New Mexico
NMTA in Washington National TDC
P lus
First NM Supertech!
New Mexico 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 Patty Lundstrom Representative-District 9
Publisher Ryan L. Davis RJ Five LLC rdavis@rjfive.com
Sergeant - Wendy Carpenter Graft NM Dept Public Safety Jim Smith Directory of Safety ProDrivers
Contributing Writers Lori Harris
Stan Grant Holly Frontier
Graphic Design RJ Five LLC. Executive Editor Johnny R. Johnson New Mexico Trucking Association jrjohnson@nmtrucking.org
Sam Bagby Groendyke Transportation Cover Photo
NMTA Board in front of The Capitol in Washington DC during the Call to Washington
New Mexico Executive Director – Johnny R. Johnson jrjohnson@nmtrucking.org BOARD OF DIRECTORS President Wayne Sonchar BTU Block
Secretary / Treasurer Larry Knippel Danlar Collision
1st Vice President Stan Grant Holly Frontier
ATA State Vice President Bruce Mac Rae United Parcel Service
2nd Vice President Sam Bagby Groendyke Transportation
Chairman Raul Garcia Mesilla Valley Transportation
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
FALL 2015 / 3
In This Issue 6
Directors Desk
8
Presidents Podium
10
From the Roundhouse (Rep. Patty Lundstrom, District 9-McKinley & San Juan)
12-14 New Mexico Truck Driving Championships 16-17 20
21
12
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SuperTech Behind the lights (Sgt. Wendy Carpenter Graft, New Mexico Department of Public Safety, Commercial Vehicle Enforcement) Truckers Against Trafficking
22
SMC Bulletin
24
National Watch
26
NMTA Calendar
26
Advertising Index
16
Directors Desk With a nice visit to Washington, DC, the majority of the NMTA executive board and myself had the chance to meet with Congressman Steve Pearce, Senator Tom Udall and staffers from Lujan, Grisham and Henrich on what we feel are very important issues concerning the trucking industry in New Mexico. Like the Capital Building in DC that is currently under construction, so is the trucking industry throughout the country and the NMTA and myself are determined to help rebuild it. We appreciate the face to face meetings with Congressman Pearce and Senator Udall and were disappointed by the lack of appreciation shown from other elected officials we were expecting to meet with. This was even after numerous attempts by the New
6 / New Mexico Trucking
Mexico Delegation to schedule these meetings many months in advance. Both Congressman Pearce and Senator Udall were very interested in what the delegation came to DC to express on behalf of the New Mexico trucking industry. These topics included CSA issues that have an ill effect on many in the industry everyday, HOS service, infrastructure, federal highway bill, fuel taxes and of course national security via homeland security and regulations that affect efficiency for trucking companies. The visit was an eye-opener to the delegation on just how complex and inefficient our Federal Government really works or does not work, but with that being said, it is a place I would personally recommend all American’s visit once in their lifetime and take enough time to see the vast number of historic sites that Washington DC has to offer. Unfortunately, we had time to visit only a few of these sites this year and some came in too late to do even that due to weather in route from New
Mexico to Washington (by the way two of our board members rode on Southwest with Senator Udall), but the sites we did visit were grand in both statue and historic value. I humbly admit as a veteran, Arlington cemetery was quite impressive and humbling to walk through. We saw where JFK is resting and the tomb of the unknown at the changing of the guard to name only a few. The Washington Monument was a sight from anywhere in DC and was an amazing sight. We were only able to see the Pentagon from the air and by cab on the way to airport and I personally look forward to a future visit where I will be able to see more of the great city. Johnny Johnson Don’t be afraid of new ideas. Be afraid of old ideas. They keep you where you are and stop you from growing and moving forward. Concentrate on where you want to go, not on what you fear. – Anthony Robbins
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Presidents Podium I had the honor and privilege of joining NMTA Director, Johnny Johnson and other members of NMTA during a recent Call of Washington. It has been over 15 years since NMTA has participated in a Call on Washington and what an honor it was to be there this year. We were able to visit and share the concerns of NMTA with Congressman, Steve Pierce and Senator, Tom Udall. We were also able to meet with staff representing Senator Heinrich, Congressman Lujan, and Congresswoman Lujan-Grisham. All in all it was a positive experience for myself and the NMTA. The meetings we attended provided us
8 / New Mexico Trucking
the opportunity to convey the position of NMTA on key issues affecting all of us in the industry. We were also able to present the impact that our industry has on the New Mexico economy. Here are some key facts about the trucking industry that was well represented during the trip: •In 2012 the trucking industry accounted for 33,630 jobs in New Mexico. •There are over 3800 trucking companies located in New Mexico. •Trucks move 91 percent of the manufactured goods in New Mexico. •Our industry pays over 545 percent of all taxes and fees owed by New Mexico motorists, but account for only 20 percent of the vehicle miles traveled in the state.
that affect us. NMTA gives us this voice. As an association that has represented trucking in New Mexico since 1939 we will continue to grow and do the good work with your continued and growing support. I would encourage you to join NMTA if you are not a member, and if you are, encourage others to join. Together we can continue to grow this great organization and provide great representation for the trucking industry in New Mexico. Wayne Sonchar, President B.T.U. Block & Concrete, Inc. Las Vegas, NV
It is imperative that our industry is recognized and given a voice in matters
FALL 2015 / 9
FROM THE ROUND HOUSE
From the Board... I joined the NMTA board members this past month at the Call to Washington. Overall I think it was a good trip and the board carried out issues that were well received by several of our Federal officials. The visit at Representative, Pearce’s office was very good. I felt like Pearce was in tune to our needs on each subject. However, the visit at Representative, Grisham’s office was not as good of a visit. She did not meet with us and in fact had someone else come into the office to get her bag. This was not what I expected and felt like she did not want to discuss any issues we brought with us. Representative, Lujan’s staff person that we meet with, was an ok visit. It was a good meeting but I felt we had a misconnection with his Representative. In addition, the meeting with Senator, Heinrich was also just ok in my opinion and I felt he was also not interested in visiting with us on issues concerning the trucking industry in the state. I started the meeting we had with Senator, Udall with some doubt and that he was just trying to be nice without any in tune commitment on our issues. However, in the end when he stated he would change his mind on an issue I felt much better and was pleased with our progress during the meeting.
The Importance of the Trucking Industry
How modernizing our infrastructure can drive the economic environment in NM
T
he trucking industry is an important component of the New Mexico economy. According to the State of New Mexico Department of Workforce Solutions, for the first quarter of 2015, the Transportation and Warehousing Sector registered 23,236 employees, providing $276,459,831 in total wages. The statewide average weekly wage across all industries, both public and private, is $805.00. Identification of NAICS code 484 – Truck Transportation reveals a weekly wage of $983.00; 22 percent above the state average. Truckers make their first economic contribution by delivering raw materials to manufacturers. For example, trucks transport raw materials from local suppliers, such as mines, quarries, farms, and loggers, to factories that need materials to make products. Finished products then travel on trucks to wholesalers and retailers, or to other transportation conduits to travel by ship, airplane, or train to destinations around the state, the country, or the world. Virtually every type of good travels on a truck at one point or another. Shipped goods include agricultural products, furniture, stone and minerals, motor vehicles, wood, textiles, leathers, coal, petroleum – in short, just about every product category that exists.
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Because of its intensive use of infrastructure, the transport sector is a common tool used for development. This is even more so in a global economy where economic opportunities are increasingly related to the mobility of people, goods and information. A relation between the quantity and quality of transport infrastructure and the level of economic development is apparent. High density transport infrastructure and highly connected networks are commonly associated with high levels of development. When transport systems are efficient, they provide economic and social opportunities and benefits that result in positive multipliers effects such as better accessibility to markets, employment and additional investments. When transport systems are deficient in terms of capacity or reliability, they can have an economic cost such as reduced or missed opportunities and lower quality of life. As a member of the Transportation and Public Works Committee in the NM House of Representatives, I have been a champion for modernizing our statewide transportation infrastructure. This includes examining all options for revenue enhancements to strengthen the State and Local Government Road Fund. During the 2015 NM Legislative Session, I introduced House Bill 262 to
Overall it was a good trip and one I am happy I joined with the NMTA. We made a positive move towards voicing the opinions of the trucking industry in the state and I feel that a great step in moving New Mexico Trucking forward. Stan Grant – Holly Frontier
Rep. Patty Lundstrom District 9 – McKinley & San Juan
generate new revenue for transportation investments. The NM Department of Transportation (NMDOT) estimates the annual construction funding need to be $600 million while the current budget for construction projects is $257 million leaving an unfunded need, or gap, of $343 million. The provisions of HB 262 would reduce the construction funding gap by approximately $33 million per year through FY19. Businesses of all sizes depend on the trucking industry to maintain fast delivery times and deliver products safely all over the nation. The trucking industry handles much more cargo than trains, ships, or planes – and without trucks, goods could never travel from rail yards, ports and airports to final destinations. If the trucking industry stopped rolling, the U.S. and New Mexico economy would grind to a halt. Continued investments in our transportation infrastructure will move the New Mexico economy forward.
r the way ou pointed in ly saw a small p a is d m a at I I on rt e. I know ve to say th A. Joe Ha of all, I ha getting so little don dler” from the AT erything st ir F . C D ev an ast week in involved in ining how e had a “h gton this p amount of people rocess really is. W was good at expla in sh a W o We all T dous the p e. He an Pierce). m e NMTA C ems like a tremen how complicated e meetings on tim ss th e d r e g d n n o e ea fiv dC I att It se d into our r Udall an t had no id rce for us. nt works. t were governme g my brief visit, bu office buildings an d was a good resou o of them (Senato we though t f tw a n o in h a r h e s w z u it r a d w d a e e m ). e t n ss e ee 6y slic and discu , and Luja through th ATA for 1 e able to m ith guided us has been with the f congress. We wer , Congress Grisham or 9 talking points cularly w 8 e most parti stry position d n works. Jo o has 5 members o er three (Heinrick attended. We had a , st o m y th ic h the indu that with ship New Mex ith staff from the o ll were good as the tions. discussed ill provide him wit e. I have a relation ggage. e a w w si d o t U e so p d m d d r n n w o a a a a m b e h a e s als r c n y W d r r . fo tt y e o ie e b g c r P e su e p in e is ait ng r sue with wm Meetings onsidering the voti ing the Twin 33 is misinformed on th breaker as he kne d a chance to visit w y c e sh pertinent r members are pu nd he was obviousl e had a bit of an ic t from ABQ and ha u v a h o a , f ig h st o fl y raising again e ma same Some about only porting had voted mised to review. W e were also on the m e r H fi . is ll a e p d c r o U su -in-law. W is office. that he pr ts, and Pie st. ATA is and facts epdaughter and son munication from h lking poin to the highway tru uch of the highway ta ty r a p ly go sm with his st if there is and com e got most e that will nal funds ce’s idea a e way bill. W en if those additio however like Pier eing a gridlock issu h ig h d We will se e in I s. sta as b nd th e highway I see this about a su parated a d to each ss transit can be se ose dollars go to th ould be separated. e lk ta o ls f th ma st of We a nd sh cussed co say 98% o e pump if systems a greater majority. ts. We dis uirements. n taxes at th in fuel tax as they rban mass transit a e s m a e h ir r u e q eq th t of EPA r ld remain f future re an increase sucked up by the u l one party or the o t vancemen nknown impacts o S regulations shou ti e d n g a u s d d ie e a n u o o n r ti m O eu on down the tion that H d about th d cost of c get kicked impact an are very concerne , as well as our posi g n si a e r c t the in etc., and iscussed with all lan is to lked abou d d weight, and our p l see if there s, r a e y We also ta reliability, increase reventability) was 0 2 than but wil p se in more be a waste of time, purchase, (no accounting for 2013 language. e th f o e n o y CSA data tly) on the pre-July cipated in that it ma n s not parti e. I was concerned a h A T M (permane ip. N logu ve was a presentati r too. About orth the tr ens any positive dia e w r s r a e w H . it m e b ha is op think man Gris h the mem e guys Overall, I in in two years if th f Congress y disappointed wit wned on one of th g o a n g o . a ti lt d p e n su c e in re all da ex att pacts as a e. I was re in and gett ’s desk. It sues, with are any im p of the is been a waste of timbehind the member instead of coming but she should to n o s a aff that w pinion may have ot a purse from desk after all) and y back in session) bers had st dg da yo er Most mem that meeting in m a staffer came in an m’s purse (it was h they are busy (first d a n g w h a n o is ti n r ie e k b e G e w m en ne .W ish I had rough our st have be bad form efore. I w and I am b it f o y halfway th tes later that it mu I thought this was er absence. n a u h xposed to time to DC a few min t someone else in. nd apologized for not been e ing. Was my first d a h I n a d se o n , ll th a e e herself said h um or som the process e at least strated by uments and a muses there. u could hav fr s a w I n e. mo I wa me of the ience for m ore while ood exper ed longer to see so portunity to see m g a s a w y It e of the op arly or sta come in e not take advantag sportation n id sorry I d y – Groendyke Tra b g a B Sam
FALL 2015 / 11
New Mexico Represented Well at National Truck Driving Championships
NTDC drivers were welcomed all across St Louis with banners
National Truck Driving Championships
New Mexico Represented Well at National Truck Driving Championships! The 2015 National Trucking Driving Championships were held this year in St. Louis, Missouri at the America’s Center Convention Complex & Edward Jones Dome, home of the St. Louis Ram’s. The arena was fantastic and openly held the event with plenty of room to spare. Drivers from all across the country competed head to head for national titles throughout five days starting August 11, 2015. As the days passed the competition grew stronger and the honor to wear the National Truck Driving Championship Titles fell to those who rose to the top of their classes. The competition was incredible this year and the scores reflected the hard work of every driver who pushed their fellow competitors to the top. The event hosted over 415 of the country’s top professional drivers. In addition, over 2,000 friends, family, colleagues, company executives and fans were in attendance to cheer on the competitors as they compete in a skills test, pre-trip inspection and a written exam. The New Mexico team did very well and was in the top 10 in several classes. Although they came home without any National Titles this year, but they held their own against the stiff competition and are already looking forward to competing in 2016 and making it to the 2016 NTDC in Indianapolis, Indiana.
2015 New Mexico Truck Driving and Step Van Champions receiving their NM Association State trophy buckles (L to R) - Dion Saiz, Chris Shaw, Raymond Sandoval, Parcell James, Carlos Sandoval, Tom Fullerton, Ralph Garcia, Donald Wood, Charlie Estrada
Watch for updates from the New Mexico Trucking Association concerning many new and exciting changes to the 2016 New Mexico Trucking annual event and TDC. Plans are already underway to enhance the event, promote all of the competitors in the event and continue to support the Trucking industry throughout the state and the country. The NMTA will correspond these upcoming events planned for May of next year through email, Facebook and on the NMTA website. Stay tuned and stay in touch!
Dion Saiz, NM Grand Champion studiously studying the course problems.
National TDC inside the Edward Jones Dome in St. Louis, Missouri
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FALL 2015 / 13
National Truck Driving Championships
Tom Fullerton, driver from Conway Freight at the NTDC
Carlos Sandoval at the NTDC
It was a tough day for the ducks in St Louis!
2015 NTDC re-Trip
Donald Wood, NTDC Straight Truck Class walking the course. 14 / New Mexico Trucking
Groendyke supplied one of the tanker at the NTDC FALL 2015 / 15
NMTA Introduces Super Tech to the Industry! The 1st annual Super Tech was held at CNM campus in Albuquerque, NM this past summer. With 20+ technicians competing for a chance to represent New Mexico in August at the Nationals in Florida there were 9 stations provided by Summit Truck and CNM. Rush Truck Centers of Albuquerque put up $2,000 to the first place winner in the working technicians class and CNM put up $500 to the high score in the student division. In addition, Summit Truck not only provided lunch to the contestants, but also applied $100 cash to each station winner as well. For year one - It was an awesome event that was well attended by company officials as well as families. The NMTA looks forward to next year’s event and a chance to continue to promote all factors of the trucking industry in the state. The NMTA wants to thank Motor Transportation who provided their MTP-53 foot Training Trailer for 2 of the 9 stations along with 5 personnel from the New Mexico State Police. They were extremely professional and a tremendous asset to the event. The next Super Tech will be held April 29th 2016 at Isleta Resort and Casino in conjunction with our New Mexico Trucking Annual event and Truck Driving Championships and MTP Challenge. The NMTA board and many present at the 2015 Super Tech were so encouraged by this year’s event they wanted to include it in the annual event in order to grow both events.
2015 Student champion - Stuart Braughton presented his award by CNM Diesel Instructor, Robert Burkhard
Winning the Working Technicians was Erick Lincoln from Rush Truck Center, Albuquerque, NM. As the winner of the first ever event, he will forever be a part of a tradition that supports the hard work of many of the behind the scene employees that help keep our roads safe.
2015 Super Tech Champion, Erick Lincoln presented his award by Scott Klinkhammer of Rush Truck Centers
The Student Division from CNM was Stuart Braughton. Although just beginning a career, Stuart was on his game. The future is bright and Stuart is only one of the many who will make a difference in the industry.
TA / Petro had several station winners
CNM campus and the New Mexico State Police during the first ever NM Super Tech
Summit Truck Group provided lunch for all participants and family, as well as prizes for all station winners
3rd Place winners from Swift Transportation, Glen Logan also won several station awards.
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FALL 2015 / 19
Behind The Lights
If you were to see me on the highway you might not know me. However, you have seen me or someone like me parked on the side of the road, directing traffic after a horrific crash, or just plain ol’ running radar. But my story really did not start here. It started years ago as a young girl, just 17 years old. I joined the United States Navy and being from New Mexico I was not world-
ly traveled, That is why I say my life really began there. I joined the Navy to see the world and boy did I. I started my career in the Navy as a welder and later a Navy Diver, then finally I settled on a Non-Destructive Testing Inspector. My career in the Navy was just the beginning of my journey. Along the way I married my hometown sweetheart and had two beautiful girls and now I have a grandson. I have been with New Mexico Department of Public Safety for 11 years now and I have recently made Sergeant. As I look back and really look at where
Trafficking survivor designs TAT poster to speak to human trafficking victims
Sgt. Wendy Carpenter Graft New Mexico Department of Public Safety Commercial Vehicle Enforcement the time has gone and how my career has changed from the Navy to being a police officer, I don’t think I would have done it any differently. I stop drivers all the time, and sometimes we exchange a few words about being a veteran or how they miss the Military. It is during these times when many drivers tell me that they understand that I have a tough job and they appreciate what I do. Most drivers don’t know me and I don’t know there story either. I treat each driver with respect, because that is how I was raised. I’ve seen a lot in this job and I try to keep a smile on my face and be as professional as possible. Keeping the public safe is my job and my top priority. So when I pull you over its not just about the ticket or even the violation, its about people interacting with one another trying to do their jobs all the while keeping everyone safe. When I was asked to write this article I had to ask myself why anyone would do what I do. All I can say is I love it and I would not want to do anything else.
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Old sayings are usually uttered in response to a kernel of truth which can be gleaned and applied to life. So it is with the old saying, “It takes one to know one.” The application for staff at Truckers Against Trafficking (TAT): if you’re going to create a poster to speak directly to victims of domestic sex trafficking, hire a trafficking survivor to design it. And they did. Last year, Sherry Dooley, a graphic artist and trafficking survivor, created the design for the TAT poster, “Want Out of the Life?” The poster, which features the TAT logo, as well as the logo for Polaris Project, which operates the National Human Trafficking Resource Center (NHTRC) and hotline, shows a teenage girl, head bowed, at a sink in a public restroom. The figure expresses hopelessness, exhaustion, depression, abandonment and loneliness, all emotions trafficking victims experience in the life their traffickers have thrust them into. The poster directs the victim to call either the NHTRC hotline number or the Be Free text number to seek help and learn what options are available 24/7. To meet federal standards in those states requiring the posting of the NHTRC hotline number in public places, such as bus stops, truck stops, bars and other locations where victims have been recovered, the poster also carriers the mandated legislative language at the bottom. The poster is stark, printed mainly black and white with just two pops of color – the numbers at the top and a red heart at the bottom. Dooley felt victims would respond to the heart, a symbol of love. “We would love to see this poster put up in every public restroom in every travel plaza and truck stop in the country as well as at every rest area,” said Kendis Paris, TAT executive director. “That way, trafficking victims can see there are people thinking about them and available to help them … all they have to do is call or text.”
The poster is available in English or Spanish by contacting tat.truckers@gmail.com.
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SMC Combating Driver Fatigue Commercial Trucking is a sedentary, high stress and anxious lifestyle. Driving long hours on the road, paired with poor sleeping and eating habits, can potentially affect your health in a negative way leading to sleep deprivation and fatigue. Sleep deprivation or the lack of sleep, affects you by increasing reaction time, degrading attention and vigilance, increasing distractibility or confusion and increasing the probability of performance errors. Fatigue has been known to be the contributing factor to up to 40% of all heavy truck crashes. According to the National Highway Traffic Safety Administration (NHTSA) sleep deprivation/driver fatigue factors in almost 100,000 motor vehicle accidents and accounts for over 1,500 driver fatalities each year. Upwards of 66% of commercial truck drivers noted experiencing some degree of fatigue on at least half of their trips, 65% recounted symptoms of drowsiness such as yawning, being sleepy and struggling to stay awake and 13% reported actually falling asleep at the wheel while driving.
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.
Get In Front of The Trucking Industry! Advertise in the New Mexico Trucking Magazine
New Mexico • 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
Go to www.nmtrucking.org to join today!
How do we combat Driver Fatigue? The Federal Motor Carrier Safety Administration has mandated Hours of Service (HOS) rules and regulations that specifically govern the amount of time you are allowed to operate vehicles in a safe manner. The “14-Hour Rule” is the commercial driving standard. It states that during a 14-hour shift, you can drive a maximum of 11 hours and this must be reflected on your logbook. In addition, you may not exceed 60 hours of driving time in a 7-day period or 70 hours in an 8-day period. The FMCSA developed the HOS rules and regulations as a preventative measure to combat fatigue, but it is up to you to ensure the safe movement of products and passengers through the transportation system, and to reduce the risk of highway accidents that result in fatalities, injuries, and property damage. Diligently making sure that you are rested and alert while operating commercial vehicles in a safe manner, is not only the responsibility of the FMCSA but the individual Motor Carriers and YOU!! So follow the HOS rules, eat right and sleep so you COME HOME SAFE!
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FALL 2015 / 23
Nat ion a l Watch When is the last time you checked your CSA score? Do you have documentation of what you are doing to correct deficiencies? Be assured that the billboard attorneys that represent plaintiffs injured in big truck accidents are checking scores each time an injured party walks into their office. In fact, there is a detailed how-to article published in a legal journal for trial lawyers encouraging them to use the discovery process to obtain CSA information. You don’t even need the discovery process to view the 5 public scores, anyone can do it. Imagine the delight in the eyes of any attorney when they determine that a trucking company named in a lawsuit has any BASIC above the established threshold, much less a deficiency that may have contributed to the crash. Should this information make its way into the courtroom, which it has, a jury may certainly be led to believe that the trucking company is negligent. Since its inception in 2010, the Compliance, Safety, Accountability (CSA) initiative has offered a major challenge for motor carriers faced with personal injury litigation. While CSA is meant to “improve large truck and bus safety and reduce fatal crashes,” there is compelling evidence from a number of sources that indicate that it does not. The American Trucking Association (ATA) has published a white paper entitled “The Reliability of CSA DATA and Scores,” this paper offers mixed reviews of the arguments for and against Safety Measurement System (SMS) reliability. While the paper does recognize that SMS data has the potential to be used against trucking companies in litigation, the FMCSA also warns that conclusions about a carrier’s safety record should not be determined based on this information. The paper also points out that the American Transportation Research Institute (ATRI) recently published a study that indicates that there is a possible relationship between carrier safety and SMS data. 24 / New Mexico Trucking
With the arguments both for and against the reliability of SMS data, it is definitely a best practice for any motor carrier to not only view CSA scores, but document what you are doing to improve those scores. Ted Perryman, a lawyer for a St. Louis based law firm of Roberts Perryman, recently said during an ATA webinar that, “If CSA evidence makes its way into the courtroom, in my opinion, it could very well tip the scales in given cases.” Perry went on to state that, “It occurred to me that at the fingertips of every personal injury lawyer is a list of every violation or citation issued against a motor carrier for the past 24 months.” Perry also said, “This is an amazing depository of information and evidence at your computer.” Currently, there have been no appellate rulings on the admissibility of CSA scores as evidence. With that said, there have been multiple cases where CSA evidence was allowed. In 2012, a case in Arkansas federal court allowed evidence involving two tractor-trailers and a single car. In that case, the court determined that the plaintiff’s witness could testify regarding the defendant’s CSA score and the on road performance at the time of the accident. (Transport Topics, August 19th, 2014) This is just one of several cases where CSA may have clouded the vision of anyone involved with the verdict. In summary, SMS results are an indication to a motor carrier that there is either a real or perceived threat to safety performance. Checking CSA scores regularly will alert the motor carrier to that threat. Documenting corrective action will not only make you a safer carrier, but could save you money in litigation.
Jim Smith, MS, CSP Director of Safety ProDrivers FALL 2015 / 25
New Mexico
WHOS’S SUPPORTING THE TRUCKING INDUSTRY IN THE STATE! 2nd to None Fleet Service ............................. 20
CALENDAR
Upcoming Industry News and Events!
AVI Risk Management .................................. 27 Brewer Oil............................................... 15, 23
November 1-2 1-4 11 16-19 17-21 26 27
Denver WSTA meetings SMC meetings in Little Rock Arkansas Veterans Day (Tentative SMC meeting) Albuquerque, NM National Industrial Transportation League Annual Conference & Freight Exhibition, New Orleans, LA WTAEC meeting California Thanksgiving Day - NMTA offices closed NMTA offices closed
CT Power ...................................................... 15 Cummins Rocky Mountain ............................. 6 Danlar Towing................................................. 3 Dr. Silverman .................................................. 7 Great West Casualty Company ..................... 28 JJ Keller (NMTA) ........................................... 9 Leagal ID/Shield ........................................... 15
December 2 24 25 31
SMC meeting Albuquerque, New Mexico Christmas Eve - NMTA offices closed Christmas - NMTA offices closed New Years Eve - NMTA offices Closed
January 3-6
Specialized Carriers & Rigging Association Board & Committee Meetings, Cabo San Lucas, Mexico 7 SMC meeting Albuquerque, New Mexico 10-14 Transportation Research Board Annual Meeting, Washington, D.C. 16-20 National Private Truck Council Private Fleet Management , Jacksonville, Florida 20-22 SAE International Government/Industry Meeting, Washington, D.C. 24-27 National Motor Freight Traffic Association Annual Winter Meeting, Cape Coral, Florida 25-29 Commercial Vehicle Safety Alliance COHMED Conference, San Antonio. TX 31-Feb 2 American Trucking Associations Executive Meeting, Newport Beach, California
Meritor Drive force ....................................... 18 NY Life ......................................................... 20 Ortiz Law ........................................................ 9 Pro Drivers .................................................... 18 Purcell Tire ...................................................... 4 Quality Trailers ................................................7 Rush Truck Center ...........................................2 San Juan Community College........................19 TRSC..............................................................18 Truckers Against Trafficking..........................20 Walwork Financial ...........................................9 Wells Fargo ......................................................8 Western Assurance .........................................19 NMTA Membership .......................................25 NMT Magazine ..............................................21
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