LMTA Open Road Magazine Spring 2019

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Spring 2019

Official Magazine of the Louisiana Motor Transport Association

OUR STORIES

ISSUE 1

Winter Management Summit Truckers Against Trafficking Truck Driving Championships Owner/Operators Briefing Fallen Heroes Tribute Truck



CONTENTS MEET THE LMTA STAFF................................................................................2

CONNECT WITH US

LETTER FROM THE EXECUTIVE DIRECTOR.............................................3 D. Chance McNeely WINTER MANAGEMENT SUMMIT................................................................6 Paving the Way for 2019 LMTA POLITICAL ENDORSEMENTS..........................................................10 Senate District 30, Insurance Commissioner

@TruckinginLA

@TruckinginLA

@truckinginla_

Louisiana Motor Transport Assn.

MAKE THE CALL.........................................................................................12 Truckers Against Trafficking Coalition Build TRUCK DRIVING CHAMPIONSHIPS...........................................................14 79th Annual Safety Awards Banquet OWNER/OPERATORS BRIEFING ...............................................................22 Douglas K. Williams MEMBER SPOTLIGHT..................................................................................24 Dana Sullivan-Myers & Ronald Bruit NEW MEMBERS .........................................................................................25 Quarter 1 REMEMBER OUR FALLEN HEROES...........................................................28 Frisard Companies’ Tribute Truck GOING DIGITAL..........................................................................................30 LMTA Marketing Measures ADVERTISER’S INDEX.................................................................................32

Scan the QR Code to download the LMTA App! Don’t know how to do this? Go to your mobile App store and download “QR Reader for iPhone” to be able to access different web pages placed throughout this issue of Open Road.

2019 ISSUE 1 The Louisiana Motor Transport Association (LMTA) is a Louisiana association of trucking companies, private carrier fleets and businesses which serve or supply the trucking industry. LMTA serves these companies as a government affairs representative before legislative, regulatory and executive branches of government on issues that affect the trucking industry. The association also provides public relations services and serves as a forum for industry meetings and membership relations.

Copyright 2019 Open Road, Louisiana Motor Transport Association. No part of this publication may be reproduced without the consent of the LMTA. Louisiana Motor Transport Association, Inc. 4838 Bennington Avenue • PO Box 80278 • Baton Rouge, LA 70898 Phone: 225-928-5682 • Fax: 225-928-0500 www.lmta.la


MEET THE STAFF D. CHANCE MCNEELY | EXECUTIVE DIRECTOR Chance has worked with the LMTA since January 2018. As executive director, Chance reports to the board of directors and is charged with carrying out the strategic plan to advance the trucking industry in Louisiana. He also serves as the primary advocate to public officials at local, state and federal levels of government. Chance acquired his knowledge of the transportation industry through a decade of experience in government affairs, having served in the U.S. Congress and various state level positions. He served as the transportation and policy advisor to Governor Bobby Jindal and was appointed to the DOTD under Governor John Bel Edwards. Chance and his wife, Ashlee, have been married five years and have two young daughters. He enjoys hunting and fishing and aspires to do both more often.

DARRIN CARLTON | MEMBERSHIP DEVELOPMENT MANAGER Darrin has worked with the LMTA for 4 months, but was a member of almost 10 years with Quality Transport, Inc. Darrin’s job responsibilities include membership recruitment, sponsorship development, and magazine and directory ad sales. His favorite part of working with the LMTA is getting to meet new people and listening to the members to be able to help them in any way he can. Darrin and his wife Melanie of 27 years have three children: Steven, 22, a U.S. Army Intelligence Soldier, Dean, 18 a future SELU Pre-Med student, and Jenna, 5, who thinks she runs the place. Darrin’s hobbies include most outdoor activities, and he is interested in automobiles, trucks, and ATVs. A fun fact about Darrin is that he still has his CDL and enjoys getting behind the wheel of a big truck from time to time!

RACHEL JUSTUS | MEMBER SERVICES ADMINISTRATION Rachel has worked with the LMTA for nearly 2 years. Her favorite parts of the job are managing the database and getting to know members. Rachel and her husband, John, have 3 children: Julia is a junior at the University of Alabama, Natalie is a freshman at Birmingham-Southern College, and Caden is a 6th grader in the Gifted and Talented programs at Woodlawn Middle School. A fun fact about Rachel is that she owned a quilt shop before working with the LMTA and has been a quilter for over 20 years. Rachel owns a professional quilting machine, and has published some of her works. Her other hobbies include reading, traveling and spending time with her kids. She has lived at both ends of I-80: Northern New Jersey and Northern California. She’s also lived in a place with no interstates at all - Thailand.

MARLIE LYNCH | COMMUNICATIONS COORDINATOR Marlie has worked with the LMTA for almost 4 months. She graduated from LSU with a bachelor’s in English on Friday, December 14, and had her first day of work in “the real world” the following Monday. Marlie’s job involves updating the LMTA website and social media accounts, creating graphics and marketing documents for the organization and its events, and designing the Open Road Magazine and Membership Directory. She enjoys being able to be creative and establish communication among members and staff in more ways than there were before. In her free time, she likes to read and spend time at her favorite place - PJ’s Coffee. Sometimes Marlie picks up weekend shifts there as a barista. If you ever have trouble finding her, just follow the smell of coffee and look down, because she’s probably shorter than you.

KELI WILLIAMS | EVENTS CONSULTANT Keli Ourso Williams is the LMTA contracted event planner. She has over 14 years of experience in event management and association management. Keli brings a wealth of knowledge to the position, has been integral in executing the LMTA events and implementing new technology. She attended Northwestern State University in Natchitoches, LA, where she received a degree in Journalism with a concentration in public relations and a minor in business administration. Keli currently resides in Baton Rouge, LA with her husband, Heath, and their two children, Alex and Ally.

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Letter from the EXECUTIVE DIRECTOR DEAR READERS, It has been an excellent first quarter of the year for the LMTA, with a strong focus on the future. We are working hard to deliver an improved member experience that will bring the trucking industry together so we can better our industry’s circumstances in Louisiana. The year began with the first ever Winter Management Summit, where councils and committees came together in efforts to steer the Association’s direction. An important legislative session is underway, which means over the next few weeks I will be at the capitol promoting and defending the trucking industry. For us, this session is focused on insurance rates and the workforce shortage. Stay tuned for email updates throughout the spring and into June when session ends. The LMTA staff has grown in the past year, as you can see on the previous page. Though we are planning many exciting events and ideas for the Association, our main focus is to improve and grow our membership. You will notice on page 25 of this issue our new members since last quarter (Winter 2018). With revamped, easier ways to renew your member status or join as a new member, our membership numbers are growing day by day. The future of LMTA truly is an Open Road. There are so many opportunites ahead and we cannot wait to implement them as a staff. We have a great team of professionals at LMTA.

D. Chance McNeely

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OFFICERS

ANDREW GUINN, SR.

BEN HOGAN

GARY GOBERT

KARY BRYCE

DAVID NEWMAN

JUDY SMART

TODD RUPLE

MIKE KNOTTS

TIM ORDOYNE

DOUG WILLIAMS

Chairman of the Board Port Aggregates, Inc. Lake Charles, LA

President Lake City Trucking Lake Charles, LA

1st Vice President Newman Transport, LLC Pearl River, LA

2nd Vice President Preferred Materials, Inc. Sibley, LA

Vice President at Large Peterbilt of Louisiana Baton Rouge, LA

ATA Vice President Dedicated Transportation, Inc. Lafayette, LA

ATA Vice President - Alternate Preferred Materials, Inc. Sibley, LA

Secretary RoadRunner Towing & Recovery, Inc. Baton Rouge, LA

Treasurer Cobbs. Allen & Hall of Louisiana, Inc. Bossier City, LA

General Counsel Breazeale, Sachse & Wilson, LLP Baton Rouge, LA

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Open Road Spring 2019 5


WINTER

MANAGEMENT SUMMIT

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he Louisiana Motor Transport Association (LMTA) held its first annual Winter Management Summit February 11 - 13. The rebranded event was focused on the internal operations of the Association and delivering the Board’s aggressive strategic plan. The Summit consisted of break-out sessions in which councils and committees made decisions to be implemented within the Association in the year of 2019. Members, guests, staff and leaders of the LMTA arrived at the Horseshoe Casino and Hotel to get started. Guests included CEO Brenda Neville of Iowa Motor Truck Association and CEO Frank Filgo of Alabama Trucking Association, each of whom explained how their association has grown and developed over the years. Secretary Shawn Wilson of DOTD also served as

EVENTS COMMITTEE Mike Beck of McGriff Insurance Services, Events Committee chairman, reported on the committee’s meeting to the board. Members of the committee voted to move future Seafood Gala dates away from May due to conflicts such as graduation ceremonies. The committee received an update from staff on various venue proposals. It was determined that the 2019 Fall Conference will be held at the L’Auberge Casino in Baton Rouge Nov. 12. Next year’s convention will be back at the Pensacola Hilton, and staff will continue to solicit proposals from other venues.

POLICY & LEGISLATIVE COMMITTEE The report for the Policy & Legislative meeting was led by Karl Mears of Razorback Rentals, LLC. This committee discussed its legislative agenda for the 2019 session, which included the creation of Trucking Research and Education Council, an effort to reign in billboards in Louisiana, and two permit bills. The Executive Director also reported on state fuel tax efforts and LMTA’s position that requires DOTD accountability.

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LMTA’s guest speaker during lunch, providing important updates on projects and truck permits. Immediately following, members headed into committee meetings to get specific about LMTA’s future. Tuesday night, a reception was held where local officials and legislators were introduced to members of the LMTA and given the opportunity to address attendees. Wednesday took an early start with an update on LMTA’s political action committee – TransPAC. Notable action was taken during this meeting to rebrand the political action committee as “TruckPAC” moving forward. Shortly after these meetings, break-out sessions took place for each membership division, leading to a board meeting to end the event. Each committee chairman gave a report of what was discussed in their respective meetings the previous day:

MEMBERSHIP COMMITTEE Steve Sievert of Southern Tire Mart, LLC gave an account of the Membership Recruitment & Retention Committee. Polling members regarding a workers comp plan were discussed along with the re-emergence of regional chapters throughout the state. Sievert also urged allied members in his Division meeting to come up with programs to benefit the trucking industry and the LMTA revenue. The board had further discussion on regional chapters and agreed it would help expand the footprint of the LMTA successfully.

SAFETY MANAGEMENT COUNCIL LMTA Membership Development Manager Darrin Carlton led a discussion on the safety management council meeting. Members of this council scheduled a date to get the scales back off the ground, encouraged participation in the Truck Driving Championships, and planned an FMCSA Seminar for Apr. 10 in Baton Rouge. Carlton also mentioned volunteering at the TDC and reminded everyone attending the board meeting about celebrating Truck Driver Appreciation Week in Sept. with prizes for drivers and social media outreach.


PAVING THE WAY FOR THE LMTA

Chairman Andy Guinn commenting on legislative discussion in the TransPAC, now called “TruckPAC,” meeting early Wednesday.

GUEST SPEAKERS

Brenda Neville PRESIDENT & CEO Iowa Motor Truck Association

Frank Filgo PRESIDENT & CEO Alabama Trucking Association

Shawn Wilson SECRETARY DOTD

LMTA membership listening to a panelist discussion led by D. Chance McNeely.

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WINTER

MANAGEMENT SUMMIT

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he Legislative Reception gave local officials and legislators the chance to speak to members of the LMTA about their goals for the Louisiana trucking industry. The event took place in the Riverdome Room of the Horseshoe Casino Hotel during the Winter Management Summit on Tues., Feb. 12. Beverages and a light meal were served. Several state legislators, local officials and candidates attended the event, giving them and LMTA members the opportunity to discuss important issues facing the industry. Several members commented that this was the best north Louisiana legislative reception LMTA has hosted in many years.

Jason Parker: Candidate for Webster Parish Sheriff

Tim Temple: Insurance Commissioner Candidate

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Doug Rimmer: President Bossier Parish Police Jury

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Dodie Horton: State Representative District 9

Jayson Richardson: DeSoto Parish Sheriff


LEGISLATIVE RECEPTION

YOUNG PROFESSIONALS PROGRAM

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uring the Winter Management Summit, Chance McNeey began his efforts to implement a young professionals program for the LMTA. The future of the Louisiana trucking industry will eventually be put into the hands of these young leaders, so it is important to start expanding the knowledge of the younger generation to ensure success to come. The Young Professionals Program can be found at www.lmta.la/Membership/ YoungProfessionals.aspx.m The membership investment is $200 for anyone fresh out of college, and members are welcome up until they decide they are ready to move on. During the Winter Management Summit, a dinner was held to start discussion and planning for this program. Jack McFarland: State Representative District 13

Wayne McMahen: State Representative District 10

Thomas Carmody: State Representative District 6

Scott Martinez: President - North Louisiana Economic Partnership

Edith Carlin: Candidate - State Legislature Livingston Parish

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L M TA

ENDORSEMENTS MIKE REESE FOR SENATE DISTRICT 30

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he Louisiana Motor Transport Association (LMTA) has proudly endorsed long-time board member Michael Reese for Louisiana Senate District 30. The unanimous decision was made at the Association’s Winter Management Summit in Bossier City on February 13. “We are thrilled to support Michael in his race for Senate District 30,” said LMTA Executive Director Chance McNeely. “Michael has long been a champion for his local community, our military, and the trucking industry. He understands the pivotal role that trucking plays in everyone’s daily life.” “It is an honor to be supported by the LMTA, an organization of great people who are dedicated to improving the State of Louisiana,” said Michael Reese. “I’ve been around trucks my entire life and I know how badly the insurance market is hurting our industry. I am eager to get in the State Senate to improve the business conditions of our State.” Reese, of American Moving & Storage, Inc., served as a member of the Board of Directors at LMTA for many years, where he became known for this thoughtful approach to complex policy issues facing the business community atlarge and within the trucking industry. “Our industry is proud to have Mike as one of our own, but his accomplishments span across many areas. We are especially proud of his work as President of Fort Polk Progress. He’s proven that he is right for District 30 and the State of Louisiana in various different ways,” said McNeely. Michael, a Republican, has never held public office. He is running against term-limited Democrat State Representative James Armes. District 30 is an open seat being vacated by term-limited Republican Senator John Smith. Senate District 30 includes Vernon, Beauregard and Calcasieu parishes. To learn more about Michael Reese, visit www.reeseforlouisiana.com.

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LET’S TALK POLITICS TIM TEMPLE FOR INSURANCE COMMISSIONER

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midst a worsening crisis within Louisiana’s commercial-auto insurance market, the Louisiana trucking industry has formally endorsed candidate Tim Temple for Insurance Commissioner. The decision was made during the Louisiana Motor Transport Association’s (LMTA) Winter Management Summit in Bossier City on Feb 13th. There was unanimous agreement that new ideas and a new vision are desperately needed from the Insurance Commission’s top post. “Louisiana trucking companies pay three to five times more than the national average to insure a truck. Our members have seen premiums skyrocket year after year even in cases when there had been no claims,” said LMTA Executive Director Chance McNeely. “Our industry is in a dire position with many small carriers already being pushed out of business. As it stands today, there appears to be no end in sight.” Tim Temple said “I am honored to have the support of the Louisiana trucking industry, which has been failed by past efforts to solve this crisis. I am running for Insurance Commissioner because our state cannot continue down this path. Once in office I will aggressively work to stabilize this market through every means possible.”

The trucking industry has been very aggressive in seeking to improve safety, with steady declines in major accidents over the last 20 years. Moreover, the Louisiana trucking industry is safer than most states, with Louisiana having fewer major accidents involving trucks than the national average. “Safety is the number one priority in trucking, and we have been and continue to make major strides,” said McNeely In addition to investing heavily in safety improvements, the Louisiana trucking industry has long supported efforts to stabilize the commercial auto insurance market – something Temple promises to champion with vigor. “The Louisiana trucking industry has no choice but to think outside the box to try and solve the problems in front of us. We will be supporting candidates this campaign cycle who share that mindset,” said McNeely. A native of DeRidder, LA, Temple has over twenty years of experience in various facets of the insurance industry. He is running against incumbent Insurance Commissioner Jim Donelon. For more information about Temple, visit www.templeforlouisiana.com.

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MAKE THE CALL

TRUCKERS AGAINST TRAFFICKING

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n Mar. 20, 2019, the Louisiana Motor Transport Association partnered with Truckers Against Trafficking (TAT) and Busing on the Lookout (BOTL) to host a coalition build raising awareness of human trafficking among the Louisiana trucking and busing industries. Attendees listened to guest speakers including local law enforcement and a survivor of sex trafficking in a day-long briefing on commercial sexual exploitation at the Baton Rouge Marriott. Welcome and opening remarks came from a representative of the Office of the Attorney General, LMTA Executive Director D. Chance McNeely, and TAT Director Esther Goetsch. Other representatives included BOTL Program Director Annie Sovcik and Oil and Gas Program Manager Ashley Smith. Monica Taylor opened up the event with a special project on Human Trafficking 101 for the Office of the LA Attorney General. “I was pleased to see such a great turnout from industry leaders and law enforcement at the meeting,” said Goetsch. “This demonstrates the energy and passion in Louisiana for combatting human trafficking, and we are grateful for the strong partnerships with the LMTA and the Office of the Attorney General leading the effort. It is our hope the mobile army of professional drivers in Louisiana will grow and more victims will be recovered and traffickers arrested. Beth Jacobs, a sex trafficking survivor and TAT Field Trainer told industry participants her story. At the young age of 16, what seemed like a simple car ride became an act of human trafficking, and Jacobs found herself miles away from home. Her experiences led her to her position as a TAT Field Trainer today, where she educates law enforcement, trucking and busing industries on what to look out for. “You are all potential heroes,” Jacobs said. “Never be afraid to call. It can happen to anyone. So what if you are wrong... What if you are right?” Following Jacobs’ presentation, a law enforcement briefing in relation to the coalition was led by Louisiana State Police, Special Agent Taneka Harris Blacknell of the FBI, Commissioner Juana Lombard of the Louisiana ATC, and Deputy Angela Banta of East Baton Rouge Sheriff’s Office. The panel answered questions and collaborated with participants on new ways to work undercover to prevent trafficking. Following the speakers, Goetsch facilitated a Q&A between industry stakeholders and law enforcement.

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The TAT organization brings this truck to events to allow visitors to read stories of sex trafficking victims and learn more about how they can help the cause.

TAT Director Esther Goetsch welcoming guests before the coalition build.


TAT COALITION BUILD

Darrin Carlton, Ricky Lopez and Richard Elliot listening intently to a TAT speaker.

Max Luna of Agway Solutions attending the TAT Coalition Build.

Lonestar Truck Group’s Stacey Brown and Gary Stroud listening to a TAT Speaker

Membership Development Manager Darrin Carlton viewing the inside of the TAT truck.

THE LMTA WOULD LIKE TO THANK THE FOLLOWING MEMBERS FOR ATTENDING: Stacey Brown - Lonestar Truck Group - Shreveport Richard Elliot - Safeway Transportation LLC Ricky Lopez - AAA Cooper Transportation Max Luna - Agway Solutions, Inc. Brad Nelson - FreedomTrucks of America Todd Ruple - Preferred Materials, Inc. Gary Stroud - Lonestar Truck Group - Shreveport

Beth Jacobs. trafficking survivor and TAT Field Trainer gave a presentation on how to communicate with and potentially save victims of trafficking.

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29th ANNUAL

TRUCK DRIVING CHAMPIONSHIPS An aerial photo of the TDC courses set up in the Blue Bayou parking lot in Baton Rouge.

SMC Chairman Scotty Reynolds

Al LaCombe and Fred Braquet during the TDC on Saturday, Mar. 30

Pre-Trip volunteer Floyd Creed during briefing before the written exam.

Dupre’ Logistics Al LaCombe, SMC Vice Chairman and Hostler Ricky Lopez

SMC crew meeting at the LMTA office to load up equipment.

Pre-Trip Team and LA State Police during the Pre-Trip inspection.

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z

GET YOUR TRUCKS IN A ROW

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he 29th Annual Truck Driving Championships (TDC) and Safety Awards Banquet took place this year in Baton Rouge at Blue Bayou Waterpark and the Renaissance Hotel. Participating trucking companies included AAA Cooper Transportation, C&S Wholesale Grocers, Dupre’ Logistics, Ergon Trucking, Inc., FedEx Express, FedEx Freight, FedEx Ground, Hercules Transport, Inc., Lake City Trucking, Martin Brower, Newman Transport, LLC, Old Dominion Freight Line, Inc., UPS, Walmart Stores, Inc., XPO Logistics, and YRC Worldwide. “I would like to thank everyone involved with helping the LMTA put on this event,” said Safety Management Council (SMC) Chairman Scotty Reynolds of Dupre’ Logistics. “The trucking industry in Louisiana comes together like its own community each year to promote safety among drivers.” The Louisiana trucking industry is in fact its own community. Drivers of all companies and their families walk in and out of tents throughout the day of the competition to say hello, share good Louisiana cooking, and cheer one another on. “It is nice to get all the companies together as one to help each other out,” said SMC Vice Chairman and hostler Ricky Lopez of AAA Cooper Transportation. “The drivers are learning more about what they already know to become even better at what they do.” The classes of competition in the TDC are as follows: • • • • • • • • •

Straight Truck, Three-Axle Van Four-Axle Van Five-Axle Van Five-Axle Flatbed Five-Axle Tank Twin Trailers Sleeper Berth Step Van

This year’s championships involved a total of 104 drivers totaling approximately 130 million miles. That is 1.3 million miles per driver! All drivers, including 23 rookies, participated in written exams, pre-trip inspections, a course walk-through, and finally the course competition. A Safety Banquet is held Saturday night following these tasks to announce winners of varying awards: • • • • • • • • • •

Fleet Safety Awards Weight Enforcement Trooper of the Year LSP Trooper of the Year Driver of the Year Safety Professional of the Year Championships Awards Rookie of the Year Mechanics Awards Team Trophy Grand Champion

Winners of these awards can be found on the following pages. Also honored during the Safety Banquet was Mr. John Johnson, a FedEx employee of 28 and a half years who passed away from cancer in 2018. Chris Panks of FedEx presented a plaque to Mr. Johnson’s wife, son and daughter. Following the banquet, drivers and guests were encouraged to enjoy the slide show of photos from the weekend events created by the Advocate photographer John Ballance, Sandra LaCombe of Dupre’ Logistics. The Louisiana Motor Transport Association puts safety first through improved driver training, investment in advanced safety technologies, and active participation in industry safety initiatives at the local, state and national levels. The total rate of major crashes in Louisiana is better than average compared to the rest of the United States, and the amount of these crashes has dropped 71% since 1975. The Truck Driving Championships provide drivers with the opportunity to not only show the rest of the industry what they know, but to study and learn more about safety before and after getting on the road. Congratulations to this years winners and a special thanks to all who helped put this event together! The LMTA looks forward to another year serving the trucking industry, especially its drivers. All winners will go on to compete in the 2019 ATA National Truck Driving Championships on Aug. 14 -17 in Pittsburgh, PN.

2019 TDC COMMITTEE SCOTTY REYNOLDS

AL LACOMBE

RICKY LOPEZ

BOB TAYLOR

STEVE STAMPER

LMTA STAFF

SMC Chairman Dupre’ Logistics

SMC Vice Chairman & Hostler AAA Cooper Transportation

Course Chairman FedEx Ground

SMC Dupre’ Logistics

Written Examination Regions Insurance

Scoring

JOSE VARGAS Pre-Trip FedEx Freight

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29th ANNUAL

SAFETY AWARDS BANQUET FLEET SAFETY AWARDS

Sponsored by Great West Casualty

WEIGHT ENFORCEMENT TROOPER OF THE YEAR

William Hughes Louisiana State Police

LOUISIANA STATE POLICE TROOPER OF THE YEAR

Louis “Reggie” Smith Not pictured

Most Improved O’NeaL Gas

President’s Trophy TexasTransEastern 1,000,001-3,000,000 Miles

Under 1,000,000 Miles American Moving & Storage

1,000,001-3,000,000 Miles Groendyke Transport

2019 Truck Driving Championships Final Standings

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3-AXLE 1st Place: Eric Courville 2nd Place: Herman Hutto 3rd Place: Donald Drell

FLATBED 1st Place: Joseph Brown 2nd Place: Warren Little 3rd Place: Louis Scaruffi

TANK TRUCK 1st Place: Curtis McMellon 2nd Place: Kyle Mitchell 3rd Place: Peter Boulay

4-AXLE 1st Place: Brain Landry 2nd Place: Glen Winston 3rd Place: Corey Mitchell

SLEEPER BERTH 1st Place: Chad Rudesill 2nd Place: Robert Williams 3rd Place: James Taylor

TWIN TRAILERS 1st Place: Damian Hebert 2nd Place: Dennis Jameson 3rd Place: Joseph Cook

5-AXLE 1st Place: Joseph Vital 2nd Place: Larry Peltier 3rd Place: Thomas Robertson, Sr.

STRAIGHT TRUCK 1st Place: Leroy Williams 2nd Place: David Walker 3rd Place: Jeffery Trim

STEP VAN 1st Place: Donald Williams 2nd Place: Andrea Nixon 3rd Place: Warren Farrell

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CONGRATULATIONS, WINNERS! GRAND CHAMPION Eric Courville | FedEx Freight

Driver of the Year John St. Pierre C&S Wholesale Services

TEAM TROPHY | XPO Logistics

Mechanics Award Chad Rudesill FedEx Ground

Rookie of the Year Herman Hutto Old Dominion Freight Line

Safety Professional of the Year Terry Hunter United Vision Logistics

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LOUISIANA TRUCKING COMMUNITY

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SAVE THE DATE: MAY 18, 2019 at 6:00 pm The Sugar Mill - New Orleans

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oin the LMTA and over 800 Louisiana trucking industry leaders at their premier annual event, presented by Frisard Companies, on May 18 at the Sugar Mill in New Orleans. Expect excellent seafood and more foods native to Louisiana, along with music, dancing and good times. Win up to $5,000 with 50/50 reverse raffle tickets during the event. Tickets can be purchased until May 3. You do not have to be present to win. Hotel reservations are being handled differently than they have been in the past. All reservations must be handled by the individual. To learn more about this event and its registration process, visit www.lmta.la/Events/SeafoodGala.aspx. A link to register for the gala can be found at this landing page. Scanning the QR code will bring you to the aforementioned webpage.

Scan the QR Code to learn more or register for the 2019 Seafood Gala!

Photos by John Ballance Photography

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LEGAL BULLETIN

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n January 28, 2019, the Louisiana Supreme Court heard oral argument on a case (Simmons v. Cornerstone) involving phantom damage issues (the difference between the amount of the medical expense billed versus the amount of the medical bill actually paid). General counsel for the LMTA, Doug Williams, submitted an amicus brief in support of the LMTA’s position, and also participated in the oral argument. The specific issue in the Simmons case dealt with the issue of whether plaintiff could recover the difference between the amount billed, and the amount paid, when the bills had been paid pursuant to the Louisiana Worker’s Compensation Act. An update report will be sent out as soon as the Supreme Court renders a decision.

The attorneys at Breazeale, Sachse & Wilson serve as a key resource to transportation companies throughout Louisiana in matters that are unique to the industry. The BSW transportation team is on call 24/7 to assist clients with their legal needs during a crisis.

Douglas K. Williams is an AV®-rated partner. He practices in the areas of medical malpractice defense, insurance defense, product liability defense and interstate common carrier matters.

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O W N E R / O P E R ATO R S A BRIEFING BY DOUG WILLIAMS Federal Arbitration Act Section 1

Section 1 of the Federal Arbitration Act states that “nothing” in the Act “shall apply” to “contracts of employment of... any...class of workers engaged in foreign or interstate commerce.

Mr. Oliviera filed an action against New Prime in federal court to compel arbitration, and should not be decided by a court.

Supreme Court Questions

Section 2 of the Act provides that the Act applies when an agreement to arbitrate is set forth in a “written provision in any...contract evidencing a transaction involving commerce.”

1. Who decides whether an arbitration clause is enforceable, the court of an arbitrator? And, 2. Does the Federal Arbitration Act exempt independent contractors engaged in interstate commerce from the provisions of the Federal Arbitration Act? 3. Who decides whether the Act is applicable?

The Big Picture

Action Taken

Federal Arbitration Act Section 2

The primary issue in this case questioned whether owner/ operators (independent contractors) are considered “workers engaged in....interstate commerce” thereby exempting them from the Federal Arbitration Act.

The Facts • • •

New Prime was an interstate carrier Mr. Oliviera was a driver who (for the purposes of the Supreme Court’s review) was an independent contractor pursuant to a contract with New Prime The contract between the two contained an arbitration clause.

The Court made fairly short work of this issue. The Court recognized that arbitrators may decide the enforceability of certain provisions of an arbitration agreement, but concluded that “A court should decide for itself whether Section 1’s ‘contracts of employment’ exclusion applies before ordering arbitration.” The Court felt that it had to first determine whether “the contract in question is within the coverage of the Arbitration Act” before it would compel arbitration. The court then moved on to 1682033.1, the central issue of whether written contracts with independent contractors engaged in interstate commerce were exempt from the provsions of the Federal Arbitration Act.

THE IMPACT

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o decide that issue, the Court had to determine whether the term “contracts of employment” included contracts with independent contractors. The Court examined the term “contracts of employment” within the context of its meaning at the time that the Federal Arbitration Act was adopted, in 1925. It found that most legal authority found the term “employment” to be synonymous with “work” and that it was not limited to the concept of a common law employee-employer relationship. The Supreme Court also examined cases from the early 20th Century which found that the phrase “contracts of employment” included agreements involving independent contractors. The Court then noted that the exclusion in Section 1 was written broadly to apply to “any other class of workers engaged in . . . interstate commerce.” The Court then concluded that, “As dominantly understood in 1925, a contract of employment did not

necessarily imply the existence of an employer-employee or master-servant relationship.” Thus, the Court concluded that the exclusion in Section 1, which prevented application of the Federal Arbitration Act to “contracts of employment” involving “workers engaged in . . . interstate commerce,” also applied to independent contractors (owner/operators). For that reason, the Court concluded that (in cases involving contracts with independent contractors engaged in interstate commerce) the Federal Arbitration Act does not require courts to compel arbitration and stay court proceedings pending the completion of arbitration. The ruling does not prevent parties from voluntarily agreeing to arbitrate, but it is a significant departure from the practices that have been in place for decades, and it prevents carriers from compelling arbitration with their owner/operators.

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MEMBER SPOTLIGHT RON BRUIT | Delta Fuel Co., Inc. Transportation Manager - rbruit@deltafuel.com Ron Bruit has served as Transportation Manager for Delta Fuel since October of 2017, but has worked in the trucking industry for 8 years, 6 of these in the oilfield. Though he is relatively new to Delta Fuel, he says that the LMTA has been a godsend, opening his eyes up to parts of the trucking industry that the public does not understand. Originating in Ferriday, LA, Delta Fuel is a multifunctional organization supplying bulk fuel, lubricants and supplies to agriculture, construction, aviation, energy, trucking and manufacturing industries. They provide gas, ethanol gas, diesel, DEF, propane and lubricants. Bruit said if you were to ask owner Clint Vegas to describe the company, he would tell you “We are a service company who just happens to sell petroleum products.” A member of the LMTA for over 10 years, Bruit advised the trucking industry on behalf of Delta Fuel that their companies should plug into the Association as soon as possible. “It is very informative and makes you realize that we would not have the things we use daily without drivers.” Delta Fuel owns approximately 99 trucks and employs 90 drivers, 37 of whom work directly under Bruit. Bruit pointed out that 5 total dispatchers succeed in moving these trucks and this product throughout locations in LA, MS, TX, NM and AR. “There has to be someone that stands behind the drivers,” Bruit said. “Without them Delta Fuel would be nonexistent. The drivers and dispatchers, along with the entire transportation department move the product.”

DANA MYERS | Gulf South Insurance Agency, LLC Chief Operating Officer - d.myers@gsiala.com Dana Myers has served as Chief Operating Officer for Gulf South Insurance Agency, LLC (GSIA) since 2016, and has been involved in the trucking industry since 1991. As COO, Myers is responsible for the day to day leadership and general management of the company. Myers’ experience in working with clients and being involved in LMTA help keep her informed on current trucking industry issues, challenges and success stories. GSIA is an Independent Commercial Insurance Agency located in Baton Rouge, Louisiana and a major competitor in the insurance industry. Myers and her staff specialize in Trucking and Transportation Insurance. “Coming from an extensive trucking and risk management background, I know the value of working with an insurance agent and agency that truly understands the trucking industry,” Myers said. “From the very beginning, our goal was and still is today – to partner with our customers and to learn as much about their business as we know about our own. We know what it is like out there!” After serving nearly 20 years in the trucking industry where she worked as a Corporate Director of Safety and Risk Management, Myers’ career evolved in 2009 to commercial insurance where she obtained her property & casualty insurance license and began her career as a licensed agent and risk management/loss control consultant specializing in trucking insurance. Myers is a certified director of safety and a qualified risk management loss control specialist. As an industry leader, Myers is active in the LMTA, serves as a member on the LMTA Board of Directors, and is a member of the Livingston Parish Republican Women. “It is imperative that we bring value to the table for all truckers,” Myers said. “I know how important it is that LMTA is representing the Trucking Industry in Washington and on both the state and local level. Being an allied member of LMTA keeps us connected and involved with the Trucking Industry.” Myers lives in Watson, Louisiana and has been married to her husband, Ray, for 33 years. Together they have two children, four grandchildren and one on the way. Myers’ daughter Codi is 25 years old and following in her Mom’s footsteps working as a licensed Account Manager at GSIA. “She has been around trucking her entire life and knows the industry almost as well as I do,” Myers said. ”When she was 2 years old I was trying to train her to sleep in her own bed, she would sit outside our bedroom door and say, ‘Mommy your pager is beeping, Mommy come quick a truck rolled over, Mommy your work is on the phone,’ trying to get me to open the door so she could sleep with her dad and I. Working in safety she knew if my pager went off I would have to open that door.”

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ISSUE 1 | 2019


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REMEMBER

O U R FA L L E N H E R O E S

T

here is nothing I can do to fully show the appreciation we have for what they did,” said Cully Frisard, secondgeneration president of Frisard Companies, shortly before unveiling a Freightliner Cascadia designed to honor fallen police officers in 2019. Seven officers were killed in the line of duty before the end of January this year. Frisard decided to commemorate these officers in the best way he knew. On January 30, he brought law enforcement, the community and families of fallen officers together for a first look at the truck that would wear the names of these seven fallen. “In my younger days, I made some really stupid decisions,” Frisard said, standing in front of his family trucking company. “I had no respect for the officers who put their lives on the line to serve me. I look back at the younger me and I wish I could put my hands on his shoulders and shake him a little bit and tell him ‘Son, you are part of the problem.” Today, Frisard has decided the least he can do is recognize officers in his community. This started with honoring two Officers of the Week in August 2018, but he soon realized the extent of respect his neighbors had for law enforcement. After getting 30 nominations in the first week and 50 in the second, Frisard knew he would have to keep up with such an enormous task. He began announcing Officers of the Month in August, and has named at least one officer each month since. Frisard knew that the holiday months would be much more difficult than any months, and chose to honor the three fallen officers from Baton Rouge for November 2017: Deputy Brad Garafola of East Baton Rouge Sheriff’s Office (EBRSO), Officer Matthew Gerald of Baton Rouge Police Department (BRPD), and Corporal Montrell Jackson of BRPD. Through naming these men Officers of the Month, Frisard got the opportunity to meet their families, including Trenisha Jackson, wife of Corporal Montrell Jackson. Trenisha Jackson brought Frisard’s attention to a program called Barran’s Bears, which inspired him to donate teddy bears to BRPD. The bears are used to comfort young children who have lost a loved one, provided by police officers on the scene.

Shortly after this, Frisard heard about a similar program in Mobile, AL called Billa’s Bears. This prompted him to donate these bears to the Houma Police Department. Participating in these programs and getting to know families of fallen officers further influenced Frisard’s deep regard for law enforcement, and he wanted to take things a step further. He had seen the “Thin Blue Line” worn by a few trucks, and began to put together his vision of a Fallen Heroes tribute truck. This vision was brought to life by Brock A. Musmeci, Sign Painter and owner of Brock Sign Arts, the last touches being complete just the day before the unveiling. The Cascadia was brought around the front of the Frisard Companies building by its driver Patrick Lemaire. Lemaire worked in law enforcement for 17 years before he became a truck driver for Frisard’s in 2018. He is proud to be able to hold the keys to truck number 10-7, which translates to “Officer out of commission” on a police radio. Lemaire lost three friends in the line of duty. Musmeci used a ladder to reveal the names of the fallen on the driver’s side of the truck. Each name included their badge, name and end-of-watch date. Frisard left his audience to resonate with these words:

How much do you love your clients? How much do you love your family?

protect your co-workers if it meant death for you? Would you die protecting a client you’ve never met?

“Would you walk away from your family each day

knowing dying for your job is expected of you? For a police officer, that’s just a regular day at work. If you can’t say you would, be grateful for those who will.”

Provo Police: MPO Joseph Shinners - E.O.W. 01/05/2019 Ohio Police Department: Ofc. James Woods - E.O.W. 01/07/2019 Arizona Salt River Police: Ofc. Clayton Townsend - E.O.W. 01/08/2019 City of Davis Police: Ofc. Natalie B. Corona - E.O.W. 01/10/2019 Illinois State Police: Trp. Christopher Lambert - E.O.W. 01/12/2019 Birmingham Ala. Police: Sgt. Wytasha Carter - E.O.W. 01/13/2019 Mobile Police: Ofc. Sean Tuder - E.O.W. 01/20/2019

ISSUE 1 | 2019

“Is your job worth dying for? Would you comply if

your boss told you to jump in front of a bullet? Would you

2019 Killed in the Line of Duty

28

“How much do you love your job? How much do you

love your boss? How much do you love your co-workers?

*Since this article was written, more officers have been killed in the line of duty. Frisard will continue to add them to and honor them with his tribute trucks.


FRISARD COMPANIES TRIBUTE TRUCK

Top Left: Cully Frisard presents driver Patrick Lemaire with keys to the tribute truck. Top Right: (L-R) LMTA Membership Development Manager Darrin Carlton, Frisard Companies President Cully Frisard, SJSO Cpt. Andrew Duhe, Major Sid Berthelot, Sgt. Dustin Poche, Frisard Companies Fouder Martin Frisard, SJSO Dpy. Patrick Hall Bottom Left: 10-7 was used as the truck’s identification number, meaning “Officer is out of Commission” in police code. Bottom Right: Cully Frisard presenting the Fallen Heroes Tribute Truck in front of family company.

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GOING DIGITAL

L M TA M A R K E T I N G M E A S U R E S

T

hese past few months, the LMTA has taken measures to broaden their social media footprint by becoming more active on Facebook and Twitter, and creating an Instagram account. Not only have they used these platforms to advertise upcoming events, they have also created an LMTA app to bring their events to life. Using App Embark, the LMTA has been able to change their app settings and features to its event-specific needs. You can download the app through your phone’s app store. For instance, during the Winter Management Summit in February, the app contained important information members and guests needed throughout their meetings, such as an event agenda, a list of attendees, links to the website, LMTA contact information, and other relevant business documents. Communications Coordinator Marlie Lynch has worked these past three months to ensure all digital platforms worked seamlessly and were accessible from the website and app. “It is my goal to create a strong foundation of media marketing for the LMTA, and the transition has a great experience,” Marlie said. “It is essential that we keep up with the modern ways of communicating and going digital will allow us to stay in touch with our growing membership in more ways than one.” Part of the LMTA Strategic Plan, which is available

online at www.lmta.la, was to hire a marketing and communications staffer to support relevant efforts. This is only a small portion of the plan that will produce a great amount of change. To track the interactions with their website pages, the LMTA uses an online analytics program called Feathr. With this marketing tool, the LMTA staff can retarget website visitors through digital advertisements who may have been close to registering but decided to do it at a later date. These ads will remind them that they need to sign up for an event such as the Seafood Gala, or even complete their registration as a new member. Expanding their reach on social media, keeping track of their active website audience and promoting use of their mobile app will ultimately bring the LMTA toward its fullest communications potential.

Doing Your Part As an active member of the LMTA, you can do your part by sharing our social media posts, sending links to event registration pages to your fellow trucking industry peers, and sharing your experiences at our events on your company social media pages. A potential member can learn anything they need to know simply by downloading the LMTA mobile app or visiting our website. Of course, LMTA staff is and will always also be here to answer any questions by phone.

Visit www.lmta.la.

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ISSUE 1 | 2019


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