters, 910 Linda Lane, Camp Hill, PA 17011 unless otherwise noted For any questions or REGISTRATION FORMS, call PMTA at 717.761.7122 or e-mail Carol at csmore@pmta.org Register online at www.pmta.org/seminar
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 21
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, 2012 to April 30, 2013). 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 April 1, 2013
Sponsor Company Chapter Total Carl Rost
Insurance Office of America Phila/Del Valley
3
Richard Smith
Richard W. Smith, Inc.
3
Launce Soult
Soult Wholesale Co.
3
Karen Young
H.R. Resolutions, LLC
South Central
3
Kenneth Gray
Dean Transportation, Inc.
Phila/Del Valley
2
Ken Kametz
Hunter Keystone Peterbilt
Lancaster
2
Ralph Rodgers
Nittany Oil Company
North Central
2
Matt Campbell
H.F. Cambell & Son
Central
2
Rebecca Summers K&B Summers, Inc.
Lancaster
2
David Schafer
York Container Co.
York/Adams
2
Lisa Natt
City Delivery Svc. Inc.
Northeast
1
Rick Daley
Tri-State Trailer Sales, Inc.
Southwest
1
Phila/Del Valley
Jared Dyer PPL Central 1
Welcome New Members PMTA takes pleasure in welcoming the following new members who have enrolled in April 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) Greg Fasolt Advanced Industrial Services, Inc., York (York/Adams)
Chuck Cavanagh FleetNet America, Inc., Cherryville, N.C. (Out of State)
Jennifer Barnard Fleetmatics, Charlotte, N.C. (Out of State)
Roger Davis Davis Management Group, Inc., Dover (York/Adams)
22 PENNTRUX
Noushin Sprossel PPL, Allentown (Lehigh), secured by Jared Dyer
Donald Cox Kirk Trucking Service, Inc., Delmont (Southwest)
Member of the Month Congratulations to Richard Smith chosen as PMTA’s April Member of the Month. Richard is a member of the Philadelphia/Delaware Valley Chapter, and we all applaud his 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 The Southwest Chapter board will meet on Monday, May
The 2013 Pennsylvania Truck Driving Championships are
The Southwest Chapter is hosting a roundtable discussion
Thursday, May 9, at the Radisson Penn Harris in Camp Hill.
6, at the Village Tavern and Trattoria, 424 South Main Street, Pittsburgh, at 6:00 p.m. The June chapter board meeting is June 3, same location and time. on DOT updates on Thursday, May 2, from 11 a.m. to 3 p.m. at Cranberry Highlands, 5601 Freshcorn Road, Cranberry Township. Guest speakers are Kevin Stewart and Dean Riland from PMTA. Cost is $45 per person. Contact Mary Louisa Benny at 412.823.1818.
The Southwest Chapter annual golf outing is Tuesday, May 28, at Valley Brook Country Club in McMurray. Cost is $175/golfer or $650/foursome. Contact Mary Louisa Benny at 412.823.1818 for information and to register.
The 63rd annual Philadelphia/Delaware Valley Chapter
summer outing and golf tournament is Monday, June 3, at Plymouth Country Club, Plymouth Meeting. This outing is one of the top events the chapter hosts each year. Proceeds fund the chapter’s scholarship program. The day begins at 11:30 a.m. with a shotgun scramble. The famous clam and rib bar and putting contest begin at 4:30 p.m., and dinner is at 6:30 p.m. The chapter is also looking for tee sponsors, raffle sponsors, event sponsors, door prize donors and display units. Cost is $160 for golf and dinner or $50 for dinner only. This event typically sells out, so make your reservation soon. Contact Dave Spera, dspera@comcast.net, for information and to register.
June 7-8 at Harrisburg Area Community College. Watch for details soon, or call PMTA at 717.761.7122.
The 2013 Pennsylvania Youth Safe Driving Competition is
The 2013 TruckPAC golf outing is Wednesday, September
25, at Armitage Golf Club in Mechanicsburg.
PMTA’s Safety Management Council meets monthly on the third Thursday of each month. The next meeting is May 16. For more information, contact Dean Riland at PMTA, driland@pmta.org York/Adams, Lancaster, and South Central PMTA are
hosting the 1st Annual May Mixer Event by the Susquehanna River on Thursday, May 23, 2013 at 6:00 p.m. (rain or shine). The event is being held at John Wright Restaurant on 243 North Front Street, Wrightsville, PA 1736. There will be music, dancing, hors d’oeurves, and a cash bar. The cost is $15 per person at the door. Guests are welcome. Please RSVP to Carrie Schweitzer by emailing yorkadamspmta@comcast.net or calling 717.757.7611 ext. 149 no later than Tuesday, May 7, with your intention to come and the number that will be attending. Visit www.johnwrightrestaurant.com for directions.
The York/Adams Chapter’s board of directors met May 1.
The chapter is participating in a joint food drive with South Central and Lancaster to benefit the Central Pennsylvania Food Bank and Hurricane Sandy victims. Details to be announced.
The York/Adams Chapter golf outing is Friday, June 14,
at Outdoor Country Club in York. The event begins at noon. For information or to register, contact Carrie Schweitzer, secretary, at 717.757.7611, ext. 149 or YorkAdamsPMTA@comcast.net.
PMTA’s Call on Washington is June 4-6. Join us in
Washington to help educate legislators about the industry’s priorities and how legislation impacts your business. American Trucking Associations makes the appointments and briefs participants. All you do is show up and talk about your business. Contact Nancy Wilkes at nwilkes@pmta.org or 717.761.7122 for information or to register.
Safety Management Council Presents:
2013 Truck Driving and Step Van Driving Championships June 8 & 9 Harrisburg Area Community College This event challenges the best of the best drivers who compete for the title of State Grand Champion. Champions in each category move on to represent Pennsylvania at the National Truck Driving Championships in August. Deadline to enter drivers is Wednesday, May 1. Drivers must have appropriate CDL and endorsements for the class entered. You may also become a sponsor or advertise in the program book.
For more information, call 717.761.7122 or visit our website, www.pmta.org.
PENNTRUX 23
PennTrux May Crossword By Myles Mellor Myles Mellor is one of the top crossword writers in the world, publishing more than 100 crosswords and puzzles each month. He has published over 6,000 by crosswords in newspapers, magazines, electronic devices and websites in the U.S. and internationally and has Crossword Myles Mellor published numerous crossword books in Barnes and Noble and Books a Million stores nationwide.
Across
1
2
3
1. Low overpass 8. Hear, on the radio
14
15 18
20
12
7
8 13
16
17
22
24
25 31
35
20. ___ scene
39
21. Fix
36
26
45
23. Room
48
27
32
28 33
37
42
39. Harvey or McQueen 41. Move in the right direction 42. Southern US area 47. Nurse, abbr. 48. Romance problem (4 words) 52. Still 53. Curves
46
50
52 53
54
13. Sudden stop device (2 words) 15. Ireland 19. Prettiest girl at the pickle park 23. Engine, transmission, etc (2 words) 26. ___ to the bone.... 27. __ luck (fortunate) 29. Take advantage of 30. Try out 31. 5, 10, 405, 40 etc 34. B__ : snake that squeezes 36. Pronoun
Down
40. Takes a big drink
2. Danger 3. Alien who was too good for earth? 4. Go bad 5. Shift time (2 words) 6. Rare or medium request 7. Horror writer, Edgar Allen 9. Motorcycle cop (2 words) 10. _____ Wheel 24 PENNTRUX
37. Apple lover 43. Engineer, for short 44. Three times 45. Untangle your hair 46. ____ lock brakes 49. That is, abbr. 50. Itch-making cab companion 51. Agree silently
44
47
49
54. Checked over
1. Trucking permit papers in different states (2 words)
34
43
28. Tighten when needed
38. Bear ____ (police stations on the route)
30
40
24. Tire filler
35. Sent on different route
29
38
41
22. ____ in the chips!
33. Racket
10
23
18. Tool ____
32. Mini truck
9
19
17. Intelligent Transportation Systems, abbr.
25. Alabama city
6
21
14. Front of a trailer 16. Group of three axles on a truck
5
11
11. Best 12. Sea food delicacy
4
51
Sentry Insurance and Agency Name:
WITH YOU FOR THE LONG HAUL We understand that trucking isn’t just a business. It’s a way of life. Protecting your truck and keeping it on the road is your number one priority. It’s our number one priority, too. That’s why we offer more coverages – so you can choose what works best for you.
Sentry Insurance Pennsylvania Sales 1-877-832-1835 transportation_agentsupport@sentry.com Property and casualty coverages are underwritten by a member of the Sentry Insurance Group, Stevens Point, WI. For a complete listing of companies, visit ForTruckersOnly.com. Policies, coverages, benefits and discounts are not available in all states. See policy for complete coverage details. 75-590F
958461 07/17/12