Alabama Trucker, 1st Quarter 2013

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Officers Chairman . . . . . . . . . . . . . . . . . . . .Jack Brim Vice Chairman . . . . . . . . . . . . . .Kevin Savoy Treasurer . . . . . . . . . . . . . .Bruce MacDonald Immediate Past Chairman . . . . . . .Bill Ward

ATA Board of Directors Dennis Bailey, Robert Barnett, Aubrey Baugh, Rhonda Bees, Gary Bond, Ray Brock, Greg Brown, Will Bruser, Mike Callahan, Dan Carmichael, Fenn Church, Mark Coffman, Jeff Coleman, John Collier, Rodger Collins, Driscoll Colquett, Brent Cook, Gail Cooper, Al Cox, Jerry Davis, Ranny Davis, Phil DeSimone, Joe Donald, Edmund Doss, Mack Dove, Russ Elrod, Dean Flint, Jack Fricks, Terry Kilpatrick, Jason King, Mark Knotts, Jerry Kocan, Drew Linn, Alan Love, Jeff McGrady, 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, Bill Scruggs, Harold Sorrells, Ronnie Stephenson, Paul Storey, James Suttles, Wayne Watkins, Bill Watson, Scott White, David Wildberger, Skip Williams, T.J. Willings, Keith Wise.

ATA Staff J. Frank Filgo, CAE, President & CEO Tim Frazier, 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, Legal Counsel 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.








ATA reaches its 75th Year


This year marks the Alabama Trucking Association’s 75th year of serving Alabama’s trucking industry. In that time, the Association’s mission has been to serve the interests of the industry and the public with excellence and integrity while continuing to advance highway safety and industry professionalism. In this issue we begin a three-part series on the history of our great Association, its achievements, important members, and its plans for the future.

Industry’s top concerns for 2013


The American Trucking Research Institute (ATRI) recently released the results of its annual survey of more than 4,000 industry stakeholders. The survey not only asks respondents to rank the priority of critical issues, but also to identify and prioritize strategies to deal with them. ATRI’s Rebecca Brewster offers this executive summary of her group’s findings.

Tax changes for 2013 Recent tax law changes will affect you and your business for years to come. Accounting expert analyst Richard Bell offers a brief overview of some of the broader points to help you form an idea of the effects of the new changes.




President’s Message . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 Safety Insights . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 SMMC Update . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 17 Trucking News Roundup . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Buyers’ Guide . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 42 ATA Events and New Members . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 44

ADVERTISING RATES: Quoted upon request.

Alabama Trucking Association

Alabama Trucking Association 334-834-3983 • A LABAMA T RUCKER • 1 ST Q UARTER 2013


From the President

We’re On The Move

T Frank Filgo, CAE President and CEO Alabama Trucking Association

‘Under the leadership of the ATA Board of Directors and its Chairman, ATA resolves to meet its members’ needs by putting first-things-first. By doing so, we can best create a pro-truck climate in Alabama.’


he Alabama Trucking Association is fortunate to have a strong, effective Board of Directors. Its ranks include principals of 54 member firms, as elected by the membership. Its job is to ensure that the Association’s resources are best utilized and effectively meet members’ needs. Under the leadership of Chairman Jack Brim, the Board has prioritized its agenda to better serve the members’ interests. What follows are some of this year’s priorities. A one-stop-shop for truck registration is long overdue. This can be best accomplished by eliminating the property tax on IRP vehicles. Property taxes present a number of problems for truckers, as follows: (1.) The appraised value of the equipment often does not reflect the true value; there is no apportionment for out-of- state miles; (2.) property taxes are paid at the local level payment necessitating a multi-step registration process; and (3.) property taxes must be verified prior to registration of a vehicle (additional tax forms and submissions to be completed). However, we believe the most compelling reason to eliminate property taxes on IRP vehicles is that it is unconstitutional. The Board has approved the Association joining a suit to challenge that point, and ATA is planning to introduce a legislative fix that will ultimately lead to a one-stop-shop truck registration process. Another problem for truckers is that we have as many as four truck enforcement agencies, all of which have their own protocol. The consolidation of these responsibilities assigned to one primary truck enforcement agency has long been an objective of ATA. ATA supports the initiatives of the legislative leadership and the Governor to make that happen. Adequate highway funding at the federal and state level is a high priority. At its last Board meeting, the ATA Directors approved a position in support of an increased federal fuel tax as applied to all highway users. ATA believes that this funding option is by far the most efficient highway user fee available. Collection costs are just 1 percent of revenue, versus 12 to 35 percent for alternatives such as tolls or vehicle miles traveled

taxes. Because the fuel tax is already in place, there would be no additional administrative cost associated with an increase, which means that 100 percent of the revenue collected could be put into jobs-creating infrastructure projects. For the purpose of keeping the membership informed and involved, ATA has unveiled an improved and updated Web site. The Board previously approved additional funds to allow for improved member communications, and the staff has been working since last summer on the new system that will improve member services. Through the improved site, members will be able to register online and pay for ATA events; update their own company profile; utilize social media to create groups and subgroups of common concerns; among other enhanced features. Another initiative is to enrich the Association’s educational and training opportunities. The Board has approved a project to enlarge the current conference room of the ATA /ATA WCSIF Building. When completed, the new facility will allow for the reception of up to 250 attendees and more than 100 seated in classroom style. Our target date for completion is the end of May, in time for the ATA Installation of Officers Ceremony in June. Another objective is to fittingly celebrate ATA’s 75th Anniversary. This historic milestone will be the focus of our 2013 Annual Convention to be held April 18-20, 2013 at the Hilton Sandestin Beach Golf Resort and Spa in Destin, Fla. Kevin Savoy is this year’s Convention Chairman supported by John Collier and his finance committee. The Convention agenda is jam-packed with interesting speakers and high energy entertainment. Convention registration packets are in the mail. As you can see, this Association is on the move. Under the leadership of the ATA Board of Directors and its Chairman, ATA resolves to meet its members’ needs by putting firstthings-first. By doing so, we can best create a pro-truck climate in Alabama. To those who serve on the ATA Board of Directors and to those members that empower them: Thank you for your leadership! A LABAMA T RUCKER • 1 ST Q UARTER 2013

By Ford Boswell

Gathering at the Tutwiler


On August 18, 1938, 25 trucking executives gathered at the Tutwiler Hotel in Downtown Birmingham to form the Motor Vehicle Association of Alabama, Inc. Plans for that hallmark occasion had in fact begun two years earlier when the group filed for articles of incorporation with the probate Judge Jefferson County and placed on record November of that year. Those papers listed 16 charter members and directors to serve for the ensuing year or until replaced as provided by the bylaws and constitution; the meeting also named nine officers, including the Association’s first president James Martin of Birmingham. There were also seven vice presidents and a secretary treasurer installed. Thus, the Association was born, and an office was established in Birmingham. However, that structure proved too loose, being that it was mostly a paper setup filed somewhere in a courthouse. So the gathering at the Tutwiler turned the alliance into an active working network. President Martin called the meeting to order and led an open discussion how the Association should be reorganized. During the meeting the Association’s legal counsel J.B. Smiley was selected temporary chairman to preside over the unanimous selection of a new slate of officers which included a new president Carl Wittichen of Birmingham; vice presidents, Jack Cole, R.S. Haine; J.C. Bookout, and H.L. Malone. Meanwhile T.H. Shealy was tapped secretary-treasurer. On the Board of Directors were Maurice Golson, Max Berk, W.P. Moore, Glenn Mears and E.C. Creel. On the rate committee were Cole, Shealy, and Golson. According to the minutes of that meeting, “a short but interesting talk was made by the President Wittichen, outlining the great need for our organization to function and advance the motor carrier industry in the state of Alabama.

his year marks the Alabama Trucking Association’s 75th year of serving Alabama’s indispensible trucking industry. Since its beginning as a loose affiliation of truckers and other industry stakeholders, the Association’s mission to serve their interests and the public with excellence and integrity while continuing to advance highway safety and professionalism, has remained a cornerstone of its success. Seventy-five years is a worthy milestone, and it’s remarkable to consider how the Association has evolved in nearly eight decades. Over the next few issues, Alabama Trucker will showcase the Association’s rich history, pulling excerpts from past issues – more specifically from a special issue commissioned by ATA and written by freelance writer Nancy Callahan of Tuscaloosa, marking the Association’s 50th Anniversary in 1988. We will discuss the events, people and achievements that made our Association an industry leader here in Alabama and beyond. This first installment will focus on the crucial first few years – from the Association’s beginnings in Birmingham to how it established itself with state, local and federal agencies to affect the state’s transportaTutwiler Hotel, Downtown Birmingham in 1938 tion system through World War II post recovery to the Association’s imminent move to Montgomery. Future installments will delve into the deregulation years, the industry’s growth from the late-1970s to mid-1980s; the boom of the late 1990s into the new millennium; and, more importantly, the last decade when the Association sharpened its focus and emerged among the leading state level trade associations.



Cole speaking to Alabama Trucker in 1988 recalled, “We were having trouble with taxes and weight limitations being imposed on us and didn’t have a voice in Montgomery. We were just a bunch of disorganized truckers running here and there, so we decided that we better get together and form an association so we can work together.“ Later that year, the leadership established its first dues structure: One to five trucks paid $1 monthly, five to 10 trucks paid $2.50 monthly; and 10 trucks or more paid $5 a month. Meanwhile, monthly employee memberships were $1 annually; individual service stations paid $5 annually; vehicle sales and dealers paid $25 annually; original equipment manufacturers paid $100 annually; and retail automotive dealers paid $10 annually. Also around this time, members also met with Ted Rogers, President and founder of the American Trucking Associations in Washington D.C. Rodgers had come to the new Jack Cole in 1943. organization to stress the need for a united effort by Alabama carriers to organize for their own protection and cooperate with the program set forth by the national organization. MVAA’s leadership unanimously voted to support the American Trucking Associations, pledging more than $400 to the national organization that year. Shortly after, another milestone was met when the Association hired attorney J.B. Smiley to serve as executive secretary for the fledgling group – its first paid employee. His was wages were $50 per month.

Pushing its first legislation One of Smiley’s first duties was to devise a proposed Motor Carrier Act to be presented to the Alabama Legislature. The measure was three-fold, including a regulatory bill, a weight plan and a formal-


Alabama Trucking Association building in Montgomery, circa 1958.

ized tax structure. MVAA pushed the legislation in the State Legislature the following session. On May 4, 1939, arguing before the Recess Committee on Highways and Education for the Alabama House of Representatives, MVAA President Wittichen told committee members that the trucking industry in Alabama was a vital part of the state’s economy and was being hamstrung by weight restrictions. According to notes of the proceedings, he argued that many communities were solely dependent on trucks for food, supplies and other life necessities. MVAA presented nine speakers that day, all of whom urged for a 40,000 lbs. weight load for Alabama versus the 20,000 lbs. limit. Those brought before the Committee on the industry’s behalf included grocers, timber harvesters, sawmill managers, equipment manufacturers, and many other segments of the industry. They argued without a more progressive law, their companies would be forced to leave Alabama and set up operations in states with higher truck weight limits. A chief worry among legislators then was the notion that heavier trucks would damage country roads and wooden bridges. Eventual-


ly, a deal was struck allowing for a weight increase, but also gave county commissions authority to regulate load limits in their jurisdiction – not exactly the best solution, recalled Cole in 1988, but one that was certainly better than the current arrangement. To solidify its base, the MVAA leadership went on an aggressive membership drive. Any business that had or ran trucks was targeted. “We wanted (them) all in the trucking association so we could have a unified voice to speak to the legislators in Montgomery and get those laws changed so we could survive,” Cole said. The increased activity of the group exposed a glaring need for a full-time executive for the Association, and the organization scripted a new set of by-laws for a manager. Josh Oden was hired shortly after – thus, capping a whirlwind first year for the new venture. The early success of the newly formed lobbying group laid the groundwork for a network of dedicated truckers who would work tirelessly to grow their industry for the good of Alabama’s economy. They were going to need the continuity as big changes and world events loomed.

Rates and tariffs In those early days, because of the advent of federal regulations by the Interstate Commerce Commission in 1935, truckers nationwide struggled to organize and cope with the red-tape requirements of their livelihood. Such times gave way to scads of agencies issuing information on rates and tariffs. And relationships among these groups were murky and not always harmonious. Alabama had its fair share of those organizations. One was the tariff wing of the Birmingham Chamber of Commerce. Another was the Alabama Motor Rate Bureau. But the MVAA was the very first group to publish a motor freight tariff for the state. Under the helm of Sydney Jones, the project was begun in September 1940, in the Association’s headquarters in Birmingham. By mid-1942, the feeling among MVAA members was that a measure of order and organization must come from the chaos caused by the proliferation of tariff publishing houses. The PSC agreed, and worked with the Association drafting a plan to consolidate and merge so that one tariff would serve all Alabama carriers. The MVAA leadership wanted to discontinue its own tariff activities and establish a new transportation bureau. Thus, plans were set in motion to merge with the Alabama Motor Carrier Bureau. Minutes of the MVAA’s executive committee show on July 11, 1942 that the proposed agenda called for two separate organizations: “One to be strictly a tariff publishing agency, and the other to be a motor vehicle association charged with the handling of all matters affecting highway transportation, except rates and tariffs.” The plan also called for separate memberships, sets of books, and dues. The tariff was to be issued from the MVAA’s building. The one tariff body that came to fruition and remained was the Alabama Motor Tariff Bureau, which rented office space adjacent to the


MVAA building. Under the administrative di-

‘One public relations rection of B.E. Sullivan, the new office opened for business on August 10, 1942 – a branch was effort was the first also set up in Mobile. annual Alabama Truck Trucking through WWII “Roadeo” and parade In the summer of 1940, just two years after the Motor Vehicle Association Alabama was actistaged in Birmingham in vated, the Alabama Motor Carrier Act was approved by the State and became effective August an industrial parking lot. 3. This new statute provided for the control, supervision and regulation of for-hire motor carriIt was an event designed ers in the state. The Public Service Commission was the agency designated to administer the law, to encourage street and and was also given authority to make general rules and regulations to carry out its provisions. highway safety and to Through the new law, the PSC instructed motor carriers to file a temporary or experimenshowcase the industry’s tal tariffs (or rates), classification, rules and regulations. Then, by notice of the PSC, a hearing professionalism and the on motor carrier rates was held in February 1941 at the commission office in Montgomery. skill of its drivers.’ A final hearing took place in Birmingham a month later, and as a result, the PSC wrote ground rules under which motor carriers could operate in Alabama. But those were not to be the only directions for truck transportation within Alabama because World War II would erupt just prior to the end of the year. It was an event that not only changed the world, but also changed the course of trucking nationwide. Drivers were drafted into the armed services, causing manpower and equipment shortages. Gasoline was scarce and acquiring tires and other critical truck parts were nearly impossible. New trucks were also unavailable for purchase. Further, motor carriers now were to answer and bargain with a complex set of government boards created to run the war effort at the federal level. The continued burden of weight limits from local commissions still hamstrung Alabama truckers during this crucial time. The Association worked with local, state and federal authorities to ease some of the shortages and some concessions were made on trucking’s behalf. This allowed the trucking industry to more effectively does its part for the war effort and still remain profitable. According to Cole, one unintended result of the regulatory turmoil during World War II was that the


MVAA was able to cut its teeth quickly and gain the respect of its own industry and regulatory officials, earning a reputation as a group that knew how to handle its business, build a coalition, and get things done.

Post War recovery, a move to Montgomery & name change In 1945, World War II came to an end, and Alabama truckers no longer had to scrounge for manpower and equipment. This was proven by a shift of emphasis at the Association’s 1946 annual convention, where topics ranged from highway safety, to the need to repeal the mileage tax, and state reciprocity. Since November 1939, the association attempted reciprocity between states—an arrangement whereby one state grants privileges to vehicles or owners of vehicles in another state when such vehicles were properly registered in the second state. Such privileges went from complete exemption from payment of all fees and motor vehicle taxes in the reciprocating state to potential partial exemption of one or more fees. Eventually, MVAA officials would negotiate full or almost full reciprocity with at least 25 states by the late-1940s. During the 1946 annual meeting, the group went on record as emphasizing is thrust to secure better public acceptance of motor carrier service and to educate the public on problems within the industry. One way this mission was acheived was through heightened media coverage of the annual meeting. At one point featured speaker National ATA’s Ted Rogers conducted a 15 minute question-and-answer broadcast over Birmingham radio stations. In addition Alabama Governor Chuancy Sparks attended the meeting. At the conclusion of World War II, the popular Gov. Sparks was instrumental in guiding the state seamlessly


through the dismantling of war-geared programs. The keystone of that assembly, however, was the MVAA’s intent to achieve full development of a highway transportation system, not only in Alabama but nationwide. The group sought to achieve that goal through sound highway policies. Thus, the Association passed a resolution endorsing a five-point policy of sound highway development that included, ideas for adequate highways; highway safety; reasonable and equitable taxes; more unified traffic laws; and keeping regulation of motor vehicle operation at a fair level. One public relations effort was the first annual Alabama Truck “Roadeo” and parade staged in Birmingham in an industrial parking lot. It was an event designed to encourage street and highway safety and to showcase the industry’s professionalism and the skill of its drivers. This was the genesis for the current Alabama Truck Driving Championships. Interestingly, at the time, it was a major state media event, and by 1952, it was even broadcasted live by local media, including several television and radio stations from Montgomery and Birmingham. During this time, the Association’s longest serving chairman William Sellers of Baggett Transportation in Birmingham began a three term stint. His company is still in operation and thriving. Its current president Joe Donald is member of the Association’s Executive Board. Chairman Sellers was also at the helm when the Association made its next biggest step when the board of directors voted to move operations to Montgomery in May 1951. That decision was made to increase the group’s profile among state government. Two years later, the group voted to change its name to the Alabama Trucking Association, a move that was also done to better define the group with the public.


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ATRI survey ranks truckers’ top concerns. By Rebecca Brewster


mented nationally by the FMCSA in late 2010, uncertainty and dissatisfaction with the impacts of CSA remains a significant challenge for many in the trucking industry. While FMCSA has worked with the industry to address some of the issues surrounding CSA and its measurement of carrier and driv-

lmost two years after nationwide deployment of the FMCSA’s Compliance, Safety, Accountability (CSA), it now ranks as the number one issue of concern for trucking industry stakeholders. The annual ranking of top industry issues is done each year by American Trucking Research Institute (ATRI) on behalf of the American Trucking Associations and the 50 State Trucking Associations. ATRI’s survey of over 4,000 industry stakeholders, not only asks respondents to rank the priority of critical industry issues, but also to identify and prioritize strategies to deal with each issue. CSA was ranked first, second or third by a larger share of respondents than any other issue (37.7 percent) in the annual survey. Hours of Services remains a top concern for the industry (this year Despite the fact that CSA was first implecoming in at No. 2) 12

er safety performance, challenges still remain. In particular, the lack of a process for determining crash accountability within CSA and the uncertain relationship between CSA scores in each of the BASICs and future truck crash risk are two areas where the trucking industry believes more work must be done by FMCSA. This increasing displeasure with CSA may be one reason for its number one ranking in 2012. The federal regulations that govern commercial driver Hours-of-Service (HOS) have been a top five issue in the annual survey since it began in 2005. This year the HOS rules maintained their No. 2 ranking from 2011, likely driven by FMCSA’s publishing of a new final rule in December 2011. The new rules changed several key provisions in the HOS including limits on the 34-hour restart and a requirement for a minimum 30-minute break after A LABAMA T RUCKER • 1 ST Q UARTER 2013

2011 Top industry issues survey 1. CSA 2. Hours-of-Service 3. Economy 4. Driver Shortage 5. Fuel Supply/Fuel Prices 6. EOBR/ELD Mandate 7. Driver Retention 8. Truck Parking 9. Driver Health/Wellness 10. Congestion/Truck Bottlenecks (tie) 10. Highway Infrastructure (tire) eight hours of driving. The HOS rules were first changed in 2004 and since then, the industry has seen proposed changes implemented, vacated by the courts and changed again. Given the significant operational modifications that the industry has undergone to comply with the multiple changes to the HOS rules and the anticipation of additional costly impacts from this latest round of changes, it is not surprising this issue continues to rank high. After three years as the number one trucking industry concern, the state of the nation’s economy dropped two spots to No. 3 in the 2012 survey. This drop is primarily the result of economic improvement and escalating concern over the impacts of CSA and HOS. Regardless of the drop in ranking, concern over the economy still remains high; it received more first place votes than any other issue (16.1 percent of first place votes) in the 2012 survey. The unsteady nature of the economic recovery clearly continues to weigh heavily on the minds of many in the industry. The continued difficulty in finding qualified new drivers put the driver shortage at No. 4 in the survey of top industry concerns. Immediately following the economy as an issue, the ranking of the driver shortage highlights the unevenness of the economic recovery and the diversity of the Fearing the unknown: An anticipated final rule on electronic on-board recorders continues to worry fleet managers.

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trucking industry. While some in the industry are worried about freight demand, others cannot find enough drivers to accommodate growing demand. However, the source of the driver shortage may not be completely tied to a growing economy or baby boomer retirements. Many in the industry are reporting significant hiring challenges as a result of CSA. And, the proposed changes to the HOS rules have industry stakeholders concerned about additional impacts on the driver labor pool once the rules take effect in 2013. Regardless of the reasons, the driver shortage is a major concern for many in the industry. Over a quarter (27.9 percent) of respondents feel strongly enough about the driver shortage to rank it first, second or third. Rounding out the top five in this year’s survey is fuel issues/fuel prices. This perennial top industry issue typically fluctuates in ranking based on the price of fuel. In those years, like 2008, when fuel prices skyrocketed, it ranked No. 1 in the ATRI survey. This year it maintained its No. 5 position from 2011. However, fuel issues remain a concern for many in the industry, particularly given the impact that fuel costs have a on a motor carrier’s bottom line. This year the Top Industry Issues Survey saw several new issues emerge as top con-


Fleet managers ranked driver health as a Top 10 concern (No. 9 on the list). Above, former driver Siphiwe Baleka developed a driver fitness program for Missouri carrier Prime, Inc.

cerns, among them the No. 6 issue, the Electronic Onboard Recorder/Electronic Logging Device (EOBR/ELD) mandate. In 2011, FMCSA was forced to vacate a proposed EOBR/ELD rule due to a court decision regarding concerns over driver harassment. Though FMCSA had been working toward a new EOBR/ELD final rule that addressed harassment concerns, the agency’s work was preempted by the inclusion of an

EOBR/ELD mandate for HOS tracking in the MAP-21 transportation bill passed by Congress in 2012. In MAP-21, Congress gave the agency until October 1, 2013 to issue a final rule. Two other new issues that appeared in the 2012 survey for the first time were Truck Parking (No. 8) and Driver Health/ Wellness (No. 9). Concerns over the lack of available truck parking appear to be increasing with the closing of many public rest areas and the uncertain impacts from the new HOS provision which will require additional rest breaks for drivers. With driver turnover increasing and carriers experiencing difficulty in finding qualified new drivers, the emergence of driver health and wellness as an issue points to the recognition that improving commercial driver health is critical to preserving the industry’s most valuable asset. A copy of the full report is available online at Rebecca Brewster, president & COO of the American Transportation Research Institute. Contact her at rbrewster@



Big Time changes coming... but when and how?


Tim Frazier, CDS ATA Director of Safety and Member Services

‘With all its warts, we have to agree CSA has raised fleet safety awareness in our industry to a whole new level—and that’s a good thing for everyone. Where ever you go and whenever you speak to a trucking employee, fleet safety is in most conversations.’


t publication time, the industry is a few days from hearing from an Appeals Court in Washington D.C. with regard to Hours of Service Rule changes (or not). The appeals court is scheduled to hear arguments this month in regard to opposition from various groups, including the American Trucking Associations. As we are all well aware at this point, the new rules are scheduled to go into effect July 1 of this year. Various groups have filed motions with their concerns for a new HOS rule. While different groups have varying opinions regarding new rules and what changes need to be considered, it is my opinion the rules we have in place today provide the necessary guidance for commercial drivers to operate their equipment is a safe manner. Evidence from various studies over the past year has provided information regarding the reduction in truck crashes, especially ones involving driver fatigue. Some of you can remember the day when a driver could operate his/her truck 20 hours a day and be perfectly in compliance with HOS rules. Those days were tough on our industry — and even tougher on our drivers. The rules we have in place today, when followed, provide necessary rest for drivers and help create a less stressful environment for fleet safety managers. Fleet managers and enforcement officials have hedged their bets, maintaining a waitand-see approach before implementing training on proposed HOS changes. Regardless of whether the rule stands or is modified industry stakeholders will need to be trained on how to remain compliant. Another area of concern is the current CSA program. With all its warts, we have to agree CSA has raised fleet safety awareness in our industry to a whole new level—and that’s a good thing for everyone. Where ever you go and whenever you speak to a trucking employee, fleet safety is in most conversations. The CSA program has caused many companies to be concerned because of the impact the score

has in so many different areas. Though we do find fault with much of the scoring methodology within the program, the original intent of predicting a company’s crash risk was a good idea. The concern we have going forward is the intent of the program has shifted in the eyes of the FMCSA. It is our understanding the FMCSA would like to see the CSA program become the major factor in deciding a company’s safety fitness. The current compliance review process looks at many factors regarding a company’s rating. To reach a point of utilizing the CSA program as a stand-alone process for this rating is very questionable. Since CSA scores are determined by roadside inspection and crash data, it seems many factors would be overlooked that are vital to a successful compliance rating. I get many calls in regard to the upcoming changes and concerns regarding the impact some will have. We try to stay in contact with our state and federal partners on a regular basis to provide the most current information possible. I would challenge all safety and maintenance supervisors to stay current on the information available regarding our industry. Whether it’s an industry publication, FMCSA Web site, or the Federal Register, utilize all means available to keep up with the latest news. I suggest each of you visit FMCSA’s Web site on a regular basis, as news is posted regarding their activity. The best avenue I have found for current activity regarding laws and regulations in our industry is the Federal Register. Lastly, one of the most important tools we have is our voice. Comment periods are offered by the Feds when proposed rules are forthcoming. I would encourage each of you to review the proposed rules, take note of the comment periods, and let your voice be heard. Many times throughout the past the information gathered during the comment period has made a significant difference in the outcome of a rulemaking. As a reminder, PARTICIPATION is the key. A LABAMA T RUCKER • 1 ST Q UARTER 2013

MANAGEMENT COUNCIL NEWS SMMC Fleet Safety Awards set for March 25 in Pelham The Alabama Trucking Association Safety & Maintenance Management Council’s Annual Fleet Safety Awards are set for Monday, March 25 at the Pelham Civic Complex (500 Amphitheater Road, Pelham, AL 35124). These annual awards recognize companies and drivers who uphold the highest safety standards in the state for the previous calendar year. Companies with the best safety records in 14 different classes are awarded the Fleet Safety Awards. Safety records are determined by calculating the number of accidents per million miles driven within the state. Individual awards include Fleet Manager of the Year; Safety Professional of the Year; Maintenance Professional of the Year; and Driver of the Year. Winners are selected by a panel of judges composed of representatives from the Federal Motor Carrier Safety Administration and the Alabama Department of Public Safety. National ATA renews call for FMCSA to implement crash accountability The American Trucking Associations has reiterated its call for the Federal Motor Carrier Safety Administration to immediately establish a process to remove from motor carriers’ records crashes where it was plainly evident that the carrier was not to blame. Currently, carriers’ scores in FMCSA’s safety monitoring system, Compliance, Safety, Accountability, are based on all carrier-involved crashes, including those that the companies’ drivers did not cause and could not reasonably have prevented. ATA pointed to several examples of such crashes that have occurred over the past year incidents when a driver of stolen car crossed grassy median; a suspected drunk driver rear-ends gasoline tanker; and law enforcement pursuit of stolen SUV ends in tank truck crash. “Just last month, police gave chase to a driver of a stolen car who crossed a grassy median and struck a truck head-on,” said ATA President and CEO Bill Graves. “It is clearly inappropriate for FMCSA to use these types of crashes to prioritize trucking companies for future government intervention, especially when responsibility for the crash is so obvious. “Including these types of crashes in the A LABAMA T RUCKER • 1 ST Q UARTER 2013

From left: Lakeshore Foundation President Jeff Underwood and Lakeshore Chief Program Officer Beth Curry stand with ATA and SMMC members Butch Owens of Golden Flake, Dennis Bailey, Wal-Mart Transportation, Noah Galloway, Frank Filgo and Tim Frazier of ATA and Herbie Boring of Southland International Trucks.

SMMC chapter raises more than $3,000 for Lakeshore Foundation The Birmingham chapter of the Alabama Trucking Association’s Safety & Maintenance Management Council recently donated $3,200 to Lakeshore Foundation in Homewood, Ala., a non-profit organization that helps disabled men and women improve their lives through physical activity, training and competition. The gift, made possible by individual and member firm donations to the SMMC’s Benevolent Fund, was presented to executives from the Lakeshore Foundation in January and given in honor of former Army Sergeant Noah Galloway, who while on a second tour of duty in Iraq in late 2005, lost his left arm above the elbow and left leg above the knee in an Improvised Explosive Device (IED) attack in Yusafiah, Iraq. Longtime Birmingham SMMC member and founder of the group’s Benevolent Fund Butch Owens of Golden Flake Snack Foods said his group “sort of adopted Galloway” after hearing him speak at the group’s annual holiday party and banquet last December. “Noah is such an outstanding young man, and a hero who paid a steep price for our country,” explained Owens. “His story is so compelling, and the positive energy he creates and his tenacious spirit is an inspiration to us all. When we tossed around ideas about which charity would we support this year, we all agreed that we’d do something in his honor.” He added, “I think we kind of surprised him after his presentation with our intentions, but he ultimately directed us to the Lakeshore Foundation for the gift, telling us that he really wanted to keep the money local. It was a great call, and we are certainly pleased to help an outstanding organization right here in our own area.” Lakeshore President Jeff Underwood says that his organization works to enable people with physical and mental disability and chronic health conditions to lead healthy, active and independent lifestyles through sport, recreation and research. “Our focus here is helping individuals with disabilities improve their lives through physical activity and competition,” Underwood explained. “We don’t provide vocational rehabilitation because the men and women who come here already receive so much of that from other groups or agencies. We believe that physical health and activity improves morale and promotes a quality of life. Noah is a wonderful example of our mission.” Today, Galloway is extremely active, constantly challenging himself physically by participating in warrior dash events and other extreme sport competitions. calculation of carriers’ CSA scores, paints an inappropriate picture for shippers and others that these companies are somehow unsafe,” he said. Earlier this week, FMCSA’s Motor Carrier Safety Advisory Committee heard from a crash reconstructionist who contended that FMCSA could not determine fault in many

instances based solely on information from police accident reports. “This may be the case with some crashes,” said Graves, “but not when a drunk driver rear ends a gasoline tanker or the driver of a stolen car crosses a grassy median and strikes a truck head on.” Continued on page 18 17

News Over a year ago, FMCSA shelved plans to make just these sorts of determinations in favor of further study. ATA subsequently called on FMCSA to establish an interim process to address crashes where it is “plainly evident” that the crash should not count against the trucking company. “FMCSA has been evaluating this issue for years and is not due to complete additional research until this summer,” Graves said. “We don’t need more research to conclude that it is inappropriate to use crashes like these to paint the involved trucking companies and professional drivers as unsafe.”

Alabama service tech and partner reach finals at Penske Tech Challenge Penske Truck Leasing technicians team of Ricky Schley of Irvington, Ala., and Tom Coxon of Pensacola, FL, came in fifth out more than 1,200 competitors in the vehicle


systems competition at Penske’s biennial National Technical Challenge. The finals were held in January in Winston-Salem, NC. The challenge tested the skill sets of Penske’s truck maintenance technician workforce via hands-on and written assessments. It is comprised of two competitions: a two-person Vehicle Systems competition, Ricky Schley which measures knowledge of electrical and diagnostics systems, and a solo Preventive Maintenance competition, testing to make sure a truck’s operations and parts are functioning correctly. Out of 1,252 competitors, Schley, 32, and Coxon, 37, were among 15 Penske maintenance technicians from across North America advancing to the finals Tom Coxon of this year’s Penske Truck Leasing National Technical Challenge. They progressed through district, area and regional events to become the Southeast region champions, competing against four other winning regional teams in the Vehicle Systems national finals. Finalists were awarded prizes and recog-

nized during a banquet held at the Penske Racing headquarters in Mooresville, NC. Schley is currently a Penske Technician II out of the Mobile facility and has been with the company for eight years. He has a wife, Natalie Schley, and two children, Landen, 3, and Emily, 8. In his spare time, Schley enjoys playing video games and spending time with family. Coxon is currently a Penske Lead Technician I out of the Pensacola facility and has been with the company for 16 years. He has a wife, Adrienne. In his spare time, Coxon works on his Nissan 370z and is an active member in his car club, Florida Panhandle Z/G Community. It was Schley’s my first year getting to the finals, but he said that the experience was gratifying and he enjoyed the competition. He said the experience makes him a better technician. “The stress and anticipation was high, because you never know what they’re going to throw at you,” he said. “You do the best you Continued on page 20


NTSB recommends fleet driver screens go back 10 years

News can do, and whether I finish first or last, I got a great satisfaction from competing. This competition has been helpful to my job. It’s helped me fix trucks that I haven’t been able to fix before. This competition has broadened the way I work with trucks. I have been able to speed up the troubleshooting and provide better customer satisfaction.” He adds that working and training with his partner Coxon was also a tremendous help. “I prepared by going online to the Penske training site and viewing the trucks and engines that were used at the competition,” he explained. “I also looked at multiple training modules, to work on things I didn’t understand. I also sought advice from senior technicians. Once there were trucks that came into the shop that matched the specifications of trucks in the competition, I went to work on the truck, and figured out the best way to work on it. Tom and I went to offsite training classes too.”

Commercial Carrier Journal reports the National Transportation Safety Board recently sent a letter recently to the Federal Motor Carrier Safety Administration making recommendations on driver hiring and pre-employment screening, which would essentially require fleets to delve into a potential hire’s employment history and records dating back 10 years. According to CCJ, that is the second recommendation NTBS offered, following up its first recommendation that FMCSA “create a mechanism” of gathering that employment history and recording it in a data base of sorts, which would be available to all prospective carriers and employers. The third recommendation would require fleets to get records from the Commercial Driver’s License Information System and the National Driver Register “for all driver applicants so they can obtain a complete driving history and license history of prospective drivers.” The recommendations stem from an accident report — concluded in December 2012 — from a June 2011 crash between a commercial truck and an Amtrak passenger train, which killed 6 people, including the truck driver. The report says the driver’s

fleet did not have complete or accurate information regarding the driver’s employment history, the fourth time in two years an accident has been studied in which a fleet did not have the ability to make an “informed decision,” says NTBS, due to lack of information. By boosting a fleet’s ability to gather and use information in the hiring process, accidents can be prevented and lives saved, says NTBS’ letter. NTBS has asked FMCSA to respond within 90 days.

Carb issues tire compliance summary The California Air Resources Board (CARB) recently published a summary of the compliance deadlines for low rolling resistance tires under its Tractor-Trailer Greenhouse Gas Regulation. The regulation requires the use of low rolling resistance tires on 53-foot tractor-trailer combinations operating in California. The deadlines vary for tractors and trailers and include a January 1, 2013 deadline for 2010 and older tractors. The summary also clarifies compliance requirements when using retreads and open-shoulder tires. Continued on page 24


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News Dana Transport’s Clarence Bean recognized by Public Safety The Alabama Dept. of Public Safety has honored Clarence Bean of Dana Transport in Demopolis for supporting many years of supporting DPS’ Motor Carrier Safety Unit during training exercises. According MCSU officials, Bean coordinates the usage of Dana tanker trailers and other equipment during anti-terrorism training exercises conducted at the Selma Training Academy. A certificate was presented from the DPS Motor Carrier Safety Unit and signed by Col. Hugh B. McCall. Capt. Tim Pullin, Commander Motor Carrier Safety Unit said, “We appreciate Clarence and his willingness to always support our training, even when we sometimes make our request on short notice. Clarence and Dana always come through and have


Dana Transport’s Clarence Bean is recognized by State Department of Public Safety Capt. Tim Pullin and ATA Safety Director Tim Frazier for his support of state trooper training programs.

the equipment available when needed” “I appreciate the recognition for our company,” Bean said. “I’m glad to help in any way that helps keep people safe, and

I’m sure this training has been beneficial in preventing dangerous situations.” Continued on page 26

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Researchers: Car drivers much more likely to be at fault in car-truck crashes The principal policy reason for evaluating fault, and the nature of errors that increase crash risk, is to design and implement cost-effective truck safety programs that yield the greatest safety benefits. In the context of prevention, it’s critical to understand relative fault since cars are involved in the majority of truck crashes. Over time, numerous studies have been conducted by federal agencies, universities, trade associations and independent researchers that utilized, at least in part, Police Accident Reports (PAR) to investigate contribution/fault, informing the design and implementation of fleet safety programs nationwide. The following summary highlights the results of four preeminent organizations in the field of vehicle crash causality. University of Michigan Transportation Research Institute (UMTRI): UMTRI is a leader in truck-related crash research. The highlighted study assigns driver factors to 8,309 fatal car-truck crashes as a proxy for fault. ● Car drivers were assigned factors in 81 percent of crashes versus 27 percent of truck drivers ● The totals are greater than 100 percent because 10 percent of crashes assigned both the car and truck driver factors ● Cars were the encroaching vehicle in 89 percent of head-on crashes, 88 percent of opposite-direction sideswipes, 80 percent of rear-end crashes, and 72 percent of same-direction sideswipes—obvious indicators of fault National Highway Traffic Safety Administration (NHTSA): Tasked with “reducing deaths, injuries and economic losses resulting from motor vehicle crashes,” NHTSA has undertaken extensive re-



search on the topic. Their 2003 study assigned causal driver factors in 10,092 fatalities. ● Cars were assigned driver factors in 91 percent of head-on crashes, 91 percent of opposite-direction sideswipes, 71 percent of rear-end crashes, and 77 percent of same-direction sideswipes ● Trucks were the encroaching vehicle in 98 percent of backing accidents (represents less than 1 percent of sample set) AAA Foundation for Traffic Safety: The foundation’s mission is “to identify traffic safety problems, foster research that seeks solutions and disseminate information and educational materials.” This study, one of over 250 projects they’ve funded to discover the causes of crashes, examined 10,732 fatal accidents. ● 36 percent of car drivers were cited for two or more unsafe acts ● 11 percent of truck drivers were cited for two or more unsafe acts Federal Motor Carrier Safety Administration (FMCSA): FMCSA is the primary regulating agency for the trucking industry whose stated mission is “to prevent commercial motor vehicle-related fatalities and injuries.” Two studies are noted below. Annual Large Truck and Bus Crash Facts: Cites driver factors in 6,131 car-truck fatal crashes ● 2007: 85 percent of cars were assigned driver factors versus 26 percent of trucks ● 2008: 85 percent of cars were assigned driver factors versus 26 percent of trucks ● 2009: 81 percent of cars were assigned driver factors versus 22 percent of trucks Large Truck Crash Causation Study (LTCCS): A more thorough analysis of a smaller data set of 221 fatal accidents ● 77 percent percent of cars were assigned with driver factors ● 23 percent of trucks were assigned with driver factors




Roundup T Ru c k i n g i n d u s T Ry

Congestion costs trucking $27 billion in 2011 Congestion is taking a mighty toll on truckers’ bottom line. According to researchers at Texas A&M University, the total financial cost of congestion in 2011 was $121 billion, up one billion dollars from the year before and translating to $818 per U.S. commuter. Of that total, about $27 billion worth was wasted time and diesel fuel from trucks moving goods on the system. As traffic congestion continues to worsen, the time required for a given trip becomes more unpredictable, and researchers now have a way to measure that degree of unreliability, introduced for the first time as part of the annual Urban Mobility Report, published by the Texas A&M Transportation Institute. The Planning Time Index, a measure of travel reliability, illustrates the amount of extra time needed to arrive on time for higher priority events, such as an airline departure, just-in-time shipments, medical appointments or especially important social commitments. If the PTI for a particular trip is 3.00, a traveler would allow 60 minutes for a trip that typically takes 20 minutes when few cars are on the road. Allowing for a PTI of 3.00 would ensure on-time arrival 19 out of 20 times. PTIs on freeways vary widely across the nation, from 1.31 (about nine extra minutes for a trip that takes 30 minutes in light traffic) in Pensacola, Fla., to 5.72 (almost three hours for that same half-hour trip) in Washington, D.C., according to the study by TTI, a member of The Texas A&M University System. “We all understand that trips take longer in rush hour, but for really important appointments, we have to allow increasingly more time to ensure an on-time arrival,” says Bill Eisele, a TTI researcher and report co-author. “As bad as traffic jams are, it’s even more frustrating that you can’t depend on traffic jams being consistent from day-to-day. This unreliable travel is costly for commuters and truck drivers moving goods.” 28

Rankings of the nation’s most congested cities vary slightly from year to year, and many of this year’s top 10 are repeat performers. Washington, D.C. tops the list, followed by Los Angeles, San Francisco-Oakland, New York-Newark and Boston. The second five include Houston, Atlanta, Chicago, Philadelphia and Seattle. The report provides a detailed illustration of traffic problems in a total of 498 U.S. urban areas. In addition to PTI, the 2012 UMR also debuts an estimate of the additional carbon dioxide emissions attributed to traffic congestion: 56 billion pounds – about 380 pounds per auto commuter. “Including CO2 emissions into the UMR provides another dimension to the urban congestion problem,” says researcher and co-author David Schrank. “It points to the importance of implementing transportation improvements to reduce congestion.” The analysis of CO2 was made possible by funding from the National Center for Freight and Infrastructure Research and Education. Traffic congestion in U.S. cities has remained relatively stable in recent years and continues to underscore the link between traffic and the economy, according to the UMR. As the nation’s job picture has slowly improved, some congestion measures in 2011 were generally comparable to the year before. Fuel wasted in congested traffic reached a total of 2.9 billion gallons – enough to fill the New Orleans Superdome four times. That’s the same as 2010, but short of the 3.2 billion gallons wasted in 2005. The Travel Time Index (the difference in time required for a rush hour commute compared to the same trip in non-congested conditions) remained steady at 1.18, still short of the 1.23 level in 2005. The methods and measures developed by TTI and used in the Urban Mobility Report have been successfully implemented for policy making and prioritizing congestion-mitigating projects, says report co-author and researcher Tim Lomax. “In light of the recent signing of the Moving Ahead for Progress in the 21st Century Act, there is

greater importance on using such measures to prioritize transportation improvement spending to get the highest investment return for the public.” Researchers say that the most effective way to address traffic congestion varies from one urban area to another, but that in all cases, a multi-faceted approach should be used, relying on more efficient traffic management and public transportation in addition to new construction. Travel options such as flexible work hours and telecommuting should also be part of the mix. The 2012 installment of the study includes 30 years of trend data with which TTI has measured and analyzed traffic congestion and its impact on life in urban America. The report is the third prepared in partnership with INRIX, a private-sector provider of travel time information for both commuters and shippers.

Workers’ comp bill on the fast track A pro-business WC bill sponsored by Rep. Paul Demarco received a favorable committee report and could soon see floor action. House Bill 28 provides that neither medical nor loss wages would be awarded to an employee or his or her estate if the employee's injury or death was a direct result of an impairment or intoxication caused by the employee's alcohol consumption or drug use. This bill would further provide that once the injured worker has a positive alcohol or drug screen according to U. S. Dept. of Transportation Standards, the burden of proof would then be on the employee to demonstrate that the impairment from illegal drugs or the consumption of alcoholic beverages was not a direct cause of the accident. Under existing law, a positive drug test in the workplace shall be a conclusive presumption of impairment resulting from the use of illegal drugs when an accident occurs in the workplace. The employer bears the burden of proving that the illegal drugs or alcohol was a direct cause of the workplace accident. If drugs or alcohol are the cause of the accident, then the employer is not responsible for providing loss wages to the employee, but is still required to provide lifetime medical treatment. A LABAMA T RUCKER • 1 ST Q UARTER 2013

WTI Transport among TCA’s ‘Best Fleets to Drive For’ list Twenty trucking companies from across North America, including Alabama’s own WTI Transport of Tuscaloosa, have been named the 2013 Best Fleets to Drive For by the Truckload Carriers Association and CarriersEdge. The carriers are not ranked and WTI was the only carrier on the list from Alabama. The annual survey and contest, now in its fifth year, identifies for-hire trucking companies that provide the best workplace experiences for their drivers. The nomination process began in the fall of 2012, when company drivers and owneroperators were asked to nominate carriers that operate 10 or more trucks. After confirming the validity of the nominations and the trucking companies’ desire to participate, CarriersEdge interviewed human resources representatives and executives of the nominated fleets about their corporate direction, policies, and programs. Nominated fleets were evaluated against a scoring matrix covering a variety of categories, such as: total compensation package – including base pay, bonuses, vacation, and sick day allotment; health benefits; pension plans; fleet safety record; driver turnover rate; professional development opportunities (training, coaching programs, etc.); and others. A selection of each fleet’s drivers was also surveyed, with their feedback compared to management’s and incorporated into the final score.

Many transportation challenges ahead, new highway exec says Sean Kilcarr for Fleet Owner magazine reports that establishing “sustainable” sources of transportation funding, supporting further multi-modal connections to improve the flow of freight and commuters, while continuing to address a “traffic safety epidemic” are only some of the major issues Frederick “Bud” Wright plans to address as the newly-installed executive director of the American Association of State Highway and Transportation (AASHTO). Wright also told reporters that implementing provisions of the Moving Ahead for Progress in the 21st Century Act or “MAP-21” that directs federal spending and regulatory efforts in the transportation sector is being complicated due to its shortterm nature. “We were very pleased with many of the provisions in MAP-21, especially how it allowed the states to more broadly pursue an A LABAMA T RUCKER • 1 ST Q UARTER 2013

National dealer group taps Southland International Dealer of the Year Drew Linn, president of Homewood, Ala.based Southland International Trucks, has been named the 2013 Truck Dealer of the Year. The national award, which is co-sponsored by the American Truck Dealers and Heavy Duty Trucking magazine, focuses on excellence in dealership performance, as well as industry and community Drew Linn leadership. Linn began his career with International Harvester, now known as Navistar, in 1965. Throughout his extensive career, Linn has remained focused on providing excellent service to his customers. “If you treat a customer the way you would want to be treated, then you will have a customer for life,” Linn says. “At Southland International Trucks, customer service isn’t just a saying; it’s a way of life. We focus on making sure that all of our customers’ business needs are met.” To illustrate the commitment to his customers, Linn included his personal contact information in advertisements and dealership signage. He has also worked closely with Navistar as a part of its Dealer Council to help other dealers work to resolve issues and identify opportunities in the truck market. “Drew has always been in tune with our needs,” said Southland International customer Chris Hornady, president of Hornady Transportation, LLC. “From instituting weekend shifts to making himself personally available, Drew makes sure that we have access to service whenever we need it because our business runs seven days a week.” As a member and former chairman of the Alabama Trucking Association, Linn also worked to expand member services for dealers throughout Alabama. He was instrumental in establishing one of the first truck driving schools in the state along with an accompanying technical training institute, helping to meet the needs of growing fleets. Linn has had a distinguished career recognized with more than a dozen corporate and industry awards, including a previous nomination for the 2006 Truck Dealer of the Year, International Circle of Excellence, International Dealer of the Year (2008) and H. Chester Webb Distinguished Service Award (2009). In his acceptance speech Saturday during the ATD Convention and Expo, Linn used the platform to commend his employees. “It’s an accomplishment made possible by our 200 dealership employees.” “I spend more and more of my time coaching because our team’s getting bigger,” Linn told HDT in an interview. “I love the interaction with customers, but I love even more the interaction with our people. The older I get, the more gratifying it is to see them become successful.” Nominees for the award are evaluated on several categories, including dealership performance, civic contributions and industry leadership. The winner was chosen by a panel of professors from Indiana University’s Kelley School of Business. The American Truck Dealers represents about 2,000 medium- and heavy-duty truck dealers. array of funding mechanisms for transportation projects, such as tolls,” Wright said. “But MAP-21 only lasts for two years, and the reality is we’re still in the middle of implementation its provisions as we begin the reauthorization process.” Wright – who spent his entire four decade career in the transportation industry, serving a stint as executive director of the Federal Highway Administration (FHWA) from 2001 to 2008 – added that establishing “sustainable” sources of funding will be one of AASHTO’s top goals moving forward, picking up on themes established by his predecessor John Horsley.

“We’ve got a number of options on our funding ‘shopping list’ including raising fuel taxes, using carbon-based fees, tolls, and other methods,” Wright explained. “We want to give states the flexibility to use multiple funding approaches; we’re not trying to push any one particular funding solution.” He stressed, however, that the current fuel tax structure “won’t get us to where we need to be” because its ability to generate the necessary funds is “eroding over time.” Wright – the seventh executive director to lead the nearly 100-year-old AASHTO Continued on page 30 29

organization – also noted that transportation strategy on issues such as funding can’t be delegated to the states entirely; indeed, he stressed that federal involvement remains critical, especially when it comes to freight. “Much can be done by the states but some things just can’t,” he said, such as maintaining and expanding a national freight network. “It’s difficult to accomplish that if it’s just left to the states: that’s why we need a cohesive federal presence in transportation still.” Improving highway safety is another arena where the federal government and states need to keep working together. “We’ve made a lot of progress over the last 10 years, but none of us should be happy that an average of 32,000 Americans dies on our roads every year,” Wright pointed out. “So it will still be important to look for aggressive strategies to reduce that death toll.” He noted to Fleet Owner that highway infrastructure can play an important role in reducing traffic fatalities and injuries when it comes to how intersections are designed, for example. “The investment in data systems and analysis by the federal government has also been important to this effort, because there’s no ‘one size fits all’ approach we can take to improve safety,” Wright added. “For


example, that data analysis found that many traffic fatalities occur on less-traveled twolane rural roads; we could not have identified that trend without robust data collection systems.

FTR trucking conditions index remains at normal recovery level FTR’s Trucking Conditions Index for December came in with a reading of 8.38, which the transportation forecasting group says is reflective of the current good environment for truckers. According to Heavy Duty Trucking, by mid-2013 the TCI is expected to rise significantly, caused by market tightness from expected regulatory changes and steady freight growth. The Trucking Conditions Index from FTR Associates is a compilation of factors affecting trucking companies. Any reading above zero indicates a positive environment for truckers. Readings above 10 signal that volumes, prices, and margins are likely to be in a solidly favorable range for trucking companies. “Despite recent commentary from some in the industry, we believe that the fundamentals for growth remain intact and continue to expect a significant event occurring

in July when the Hours-of-Service changes are set to be implemented,” said Jonathan Starks, director of transportation analysis for FTR, commented. “The amount of capacity that will be affected by the rules is enough for us to expect an impact on rates; however, outside of spot rates, we are unlikely to see it show up in the data until the end of 2013. If the economic recovery continues during 2014 we could see a very strong year for rate increases throughout the industry.” —Heavy Duty Trucking

Outgoing DOT Secretary LaHood says U.S. road system ‘One big pothole’ Outgoing Transportation Secretary Ray LaHood lamented the amount of infrastructure spending that was approved by Congress during his tenure at the Department of Transportation (DOT) on Wednesday. “America is one big pothole right now,” LaHood said in an interview on “The Diane Rehm Show” on National Public Radio. “At one time ... we were the leader in infrastructure,” LaHood continued. “We built the interstate system. It’s the best road system in the world, and we’re proud of it. But we’re


falling way behind other countries, because we have not made the investments.” LaHood noted that Congress passed a $105 billion surface transportation bill last year, but he lamented the fact that the measure only provided appropriations for road and transit projects until 2014. “Congress passed a two-year bill. Ordinarily they would pass a five year bill,” he said. “It was only a two-year bill because they couldn’t find enough money to fund a five-year bill.” Speculation on LaHood’s replacement at the DOT has centered on National Transportation Safety Board (NTSB) Chairwoman Deborah Hersman since LaHood announced his retirement. LaHood said Wednesday that whoever ends up replacing him will have to think outside the box to find more transportation funding. Funding for previous transportation bills had traditionally come from the 18.4 centsper-gallon taxes on gasoline purchases that go to the federal government. However, the gas tax now only brings in about $35 billion per year. Lawmakers used a package of fee increases and closing tax loopholes to make the difference between the gas tax revenue and the more than $50 billion that is spent an-


IRS provides guidance on fuel credits The federal tax legislation enacted at the first of this year extended certain expired tax credits for alternative fuels retroactively, back to the beginning of calendar 2012. Those provisions are now due to expire at the end of calendar 2013. The credits are the 50 cent per gallon fuel tax credit for alternative fuels, two credits for biodiesel, and the 30 percent alternative fueling income tax credit. The first has been of interest to many motor carriers, since it includes both natural gas and propane, including propane used in forklifts. The Internal Revenue Service has issued guidance on the extent of these credits and how they may be claimed for both 2012 and 2013. For more information, visit the IRS Web site at nually under the 2012 transportation bill. A House Republican effort to tie transportation funding to increased offshore oil drilling was blocked by Democrats in the Senate.

LaHood said Wednesday that it will not be as easy to come up with a temporary solution when the next transportation bill comes up. “The next decisions that will be made by this Congress, by this administration will have to be bold if we’re going to continue our efforts to fix up our roads, keep our highways in a state of good repair, to fix up unsafe bridges,” he said. “We need a bold plan, and a bold way to fund it.”

IRS revises reclassification program By a notice published December 17, 2012, the federal Internal Revenue Service has made changes to its continuing Voluntary Classification Settlement Program, under which businesses may prospectively reclassify their workers as employees rather than independent contractors for purposes of federal employment taxes, and face only reduced penalties. In summary, the changes broaden the categories of businesses eligible for the program, and eliminate a burdensome term of the closing agreement with IRS required of a business that goes through the VCSP. As before, we do not necessarily recommend Continued on page 32


that any motor carrier or other business take advantage of the VCSP; federal law recognizes properly structured independent contractor arrangements as valid. For more information, visit the IRS Web site at

Numbers from IFTA Clearinghouse For many years, it was unclear just what the scope of the fuel use tax, administered through the International Fuel Tax Agreement might be. As opposed to the tax on the purchase of fuel, the fuel use tax is a mechanism for redistributing tax money that motor carriers have already paid when they bought fuel. How much money was involved in these transfers? No one knew. Now, however, 47 states and most of the Canadian provinces participate in the IFTA Clearinghouse, which a couple of years ago started to manage the transfers of funds, as well as taxpayer information, among jurisdictions. The IFTA repository reports that during 2012, some $400 million passed through the clearinghouse, along with nearly 900,000 demographic records on IFTA licensees, that is, motor carriers. Note that this monetary figure only represents the


amounts that jurisdictions owed to one another, after netting all debits and credits owed by and to their based carriers. It’s not the full amount of revenue dealt with by the IFTA system of reporting as a whole. Still, it conveys some notion of the scope of the fuel use tax, and of IFTA’s importance to states and provinces.

Commercial drivers asked to give input on 34-hour restart changes The American Transportation Research Institute released a second survey to collect data on the impacts that may accrue from changes to the 34-hour restart rule. This survey seeks the input of commercial drivers on potential operational impacts from the changes. Under the new hours-ofservice rules that are scheduled to take effect this summer, changes to the 34-hour restart will include: a requirement that a restart include two periods between 1 a.m.5 a.m.; and a limitation of one restart per 7-day time period. This survey, in addition to the recently completed motor carrier survey, is part of a larger ATRI study quantifying real-world operational impacts on the trucking industry that may result from these revisions.

Commercial drivers are encouraged to provide confidential input on the HOS changes through ATRI’s survey, available online at The aggregated and anonymized results of both surveys as well as ATRI’s full HOS study will be released later this year.

Tax deal keeps bonus depreciation and steep write off on new equipment Lost amid the hoopla surrounding Congress’ last-minute agreement on avoiding the economic “fiscal cliff ” as the new year dawned was a provision in the deal that could help the trucking industry as it moves to replace aging equipment during 2013. Under the legislation, which President Obama has signed, fleets will be able to continue to write off half of the cost of equipment purchases on their 2013 tax bills. The existing tax relief program expired on Dec. 31. Relieved truck dealers said renewal of the tax write-offs — known as bonus depreciation — could help boost lagging truck sales. “We’re optimistic that it’s going to help,” said Dave Thompson, president of TEC Equipment Inc., of Portland, Ore. TEC sells a mix of heavy- and medium-duty trucks.


The old bonus depreciation program had expired Dec. 31, the same day the Senate passed the new bill. The House approved it the next day, Jan. 1. President Obama signed the new tax measure on Jan. 3, which was the same day the 113th Congress was sworn in, officially making Rep. Bill Shuster (R-Pa.) the new chairman of the House Transportation and Infrastructure committee for the session that will end in January 2015. Barbara Boxer (D-Calif.) remains chairwoman of the Senate Environment and Public Works Committee, while Jay Rockefeller (D-W.Va.) will stay at the helm of the Senate Commerce Committee. The legislation, called the American Taxpayer Relief Act of 2012, raises taxes on the wealthiest Americans while keeping tax cuts for most households. It also renewed the $1-a-gallon tax credit for biodiesel producers. “Under this law . . . companies will continue to see tax credits for the research that they do, the investments they make and the clean energy jobs that they create,” President Obama said during a press conference. Thompson said sales held steady the last two quarters at TEC dealerships in California, Nevada, Oregon and Washington but that “not everybody was prepared to buy”


due to the economic uncertainty. “Now they might,” Thompson said. “That depreciation will be a bonus; 100 percent is better, but 50 percent is pretty nice.” TEC sells Volvo and Mack Trucks as well as Hino and Isuzu medium-duty trucks and GMC light-duty commercial trucks. It also has truck rental and leasing businesses, so, under the new tax bill, Thompson can also deduct 50 percent of the purchase price of new trucks he buys for that side of his firm. Normally, depreciation write-offs are stretched over several tax years as a new asset deteriorates with age. However, to help the manufacturing sector recover from the recession, a bonus depreciation program was created in 2010. Under it, in the 2011 tax year, equipment buyers could write off 100 percent of their purchase cost that year. In 2012, the write-off dropped to 50 percent of the purchase cost and the program was to expire at the end of that year. But keeping the 50 percent write-off is expected to help spur truck sales this year because the tax break “takes some of the sting” out of the higher cost of more fuelefficient trucks, said Richard Witcher, chairman of American Truck Dealers and CEO of Minuteman Trucks, a light- and medi-

um-duty truck dealership in Walpole, Mass. “In the last 10 years, we’ve added, without [counting] federal excise tax, as much as $30,000 to the price of a truck for emissions controls,” Witcher said. Witcher also said increased truck sales in 2013 will boost the economy. “With every truck that somebody buys, there’s a job at a factory someplace [and] there’s a job supporting the job at the factory,” Witcher said. At their dealership and service center, bonus depreciation has also allowed Witcher and his brother, Bill, to write off capital investments, such as a $1 million truckpainting facility. For biodiesel producers, continuation of the $1-a-gallon tax credit is a lifeline. The tax credit helps keep the higher cost of biodiesel fuel competitive with regular diesel, backers of the alternative fuel have said. “This is not an abstract issue,” Anne Steckel, vice president of federal affairs at the National Biodiesel Board, said in a statement. “In the coming months, because of this decision, we’ll begin to see real economic impacts with companies expanding production and hiring new employees.” The tax bill makes permanent the inContinued on page 38


Tax Changes for 2013 — Recent tax law changes will affect you and your business for years to come. By Richard Bell


fter a lot of debate, news coverage and confusion, new tax laws have been put in place for 2013 and beyond. In the past several weeks, my firm has received a lot of questions regarding these changes, and how they will affect business owners and individuals. Tax changes are almost never simple to understand. A brief overview of some of the broader points should help you form an idea of the effect of the new changes. The current Federal tax system has four main elements: an income tax on individuals and corporations (consisting of both a regular income tax and alternative minimum tax); payroll taxes on wages or self-employment income to finance social insurance programs; estate, gift, and generation-skipping taxes; and excise taxes on selected goods and services. Let’s look at some of the most recent tax law changes for a broad overview of how it will affect you in future tax years.

Individual income taxes increased To understand what tax rate and income levels you are subject to, you must first understand that not all income is taxed the same. Earned income — wages and salaries, earnings from self-employment, trade or business income, rental income with active participation (think of this as income generally derived from the work you do and not from investments you have made) — is subject to the highest level of tax at 39.6 percent beginning in tax year 2013 for individuals whose income exceeds $400,000 ($450,000 for married taxpayers filing a joint return). The other rates of 10, 15, 25, 28, 33 and 35 percent remain the same as in prior years, with the 35 percent bracket having only a few thousand dollars spread before jumping into the new 39.6 percent bracket. Your accountant can give you the specific income breakdown for each of the rates. So long as your taxable income does not exceed $400,000, you will continue to pay a similar amount of tax as in prior years.

Capital gains & dividends top rate changed Since the Bush-era, the top tax rate on income derived from passive-investment type activities (i.e. publicly traded stock, bonds, derivatives, etc.) was maxed at 15 percent unless you were in the 10-15 percent income tax bracket, in which case it was zero. For tax years beginning in 2013 forward, however, the top tax rate on capital gains, dividends, and interest income is now 20 percent if you fall within the highest income tax bracket (i.e. married taxpayers who file a joint return with taxable income of $400,000 or more). This additional “bump” in rates, will impact more of the affluent retired population. 36

Affordable Heathcare Act (Obamacare) Additionally, there is a new 0.9 percent Medicare tax on earned income above $200,000 ($250,000 for married couples filing jointly). If your paycheck or self employment income is over these thresholds, your employer is required to increase your Medicare withholdings by 0.9 percent. You employer is not required to take into account your spouse’s paycheck, but you may request additional federal withholding be taken out to cover the tax liability that will ultimately be reconciled on your 2013 personal tax return. Any over or under payments will be calculated on Form 1040 and show a balance due, or amount to be refunded, as necessary. Secondly, if you have income of $200,000 or over and are a single filer ($250,000 for a married couple filing jointly) you will be subject to an additional 3.8 percent tax on the lesser of passive investment income or modified adjusted gross income in excess of the threshold. Investment income includes net income from rentals reported on Schedule E, capital gains, as well as any other passive investments that are generating income for you. Depending on the amount and type of income you have, you could fall into the 39.6 percent bracket; have wages in excess of the threshold and owe the additional 0.9 percent surtax; have investment income that has additional tax of 3.8 percent on top of regular rates; and have your capital gains be taxed at 20 percent with an additional 3.8 percent investment income rate tacked onto the capital gains tax. These increases, along with the reinstated phase-outs of itemized deduction and exemptions for high income taxpayers with income over $250,000 for single taxpayers and $300,000 for married filing joint taxpayers, can increase your tax rate by several percentage points. If you are in the higher tax bracket, you should start planning now to avoid surprises when you file your tax return next year. A LABAMA T RUCKER • 1 ST Q UARTER 2013

— and Beyond Payroll taxes The change to payroll taxes is probably the first change the majority of Americans will notice in 2013. The 2 percent payroll cut in the Employee Social Security tax withholding that was enjoyed by most taxpayers during 2011 and 2012 has expired and was not renewed by Congress. Most people immediately noticed this change when their paycheck became smaller seemingly overnight.

Estate taxes The estate of a decedent who dies during 2013 will have a basic exclusion amount of $5,250,000 (which is adjusted for inflation) as opposed to the $5,120,000 exclusion for estates of decedents who died in 2012. Taxpayers who own closely held businesses may plan to pass those businesses off to family members without the burden or debt associated with the estate tax. The top rate for estate and gift taxes has been increased from 35 to 40 percent. During 2012, persons with an estate in excess of $5.12 million were making gifts in anticipation of the expected reduction of the exemption to $2 million for 2013. A new permanent estate exemption of $10 million per husband and wife, adjusted annually for inflation, has removed the uncertainty of planning for an estate tax exemption that was previously a moving target. The concept of portability is another key provision in estate taxation that has been made permanent. Visit with your attorney directly or ask one of our experts at Bell & Company to explain this perk in estate planning. In essence, if your estate is below the $10 million exemption, it is time to update your estate documents because the traditional way of forming trusts based on exemption limits is obsolete. Take my advice—the old “I love you will and trust,” is back in style if you intend to leave your entire estate to your spouse. The American Taxpayer Relief Act of 2012 passed in January contains many provisions that affect taxpayers’ individual, corporate and estate tax planning—too many to fully cover here. From permanent AMT exemption rates, bonus depreciation, increased section 179 expensing limits, teacher expense deductions, to charitable contributions from your IRA instead of required minimum distribution, the bill touches on almost all areas of individual and corporate taxation in some manner. The newly enacted permanence of tax laws will allow individuals to work on three- to five-year budgets and tax planning for their businesses and allow owners to plan for cash flow requirements with a greater sense of certainty. The best advice is to consult with your attorney or accountant and plan early. You should be proactive and start planning for tax day April 2014 in April 2013.

‘The current Federal tax system has four main elements: an income tax on individuals and corporations (consisting of both a regular income tax and alternative minimum tax); payroll taxes on wages or self-employment income to finance social insurance programs; estate, gift, and generation-skipping taxes; and excise taxes on selected goods and services.’

Richard Bell is an expert analyst on accounting strategies specific to the trucking industry. He is president of Bell & Co. Contact him at A LABAMA T RUCKER • 1 ST Q UARTER 2013


Roundup T Ru c k i n g i n d u s T Ry

Continued from page 33

come tax cuts approved during the Bush presidency for households with incomes of less than $450,000. Had Congress not acted, the Bush-era tax cuts would have expired this month for all income levels. At the same time, a series of automatic spending cuts were scheduled to have occurred this month as a result of demands that the federal deficit be reduced. Hence, the term “fiscal cliff ” became a metaphor for what some economists said would be a severe double blow to the economy as both personal and government spending declined. Although Congress and the president were able to forge a deal on the tax issues, they could not agree on spending reductions, so they put off action on deficit reduction for at least two months. —Michele Fuetsch for Transport Topics

IFTA to coordinate enforcement effort For the fourth year, the Law Enforcement Committee of the International Fuel Tax Agreement will be coordinating what it calls the M&M Blitz, a concerted fuel tax enforcement effort taking place in March and May 2013. For a few days early in March, state enforcement officials will be checking trucks for compliance with IFTA’s requirements for licensing and decal display, with vehicle registration requirements, and with state, provincial, and federal law prohibiting the use of dyed diesel fuel on the highway. The blitz will be repeated in May. In 2012, 18 states and provinces participated in this effort, with good success. The participating states and provinces keep track of their results, and IFTA will soon post those for 2012.

Non-CMV drivers speeding violations twice that of truckers in CVSA campaign According to a report by The Trucker, law enforcement officials who pulled over nearly 35,000 commercial and passenger vehicle drivers during the Commercial Vehicle Safety Alliance’s (CVSA) Operation Safe Driver (OSD) 2012 campaign last October found that passenger car drivers continue to speed at alarming rates around commercial vehicles.


The CVSA said non-commercial vehicle drivers were issued speeding warnings and citations at more than twice the rate of commercial vehicle drivers. Data collected during this year’s OSD weeklong event shows the top three reasons warnings and citations were issued to both commercial and non-commercial vehicle drivers were comparable to last year; however, there was a slight shift in the order of the violations. The Trucker report states that this year’s totals continue to indicate that the No. 1 violation for 2012 is speeding, No. 2 was failure to use a safety belt and No. 3 was failure to obey a traffic control device while operating the vehicle. In 2011, failure to obey a traffic control device ranked second; failure to use a safety belt was third. “It’s distressing that the number of passenger car drivers who break the law and put their lives and the lives of others in jeopardy while driving around commercial motor vehicles is still so high. The majority of fatal crashes that involve large trucks and passenger cars are precipitated by the car driver,” said Stephen Keppler, CVSA’s executive director. “One of our goals for Operation Safe Driver is to bring awareness to passenger car drivers that they needlessly put themselves and others in danger by failing to recognize that commercial vehicles and cars differ in their handling characteristics.” Citations and warnings were issued by 2,918 enforcement personnel at 1,245 locations across the U.S. and Canada Oct. 1420. CVSA officials said 29.9 percent of the total 18,355 warnings and citations issued for all violations in 2012 were for speeding. Of the total of 5,494 warnings and citations for speeding for all vehicles, 37.6 percent were issued to commercial vehicles, 62.4 percent were issued to non-CMVs. Commercial vehicle drivers were issued 2,065 warnings and citations for speeding, or 17.6 percent of the total 11,741 violations recorded for commercial vehicles. The speeding warnings and citations for non-CMVs accounted for 51.8 percent of the total 6,614 warnings and citations issued to non-CMVs. In 2011, speeding warnings and citations accounted for 74.7 percent of the total 5,796 violations for non-CMVs compared with 14.8 percent of the total 11,427 violations for commercial vehicles. Speeding warnings and citations account-

ed for 34.9 percent of all violations cited in 2011. Warnings for failure to use a safety belt in 2012 represented 3.6 percent of the total number of warnings commercial drivers and 1.9 percent of passenger car drivers. The violation was cited as the reason for 9.9 percent of citations issued to CMV drivers and 8.3 percent issued to passenger car drivers. These figures represent an increase in the number of recorded citations for both CMV and passenger car drivers over the previous year. The violation increases for safety belt use in CMV drivers are alarming, particularly since the last several years has seen a steady rise in the number of CMV drivers “buckling up,” Keppler said. Of the failure to obey traffic control devices warnings issued, 3.6 percent were to CMV drivers and 1.9 percent to passenger car drivers. This translates to increases of 4 percent for CMVs and 1.5 percent for car drivers, which is relatively unchanged from the 2011 data. In an area unique to commercial vehicles, size and weight warnings and violations accounted for 19.5 percent of all violations in 2012, compared with 26.3 percent in 2011. —The Trucker, visit

FBI reminds truckers, U.S. shippers to be aware of Canadian shipping scam The Federal Motor Carrier Safety Administration (FMCSA) has released new materials to assist motor carriers in identifying and addressing their safety and compliance issues. These materials include the Safety Management Cycle (SMC), an important tool that Agency Safety Investigators use during on-site investigations. The SMC is able to identify safety problems, their root causes, and safety solutions. To help familiarize carriers with how to use the SMC and its six Safety Management Processes, FMCSA developed a factsheet that explains how to use these materials to improve safety practices. FMCSA has also provided a supplemental case study that shows carriers how to use the SMC in the long-term. Additionally, FMCSA is releasing eight SMC job aids which were originally created for enforcement personnel. There is one job aid for each Behavior Analysis and Safety Improvement Category (BASIC). The Vehicle Maintenance BASIC has two SMCs: “Inspection-Repair-Maintenance” and “Cargo-Related.”


“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:____________________________________


FOR OFFICIAL USE ONLY CODE # _________________ Date_____________________


ACT ____________________

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ATU ____________________

DC ____________________

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400 ____________________

MC ____________________

WCSIF __________________

GC ____________________

CONTACT SHEET __________

YR ____________________

WINFAX ________________

Dues Amt ________________

Nxt Bill Date _______________

Mbr Class ________________

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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 20,000,000 and not over 25,000,000 and not over 30,000,000 and not over 35,000,000 and not over 40,000,000 and over

$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. 40


2013 ATA Buyer’s Guide We make every effort to ensure this list is correct. For changes or corrections to your company’s listing, contact Jane Nixon at

Alabama Trucking Assn.’s Buyer’s Guide lists those companies that have taking an active role in supporting Alabama’s 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 Randall-Reilly Business Media & Information (205) 349-2990 BUS SALES & SERVICE Southland International Trucks, Inc. (205) 942-6226 Transportation South, Inc. (205) 663-2287 Ward International Trucks, LLC (251) 433-5616 CHEMICAL PRODUCTS Rushing Enterprises, Inc. (334) 693-3318

EQUIPMENT LEASING Eagle Equipment Leasing LLC (205) 999-5410 H.E.C. Leasing, LLC (615) 471-9300 KLLM/Equipment Solutions LLC (205) 515-1478 Southern Truck & Equipment, Inc. (251) 653-4716 Southland International Trucks, Inc. (205) 942-6226 Star Leasing Co. (205) 763-1280

COMMUNICATIONS/ELECTRONICS Transport Enterprise Leasing LLC (423) 463-3390 J.J. Keller & Assoc., Inc. www.transportenterpriseleasing (920) 722-2848 Truck & Trailer Leasing Corp. (256) 831-6880 PeopleNet (888) 346-3486 EQUIPMENT MANUFACTURING BigBee Steel (256) 383-7322 QUALCOMM, Inc. (770) 271-3654 Eaton Corp./Roadranger Field Marketing Rand McNally (205) 601-8440 (501) 835-1585

Thermo King of B’ham-DothanMobile-Montgomery (205) 591-2424 Thompson/Caterpillar (205) 849-4365 W.W. Williams (205) 252-9025 (334) 279-6083

Brett Rucker AFLAC (423) 503-9628 Caribou Insurance Agency, Inc. (205) 822-7577 Cottingham and Butler (563) 587-5521 Great West Casualty Co. (865) 670-6573 Hudgens Insurance, Inc. (334) 289-2695

Johnson-Locklin & Associates ESTATE AND BUSINESS PLANNING (205) 980-8008 Christian & Small LLP (205) 795-6588 The Kennion Group, Inc. (205) 969-1155 FINANCIAL SERVICES BancorpSouth Equipment Finance Liberty Mutual Group (205) 422-7111 (804) 380-5169 www.libertymutual,com Comdata (615) 376-6824

Liberty National Life Insurance (256) 596-0930

Freight Capital (800) 775-0391

Liberty Truck Insurance (205) 352-2598

GE Capital (770) 960-6307 People’s Capital & Leasing Corp. (205) 856-9354

People’s United Equipment EQUIPMENT PARTS/ACCESSORIES Finance Corp. Ancra International, LLC (205) 664-9374 (334) 306-4372 PNC Financial Services Group EDUCATION & TRAINING Dothan Tarpaulin Products, Inc. (251) 441-7286 J.J. Keller & Assoc., Inc. (800) 844-8277 (920) 722-2848 Renasant Bank FleetPride, Inc. (334) 301-5955 JP Transportation Safety (205) 322-5621 Consulting, LLC (205) 329-8182 ServisFirst Bank (205) 945-8550 FQS Bear Equipment (205) 949-3433 (803) 957-4946 Transportation Safety Services Warren, Averett, Kimbrough & (251) 661-9700 Marino, LLC GFA, Alabama (205) 481-1090 (256) 739-0312 Trucking Partners, LLC (256) 737-8788 Imperial Supplies LLC Wells Fargo Equipment Finance, Inc. (920) 494-7474 (615) 587-9032 USA Driver-s, Inc. (205) 661-0712 Kinedyne Corp. INSURANCE (334) 365-2919 American Claims Service, Inc. (205) 669-1177 ENGINE MANUFACTURERS Cummins Mid-South, LLC Meritor Heavy Vehicle Systems Aon Risk Solutions (901) 488-8033 (334) 798-0080 (501) 374-9300 Thompson/Caterpillar Metro Trailer Repair Co., Inc. Aronov Insurance, Inc. (205) 849-4365 (205) 323-2877 (205) 907-9622 Westport HD div. of Westport Paccar Parts/Kenworth The Baxter Agency Innovations, Inc. (205) 679-7925 (334) 678-6800 (251) 635-7143 XRS Corp. (865) 856-0584

Southern Truck & Equipment, Inc. (251) 653-4716

Benton & Parker Insurance Services (770) 536-8340

BB & T Insurance Services (912) 201-4706

Lyon Fry Cadden Insurance Agency, Inc. (251) 473-4600

MEDICAL/DRUG & ALCOHOL SERVICES Alabama Specialty Clinic (256) 736-1460 Bradley Screening, LLC (334) 272-3539 www.bradleyscreening Brookwood Medical Center (205) 807-4977 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 PETROLEUM PRODUCTS BP Castrol Lubricants (205) 266-4863 Corridor Clean Fuels, LLC (256) 894-0098 Jack Green Oil Co., Inc. (256) 831-1038

Marvin Johnson & Associates, Inc. (812) 372-0841

Kimbro Oil Company (615) 320-7484

McGriff, Siebels & Williams, Inc. (205) 252-9871

Major Oil Company, Inc. (334) 263-9070

Joe Morten & Sons, Inc. (865) 670-6544

Slidell Oil (334) 262-7301

S. S. Nesbitt (205) 262-2620 Palomar Insurance Corp. (334) 270-0105

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 Regions Insurance/Barksdale Bonding (334) 808-9441 Carr, Riggs & Ingram, LLC (334) 271-6678 Reliance Partners, Inc. (877) 668-1704 Katz, Sapper & Miller, LLP (317) 580-2068 Sentry Insurance (800) 610-4888 Attorneys: Albrittons, Clifton & Moody P.C. (334) 222-3177 Trans Con Assurance, LTD (205) 978-7070

Regions Insurance, Inc. (501) 661-4880

Turner & Hamrick L.L.C. (334) 566-7665

Austill, Lewis & Pipkin, P.C. (205) 870-3767

York Risk Services Group (205) 581-9283

Baker, Donelson, Bearman, Caldwell & Berkowitz, P.C. (205) 328-0480

Zurich (800) 553-3055

(as of 02/20/2013) Ball, Ball, Matthews & Novak, P.A. 334-387-7680

Power South Energy Cooperative (334) 427-3207

Carr, Allison, Pugh, Howard, Oliver & Sisson (205) 822-2006

PrePass (931) 520-7170

Christian & Small, LLP (205) 795-6588 DeLashmet & Marchand, P.C. (251) 433-1577 Ferguson, Frost & Dodson, LLP (205) 879-8722 Fisher & Phillips, LLP (404) 231-1400

Lazzari Truck Repair, Inc. (251) 626-5121 Metro Trailer Repair Co., Inc. (205) 323-2877

Riley Sales and Distribution (256) 872-6620

Rowe Management Corp. (205) 486-9235

Securance Group, Inc. (334) 272-1200

Star Leasing Co. (205) 763-1280

Spectrum Environmental Services, Inc. Thompson/Caterpillar (205) 664-2000 (205) 849-4365 Inc. (866) 245-3918 TMW Systems, Inc. (216) 831-6606

W.W. Williams (205) 252-9025 (334) 279-6083

Great Dane Trailers (205) 324-3491

Nextran Truck Corporation (205) 841-4450

Gulf City Body & Trailer Works, Inc. (251) 438-5521

Peterbilt Motors Co. (615) 208-1800

Gulf Coast Truck & Equipment Co. (251) 476-2744

Peterbilt of Montgomery & Birmingham LLC (800) 264-4555

R C Trailer Sales & Service Co., Inc. (205) 680-0924 Southland International Trucks, Inc. (205) 942-6226 Star Leasing Co. (205) 763-1280

TIRE DEALERS & MANUFACTURERS Tennessee Valley Recycling LLC (256) 353-6351 Best-One Tire & Service (615) 785-2834 Transportation and Logistical Services, Inc Transport Trailer Center (205) 226-5500 (334) 299-3573 Bridgestone Commercial Solutions Hand Arendall LLC (770) 317-5777 Utility Trailer Sales of Alabama LLC (251) 432-5511 Transportation Billing Solutions, LLC (334) 794-7345 (205) 788-4000 Butler Industrial Tire Center, Inc. James M. Sizemore, Jr. (334) 376-0178 Transportation Compliance (256) 409-1985 TRUCK DEALERS, Services, USA Columbus Tire Co., Inc. MANUFACTURERS (228) 872-7160 Webster, Henry, Lyons, White, (706) 321-8133 Action Truck Center Bradwell & Black, P.C. (334) 794-8505 (334) 264-9472 Transportation Safety Services GCR Tire Centers (251) 661-9700 (205) 914-6818 Birmingham Freightliner Zieman, Speegle, Jackson & (205) 322-6695 Hoffman LLC Integrated Waste Services, LLC Transportation Support, Inc. (251) 694-1700 (205) 620-5812 (205) 833-6336 Capital Volvo Truck & Trailer McGriff Tire Co. (334) 262-8856 (256) 739-0710 Other Services: TripPak SERVICES & ACS Advertising Trucking Partners, LLC (256) 737-8788 (801) 349-2433 Coffman International Trucks McGriff Treading Co., Inc. (334) 794-4111 (256) 734-4298 Welborn & Associates, Inc. Ahern & Associates LTD (423) 822-1608 (602) 242-1030 Eagle Equipment Leasing LLC Michelin North America (205) 999-5410 (864) 201-6177 Best Drivers Real Estate: Empire Truck Sales, LLC (205) 916-0259 Mary Lou’s Team RE/MAX, Inc. (601) 939-1000 Snider Tire, Inc. (205) 566-5911 (404) 361-0130 Direct Chassislink Fleetco, Inc. (704) 571-5408 Repairs: (615) 256-0600 Ventech USA Big Moe Spring & Alignment of (707) 499-7765 B’ham, Inc. The Earl Dove Co., LLC (205) 780-0290 Four Star Freightliner (334) 793-7117 (334) 263-1085 (Montgomery) Birmingham Frame & Alignment, LLC Wilks Tire & Battery Service, Inc. (256) 878-0211 George L. Edwards & Associates (205) 322-4844 (334) 745-5166 Freightliner Trucks/Daimler Trucks, NA (404) 368-6860 Yokohama Tire Corp. J.J. Keller & Assoc., Inc. Carl Carson Truck Center, Inc. (317) 385-2611 (920) 722-2848 (205) 592-9966 International Truck & Engine Corp./Navistar Jeffers Trucking, Inc. Carrier Transicold South TRAILER DEALERS/ (813) 382-3113 (205) 808-1112 (404) 968-3130 MANUFACTURERS C & C Trailers, Inc. JP Transportation Safety Kenworth of Huntsville, Inc. (334) 897-2202 Consulting, LLC Carroll Truck Repair, Inc. (256) 308-0162 (205) 329-8182 (205) 983-3375 Dorsey Trailer (205) 329-8183 (334) 897-2525 Childersburg Truck Service, Inc. Long Lewis Western Star (256) 378-3101 (205) 428-6241 McLeod Software Empire Truck Sales, LLC (205) 823-5100 (601) 939-1000 Coffman International Trucks Mack Trucks, Inc. (334) 794-4111 (678) 201-4770 Mobile Asphalt Co., LLC Equipment Logistics, Inc. (251) 408-0770 (256) 739-9280 Eufaula Trucking Co., Inc. Neely Coble Co. (334) 687-0391 (256) 350-1630 Fontaine Fifth Wheel NA Motor Carrier Safety Consulting (205) 421-4300 (205) 871-4455 H & M Trailer Repair, Inc. (334) 262-0692 Friedman, Dazzio, Zulanas & Bowling, P.C. (205) 278-7000

Rush Truck Center-Mobile (251) 459-7300 Southland International Trucks, Inc. (205) 942-6226 Taylor & Martin, Inc. (662) 262-4613 Thompson/Caterpillar (205) 849-4365 Truckworx Kenworth - Birmingham (205) 326-6170 Truckworx Kenworth – Dothan (334) 712-4900 Truckworx Kenworth – Montgomery (334) 263-3101 Truckworx Kenworth – Mobile (251) 957-4000 Truckworx Kenworth – Huntsville (256) 308-0162 Volvo Trucks North America (336) 393-2975 Ward International Trucks, LLC (251) 433-5616 TRUCK & EQUIPMENT AUCTIONEERS 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 (800) 562-6210 TravelCenters of America/Petro Shopping Centers (404) 231-4142 VEHICLE LEASING Southland International Trucks, Inc. (205) 942-6226 Ward International Trucks, LLC (251) 433-5616


new membeRs & evenTs

ATA Calendar of Events

New Members (as of 2-27-2013)

ATA’s Nominating Committee Meeting Montgomery, Ala. March 20, 2013

Adventure Tour and Travel, Inc. P. O. Box 1540 Sumiton, AL 35148 (205) 648-2732 Mr. Larry Cummings

Lovett, David Trucking, Corp. 930 Highway 243 S. Haleyville, AL 35565 (205) 302-3109 Mr. David Lovett

Scott's Excavating & Hauling, Inc. 7771 County Road 222 Cullman, AL 35057 (256) 734-9772 Ms. Kim Roberts

Fleet Safety Awards Pelham, Ala. March 25, 2013

American Claims Service, Inc. 864 Fowler Lane Shelby, AL 35143 (205) 669-1177 Mr. Rick Jones

LRLF Logistics, LLC 1689 Glenwood Rd. Luverne, AL 36049 (334) 635-9392 Mr. Dustin Marcharnd

ServisFirst Bank 850 Shades Creek Suite 200 Birmingham, AL 35209 (205) 949-3433 Mr. Nic Balanis

C & K Trucking, Inc. 926 Enon Road Webb, AL 36376 (334) 899-6998 Ms. Amelia Cherry

Peek Pavement Marking, LLC P. O. Box 7337 Columbus, GA 31908 (706) 563-5867 Mr. Chris Lammons

Transport Enterprise Leasing, LLC 400 Birmingham Highway Chattanooga, TN 37419 (205) 515-1478 Mr. Doug Carmchael

Corridor Clean Fuels, LLC 417 Martling Road Albertville, AL 35951 (256) 894-0098 Mr. Dan Johnson

PNC Financial Services Group 63 South Royal Street Suite 100 Mobile, AL 36602 (251) 441-7286 Mr. Todd Henderson

Triple C Transportation, LLC P. O. Box 193 Monroeville, AL 36461 (251) 282-7268 Mr. Chris Stallworth

Dale Rivers Enterprises, LLC P. O. Box 164 Coden, AL 36523 (251) 873-4217 Mr. Dale Rivers

RangeWay Carriers, LLC 120 Bishop Circle Suite 126 Pelham, AL 35124 (205) 623-5722 Mr. Wesley Dunn

Walker Solutions, Inc 2115 Flinn Road Pike Road, AL 36064 (334) 850-6617 Mr. C. B. Edward Walker

KLLM/Equipment Solutions, LLC 134 Riverview Dr Jackson, MS 39218 (205) 515-1478 Mr. Dwayne Bush

Rucker, Brett - AFLAC 2345 Standifer Gap Road Chattanooga, TN 37421 (423) 503-9628 Mr. Brett Rucker

Wiregrass Construction Co., Inc. 1342 Carmichael Way Montgomery, AL 36106 (334) 693-9709 Mr. Joey Armstrong

ATA Annual Convention Destin, Fla. April 18-20, 2013 ATA Board of Director’s Meeting Destin, Fla. April 20, 2013 Alabama Truck Driving Championships Pelham, Ala. June 7, 2013 ATA Board of Director’s Meeting & Officer Installation Montgomery, Ala. June 25, 2013

A Alabama Trucker (AT), the official publication of the Alabama Trucking Association (ATA), is an award-winning trade publication highlighting the Association's activities while documenting the business environment of the day. AT is published quarterly and distributed to more than 2,500 trucking executives, regulatory officials, and political figures. Want to reach decision makers at more than 1,500 Alabama-based trucking firms? Consider this: Advertising in AT reaches the most concentrated readership of trucking professionals in the state. Our rates are affordable, but on top of that, your helping ATA send positive messages about one of the state's largest employers.

Contact Ford Boswell at or 877-277-TRUK (8785) For More Information 44




ADVERTISER PG. NO. PH. NO. WEB ADDRESS ATA WCSIF BC (334) 834-7911 The Baxter Agency 21 (800) 873-8494 Bell & Co. 31 (501) 753-9700 Carrier Transicold South 15 (205) 328-7278 Great Dane IBC (800) 383-0094 Great West Casualty Co. 30 (800) 228-8053 International Trucks IFC (800) 844-4102 Ira Phillips 32 (800) 673-6256 JP Transportation Safety Consulting 18 (205) 329-8183 J.J. Keller 27 (888) 473-4638 ext. 7892 Johnson Locklin 33 (251) 947-3015 Nextran Truck Center 9 (800) 292-8685 Palomar Insurance 26 (800) 489-0105 PrePass 41 (800) 773-7277 Parman Energy 7 Regions Insurance 20 (800) 807-1412 Superior Wash 24 (334) 549-4036 Transport Enterprise Leasing LLC 14 (423) 463-3389 Thompson Cat 3 (205) 849-4288 Truckworx Kenworth 19 (800) 444-6170 Turner & Hamrick 8 (888) 385-0186 WH Thomas Oil Co. 22 (205) 755-2610 W.W. Williams 25 (800) 365-3780 A LABAMA T RUCKER • 1 ST Q UARTER 2013

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