PennTrux l Volume LXXX Number 3 l April 2014

Volume LXXX | Number 4 | April 2014

The Voice of the Trucking Industry in Pennsylvania

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PENNTRUX 1

Volume LXXX | Number 4 | April 2014

DEPARTMENTS: Chairman's Message ���������������������������������������������������������� 5

The Voice of the Trucking Industry in Pennsylvania

TruckPAC Recognition ������������������������������������������������������ 23

Official Monthly Publication of the PMTA

2014 Membership Application ������������������������������������������ 17

910 Linda Lane, Camp Hill, Pennsylvania 17011-6409 Telephone: 717.761.7122 | Fax: 717.761.8434 Visit our website at www.pmta.org

2014 Seminar Schedule ��������������������������������������������������� 21

BOARD OF DIRECTORS James Germak, Chairman of the Board Rebecca Summers, First Vice Chairman Stephanie Fleetman, Vice Chairman Matthew Campbell, Vice Chairman

Membership Reports

President’s Prize ��������������������������������������������������������� 22

Welcome New Members ��������������������������������������������� 20

PMTA Chapter Activities ���������������������������������������������������� 23

John Keagel, Treasurer

Word Search ��������������������������������������������������������������������� 24

Gladys Knox, Secretary

Calvin Ewell, ATA Vice President

Last Month’s Answers ������������������������������������������������ 24

Calvin Ewell, Immediate Past Chairman Paul Berg Charles Bernier Joseph Butzer Mark Giuffre Douglas Marcello Patrick Meehan Eric Moses Scott Pauchnik Ron Uriah PMTA HEADQUARTERS STAFF James W. Runk, President and CEO Erin Guthier, Bookkeeper Wendy Palermo, Title and Registration Agent and Member Services Dean Riland, Assistant General Manager Carol Smore, Event Coordinator Kevin Stewart, Safety Director Nancy Wilkes, Communications Director PennTrux editor: Nancy Wilkes (nwilkes@pmta.org) Published by:

717.238.5751 Sarah DiCello, Publications Manager (sarah@thinkgraphtech.com) For Advertising Information: Alexis Kierce, Account Manager (alexis@thinkgraphtech.com) PMTA is an affiliate of the American Trucking Associations Annual PENNTRUX subscription rate for members of PMTA is $8.00; included in dues.

On the Cover Page 18

Many in the trucking industry aren’t sure what the definition of a motor carrier vehicle is. We’re offering a primer on what vehicles must comply with what safety regulations.

INSIDE PENNTRUX...

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12

Safety Management Council’s First Safety Conference Exceeds Expectations More than 170 safety professionals and 18 safety service providers participated in the event.

8 11 14

86th Annual Management Conference Explore the art of storytelling at PMTA’s 2014 Annual Management Conference May 1-4 at Skytop Lodge in Skytop, PA.

How to Use a Workers’ Compensation Judge’s Holding as a Shield in Civil Litigation A lawyer written article about the complexities surrounding a workers’ compensation claim.

SafetyCheck

Proposed Rulemaking Requires ELDs The FMCSA recently announced a proposed rulemaking requiring interstate commercial truck and bus companies to use Electronic Logging Devices (ELDs) in their vehicles.

Pennsylvania Court Allows Punitive Damages Claim Against Trucking Company A lawyer written article about a recent case which allowed punitive damages to be assessed against a Pennsylvania trucking company.

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4/18/11 2:35:29 PM 4/18/11 2:35:29 PM

A Word From The Chairman PENNSYLVANIA MOTOR TRUCK ASSOCIATION

MISSION STATEMENT The Pennsylvania Motor Truck Association was organized to promote the common business interests of persons engaged in the motor transportation industry. It is dedicated to effectively representing the concerns of the trucking industry to members, government and regulatory agencies, and the general public.

PMTA has further pledged to assist member companies in managing the impact of change in the trucking industry, and to enhance the professional and economic growth of its members.

The Pennsylvania Motor Truck Association’s primary functions are as follows: n

o work with the Legislature T and regulatory agencies to foster, promote and preserve a strong economic climate for trucking in the Commonwealth.

n

o partner with the T enforcement agencies to develop and support safety initiatives that protect the motoring public.

n

o provide a forum for T continuing education through seminars, workshops and conferences.

n

o disseminate positive T industry information to the press promoting the industry.

n

o be available to our T members for personal assistance whenever the need arises.

Jim Germak, Jagtrux, Inc. Trucking Calls on Lawmakers to Make Roads Safer and Economy Stronger Next month, we will elect the candidates for Pennsylvania’s governor and 50% of the seats in the House and Senate. The primary election is crucial this year, and we have to take care to support the candidates that understand the trucking industry and support our initiatives and viewpoints. One way to get to know the candidates for governor is to host a meeting. Andy Goodman of Milliron and Associates is working to set up a meeting with the Democratic candidates for governor before the May 20 primary. By asking the same questions to the candidates at the same time, we would be able to make some decisions on who would be best for this industry in Pennsylvania.

At the March 14 PMTA Board of Directors meeting, we discussed the five gubernatorial candidates as well as the people running for the vacant seats in the House and Senate.

Andy asked us to think about something. If you could challenge a law, what would it be? What law would you change to make business friendlier to you or your drivers? We stepped up to the transportation funding issue, and we’re recognized for our strong voice on Capitol Hill. Let’s take advantage of some of the good will we’ve cultivated and get something done for the membership. Think about what changes you would make. Would you create a deputy secretary of transportation who is focused solely on trucking? Would you provide incentives for clean vehicles or a workers’ compensation review? What about tolling interstates? I challenge you all to think about this and let us know your thoughts. We will keep you posted on the meeting with the candidates. Some of the candidates would probably be willing to attend a Chapter meeting as well.

Eight PMTA members are making a call on Washington April 1-3. They have meetings with Rep. Bill Shuster, chairman of the House Transportation Committee, Anne Ferro, administrator of Federal Motor Carrier Safety Administration, as well as other legislators.

The goal of these meetings is to promote the trucking industry’s agenda for improving the nation’s economy and making our highways safer. Our priorities are stabilizing revenue for funding the nation’s roads and bridges, increasing truck productivity, action on the hours-of-service rules, and improving government data and databases, from CSA to security screenings and background checks to completing the long-overdue Vehicle Inventory and Use Survey. Next month we’ll report on how these important meetings were.

It is vital that we work with lawmakers and policymakers in Pennsylvania and Washington to continue to make our roads safer and improve the flow of goods in our economy.

PENNTRUX 5

Safety Management Council’s First Safety Conference Exceeds Expectations The first presenter was Dennis Shinault, director of loss prevention for Baldwin and Lyons. He discussed common OSHA errors and challenges in trucking and said OSHA is definitely ramping up to do more trucking company inspections. Too many motor carrier safety directors focus on Department of Transportation inspections, and OSHA/workers’ comp is secondary.

More workers are hurt or killed in motor vehicle collisions than any other cause in the work place, he said. Shinault discussed the 10 most cited OSHA violations in trucking companies and suggested ways to avoid them.

Vendors at the safety conference were pleased the attendees had time to visit each exhibit.

M

ore than 170 safety professionals and 18 safety service providers armed themselves with resources to face the complex challenges besetting the trucking industry. They were part of the first Safety Management Council safety conference, held March 18 at the Radisson Penn Harris in Camp Hill. Billed as “Meeting the Challenges of Safety in 2014 and Beyond,” the conference was meant to give safety professionals the tools they need to jump regulatory hurdles and help their companies succeed in the ever-shifting compliance landscape.

After attendees visited the 18 vendors at the start of the conference, Safety Management Council chair Sonya Kivisto of Marcello and Kivisto described the committees and their responsibilities. The operations committee prepares the budget. The fleet committee coordinates the use and maintenance of SMC’s trailers.

The Truck Driving Championship committee plans and executes the annual event, from securing volunteers to designing the driving course. The recognition and awards committee manages the Fleet Safety Awards, Gogolin Award, and driver of the month/driver of the year programs. The industry and public relations committee’s main function is the commercial motor vehicle familiarization program for the Pennsylvania State Police cadets and the Share the Road programs.

The newly formed safety conference committee planned the March 18 event.

6 PENNTRUX

Lt. Ray Cook, division director, and Douglas Kemp, program administrator, Pennsylvania State Police Commercial Vehicle Safety Division, discussed roadside inspections and the top violations found. Last year, Pennsylvania State Police conducted 131,156 roadside inspections; of that total, 4.29% were driver out of service violations, and 12% were vehicle out of service violations. In Pennsylvania, 51% of inspections did not result in any violations being cited.

Kemp said the challenge is that roadside inspection violations remain on a carrier’s profile for 24 months.

As a matter of current policy, Pennsylvania State Police will only review DataQ challenges submitted by drivers within 30 days of the inspection date. Carrier challenges will only be considered if they are within 12 months of the date of inspection. This is changing. Effective April 1, 2014, FMCSA will require states to accept carrier and driver data challenges for up to three years after the inspection. States must also accept challenges resulting from crashes for up to five years. A future proposed change may allow carriers and drivers to file challenges if their citations have been discharged from court.

Ron Uriah, vice president of risk management for Pitt Ohio, described Safety Box, software designed for truckers to manage DOT regulatory compliance, accident management, workers’ compensation, CSA, training, awards, recruitment, and more.

The keynote speaker, Larry Minor from Federal Motor Carrier Safety Administration, had to cancel at the last minute. Fortunately, SMC member Douglas Marcello of Marcello and Kivisto was present and happened to have his laptop loaded with slides for a presentation he had

done for New York State Motor Truck Association. So he came to the rescue and presented Trucking Defense 2.0. He said trucking companies need to change the way they react after an accident. Instead of looking at it like a process, you should look at it as a purpose. It’s about persuasion, and you must develop persuasion before the accident, after the accident, and during a lawsuit. An accident response plan must be done ahead of time, and it must involve drivers and dispatchers.

SMC member Steve Freysz of Lester Summers Trucking is chair of the safety conference committee.

He said everyone is well pleased with the conference.

Attendance and vendor participation exceeded expectations. “The vendors appreciated the chance to talk to all the attendees. The attendees learned valuable information to take back to their companies. Everyone enjoyed meeting other people who share the same concerns and interests. It was a great day,” he said.

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                

More than 170 safety professionals attended the Safety Management Council’s first safety conference, a full day of educational speakers and networking.

 

  

Presenters were from left: Ron Uriah, Pitt Ohio; Dennis Shinault, Baldwin and Lyons; Douglas Kemp, Pennsylvania State Police; Kevin Fischer, Pennsylvania State Police, not a presenter but participating in the question and answer session; Douglas Marcello, Marcello and Kivisto. Lt. Ray Cook, Pennsylvania State Police, was also a presenter.

Steve Freysz of Lester R. Summers, Inc., is chair of the SMC safety conference committee.

PENNTRUX 7

How to Use a Workers’ Compensation Judge’s Holding as a Shield in Civil Litigation

By Jennifer Mulligan, Marcello and Kivisto

Y

our company is being sued for injuries suffered in an accident. The person suing was working at the time. He submitted a workers’ compensation claim, asserting that he suffered a long list of injuries and is entitled to prolonged lost wage payments. The workers’ compensation judge rejects virtually all of the injuries as unrelated to the accident and limits the time that he receives lost wage compensation.

He now comes after your company for the same multitude of injuries and lost wages that had been limited by the workers’ compensation judge. You can take advantage of the workers’ compensation ruling to limit the damages claimed against you by utilizing the doctrine of collateral estoppel.

What is collateral estoppel (issue preclusion)?

Collateral estoppel is a shield that is often overlooked.

The doctrine of collateral estoppel “prevent[s] a question of law or an issue of fact which has once been litigated and adjudicated finally in a court of competent jurisdiction from being [re-litigated] in a subsequent suit.” Capobianchi v. BIC Corp, 446 Pa. Super. at 137 (Pa. Super. Ct. 1995) appeal denied 544 8 PENNTRUX

Pa. 599 (Pa. 1996) (quoting Day v. Volkswagenwerk Aktiengesellschaft, 318 Pa. Super. 225 464 A.2d 1313, 1318 (Pa. Super. 1983). “Pennsylvania courts apply the doctrine of collateral estoppel where an agency, acting in a judicial capacity, resolves certain disputed issues of fact that the parties had an opportunity to litigation.

The doctrine is applicable to workers’ compensation proceedings.” Jones v. Prudential Realty Co., 2005 Pa. Dist. & Cnty. Dec. LEXIS 402, *6 (Pa. County Ct. 2005); see also Grant v. GAF Corporation, 415 Pa. Super. 137, 150-51 (Pa. Super. Ct. 1992) affirmed, Gasperin v. GAF Corp., 536 Pa. 429 (Pa. 1994).

In short, if a party to an action had the opportunity to pursue his rights in that action, he is bound by the ruling when he tries to pursue those same claims in a later proceeding. It is intended to prevent a party from trying to “better deal” in a later case.

What are the elements of collateral estoppel?

There are certain requirements that need to be met for collateral estoppel to apply. Collateral estoppel only applies when the following elements are met:

(1) An issue decided in a prior action is identical to one presented in a later action; (2) The prior action resulted in a final judgment on the merits; (3) The party against whom collateral estoppel is asserted was a party to the prior action, or is in privity with a party to the prior action; and (4) The party against whom collateral estoppel is asserted had a full and fair opportunity to litigate the issue in the prior action.

Frederick v. Action Tire Co., 1999 PA Super 332, *P8 (Pa. Super. Ct. 1999)(citing Rue v. K-Mart Corporation, 552 Pa. 13, 713 A.2d 82, 84 (Pa. 1998).

It is important to emphasis that each element listed above must be met in order for collateral estoppel to be applicable. If one is missing, you are out of luck.

Is a workers’ compensation judge’s holding considered a final judgment on the merits?

Yes. Pennsylvania Court’s consider workers’ compensation judge’s holding final. Jones v. Prudential Realty Co., 2005 Pa. Dist. & Cnty. Dec. LEXIS 402, *6 (Pa. County Ct. 2005); see also Grant v. GAF Corporation, 415 Pa. Super. 137, 150-51 (Pa. Super. Ct. 1992) affirmed, Gasperin v. GAF Corp., 536 Pa. 429 (Pa. 1994). It is important to understand that in Pennsylvania a judgment is final for the purposes of collateral estoppel unless or until it is reversed on appeal. Basset v. Civil Serv. Comm’n of Phila., 514 A.2d 984, 986 (Pa. Commw. Ct. 1986). A party has twenty (20) days from the date the workers’ compensation judge’s decision is issued to file an appeal with the Department of Workers’ Compensation Appeal Board. 77 P.S. §853. If a workers’ compensation judge’s decision is not appealed or it is not reversed on appeal, it will be considered a final judgment.

denied the court reasoned “[a]ny attempt to include a condition not previously identified during the workers’ compensation proceedings, would be impressible and prejudicial at this trial.” Id. at *10-11.

Accordingly, not only is a workers’ comp claimant stopped from recovering for damages which were rejected by the compensation judge, he is prevented from recovering damages that he did not claim in the worker’s comp action.

Can a defendant who was not a party to the workers’ compensation case assert collateral estoppel?

Yes. “[A] party who was a stranger to the prior action can assert collateral estoppel to preclude the relitigation of an issue.” Capobianchi, 29 Phila at 341 affirmed Capobianchi, 446 Pa. Super at 130. “[E]ven though Defendant was not a party in the workers’ compensation proceedings, it can assert collateral estoppel against the Plaintiffs in the instant suit.” Id. This means you get the benefit of the prior ruling. Note — you are not bound by the decision. You can still argue that the person is not entitled to even the damages awarded he was awarded in the workers’ compensation action. However, the workers’ comp award is the maximum he can recover.

Be Seen.

Be Heard.

Thus, the workers’ compensation decision limits the person’s rights in a later case for damages. He is “collaterally estopped” from recovering additional damages.

Can issue preclusion be applied to injuries identified in a civil suit that were not alleged in the related workers’ compensation action?

A plaintiff is barred from trying to include a condition which was not previously identified during the workers’ compensation proceeding in a subsequent civil suit.

Holts v. Thyssenkrupp Elevator Corp., 2011 Phila. Ct. Com. Pl. LEXIS 235 (Pa. C.P. 2011).

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In Holt, plaintiff attempted to seek compensation for injuries which were not alleged in her previous workers’ compensation action arising out of the same accident.

In recommending that the plaintiff’s post-trial motion be

PENNTRUX 9

(877) 269-6261

10 PENNTRUX

SafetyCheck Proposed Rulemaking Requires ELDs T

he U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) recently announced a proposed rulemaking requiring interstate commercial truck and bus companies to use Electronic Logging Devices (ELDs) in their vehicles to improve compliance with the safety rules that govern the number of hours a driver can work. This is only a proposed rulemaking, not a final rule.

The proposal would require any driver who must complete a record of duty status for more than eight days within any 30-day period to use electronic logging devices. FMCSA is not proposing any additional exceptions addressing specific sectors of the industry, size of operations or specific types of commercial motor vehicles at this time.

The Supplemental Notice of Proposed Rulemaking, which was sent to the Federal Register to publish on March 12, supersedes a prior 2011 Notice of Proposed Rulemaking related to electronic on-board recorders. It includes provisions to:

• Respect driver privacy by ensuring that ELD records continue to reside with the motor carriers and drivers.

Electronic logs will continue to only be made available to FMCSA personnel or law enforcement during roadside inspections, compliance reviews and postcrash investigations.

• Protect drivers from harassment through an explicit prohibition on harassment by a motor carrier owner towards a driver using information from an ELD. It will also establish a procedure for filing a harassment complaint and creates a maximum civil penalty of up to $11,000 for a motor carrier that engages in harassment of a driver that leads to an hours-ofservice violation or the driver operating a vehicle when they are so fatigued or ill it compromises safety.

The proposal will also ensure that drivers continue to have access to their own records and require ELDs to include a mute function to protect against disruptions during sleeper berth periods.

Carriers will have 60 days after publication in the Federal Register to provide comments to FMCSA. FMCSA is proposing that motor carrier subject to the regulation would be required to install or use an ELD within two years after the effective date of the final rule.

The proposed rulemaking would significantly reduce the paperwork burden associated with hours-of-service recordkeeping for interstate truck and bus drivers - the largest in the federal government following tax-related filings - and improve the quality of logbook data.

FMCSA contends that the proposed rule will ultimately reduce hours-of-service violations by making it more difficult for drivers to misrepresent their time on logbooks and avoid detection by FMCSA and law enforcement personnel. Their analysis shows it will also help reduce crashes by fatigued drivers and prevent approximately 20 fatalities and 434 injuries each year for an annual safety benefit of $394.8 million.

In developing the updated proposal, FMCSA relied on input from its Motor Carrier Safety Advisory Committee, feedback from two public listening sessions and comments filed during an extended period following the 2011 proposed rule. The proposal also incorporates the mandates included in the most recent transportation bill, the Moving Ahead for Progress in the 21st Century (MAP-21) Act, and other statutes.

7800 Linglestown Road Harrisburg, PA 17112 717-395-5730 Fax - 717-635-7502 AXLESURGEONSOFCPA@COMCAST.NET

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PENNTRUX 11

Everyone Has a Story to Tell PMTA’s 86th Annual Management Conference focuses on the power of storytelling.

W

hat is a well-told story? Story, applied to salesmanship, preaching, advertising, conversation, marketing, songwriting, blogging, or teaching, contains the power to deliver the world to the deft storyteller’s door. But what exactly is a welltold story? The great American playwright David Mamet said, “The audience will not tune in to watch information. You wouldn’t. I wouldn’t. No one would or will. The audience will only tune in and stay tuned in to watch drama.”

If you think you don’t care about drama because you’re in business, think again about what the audience, your customers, will or will not tune in to watch or read or listen to. We are all desperate for meaningful story, unadorned truth and compelling drama. Information alone can’t reach the hearts and minds of those you are desperately trying to reach. Stories are virile, rare, unforgettable, and, when well told, more powerful than the mere statement of plain facts.

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Explore the art of storytelling, the most powerful device on earth to influence other people, at PMTA’s 2014 Annual Management Conference May 1-4 in the storybook setting of Skytop Lodge in Skytop, Pa. Listen to stories of worldwide transportation trends, the shifting of the American energy landscape, and CSA’s impact on trucking. Hear the national story from the Federal Motor Carrier Safety Administration’s point of view. Learn the story about Pennsylvania’s transportation funding. Share stories of your company’s driver pay model and recruitment and retention strategies. Find out why the art of storytelling among the business crowd has sparked a fevered interest in the last few years.

You still have time to register for the conference. Skytop offers PMTA a full American plan, which means you pay one fee to PMTA that includes your lodging, nine meals, all activities (except golf and a cake decorating class), and three receptions. PMTA will take care of

your hotel reservation when you register. The cost is less expensive and includes more meals than past conferences.

The schedule for the conference is as follows:

Thursday afternoon/evening, May 1

methods, retention strategies, and how those models are evolving. Attendees will be encouraged to participate in the discussion. Panel participants represent Mustang Expediting, UPS, Pitt Ohio, FedEx and Walmart. Douglas Marcello of Marcello and Kivisto is panel moderator.

• Registration, welcome cocktail reception and dinner.

After dinner, head outdoors with Skytop’s star gazing expert to identify constellations and planets.

• The Designer Drug Story – Believe It Or Not. Cpl. Scott Davis is the drug recognition expert with the Pennsylvania State Police.

Friday, May 2

• The CSA Story – The Top Concern Within the Trucking Industry. Given the ongoing debate surrounding CSA and its impact on industry safety, we’ll have an open and honest discussion.

• The ATA Story – Trucking Industry Priorities. Philip L. Byrd, Sr., is president and CEO, Bulldog Hiway Express, Charleston, S.C., and chairman, American Trucking Associations.

• The Economic Story – The Trucking Industry and the Economy. Rod Suarez is the economist and vice president for the American Trucking Associations.

• The Shale Boom Story – The Shifting American Energy Landscape. Dr. Bernard Weinstein is a widely published economist and associate director of the Maguire Energy Institute at Southern Methodist University.

• The Pennsylvania Story – The New Funding Package Fully Explained. Bradley L. Mallory is deputy secretary for administration, PennDOT, providing leadership and direction for the Bureaus of Human Resources, Information Systems Technology Office, Transportation Innovations Office, Fiscal Management, Office Services, Equal Opportunity and Tourism Services.

• The Federal Story – Safety and Accountability, FMCSA Style. Anne S. Ferro is the administrator of the Federal Motor Carrier Safety Administration.

• The Golf Story – On Friday afternoon, enjoy Skytop’s golf course, a mountain-style track that plays over rolling terrain, with wide, tree-lined fairways and small greens that are challenging and above average in speed.

• The Nature Story – If you’re not golfing, join Skytop’s naturalist for a gentle hike to Indian Ladder Falls.

• The Cake Challenge Story – As an alternative on Friday morning, test your cake decorating skills and learn new ones at this fun and creative event. You can share your creations with the PMTA group later that evening.

• The Story Story – On Friday evening, join your friends and sit around the fire as Mitch Weiss and Martha Hamilton, known as Beauty and the Beast, tell captivating, thrilling and engaging stories.

Saturday, May 3 • The Driver Story – Driver Pay and the Impact on Recruitment and Retention. A panel of trucking industry executives will discuss driver pay, recruitment

• The Bigger Picture Story – Worldwide Transportation Trends. Amgad Shehata is a Senior Vice President with UPS, having responsibilities for International Public Affairs and Strategy.

• The Safety Story – Annual Fleet Safety Luncheon is on Saturday afternoon. Recognize trucking companies’ achievements in safety performance.

• Telling Your Own Story – As an alternative on Saturday, join Mitch Weiss and Martha Hamilton for a special workshop on storytelling techniques and strategies.

• The Hunger Games Story – On Saturday afternoon following the Fleet Safety Luncheon, learn archery skills. You never know when you will have to play in the Hunger Games. You can also learn lawn bowling with Skytop’s instructor • The New PMTA Chair Story – Rebecca Summers Becomes PMTA’s First Woman Chair. On Saturday evening, enjoy the chairman’s reception and banquet. Toast outgoing chairman James Germak then celebrate with Rebecca Summers as she takes the reins of the PMTA board.

Skytop Lodge offers a Full American Plan for PMTA meeting attendees. That means you pay the meeting registration and hotel with one fee. The conference fee includes the following: • Lodging for three nights • Three meals per night’s stay (Thursday dinner, Friday breakfast, lunch and dinner, Saturday breakfast, lunch and dinner, Sunday breakfast) • Valet parking • Attendance at all events, including education sessions, receptions and evening entertainment We hope you join us for the 2014 Annual Management Conference. We want to hear your stories, and what better time and place than the conference? To register, go to www.pmta.org/pmtaevents, or complete the registration materials you will receive by email and mail, or call PMTA at 717.761.7122.

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Pennsylvania Court Allows Punitive Damages Claim Against Trucking Company

By Paul W. Grego

P

unitive damages are literal “punishment” for outrageous or reckless behavior under Pennsylvania law. When assessed against trucking companies, punitive damages can be based on the company’s knowledge, prior to a relevant accident, about a driver’s previous poor driving record, knowing about a driver’s drug use, or knowing about a driver’s continual violation of either company or federal safety regulations and failing to remedy the situation. Other reasons that can command punitive damages would be running a truck that needed repair, requiring a driver to drive longer than is safe, or requiring a driver to falsify his log.

The most dangerous aspect of punitive damages is that they are not covered by liability insurance. Therefore, a trucking company will be personally responsible for the payment of any such damages assessed, which can, obviously, be financially devastating and a potential death blow to a company.

In Pennsylvania, it is not unusual for an attorney representing an injured party to sue on behalf of that party, and include a claim for punitive damages.

However, one of our first tasks in defending the trucking company and driver is to try to eliminate the claim for punitive damages early on in the case. The obvious reason for this action is to protect the company from unlimited, personal, and uninsured financial exposure.

Many times, we are successful in precluding this claim shortly after the lawsuit is filed, thereby giving the trucking company and driver peace of mind that these kind of damages and their potentially destructive impact are not part of the case.

However, in not all cases are these efforts successful.

In McPoyle v. Mast Excavating, et al., the Northampton County Court of Common Pleas dismissed that defense counsel’s objections to the claim for punitive damages in the suit. The case involved an August 1, 2011 accident between the tractor trailer driven by Marcos Jimenez and a motorcycle driven by plaintiff John McPoyle. Jimenez was driving for Mast Excavating and Rota Mill, Inc. at the time. He was exiting a parking lot onto Route 143, intending to turn left. While doing so, he crossed the double yellow line, blocking both directions of traffic on Route 143. At the same time,

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McPoyle came around a blind curve, and performed evasive action to try to avoid the collision with the truck.

As a result, McPoyle shattered his left knee and shin.

The complaint against Mast, Jimenez, and Rota Mill sought punitive damages against all three. Specifically, it was alleged that Jimenez “intentionally…blocked all lanes of travel on 143 with a tractor-trailer, knowing that the visibility at this severe sharp turn limited visibility by oncoming traffic.” The court found that punitive damages can be pursued if the alleged facts support the necessary “recklessness,” that is, the person “knows, or has reason to know…of facts which create a high degree of risk of physical harm to another, and deliberately proceeds to act, or to fail to act, in conscious disregard of, or indifference to, that risk… therefore, a punitive damages claim must be supported by evidence sufficient to establish that (1) a defendant had a subjective appreciation of the risk of harm to which the plaintiff was exposed and that (2) he acted, or failed to act, as the case may be, in conscious disregard of that risk.” In this case, the court found that the simple allegation that Jimenez intentionally blocked traffic, was enough to allow the claim to stand and be pursued during the course of the litigation.

Although a result such as this can be emotionally traumatizing to the company and driver, plaintiff’s counsel must then produce evidence during the “discovery” phase of the case to show to a judge that there is a possibility that the claimed behavior was “outrageous” or “reckless.” If no such evidence is provided, then defense counsel can file a motion to dismiss the claim for punitive damages. Unfortunately, the discovery phase and motion process can be a lengthy one, and, even if the claim is dismissed by the judge before trial, the time waiting for this to occur can be extremely difficult on the company and driver.

As you can see, the McPoyle case is an example where it’s easy for plaintiffs’ attorneys to make a simple allegation against a trucking company, and make the lawsuit process, by claiming punitive damages, even more traumatic than it would be otherwise. This is why we put so much emphasis on attempting to stymie such an effort early on. If successful in doing so, the

litigation can be made much more bearable by letting the remaining claims for personal injury damages be ultimately resolved by the carrier’s insurance company.

In a self-insured situation, the company can take solace that they will only pay the value of the personal injury damages themselves. Either case is clearly more preferable than being “punished” by the possibly crushing imposition of punitive damages.

Paul W. Grego is a Principal in Post & Schell’s Casualty Litigation Department. He has tried dozens of cases to verdict over the years in both State and Federal Courts in Pennsylvania, Louisiana, and Maryland. He has extensive experience in defending high exposure and catastrophic cases involving wrongful death and serious personal injury. He concentrates his trucking practice in the areas of personal injury and cargo claim litigation. He is a member of PMTA, the Transportation Lawyers Association, the Trucking Industry Defense Association (TIDA), and the Conference of Freight Counsel. Paul can be contacted at pgrego@postschell.com or 717.391.4426 with any questions. Paul’s complete bio can be found at http://www.postschell.com/attorneys/paul-w-grego.

Pennsylvania Fast Facts Trucking drives the economy • Employment: In 2012, the trucking industry in Pennsylvania provided 272,900 jobs, or one out of 18 in the state. Total trucking industry wages paid in Pennsylvania in 2012 exceeded $11.8 billion, with an average annual trucking industry salary of $43,359.

The U.S. Bureau of Labor Statistics reported in May 2012 that truck drivers, heavy, tractor-trailer and light, delivery drivers held 109,110 jobs with a mean annual salary of $37,320.

• Small business emphasis: As of May 2013, there were more than 27,390 trucking companies located in Pennsylvania, most of them small, locally owned businesses. These companies are served by a wide range of supporting businesses both large and small.

• Transportation of essential products: Trucks transported 86% of total manufactured tonnage in the state in 2010 or 1,150,214 tons per day. Over 88% of Pennsylvania communities depend exclusively on trucks to move their goods.

Trucking pays the freight • As an industry: In 2009, the trucking industry in Pennsylvania paid approximately $1.5 billion in federal and state roadway taxes and fees. The industry paid 37% of all taxes and fees owed by Pennsylvania motorists, despite trucks representing 11% of vehicle miles traveled in the state.

• Individual companies: As of January 2013, a typical five-axle tractor-semitrailer combination paid $7,811 in state highway user fees and taxes in addition to $8,906 in federal user fees and taxes. These taxes were over

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and above the typical taxes paid by businesses in Pennsylvania.

• Roadway use: In 2010, Pennsylvania had 119,685 miles of public roads over which all motorists traveled 100 billion miles. Trucking’s use of the public roads was 11.0 billion miles.

Safety matters • Continually improving: At the national level, the large truck fatal crash rate for 2011 was 1.25 fatal crashes per 100 million vehicle miles traveled. This rate has dropped by 73% since the U.S. Department of Transportation began keeping these records in 1975.

• Sharing the road: The trucking industry is committed to sharing the road safely with all vehicles. The Share the Road program sends a team of professional truck drivers to communities around the country to teach car drivers about blind spots, stopping distances and how to merge safety around large trucks, all designed to reduce the number of car-truck accidents.

• Safety first: Pennsylvania Motor Truck Association members put safety first through improved driver training, investment in advanced safety technologies and active participation in industry safety initiatives at the local, state and national levels.

Trucks delivery a cleaner tomorrow • Fuel consumption: The trucking industry continues to improve energy and environmental efficiency even while increasing the number of miles driven. In 2012, combination trucks consumed over 95 billion fewer gallons of fuel than passenger vehicles in the U.S. and accounted for just 17% of the total highway transportation fuel consumed.

• Emissions: Through advancements in engine technology and fuel refinements, new diesel truck engines produced 98% fewer particulate matter and nitrogen oxides emissions than a similar engine manufactured prior to 1990. Sulfur emissions from diesel engines have also been reduced by 97% since 1999.

• Partnerships: Through the U.S. Environmental Protection Agency’s SmartWay Transport Partnership, the trucking industry is working with government and businesses to quantify greenhouse gas emissions and take steps to reduce them.

Statistics provided by the American Transportation Research Institute

IT’S NOT HER DAY JOB SHE WORRIES ABOUT LOSING MOST. Over the years, 33 PA Turnpike workers lost their lives while doing their job. Please don’t make it 34. Slow down in work zones.

PennTRUX_7.5x4.9.indd 1

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2/26/14 2:20 PM

PENNSYLVANIA MOTOR TRUCK ASSOCIATION 910 Linda Lane, Camp Hill, PA 17011-6409 • Phone: 717.761.7122 • 800.382.1373 • Fax: 717.761.8434 • www.pmta.org

2014 MEMBERSHIP APPLICATION

Application is hereby made for membership in the following Chapter of the Pennsylvania Motor Truck Association: Q Central Q Lancaster Q North Central Q Northeast Q Phila/Delaware Valley Q South Central Q Southwest Q York/Adams Firm Name _____________________________________________________ Date________________________ Address____________________________________________________________________________________ County____________ City______________________________ State_________ Zip_______________________ Representative’s Name_________________________________ Title____________________________________ Telephone Number ( _______ ) ____________ E-mail________________________________________________ (PRINT CLEARLY) Fax Number ( _______ ) ____________ Nature of Business ____________________________________________

*Total Number of Trucks and/or Power Units (over 10,000 GVW) ___________

SUBSCRIBER INDUSTRY SEGMENTS Q Arbor/Landscape Management

TYPE OF MEMBERSHIP PLEASE INDICATE TYPE OF EQUIPMENT OPERATED

Q Attorneys/Professional Services

Q Private Q For Hire Q Trade Q Manufacturer Q Active Retired Q Associate

Q CDL Schools

_______ Dry Van _______ Refrigerated _______ Flatbed _______ Dump _______ Tank Other__________________________________ (PLEASE SPECIFY)

Q Chemicals, Allied Gasses, Fuels, Hazmat Q Communications/Consulting Q Construction & Building Products & Services Q Dump Trucks & Trailers Q Environmental Q Flat Beds Q Food & Beverage

How did you hear about our association?

Proposed by: Signature of Applicant

Q Insurance & Benefits Q Intermodal/Express Freight/Shipping Q Less than Truckload Q Logistics Q Lumber Q Paving & Excavating

ANNUAL DUES SCHEDULE – EFFECTIVE JANUARY 1, 2014

Q Repair Shops, Inspections & Towing

* Dues for those operating trucks are based on the number of trucks (owned or leased) and operated in, into, out of, or through Pennsylvania.

Q Specialized Hauling

ASSOCIATE MEMBERSHIP . . . . . . . . . . . . . . $ 83.00 *CARRIER (For Hire and/or Private) First truck . . . . . . . . . . . . . . . . . . . . . . . . . . $ 155.00 Additional members from a company which Each add’l to maximum . . . . . . . . . . . . . . . . $ 29.00 maintain a Primary Membership in PMTA. Maximum . . . . . . . . . . . . . . . . . . . . . . . . $ 2,156.00 ACTIVE VETERAN . . . . . . . . . . . . . . . . . . . . . $ 57.00 MANUFACTURERS . . . . . . . . . . . . . . . . . . . $ 649.00 Any member who has been awarded veteran member status and desires to remain active on local Those manufacturing commodities or equipment chapter boards and/or the state board of directors. (trucks, trailers, tires or other commodities)

Q Transportation Equipment & Supplies

TRADE MEMBERS . . . . . . . . . . . . . . . . . . . $ 418.00

Q Warehouse Distribution

DUES PAYMENTS ARE DEDUCTIBLE AS BUSINESS EXPENSES ONLY. (The deduction of amounts paid to PMTA as an ordinary and necessary business expense is subject to limitations imposed as a result of PMTA’s lobbying activities. PMTA estimates that 10% of your dues and other payments to the Association are non-deductible.)

Q Other_________________________

Q Storage & Transfer Q Truck Dealerships & Leasing Q Truck Manufacturing Q Truckload Q Truck Parts Manufacturing Q Waste & Recycling

PENNTRUX 17

On the Cover CMVs and the Art of Regulation Application “H

elp! We just received a citation for hours-ofservice violations. This was on our small truck, and I didn’t even know we needed to use a logbook.”

between two places within a state, but the cargo is part of a trip that began or will end in another state or foreign country.

The caller to PMTA was facing a $600 fine because the driver of one of his 25,000 GVWR trucks was stopped without a log book. The caller has a fleet of CDL trucks, but he wasn’t aware that the smaller truck is also considered a motor carrier vehicle and therefore subject to safety regulations. He, and many in the trucking industry, aren’t sure what the definition of a motor carrier vehicle is. So here goes, a primer on what vehicles must comply with what safety regulations.

Intrastate commerce is when you drive a CMV within a state and you do not meet any of the descriptions above for interstate commerce.

Motor carrier vehicles are what people in the industry frequently call commercial motor vehicles (CMV). The Pennsylvania Vehicle Code defines a motor carrier vehicle as one of the following:

• Driving rules, including prohibition against radar detection and handheld mobile devices

1. A truck, track tractor or combination having a gross vehicle weight rating, gross combination weight rating, registered gross weight, registered combination weight of actual gross weight of 17,001 pounds or more.

2. A truck, truck tractor or combination engaged in interstate commerce and having a gross vehicle weight rating, gross combination weight rating, registered gross weight, registered combination weight or actual gross weight of 10,001 pounds or more.

Additional regulated vehicles through Pennsylvania’s adoption of the Federal Motor Carrier Safety Regulations are those: 3. Designed or used to transport more than 8 passengers (including the driver) for compensation; or 4. Designed or used to transport more than 15 passengers, including the driver, and is not used to transport passengers for compensation; or 5. Used to transport hazardous materials in a quantity requiring placarding.

Interstate commerce is when you drive a CMV from one state to another state or a foreign country, between two places within a state, but during part of the trip, the CMV crosses into another state or foreign country, or

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The regulations with which a CMV must comply are as follows: • Driver qualification standards. This includes medical cards, English proficiency and driver files.

• Hours of service

• Vehicle maintenance, including keeping maintenance files, pre and post trip driver inspections, and periodic inspections • Vehicle equipment standards • Vehicle marking Larger classes of CMVs must be operated by someone with a commercial drivers license. These CDL vehicles must comply with additional regulations, but more about that later. CDL classes are as follows: • Class A – gross combination weight rating or gross combination weight of 26,001 pounds or more, whichever is greater, inclusive of a towed unit(s) with a gross vehicle weight rating or gross vehicle weight of more than 10,000 pounds, whichever is greater.

• Class B – gross vehicle weight rating or gross vehicle weight of 26,001 pounds or more, whichever is greater.

• Class C – vehicle designed to transport 16 or more passengers, including the driver; school bus; or vehicle transportation hazardous materials and is required to be placarded.

Now comes the complicated part. The Motor Carrier Safety Improvement Act’s Federal Motor Carrier Safety Regulations requires interstate commercial driver’s license holders, subject to the physical qualification requirements of the FMCSRs, to provide a current copy of their Medical Examiner’s Certificate (DOT

Physical Card) to their state driver licensing agency.

Pennsylvania regulations are that CDL holders who operate in interstate commerce are required, with limited exception, to submit a copy of their Medical Examiner’s Certificate to PennDOT. The four self-certification categories are excepted interstate, excepted intrastate, non-excepted interstate and non-excepted intrastate.

First, you must determine if you use your CDL in interstate or intrastate commerce. Once you have determined that, you have to determine whether you operate or expect to operate in a non-excepted or excepted status. This decision will tell you to which of the four types of commerce you must self-certify. You operate in an excepted status when you drive a CMV only for the following excepted activities: • To transport school children and/or school staff between home and school • As a federal, state or local government employee • To transport human corpses or sick or injured persons • Fire truck or rescue vehicle drivers during emergencies and other related activities • Primarily in the transportation of propane winter heating fuel when responding to an emergency condition requiring immediate response such as damage to a propane gas system after a storm or flooding; • In response to a pipeline emergency condition requiring immediate response such as a pipeline leak or rupture • In custom harvesting on a farm or to transport farm machinery and supplies used in the custom harvesting

operation to and from a farm or to transport custom harvested crops to storage or market • As a beekeeper in the seasonal transportation of bees • Controlled and operated by a farmer, but it not a combination vehicle (power unit and towed unit), and is used to transport agricultural products, farm machinery or farm supplies (no placardable hazardous materials) to and from a farm and within 150 air-miles of the farm • As a private motor carrier of passengers for nonbusiness purposes • To transport migrant workers.

If one or more of the above activities is the only operation in which you drive, you operate in an excepted status and do not need a federal medical examiner’s certificate.

If none of the above activities applies to you, you operate in a non-excepted status and are required to provide a current medical examiner’s certificate.

Most CDL holders who drive CMVs are non-excepted interstate commerce drivers. If you operate in both an excepted status and non-excepted status, you must choose the non-excepted status to be qualified to operate in both types of commerce.

Nearly every commercial driver is required to submit a valid Medical Examiner’s Certificate (DOT Physical Card) to PennDOT. If you’re ever unsure of what regulations apply to you and your CMVs, please contact PMTA. We’re here to help you wade through the regulatory language and avoid costly and damaging citations and fines.

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Welcome New Members Welcome to the new members who have joined recently, and thank you to 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.

Paul Fariss, Fariss Industries

Mark Galbraith, Galbraith Pre-Design, Inc. 213 Kutz Road, Calisle, PA, 17015 mark@cp-inc.com, 717.766.6337 Private carrier member, South Central Chapter

105 Thistledown Drive, Hummelstown, PA, 17036 murphyandrew@bfusa.com, 910.603.4022 Associate member, South Central Chapter Sponsored by Bruce Couch

Jason Mertz, Worley and Obetz, Inc.

Richard Dysinger, FedEx Ground

8829 Wainwright Road, Wynamoor, PA, 19038 pjfariss@comcast.net, 215.206.1065 Trade member, Philadelphia/Delaware Valley Chapter

Andrew Murphy, Bridgestone/Firestone

85 White Oak Road, Lancaster, PA, 17545 jmertz@worleyobetz.com Private carrier member, Lancaster Chapter

1 Tinicum Island Road, Lewisberry, PA 19113 richard.dysinger@fedex.com Associate member, York/Adams Chapter

Justin Klinger, Birchmont Transport LLC

Marilyn DeLong, Bird Hauling, Inc.

317 Washington Street, Birdsboro, PA, 19606 Justin.klinger@birchmonttransport.com, 610.898.7100 For hire carrier member, Lehigh Valley Chapter

631 North Seneca Street, Oil City, PA 16301 sparky@birdhauling.com, 814.670.0868 For hire carrier member

Pam Lawson, East Penn Manufacturing Co., Inc. P.O. Box 147, Deka Road, Lyon Station, PA, 19536 plawson@dekabatteries.com, 610.682.6361 Associate member, Lehigh Valley Chapter Sponsored by Mike Dietrich

Rebecca Richard, East Penn Manufacturing Co., Inc. P.O. Box 147, Deka Road, Lyon Station, PA, 19536 rgundlach@dekabatteries.com, 610.682.6361 Associate member, Lehigh Valley Chapter

Greg St. Clair, New Enterprise Stone and Lime Co. 297 Stone Quarry Road, Chambersburg, PA, 17202 gstclair@valleyquarries.com, 717.267.2244 Associate member, South Central Chapter

Member of the Month Congratulations to Jerry Sensenig, chosen as PMTA’s March Member of the Month. Jerry is a member of the Lancaster 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.

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

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PMTA 2014 Seminar Schedule 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, April 29, 2014 – 9:00 am – 4:00 pm $165 – member $250 – 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.

Tuesday – Saturday, April 1 - April 5, 2014 – 8:30 am – 5:00 pm $1625 – member $1800 – non-member Cargo Securement – Presented by PMTA Seminar will cover current federal and state regulations governing the securement of cargo. Additional emphasis will be provided on the specific requirements for securing heavy vehicles and equipment, common violations discovered during roadside inspections and the North American Standard Out-of-Service criteria.

Monday, April 7, 2014 – 8:30 am – 12:00 pm $110 – member $205 – non-member HAZMAT – Presented by PMTA

The unique, function specific format provides greater understanding and better retention of regulatory training. The seminar helps fulfill the 49 CFR Part 172 Subpart H for both the initial and recurrent training requirements. CSA information is also included.

Tuesday, April 8, 2014 – 9:00 am – 4:30 pm $250 – member $350 – non-member

Motor Fleet Accident Investigation – Presented by PMTA Control costs through complete and thorough accident investigation. Develop skills in loss prevention, data collection and CSA Crash Basics Indicators with focuses on accident countermeasures and understanding FMCSA.

Tuesday, April 15, 2014 – 9:00 am – 4:30 pm $250 – member $350 – non-member

Compliance Review Basics – Presented by PMTA This class will provide the basic skills and tools for reviewing their company’s compliance with the Federal Motor Carrier Safety Regulations and the knowledge necessary for conducting a self-audit. Topics covered will include financial responsibility, hours of service, driver qualifications, vehicle maintenance, drug and alcohol testing, accidents and the associated recordkeeping requirements.

Tuesday, May 20, 2014 – 8:00 am – 12:00 pm $110 – member $205 – non-member

Compliance Review Follow-Up – Presented by PMTA This workshop will provide students the opportunity to review a sampling of their required records and documents with PMTA’s safety staff to ensure compliance with the Federal Motor Carrier Safety Regulations. Attendees may receive recommendations or suggestions for enhancing their current safety management practices.

Tuesday, June 17, 2014 – 8:00 am – 12:00 pm $110 – member $205 – non-member ($50 member, $100 non-member with Review Basics course)

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 email Carol at csmore@pmta.org. Register online at www.pmta.org/seminar. Payments and cancellations are due seven days prior to class.

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President’s Prize Each year, PMTA’s president awards a special prize to the person who has excelled in sponsoring new members during the membership year (May 1, 2013 to April 30, 2014).

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.

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.

The statistics are current as of March 14, 2014.

Sponsor Company Chapter Total

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

Jeff Mercadante

Pitt Ohio

Southwest

Carla Brodbeck

Brodbeck’s Safety Solutions Lancaster

3

Ken Martin

Lawn Care of PA

Lancaster

3

Bill Burns

Kenworth of PA

Lancaster

3

Shawn Cassell

Mainline Excavating, Inc

South Central

3

Calvin Ewell

H.R. Ewell, Inc.

Lancaster

3

Dan Fetrow

D.M. Fetrow, Inc.

York/Adams

3

Jerry Sensenig

Charles W. Shirk Trucking

Lancaster

3

Mark Laurusevage Great West Casualty Co.

Northeast

2

Gary Stewart

Rawle & Henderson

South Central

1

Brian Becker

FedEx Ground

York/Adams

1

Lana Rote

Eastern Industries, Inc.

North Central

1

Jay Shaub

R.W. Sauder, Inc.

Lancaster

1

Ken Kametz

Hunter Keystone Peterbilt

Lancaster

1

Bruce Couch

Bridgestone/Firestone

Lancaster

1

Mike Dietrich

East Penn Mfg.

Lancaster

1

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22 PENNTRUX

Northland is a proud member and supporter of the Pennsylvania Motor Truck Association.

3

Chapter/PMTA Activities The Lehigh Valley Truck Driving Championship Tune Up Drive is Sunday, May 4, at the Mack Trucks Historical

TruckPAC Recognition

Museum and Customer Center, 2402 Lehigh Parkway South, Allentown. This event is a good opportunity for drivers to prepare for the Pennsylvania Truck Driving Championships in June. For more information or to register, go to www.LVTDCTD.com.

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.

The Pennsylvania Truck Driving Championships are June

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 or for more information, contact PMTA at 717.761.7122. We also offer company payroll deductions. Please contact Milliron Associates at 717.232.5322 to discuss this option.

13 and 14 at Harrisburg Area Community College. You may register your drivers now. You may also become a sponsor or purchase an advertisement for the program book. Safety Management Council is seeking equipment to use at the TDCs. If you have equipment you are willing to loan for the championships, please contact Kevin Stewart at PMTA, kstewart@pmta.org. For registration details, go to www.pmta.org, Membership, Benefits of Membership, Safety, then click on the links in the TDC section. Or you may call PMTA at 717.761.7122.

The York/Adams, Lancaster and South Central chapters’ annual mixer is Thursday, May 22, at John Wright Restaurant, Wrightsville. Details to come.

The Philadelphia/Delaware Valley Chapter spring

membership dinner is Thursday, April 10, at Plymouth Country Club, Plymouth Meeting. Reception is at 5:30 p.m., followed by dinner at 6:30 p.m. Featured speaker is Elaine Elbich, design portfolio manager for PennDOT. Cost is $35 for dinner. RSVP to Dave Spera, dspera@comcast.net, 610.277.3501.

The Lancaster Chapter membership meeting is Thursday,

April 17, at Eden Resort. Contact Dusty Moran for details at dustym@sunrisetransportinc.com. The chapter’s annual golf outing is Thursday, July 17, at Four Seasons Golf Complex. Contact Kelly Hawthorne at khawthorne@kwofpa.com. Other future events include the family picnic at the Clipper Magazine Barnstormer’s Stadium on Saturday, Sept. 13, and the scholarship motorcycle ride on Saturday, September 20.

The chapter presidents’ orientation is Wednesday, April 16, at PMTA headquarters in Camp Hill, beginning at 10 a.m. The orientation is designed to help chapters understand financial reports and responsibilities as well as general procedures for chapter management.

The PMTA Board of Director meetings for 2014 are June 26, September 11 and November 13.

The 2014 TruckPAC golf outing is Wednesday, September 24, 2014, at Armitage Golf Club in Mechanicsburg.

Platinum ($1000 +) R. Frank and Susan Campbell Calvin Ewell Stephanie Fleetman Samuel J. Lansberry Becky Summers Paul Yerk, Jr.

Gold ($500-$999) Joe Butzer and Beth Hamilton John J. Conrad Mike and Debbie Herr

Silver ($250-$499) Larry Bender Phil and Cyndi Garber James A. and Linda L. Germak Jerry Lee and Mary Alice Sensenig

Bronze ($25-$249) Jeffrey A. Behm Raymond Z. Martin Gary and Lucinda Whistler This list includes contributions from January 1 through March 20, 2014 Please consider making a pledge to TruckPAC. When you make a pledge, you have several payment options. You can use your credit card (Visa or MasterCard) one time or make quarterly payments, or you can pay by person or partnership check once or quarterly. When you make a TruckPAC pledge, your name will be listed in Penntrux in the category for which you pledge. For example, if you pledge $500 for the Gold level, and you elect to pay quarterly, your name will be listed as a Gold level donor as soon as we receive your pledge.

PENNTRUX 23

Word Word Search bySearch Myles Mellor PennTrux April

Find the trucking words and phrases listed below in the puzzle and circle them. They may run across or up and down or

By Myles Mellor anymore direction.

Myles Mellor is one of the top crossworddiagonally writers in the world, in publishing than 100 crosswords and puzzles each month. He has published over 6,000 crosswords in newspapers, magazines, electronic devices and websites in the U.S. and internationally and has published numerous crossword books in Barnes and Noble and Books a Million stores nationwide.

Alligator Backitdown Badger Bearintheair Bigslab Burn Camera Hamster Handle Milehigh Milemarker Motorcity Mudduck Negatory Pumpkin RATCHETJAW Refinery Rolling

24 PENNTRUX

U H V I D L W C A M E R A B Q F X

R E C K B D B D P B K N E G K B A

D S M J U K B N A O M A M V U L X

R B X L R D E C M H R U O E L T S

W U L W N G K P A I T B D I Z U E

P I C M A I U M N M H T G D E N Q

D B G T T M S T M M K A M R U Z Q

H O O D P T H O I F T W I A B C B

F R O K E E T L U O R D L T F Y K

Y W I R A O E X R L O B E C T I X

N N C I R M I S B P L J H H D U X

X G R C A B Y S I P L A I E Z D Q

P V I R U Z H G G I I L G T Z H U

R T K K O G H O S J N C H J J A T

Y E Q L H A N D L E G J L A R S M

R I P L K M F B A D G E R W Z X Z

C I Q V S O N Q B R E F I N E R Y

Last Month’s Answers D A V D K R F E Z Z M V R E K M B

I Z X G Y Q L H J Z F G M F K I T

V O E A Q H C I A U D E Q R G B Y

E S C V V B R A K E R M M E T L U

R R M V M Q I O A G O X A E Y B H

T F G H S T U M E B C R Q W P J E

E F J T E K O N I Y S I P A T D V

D F E B A B C N C U Q N V Y R R E

G E B U I Y G W J A B S U S I I L

R S F L S O S R P S V P F U D V K

S M E I C G H S Z T Z E H X E E N

X V R A L Y G F Q G R C S F M T I

T H R O L L I N G H N T S R G R E

Y D M B A R B E R S H O P C W A V

S U N B E L T G W W Y G F M U I E

S V W K W F P H T S E A T G K N L

M O N S T E R L A N E S G S U Z T

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