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Officers Chairman . . . . . . . . . . . . . . . . . .Gail Cooper Vice Chairman . . . . . . . . . . . . . . . .Bill Ward Treasurer . . . . . . . . . . . . . .Bruce MacDonald Immediate Past Chairman . . . .Skip Williams

ATA Board of Directors Dennis Bailey, Robert Barnett, Aubrey Baugh, Rhonda Bees, Gary Bond, Jack Brim, Ray Brock, Greg Brown, Will Bruser, Mike Callahan, Dan Carmichael, Fenn Church, Harry Clark, Mark Coffman, Jeff Coleman, John Collier, Driscoll Colquett, Brent Cook, Chris Cooper, Al Cox, Jerry Davis, Phil DeSimone, Edmund Doss, Joe Donald, Mack Dove, Russ Elrod, Dean Flint, Jack Fricks, Clay Halla, Terry Kilpatrick, Mark Knotts, Jerry Kocan, Mike Limbaugh, Drew Linn, Alan Love, Barry McGriff, Tom McLeod, Shane McMinn, Buck Moore, E.H. Moore, Jr., Ross Neely, Jr., Tommy Neely, George Overstreet, Butch Owens, Clay Palm, Jim Pickens, Mike Pursley, David Rouse, Kevin Savoy, Bill Scruggs, Harold Sorrells, Ronnie Stephenson, Paul Storey, Wayne Watkins, Bill Watson, Scott White, David Wildbrger, T.J. Willings, Keith Wise.







HOS: What Happens Now? All sides have spoken, and now the FMCSA must decide what to do with its proposed amendments to current hours-ofservice rules. Opinions are all over the map, of course, but trucking industry executives contend that the proposal, which seeks to shorten driving times of commercial drivers, is impractical, overly restrictive, and will lead to compliance, enforcement and safety problems.

Another honor for YRC’s Lewis In 2007, Al Lewis took the top prize at the National Truck Driving Championships. Recently, the Montgomery, Ala.based driver was named a member of the American Trucking Associations’ 2011-12 America's Road Team, a group of millionmile, accident-free professional truck drivers who represent the trucking industry and deliver its highway safety message to the motoring public.

ATA Staff J. Frank Filgo, CAE, President & CEO Gene Vonderau, CDS, Dir. of Safety & Member Services Jane Nixon, Executive Assistant Lynn Thornton, Bookkeeper Ford Boswell, Communications Manager Brandie Norcross, Administrative Assistant



ATA WCSIF Staff Kimble Coaker, CEO & Fund Administrator Debra Calhoun, Office Manager Kimberly Best, Account Representative Rick Hunter, LSP, CDS, Director of Loss Control Harold Smith, ESQ, Loss Control Engineer Scott Hunter, MS, CDS, Loss Control Engineer Duane Calhoun, CDS, Loss Control Engineer Kim Sims, Administrative Assistant Kim Campbell, Underwriter Coordinator Published quarterly by the Alabama Trucking Assn., P.O. Box 242337, Montgomery, AL 36124-2337. ADVERTISING RATES: Quoted upon request. POSTMASTER: Send change of address to: Alabama Trucking Association, P.O. Box 242337, Montgomery, Alabama 36124-2337.



President’s Message . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Safety Insights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12 Trucking News Roundup . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 14 ATA Events and New Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Buyers’ Guide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30 The Last Word . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 32

Alabama Trucking Association

Alabama Trucking Association 334-834-3983 • A LABAMA T RUCKER • 1 ST Q UARTER 2011


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From the President

No Benefits to Changing HOS Frank Filgo President and CEO Alabama Trucking Association

‘…(P)roposed rules would result in enormous costs to our industry and our nation’s economy with little or no offsetting safety and health benefits.’


EDITOR’S NOTE: Below is a copy of a letter recently sent to FMCSA’s Administrator Anne Ferro as co-signed by the fifty state trucking association executives, including Alabama Trucking Association’s President Frank Filgo. The letter cites two studies that make it clear that the proposed rules would “result in enormous costs to our industry and our nation’s economy with little or no offsetting safety and health benefits.” Prior to her appointment as the FMCSA Administrator, Ferro was a former President of the Maryland Trucking Association and a current member of the Trucking Associations Executive Council (TAEC). Aside from this effort, six of the nine members of Alabama’s Congressional Delegation sent letters of opposition to US DOT Secretary LaHood, including: U.S. Senators Shelby and Sessions, along with U.S. Representatives Adherholt, Bachus, Bonner, and Rogers. Dear Administrator Ferro: As representatives of state trucking associations and members of the Trucking Associations Executive Council, we are writing to individually and collectively ask you to retain the current hours of service rules. These existing rules have contributed to record levels of safety performance by the trucking industry, while not disrupting the industry’s critically important job of efficiently moving America’s freight. The proposed rules would harm trucking’s productivity and, worse, would likely reverse our industry’s hard-earned safety improvement trend. The problems with FMCSA’s current HOS proposal are demonstrated by two recent reports submitted to the rulemaking docket by ATA. First, a sophisticated evaluation of the proposal’s alleged safety benefits prepared by Edgeworth Economics establishes that the FMCSA calculation of safety benefits is grossly inflated and that the true benefit number is significantly outweighed by its cost. Second, a report by a

prominent physician and sleep researcher, who co-authored the primary studies relied on by the Agency in its health-benefit analysis, leaves no room for doubt that FMCSA has misapplied those studies and that there are no health benefits associated with the estimated increases in daily sleep time predicted by FMCSA. When considered together, these reports make it apparent that the proposed rules would result in enormous costs to our industry and our nation’s economy with little or no offsetting safety and health benefits. Moreover, the proposal would have a number of negative safety consequences for truck drivers and the public. Cutting driving time and restricting use of the restart will eliminate the flexibility of the current rules which have allowed drivers to safely reach stopping locations, schedule more quality time at home, and relieve driver stress. The restart changes will disrupt driver circadian rhythms and force more driving during congested, accident-prone morning hours. Although FMCSA has expressly recognized these negative consequences in the past, it now ignores them. We appreciate the good intentions of FMCSA but, given the flaws in and negative consequences of its proposal, we respectfully ask that you step back and reconsider FMCSA’s position. We understand and support FMCSA’s goal of continuing to raise the safety bar to enter and remain in the motor carrier industry. We support, and will continue to advocate for FMCSA’s safety programs and initiatives that have genuine returns on investment. Unfortunately, we cannot support the proposed hours of service rules since they do not meet this reasonable standard. Administrator Ferro, thank you for what you do to advance safety in our great industry; and thank you in advance for considering our united collective position on the hours of service issue.


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What’s Up With Industry digs in its heels to battle proposed HOS changes that could reduce productivity, affect the nation’s economy and have adverse safety consequences for the motoring public. he Federal Motor Carrier Safety Administration’s recent proposal to amend current hours-of-service regulations has the trucking industry crying foul over what it perceives as the federal government needlessly placing politics over sound policy. Trucking industry executives say FMCSA’s proposal, which seeks to shorten driving time by commercial drivers, is impractical, overly restrictive, and will lead to compliance, enforcement and safety problems In summary, FMCSA’s proposal will cut the amount of time truckers can work each day from 14 hours to 13 and drop the daily driving limit from 11 hours to 10 hours. The agency will retain the 34-hour restart rule, but a restart must include two nighttime periods—midnight to 6 a.m. In other words, if a driver’s shift ends at 1 a.m. and takes the restart, he cannot drive until 6 a.m. two days later. On top of that, the restart can only be used once in seven calendar days, and a driver cannot begin new restart until 168 hours have elapsed since beginning of most recent restart. (For a side-bycomparison of the proposed rules and the current rules see, see figure 1.) According to the American Trucking Associations (National ATA), with these proposed changes the U.S. Department of Transportation settled a long-standing lawsuit brought by the Teamsters and two advocacy groups. For the past several months, the industry has been on the offensive to show that the


FMCSA is indeed placing politics over policy with its new rule. The biggest gripe is that the changes are simply unnecessary, and that the Obama Administration has made a backroom deal to settle the long disputed Hours rule. The Administration is doing this even though statistics clearly show that the trucking industry has made great strides in safety since the current rules were implemented in 2004. For instance, truck-related injuries are at the lowest levels in recorded history, and since 2004, truck-related deaths have decreased 33 percent and injuries have dropped 39 percent. Interestingly, these decreases were achieved as truck mileage increased by almost 10 billion miles. The upshot is that these changes would significantly hinder trucking firms from efficiently delivering freight, and because of the restrictiveness and complexity of the proposed rules, it would also increase operational costs that will ultimately reach consumers – this, of course, could also threaten the fragile U.S. economy as it recovers from a historic recession. Also, the rule’s murkiness and complexity could cause confusion for compliance and enforcement. Experts predict that motor carriers will have difficulty understanding the rules and their nuances; and law enforcement will have difficulty accurately identifying violations. “These proposed changes could reduce our industry’s productivity and have adverse

safety consequences for the motoring public,” said Alabama Trucking Association Chairman of the Board Gail Cooper. “Our industry launched an aggressive campaign to fight the Obama Administration’s attempt to replace proven and safe Hours-ofService rules with a complex, restrictive set of unproven rules.”

On the Offensive Spearheaded by the American Trucking Associations, the trucking industry has publically raised concerns with the proposal. For the past several months, industry has lobbied congress and the Administration and has urged its own members to contact the FMCSA during the official listen sessions to voice opposition to the rules proposal. The comment period ended in earlier March, with thousands of trucking industry participants writing letters to FMCSA to voice their concerns to the rules. The American Trucking Associations, the Alabama Trucking Association, and other state trucking associations, launched an aggressive campaign to fight the proposal. National ATA even set up a Web site, that contains data and information compiled to assist the industry in responding to the Obama Administration’s proposal. Trucking was also able to cobble together a bipartisan group of Congressmen and Continued on page 6

TRUCK DRIVER HOURS OF SERVICE • HISTORY & BACKGROUND 1939 - Hours of Service (HOS) rules for truck drivers were originally established by the federal government. These rules remained in place and virtually unchanged for more than 60 years.


1995 - Congress directed DOT to establish new rules that incorporated the latest science about human fatigue and alertness.


July 2004 - In response to a legal challenge by a public interest group, the U.S. Court of Appeals for the D.C. Circuit overturned the April 2003 rules based on DOT’s oversight in performing one statutorily mandated analysis concerning driver health.

April 2003 - DOT published new rules that met the Congressional directive and became effective in January 2004.


August 2005 - DOT issued new HOS rules identical to the April 2003 rules, with one exception—a significant change in how drivers could use a truck’s sleeper berth to obtain rest.



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Hours-of-Service FIGURE 1



All Property Carrying Drivers and Motor Carriers

December 2010 All Property Carrying Drivers and Motor Carriers

10 consecutive hours

Same as current rule.

Minimum OffDuty Hours Between Shifts Total On-Duty Window in Each Shift

14 consecutive hours

Total Hours (On-Duty+OffDuty+Rest) Maximum Driving Hours Limit on Consecutive Hours Driving Mandatory Rest Break During Shift Maximum Cumulative OnDuty Cumulative OnDuty “Restart”

Sleeper Berth: Splitting Off-Duty Time On-Board Recorders Federal Exceptions & Exemptions

Significant Changes - 14 consecutive hours with release from duty required at end of driving window; Only 13 hours of the 14 hour window are productive work due to new “rest break” requirements described below; 14 hours window is extendable to 16 hours twice a week to accommodate for issues such as loading and unloading at terminals or ports, however, drivers are still limited to 13 hours on-duty.

24 hours

24-26 hours


10 hours of maximum driving time and 11 hours of maximum driving time are proposed for comment; FMCSA’s “currently preferred option” is 10 hours.


May drive only if it has been 7 hours or less since last off-duty or sleeper berth period of at least 30 minutes At least 60 minutes of rest break time during each On-Duty Window; may be taken in one block or broken up into two 30 minute rest breaks

None 60 hours in 7 days 70 hours in 8 days* (*for carriers that operate 7 days a week) Voluntary: 34 consecutive hours off-duty resets a drivers cumulative on-duty back to zero (or restarts a drivers 60 hour weekly clock) at any point in a driver’s 7 day cycle Team and Solo Drivers: 2 periods totaling > 10 hours; 1 period must be at least 8 hours in the sleeper berth; second period of time may be spent either in or out of the sleeper berth. Voluntary Use

Same as current rule. Voluntary: The length of the restart period is variable since it must include two consecutive off-duty periods from midnight to 6:00 a.m. Drivers would be allowed to use this restart only once during a seven-day period.

Same as current rule

Same as current rule. Slightly modified Oilfield exemption, and removed 16 hour provision in 395.1(o).

All existing exemptions and exceptions remain.

—Source American Trucking Associations

July 2007 - In response to another legal challenge by two public interest groups and the International Brotherhood of Teamsters, the U.S. Court of Appeals for the D.C. Circuit overturned the rules based on procedural errors made by DOT in the rulemaking process.


December 2007 - DOT issued an Interim Final Rule (IFR) addressing the procedural issues identified by the Court and retaining the August 2005 HOS rules.


October 2009 - Prior to the confirmation of current FMCSA Administrator Anne Ferro, politically appointed DOT officials signed a litigation settlement agreement with the public interest groups and the Teamsters in which DOT agreed to ‘review and reconsider’ the HOS rules.

November 2008 - DOT reissued the August 2005 HOS rules as a Final Rule.


March 2009 The same plaintiffs again filed suit against DOT.


September 2010 - The number of truck-involved traffic fatalities dropped to the lowest level in recorded history reflecting a 33 percent decrease in fatalities since the improved hours-ofservice regulations first became effective in January 2004. December 2010 – DOT proposes changes to the hours of service rules.


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Senators who stated concerns over the proposed changes. The group called upon the Obama Administration to abandon its hours-of-service proposal and retain the current rules. “The rules currently in place are working well and do not need to be changed,” 122 Representatives wrote to Transportation Secretary Ray LaHood. “Since the current rules were implemented seven years ago, the trucking industry’s safety performance has improved at an unprecedented rate.” The letter further noted that since the rules went into effect in 2004, the number of fatal and injury crashes involving large trucks have fallen to historic lows. Meanwhile, National ATA officials also called into question the agency’s use of specific sleep research data to support its assertion that certain sleep increments increase the probability of accidents. According to a prominent researcher who worked directly on the primary scientific studies that the FMCSA used to support its proposed changes to the current HOS said the agency misapplied those studies’ findings. FMCSA used the work of Dr. Francesco Cappuccio, a physician, professor and researcher at Warwick Medical School in the United Kingdom, who reviewed 16 published studies on the effect of sleep duration

on mortality and co-authored a 2007 study that the agency leaned on most heavily to support its proposal. FMCSA used this study to conclude that short projected increases in sleep could generate roughly $690 million in annual health benefits for drivers. Dr. Cappuccio went on record to state that the agency misused his sleep research, and concluded that FMCSA cannot use it to quantify benefits to justify its regulatory changes. Dr. Cappuccio contended that “[t]he current evidence . . . do[es] not support the conclusions of the FMCSA that a small increase in sleep duration of a few minutes following the HOS options proposed, particularly in the groups with baseline daily sleep of more than six hours per night, is likely to decrease the mortality risk of individuals or groups.” Cappuccio further cautioned that the sleep duration/mortality studies do “not demonstrate or even imply a cause-effect relationship” and warned it was “premature to address specific policy changes on the basis of the published relationships between sleep time and mortality risk.” “American Trucking Associations has said since the outset that policy changes of this scope need to be based on sound science and research, not political pressure and unproven theories,” National ATA President

and CEO Bill Graves said. “The fact that this prominent physician and sleep researcher clearly states the agency is wrong to use his and others’ work in this way clearly exposes the serious flaws in this proposal.”

What’s Next? It’s obvious that the FMCSA intentions are to make the trucking industry safer, but given the flaws of the proposal, America’s trucking industry respectfully asks the agency to step back and reconsider its position. With the comment period for the rules ending earlier this month, FMCSA will now sift through the information it collected and issue a Final Rule later this year. The Agency will pore over the thousands of comments, emails, letters and faxes from those who support the proposed rule and those against it. “The agency will make their recommendation to the White House’s Office of Management and Budget by the end of July,” explains American Trucking Associations’ Vice President of Public Affairs Sean McNally. “Afterwards the (White House) has 90 days to issue a final rule. Regardless of what happens this will not be the last time we hear about this Rule.” —Compiled by Ford Boswell

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Alphonso Lewis, center, stands with current National ATA Chairman Barbara Windsor, left, and the group’s President & CEO Bill Graves.

Alabama Driver Alphonso Lewis Appointed to America’s Road Team By Ford Boswell he American Trucking Associations has selected Montgomery, Ala.-based driver for YRC Alphonso Lewis as a member of its 2011-12 America’s Road Team, a group of million-mile, accident-free professional truck drivers who represent the trucking industry and deliver its highway safety message to the motoring public. Lewis, 48, was named along with 17 other drivers from across the country. Collectively, this year’s Road Team offers 483



years behind the wheel and more than 36.5 million accident- free miles. Team members were selected from a group of 34 finalists that competed in mid-January before a panel of judges from the trucking industry and related fields. Lewis was nominated by his YRC supervisor Phil Spears and was selected over hundreds of other applicants to come to the American Trucking Associations headquarters in Washington D.C. for a week to go through the final selection process. The competition included a review of

trucking industry expertise and a demonstration of their communication skills, combined with community service and lifetime safety records. “We spent several days in Washington, delivering speeches and performing mock press interviews before a panel of judges,” Lewis says. “It was a little stressful, but I’ve done a few speeches for large groups before, so I felt pretty good about it.” According to National ATA officials, Road Team members represent the industry at various events and even represent professional driver issues at Congressional hearA LABAMA T RUCKER • 1 ST Q UARTER 2011

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ings and other political events and meetings where an authentic real-world view of the industry is helpful. “America’s Road Team puts an impressive face behind the wheel,” says ATA President and CEO Bill Graves. “These ambassadors to the industry have remarkable safe driving records and an unmatched enthusiasm for their job and for the industry. Their desire to share their knowledge and passion for safety benefits the motoring public and helps keep our highways safe. The trucking industry is proud to welcome the 20112012 America’s Road Team.” Alabama Trucking Association safety director Gene Vonderau said he was not surprised to learn of Lewis’ appointment. “Alphonso is an outstanding representative of the trucking industry – he is the total package,” he said. “He offers a wealth of industry experience, has a genuine love for the work he does, and is a very gifted speaker. There’s not a better choice for that honor than him. He’ll make us proud.” Lewis is a Freight Handling Professional/Driver Account Specialist at YRC’s Montgomery service center. He has worked for Roadway for 20 years and has been in the industry for 24 years — all those accident- and injury-free. He has competed at National Truck Driving Championships


Lewis’ latest achievement adds to an impressive resume.

four times. He has also competed at the state level 10 times, including first place/grand champion in 2005. Several days each month, he speaks to the news media, schools, community groups, and industry and government officials about highway safety and the essentiality of the trucking industry. “So far I’ve spent about three to five days a month making various appearances for the Road

Team,” he says. “Locations vary; they take us all over the country. My supervisor jokes that lately it seems that I’m always on vacation.” Lewis came to the attention of the National Road Team members when he earned the title of Grand Champion at the 2007 National Trucking Driving Championships, where he also placed first in his division. “I had a few team members recommend I tryout after that event, but I never thought I’d actually make it,” he says. “It is such an honor to serve the trucking industry at this level. I have to say, it’s the highlight of my career.” He has also place many times at the Alabama Truck Driving Championships, where he finished first in his division five times and was named Grand Champion in 2005. He has also participated in the Professional Freight Handlers Championships where he has four first place finishes at the district level and earned the title of National Champion in 2001. He was runner-up for Alabama Driver of the Year in 2007. Lewis has served on his terminal’s Injury Prevention Council since 2000, and is a church trustee and a Lay Council member. He enjoys racquetball and motorcycle riding. He and wife, Regina, live in Montgomery, Ala. They have two children.


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2011 Annual Convention ALABAMA TRUCKING ASSOCIATION ATA 73rd Annual Convention & Meeting Hilton Sandestin Beach Golf Resort & Spa April 28-May 1, 2011 For more information and to register, go to

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Safety Insights

HOS: The Fix is On A

Gene Vonderau, CDS ATA Director of Safety and Member Services

‘This proposal requires several things that can’t possibly make highways safer.’


s I’m sure many of you know by now, the Federal Motor Carrier Safety Administration has issued a proposed rulemaking on hours-of-service that will reduce driving times for commercial drivers by one hour; needlessly complicate the 34-hour restart rule, and ultimately place more drivers on the road during high congestion hours. It’s really bad policy, and to my eyes, was borne out of political pressure, not public safety. The proposed changes come about as the result of a lawsuit filed by the Teamsters and a couple of safety advocate groups that were less than satisfied with the current rules. Apparently, somewhere along the line, an agreement was reached whereby the FMCSA would review and revise the hours-of-service if certain concession were made regarding FMCSA administration — at least that’s the rumor mill version. I can understand why the Teamsters would protest current rules because if the new proposal is written into law, trucking companies will have to hire more drivers to move the same amount of freight, resulting in more drivers for the Teamsters to recruit. But what about the safety advocates? What’s their beef? It appears they think allowing drivers to drive 11 hours leads to fatigue and then to accidents. I’ve read that safety advocates promote eight hours of driving per day as the limit, period. It doesn’t seem to matter how injuries and fatalities involving large trucks have decreased dramatically since 2004 when the current rules went into effect. This proposal requires several things that can’t possibly make highways safer. For ex-

ample, how can adding trucks on the road, particularly during daylight hours, make accident rates go down? It just can’t happen. More trucks will mean more exposure which results in more injuries and fatalities. Based on those conclusions, it is hard for me to understand the thinking of whoever wrote the rules in the first place. Do they not consider what a reduction of working time will do to the already fragile economy? How many shippers will welcome rate increases with open arms because it costs the trucker so much more to deliver the same amount of freight? I would be interested to see how many people familiar with truck transportation served on the board, panel, or advisory committee that worked up this proposal in the first place. It couldn’t have been any, because it is obvious that common sense was not a factor in the decision-making process. It appears the only industry to approve of this proposed scenario would be the plaintiff ’s lawyers. There is a bright spot in all this, though. We already know if the proposal becomes law, the American Trucking Associations will file suit, and if the current rules remain in effect, the Teamsters and safety advocates will file suit. Either way, we will most likely be held in abeyance until the suit is settled. No one knows how long that will take so it will be business as usual until the court decides who is right. Heaven knows, we have been there before, and although it is somewhat difficult to conduct business when we can’t anticipate the outcome, the trucking industry will survive. After all, what would they do without us?


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FMCSA pushes for EBORs for all trucks

The Federal Motor Carrier Safety Administration is pushing a proposal to require electronic on-board recorders (EOBRs) for all vehicles subject to Hours-of-Service regulation. This new proposal follows a ruling last April and set to take effect in 2012 that will require carriers with a history of logbook and hours abuse to install the devices in their trucks. Now the agency is proposing a 100 percent mandate of EOBRs in a notice of proposed rulemaking released by the agency Jan. 31. Once the new proposal publishes in the Federal Register, truckers will have 60 days to file comments with the agency. In addition to mandating the use of EOBRs in all trucks, the agency also is proposing to reduce the amount of supporting documents motor carriers are required to validate hours-of-service compliance. According to published reports, the agency estimates that the annualized cost for a carrier that does not already use a fleet management or other EOBR-ready system ranges from $525 to $785 per tractor. For a carrier with an EOBR-ready system in place, the cost would be $92. The agency asks for comments on this point, and indicated it will consider adjustments to the compliance date. It also is asking for comments on the idea of staggering the adoption schedule by requiring larger carriers to make the move first. Alabama Trucking Association officials say they expect the proposal to pass. “For that reason alone, we feel compelled to support the measure, but we also understand that a lot of our members will have to invest additional capital in their existing fleet to become compliant with this new proposal,” said ATA spokesman Ford Boswell. “Overall, fleets do an outstanding job of monitoring driver hours, but I feel strongly that this proposal will do its part to improve truck safety, which is a worthy effort.”

Congress repeats truck weight bill For the third consecutive year, Congress is considering a bill to allow states to increase interstate weight limits to 97,000 pounds for six-axle trucks. 14

Proposed rule for hazmat haulers causes concern The Pipeline and Hazardous Materials Safety Administration (PHMSA) has published a notice of proposed rulemaking to prohibit the transportation of flammable liquids in unprotected external product piping on DOT specification cargo tank motor vehicles. Here are the basics: Scope of the Rule: As proposed, the wetlines prohibition would apply to flammable liquids, but would not apply to combustible liquids. PHMSA also proposes to exempt straight trucks from the rulemaking. Transition Period: PHMSA is proposing that the wetlines restrictions take effect two years after the publication of the final rule for new cargo tanks and twelve years for existing cargo tanks (retrofits). Alternative solutions: PHMSA is proposing to prohibit the transportation of flammable liquids in exposed external product piping unless the cargo tank is equipped with bottom damage protection that conforms to the requirements of sections 178.337-10 or 178.345-8(b)(1). As such, PHMSA is not mandating a purging system. Should carriers choose to use a purging system in lieu of bottom protection, PHMSA is proposing to establish a permissible residue of 1 liter to remain in each wetline. Justification for the Proposal: PHMSA identified 172 incidents in which wetlines were damaged or ruptured over a ten year period (1999-2009) — 18 of these incidents involved fires. According to PHMSA these wetlines incidents resulted in 5 fatalities, 4 injuries and millions of dollars in property damage. One of our first tasks will be to analyze these incidents and appropriately critique PHMSA’s analysis of the benefits associated with a wetlines ban. PHMSA’s cost analysis is based upon the use of a manual purging system that can be installed without welding and that the cost of this system is $2,585 per tank. PHMSA assumes that the purge will not create additional standing time for the vehicle. These assumptions also will be critiqued in our comments to the agency. Amazingly, PHMSA’s cost-benefit analysis demonstrates that the costs exceed the benefits based on the incidents that have occurred over the past 10 years. It is only when PHMSA assumes an increase in the number of fatalities or an increase in reported damages through a “sensitivity analysis” that PHMSA can say that the benefits exceed the costs. This last point highlights what is a troubling and possibly deliberate trend in the Obama Administration. As with the new Hours of Service proposal, the data in this case clearly fails to justify the regulation - but the Administration simply changes the data until it gets the result it wants. It then couples this with a tiny timeframe for comment (in this case, 60 days). For more information contact John Conley of National Tank Truck Carriers at —Courtesy of National Tank Truck Carriers On Feb. 17, Rep. Mike Michaud (DMaine) introduced the Safe and Efficient Transportation Act, or H.R. 763, which was referred to committee with one co-sponsor. The bill text is not yet available via Congress’ online website. The Coalition for Transportation Productivity, a group of shippers and other associations supporting the increase, said some trading partners, including Canada and Mexico, use limits higher than the U.S. 80,000-pound limit set in 1982. The current weight limit means even if trucks have additional unfilled space, shippers

must pay for additional trucks, adding to road congestion and emissions. The American Trucking Associations supports the measure, which the Owner-Operator Independent Driver Association opposes because of safety concerns. The two previous years, the SETA was referred to committee the day of introduction. In 2009, Michaud’s bill had 54 co-sponsors and last year, Republican Idaho Sen. Mike Crapo’s bill had three co-sponsors. —Jill Dunn, Continued on page 18 A LABAMA T RUCKER • 1 ST Q UARTER 2011

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WH Thomas Oil Co. Clanton, AL 205-755-2610 Decatur, AL 256-351-0744

ATA_1Q11_11751 ATA 3/14/11 12:25 PM Page 17

Think of us as your lubrication experts for the long haul.

As your Chevron Distributor, we do more than just offer high quality motor oils, transmission fluids and gear lubricants for your fleet. We provide effective lubrication solutions that can reduce your operating costs and improve your bottom line.

Whether it’s performing an oil analysis, helping with inventory management or any other service, we’re always ready to help minimize downtime, extend maintenance intervals and the life of your engines so your entire business is always in high gear.

And that’s good for your bottom line

ATA_1Q11_11751 ATA 3/14/11 12:25 PM Page 18


Five questions for new ALDOT director The Birmingham News recently sat down with Alabama’s new head of its Department of Transportation John R. Cooper. In January, Cooper, 63, left the private sector to take the wheel at ALDOT. He had served as chief executive officer of Avocent Corporation in Huntsville, and before that he was chief financial officer and senior vice president for Adtran Inc. of Huntsville. Reporter Jeremy Gray asked Cooper five questions, publishing his answers on the Web site While nothing earth shattering came from the exchange, it does provide a basic thumbnail sketch of the new director’s plans for the department. It’s been reported you sought out this job. Why? I didn’t really seek it. I was asked by a friend if I’d allow him to put my name forward for the job. I’m at a point in my life where I was interested in doing something that’d allow me to give something back. Gov. Bentley said he sees the department’s work as part of a “plan for economic growth and bringing good-paying jobs.” How can ALDOT accomplish that? We are a job engine. We spend several hundreds of millions in the state; the multiplier effect alone is tremendous. Providing good roads helps give companies the access they need to be successful. What do you think qualifies you for this job? The thing I bring to the job is a managerial experience with a broad range of experience in finance, operations and manufacturing on a local, national and international level. What do you see as priorities for the department? We have needs for maintenance, particularly on interstates. We need new construction from a safety and an economic development standpoint. Are there any particular interstates or state highways that you see as priorities? There are several situations that need our attention and we’re going to move on them. We can’t do everything we’d like to do, but we’ll select the things we can do and get them done with as much haste as we can.

Continued from page 14

Cooper takes reins of ALDOT In January, Gov. Robert Bentley appointed Hunstville business executive John R. Cooper to oversee the Alabama Department of Transportation effective January 17, 2011, with John R. Cooper the beginning of Governor Robert Bentley’s Administration. Cooper comes out of retirement to head the ALDOT. From 2002 to 2008, Cooper was chief executive officer of Avocent Corp. in Huntsville, a global provider of information technology infrastructure management; he was chairman of Avocent from 2003 to 2008. Cooper has a business background that has seen him serve as a CEO, chief financial officer, corporate vice president and as a partner in large accounting firms. He holds bachelor’s and master’s degrees in accounting from the University of Alabama. (See side story) Continued on page 20

Experience matters when dealing with DOT. Let Lane VanIngen and his team help you prepare for a CSA audit. We specialize in preparing fleets for all levels of CSA audits and developing cooperative safety plans. Lane VanIngen Transportation Safety Services 27540 World Court, Suite A, Daphne, AL 36526 Phone: (251) 661-9700 Transportation Safety Services is a full service DOT consulting firm that offers a wide variety of services to trucking industry fleets of all types and sizes.



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Bill targets detention time at the docks U.S. Rep. Peter DeFazio, D-OR, filed a bill recently aimed at holding shippers and receivers accountable for the time that truckers are unnecessarily detained at the docks DeFazio’s bill, HR756, would direct the secretary of transportation to study the issue of driver detention time and establish standards for the maximum number of hours a trucker may be detained at the docks. The bill calls for a final rule to be in place one year after enactment that would deal with issues of driver safety, hours of service, violations and penalties relating to detention. Shippers and receivers would have to compensate truck drivers that are detained beyond a reasonable amount of time determined by the study and rulemaking. According to bill language, “A shipper or receiver may not detain a person who operates a commercial motor vehicle transporting property in interstate commerce before the loading or unloading of such vehicle without providing compensation for time detained beyond the maximum number of hours that the Secretary determines, by regulation, is reasonable.” A 2009 Federal Motor Carrier Safety Administration study showed that wasted time


at the docks costs the trucking industry $3 billion and the public another $6.5 billion each year. The Government Accountability Office, or GAO, began investigation about a year ago into detention time issues and interviewing drivers and industry stakeholders. DeFazio made the GAO report, which he requested, public in conjunction with the filing of the bill. “About 65 percent of drivers reported lost revenue as a result of detention time from either missing an opportunity to secure another load or paying late fees to the shipper,” GAO officials stated in the report. “(F)acility limitations, arriving for a scheduled pick-up and finding the product was not ready for shipment, poor service provided by facility staff, and facility scheduling practices were the most frequently cited contributing factors.” In a press release, DeFazio said he sought the GAO study because it was clear that detention time was a problem. “Over the years I’ve heard anecdotes from truck drivers that detention time is a big problem and contributes significantly to inefficiencies in the supply chain productivity,” DeFazio said. “I asked GAO to study detention time and quantify the results. It’s clear from the report that detaining truckers

at loading docks is a significant problem that FMCSA needs to regulate.” Spencer says it’s about time that truck drivers were given some assurances without worrying about detention time cutting into their hours of service. “The colossal, mind-numbing wait times at loading docks are the biggest drain on productivity and on drivers,” Spencer said. “Shippers and receivers have for too long gotten away with wasting truckers’ time without any accountability for their role in the ultimate effect it has on highway safety.” In February 2009, OOIDA Director of Regulatory Affairs Joe Rajkovacz testified on the issue of efficiency before a joint House panel in February 2009 in California. The panel included the House Transportation and Infrastructure Committee’s Subcommittee on Highways and Transit, which DeFazio chaired at the time. “While truckers actually are sticklers for appointments and show up on time, many shippers and receivers are indifferent to the amount of time spent by a driver at the docks or apathetic to whether the truck is being released into rush hour traffic,” Rajkovacz told the panel. “If somehow, a trucker’s time spent loading and unloading actually represented a Continued on page 22


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DON’T BE ALONE ON THE ROAD….. TAKE THE BAXTER AGENCY WITH YOU! We specialize in writing insurance for short & long haul truckers. Also available are unique programs for owner operators. So, whether you have one truck or a fleet, we are committed to serving your needs.

We can’t control the price of fuel, but we can help you reduce your insurance cost and provide you with top quality service.


ATA_1Q11_11751 ATA 3/15/11 3:17 PM Page 22

potential cost to shippers, shippers and receivers would have an incentive to be more aware and more efficient.”

Supreme Court allows railroad to challenge state tax scheme In a decision rendered on Feb. 22, the Supreme Court held that a railroad may bring a challenge to the imposition of a sales and use tax on its purchase or consumption of diesel fuel as “another tax that discriminates against a rail carrier” on the basis of an exemption granted to the rail carrier’s competitors (In this case, motor carriers who pay a separate diesel excise tax and water carriers who pay nothing). The Court’s holding was on narrow grounds and left it to the lower courts to determine whether the tax scheme actually discriminates and whether rail competitors are the appropriate comparison class. While the majority opinion did not provide much guidance for the lower courts’ consideration of what amounts to discrimination under the above-referenced catch-all provision of the Railroad Revitalization and Regulatory Reform Act (4-R Act), the dissent largely adopted a standard suggested by American Trucking Associations (ATA) in the amicus


Registration underway for ATA’s 73rd Convention ATA’s 73rd Annual Convention & Meeting set for April 28-30, 2011 at the Hilton Sandestin Beach Golf Resort & Spa, Destin Fla. ATA’s staff has lined up some of the best and brightest minds in the business to share their thoughts as to what lies ahead for trucking. American Trucking Associations Chairman Barbara Windsor is the keynote speaker. Hotel reservations are made directly with the Hilton Sandestin. Call them at 850-2679500 or by going online at Please be sure to identify your affiliation with the Alabama Trucking Association when calling in reservations or by using the code ATA when registering online. Preferred room rate is $239 plus tax (standard room, which one king or two full beds and bunk beds. Rooms are available on a first come, first basis). Deadline for hotel reservation discounted rate is Friday, March 18, 2011. After that, standard rates apply and are subject to availability. Help make our 2011 Convention our best ever. To register, sponsor, or obtain more information, contact Jane Nixon at or by phone at 334-834-3983. brief it filed in this case. As suggested by the dissent, a tax exemption scheme would only discriminate against a rail carrier if it targeted or singled out a railroad by comparison to general commercial and industrial taxpayers. In its brief, ATA demonstrated that Congress intended comparison to the state’s local taxpayers rather than the rail carrier’s competitors, as argued by CSX. Because of the narrowness of the majority’s holding, the dissent’s framework for consideration is compatible with the Court’s decision and provides a

roadmap for Alabama to defend its sales and use tax system as not discriminating against rail carriers. For more information contact Prasad Sharma at

Congress mulls new 1099 impact The U.S. House Small Business heard testimony Feb. 9 on a new tax requirement the Owner-Operator Independent Drivers AssociContinued on page 24


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ation says will burden its members, while Congress examines legislation to repeal it. Committee Chairman Sam Graves (RMo.) said the hearing, “Buried in Paperwork: A 1099 Update,” examined the expanded 1099 reporting requirements in Section 9006 of the Patient Protection and Affordable Care Act. The measure, effective next year, “was added to the health care law to help close the so-called tax gap by generating revenue to pay for the law,” Graves said. The impending rule would require companies to file a Form 1099 on every business with which they spend at least $600 a year. Small business owners testified on the toll it would take for them in money and time. Rep. Daniel Lungren (R-Calif.), who is sponsoring one of the legislative efforts to repeal it, also testified. His bill, the Small Business Paperwork Mandate Elimination Act or H.R.4, was referred to committee Jan. 12 and has 270 sponsors. Todd Spencer, executive vice president of the Owner-Operator Independent Drivers Association, submitted written testimony for the hearing. On an annual basis, the owner-operator of one truck will make at least 100 fuel purchases for $600 from 50 or more fuel vendors. They also deal with many businesses for equipment maintenance, with each purchase usually exceeding $600.

On Feb. 2, the Senate approved an amendment to eliminate the new requirement, which was introduced by Sen. Debbie Stabenow (D-Mich.). It was included in the Federal Aviation Administration Air Transportation Modernization and Safety Improvement Act or S. 223, which senators are still considering. —Jill Dunn,

Polk. “Large fleet owners and operators are upgrading to new vehicles, and therefore the smaller fleet companies and independent owner operators have the opportunity to find available clean used equipment; however, the pattern of used vehicle transactions indicates a softer supply of clean used equipment during the last quarter of the calendar year.”

Southland International offers DPF cleaning

Record used truck registrations Used commercial vehicle registrations covering Class 3-8 in the U.S. increased 21.7 percent in 2010 over 2009 to a record level of approximately 672,000 units registered, according to R. L. Polk & Co., a leading provider of automotive marketing information. Used commercial vehicle registrations accounted for nearly 65 percent of the total commercial vehicle market (new and used) in 2010. This is the first year registrations of used commercial vehicles have exceeded 600,000 units. “The significant increase in used vehicle registrations during the 2010 calendar year is indicative of a strengthening in the demand for commercial vehicles overall,” said Gary Meteer, director, sales and client services, at

Southland International Trucks is now offering diesel particulate filter (DPF) cleaning for heavy duty trucks and other equipment. Diesel particulate filters are installed 2007 and later engines, and must be cleaned at proper intervals of 250,000 miles or less, depending on duty cycle and manufacturers recommendations. “Left unchecked, soot and ash collected in the DPF can damage or destroy your filter resulting in a DPF replacement cost of $4,000 or more and unwanted, unscheduled downtime,” says Southland International marketing manager Kevin Carlson. “(Our) specialized equipment from FSX Equipment, Inc. will thoroughly clean your DPF restoring the engine to full power and efficiency.” Southland’s Homewood branch is offering this DPF cleaning service. For more info call 800-844-6226.

Barksdale Bonding and Insurance, Inc.

With Barksdale, what do you get? One of the largest trucking insurance agencies in the country ● Over 50 years writing trucking insurance ● Loss Control and DOT compliance ● Guaranteed Cost, Large Deductible, Retros, & Captive Programs ● Multiple insurance companies represented directly ● Many exclusive markets and products ● Competitive pricing ●

Locations: 24

Troy, AL Mark Knotts 800-807-1412

A trucking company needs the best representation they can have in all facets of their business. Barksdale, as one of the premier truck agencies in the country, will provide that professional representation and construct an insurance program to effectively and efficiently protect your assets. Call today to set up a consultation and quote.

Jackson, MS Gage Gibbs 800-844-6700

Nashville, TN Sean Dickerson 800-600-0991 A LABAMA T RUCKER • 1 ST Q UARTER 2011

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ATA_1Q11_11751 ATA 3/14/11 12:26 PM Page 27

“Trucking’s Voice in Alabama”

PO Box 242337 • Montgomery, AL 36124-2337 • Phone: (334)834-3983 • Fax: (334)262-6504

Application For Membership DIVISION Motor Carriers: ❑ Domiciled In Alabama ❑ All other For-Hire ❑ Household Movers ❑ Private Carriers

Allied Industry: ❑ Local and State Suppliers ❑ Nat’l Concerns, small items ❑ Nat’l Concerns, major items

Your Dues Amount: $ __________________ (see schedule on reverse) Firm Name: ________________________________________________________________________________________________ Address: (PO Box) ____________________________________(Street)__________________________________________________ City __________________________________________State __________________________ Zip ________________________ Telephone: __________________________________Fax ______________________________800/ __________________________ Email address: ________________________________________Website Address: __________________________________________ Type of Business: ____________________________________________________________________________________________ Official Representative : __________________________________________________Title: __________________________________ Alternate Representative: __________________________________________________Title: __________________________________ Signed: ______________________________________Date: ____________Referred by:____________________________________



ACT ____________________

BC ____________________

Check # __________________

Exp Date__________________

ATU ____________________

DC ____________________

Dues Amt ________________

Nxt Bill Date _______________

MAG __________________

400 ____________________

MC ____________________

WCSIF __________________

GC ____________________

CONTACT SHEET __________

YR ____________________

WINFAX ________________

Mbr Class ________________

AL Sen___________________

Mbr Type _________________

AL Hse___________________

Dues Cat _________________

CG Dist __________________


LTR/PLQ ________________


ATA_1Q11_11751 ATA 3/14/11 12:26 PM Page 28

Schedule of Membership Dues A. Motor Carriers Domiciled in Alabama 1) Gross Annual Revenue Under and not over 1,000,000 and not over 5,000,000 and not over 10,000,000 and not over 15,000,000

$999,999 4,999,999 9,999,999 14,999,999 19,999,999

Annual Dues $500 600 900 1,200 1,500

2) Gross Annual Revenue and not over 20,000,000 and not over 25,000,000 and not over 30,000,000 and not over 35,000,000 and over 40,000,000

$24,999,999 29,999,999 34,999,999 39,999,999

Annual Dues $1,800 2,100 2,400 2,700 3,000

B. All Other For-Hire and Private Carriers Schedule based on miles traveled in Alabama From 0 500,001 1,000,001 2,000,001 3,000,001 4,000,001 5,000,001 6,000,001 7,000,001 8,000,001 9,000,001

To 500,000 1,000,000 2,000,000 3,000,000 4,000,000 5,000,000 6,000,000 7,000,000 8,000,000 9,000,000 10,000,000

Annual $200 250 360 510 640 750 870 960 1,040 1,150 1,250

From 10,000,001 11,000,001 12,000,001 13,000,001 14,000,001 15,000,001 16,000,001 17,000,001 18,000,001 19,000,001 20,000,001

To 11,000,000 12,000,000 13,000,000 14,000,000 15,000,000 16,000,000 17,000,000 18,000,000 19,000,000 20,000,000 25,000,000

Annual $1,320 1,410 1,495 1,575 1,650 1,720 1,795 1,865 1,950 2,030 2,500

C. Allied Industry – Annual Dues • Local and State Suppliers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $300

• National Concerns (distributors or manufactuers of accessories, parts and small equipment. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $400 • National Concerns (distributors or manufacturers of major equipment, integrated product lines, leasing companies and companies marketing statewide . . . . . . . . . . . . . . . . $600 D. Household Movers Based on intrastate revenue only - includes tariff participation 1) Gross Annual Revenue Not Over 100,001 and not over 150,001 and not over 200,000 and not over

$100,000 150,000 200,000 250,000

Annual Dues $420 480 540 600

2) Gross Annual Revenue 250,001 and not over 300,001 and not over 400,001 and not over

Annual Dues $780 $300,000 900 400,000 1,200 500,000

Payment Schedule (Dues payable in advance) Below $500...................................................................Annually $500 - $1,200 ......................................................Semi-Annually

Above $1,200 ................................................................Monthly

CONFIDENTIALITY STATEMENT – The amount of dues paid by individual members of the Alabama Trucking Association is confidential information and is not subject to publication. Dues information can only be released by ATA to the principal representative of the member in question, and requests by other persons or parties will not be honored. Members are strongly urged to honor this privacy statement and to not share their confidential dues information with other ATA members or the general public. 28


ATA_1Q11_11751 ATA 3/14/11 12:26 PM Page 29



ATA & Industry Events

New Members (11/16/2010 to 03/10/2011)

SMMC Fleet Safety Awards March 28, 2011 Bessemer Civic Center Bessemer, Ala.

Airgas Specialty Products John Mackinaw Birmingham, Ala. 205-515-5498

Coachcomm, LLC Dan Ginzel Auburn, Ala. 334-321-2300

R2 Trucking LLC Rena Roberts Arley, Ala. 205-471-4646

ATA 73rd Annual Convention & Meeting April 28-30, 2011 Hilton Sandestin Beach Golf Resort & Spa Destin, Fla.

ANCRA International, LLC Tony White Fitzpatrick, Ala. 334-306-4372

Construction Materials, Inc. Mike Elmore Montgomery, Ala. 334-272-8200

Transportation Billing Solutions, LLC Scott Smith Birmingham, Ala. 205-788-4000

BB&T Insurance Services Jason Ellis Savannah, Ga. 912-201-4706

Gabriel Transport LMJ Patricia Gabriel Florence, Ala. 256-712-5569

Big River Transport Morris Waters Lineville, Ala. 256-363-2341

Motivated Movers—Daphne Chris Payne Daphne, Ala. 251-621-0063

Circle K Trucking Tony Dickinson Lynn, Ala. 205-893-5894

Newman Specialized Carriers, Inc. Nick Newman Belk, Ala. 205-932-5270

Alabama Truck Driving Championships May 14-15, 2011 Bessemer Civic Center Bessemer, Ala. ATA Board of Directors Meeting & Officer Installation June 28, 2011 Alabama Trucking Association Headquarters Montgomery, Ala. National Truck Driving Championships August 9-13, 2011 Orlando, Fla. National Truck Driver Appreciation Week September 11-17, 2011 ATA Annual Golf Classic October 11, 2011 Robert Trent Jones Golf Trail Capitol Hill Course Prattville, Ala.



Trucking Partners, LLC Dwayne Hood Cullman, Ala. 256-737-8788







(334) 834-7911

Barksdale Insurance


(800) 807-1412

The Baxter Agency


(800) 873-8494

Carrier Transicold South


(205) 328-7278

ErgoScience, Inc. Great Dane Great West Casualty Co. International Trucks




(866) 779-6447 ext. 211


(800) 383-0094


(800) 228-8053


(800) 844-4102

American Trucking Associations Management Convention & Expo October 15-18, 2011 Pheonix, Ariz.

JP Transportation Safety Consulting


(205) 329-8183

J.J. Keller


(888) 473-4638 ext. 7892

Palomar Insurance


(800) 489-0105



(800) 773-7277

SMMC Christmas Celebration December 5, 2011 Bessemer Civic Center Bessemer, Ala.



(800) 633-5953

Sentry Insurance


(205) 980-8008

Thompson Cat


(205) 849-4288

Transportation Safety Services


(251) 661-9700

Turner & Hamrick


(888) 385-0186

(205) 755-2610


WH Thomas Oil Co.




(800) 325-7000

W.W. Williams


(800) 365-3780 29

ATA_1Q11_11751 ATA 3/14/11 12:26 PM Page 30

2011 ATA BUYER’s We make every effort to ensure this list is correct. For changes or corrections to your companyʼs listing, contact Jane Nixon at

Alabama Trucking Assn.ʼs Buyerʼs Guide lists those companies that have taking an active role in supporting Alabamaʼs trucking industry by becoming members of the Association. We ask that each time you plan a purchase that you consult this guide and give ATA members the opportunity to gain your business. These companies proudly support your association and deserve your support, as well. ADVERTISING/PUBLISHING Fastline Publications (502) 222-8357 Randall-Reilly Publishing Co. (205) 349-2990 BUS SALES & SERVICE Southland International Trucks, Inc. (205) 942-6226 Transportation South, Inc. (205) 663-2287

National Trucking Safety Traction Heavy Duty Consultants, LLC (205) 335-4338 (850) 939-8926 EQUIPMENT PARTS/ ACCESSORIES Transportation Safety Services Ancra International, LLC (251) 661-9700 (334) 306-4372 Trucking Partners, LLC (256) 737-8788 USA Driver-s, Inc. (205) 661-0712 Wise Consulting, LLC (256) 796-5291

Ward International Trucks, LLC (251) 433-5616 ENGINE MANUFACTURERS Cummins Mid-South, LLC (901) 488-8033 CHEMICAL PRODUCTS Rushing Enterprises, Inc. Thompson/Caterpillar (334) 693-3318 (205) 849-4365 COMMUNICATIONS/ ELECTRONICS J.J. Keller & Assoc., Inc. (920) 722-2848 PeopleNet (888) 346-3486 QUALCOMM, Inc. (770) 271-3654 Sprint Nextel (334) 414-5842 XATA Corp. (501) 835-1585 EDUCATION & TRAINING J.J. Keller & Assoc., Inc. (920) 722-2848 JP Transportation Safety Consulting, LLC (205) 329-8182 (205) 329-8183 Messerschmidt Safety Consulting (205) 444-0071


EQUIPMENT LEASING H.E.C. Leasing, LLC (615) 324-3538 National Semi-Trailer Corp. (205) 520-0050 Southern Truck & quipment, Inc. (251) 653-4716 Southland International Trucks, Inc. (205) 942-6226 Star Leasing Co. (205) 763-1280 Truck & Trailer Leasing Corp. (256) 831-6880 EQUIPMENT MANUFACTURING BigBee Steel (256) 383-7322 Eaton Corp./Roadranger Field Marketing (205) 601-8440

Dothan Tarpaulin Products, Inc. (800) 844-8277 FleetPride, Inc. (205) 322-5621 Imperial Supplies LLC (920) 494-7474 Kinedyne Corp. (334) 365-2919 Metro Trailer Repair Co., Inc. (205) 323-2877 Paccar Parts/Kenworth (205) 679-7925

BancorpSouth Equipment Cobbs, Allen & Hall Finance (205) 414-8100 (205) 422-7111 Great West Casualty Co. (865) 670-6573 BBVA Compass (205) 297-3349 Hudgens Insurance, Inc. (334) 289-2695 Comdata (615) 370-7778 Johnson-Locklin & Associates (205) 980-8008 GE Capital Solutions aka GE Commercial Finance Transportation FinanceLiberty Mutual Group Morrow, GA (804) 380-5169 (770) 960-6307 Liberty Truck Insurance KSM Transport Advisors, LLC (205) 322-6695 (317) 580-2324 Marvin Johnson & Associates, Inc. (812) 372-0841 People’s Capital & Leasing Corp. (205) 856-9354 McGriff, Siebels & illiams, Inc. (205) 252-9871 People’s United Equipment Finance Corp. (205) 664-9374 Joe Morten & Sons, Inc. (865) 670-6544 Power Funding (256) 606-1546 Regions Insurance/ Barksdale Bonding (334) 808-9441 The Harris Group (229) 436-6361

Warren, Averett, Kimbrough & S. S. Nesbitt (205) 262-2620 Marino, LLC (256) 739-0312 Southern Truck & Equipment, Inc. Palomar Insurance Corp. (251) 653-4716 (334) 270-0105 Wells Fargo Equipment Finance, Inc. (615) 822-1462 Thermo King of B’ham-Thermo Regions Insurance, Inc. King of Montgomery-Thermo (501) 661-4880 King of Dothan (205) 591-2424 INSURANCE Reliance Partners, Inc. AON – Trucking Practice (877) 668-1704 (501) 374-9300 Traction Heavy Duty (205) 335-4338 W.W. Williams (205) 252-9025 (334) 279-6083 ESCORT SERVICE ESTATE AND BUSINESS PLANNING Christian & Small LLP (205) 795-6588 FINANCIAL SERVICES Aliant Bank (334) 270-3000

Aronov Insurance, Inc. (205) 907-9622

Sentry Insurance (800) 610-4888

Avizent (205) 581-9283

Trans Con Assurance, LTD (205) 978-7070

The Baxter Agency (334) 678-6800 BB & T Insurance Services (912) 201-4706 Benton & Parker Insurance Services (770) 536-8340

Turner & Hamrick L.L.C. (334) 566-7665 Zurich (800) 553-3055

Carlisle Medical, Inc. (251) 344-7988 Employers Drug Program Mgmt., Inc. (205) 326-3100 ErgoScience, Inc. (205) 879-6447 J.J. Keller & Assoc., Inc. (920) 722-2848 Safety First-Div. of Behavioral Health Systems (205) 443-5450 Workforce Testing (205) 758-8700 PETROLEUM PRODUCTS BP Castrol Lubricants (601) 824-1779 Jack Green Oil Co., Inc. (256) 831-1038 Major Oil Company, Inc. (334) 263-9070 The McPherson Companies, Inc. (888) 802-7500 W.H. Thomas Oil Co., Inc. (205) 755-2610 PROFESSIONAL SERVICES Accounting Firms: Aldridge, Borden & Co. (334) 834-6640 Katz, Sapper & Miller, LLP (317) 580-2068 Attorneys: Albrittons, Clifton, Alverson, Moody & Bowden P.C. (334) 222-3177 Austill, Lewis & Pipkin, P.C. (205) 870-3767 Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. (205) 328-0480

MEDICAL/DRUG & ALCOHOL SERVICES BancorpSouth Bank Ball, Ball, Matthews & Alabama Specialty Clinic (205) 437-2705 Novak, P.A. (256) 736-1460 Caribou Insurance Agency, Inc. 334-387-7680 (205) 822-7577


ATA_1Q11_11751 ATA 3/14/11 12:26 PM Page 31

Guide Carr, Allison, Pugh, Howard, Oliver & Sisson (800) 582-3793

Direct ChassisLink (704) 571-2618

(as of March 1, 2011

Repairs: Big Moe Spring & Alignment of B’ham, Inc. (205) 780-0290

Goodyear Tire & Rubber Co. (404) 391-8109

Transport Trailer Center (334) 299-3573

Utility Trailer Sales of Integrated Waste Services, LLC Alabama LLC (334) 794-7345 (205) 620-5812 Birmingham Frame & Christian & Small, LLP Alignment, LLC (205) 795-6588 George L. Edwards & Assoc. McGriff Tire Co. (205) 322-4844 (334) 745-5166 (256) 739-0710 TRUCK DEALERS, DeLashmet & Marchand, P.C. MANUFACTURERS J.J. Keller & Assoc., Inc. (251) 433-1577 Carl Carson Truck Center, Inc. Action Truck Center (920) 722-2848 McGriff Treading Co., Inc. (205) 592-9966 (256) 734-4298 (334) 794-8505 Ferguson, Frost & Carrier Transicold South JP Transportation Safety Dodson, LLP (404) 968-3130 onsulting, LLC Michelin Tire Corp. (205) 879-8722 Capital Volvo Truck & Trailer (205) 329-8182 (205) 408-9830 (334) 262-8856 (205) 329-8183 Carroll Truck Repair, Inc. Fisher & Phillips, LLP (205) 983-3375 Wilks Tire & Battery (404) 231-1400 Coffman International Trucks McLeod Software Corp. Service, Inc. (334) 794-4111 Childersburg Truck (205) 823-5100 (256) 878-0211 Service, Inc. Friedman, Leak, Dazzio, (256) 378-3101 Zulanas & Bowling, P.C. Empire Truck Sales, LLC Mobile Asphalt Co., LLC (205) 278-7000 (601) 939-1000 (251) 408-0770 Coffman International Trucks TRAILER DEALERS/ MANUFACTURERS (334) 794-4111 Motor Carrier Safety C & C Trailers, Inc. Haskell, Slaughter, Young Four Star Freightliner Consulting (334) 897-2202 & Rediker, LLC (334) 263-1085 (Montgomery) (205) 871-4455 (205) 251-1000 Eufaula Trucking Co., Inc. Empire Truck Sales, LLC (334) 687-0391 Power South Energy (601) 939-1000 Freightliner Trucks/Daimler Cooperative Ogletree, Deakins, Nash, Trucks North America H & M Trailer Repair, Inc. (334) 427-3207 Smoak & Stewart (770) 963-1460 (334) 262-0692 Fontaine Fifth Wheel NA (205) 328-1900 (205) 421-4300 Lazzari Truck Repair, Inc. Quality Vehicle International Truck & Engine (251) 626-5121 Processing, LLC James M. Sizemore, Jr. Corp./Navistar (205) 507-2758 (256) 409-1985 (813) 382-3113 Metro Trailer Repair Co., Inc. Great Dane Trailers (205) 324-3491 (205) 323-2877 Webster, Henry, Lyons, White, Securance Group, Inc. (334) 272-1200 Bradwell & Black, P.C. Kenworth of Alabama Gulf City Body & Trailer (334) 264-9472 (205) 326-6170 Rowe Management Corp. Works, Inc. (205) 486-9235 Spectrum Environmental (251) 438-5521 Services, Inc. Zieman, Speegle, Jackson Kenworth of Huntsville, Inc. (205) 664-2000 & Hoffman LLC (256) 308-0162 Star Leasing Co. Gulf Coast Truck & (251) 694-1700 (205) 763-1280 Equipment Co. ThinkTrade, Inc. (251) 476-2744 Liberty Truck Sales, Inc. (866) 245-3918 (205) 322-6695 The Truck Shop Other Services: (205) 925-8613 Pratt Industries, Inc. ACS Expedited Solutions TMW Systems, Inc. (269) 465-7676 (800) 489-4585 Long-Lewis Sterling W.W. Williams (216) 831-6606 Truck Sales (205) 252-9025 (205) 428-6241 (334) 279-6083 R C Trailer Sales & Service ACS State and Local Co., Inc. Solutions, Inc. Transportation Billing (205) 680-0924 (931) 520-7170 Mack Trucks, Inc. Solutions, LLC (678) 201-4770 TIRE DEALERS & (205) 788-4000 MANUFACTURERS Southland International Ahern & Associates LTD Best-One Tire & Service Transportation Compliance Trucks, Inc. (602) 242-1030 Neely Coble Co. (615) 785-2834 Services, USA (205) 942-6226 (256) 350-1630 (228) 396-9880 Ball & McGough Bridgestone/Bandag Tire Star Leasing Co. Engineering, LLC Nextran Truck Center – Bham Transportation Safety Services Solutions (205) 763-1280 (205) 345-6399 (205) 322-2534 (800) 681-6245 (251) 661-9700 The Earl Dove Co., LLC (334) 793-7117

Best Drivers (205) 916-0259

Butler Industrial Tire Transportation Support, Inc. Center, Inc. (205) 833-6336 (334) 376-0178

CircleSource, Inc. (800) 519-1490

Welborn & Associates, Inc. (423) 822-1608


Tennessee Valley Recycling LLC (256) 353-6351

Peterbilt Motors Co. (615) 868-0107 Premier Truck Centers, Inc. (205) 841-4450 Rush Truck Center-Mobile (251) 459-7300 Southland International Trucks, Inc. (205) 942-6226 Taylor & Martin, Inc. (662) 262-4613 Volvo Trucks North America (336) 393-2975 Ward International Trucks, LLC (251) 433-5616 TRUCK & EQUIPMENT AUCTIONEERS Ritchie Bros. Auctioneers (770) 304-3355 Taylor & Martin, Inc. (662) 262-4613 TRUCKSTOPS Love’s Travel Stops, Inc. (405) 202-4451 Oasis Travel Center, LLC (251) 960-1148 Pilot Flying J Centers (865) 207-3219 TravelCenters of America/Petro Shopping Centers (404) 231-4142 VEHICLE LEASING National Semi-Trailer Corp. (205) 520-0050 Southland International Trucks, Inc. (205) 942-6226

Ward International Trucks, LLC (251) 433-5616 Peterbilt of Montgomery & B’ham LLC (205) 617-1021

GCR Tire Centers (205) 914-6818


ATA_1Q11_11751 ATA 3/15/11 3:17 PM Page 32


And So It A Begins FMCSA sends out first wave of CSA warning letters.

By Ford Boswell


s of March 1, the Federal Motor Carrier Safety Administration has begun issuing its first wave of Compliance, Safety, Accountability program warning letters to motor carriers with deficient scores in one or more of the program’s Behavioral Analysis and Safety Improvement Categories, or BASICs. According to FMCSA officials, more than 6,000 letters have already gone out across the country and more than 200 have been mailed to carriers based in Alabama. American Trucking Associations safety officials recently told Transport Topics that the FMCSA, over the next several months, will send more than 50,000 warning letters that alert carriers that their performance is substandard in at least one BASIC and that immediate action is needed to fall back into the agency’s grace. This isn’t news to anyone in the industry, of course, but it can be stressful to find one of these letters in the mail. It should be remembered, however, that getting one of these letters isn’t a question of a carrier’s professionalism or commitment to safe operations. Rather, fleet managers should take heed and work immediately in the areas of their operation deemed deficient. Warning letters can be followed by off-site and/or on-site investigations if compliance doesn’t improve, and also be mindful that carriers who receive letters are subject to increased roadside inspections. If you do get a letter, however, don’t panic. It will be clear and to the point about which BASIC(s) you need to improve. It will also outline consequences of continued safety problems. A warning letter provides instructions for accessing motor carrier safety data in the Safety Measurement System (SMS) as well as a point-of-contact for additional information. In the meantime, the FMCSA has released a tip sheet that is available at its Web site. It answers questions about the warning letter such as what it is; why you got one; and how you can respond. The tip sheet also explains how to review your specific violations and the ability to verify these, so you can help

prevent them in the future. Once you receive a letter, FMCSA recommends that you 1) check your data through its SMS (FMCSA released the SMS to the public last December. Motor carriers can log in to the SMS with their U.S. DOT number and PIN to access safety data or log in to the FMCSA Portal); 2) understand your safety assessment. The SMS calculates a measure for each BASIC. The measure is then used to assign a ranking or percentile that allows the safety behavior of a motor carrier to be compared with the safety behavior of motor carriers with similar operations and numbers of safety events; and 3) take action immediately to correct your score. According to reports, the federal government has plans to sharply increase funding and staffing for the CSA program. Trans-

‘If you do get a letter, don’t panic. It will be clear and to the point about which BASIC(s) you need to improve.’ port Topics recently reported that the Government Accountability Office requested $78 million for the program for fiscal 2012 – an increase of more than $68 million over CSA’s 2010 budget. This will help the agency monitor a broader swath of fleets. Under the old SafeStat system, FMCSA only managed to take action against 2 percent of carriers. Your Alabama Trucking Association is also here to help you through the process. ATA’s staff has assisted several members reverse their rating in the old SafeStat system, and we can do the same with your CSA rating. Call us at 334-834-3983. Ford Boswell is the editor of Alabama Trucker. He also oversees communications, marketing and public affairs for the Alabama Trucking Association. Email him at


ATA_1Q11_11751 ATA 3/14/11 12:25 PM Page IBC3

ATA_1Q11_11751 ATA 3/14/11 12:25 PM Page OBC4

Alabama Trucker, 1st Quarter 2011  

Coverage and breakdown of the FMCSA's proposed changes of Hour-of-Service regulation, plus, much, much more.

Alabama Trucker, 1st Quarter 2011  

Coverage and breakdown of the FMCSA's proposed changes of Hour-of-Service regulation, plus, much, much more.