Oklahoma Motor Carrier Magazine - Fall 2013 by Oklahoma Trucking Association

Fall 2013 | Volume 20 | Issue 4 | www.oktrucking.org

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or over eighty years, the Oklahoma Motor Carrier (OMC)

magazine

Fall 2012 | Volume 19 | Issue 4 | www.oktrucking.org

has

provided OTA members

with important information concerning their association and the trucking industry. Each issue of the OMC features an OTA member company, and update on state and national trucking issues and highlights from OTA events.

Celebrating 80 Years

The OMC is read by over 3,700 people throughout the state of Oklahoma - including those outside the trucking industry. For advertising rates and information, please contact Shannon Helton at 405.445.1790, or visit oktrucking.org for rate sheets and additional information.

STAYCONNECTED www.Facebook.com/OKTrucking

@OKTrucking

bit.ly/WkV57T

linkd.in/ZbTxDx The Oklahoma Motor Carrier Magazine is produced by Shannies Art & Design, LLC and is printed by Southwestern Stationery & Bank Supply, in Oklahoma City, Oklahoma.

The Oklahoma Motor Carrier (OMC) is published quarterly by the Oklahoma Trucking Association, 3909 N. Lindsay, Oklahoma City, OK 73105. Office of Publication, Southwestern Stationary, OKC, Okla. Bulk Rate postage paid at OKC, Okla. Please address all correspondence to 3909 N. Lindsay, Oklahoma City, OK 73105.

Oklahoma Motor Carrier Magazine | Fall 2013

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FEATURES 28

81st Annual Convention

Convention Golf Classic

DEPARTMENTS Editorials 7 From the Editor 7 From the Executive

OTA Member News 26 Do You Know a Highway Hero? 24

Tyler Ramirez selected as 2013 Recipient of Wilburn Williamson Memorial Scholarship

Council News 20 OSMC’s Safety Zone Trucking Tidbits: Nationwide News 10 New FHWA Report Reveals Nation’s Busiest Highways 13

Federal Court Sides with ATA on Break Provision

Secretary Foxx Announces Proposal to Eliminate Major Paperwork Burden

State Matters 16 Leaders Discuss Improvements, Progress of Oklahoma Transportation 18

New Workers Comp System Challenged in OK Courts

34 Oklahoma Motor Carrier Magazine | Fall 2013

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UPCOMINGEVENTS OSMC Fall Safety Seminar October 24 - 25, 2013 This year’s Fall Safety Seminar will take place at the Jenks Holiday Inn ExpressJenks Riverwalk. Please check oksafetymanagementcouncil.com for more information about this upcoming event!

PHMSA: Re-certification Seminar November 21, 2013 In partnership with the OSMC, this event will take place in Jenks, OK at the Tulsa Technology facility.

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FROMTHE EDITOR It was such a blast to see everyone at this year’s convention. It may have only been the sixth for myself, but it has been 81 for the Association. That’s definitely something that needs to be celebrated! Thank you to all of the sponsors and attendees (and the OTA staff as well!) who made this year’s “circus” truly inviting. Of course the hard work did not stop at the Hard Rock in Tulsa. After the State Supreme Court struck down what was one of many important recent issues the OTA had worked for, Tort Reform, a special session was called to help reinstate those laws. It’s been a tough time on the legislative front both on the state and federal level. With the economy still trying to recover, the impending implementation of the Affordable Care Act, combined with cuts in government spending and an ever-bubbling fountain of regulation, it has truly been an interesting year. But through it all, the OTA and the ATA are helping to try to lessen those headaches and policy/regulation woes. Under this big top, there are a lot of acts. But as always, we stick together like only cotton candy can (Whoops! I mean trucking.). Working together for the long haul. I hope that you enjoy this issue, honoring outgoing Chairman, Bob Peterson, and join me in welcoming our new Board of Directors and Chairman, Jim Klepper. Here’s to our 82nd year!

Shannon Helton

shannonhelton@oktrucking.org

FROMTHE EXECUTIVE DIRECTOR First of all I want to thank all our attendees and sponsors at the 81st annual convention. We were well received and we had great speakers to discuss the new work-comp laws and Obama Care health insurance law. We were very privileged to have Mike Card, the Chairman of the ATA speak to us at the Red Vest Dinner. Mike has done a wonderful job as Chairman of the ATA this last year. Looking forward to 2014, we will be faced with more Federal regulations and trying to understand them. We still are struggling with the new HOS, parts of CSA and the oilfield exemption changes. Next year, just a few things we will discuss sleep apnea, on board recorders and new levels of clean air. It would really be nice to get back to basics, that is, picking up freight and delivering it on time. Hopefully some day in a perfect world we will be able to achieve this. Thanks to all

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Oklahoma Motor Carrier Magazine | Fall 2013

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Oklahoma Motor Carrier Magazine | Fall 2013

TRUCKINGTIDBITS

NEW FHWA REPORT REVEALS NATION’S BUSIEST HIGHWAYS FHWA/USDOT

The U.S. Department of Transportation’s Federal Highway Administration (FHWA) released a new report on the nation’s busiest interstates that shows people drove more than 84.7 billion miles on California highways in 2011 – more than 900 times the distance from Earth to the Sun – making the Golden State’s highways the nation’s busiest. Overall, vehicles traveled 2.95 trillion miles on U.S. roads in 2011 – the eighth-highest level ever recorded, and nearly double the amount traveled in 1980. “Better information means cities and states can more efficiently target congestion and help people get home from work faster,” said U.S. Transportation Secretary Anthony Foxx. “Over the past four years, DOT has improved more than 331,000 miles of roads with federal funds, but we know there’s a lot of work that still needs to be done. Information like this, along with new construction and design technologies, help us stretch our dollars further, making a bigger difference for even more people.” Traffic volume data from 2011, the most recent year available, show that the I-5 in California was the nation’s busiest interstate, with 21.4 billion miles traveled that year. California’s neighboring I-10 and I-110 followed as the second and third busiest, respectively. Los Angeles’ section of I-405 serves an estimated 379,000 vehicles per day, making it the busiest interstate in any American city. Texas came in second, with people driving more than 55.7 billion miles on its interstates, followed by Florida at 34.7 billion miles and Ohio at 31.4 billion miles. “Data like these help us better understand the highway system and its needs,” said Federal Highway Administrator Victor Mendez. “Analysis of the nation’s traffic patterns and areas of changing traffic volume will lead to safer, less congested roads and greater mobility for all Americans.” The FHWA's Highway Performance Monitoring System computes miles-traveled data for all interstates and highways. These data are based on thousands of automatic traffic recorders operated roundthe-clock by state departments of transportation. More comprehensive data are published annually in the FHWA's “Highway Statistics.”

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Oklahoma Motor Carrier Magazine | Fall 2013

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Oklahoma Motor Carrier Magazine | Fall 2013

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TRUCKINGTIDBITS

FEDERAL COURT SIDES WITH ATA ON BREAK PROVISION ATA

On August 2, the U.S. Court of Appeals for the D.C. Circuit issued its long-awaited ruling on American Trucking Associations’ challenge to the most recent revisions in the hours-of-service rules; striking down a provision requiring short-haul drivers to take 30-minute off-duty break, but leaving the bulk of the rule unchanged. “While we are disappointed the Court chose to give unlimited deference to the Federal Motor Carrier Safety Administration’s agenda-driving rulemaking, the striking down of the short-haul break provision is an important victory,” said Dave Osiecki, ATA senior vice president of policy and regulatory affairs. While the 30-minute, off-duty break requirement for short-haul drivers was vacated, the Court upheld the new limitations on the use of the restart, and the requirement that the 30-minute driving break be free of all on-duty activity, despite agreeing with ATA that the FMCSA’s justification for the rule had serious flaws. Even though the Court identified several of these flaws, it declined to “second guess” the agency’s methodologies and interpretations of the evidence, instead taking a “highly deferential” approach to

the agency’s presumed expertise, concluding that “FMCSA won the day not through the strengths of its rulemaking prowess,” but rather through “an artless war of attrition.” Further, the Court found no merit in the challenge of the coalition of interest groups that have repeatedly fought to make a working regulation more restrictive, correctly concluding it “would have been unreasonable and unfounded on the record” to reduce the driving day from 11 to 10 hours. The Court also summarily rejected the groups’ call to eliminate the restart altogether. “The court recognized on numerous occasions the shortcomings of the agency’s deliberations, so despite upholding most of the rule, we hope this opinion will serve as a warning to FMCSA not to rely on similarly unsubstantiated rulemakings in the future,” Osiecki said. “One thing this rulemaking makes clear is that fatigue is a small problem when viewed through a crash causation lens. ATA hopes FMCSA will work with the trucking industry to address more pressing safety and driver behavior issues, including those than can be directly affected through proven traffic enforcement activities aimed at unsafe operating behaviors.”

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TRUCKINGTIDBITS

SECRETARY FOXX ANNOUNCES PROPOSAL TO ELIMINATE MAJOR PAPERWORK BURDEN USDOT

less of whether or not an issue requiring repairs is identified. DVIRs are the 19th-highest paperwork burden, based on the number of hours needed to comply, imposed across all federal agencies and only 5 percent of reports filed include defects. Today’s announcement represents the largest paperwork reduction achieved since President Obama’s May 2012 Executive Order to reduce regulatory burdens on the private sector. Under the proposed change announced today, commercial truck drivers would continue conducting pre- and post-trip inspections. However, DVIRs would be required only if defects or deficiencies were discovered by or reported to the driver during the day’s operations. “We can better focus on the 5 percent of problematic truck inspection reports by eliminating the 95 percent that report the status quo,” said Federal Motor Carrier Safety Administrator Anne S. Ferro. “Moving to a defect-only reporting system would reduce a significant paperwork burden facing truck drivers and save the industry billions without compromising safety.”

U.S. Transportation Secretary Anthony Foxx announced, August 1, a proposal to eliminate a burdensome daily paperwork requirement for professional truck drivers that will reduce costs to the industry by an estimated $1.7 billion annually while still maintaining the Department’s high safety standards. “President Obama challenged his Administration to find ways to cut waste and red tape, a challenge I pledged to meet during my confirmation hearing,” said Secretary Foxx. “With today’s proposal, we are delivering on that pledge, saving business billions of dollars while maintaining our commitment to safety. It’s the kind of win-win solution that I hope our Department will continue to find over the coming months.” “This is a great example of the progress being made under the Administration’s regulatory lookback initiative,” said Office of Management and Budget Director Sylvia Mathews Burwell. “The Administration is carefully examining rules on the books to see where we can streamline, modify or repeal regulations to reduce unnecessary burdens and costs on businesses and consumers. By making this common-sense change to the DVIR process, the Department of Transportation is dramatically reducing paperwork burdens on the trucking industry, while continuing to protect public safety.” Current federal regulations require commercial truck drivers to conduct pre- and post-trip equipment inspections and file Driver Vehicle Inspection Reports (DVIRs) after each inspection, regard14

Oklahoma Motor Carrier Magazine | Fall 2013

Federal regulations require that every commercial vehicle in the U.S. undergo a thorough annual safety inspection conducted by a certified commercial vehicle mechanic. In addition, state and federal inspectors conduct unannounced, random inspections of commercial vehicles at terminals, weigh stations, truck stops along the roadside and at destinations. Vehicles that fail random safety inspections are immediately placed out of service and not allowed to operate until the identified safety problems are addressed. In 2012, approximately 3.5 million random inspections were conducted. In June 2012, the Federal Motor Carrier Safety Administration eliminated a comparable requirement for truck drivers operating intermodal equipment trailers used for transporting containerized cargo shipments. By eliminating a requirement for drivers to submit “no defect” inspection reports of intermodal equipment trailer, cost savings to the intermodal industry is estimated to be $54 million annually without an adverse impact upon safety. The FMCSA will collect and review comments on the proposed rule, which is available at: www.fmcsa.dot.gov/rules-regulations/ administration/rulemakings/proposed/Driver-Vehicle-InspectionReport-NPRM.pdf. President Obama launched the Administration’s regulatory lookback initiative in January 2011 by issuing Executive Order 13563. The Order commenced an historic government-wide review of regulations on the books, with the goal of eliminating or modifying out-of-date, ineffective or overly-burdensome regulations.

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STATEMATTERS

LEADERS DISCUSS IMPROVEMENTS, PROGRESS OF OKLAHOMA TRANSPORTATION ODOT

Signifying a major milestone in Oklahoma’s statewide transportation progress, newly-appointed U.S. Secretary of Transportation Anthony Foxx joined U.S. Senator James Inhofe, Governor Mary Fallin and state transportation officials today for his first official visit to Oklahoma. Secretary Foxx toured the progress Oklahoma has made in improving its bridges and major traffic corridors and discussed Oklahoma’s long-term transportation development. “Oklahoma’s work to improve its roads and bridges and address its aging infrastructure is a reminder of why transportation investment is so important, so we can help states with the proposed Fix it First initiative and address aging infrastructure across the country,” said Secretary Anthony Foxx, who made his first visit to Oklahoma today at Senator Inhofe’s invitation. “I look forward to working with leaders in Oklahoma and throughout the country as we ensure that our transportation system is more reliable, more efficient - and above· all - even safer for future generations.” Secretary Foxx, Senator Inhofe and Governor Fallin addressed the media at the I-44/I-235/Broadway Extension interchange reconstruction project and discussed Oklahoma’s progress in transportation funding and the economic value of transportation to the state and the nation. Oklahoma Secretary of Transportation Gary Ridley, Oklahoma Department of Transportation Executive Director Mike Patterson and other dignitaries were also in attendance. Patterson expressed excitement to have the national attention as he welcomed the crowd. “Our nation’s vast network of highways and bridges serve as the physical platform of our nation’s economy and are the foundation to Americans’ personal and economic freedom. Oklahoma is at the center of the nation’s interstate commerce, making our highways some of the most heavily traveled in the United States. The vital modernization and expansion projects currently underway are essential for fixing costly traffic delays, preventing wasted fuel, and helping our interchanges operate more efficiently. I appreciate Secretary Foxx for making a trip to see firsthand the vital role our roads and bridges play in supporting the nation’s economy and the expansion of Oklahoma exports,” Inhofe said. “Maintaining and improving Oklahoma’s transportation infrastructure is an important economic issue and an important quality of life issue. Our citizens and our businesses need safe, easily traveled roads and bridges. We are making great strides in that area, and I thank Secretary Foxx for joining us in Oklahoma and seeing firsthand the significant progress we are continuing to make,” Fallin said. Thanks to the efforts of congressional and state leaders in recent years, Oklahoma has made great strides in improving its aging transportation system with additional federal and state funds. Since 2005, ODOT has taken a tum in the right direction, but is still focused on addressing all its needs in the next decade.

Oklahoma Motor Carrier Magazine | Fall 2013

National and state transportation leaders gathered Friday at the I-44/I-235/Broadway Extension interchange project, chosen as a backdrop as an example of Oklahoma’s transportation progress, to discuss transportation issues. From left: Oklahoma Secretary of Transportation Gary Ridley, U.S. Senator James Inhofe, U.S. Secretary of Transportation Anthony Foxx, Governor Mary Fallin and ODOT Executive Director Mike Patterson.

“We are excited that Senator Inhofe’s been able to host the nation’s top transportation official, Secretary Foxx, in our great state. A safe and modem transportation network is critical. Working closely with national and state leaders will further the progress that has been made in the last decade with infrastructure funding,” Ridley said. Significant achievements for Oklahoma’s transportation system in recent years include increased transportation funding, which keeps ODOT on course to repair or replace all of the state’s remaining structurally deficient highway bridges by the end ofthe decade. In 2004, Oklahoma topped national lists for bad bridges, with 1,168 highway bridges considered structurally deficient. Following the latest round of inspections, the number of structurally deficient state highway bridges now stands at 556. Seeing the benefits of cable barriers, ODOT began installing them across the state once funds were available in 2007. The cable barriers have reduced the number of crossover fatalities from 3 9 in 2007 to six in 2012. In recent years, ODOT has also tackled some of the state’s largest highway projects, such as the relocation of the I-40 Crosstown in Oklahoma City, I-44 from Riverside Dr. to Yale Ave. in Tulsa, the ongoing widening ofl-40 in Canadian County, replacement ofthe I-244 bridges at the Arkansas River in Tulsa and construction of the US-70 Durant Bypass. Reconstruction of the I-44/I-235/Broadway Extension interchange is one of Oklahoma’s largest interstate corridor projects and is being completed in seven phases. Construction is currently taking place on the second phase, a $9 million project to replace the eastbound I-44 ramp to southbound I-23 5.

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STATEMATTERS

NEW WORKERS COMP SYSTEM CHALLENGED IN OK COURTS by Patrick B. McGuigan, CapitolBeatOK.com

“Eventually every important question in the United States becomes a subject for litigation.” That is not an original thought, but so pervasive in unreferenced memory that it has acquired the virtues of a maxim.

Virgin also assailed the final version of the legislation, which incorporated a modified “opt-out” provision that allows some businesses to create separate coverage systems, a step she contends will adversely “shrink the actuarial risk pool.”

No surprise, the workers’ compensation reforms enacted in Oklahoma’s spring 2013 regular legislative session are being challenged in court. A bi-partisan team of legislators, joined by the Professional Firefighters of Oklahoma, have asked the state Supreme Court to slap down Senate Bill 1062, in part for alleged violations of the oft-cited “single-subject rule.”

Senior challenger to the new law is state Sen. Harry Coates, RSeminole, who said his main problem with the new administrative system lies in some of the limits on compensation, which he asserts would force workers to “pay back benefits after returning to work.”

The latter rule was fashioned as a way to offset what is dubbed “log-rolling” -- the traditional legislative practice of combining a wide range of issues and subjects into a single law, to increase it chances of approval. In addition to the single-subject stricture, critics of the new law say it violates separation of powers, unjustly discriminates against some workers, and illegally excludes from compensation certain injuries or conditions. State Rep. Emily Virgin, D-Norman, told Oklahoma Watchdog, “We filed this lawsuit because we believe that if an administrative system is the best alternative, there are better, more constitutionallysound models to follow than the one contained in S.B. 1062.”

Oklahoma Motor Carrier Magazine | Fall 2013

Unlike some critics of the new administrative structure, Coates backs such an approach – but not the particulars in the new legislation. In a statement to Oklahoma Watchdog, he said, “In 2012, the often-quoted Oregon Study showed that while Oklahoma had the sixth highest workers’ compensation rates in the nation, Missouri had one of the lowest rankings at number 36. Oklahoma was 47 percent ABOVE the national median and Missouri was 14 percent BELOW the study median. “Oklahoma needs to pass the Missouri law with no amendments and no changes. Missouri and Oklahoma have similar constitutional provisions regarding injuries, and the Missouri law has already survived constitutional tests. There is no doubt that their administrative system could work in Oklahoma and reduce rates for businesses, small and large.”

Prof. Andrew Spiropoulos, a constitutional law specialist with Oklahoma City University, told Oklahoma Watchdog, ““Everyone expected that this bill would provoke multiple constitutional challenges. This lawsuit is only the first salvo in what will be a long legal and political war to preserve these important reforms.” Spiropoulos, also the Milton Friedman fellow at a free-market think tank, the Oklahoma Council of Public Affairs, continued, “The groups and individuals orchestrating these challenges aren’t the sort who gracefully accept political defeat or are inclined to defer to the views of the majority.” A grass roots perspective came from one of the largest grass roots-oriented groups in the Sooner State. “Our activist network was very active supporting S.B. 1062. Obviously, the trial bar is going to do all it can to hold on to what power it has had for so many years. This bill is good for job creators and workers, and there’s no reason it shouldn’t survive,” commented Matt Ball of Americans for Prosperity – Oklahoma. Gov. Mary Fallin said she was disappointed with the challenge to S.B. 1062, filed two weeks after the National Council on Compensation Insurance (NCCI) projected double-digit cost decreases could result from implementation of the new law. Coates’ Republican colleague, Senate President Pro Temp Brian Bingman, R-Sapulpa, passionately defended the new law, among other things saying the measure “is landmark reform that has been needed for quite some time. Our state’s workers’ compensation rates are out of control, and it is impacting economic development and job creation in our state.”

week ago, re-enacted the bulk of that measure, albeit one section at a time. Judicial scrutiny of legislative action has focused the ire of Speaker of the House T.W. Shannon, R-Lawton, and many of his allies, who are seriously looking at limitations on court jurisdiction and/ or changes in the selection process for High Court justices and appellate court judges. Rep. Virgin defended the lawsuit, saying it was necessary because S.B. 1062 “log-rolled the opt-out measure, which the legislature had voted down before, with the new administrative system.” One passionate defender of S.B. 1062 is Commissioner of Labor Mark Costello, who pushed for its passage for two years, saying the state needed “workers’ comp, not lawyers’ comp’.” On October 16, a state Supreme Court hearing officer (“referee”) will decide if the court should take up the case immediately, or designate it to a state district court. Oklahoma’s historic litigation-based system of compensation insurance has led to one of the most expensive compensation insurance systems in the country. Authors of S.B. 1062 pressed to move away from lawsuits and toward an administrative structure, largely patterned on that in neighboring Arkansas, rather than the Missouri system Sen. Coates prefers. .

Our state’s workers’ compensation rates are out of control, and it is impacting economic development and job creation in our state. - Sentate President Pro Temp Brian Bingman, R-Sapulpa

The state Chamber of Commerce’s president & CEO, former state Rep. Fred Morgan, assailed “trial lawyers” for trying to “overturn the will of the people and their elected representatives in order to maintain the status quo of Oklahoma’s broken workers’ compensation system.” The state constitutional single-subject stricture was the basis of a successful legal challenge to the Omnibus lawsuit reform legislation of 2009. A special legislation session, concluded just over a Oklahoma Motor Carrier Magazine | Fall 2013

KNOWLEDGE IS KEY WITH THE OSMC Recently a late night talk show host took to the streets to ask a very important question: Which do you prefer, the Affordable Health Care Act (ACA) or Obamacare? I watched in disbelief at how many people literally had no idea that there is no difference. Explanation after explanation came as they tried to convey why one plan was better than the other. At the end of the segment I found myself wondering how many in our own industry have no idea about ACA, CSA, HOS and many more. The state of the industry is one of mixed emotions and with the changes those emotions can gravitate to an extreme. An OSMC member told me the other day that he talks to at least 3 carriers a day that have no idea CSA exists and/or HOS changes took affect earlier this year. Carriers receiving a letter from FMCSA have called to find out what CSA is and why they are the recipient of this attention. Is the lack of knowledge in the industry an epidemic? Perhaps that argument could be made. We are doing something about it through OSMC. This group of safety professionals works diligently to stay on top of the industry issues, working to find solutions to all the questions. We are fortunate to have membership with far reaches in the industry, capable of providing us with the most current information at all times. This makes OSMC a very proactive council for trucking safety. OSMC is routinely recognized as a leader in trucking safety as a council. At the ATA meeting in September, OSMC was awarded the Summa Cum Laude award. This is one of the highest awards given by ATA to a council or trucking association for their safety efforts. So why is this important to you? It’s simple, another council member the other day spoke to his 25+ years with OSMC and how his safety program wouldn’t be where it is today without the networking and knowledge obtained as a member of OSMC. Do you have peace of mind regarding your program or are you just trying to get by each day? OSMC can help and we want to help anyone in the industry. I urge you to visit us at on our website (www.oksafetymanagementcouncil. com) and consider attending an upcoming meeting. I promise you won’t be disappointed.

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WHAT DOES ELITE SUPPORT HAVE TO OFFER? ■ EXPRESS ASSESSMENT – This process determines if you have a single service issue diagnosis or a more complicated problem. Once diagnosed, we check parts availability and provide you with a repair time and cost estimate. If the write-up is a simple repair such as a blown fuse or burnt out light, we will perform the repair immediately and get you on your way. If the diagnosis reveals a more complicated problem you will be able to determine if you need to get a hotel or redirect resources. In any case, the assessment process will be done within 2 hours** of your arrival and will help you make a smart service decision. ■ AFTER THE REPAIR BEGINS you will be notified of status updates as they occur. ■ WHILE YOU ARE WAITING, comfortable Drivers’ Lounges are available featuring amenities*** like: ■ Relaxed seating ■ Free coffee and Wi-Fi access ■ Vending machines ■ Television ■ Business work area ■ Local information ■ WHEN THE JOB IS COMPLETE you will be immediately notified so you can get back on the road. In addition, you can rest assured that all communications are tracked and documented for future reference.

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MEMBERNEWS

TYLER RAMIREZ SELECTED AS 2013 RECIPIENT OF WILBURN WILLIAMSON MEMORIAL SCHOLARSHIP Oklahoma Trucking Association

The Oklahoma Trucking Association announce the 2013 Wilburn Williamson Memorial Scholarship Winner earlier this summer. This year’s recipient was Tyler Ramirez of Choctaw, Oklahoma. Katherine is a 2013 graduate of Choctaw High School and is enrolled at Rose State College. Tyler’s mother, Karla Johnson, is an employee of Oklahoma Trucking Association member company, UPS. Each year, the Oklahoma Trucking Association offers a scholarship to one child or grandchild of a member company. Applicants must have a minimum 3.0 GPA, a senior in high school who is enrolled in a college for the fall semester, and must also complete an essay to qualify for the scholarship. For more information, please contact Rebecca Chappell at (405) 525-9488 or rebeccachappell@oktrucking.org or check back with the OTA’s website next Spring.

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DO YOU KNOW A HIGHWAY HERO? GoodyearTire & Rubber Company

Do you know a professional truck driver who has performed an act of heroism while on the road? The Goodyear Tire & Rubber Company wants to hear the story! Goodyear is accepting nominations for its 31st North America Highway Hero Award at www.goodyeartrucktires.com through Nov. 29, 2013. The Goodyear Highway Hero Award, which is the oldest and most prestigious award of its kind, honors truck drivers who put themselves in harm’s way to help others. Goodyear will announce the 31st Highway Hero Award winner during the 2014 Mid-America Trucking Show (MATS) in Louisville, Ky. The winner will receive a $5,000 prize, a custom Goodyear Highway Hero ring, and other honors. The Highway Hero Award was created in 1983 to help elevate the image of the trucking industry and recognize truck drivers for their courage and selflessness. (Click here to watch a video about the Goodyear Highway Hero Award, including footage from last year’s Highway Hero Award announcement event during MATS.) Last year’s Goodyear Highway Hero Award winner, Jason Harte, rescued a family of six, including four children, from a crushed minivan. The previous year’s Goodyear Highway Hero Award recipient, Mike Schiotis, rescued a woman from a gun-wielding attacker. Other past winners include a driver who pulled an elderly man from a car moments before it was destroyed by on oncoming train, a driver who rescued two girls who were trapped in a burning vehicle, and a driver who dove into a pond to save a child who was stuck in a rapidly sinking car.

your nomination directly to Goodyear. For consideration, candidates must meet the following criteria: • • • • • •

Must be a full-time truck driver Must reside in the U.S. or Canada The incident must have occurred in the U.S. or Canada Nominee’s truck at the time of the incident must have had 12 wheels or more Nominee must have been on the job – or on the way to or from work in his or her truck – at the time of the incident Incident must have taken place between Nov. 16, 2012, and Nov. 16, 2013, to qualify for this year’s program.

“Truck drivers are often first responders to on-highway incidents, springing into action without regard for their own well-being and putting their lives on the line to save others,” said Phillip Kane, vice president, Goodyear Commercial Tire Systems.

After the Goodyear Highway Hero Award nomination period ends, the list of eligible Highway Hero Award candidates will be narrowed down to four finalists. A panel of trucking industry judges will then select the 31st Goodyear North America Highway Hero, who will be revealed March 2014 during a special event at MATS. (Final approval of Goodyear Highway Hero finalists and the Highway Hero Award winner is at Goodyear’s sole discretion. Finalists must clear background checks to Goodyear’s satisfaction.)

“Through the Goodyear Highway Hero program, we’ve heard hundreds of stories about truck drivers’ bravery. If you know a truck driver who has put his or her own safety at risk to help someone else, please let us know.”

Goodyear Commercial Tire Systems offers The Total Package Solution of industry-leading tires, services and profitability tools to help commercial trucking fleets lower their total cost of ownership. To learn more, visit www.goodyeartrucktires.com.

To nominate a truck driver for Goodyear’s 31st North America Highway Hero Award, click on this link, fill out the online Highway Hero registration form, and hit the “submit” button, which will send 26

Oklahoma Motor Carrier Magazine | Fall 2013

We Offer Much More Than Insurance • Experienced Trucking Personnel • Driver Recruiting and Retention • Driver Screening and Evaluation • Driver Wellness • 24/7 Claim Support • Responsive Customer Service • Accident Investigation • Claim Subrogation • Safety & Loss Prevention • FMCSA Compliance

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The OTA celebrates 81 years

Above: Pat Perry (Dugan Truck Line), Shawn Duncan (Corvel), Ana Carreon (PrePass), Barbra Case (OTA), David McCorkle (McCorkle Truck Line), and LaVern McCorkle (McCorkle Truck Line) watch a demonstration during a Cherokee Heritage Tour in Tahlequah during the OTAâ&#x20AC;&#x2122;s Annual Convention, sponsored by McCorkle Truck Line, Inc.

Oklahoma Motor Carrier Magazine | Fall 2013

The Oklahoma Trucking Association members gathered again at the Tulsa Hard Rock Casino and Resort in Catoosa, Oklahoma to celebrate 81 years. The festivities kicked off with registration and a Welcome Party, sponsored by Groendyke Transport, Inc., Madewell & Madewell, Inc., Mondics Insurance Group, Inc., Wells Fargo Equipment Finance, Inc., and Wells Fargo Insurance Services USA, Inc. Thursday kicked off with the Convention Golf Classic at Cherokee Hills Golf Club, followed by lunch at the course and meetings back at the Hard Rock. Some attendees went on a Cherokee Heritage Tour that let them travel to the Cherkoee Nationâ&#x20AC;&#x2122;s capitol in Tahlequah, Oklahoma. Attendees on this trip had a tour of the Cherokee Village, which depicted life for the Cherokee people in the 1700s. They also were presented with Cherokee cultural and family traditions by one of their guides. The tour was followed by lunch at the Restaurant of the Cherokees, and the

tour concluded with a brief around historical Tahlequah. The tour was also sponsored by McCorkle Truck Line, Inc. The Chairman’s Reception and Silent Auction began with over twenty-three different item packages donated by our gracious members. Once the bidding was over, it was time for the main event, the Red Vest Banquet. To start things off, David McCorkle (McCorkle Truck Line) played auctioneer for four live auction items, NASCAR tickets and pit passes donated by UPS, Golf with Bob Peterson at the historic Southern Hills Country Club in Tulsa donated by Melton Truck Line, four courtside tickets to the Oklahoma City Thunder v. Denver Nuggets and dinner at Toby Keith’d I Love This Bar & Grill donated by Rush Truck Centers, and finally a Eleca California Electric Guitar autographed by the Eagles. The banquet featured guest speaker Mike Card, current ATA Chairman and President and CEO of Combined Transport, Inc. located in Central Point, Oregon. Card offered a telling of his start in the trucking industry and encouraged OTA members to stay active at the state and national levels. He pointed out that “little guys” make up a lot of the activity, so don’t be discouraged by thinking you had to be a large carrier to have a voice. He also discussed the “Where did you get that?!” John Williams (MHC Kenworth) suddenly realizes that he had been missing his watch, current economic climate and driver issues. His speech was very courtesty of magician at the Welcome Reception. informative for all involved in the industry. OTA Executive Director, Dan Case, then honored outgoing Chairman, Bob Peterson (Melton Truck Line) with his Red Vest. Peterson thanked the Association for a wonderful year and the challenges we face together. Friday morning greeted attendees with a wonderful breakfast and General Sesssion. With so many hot industry topics, there was plenty to be learned. John Greene and Jeff Toole of Scopelitis, Garvin, Light, Hanson, and Feary, broke down Oklahoma’s new Workers Comp law and pointed out important differences between our neighbor Texas’ law. John Mondics of Mondics Insurance Group delved even deeper into the Workers Comp discussion and explained the insurance side of this new law. Wall Gomaa of Holmes Murphy then spoke about the controversial ObamaCare and its projected effect on the economy. Two individuals were inducted into the Memorial Roll this year. Terry Davis of Maxum Petroleum, and Dale Brown of Dale Brown, Inc. both passed away in 2013. It is a tradition of the OTA to memorialize those members who have exhibited an outstanding addition to the trucking industry through their work, and who we have lost over the past year. Family members attended this loving tribute to two Bob Peterson (Melton Truck Line) helps auctioneer David professionals that exemplify passion, dedication and excellence in McCorkle (McCorkle Truck Line) get some high bidders during the live auction at the Red Vest Banquet. trucking. The OTA’s 81st annual convention was full of great networking opportunities and learning expieriences. If you missed out this year, you should definietly join us next year in Durant. Thank you to all of the sponsors and attendees who made this event a success.

Oklahoma Motor Carrier Magazine | Fall 2013

Grand Sponsors Bruckner Truck Sales - Oklahoma City Bruckner Truck Sales - Tulsa OKC Freightliner • Western Star Rush Truck Centers T&W Tire Tulsa Freightliner • Western Star

Diamond Sponsors Hamm & Phillips Service Company, Inc. MHC Kenworth

Gold Sponsors Bendix Commercial Vehicle Sytems LLC Great West Casualty Company Help Inc.

Silver Sponsors Amaerican Trucking Assocaitions Cummins Southern Plains, LTD Drivers Legal Plan Environmental Management, Inc. Freymiller, Inc. J.J. Keller & Associates, Inc. Love’s Travel Stops & Country Stores, Inc. McCorkle Truck Line, Inc. Melton Truck Lines, Inc. UPS Utility Tri-State, Inc.

Red Vest Banquet Dinner McCorkle Truck Line, Inc. Southwest Trailers & Equipment Triad Transport, Inc. Wells Fargo Equipment Finance, Inc. Wells Fargo Insurance Services USA, Inc. Top Left: Immediate Past Chairman Bob Peterson (Melton), ATA Chairman Mike Card (Combined Transport), OTA Executive Director Dan Case (OTA), and OTA Chairman Jim Klepper (Drivers Legal) at the Red Vest Banquet. Center: Dan Case (OTA) knows how to run this circus. Bottom Left: Kent Thompson (Mack Trucks), Steve Cline (Bruckners) and Ken Davis (Bruckners) at the Welcome Party.

Oklahoma Motor Carrier Magazine | Fall 2013

The ToTal Trucking revenue Bell & company manages annually. and weâ&#x20AC;&#x2122;re noT a Trucking company. Bell & Company provides expert accounting and financial advice to over 40 southeastern trucking and logistics companies with a combined revenue of almost $650 million annually. After all, we have unique firsthand trucking experience that makes us dedicated to helping you grow your profits. How can we put our 150 years of combined experience to work for you? Call us today for a free consultation.

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Cherokee History Tour McCorkle Truck Line, Inc.

Program Sponsors American Transfer & Storage Co. Beaver Express Service, LLC Brown & Brown of Central Oklahoma, Inc. Elliott Truck Line, Inc. Enid Mack Sales, Inc. Great Dane Trailers Hampel Oil Schneider Law Offices

Top: Attendees shop for their favorite silent auction items. Bottom: Jim Klepper (Drivers Legal) tries to show how good John Mondics (Mondics Insurance Group) would look posing with a guitar signed by the Eagles.

Oklahoma Motor Carrier Magazine | Fall 2013

Bob Acker (Bruckner’s) tees off. The 2013 Convention Golf Classic took place on Thursday during the OTA Convention, at the Cherokee Hills Golf Club next to the Hard Rock Casion and Resort. Players were greeted to an absolutely beautiful Green Country morning, and finished just before some showers arrived for the evening. Over 80 golfers joined up to support the OTA in the tournament which was sponsored by CSTK, Hamm & Phillips Services Company, J.J. Keller & Associates, Inc., MHC KEnworth, Melton Truck Lines, Inc., OKC Freightliner • Western Star, Roberts Truck Center, Southwest Trailers & Equipment, Tulsa Freightliner • Western Star, and UPS.

Oklahoma Motor Carrier Magazine | Fall 2013

Bragging rights belong this year go to the Southwest Trailers and Equipment team that was made up of Adam Dy, Wade Scarberry, Mitchell Brown and John Tipsword. Second place, first flight went to the ATC Freightliner team of Drew Burk, Scott Watson, Blake Mann, and Dennis Tipre. Rounding off the first flight, was the third place team from Rush Truck Centers, Mark Neito, Chaz Eubank, Steven Zwinggi, Chris Gray and Stan Clark. The second flight rankings followed with first place going to Bob Peterson (Melton Truck Lines), Jeff Robinson (Melton Truck Lines), Jeff Smith (Utility Tri-State), and Mike Card (Combined Transport/ ATA). Second place, second flight went to the team of Robert Eldridge (Bendix), Gilbert Corona (Bendix), Dan O’Brien (Greenwood

International Insurance Services), and John Fisher (Greenwood International Insurance Services). Third place second flight was awarded to Bob Acker (Bruckner’s), Kent Thompson, Debra Moore (Meritor), and Joel Cunningham (PC Promotions). Rounding out the team placements were the third flight where the first place winners were Seth Locke (MHC Kenworth), Terry Bitner (Great West Casualty Company), Rocky Montoney (Great West Casualty Company), and Benton Landers (ATA). Second place went to the Roberts Truck Center team of Tony Brown, Mike Ross, Doug Capps, and Tobin Gump. Third place was awarded to Steve Montgomery (American Transfer & Storage), Royce Wittman (American Transfer & Storage), Shannon Crowley (John Christner), and Eric Fairchild (Tulsa Freightliner). Two longest drive contests were held where Mitchell Brown (Dale Brown, Inc.) won on hole number three and Darren Newfield (T&W Tire) won on hole number fourteen. In addition to the longest drive contests, there were also two closest to the pin contests where Chip Land (Drivers Legal) won on hole number seven and Gary Jones (Brown & Brown) won on hole thirteen.

Top: Mark Neito, Chaz Eubank, Steven Swinggi, Stan Clark, and Chris Gray from the Rush Truck Centers team. Bottom: The Southern Tire Mart team watches Tom Stewart tee off.

AM URN

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CSTK Hamm & Phillips Service Company J.J. Keller & Associates, Inc. MHC Kenworth Melton Truck Lines, Inc. OKC Freightliner • Western Star Roberts Truck Center Southern Tire Mart Southwest Trailers & Equipment Tulsa Freightliner • Western Star UPS Oklahoma Motor Carrier Magazine | Fall 2013

BEVERAGE CART SPONSOR Compliance Concepts of Oklahoma, Inc.

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Oklahoma Motor Carrier Magazine | Fall 2013

Add On Systems, Inc. American Transfer & Storage Co. Bendix Commercial Vehicle Systems LLC CorVel Corporation Enid Mack Sales, Inc. Great Dane Trailers Hampel Oil United Engines United Petroleum Transports Wells Fargo Equipment Finance, Inc. Wells Fargo Insurance Services USA, Inc.

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Interested in advertising? Itâ&#x20AC;&#x2122;s a great way to support your association and get the word out about your business! You can reach ove 5,000 industry professionals each quarter by advertising in the Oklahoma Motor Carrier Magazine. For more information or a current media kit, please visit http://www.oktrucking.org. or contact Shannon Helton at (405) 445-1790 or by email at shannonhelton@oktrucking.org.

Oklahoma Motor Carrier Magazine | Fall 2013

Member Spotlight W.B. Johnston Grain Company

Founded: 1893 Headquarters: Enid, Oklahoma Owners: Lew Meibergen, J.L. “Butch” Meibergen, and J.L. “Joey” Meibergen How did it all begin? As the oldest and largest privately owned grain elevator company in Oklahoma, W.B. Johnston Grain Company’s success is based not only on our ability to adapt to the ever-changing needs and demands of the agricultural industry, but most significantly on our ability to deliver unwavering service to each customer. Knowledge equates with success, and our 119 year history and expertise allows us to continually strengthen our position as the regional leader in the grain industry. We currently operate 22 country grain elevators throughout Oklahoma and Texas, including two grain terminals in Enid and Shattuck. With five generations of grain and seed merchandising expertise, our management team knows the meaning of quality and service. What do you think sets you apart from other carriers? W. B. Johnston Grain Company has taken its 119 years of knowledge in bulk handling of agricultural products and expanded it into a variety of commodities from oilfield products to metals. We pride ourselves on our service and our ability to use new technology to improve and advance our operations. We’re committed to staffing our elevators and trade floor with the most knowledgeable, highly trained professionals in the grain industry. They aid our producers in their everyday farming needs from providing market information, to assisting with products and services and helping producers optimize their production through intense farm management. We appreciate and value the trust that our producers have in our ability to provide them with the results they desire. This is why we recognize the need for change and continues to offer the resources our customers need in order to be successful. What issue is the most important to your company right now? It is becoming more difficult to find small carriers that are considered “safe.” We do not have any full-time employees devoted solely to driving; most of our employees drive in addition to working at our elevators as general labor. We rely heavily on small carriers to provide our services. Most of these smaller carriers are not well versed on industry changes and requirements which makes it very challenging to find someone that meets all our requirements. Many run their company out of their truck or have a spouse at home trying to make sense of it all. Getting information out to these carriers to keep them compliant is beneficial to them and to Johnston’s as well. What do you think the greatest benefit from being an OTA member is? With such a diversified business it becomes very difficult to keep up with the industry. So much is changing in the regulatory world that unless you have enough manpower to devote full-time attention to these changes you can fall out of the loop very quickly. Being an OTA/OSMC member allows us to maintain a high knowledge level of what is going on in the transportation industry; what affects us directly, what we need to be concerned with, and gives us an avenue where we can get involved. OTA/OSMC allows our small company to function at a large company capacity as it relates to safety and regulatory issues through their timely updates, conferences, and networking capabilities. 42

Oklahoma Motor Carrier Magazine | Fall 2013

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