New Mexico
NMTA Events
SuperTech pg. 15 Grand Champion pg. 15
s u l P
New Mexico DOT
(New To This Issue)
2015 NMTA DRIVER OF THE YEAR!
New Mexico
30 Year Anniversary July 27-28, 2016 • 11:30-1:30 p.m. both days
New Mexico Trucking is the official publication of the New Mexico Trucking Association and published four times per year by RJ Five LLC. For subscription information, please contact RJ Five at (505) 407-2151 Publisher Ryan L. Davis RJ Five LLC rdavis@rjfive.com Graphic Design RJ Five LLC.
Thank all of our customers & employees for their dedication to our business and continued success!
Contributing Writers Lori Harris Dave Osiecki Tom Church Jimmy K Glascock Stan Grant
Executive Editor Johnny R. Johnson New Mexico Trucking Association jrjohnson@nmtrucking.org Account Manager Jacob Olsen jolsen@nmtrucking.org
New Mexico Executive Director – Johnny R. Johnson jrjohnson@nmtrucking.org BOARD OF DIRECTORS President Stan Grant Holly Frontier
Secretary / Treasurer Raul Garcia Mesilla Valley Transportation
1st Vice President Sam Bagby Groendyke Transportation
ATA State Vice President Bruce Mac Rae United Parcel Service
2nd Vice President Larry Knippel Danlar Collision
Chairman Wayne Sonchar BTU Block
Conference Chairs
Truckload Carriers Danny Crawford Wild West Express
Heavy Haulers Henry Pachecho Pachecho Trucking
Private Carriers Mike Van Horn US Food Service
Allied Members Scott Klinkhammer Rush Truck Centers
LTL Carrier Todd Kellerstrass Conway Freight
Towing & Recover Anthony VanderVossen Holms Wrecker Service
Oilfield South Jonas Armenta Western Refining
CDL Testing & Training Maury Tiehen San Juan College
Beverage Haulers Scott Long Premier Distributing
Safety Management Council Lori Harris Western Assurance
An Affiliate of the American Trucking Association NMTA is the voice of the commercial truck and bus operators in New Mexico. The NMTA represents member carriers in legislative and regulatory matter before local, state and federal government. The association works to ensure laws and regulations affecting the trucking industry are fair and balanced. The NMTA also educate members regarding laws and regulations and promotes safe operations and good practices to ensure members remain a healthy and viable par of New Mexico economy.
Find us Online! www.nmtrucking.org
SPRING 2016 / 3
In This Issue
4 / New Mexico Trucking
6-7
Directors Desk
22
National Watch
8
Presidents Podium
24
SMC Bulletin
10
Enchanted Highways (DOT)
28-29 Behind the Lights
12-17 NMT TDC/Event
30
NMTA Calendar
18
30
Advertising Index
NMTA News
Directors Desk
N
ow is the time to look back at our Annual event to reflect and analyze the hits and misses of the event (Luckily the hits outweighed the misses). First off, we hope all of you enjoyed this year’s event and the hard work many put into it. As the event grows, as it did this year, we will continue to experience the growing pains but none that we won’t be able to handle. With that said, many have told me how much of a success it was and we have to give credit where credit is due.
Thanks to all of the companies that helped sponsor this year’s event:
First on that long list is San Juan Community Collage out of Farmington, New Mexico. They not only designed the new course for this year’s TDC, but judged it as well. Maury Tiehen from the college, as well as Jim Wilcox and Chris Caine and Roger Tingley and their crew from San Juan all did an outstanding job at the TDC. In addition to these men, the other heroes of the event are the Safety Management council and volunteers that man the tents and move the contestants thru the maze each year. The fact remains there are so many people to give credit to that it is impossible to do so and for that I do apologize. Please be confident though that each act is greatly appreciated and the event would not be what it is today without each of you. One thing you can expect as we continue to develop the event in the future are recognizing our many volunteers We also want to give a special shout out to Grant Maxey for bringing his tanker all the way from Farmington, New Mexico. It is an awesome addition to our event and a superb tribute to all veterans. Grant - Thanks again.
Something new – SuperTech! This was our 2nd annual event, but it was combined with this year’s TDC. Its addition to the event was a success and could not have been done without Summit Truck Group Chairman, Jim Rowell along with Rory Michie of Summit, Max Wilson of ABF, Antonio Artiaga of YRC as our SuperTech committee. This event is and will be part of the annual TDC And NMTA event for many years to come. It is held to honor the very important jobs that our industry technicians do every day. Finally, we would like to take the opportunity to thank our many sponsors at all of the different events. Should you be in their business throughout the year, please share with them your appreciation as well. As always, if you have any suggestions or comments on how we can make the annual event experience better, we would like to hear them. We want to thank all of the trailers on display at this year’s event: ATA CNM NMDOT Teamsters Local 492 San Juan College Grant Maxey (from Farmington) Johnny Johnson New Mexico Trucking Association Managing Director 6 / New Mexico Trucking
Join the NMTA -Much Depends Upon Us Your membership helps the trucking industry in New Mexico by promoting a good business environment with fair balance for all parties. NMTA is a lobbying organization designed to make sure your voice is heard by State legislatures and Federal Regulators. Beyond that NMTA provides a wide range of useful member services. NMTA also makes sure the public knows of the good deeds and benefits of having a strong trucking industry in the State. If you are thinking of joining NMTA, consider it an outstanding investment in the success of your business. Go to www.nmtrucking.org to join today! SPRING 2016 / 7
Presidents Podium
W
ith my first inclusion in the magazine as President of the NMTA, I thought I would start out with an introduction for those who may not know me and lead into my goals or plans for my role in the association. To begin, I am married to the love of my life, Becky and have three children and two grandchildren. I have been in the trucking industry most of my adult life since getting out of the service in the late 70’s. I began as a driver and for eight or nine years drove a variety of different types of material including tankers. This is where I
finally found my nitch and have been in the tanker business for 21 years. I drove for several companies and finally landed at Holly Frontier where I am still today. Over the past 11 years I have moved up in the organization from driver to dispatcher, terminal manager, operation manager and into the position I have today, Superintendant of crude transportation of the SW region at Holly Frontier. I have dedicated my life to the trucking industry. I have been an NMTA member since 1985 and I want to help the industry. This is why I became a NMTA Board member when Wayne took office several years ago and hope I can continue the positive growth and movement of where he left off. I also hope I can
continue to build the association, increase membership and continue the growth of the safety management council. I aim to help Johnny continue to work hard for the trucking industry and support the industry as a whole in Santa Fe. I want to thank you all for your memberships of the New Mexico Trucking Association and look forward to my term as president. I am anxious to meet more of the states trucking professionals and help the industry push forward into the future. by Stan Grant
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NAME 1/4 vertical CT Power
Service & Parts Manager: Mike Myers Rental & Sales: Alex Juarez
8 / New Mexico Trucking
SPRING 2016 / 9
Enchanted Highways Tom Church - Cabinet Secretary New Mexico Department of Transportation
APSCO NM Golf Carts Your New Mexico Golf Cart Headquarters!
Dust Storms on I-10 More often, drivers along the Interstate 10 corridor are facing blackout conditions. There have been more than 750 dust storm crashes in New Mexico since 2000, causing 25 deaths and over 500 injuries. A wall of dust can cause an immediate chain reaction accident that can be fatal to the drivers. Making an immediate decision to slow and pull off the shoulder as far right as possible is safest when a dust storm is upon you. Survivors have described near blackout or zero visibility conditions. Every second counts. Dust obstruction is immediate and all sight distance disappears. Take immediate action to remove your vehicle from the driving lane to the farthest right off the shoulder. Pull off the roadway- don’t follow another driver into the dust cloud. Dust is thick and visibility drops precipitously and quickly. The driver cannot see the road or anything in front of the vehicle. Dust storms are associated with chain collisions, some involving multiple separate crashes and dozens of vehicles. These crashes can be avoided – and lives saved – if drivers follow a few simple rules. 1. Never drive into a dust storm. 2. When you encounter a dust storm, pull off the road to the right as far as possible. 3. Turn off headlights and take your foot off the brake pedal so other drivers will not try to follow your parked car when visibility drops near zero. 4. Put on your parking brake. 5. Stay buckled up and in the vehicle until the dust clears.
Sales • Rental • Repair APSCO – NM Golf Carts Offers Full Golf Cart Customization! From Top to Bottom – Get the Golf Cart that fits your personality! Hundreds of options to choose from! Two NM Locations to serve you Albuquerque – 505.889.3537 7550 Pan American East Freeway Albuquerque NM 87109
Alamogordo – 575.439.5620 406 Fairgrounds Rd Alamogordo, NM 88310
In 2002, on New Mexico’s Interstate 10 a dust storm caused a 21-vehicle pile-up near Deming, with one fatality and 26 injuries and each year multiple collisions, deaths and injuries are attributed to blowing dust. In just 8 minutes, a dust storm near Lordsburg caused 7 fatalities when eight vehicles became a scene of mangled truck cabs, burned-out cars, twisted metal and ruined lives. According to New Mexico State Climatologist David DuBois, most dust storms last less than five minutes, so avoiding a dust storm is a small delay to prevent a crash. Over the next three years, the New Mexico Department of Transportation will conduct a multimedia driver education campaign to eliminate fatalities from dust storm crashes. Participating in the campaign will be personal vehicle drivers and overthe road freight drivers along Interstate 10 and other southwestern crash hotspots. NMDOT continues state of the art research in dust storm prediction and detection, driver education and driver notification, mitigating blowing dust in controlled areas and rapid coordination of emergency response at state and local levels. 10 / New Mexico Trucking
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Success In Every Corner!
The weekend began on Thursday afternoon at the Isleta Golf Course as more than 25 teams played in the annual New Mexico Trucking Association Golf Classic. Once again there was a lot up of for grabs throughout the 18 holes. The event included hole-in-one prizes (thank you to the sponsors - Rush Truck Centers, Rich Ford, Wallwork, & Summit) that were second to none, the always fun, Par-3 Poker, and not to mention the team that outscored the field of golfers for the grand prize and honors of NMTA Annual Golf Classic champions. Friday began and included several events. The day began inside the Isleta Casino and Resort with a general membership breakfast meeting. The keynote speaker was Kevin Burch, first Vice President of the American Trucking Association. Lt. Governor John Sanchez also stopped in to talk to the many who attended the day’s event to continue to encourage them to work together to move the industry forward. The second annual Veterans Job Fair was also open and many vendors and those seeking employment made connections. As this was happening inside, the Parking lot of the Isleta Casino and Resort started to come alive with trucks and people as many prepared for the outside events on Saturday. As the day concluded, a handful of truckers, law enforcement and others headed a few miles away to the Albuquerque Trap Club for the first annual TAT (Truckers Against Trafficking) Truckers against Cops Trap Shoot Competition. The day ended back at Isleta Casino and Resort where everything wrapped up in preparation of the Truck Driving and Step Van Championships on the final day!
The trucking industry once again took over the Isleta Casino and Resort just south of Albuquerque as the New Mexico Trucking Association and the Safety Management Council presented the 2016 Truck Driving and Step Van Championships, as well as their annual event. Preparation as well as continued support from many in the industry helped lead to a very successful 3-day event, April 28-30. 12 / New Mexico Trucking
Station 38 and Christian motorcycle club, God Squad. With the course set, driver after driver took their turns and gave it their best on a great new and challenging course set up by San Juan Community College, CDL Training Program. The competition was tough in all classes as veterans and rookies alike took to the course with a vengeance. The day finished with the grand finale, the NMTA Annual Saturday began with great weather for Banquet and where results and the big event of the weekend. In addition winners were recognized for the NM-TDC! to the TDC, the NMTA also hosted the second annual SuperTech competition. The SuperTech was added to this year’s event and with the help of Summit, as well as ABF, Rush and Purcell Tires who helped to set up the course and pitched in to help run the competitions. Summit served lunch and produced the days competition from start to finish. The TDC was soon underway after a great opening ceremony by the State Police/ NM Commercial Motor Vehicle Division, Bernalillo County Fire Department,
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Isleta Ballrooms opened up Saturday evening with special speaker, Eric Green of KOAT news, presented the master of ceremony. The evening was exciting as many anxiously awaited to see who would take home top honors of the Truck Driving and Step Van Championships. Before the presentation, dinner was served and many in attendance were entertained by a number of Mexican Folk Dancers of all ages from Baila! Baila!4r Soon the attention turned back to the stage where the night’s winners would soon be honored. Before getting to the TDC class champions, the New Mexico State Police / Motor Transportation Division honored their awards to top members of their profession and the NMTA presented several awards including Driver of The Year, the Jim Wilcox Award, the Ralph Garcia Award, as well as the Fleet Safety Awards. As the evening concluded, the top three class winners were recognized and awarded for their hard work and dedication to the Truck Driving Championships and their careers.
NM TDC Grand Champion, Dion Saiz Pictured with Lori Harris. After a win in the 3 Axle division, Dion was crowned Grand Champion at the NMTA Banquet at the Isleta Casino and Resort. Dion has been a TDC competitor for several years and has earned the Grand Champion Award back to back over the past two years!
Congratulations to the following NMTA honored individuals and the New Mexico Truck Driving and Step Van Championship winners. We look forward to watching how the top drivers in each class will represent New Mexico at the National TDC in Indianapolis, Indiana in August.
Pictured L to R - Ralph Garcia, Tony Vigil and his wife and Steve Fields (YRC Freight)
Driver of the Year!
In its second year of being presented, the Ralph Garcia Award went to an honored competitor and champion, Tony Vigil. Tony is a distinguished driver who is always a top competitor at the truck driving championships. The award is to honor a contestant who is commitment to safety, professionalism and his attitude is second to none. Tony exceeded those qualities and was picked hands down to win the award.
One of the most honored awards presented every year at the NMTA banquet is the Jim Wilcox Award. This is an award that represents hard work and dedication to safety professionalism in the trucking industry. This year recipient, Todd Kellerstrass no doubt fits the mold and was humbled and honored to receive the award. Todd Kellerstrass (XPO Freight), Johnny Johnson (NMTA Director), James Kontny (Driver of the Year, Groendyke), Lori Harris, (Western Assurance), Stan Grant, (NMTA President, Holly Frontier) The 2016 Driver of the year, James Kontny has been a Groendyke Driver for 24 years and in the trucking industry most of his life. His driving career began on a ranch in Colorado when he was a kid and also included a team driving with his wife Jeanine for a short time. His time with Groendyke James has never recorded an at-fault accident and has been inducted into the Fleet’s Presidents Club for his safety record. His recent honor of NMTA Driver of the Year is fitting for an individual that has dedicated his life to the industry and taken responsibility of driving to the highest level. He no doubt earned the right to wear the NMTA Blue Blazer! 14 / New Mexico Trucking
2015 Annual Safety Awards Jim Wilcox Sr. Award (Safety Professional of the Year) Todd Kellerstrass, XPO Logistics 2015 Award Ralph Garcia award - Tony Vigil, XPO Logistics 2015 Phil Snapka Award - Alex Juarez, CT Power 2015 Driver of the Year - James Kontny, Groendyke Transport Inc.
2015 Fleet Safety awards 100,001 to 500,00 - ABF Freight 500,001 to 1,000,000 - UPS/Team one Logistics 1,000,001 to 3,000,000 - Brady Trucking 3,000,001 to 5,000,000 - Groendyke Transport Inc 5,000,000 and over - ABF Freight Fleet of the Year - FedEx Freight 19,000,000 Miles
Pictured L to R - Jim Rowell Eric Lincoln Eric Lincoln of Rush Truck Center took home the honors of winning the 2016 NMTA SuperTech. Eric will lead the charge in representing New Mexico at the National SuperTech in Raleigh, North Carolina in August. 1. Eric Lincoln, Rush Truck Centers 2. Mike Austin, Swift Transportation 3. Bryan Barger, Swift Transportation
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NMTA 2016 TDC Championships 3 Axle (L to R)
Stepvan (L to R)
1. 2. 3.
1. Macario Chavolla, FedEx Ground Tie for 2nd/3rd Eric Kurowski, FedEx Express (Not Pictured) Harold Najar Jr., FedEx Express
Dion A. Saiz, FedEx Freight Robert Delgado, ABF Freight Lawrence R. Torrez, FedEx Freight
4 Axle (L to R)
Straight Truck (L to R)
1. 2. 3.
1. 2.
Ralph Garcia, ABF Freight Justin Gallant, ABF Freight James Parcell, FedEx Freight
Chris Shaw, FedEx Express Donald Wood, ABF Freight
5 Axle (L to R)
Tanker Truck (L to R)
1. 2. 3.
1. 2. 3.
Daniel Bruch, FedEx Freight Joey Padilla, ABF Freight Duane Oldfield, ABF Freight
5 Axle Sleeper Berth (L to R) 1. 2. 3. 16 / New Mexico Trucking
NMTA 2016 TDC Championships
Joseph Carrillo, ABF Freight Daniel B. Macias, FedEx Freight Charlie Estrada, ABF Freight
Flatbed (L to R)
Twins (L to R)
1. 2. 3.
1. 2. 3.
Michael Contreras, ABF Freight Josh Perez, ABF Freight Neal E. Lance, FedEx Freight
Gerald Benavidez, ABF Freight Carl Marquez, ABF Freight David Logan, Sysco New Mexico
Raymond Sandoval, FedEx Freight Fernando Gonzales, ABF Freight Fabian (Charlie) Lovato, FedEx Freight
Justin Gallant, ABF Freight
Rookie of the Year SPRING 2016 / 17
N�T� N�w� The New Mexico Trucking Association has a new team member to introduce to the association and he is eager to work with the trucking industry. Jacob Olsen has been in the NMTA office for several months now and many of you have already met this young man at the office or at the recent NMTA event. Jacob is an Albuquerque native who graduated from Del Norte High School, and then from UNM with a Bachelors Degree in Marketing. He continued his education and graduated with a Masters in the Science of Accounting in 2015 from the University of Phoenix. Outside of his educational background, Jacob and his family own the Baila! Baila! Dance studio and for the past 26 years have been teaching those who want to learn and keep the heritage of traditional Mexican dancing alive. They have traveled intensively dancing and entertaining crowds all across the world, including the last two Olympic Games in Australia and London. Jacob, who is also a licensed Realtor, has become an asset to the New Mexico Trucking Association. His outgoing, good nature as well as his bright smile is infectious and the association is excited to have Jacob on board where he can assist the association and support the trucking industry.
New Mexico
e m o c l e W
NMTA would like to welcome our new membersand those who have renewed memberships over the past year!!
A-Plus Well Service • Brady Trucking Brewer Oil • Fleetmatics Los Amigos • One Beacon Terry’s Service Center, Inc. • Walmart Transportation
In Memory... The NMTA invite you to share and honor your past loved ones and friends in the states trucking community. Please send us your “In Memory” of these friends and family members. Remit information to info@nmtrucking.org.
Front End Alignment $125 2-Axle: $199
1400 Mission Avenue N.E.
3-Axle: $225
Albuquerque, New Mexico
505-884-1957
Easy access off Interstate 25 Fast Service 8 Full Service Bays 24/7 Fleet Service Credit Available National Accounts Welcome!
Nationwide Warranties Top Name Brands 2500 + Tires in inventory Shuttle Service Available 24 Hr. Roadside Assistance Heavy-Duty Truck Alignments
Mon - Fri 7:30 AM - 5:00 PM Closed Saturday and Sunday purcelltire.com
Family owned and operated since 1936
You deserve powerful, affordable
legal protection. Join over 1.4 million families, and protect yours with LegalShield.
Get Ready for The Transformation! The NMTA is excited to bring to life their mobile office and NMTA Marketing trailer. The trailer is under construction now and will be ready soon to travel the state and set up at different locations to help identify the association and remind the public of the hard work of the trucking industry. See photo of the trailer now so you can see the transformation of it in the future.
To contact an Independent Associate:
Connie Garcia
505 414-0167 conniegarcia@legalshieldassociate.com
Trailer was donated to the 401c3 side of the New Mexico Trucking Safety Highway Alliance by Mesilla Valley Transportation 18 / New Mexico Trucking
SPRING 2016 / 19
Purcell New Mexico Tires & Service Center New Services New Mexico Company Celebrates 30 Years! TRSC (Transportation Rental & Sales, Inc) is celebrating their 30 year anniversary! They want to say “Thank You” to their employees and valued customers throughout the years. TRSC has been committed to the trucking industry and invite everyone to stop by Wednesday and Thursday, July 27th and 28th, between 11:30 and 1:30 both days to enjoy refreshments and food. Owners, Tom and Corina McCready will be there each day. They have operated TRSC for more than 30 years with the help of great employees. These include long time employee, Ken Tidwell, as well as many family members who work tirelessly each day. They are all looking forward to continuing to offer great service, sales and commitment to the trucking industry for the next 30 years and beyond! ******** TRSC (Transportation Rental & Sales, Inc) has been serving the Southwest since 1984, renting, leasing and selling a wide variety of over-the-road trailers, provide excellent on-site storage equipment and have a full service trailer parts and service department. TRSC provides storage solutions with short-term or long-term leases or sales and provide commercial heavy hauling to small business cargo trailers. They provide both new and used trailers and storage containers. We have the right storage or trailer solution to fit your budget! 3531 Second Street, SW (1 ½ blocks North of Rio Bravo) - Albuquerque, New Mexico 87105 / (505) 877-1615 – Office / (800) 876-1615 - Outside of New Mexico / Open Monday-Friday - 8 A.M. to 5 P.M. “We Sell the Best and Repair the Rest”
The Purcell New Mexico Tires and Service Center in Albuquerque Now Offering Heavy-Duty Alignments. FOR IMMEDIATE RELEASE The Purcell Tire and Service Center in Albuquerque, New Mexico, moved its location in September of 2015. The tire shop will be relocated from its current address at 4001 Bogan NorthEast to a newer, larger facility located at 1400 Mission Avenue NE, Albuquerque NM, and is now ready to add to their comprehensive menu of services by offering heavy-duty alignments for big trucks and RVs. “We said we would add services as fast as we could after the move to the bigger facility,” said John Puchi, the general manager of this location. “This will allow us to meet the ever-growing demand for alignments and vehicle services in the area. Our staff is excited about having the equipment and a knowledgeable technician who can align big truck and RV tires for our customers.” With the addition of equipment and services, Purcell is renewing its commitment to providing quality products and services with a personal touch. This investment is expected to solidify Purcell’s reputation for offering the highest standard of auto repair Albuquerque, NM drivers and fleet owners can look for.
Parts
Sales
1921 Broadway NE Albuquerque 800.800.3888 1101 N Troy King Road Farmington 800.800.4250
Service
24/7
salesandservice.cummins.com
To celebrate the new equipment installation and services offered at the location, Purcell Tire and Service Center will offer front end alignments for $125, 2-axle alignments for $199, and 3-axle alignments for $225. Purcell Tire and Service Center is one of the most respected tire shops in Albuquerque New Mexico. They strive to offer convenience and quality to its customers with their routine vehicle maintenance, alignments, tires, and emergency repairs. Their extensive selection of recognized tire brands are available for retail and commercial vehicles. Learn more about the comprehensive services and products offered at this location by visiting the website at http://purcelltire.com/ or by calling 505-257-0320 to speak to a service professional. About Purcell Tire and Service Centers Purcell Tire’s first location was opened in Missouri in 1936 by Robert M. Purcell. They have grown to over 60 warehouse and service centers located across the United States. The many branches of Purcell include providing tire and engine services through their retail, commercial and mining divisions. Purcell is also known for their renowned retread division where they operate 3 plants located across the nation. Contact: Purcell Tire and Service Center 1400 Mission Avenue N.E. Albuquerque, NM 87107 505-257-0320 john.puchi@purcelltire.com http://purcelltire.com/
20 / New Mexico Trucking
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Nationa l Watch Washington…Still Dysfunction Junction? We’ve all heard about the dysfunction in Washington DC, and how the lack of meaningful action by our Congress is By Dave Osiecki harming our ATA EVP & Chief of great country. National Advocacy Having spent 28 years living and working in Washington, I’ve seen first-hand how Congress’ inability to tackle tough issues has hurt us all. In trucking, we need to look no further than the continued underfunding of our highway infrastructure. But there’s good news…Congress may be getting its mojo back. As I write this in late May, I’m happy to report that both Chambers in Congress recently took action that just might make a difference for our industry. On May 19, the U.S. Senate passed an important bill that includes fiscal year 2017 funding for transportation projects. That bill (which, believe it or not, is not yet named), also includes important language to protect the hours of service restart provision moving forward. ATA actively supported this language (except the part that adds a new weekly hours cap) since it fixes the legislative glitch that occurred late last year. The Senate introduced this bill, moved it through two committees, and passed it on the Senate floor in a matter of a few weeks. Real progress. And the good news doesn’t stop there. 22 / New Mexico Trucking
The U.S. House of Representatives Appropriations Committee advanced its FY 2017 transportation spending bill on May 24 and the legislation includes two important ATA sought provisions. Similar to the Senate bill, the House version protects the 34hour restart provision by prohibiting funds from being used to enforce the July 2013 restrictions on its use. Equally important, the bill also includes a provision relating to federal preemption of state-imposed meal and rest breaks, and the language makes the preemption retroactive back to 1994. Prior to committee approval of the bill an amendment to remove these two provisions - and strongly opposed by the ATA Federation - was soundly defeated. While the House bill still has a few steps to go, if it’s passed, it could be reconciled with the Senate-passed bill and move the President as early as this summer. Nothing is certain, and the House funding bill could still hit some bumps on the road, but the good news is that Congress is seemingly getting back to the ‘regular order’ of introducing, debating and moving bills through Committees as is intended in our legislative branch of government. Shifting to the federal executive branch, we, of course, find ourselves in the last year of the Obama Administration. This means we will see President Obama and his Department heads try to finish as many rules as possible in order to establish their ‘legacy.’ This rush to issue rules by a President in his final year is common practice, no matter which party holds the White House. Here are a few of the rules affecting
our industry that we expect President Obama and his lieutenants to finish before the end of year. The Phase II Large Truck Fuel Economy rule – Part of the President’s climate change action plan, the Environmental Protection Agency and the National Highway Traffic Safety Administration will partner to issue this rule that will include new large truck fuel economy targets resulting from truck, engine and trailer changes. Expect this rule in late summer, with effective dates that start in 2018. The Drug & Alcohol Test Results Clearinghouse – We expect this Administration to finish this MAP21 required database which, if implemented properly by the Federal Motor Carrier Safety Administration, will provide trucking employers with a more complete picture of a driverapplicant’s past drug and alcohol testing and use history. Expect this rule in Fall 2016, with a 2-year implementation window.
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1/2 horizontal Dr Silverman
settl Don’t ef mon or any busi key ness !
And, finally, new ‘Entry Level’ Driver Training Standards – The FMCSA also plans to finish and issue its new training standards for drivers seeking a CDL, or upgrading it from one class to another. FMCSA has been working on this rule for years, and 2016 is the year it will finish it. Expect a 3-year implementation window. Busy times in Washington. Thank you for your involvement in, and support of, your state trucking association. Send an email if you have a comment or question about something raised in this article. dosiecki@trucking.org
David P. Silverman, DC, CME • 9809 Candelaria Rd. N.E., Suite 2-B, Albuquerque, NM 87112 • 505-918-9355 SPRING 2016 / 23
SMC
Bulletin
Is your Driver information secure???... As haulers, the main focus is to ensure that all goods are shipped as safely and efficiently as possible. Motor carriers often focus on maintaining safe vehicles and developing processes to protect and secure hauled loads, but they often neglect to create such systems for personal driver information. The Federal Motor Carrier Safety Administration mandates in Part 382: Controlled Substances and Alcohol Use and Testing: subsection 382.401 Retention of Records “Each employer shall maintain records of its alcohol misuse and controlled substances use prevention programs as provided in this section. The records shall be maintained in a secure location with controlled access.” For this article, Information Security is being used as it pertains to drug and alcohol records keeping. Information Security can be defined as the preservation of: Confidentiality: Protecting information from unauthorized access and disclosure Integrity: Safeguarding the authenticity, accuracy and completeness of information and processing methods Availability: Ensuring the information and associated services are available to authorized users when required. To ensure that all driver information is protected and secured from unauthorized access, companies must be diligent in creating, implementing and adhering to 3 basic safeguard practices. 1. Security: Records must be kept locked and secured at all times. 2. Access: Records should only be accessible to those authorized by the company’s Drug & Alcohol Policy. 3. Safe: Records must be retained in a secure location for a varying period of time depending on the nature/ Outcome of the testing data. a.
Five Years: All positive tests for controlled substances or alcohol tests resulting in 0.02 or greater; employee refusal to a drug and alcohol test; driver evaluation and referrals; testing equipment calibration documentation; records related to drug and alcohol program administration; and the annual calendar year summary.
b.
Two Years: Records related to drug and alcohol program substance collection
c.
One Year: Records of negative, cancelled drug and alcohol tests, and alcohol tests resulting in less
d.
Indefinite: All training and education materials related to employees authorized to administer the company’s drug and alcohol program.
Open access to employee information can result in penalties in excess of $10,000. Avoid hefty penalties and fines by following these 3 simple steps when maintaining employee drug and alcohol files and information. **Information provided by FMCSA & IAT Insurance Group 24 / New Mexico Trucking
SPRING 2016 / 25
J�i� t�e T�a� er t s i Reg A.T. . as T ed in a r T
We know a lot of New Mexico carriers and schools have been showing the TAT training DVD and passing out wallet cards to their drivers. Many have taken the time to join, but we need more! It only takes 2 minutes to register on TAT’s website. It is a simple process helping TAT show shippers and the rest of the world that members of the trucking industry have joined the fight against human trafficking! Go to www.truckersagainsttrafficking.org click on the TAT Trained button and then click register to add your company or school to the site!
A BIG thanks to the NM companies/schools who have already registered! Albuquerque Albuquerque Farmington Albuquerque Las Cruces
Team One Con-Way Freight San Juan College Central New Mexico Community College Mesilla Valley Transportation
12 6 176 38 1500
Get In Front of The Trucking Industry! Advertise in the New Mexico Trucking Magazine
New Mexico
Stand up and be counted as T.A.T. trained! 26 / New Mexico Trucking
• Support the New Mexico Trucking Association • Advertise and market your companies service or products
• Reach key decision makers in the trucking industry each quarter • Build a brand name in the Industry For more information about advertising and marketing in the New Mexico Trucking Magazine, or to receive a media guide, please contact:
Ryan Davis phone:505-407-2151 email: rdavis@rjfive.com
SPRING 2016 / 27
Behind The Lights By Jimmy K Glascock, Deputy Chief New Mexico State Police / Motor Transportation Division
I
t is the mission of the New Mexico State Police Commercial Vehicle Enforcement Bureau to promote the safe and legal operation of commercial vehicles upon New Mexico roadways.
The New Mexico State Police, Commercial Vehicle Enforcement Bureau would like to provide the Trucking Industry with information regarding two specific rule revisions that will include increased enforcement of Title 18, New Mexico Administrative Code (NMAC), pertaining to special oversize/ overweight permits, the enforcement of Weight Distance Tax compliance/trip permits, and transition to credit cards at the primary form of payment for permit transactions. Recent changes to Title 18 mandate that Oversize/ Overweight permits be self-issued through the New Mexico Operations online permitting system. Strict enforcement of the requirement that permits be obtained prior to entering or moving a load that is required to be permitted in New Mexico will begin on July 1, 2016. Carriers and drivers must have the special permit issued by the Department before entering or moving that load within this state. This increased enforcement also includes New Mexico statutory requirements for proper compliance with Gasoline, Trip and Weight Distance Tax. Specifically, on February 12, 2016, revisions to Title 18 of the New Mexico Administrative Code, were published and became law. Below is the new language pertaining to the issuance of oversize/ overweight permits prior to entering this state:
18.19.8.20 ENTRY INTO NEW MEXICO: A. An oversize or overweight vehicle, combination 28 / New Mexico Trucking
or load shall have a special permit issued by the department before entry into this state. Any required escort vehicle shall be certified by the department before entry into this state. B. If an escort vehicle is not certified before entry, the escort vehicle and the escorted vehicle or load shall stop outside the state. The escort vehicle driver shall turn off or remove all exterior lighting and equipment, remove or cover any signs and remove the amber lights and flags. The escort vehicle shall then drive to the nearest port of entry where the vehicle and equipment can be checked and verified for certification. After the escort vehicle has been certified, it shall drive back, without display of lighting, signs, flags or equipment, to where the escorted load has stopped outside the state. All required lighting, equipment, flags and signs shall then be repositioned on the escort vehicle, and the permitted load and escort vehicle shall enter the state. C. A special permit may be obtained by submitting an electronic application over the internet at www. mtdpermits.dps.state.nm.us. [18.19.8.20 NMAC - Rp, 18.19.8.13 NMAC, 2-122016] The New Mexico online permitting system allows carriers to self-issue most special permits from any computer, tablet or smart phone. The revisions to the NMAC rules governing these permits allow for electronic copies of the permits as proof of compliance. While the system and process of self-issuing has been available for over a year, the Department continues to see carriers waiting in lines at our ports of entry. State Police continues to contact commercial vehicles after they have traveled on New Mexico Highways without proper permits and bypassed ports of entry. Carriers who choose to call the permit office may experience greater delays in turn-around times than if they obtain the permits on- line. Carriers who drive to a port of entry without being properly permitted for an
oversize or overweight load may also experience a waiting period or be cited for not having the proper special permit in possession prior to it being moved on New Mexico’s roadways. All of our offices will assist carriers/drivers with problems, questions, or special situations that require the assistance of our personnel; however, these issues must be resolved and a permit must be issued prior to the overdimensional load being moved within this State. Increased enforcement of Weight Distance and Trip Tax compliance will also increase. State Statute states:
65-1-26 Documents; required in each commercial motor carrier vehicle; detention of vehicles. A. A commercial motor carrier vehicle operated on a New Mexico public highway by a motor carrier required to be registered with the department shall have in it at all times: (1) proof of payment of the trip tax; or (2) both evidence of registration and a tax identification permit issued by the department. B. The driver of the vehicle shall be able to display either proof of payment of the trip tax or both the evidence of registration and the tax identification permit upon request by any law enforcement officer or employee of the department. C. Upon failure of the driver to display either proof of payment of the trip tax or evidence of registration , it shall be presumed that the vehicle is subject to registration under the laws of New Mexico unless it can be demonstrated that the vehicle is exempt from registration requirements of the Motor Vehicle Code [66-1-1 NMSA 1978]. A vehicle presumed subject to registration may be detained until registration, including payment of all required fees, is completed. D. Upon failure of the driver to display either proof of payment of the trip tax or a tax identification
permit issued by the department, the trip tax shall be presumed due. A vehicle presumed subject to the trip tax may be detained until the trip tax is paid. E. A commercial motor carrier vehicle subject to and not in compliance with the weight distance requirements of the Weight Distance Tax Act (7-15A-1 NMSA 1978] may be detained until the tax is paid. A nonfiler or zero-filer status or an inactive weight distance account is proof of failure to pay the weight distance tax. Carriers can expect New Mexico State Police officers and inspectors at the ports of entry verifying compliance with these requirements and increased enforcement. Trip tax permits will only be issued to carriers when applicable. Vehicles not in compliance with the Weight Distance Tax will be handled accordingly, referred to the Taxation and Revenue Department and the commercial vehicle may be detained according to New Mexico law. It is also our goal for commercial vehicles to be compliant with all permitting requirements before entry or movement in this state. The unlawful operation of commercial vehicles that are not tax compliant or are not operating with proper oversize/overweight permits threaten highway and bridge infrastructure and other motorist on the roadway. We would like to emphasize that most delays can be avoided if carriers become familiar and utilize the permitting system. These delays can also impede the efficiency of our permit office and ports of entry, as well as delaying the transportation of commerce. The department is expanding our ability to process credit card and debit card payments at our ports of entry. In closing New Mexico State Police supports commercial carriers as well as the safe and efficient transportation of commerce. By complying with these amendments, carriers and drivers contribute toward safer highways and better travel across New Mexico. SPRING 2016 / 29
New Mexico CALENDAR
Upcoming Industry News and Events!
WHOS’S SUPPORTING THE TRUCKING INDUSTRY IN THE STATE!
July 4 Independence Day - Closed 6 Safety Management Council Meeting
APSCO.......................................................... 11
August
Brewer Oil................................................. 8, 25
3
Safety Management Council Meeting
CT Power ........................................................ 9
10-13
National Truck Driving Championships: Indianapolis, IN
September 5
Labor Day - Closed
7
Safety Management Council Meeting
11-17
National Truck Driver Appreciation Week
18-20
National SuperTech Competition: Raleigh, NC
22
First Day of Autumn
October 5
Safety Management Council Meeting
10
Columbus Day - Closed
31
Halloween
November
AVI Risk Management .................................. 31
Cummins Rocky Mountain ........................... 21 Dr. Silverman ................................................ 23 Great West Casualty Company ..................... 32 Groendyke ..................................................... 27 JJ Keller (NMTA) ......................................... 19 Leagal ID/Shield ........................................... 19 McFall Electric................................................ 7 Meritor Drive force ....................................... 25 NY Life ............................................................. Ortiz Law ........................................................ 9
2
Safety Management Council Meeting
Pro Drivers ........................................................
8
Election Day
24
Thanksgiving Day - Closed
Purcell Tire .................................................... 19
25
Closed
Quality Trailers ..............................................11
December
Rush Truck Center ...........................................2
7
Safety Management Council Meeting
San Juan Community College........................23
21
First Day of Winter
24
Christmas Eve
25
Christmas Day
TRSC................................................................3 Truckers Against Trafficking..........................26 Walwork Financial ...........................................9 Wells Fargo ....................................................25 Western Assurance .........................................21 NMTA Membership .........................................4 NMT Magazine ..............................................27
30 / New Mexico Trucking
SPRING 2016 / 31
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