TexasPropane Texas Propane Volume 77 No. 2
February 2021
T H E M AG A Z I N E F O R T H E T E X A S P R O PA N E G A S A S S O C I AT I O N
TRUCKING LITIGATION
PROTECT YOUR COMPANY
Accident Procedures for Commercial Vehicles Why Small Businesses Need a Website
Maintaining the Legacy You’ve Built
You have worked hard to build your business. Pinnacle Propane is committed to preserving your legacy. Have you considered selling your propane business but concerns for your customers and employees are holding you back? At Pinnacle Propane, our values of Customer Service, Integrity, and Safety emphasize providing the best possible experience for our customers and employees. We focus on providing local service to our customers and empowering our employees via competitive pay, a robust benefits package, and advancement opportunities. As you think about next steps, let us work with you to develop a fair purchase plan and a seamless transition so that you can relax and enjoy the results of your efforts.
Bill Webb Senior Vice President Business Development 936-329-1440
Matt Terry Director Business Development 210-560-5418
Call us today for more information and a confidential assessment of your business.
About Pinnacle Propane: Pinnacle Propane is a leading propane distributor in the U.S. and is part of a global group of
LPG companies owned by SHV Energy, the largest dedicated global LPG distributor. Pinnacle Propaneʼs operations include bulk gas storage and delivery, cylinder filling and distribution, and community gas systems. Learn more at www.pinnaclepropane.com.
TexasPropane February 2021
8408 North IH 35 Austin, TX 78753 512-836-8620 or 800-325-7427 512-834-0758 fax E-mail: info@txpropane.com www.txpropane.com
T H E M AG A Z I N E F O R T H E T E X A S P R O PA N E G A S A S S O C I AT I O N
TPGA staff Bill Van Hoy Executive Director bvanhoy@txpropane.com Jackie Mason Education & Marketing Regulatory & Legislative Affairs jmason@txpropane.com Debbie Simpson Executive Assistant Membership Meeting Planner Publication Coordinator dsimpson@txpropane.com Propane Service Corporation
Features A Look at Trucking Litigation & How to Protect Your Company . . 6 How Can Fleets Minimize Risks and Improve Safety?. . . . . . . . 13 Accident Procedures for Commercial Vehicles. . . . . . . . . . . . . . 14
Debbie Simpson 800-392-0023 dsimpson@txpropane.com
Updated Dispensing Propane Safely Training Available. . . . . . 18
Publisher
Have You Checked Out the PSC Website Lately?. . . . . . . . . . . . 19
Kim Scheberle Account Manager/Managing Editor Sail House Publishing 512-346-0892 kscheberle@austin.rr.com Joanne Pantaze Advertising Sales 512-273-2639 jpantaze@zochnet.com Kiki Pantaze Art Director 512-924-7566 kpantaze@pvco.net
12 Reasons Why Small Businesses Need a Website. . . . . . . . . 20 The Pros and Cons of Yelp. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 22
Departments Highlights from Headquarters. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 TPGA Board of Directors. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 Fleet Safety. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 16 ProCOT Corner. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 24 People in Propane. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Inside the Industry. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 26 Classified Advertising . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 28 Calendar of Events . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Index to Advertisers . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 29 Propane with Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 30
Highlights from Headquarters
Tired of Hearing “Have You Been Injured in an Accident?” Bill Van Hoy TPGA Executive Director It is difficult to turn on the TV without seeing dozens of commercials from various personal injury attorneys talking about trucking accident litigation. Texas leads the nation in these types of cases. Our feature this month covers the cold hard facts about this trend and information on how you can minimize your risk. Also note that the TPGA staff are watching for and reviewing potential legislation regarding these types of lawsuits. We are now working with a coalition from the trucking industry
during this legislative session. Members, keep your eyes open for pertinent information regarding this potential legislation and how we can fight it. We have also included a lot of safety information regarding your trucks and drivers. It never hurts to brush up on compliance and safety protocols. When you log onto the PSC (a.k.a TPGA store) website, it will look a little different, so don’t think you are in the wrong place. Staff have been working behind the scenes to make some upgrades to the site. Check out the website at www. propaneservicecorp.com. Staff are also hard at work getting the final touches on the 2021 Crossroads TPGA Propane Expo & Conference.
The event is scheduled for August 12-14, 2021 in Corpus Christi, TX. Watch for information on how you can purchase exhibit space and how to register. Keep your fingers crossed that we will be able to have the event this year.
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2020-2021 TPGA Board of Directors President: Josh McAdams, McAdams Propane, 936-598-7444 President Elect: Allen Wells, Baygas, 281-332-2630 Secretary: Harris Baker, HBH Systems, 512-587-8347 Treasurer/Finance Chair: Jeremy Gentile, Hill Butane, 409-296-2001 District 1 Director: David Collett, Gas and Supply, 903-780-2488 District 1 Alternate: Open District 2 Director: Josh McAdams, McAdams Propane, 936-598-7444 District 2 Alternate: Open District 3 Director: Jeremy Gentile, Hill Butane, 409-296-2001 District 3 Alternate: Open District 4 Director: Danny Meyers, Bellville Butane 979-865-2698 District 4 Alternate: Matt Peterson, Buster Brown Propane, 281-689-3946 District 5 Director: Ryan Tudyk, Howdy Propane Services, 361-771-1900 District 5 Alternate: Open District 6 Director: Omar Garcia, Mr. G Propane, 956-581-1063 District 6 Alternate: Open District 7 Director: Steve Smith, Smith Gas, 830-393-2533 District 7 Alternate: Sharon Seal, Bell Hydrogas, 210-533-7103 District 8 Director: Rodney Sladek, Fayetteville Propane, 979-836-7044 District 8 Alternate: Open District 9 Director: Brad Quisenberry, Gene Harris Petroleum, 888-336-4474 District 9 Alternate: Open District 10 Director: Josh Nowlin, McCraw Propane, 9003-583-7481 District 10 Alternate: Chad Gregg, Enderby Gas, 940-482-3225 District 11 Director: Steve Adams, Hardwick LPG, 254-647-3402 District 11 Alternate: Open District 12 Director: Laci Jo Stone, Schneider Distributing, 800-901-9109 District 12 Alternate: Open District 13 Director: Open
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District 13 Alternate: Open District 14 Director: Terry Perez, Perez Propane, 512-318-9780 District 14 Alternate: Open District 15 Director: Don Heinrich, Slaton Gas, 806-828-6501 District 15 Alternate: Open District 16 Director: Open District 16 Alternate: Open Past President: Mark Peterson, Buster Brown Propane, 281-689-3946 Past President: Jack Walzel, Tri-Co Propane, 254-642-3885 Past President: John Walter, Schneider Distributing, 800-901-9109 Past President: Ben Wood, Northwest Propane, 972-247-6121 Vice President: Jeremy Gentile, Hill Butane, 409-296-2001 Vice President: Matt Terry, SHV-Pinnacle Propane, 210-560-5418 Vice President: Larry Baty, Cadenhead Servis Gas, 800-722-8654 Sr. Vice President: Sr. Vice President: Todd Dorris, Roadrunner Energy, 830-278-2915 Sr. Vice President: Bill Collins, Collins Propane, 972-442-1078 Sr. Vice President: Joe Green, Green’s Blue Flame Gas, 713-462-5414 Assoc. Supplier Service Director: Rusty Walker, Marshall Young Insurance, 817-645-9155 Assoc. Supplier Service Alternate: Steve Johnson, Midstream Transportation, 512-787-3777 Assoc. Producer/Marketing Gas Director: Anna May Etheredge, Bishop Energy, 940-665-4672 Assoc. Producer/Marketing Gas Alternate: Jimmie Grant, Martin Gas Sales, 713-851-6155 Assoc. Manufacturer/Distributor Director: Jim Diehl, Squibb Taylor, 214-357-4591 Assoc. Manufacturer/Distributor Alternate: Joe Ezernack, Meeder Equipment, 903-877-9401 Assoc. At Large Director: J.R. Anderson, Gas Equipment Company, 972-406-3817 Assoc. At Large Alternate: John Becraft, Targa Resources, 817-416-7757 Nominating Chair: Ben Wood, Northwest Propane, 972-247-6121 NPGA Director: Chad Gray, Dixie LP Gas, 254-582-5359
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A Look at Trucking Litigation & How to Protect Your Company You may have tuned it out. The billboards that ask, “Have you been injured in a trucking accident?” The incessant TV and radio commercials that ask the same, and then follow up with how many millions of dollars their clients received after their accidents. Even your Sunday paper is replete with full page ads purchased by personal injury attorneys who specialize in suing trucking companies. 6
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“Crash litigation is big business for plaintiff lawyers in Texas. Motor vehicle litigation is increasing in the state, while other kinds of personal injury litigation is decreasing, according to the Texas Office of Court Administration. Texas has reached the point that a lawsuit is filed in about 1 out of 10 crashes.” - Keep Texas Trucking Coalition
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Feature industry to proliferate, as well as the impact of these large verdicts and mitigation strategies from other industries. The remainder of this article is excerpted from the ATRI Report. You can read the entire report at www.TruckingResearch.org.
Report Findings
But we should all be paying attention. These outreach efforts are a red flashing light indicating a rotten cottage industry that has erupted and is pulling trucking companies under. Any company with a logo on their vehicle is subject to abuse. This includes propane marketers. The “why” of it isn’t much of a secret. Personal auto policies may only offer $30,000 in vehicle liability. Commercial auto policies include much higher limits, in addition to additional coverage from umbrella policies. These perceived deep pockets are attractive to law firms in this arena. Bobby Jenkins, co-president of ABC Home & Commercial Services in the Austin area, shared his concerns with the Keep Texas Trucking Coalition. The coalition was organized by the Texas Trucking Association (TXTA) and Texans for Lawsuit Reform and includes a group of business owners and several organizations including the Texas Propane Gas Association who have banded together to pursue tort reform. “The ABC fleet is made up of about 700 vehicles and we have a range of vehicle types, but by and large, we’re work trucks or vans for our pest control, handymen and plumbers—not big 18 wheelers,” Jenkins said. “We have trucks that pull trailers for our lawn mowing crew. None of them are big trucks, but they are all vehicles with our logo on them. And in today’s environment having a logo on those vehicles is like having a bullseye, a target, on each and every one of those 700 trucks. The market is just out there looking for opportunities to sue commercial vehicles for even the slightest accident.” “It’s the worse it’s ever been in the nearly 40 years I’ve been in business.” In June of last year, the American Transportation Research Institute (TruckingResearch.org) released a paper, “Understanding the Impact of Nuclear Verdicts on the Trucking Industry.” This research provides an in-depth understanding of the history and circumstances that have allowed large verdicts in the trucking
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The history of large verdicts in the trucking industry can be traced back to the first personal injury lawsuit, which took place in 1932. In the landmark case Donoghue v. Stevenson, a dead snail was found in May Donoghue’s drink, making her ill. As a result, she sued the company who bottled the drink for making her sick, thus allowing for product liability legal recourse in the United Kingdom. Before this point, the only legal recourse available to injured consumers was through a breach of contract. A particularly important result of this lawsuit was the establishment of “duty of care,” an enforceable legal standard requiring companies to “act toward others and the public with the watchfulness, attention, caution and prudence that a reasonable person in the circumstances would use.” The standard that Donoghue v. Stevenson created was generally adopted by the U.S. legal system, and still serves as the basis for most personal injury lawsuits, including large verdicts in the trucking industry. In the waning years of the 20th Century, personal injury suits began to rise both in prevalence and monetary value, setting the stage for the large lawsuits seen in the trucking industry now. A watershed moment in the personal injury environment came in 1994, when a jury imposed $2.7 million in punitive damages for selling scalding coffee. While this amount was reduced after appeal and settled for an undisclosed amount, large verdicts captured America’s attention, becoming fodder for late-night television and legal scholars alike. The watershed moment in trucking-related nuclear verdicts came in 2011, many years later. In 2011, $40 million was awarded to victims of a truck crash. In this instance, a truck driver ignored indicators of a stop sign, instead striking a passenger vehicle and killing two passengers and severely injuring another. One victim, a prominent member of the business community, was calculated to have a future lost income of $15 million to $42 million for a business venture that had not begun. The jury deliberated for five hours, and it resulted in a verdict of $40 million, with $28.7 million being attributed to the value of the life of the prominent businessperson for his future business venture. This same time period saw other large verdicts; a 2014 crash near Odessa, Texas led to one of the largest settlements in the history of the trucking industry. A truck driver employed by a for-
Feature hire motor carrier was driving under the posted speed limit in inclement conditions when a car traveling in the opposite direction lost control and veered into the truck’s path. The resulting head-on collision killed one passenger, a 7-year-old, and injured three others, one with traumatic brain injuries. The surviving members of the family sued the motor carrier in Texas and were awarded $90 million in 2018.
Other Unfavorable Conditions
In addition to the excessive advertising that utilizes problematic messaging that “simply being in a truck-involved crash entitles someone to a large sum of money independent of fault or negligence,” the ATRI paper also identified several other unfavorable conditions. Litigation financing is a relatively new business model for upfront financing of certain legal cases with the goal of recovering a profitable percentage of a future verdict award or settlement. A litigation financing investor will cover some or all of litigation research expenses, lawyers’ fees, medical bills, among other expenses. Litigation financing has become one of the fastest growing trends in trucking litigation. State regulations view it somewhere akin to both marketplace investing and gambling. ATRI’s research on litigation financing documents an investment model that is highly speculative and relatively unregulated. Worldwide, litigation financing is estimated to be a $400 billion industry, although it is just in its infancy in the U.S. That said, litigation financing in the U.S. has grown more than 745 percent between 2015 and 2019. Based on regulations and litigation opportunities, the most attractive states for litigation financing are Florida, Texas, New York and California. Another unfavorable condition involves Chameleon Carriers. A chameleon carrier is a trucking company that typically has a marginal safety record and a tenuous financial situation. They often do not comply with government regulations and may have little regard for safe processes. If they are cited or closed down by FMCSA, they quickly change the name and address of the company and restart operations. Government regulatory agencies do not have the resources to identify and pursue the myriad of chameleon carriers, so it is not surprising that the Government Accountability Office found in 2012 that “18 percent of the applicants with chameleon attributes were involved in severe crashes compared with 6 percent of new applicants without chameleon attributes.” Chameleon carriers pose a real threat to the trucking industry’s litigation landscape in two ways:
• First, marginal trucking companies harm the trucking industry’s image both on the road, and in the courtroom. Whether people are looking at unsightly trucks on the road or reading about catastrophic crashes caused by careless truckers, reputable trucking companies will have their image tarnished as well. • When marginal trucking companies are involved in a crash of any type or severity, they are priming the litigation well by providing legal precedents and plaintiff training – not to mention insurance payouts that hit every fleet’s premium. The ATRI Study also highlighted Fraudulent Activity. Multiple defense attorneys identified insurance fraud as a serious and pervasive threat to the trucking industry. There are numerous variations of fraud, primarily defined by the parties engaged in the activity. A major challenge in addressing fraud is it often utilizes sophisticated plans and well-rehearsed teams. In December of 2019, the U.S. Attorney’s office of the Eastern District of Louisiana indicted eight people for intentionally staging a fake crash involving a semi-truck. Five of these people plead guilty to the charges, and one has since died. The eight individuals staged “crashes” with tractortrailers for the purpose of collecting insurance payouts. The Louisiana perpetrators varied the number of passengers, changed the crash locations, and avoided traffic cameras. While this group may have illegally staged at least 40 crashes, the individuals are being tried for two staged crashes that occurred in 2017. Several interviewees referenced medical fraud as being equally problematic. In truck crash litigation, medical fraud can take the form of excessive or exaggerated medical treatments, and/or deliberate misdiagnosis of injuries and harm. An investigation into one truck crash fraud case in Atlanta involving a medical finance investing company revealed that a doctor was billing patients from truck crashes 2.5 to 3.5 times more than the average market rates for the same medical procedures. For example, an injured plaintiff may have suffered a minor concussion, but the doctor treated it as a severe traumatic brain injury. February 2021 •
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Feature have some loose association to the crash or trial. If the crash is tried in the state or county where the plaintiff lives or works, interviewees proposed that there is an increased likelihood that the plaintiff attorney has a pre-existing or historical relationship with judges and potential jurors. The personal dynamics that sometimes exist between the court stakeholders can give rise to ethical concerns and/or bias. Hence, the same interviewees proposed moving cases to federal court if possible.
Additional Factors
Preferential Treatment was also identified by the paper. Preferential treatment refers to the personal, biased, or subjective relationships that sometimes exist between local attorneys, judges, doctors, law enforcement, and any other stakeholders that may
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The ATRI paper mentioned a number of other factors that can influence a large verdict including juror desensitization to large verdict amounts, technology improvements changing the nature of crashes, and the trucking industry’s image. Jurors Being Desensitized to Large Dollar Amounts. Sources for the paper believe that jurors have become desensi-
Feature tized to large verdict awards. This may be occurring as a result of jurors reading about and watching news highlights of large jury verdicts (in trucking and other industries), which in turn creates a new baseline from which they believe awards can be made to the plaintiff. The concurrent trends toward jury desensitization of large awards and plaintiffs seeking large awards puts more pressure on carriers and insurers to be more aggressive when trying to settle. If a case does go to trial, defense attorneys need to educate the jury on realistic and objective injury and litigation costs without being perceived as greedy and un-empathetic. Arguing down the value of the case too aggressively could have an adverse effect on the jury. Technology Improvements. Improvements in automotive safety technologies have altered the severity and type of injuries that people experience when in a crash. Through increased deployment of safety
technologies like automatic braking, lane departure warning, and adaptive cruise control, crashes have become less lethal, and instead may lead to long-term injuries rather than fatalities. Although fewer people may be dying in vehicular crashes,
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Feature many interviewees suggested that injuries are more severe than they previously were leading to higher medical costs. Someone who suffers quadriplegia from a crash will expend approximately $1,065,000 in medical expenses in the first year and approximately $185,000 for each of their subsequent years. In short, as safety technologies continually improve and increase in number, more victims will survive crashes – but potentially with more severe injuries resulting in higher medical costs. Industry Image. Industry image refers to the manner in which the trucking industry is perceived by the public. Interviewees confirmed that if the jury perceives the motor carrier as a “greedy trucking company,” then they are less likely to be sympathetic to the defendant and will be less likely to base their decision on the merits of the case. Several defense attorneys discussed how they emphasize to juries the symbiotic relationship between trucking companies and the public. Specifically, highlighting the critical role truck drivers play by delivering lifesaving medical supplies, groceries, fuel, and clothing. The defense attorneys also emphasized how truck drivers complete extensive safety training and the carrier invests in safety technologies. If the defense attorney does not address the industry’s image or counter any negative industry perceptions by the jurors, then it is more likely that the jury will sympathize with the plaintiff.
Understanding the Impact of Nuclear Verdicts on the Trucking Industry June 2020
Insurance Rates Increasing
While all fleets now pay more, premiums definitively scale based on safety records. One respondent specified that “low risk” motor carriers are experiencing eight to ten percent increases in insurance costs, while new ventures and average-to-marginal carriers are experiencing a 35 percent to 40 percent annual increase – a trend that has occurred for three consecutive years. In terms of fleet size, it appears that size matters. Based on ATRI’s data, small fleets and owner-operators pay out-of-pocket considerably more on a per-unit basis than larger fleets. As noted, insurance companies are more selective in who they insure. As a result, motor carriers have fewer options for purchasing full coverage to protect their balance sheets. Consequently, fleets continue to accrue increased risk (e.g., higher deductibles, less coverage) to mitigate costs. To offset this increased risk and fearing nuclear verdicts, motor carriers have generally increased their focus on safety and hiring practices.
Pre-Crash Actions by Motor Carriers are Critical
Both attorney bars emphasized that crash avoidance is everything and that strictly adhering to safety and operational policies is essential to staying out of court and/or reducing award sizes. Almost any failure to adhere to FMCSRs or company safety policies will be the focus of plaintiff arguments. The most common examples included failure to run proper background checks, failure to conduct or review drug testing, and tolerance of driver violations such as HOS and logbook citations. Solely from a litigation standpoint, motor carriers should consider FMCSRs as minimum standards that can and should be exceeded, rather than assuming FMCSR compliance is adequate. The ability of defense attorneys to document carrier or driver safety activities that exceed FMCSRs carries great weight with juries. The longer-term solution is the creation of national testing
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and compliance standards for trucking, as was noted in the U.S. Supreme court case Riegel v. Medtronic Inc.
Conclusions
Over several decades, the trucking industry has become a leading target for litigation. From the 1932 case that first defined “duty of care” to the present day, lawsuits have expanded at a nearly exponential pace. Some believe the root of the increase stems from the 1977 U.S. Supreme Court case that re-allowed litigation advertising, and there is much merit to that assumption. The median dollar value of trucking litigation awards from 1985 to 1989 was slightly more than $100,000. And in the next five years, the average award increased by 90 percent to $190,000. The existence and impact of nuclear verdicts on the trucking industry is clear and expansive. All entities in the supply chain – far beyond those involved in a crash, are experiencing the negative financial consequences from verdicts and awards that dramatically exceed compensatory costs. Any successful attempts to reign in extreme jury awards will require a comprehensive and multi-faceted program that addresses: both state and federal litigation landscapes, including tort reform; modified approaches to trial preparation and approaches; new safety compliance standards; broader fraud investigations; and expanded strategy and information-sharing among the defense bar. What is being done to address this issue? A Texas trucking coalition has brought together more than 150 Texas companies and associations to advocate for tort reform, starting with the current Texas legislative session. Members stay tuned to the TPGA Monday Morning Messenger and special legislative alerts on trucking tort reform.
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How Can Fleets Minimize Risks and Improve Safety? avoid a nuclear verdict and that starts with a thorough review and assessment of your safety training and practice. ATRI researchers found that “the more safety activities motor carriers engaged in to prevent crashes the lower the likelihood that a nuclear verdict would result,” but they also said most trucking companies “do not allocate enough resources toward safety and crash prevention.” There are ways to minimize the risks, improve the safety of your trucks and drivers, and to protect your operations. Improving safety and avoiding accidents must be the main priority of trucking firms. Also, implementing programs and technology to maintain evidence that your fleet meets or exceeds industry standards and safety practices is a must. There is a combination of factors that need to be considered to do this successfully: how you run your fleet, how you recruit, train and manage your drivers, and truck safety technology.
How You Run Your Fleet
Making safety a part of the corporate culture begins with excellent communication. Repetition of the safety message serves to increase daily awareness. Consequences for violations of the company safety policy must be clearly laid out and enforced. Also, take time to review company safety policies and look at what is working well along with what is not. Be flexible and adjust your safety policies and practices as needed. Compliance with internal policies and procedures is a crucial factor. The FMCSRs provide some guidance on what policies a trucking company needs to have, but the trucking company must create its policies or hire a consultant to create them. Once the policies are in place, the trucking company must distribute and ensure compliance with its policies. Make sure that you are doing
more than the minimum, with respect to safety and compliance. In addition, create and implement a catastrophic action plan so you have some steps in place should anything happen.
How You Recruit, Train & Manage Your Drivers
Make sure that you are adhering to all regulations, whether it relates to hiring, training or qualifying your drivers. Driver recruitment and training are important, both initial and ongoing training and supervision. When recruiting safe drivers, make sure to look at the history of alcohol/drug-related violations, DOT crashes, violations related to speeding, prior driving experience, and background checks. Also, make sure that your system of organizing all records is absolutely perfect. When a new driver is hired, it is necessary to train them on all the information the driver will need to perform the job. Existing drivers should also be trained regularly. All drivers should have access to information on safe driving strategies and techniques, including instruction in defensive and distracted driving. While driver training is not required under the FMCSRs after a driver already has his CDL, many motor carriers have some ongoing training available to or required for drivers. Making sure that training is documented is essential to successfully stave off an attack. Crash prevention is the best way to
How You Integrate Truck Safety Technology
Technology is crucial to the future of trucking – for everyone’s safety. There are a variety of safety technologies that you can invest in and implement. In any crash, a carrier must be able to reliably demonstrate what happened – and where the fault lies. And more importantly, where it doesn’t lie. A high-quality connected camera system is fundamental and should be the bare minimum protecting a truck. An inward-facing camera shows exactly what the driver was doing at any point in time. These systems protect the driver and the carrier and provide powerful, incontrovertible evidence in the event of an accident. Plaintiffs will look not only at the context of the crash and the immediate journey leading to it but also at the history of the driver and the operator. So not only is training, record keeping, compliance, and maintenance of vehicles fundamentally important, but truck technology that captures incidents and alerts fleet managers to potential issues could make all the difference. With nuclear verdicts not going away any time soon, carriers can protect themselves, their drivers – and all road users by following the steps laid out above.
These tips are courtesy of FleetWorthy.com in a November 2020 blog entry. Fleet Worthy Solutions offers transportation management services. February 2021 •
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Accident Procedures for Commercial Vehicles leave the scene of the accident except in extreme emergency situations; if necessary, the driver should write down the accident location and assistance needed, and request that a bystander make the call). • Maintain a professional demeanor, regardless of who was at fault. • Provide his/her name, the company’s name, insurance policy information, and driver’s license to the other party(ies). The driver should not discuss details of the accident with anyone except his/ her employer, police, or the company’s insurance representative. • Complete a preliminary accident report. • Report the accident to the motor carrier. The management of any motor vehicle fleet, irrespective of size or type, hopes that drivers are trained well enough to avoid becoming involved in an accident. However, as there is no way to guarantee that an accident will not occur, proper procedures to follow in the event of an accident should be established and drivers thoroughly trained as to their responsibilities. A driver may be under extreme stress at the accident scene and, since his/her initial actions are often critical to minimizing the effects of the accident, the procedures to follow should be clear and concise. To facilitate this, an information packet containing instructions and forms for use in the event of an accident should be carried in the vehicle. This report provides recommendations for general procedures for drivers to follow after an accident, including conduct at the scene of the accident and completing a preliminary accident report.
Driver Conduct at the Scene of an Accident
The basic steps that the driver should perform at the accident scene are as follows: • Stop immediately and secure the vehicle (shut off the engine and set the brakes). • Protect the area by properly placing hazard warning devices. (see sidebar for more information)
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• Assist any injured person (the driver should never move an injured person unless they are in imminent danger). • Notify the police (the driver should not
What to Include in a Preliminary Accident Report?
An accident report form for gathering
Warning Devices Hazard warning devices are required whenever a commercial motor vehicle is stopped upon the traveled portion of a highway or the shoulder of a highway for any cause other than necessary traffic stops. The Federal Motor Carrier Safety Administration (FMCSA) Regulations (FMCSR) require hazard warning devices to be properly placed as soon as possible, but no later than 10 minutes after stopping Please refer to the following FMCSA Regulations 49 CFR §393.95(f) which describes the devices you need. 49 CFR §392.22 of the FMCSA outlines where to place the hazard warning devices. Use Your Flashers! Don’t forget to use your hazard warning flashers immediately when stopping. Use them while placing hazard warning devices and while picking them up.
Source: Crum & Forster
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person(s), and description of injury.
Regulatory Requirements for Accident Reporting
Other Information
• If there was a witness, the name and address of the witness, and notation of any comments made. • Where police respond, the name, badge number, and department location of the officer taking the report. • After completion, the driver should sign the preliminary accident report.
ACCIDENT REGISTER FROM _______________________, 20____ TO _______________________, 20____ Date & Hour of Accident Hour
Street Address
City
State
No. of Deaths
No. of Non-Fatal H/M Injuries
Driver’s Name
Copy of State or Insurance Report
Sample Accident Register from FMCSA
Date
Location of Accident
This article is courtesy of American Family Insurance, www.amfam.com.
49 CFR §390.15 of the Federal Motor Carrier Safety Regulations requires all carriers involved in an US DOT FMCSA-reportable crash in the past year must retain an Ac-
cident Register or report. A reportable crash is one in which a vehicle was towed from the scene, or an injury or fatality occurred. Records must be kept for three years.
LP Gas Safety Rule also requires “Report of LP-Gas Incident/Accident” §9.36. outlines:
At the earliest practical moment or within two hours following discovery, a licensee owning, operating, or servicing equipment or an installation shall notify AFS by telephone of any event involving LP-gas which: caused a death or any personal injury requiring hospitalization; involved the LP-gas installation on any vehicle propelled by or trans-
porting LPG; could reasonably be judged as significant because of rerouting of traffic,
evacuation of buildings, or media interest; or is required to be reported to any other state or federal agency (such as the Texas Department of Public Safety or the US DOT). Page
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Accident Countermeasures
Accidents as described in LP Gas Safety Rule § 9.36 should be reported to the RailIA1051-2.0, JUN95
road Commission’s 24-hour emergency line at (512) 463-6788 or 844-773-0305.
preliminary information, following an accident, should be in each vehicle. The following items should be included in a preliminary accident report form: Background • Date. • Time. • Location. • Description of accident. The driver should include approximate speed of vehicles, weather and road conditions, and any other pertinent information. • Diagram of accident scene. The driver should sketch the position of vehicles (e.g., direction of travel) on the form.
Other Driver(s) • Name of driver, his/her address, driver’s license number and issuing State. • Vehicle license number and issuing State, vehicle type, and make and year manufactured for any involved vehicle(s). • Name of insurance carrier, address, and policy number of involved vehicle(s). • Description of damage to vehicle. Damage to Property of Others • Name and address of property owner. • Description of damage to property. Injured Person(s) • Name and address of the injured February 2021 •
Texas Propane
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Fleet Safety
Railroad Crossings Safety & Compliance for Your Drivers Safety Don’t Get Sidelined “Approximately every 3 hours a vehicle or a pedestrian collide with a train in the United States. Nearly 50 percent of crashes at public highway-rail intersections occur where active warning devices have been installed and are working properly,” according to Operation Lifesaver, a non-profit rail safety organization. Did you know Texas also leads the nation in rail collisions? “A propane cargo tank transport was driven onto a railroad track where it was hit by a train. The impact ruptured the cargo tank and caused a massive fire and train derailment. The small town nearby had to be evacuated. The incident highlights the importance of safe procedure at rail crossings” states Crum & Forster. 49 CFR §392.10 of the Federal Motor Carrier Regulations require every cargo tank motor vehicle, whether loaded or empty, used for the transportation of any hazardous material as defined in the Hazardous Materials Regulations of the U.S. Department of Transportation to stop at railroad crossings. Those required to stop by order of the FMCSRs must do the following: shall not cross a railroad track or tracks at grade unless he/she first: 1. Stops the commercial motor vehicle within 50 feet of, and not closer than 15 feet to, the tracks. 2. Thereafter listens and looks in each direction along the tracks for an approaching train; and ascertains that no train is approaching. 3. When it is safe to do so, the driver may drive the commercial motor vehicle across the tracks in a gear that permits the commercial motor vehicle to complete the crossing without a change of gears. 4. The driver must not shift gears while crossing the tracks. Every commercial motor vehicle other than those listed in 49 CFR §392.10 shall, upon approaching a railroad grade crossing, be driven at a rate of speed which will permit said commercial motor vehicle to
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for not less than 1 year during any 3-year period for separate incidents. As a commercial driver, you violate federal regulations when:
be stopped before reaching the nearest rail of such crossing and shall not be driven upon or over such crossing until due caution has been taken to ascertain that the course is clear. Commercial Motor Vehicle Disqualifications for Railroad Crossing Violations
Penalties 1. First violation—Driver disqualified for not less than 60 days. 2. Second violation—Driver disqualified for not less than 120 days during any 3-year period for separate incidents. 3. Third violation—Driver disqualified
You are driving a commercial vehicle that is always required to stop [such as hazmat], but you fail to stop before driving onto the crossing. You are driving a commercial vehicle that is NOT required to always stop, but you fail to slow down and check that tracks are clear of an approaching train. You are driving a commercial vehicle that is NOT required to always stop, but you fail to stop before reaching the crossing if the tracks are not clear. You fail to have sufficient space to drive completely through the crossing without stopping. You fail to obey a traffic control device or the directions of an enforcement official at the crossing. You fail to negotiate a crossing because of insufficient undercarriage clearance. Article inspired by Crum & Forster safety information.
Facts & Tips from Operation LifeSaver Trucking Video • Trains = 12 million pounds coming your way • Illusion: trains are moving slowly. • It takes a mile or more to stop a train = 18 football fields. • 15 – 50 Rule tells you where to stop. • Watch for advance warnings, pavement markings, crossbuck. • Know the length of your trailer and cab. Add 15 feet when estimating length. • Don’t get caught on a high profile/hump crossing. Know your under clearance: between the bottom of truck and rail. • Also, please note trains overhang the tracks by at least 3 feet on both sides. • In bad weather, the wind can mask the sounds of train horns. • Take extra care to look and listen for trains in a storm. • If you’re stuck on the tracks. GET OUT of your vehicle. Use the phone # from the Emergency Notification sign at the railroad crossing to call to alert the railroad. If you don’t have the number, call local police or 911.
Texas Propane • www.txpropane.com
CALLIE STEWART Marketing Representative o / 713.381.4586 m / 832.264.4775 CBStewart@eprod.com
www.enterpriseproducts.com
FEATURING SPECIALIZED PROGRAMS FOR LP GAS DEALERS
• Worker’s Compensation • General Liability • Business Auto Insurance • Property • Commercial Umbrella
Building and Maintaining Confidence in the Insurance Industry since 1949
Member
Contact John S. Porter, CIC Mark D. VanDover, CIC Miles T. McFann Rhonda Wood
1305 South First Street • Lufkin, Texas (936) 634-3326 • 1-800-223-1289 Emails: john.porter@lumbermen.net • mark.vandover@lumbermen.net mmcfann@austin.rr.com • rhonda-wood@lumbermen.net • www.lumbermen.net February 2021 •
Texas Propane
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PERC News
Updated Dispensing Propane Safely Training Available video content and a whole new curriculum detailing how to safely dispense propane into several types of cylinders and tanks including those found at retail locations, bulk plants and forklift operations. The course is broken up into modules, so employees can take the full course or individual modules if there is a particular area they need to hone in on.
One of the industry’s most popular safety training courses has been refreshed and added to the Propane Education & Research Council (PERC)’s Online Learning Center. Dispensing Propane Safely features new
• Module 1. Introduction to Propane • Module 2. Dispensing Propane Equipment • Module 3. Uncontrolled Release of Propane • Module 4. Cylinder Components. • Module 5. Pre-Fill Steps • Module 6. Filling Cylinders by Volume, Filling Cylinders by Weight, and Filling Cylinders by Weight & Volume • Module 7. Post Filling Steps • Module 8. Transporting DOT Cylinders • Module 9. Purging New Cylinders PERC has separate course dedicated to dispensing propane safely in motorhome
propane tanks and other ASME mounted tanks. There are four modules in that course covering an introduction to propane, dispensing station equipment, what to do during an uncontrolled release of propane, and refueling motorhomes and filling ASME mounted tanks. To take either of the online courses or any of the modules, go to the website https://training.propane.com. Register! it’s free to take courses online. Each employee will have their own login. Courses and modules completed will be appear on a downloadable transcript. A USB of the training is also available to purchase from the PERC resource catalog. The USB product includes: a modularized training video, a PDF training manual that includes detailed dispensing instructions, quizzes, answer keys, and an employee completion certificate. Additionally, it includes a resources section is also available on the USB and includes additional videos on Composite Cylinders and Retail Cylinder Exchange Operations.
The Big Game Approaches You can score a touchdown with Propane Service Corporation Visit the one-stop-shop for your Compliance, safety and Promotional materials www.propaneservicecorp.com 800-392-0023
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Texas Propane • www.txpropane.com
PSC News
Have You Checked Out the PSC Website Lately?
PSC’s website makes shopping for compliance and safety materials so stress-free! Items are categorized so they are easy to find. We are constantly updating our site and adding new products, so you should visit the site often. PSC offers members discounts that really add up on the items that you need to run your business smoothly and cost-effectively. Just remember to login before adding items to your cart. The goals of PSC are to bring to the propane marketer relevant compliance and safety items, the best customer service possible and the best rates available for all their propane business item needs. In these changing times the need to be in compliance with updated codes is a necessity. PSC strives to be ready for any immediate need that may arise. PSC is still one of the lowest priced suppliers of propane decals and compliance items in the state of Texas. We make every attempt to process your order the same day, except for custom orders, when items are ordered by 1:00 pm CST. Custom orders tend to take about two weeks or so depending on quantity and item(s) ordered. If you are looking for something on the PSC website and do not find it, email us or just pick up the phone and call. Luckily,
PSC has made many great business contacts in every facet of the propane industry, so finding exactly what marketers are looking for will not be difficult. PSC will also pass any savings on to the marketer, simply because PSC is here to be of service to them. The majority of requests for promotional items involve placing a logo on magnets, pens, hats, or whatever comes to
mind. All that is required is a call to PSC and a simple question: “Are you able to put my company logo on (insert item)?” PSC will find what you are looking for and do it to your specifications and satisfaction. PSC also is famous for its calendars. Go to www.propaneservicecorp.com to place your order. If you have questions, email us at sales@propaneservicecorp. com or call us at 800-392-0023. February 2021 •
Texas Propane
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Business Beat
12 Reasons Why Small Businesses Need a Website By Brett Farmiloe In the last few years, there has been an active push for consumers to “shop local” and support small businesses, and that is largely made possible through the internet. Being able to have an online storefront and market to customers outside of your geographic area is a huge opportunity for many entrepreneurs to grow their businesses. For all of these reasons, it is important that every small business have a website. Having a strong online presence can truly be a make or break for any business. We’ve asked 12 small business leaders how important having a website is to them and what opportunities it has created for their organizations. Keep reading to learn how a website can take your business to the next level! Following are thoughts from business owners on what a website means to them: It’s the Welcome Mat
The website is the gateway, door, and welcome mat of a business. It should educate the consumer as well as elicit emotion. It is the very first impression that will be made on the consumer and can determine with certainty whether or not the consumer will continue engagement. -Michael Herion, Carrot Eye Center It Shows You Actually Exists
A small business needs a website to drive business in today’s digital world. Without a website, you give up much, if not most, of your potential business because consumers will not be able to learn anything about you or your business’s offerings. If not for anything else, a website will show your audience that you really do exist. -Court Will, Will & Will
for suspicion and you will not be able to convert as many sales as you would if you have a more stable digital presence. Customers will seek you out online and having a website is one of the criteria for determining trustworthiness. -Liz Riggleman, Arrowlift It Allows You to Compete
products or use their services. When potential customers are searching for a product or service, you want your website available for them to click on. You want them to see a clean functional website that makes you feel like your business is the right choice for them. A website represents your brand in the digital space and without it, it would be difficult to have a strong online brand presence. -Rex Murphy, Montauk Services People Need to Find You on Google
In today’s digital world, people turn to Google to find practically anything and everything. From answers to questions to products and services near them. Search engines play an important role in the online success of businesses. Without a website, potential customers will be unable to find you in their searches. Creating a central location to store your address, your phone number, a contact form, a products/ service list, prices, etc. will open the door for people to find your business online. -Kayla Centeno, Markitors
It Shows Potential Clients If Your Business Is the Right Fit
Increase in Business Credibility
A small business needs to have a platform that accurately represents who they are and why people should buy their
Having a website increases your business credibility. In our digital age, not having a website for your business is grounds
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Texas Propane • www.txpropane.com
Every business should have a website for the same reason you plant a seed. Getting a website is the first step toward putting your business in an environment where it can thrive. It allows you to promote your product, build credibility, distinguish yourself, and quite frankly - compete. If you’re not on the internet these days, you’re not being competitive and you will miss out on opportunities, even from loyal customers. If your customers can’t find you, they will find someone else. -Sydney Stern Miller, Tech Talent South It Expands Your Physical Location
Websites are one of the best investments in serendipity you can make. Here’s what I mean: when you operate from a single location, your presence tends to be restricted to where you are. With a website, you might reach people in other countries or on the other side of the world. Some of these people may become customers, investors, or suppliers; and they never would have found you if you didn’t have a website. -Tasia Duske, Museum Hack It Is a Reflection of the Service You Will Provide
A small business should utilize a website in order to effectively reach its client base and be able to react and communicate timely and effectively to its current and prospective clients. Moreover, today’s consumers utilize websites not only to identify businesses with which to conduct a transaction but also to gauge the trust-
worthiness or ‘fitness’ of that small business. An inadequate or ‘out of date’ website may convey laziness or inattention to detail to today’s consumer - traits that are extremely unattractive and lead the prospective client to ‘swipe left’. -Robert Rutila, Blythe Grace It’s Your Digital Brochure
At its basic core, a website replaces a brochure. It is informational in nature, offering people insights into who you are, why you are different, and what you provide or sell. At its best, a website can build community, connection, and loyalty when content is kept fresh and engaging. With the majority of people searching via mobile devices, websites must be mobile optimized. -Lorraine Bossé-Smith, Leadership Development Coach
may be considered out of date or not “with it” by those who have grown up on the internet. -Colleen McManus, Senior Consultant
who shows up whenever someone nearby searches for how to unclog a drain. -Elliot Brown, OnPay It’s Crucial During a Pandemic
During the pandemic, it may be the only way that potential customers will find you. Beyond that, customers love the convenience of shopping from home. Businesses without a web presence will miss out on these customers. They also
Brett Farmiloe is the Founder & CEO of Markitors, a digital marketing company that connects small businesses to customers through organic search. He enjoys converting insights from small business owners into high-quality articles for brands.
RURAL COMPUTER CONSULTANTS
AT YOUR SERVICE
Your Own Domain Name Increases Credibility
Having a website gives your small business legitimacy. When someone is searching for your product or service online, you want to appear in those search results. Additionally, having your own domain name (company.com) gives your email address additional legitimacy — if you’re sending an email from a personal email, potential customers may not take you as seriously. Additionally, every small business needs a website and social media as well. I advise the entrepreneurs I work with to focus on their “core 4” social media channels: LinkedIn, Facebook, Twitter, and Instagram. Once you have launched your website, you can cross-promote it by sharing it on social media as well. -Lauren Patrick, Curricula It’s Free Advertising
Having a professional website will mean that people who are looking for you can find you and get the information they need. But if you optimize your website well, it can also mean you’ll show up in search results for people who didn’t even know they were looking for you. Create pages that talk about the services you offer and where you offer them. Or publish pages that describe your products or explain how to solve problems you commonly solve. You can go from being an invisible plumber in Cleveland, for example, to a plumber in Cleveland
OR
ONE CALL DOES IT ALL! We develop, maintain, and provide customer support for all of our modules—from accounting to inventory to dispatching. What does this mean for you? With one call, our service team can help you with any module, widget, or issue; no passing around to third party vendors.
KEEP IT SIMPLE. Choose Rural Computer Consultants to get both fuel software and reliable service under one roof.
Call us today at 800-722-6659 or visit www.rccbi.com February 2021 •
Texas Propane
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Marketing Minute
The Pros and Cons of Yelp By Ed Klopfenstein
competition. For business owners, however, Yelp is going down the road of treating small businesses as their cash cow. And for that, we stay away. In fact, that’s what I told that desperate young woman when she called.
Yelp is one of the many companies that spam call us each week. You can tell they’re spam callers when the call starts with a series of computer clicks or when you hear the background chatter from a dozen other call agents. Those are my queue to hang up. However, this one call from Yelp was different. There was no background chatter. No early click. Instead, there was the sound of this almost desperate young woman who pleaded for me to stay on the phone. “Please don’t hang up. I really want to talk to you about Yelp.” She said she was my account rep, and that I’ve been singled out to advertise on Yelp. I don’t have an account and doubt I won some Yelp lottery; however, I stayed on the line as listened to her desperate talk about how positive Yelp is for business. And I have to agree. There are definitely some positives to working with Yelp. The Pros of Yelp
Yelp started in 2004 as a scrappy business listing and has worked hard to establish a firm niche in that category. It’s not going away. Buyers Trust Yelp And that longevity has created public trust. That’s a huge positive. In 2019, the website averaged around 150 million views a month, with the average viewer seeing around 4 pages per session. Much of the traffic that refers back to Yelp is from Google or Bing search engines. This is the most coveted traffic as
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it’s real, organic traffic. Only 0.05% of Yelp traffic is from Yelp’s own advertising. Yelp is Local Those are excellent numbers, but what makes Yelp even better is that it’s local. And that’s baked into how they do business. From Yelp’s reviews to their business profiles, Yelp focuses on small business information and local search. And we know that since, according to a Washington Post article, over 96% of the company’s revenue comes from local companies paying for ads. Yelp lives and breathes local advertising and thus does a wonderful job ranking high on Google for local companies. Yelp is Mobile Yelp users posted over 177 million reviews in 2018. That’s an increase of nearly 30 million from the previous year. While the full 2019 numbers aren’t available yet in January 2020, Q3 of 2019 shows 199 million reviews, or a 17% increase in just 12 months. Much of those reviews are fed by their mobile users. Currently, about 40% of their traffic is fed via their mobile app. It’s an Editor’s Choice on the Google Play store and the number #3 app in the Apple Store. Yelp has the audience, it has the technology and it’s local. They’ve got a lot going for it. The Cons of Yelp So, we can all agree that Yelp is a great environment for users. Hands down. No
Texas Propane • www.txpropane.com
The Yelp Phone Spam Whether your company advertises on Yelp or it doesn’t, Yelp has chosen that phone spam is the way to go. Our customers (and us) receive weekly phone calls from Yelp. We pick up. We see “Yelp” in the caller ID line. We hang up. They call again. So, if you advertise, as one of my clients did, they should stop calling, right? Wrong. They keep calling, trying to upgrade you to a higher service, trying to talk you into additional premiums or trying to extend your service contract. I’ve tried to interest some of our restaurant customers in Yelp, and the most common reply is “Oh, you mean that company that calls me .. all … the … time?” They have obviously adopted the Chet Holmes school of sales: never stop calling; never give up. Maybe they should at least ease up with their paying customers. Yelp is Expensive If you choose to advertise, Yelp charges on a cost-per-click model for ads, just like Google Ads. They also have a similar click costs: from $.30 a click for low interest things like sushi in Texas to $40 a click for legal in Manhattan. However, if you’re going to pay Google rates, does Yelp bring back a Google level of traffic? And the answer is no. Yelp is its own universe, and most users stay on Yelp when they go to Yelp. Between buying meals and tickets to looking at reviews and even the menu, Yelp doesn’t create many opportunities to send their users back to a company’s website. That said, you can get extra service from Yelp if you pay for an expanded Yelp business page which STARTS at $300 a month. Yes, $300 a month.
That blocks traffic and lets you setup other aspects of your business profile. For some small businesses, that’s their entire ad budget. And for some, yes, it’s worth it because Yelp is rather good for advertising food or restaurants. For others, it’s not because you’ll have a hard time spending $300 on a service that doesn’t return $300 in profit. Yelp’s Value is Vague So, why advertise on Yelp? To use, the value for any advertisement is how many leads come back to your business. It’s not eyeballs that generates revenue. It’s a person’s name and address that you can use to then continue to market. And if getting a user list is the most important metric, that’s a challenge on Yelp. 39 Celsius had a blog that talks about this problem. For their sample account, Yelp reported that over 7,000 leads went back to the business, as shown in their graphic below: But how did they verify that claim? The target company didn’t receive 7,000 actual names and email addresses. And of the 3,622 clicks Yelp said they forwarded to the target site, Yelp won’t tell you who they are (even while they should know because most people on Yelp have a Yelp account). So, unless these “leads” convert to a solid user list, we have to question the longterm value.
card and ask for a Yelp review, which is stupid in the internet age. Why can’t you just provide a link? For restaurants and some service companies, like beauty parlors, it makes sense to invest in Yelp, regardless. Food and local companies are Yelp’s primary demographic, so most restaurants are bound to get solid reviews if they provide good service, regardless if they promote their Yelp profile. For other companies, we just don’t see the value, especially when Yelp makes it
very hard to market your Yelp page from your website. “But, that’s just our algorithm, and I can’t help that. You need to be on Yelp”, the young sales person said before the end of the call. “Sorry, you can’t help your users by hurting your paying customers,” I said, trying to be nice. “You’re just not that important.” This article is reprinted with permission from VisualString.com
To Yelp: We Like You, But…
Much of Yelp’s value rests with the reviews people leave on a company. a dozen solid reviews on Yelp is better than a $1,000 spent on Google. So, when that young lady asked us to advertise, I said I would love to …. if they stopped hiding valid reviews. In late 2018, Yelp changed their review system so if a customer sees your website, clicks on your Yelp page link and then enters a review, those reviews are tagged invalid and become hidden. They won’t be part of your ranking and most customers won’t see them. Why? Yelp doesn’t accept reviews from people who recently visited your website, which means leaving the Yelp logo as a link on your website actually hurts your Yelp ranking. It’s better to give customers a physical
800 309 9733 www.cordellinsurance.com Lance@cordellinsurance.com February 2021 •
Texas Propane
23
ProCOT Corner
LAST CHANCE! Apply Now, Buy Later Propane Vehicle Grant Reserve Funds for up to 18 Months Reservation/Grant Application Deadline is February 26, 2021
There are non-competitive grants in Texas to replace MY 2009 or older gasoline and diesel vehicles with new low emission vehicles from the Texas Commission on Environmental Quality (TCEQ) through their Texas Emission Reduction Plan (TERP) ‘s Texas Natural Gas Vehicle Grant Program. Don’t be fooled by the
name; the program does, in fact, allow for the purchase of propane vehicles. The program has been open since 4th quarter of 2019 and will be ending soon. With the state budget shortfall of $950 million, it is hard to tell if this program will be back in 2022. The program is great because it allows
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Texas Propane • www.txpropane.com
you to apply before you buy. Apply and comply and then buy. The funds are first come, first serve. You have at least 18 months to make to the purchase after you receive notification that you have been approved for the grant. What types vehicles are eligible for this grant?
GVWR of the vehicle must be over 8,501 lbs. so medium duty to heavy duty can apply. The grant is perfect for fleets with service trucks, bobtails, delivery vehicles, box trucks, & school buses. Eligible examples with available platforms include: S2G Freightliner, F-450, F-550, F-650, F-750, F-53 & F-59, E-350, E-450, IC School Bus, Blue Bird school bus, and Microbird. A sales quote will be required to reserve funds and apply. Model year applied for and model year purchased can change as long as emissions are the same or better. Are you in an eligible area?
Vehicle must operate 75% of the time in Texas Clean Transportation Zone. The zone includes the following counties: Aransas, Atascosa, Austin, Bastrop, Bee, Bell, Bexar, Brazoria, Brazos, Burleson, Caldwell,
Calhoun, Chambers, Collin, Colorado, Comal, Dallas, Denton, DeWitt, Duval, El Paso, Ellis, Falls, Fayette, Fort Bend, Freestone, Frio, Galveston, Goliad, Gonzales, Gregg, Grimes, Guadalupe, Hardin, Harris, Harrison, Hays, Henderson, Hill, Hood, Hunt, Jackson, Jefferson, Jim Wells, Johnson, Karnes, Kaufman, La Salle, Lavaca, Lee, Leon, Liberty, Limestone, Live Oak, Madison, Matagorda, Medina, McLennan, McMullen, Milam, Montgomery, Navarro, Nueces, Orange, Parker, Refugio, Robertson, Rockwall, Rusk, San Patricio, Smith, Tarrant, Travis, Upshur, Victoria, Walker, Waller, Washington, Webb, Wharton, Williamson, Wilson, and Wise. How much can I get for my vehicle? Real grant amounts are disclosed below:
$9,563 to replace MY 2006 gasoline delivery vehicle with 1 new propane delivery vehicle $24,383 to replace MY 2004 diesel delivery vehicle with 1 new propane delivery vehicle $43,036 to replace MY 2002 gasoline delivery vehicle with 1 new propane delivery vehicle $85,402 to replace MY 2002 and 2004 diesel delivery vehicle for 2 propane delivery vehicles $130,107 to replace MY range 19922002 gasoline and diesel delivery vehicles for new 3 propane delivery vehicles Key Takeaways
$13 million is left. Funding is first come, first serve. Simply comply and apply. The older the vehicle or bus and higher emitting vehicle or bus you replace, the higher the GVWR, the bigger the payout. Old vehicle or bus you are replacing must run. You will need a mechanic to certify that it is operational. Replacement and destruction of the old vehicle or bus are required only after the grant is approved. The new vehicle or bus must be dedicated (meaning only run-on propane) GVWR range must be like for like. Basically, vehicles you are swapping out must be in the same weight class. The old vehicle or bus you are replacing must be MY 2009 or older. The old vehicle or bus you are replacing must have run on either gasoline or diesel. A new vehicle or bus purchase is not required until the grant is approved by the TCEQ.
There cannot be a lapse in the old vehicle registration for more than 30 days in 2 years/24 months from the date of submission unless lapsed during COVID pandemic (copies of vehicle registration are required).
timates on how much you could receive, and even help to complete the grant paperwork. In 2020, the Propane Council of Texas help secure nearly $1M in grant funding for Texas fleets including the propane industry.
Free Grant Help
Learn more about this program at https:// www.tceq.texas.gov/airquality/terp/tngvgp. html or contact the Propane Council today at info@propanecounciloftexas.org or by phone at (800)325-7427 for help submitting an application.
The Propane Council of Texas, a nonprofit educational and marketing foundation, offers complimentary grant assistance including answering fleet FAQs on the grant, providing grant award es-
MEMBER
Disability Insurance • Farm & Ranch • Employee Benefits • Long Term Care Financial & Estate Planning • Home & Auto • Life Insurance
Is the missing piece worth
THE RISK
Other propane owners have come to our agency to get help with connecting their insurance pieces: 1) Some have grown frustrated with the lack of timely response and personal service from their current agent. 2) Many have discovered a missing piece of coverage after meeting with us.
Jack Walzel
Tri-Co Propane/TPGA President “We recommend Marshall Young Insurance to our business associates who are looking for a family style insurance company for their business needs. Whether by phone, email or in person – our concerns are always met with a prompt & courteous response. They are concerned with our service from the beginning to end.”
3) Most tell us they have no idea what companies insure their industry and are surprised to learn there are multiple options available.
WWW.MARSHALLYOUNG.COM 401 N. Ridgeway Drive, Cleburne TX 76033 | 817-645-9155
February 2021 •
Texas Propane
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Inside the Industry
People in Propane Luther Vance Smiddy, 69, of Sulphur Springs, TX, passed away on January 6, 2021. He was a retired bobtail driver for The Propane Company. Our thoughts and prayers go out to the family at this time. Donations in his honor may be made to the American Lung Association, 55 W Wacker Dr, Suite 1150, Chicago, IL 60601. Karl Wayne Hendrix, 68, of Overton, TX, passed away on January 12, 2021. He grew up in Kilgore and was employed by Marin LP Gas for 28 years before his retirement. He loved driving a truck and his time visiting with friends at his favorite local cafes. Our thoughts and prayers go out to the family at this time. Jean Stoelke Sladek, 78, of Fayetteville, passed away on January 15, 2021. She and Joe owned Fayetteville Propane. The career she was most passionate about was being a stay at home mom, which allowed her to be involved in her four kids’ day to day school activities and community events. In the 1990s she moved to Corpus Christi and was owner of an antique store, the Country Peddler. Jean later moved back to Fayetteville to be with her family. Our thoughts and prayers go out to the family at this time. Memorial contributions in her honor may be made to Gardenia E. Janssen Animal Shelter, 240 Svoboda Ln, La Grange, TX 78945, the Fayetteville Volunteer Fire Department, P.O. Box 65, Fayetteville, TX 78940 or the Fayetteville Booster Club, P.O. Box 129, Fayetteville, TX 78940. William Eugene (Gene) Smith, 83, passed away January 17, 2021 in Sulphur Springs due to COVID. From his early teens, Gene was always interested in the sport of Rodeo. Upon his retirement from steer wrestling, he decided to try his hand as a stock contractor. One of his proudest moments was seeing one of the horses that he bred and raised awarded Saddle Bronc Horse of the World. Gene and his wife bought Talco Propane after moving back to Talco in 1970. He retired from Talco Propane in 2015. Our thoughts and prayers go out to the family at this time. The family requests that memorials in his honor be made to the Rivercrest Education Foundation, Rivercrest High School, c/o Ann Smith, 4126 Hwy 271 S, Bogata, TX 75417 or the Talco Cemetery Association, P.O. Box 473, Talco, TX 75487.
Scholarship Applications Due By February 15, 2021 for National Propane Scholarship
Don’t miss the deadline! If your company is a member of the National Propane Gas Association (NPGA), full-time employees’ children may qualify to apply for the NPGA scholarship. Eligible students must be a high school senior or an undergraduate student, unmarried and under 24 years old with a grade point average of at least 2.6 on a 4.0 scale (or equivalent) to apply. The applicant must also plan to be enrolled full-time for the upcoming school year in an undergraduate degree program at an accredited college or university or enrolled in a certificate or one- or two-
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year degree program at an accredited vocational, technical or trade school, pursuing one of the following propane related fields: commercial truck driver; electrician; Gas Fitter; HVAC technician; pipe fitter; or plumber. Transcripts and completed online applications must be submitted by no later than February 15, 2021. Go to www.npga.org to apply. For questions, please email scholarship@npga.org. Did You Miss the Duty to Warn Deadline? You Can Still Participate. Sign Up Now!
The Propane Council of Texas’ Duty to Warn Safety Mailing Program has reopened for the 1st quarter of 2021 while supplies last. Stop stuffing envelopes and sign up to get important propane safety information to your propane customers through the Council’s mailing service. Our mail house does all the work for you and also as part of this service, the
Texas Propane • www.txpropane.com
Council provides documentation of your mailing in the form of a detailed postage receipt and notarized affidavit. ProCOT covers the propane safety brochure when mailed through our program and the cost of non-profit bulk postage to all of your Texas propane customers through a national PERC grant. Texas Propane Retailers’ Cost • Annual $35 fulfillment fee • 8 cents per address processing fee to imprint your company name on each mailer. Formal registration is required. Mailing list must be uploaded to the form. Register and upload your “Texas” propane customer mailing lists to the form at https:// pct.ginnysprinting.com/. Register Now for the 2021 Virtual Propane Safety & Training Conference
Registration is open for the 2021 Virtual Propane Safety & Training Conference hosted by the Propane Education & Research Council (PERC) to be held February 23-24, 2021. Due to the Covid-19 pandemic, this marks the first time the annual event is not held in person. There is no cost to participate. If you are a propane professional interested in industry-specific educational materials and resources, this conference is for you. Last year, more than 100 propane trainers, safety managers, state and local officials, insurance agents, state association executives, attorneys, and equipment dealers participated in sessions on safety, compliance and training-related topics. The 2021 event features a dozen sessions as well as interactive discussions and recommendations from industry experts. It’s an ideal opportunity to customize learning to fit your training needs. This year’s agenda includes presentations about federal regulatory and NFPA 54 & 58 code updates, online training updates, new and under development PERC training content, understanding and completing on the job training worksheets and more. The virtual conference also includes a session from attorney, John Hansen: Avoiding Litigation, Importance of Training Employee, Documentation, & Mitigating Trainer Liability. View the full agenda and register here: https://www. accelevents.com/e/2021SafetyandTraine rsVirtualConference#agenda.
February 2021 •
Texas Propane
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Classifieds PetroStar Equipment Resources Purchase & Sale Pre-Owned Propane Tanks 5,000 gallons to 90,000 gallons
Garrett Insurance Agency, Inc Formerly, Southern Star Insurance Agency, Inc Cecil Joiner, Risk Manager cecil@garrettinsurance.com 936-756-2222 www.garrettinsurance.com
FOR SALE (2) 30,000 gallon, 250 psi, stubbies (2) 18,000 gallon, 250 psi, skidded, 2008 Contact: Jim Oliver 936-755-6108 petrostar@pdq.net
WOULD YOU LIKE TO ADVERTISE IN TEXAS PROPANE MAGAZINE? For Advertising, contact: Joanne Pantaze at 512-273-2639 or by email at jpantaze@pvco.net
BOBTAILS FOR SALE T exas trucks, no rust, good to excellent condition: • 1998 Peterbilt, 6 speed, 2500 gal, tank, LC Register, Steel deck, Aluminum wheels, 45,386 miles on new motor in 2009 • 2003 Kenworth, 6 speed, 2800 gal. Whiteriver built tank, Neptune meter, steel deck, vapor reel, Guidemaster, Self-load plumbing, 17,248 miles on new motor in 2017. Call or email for Pictures and Pricing @ 512-276-7800 or 1-800-696-3493 or sturner@directpropaneservices.com
REACH OVER 1,000 READERS YOUR AD COULD BE HERE AFFORDABLE CLASSIFIEDS
CHERYL@LONGHORNPROPANE.COM or WENDY@LONGHORNPROPANE.COM, 830-964-2525
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Texas Propane • www.txpropane.com
Calendar FEBRUARY
1- 3 2021 NPGA Winter Virtual Board & Committee Meetings 4-5 2021 PACEshow Kansas City, MO 9-11 Virtual NAHB International Builder’s Show
Index to Advertisers 24 Texas Energy Day Virtual at Texas Capitol 26 TCEQ Propane Medium Duty Vehicle Grant Deadline
MARCH
10 Virtual PERC Council Meeting
4-5 2021 Spring Benchmarking Council Meeting Charlotte, NC
10 Texas Propane Magazine New Ads Due
7- 9 2021 Spring NPGA TS&S Committee Meeting
15 NPGA Scholarship Deadline
10 Texas Propane Magazine New Ads Due
15 Virtual Energy Utility Environment Conference 18-24 Virtual NRECA PowerXchange Annual Meeting 23-24 2021 PERC Safety & Training Virtual Conference
Bergquist 24 BLT Tanks 27 Cordell Insurance 23 Cunningham Gas Products 10 Enterprise Gas Products 17 Ferrellgas 15 Fisk Tank Carrier Inc. Outside Back Cover Gas Equipment Company 11 Lone Star Energy Group 31 Longhorn Propane 28 Lumbermen’s Insurance Agency 17 Marshall Young Insurance 25
APRIL
2 TPGA & PSC office closed for Good Friday
Meeder Equipment Co. 5 Pinnacle Propane Inside Front Cover Propane Service Corporation 18 Rural Computer Consultants 21 White River Distributors 31
February 2021 •
Texas Propane
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Propane With Purpose
ECO Friendly Vending Machines
Propane is in, and hydrofluorocarbons (HFCs) are out. In 2020 Year-End COVID-19 Relief and Appropriations Legislation passed by Congress and signed by President Trump, there are provisions that phase out the use of hydrofluorocarbons, commercial-grade refrigerants that are a potent greenhouse gas (GHG). The National Propane Gas Association (NPGA) supported Congress as they drafted this legislation, highlighting propane as a green alternative to reduce HFCs In vending machines across the country, HFCs are being replaced by more environmentally-friendly coolants. The most viable commercial refrigerant is propane-based, HC R-290. HC R-290’s favorable environmental profile and superior performance make it the best choice for environmentally friendly snack machines. Vending machines using propane as a refrigerant will be coming to breakrooms across the U.S. soon; there is no restriction on the placement of vending machines using environmentally friendly refrigerants.
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Texas Propane • www.txpropane.com
FUEL YOUR PROFITS WITH LOWER WORKERS’ COMP PREMIUMS Endorsed by:
*Dividends are not guaranteed and past dividends are not a guarantee of future dividends. The Texas Department of Insurance must approve all dividend plans
Call your agent to get a quote or call Curtis Heptner, Master Agent H (940) 397-2771 H Curtis@certessentials.com
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800-355-3475