Open Road Fall 2018

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CONTENTS Letter From the Executive Director 3 D. Chance McNeely

T.H. Davidge 4 The 2018 T.H. Davidge Award Winner and the story behind the original Davidge

by Marcy de Luna

LMTA’S ADVOCACY DOESN’T TAKE A BRAKE 6 LMTA is active in two government task forces, and joins the annual DOTD legislative Road Show

8 CHANGES in waste hauling permit RULES Wm. Alan Miller sheds light on recent changes to waste hauling permit applcations and how we got to thi point today Annual Convention Coverage 12 Key takeaways and photos from the event Photos by John Ballance

Allied INDUSTRY Spotlight 18 Randall “Tiger” Meaux, Peterbilt of Louisiana, LLC

by Alexandra Renée Harrison

On the cover:

(L-R) Front: Elmo Guillot, Kary Bryce, John Majors, Larry Terrell Middle: Randy Gulliot, Sam Lampo, Pat Hay Back: Judy Smart , Martin Frisard.

Trucking Member Profile 20

Photo by John Ballance Scott Reynolds, Dupré Logistics

by Alexandra Renée Harrison

Advertisers Index 22

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1

Letter from the Executive Director VOLUME 11, Issue 3 Open Road is owned by the Louisiana Motor Transport Association and published four times a year. For more information, contact the LMTA at 225-928-5682.

EXECUTIVE editor / EXECUTIVE DIRECTOR

D. Chance McNeely chance.mcneely@louisianatrucking.com MEMBER SERVICES

Rachel E. Justus rachel.justus@louisianatrucking.com

renaissance publishing Project Manager Jessica DeBold art director Molly Tullier Chief Executive officer Todd Matherne vP of sales Colleen Monaghan account executive Shelby Harper Shelby@myneworleans.com | (504) 830-7246 contributing writers

Alexandra Renée Harrison, Marcy de Luna, W.M. Alan Miller Photographer John Ballance LMTA Officers Andrew Guinn, Sr.

Chairman of the Board Port Aggregates, Inc. Lake Charles, LA Gary Gobert President Lake City Trucking Lake Charles, LA

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

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

Tim Ordoyne Vice President at Large Schriever, LA

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

Dear readers, Fall has always been my favorite time of year. I really enjoy the onset of cooler weather, hunting and football season. Just as we often pray that the LSU Tigers will RALLY this time of year, the Fall is great for all of us in that we have time to double-down to meet or exceed our goals for the year. When I started 2018 as your new Executive Director, my goals were to keep trucking safe during the legislative sessions, execute our great annual events, and immerse myself in the workings of LMTA so that I could make thoughtful enhancements for 2019 and beyond. The sessions and our events went great this year, and I am pleased to report that I am fully immersed in planning for 2019 and the future.

Earlier this year LMTA initiated a strategic planning process with a completion date of October 2019. The plan is different from past efforts of LMTA this time we are not only setting our goals and objectives, we are actually creating a plan to make it happen. 2019 will be year one of a five year strategy to grow our membership by enhancing our membership value. We will tackle expanding services and benefits, improving our events, aggressive legislative agendas, and improving the trucking industry’s public image. I am working closely with the Board of Directors in developing this path forward, and I am eager to present it to the full membership in the coming months.

Ben Hogan ATA Vice President Dedicated Transportation, LLC

It’s an exciting, transitional time for LMTA with a very bullish future.

Lafayette, LA

Sincerely,

Kary Bryce ATA Vice President Alternate Preferred Materials, Inc.

Mike Knotts Treasurer Cobbs, Allen & Hall of Louisiana, Inc.

Sibley, LA

Bossier City, LA

D. Chance McNeely Executive Director Louisiana Motor Transport Association 318-518-5367 (C)

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. For information contact LMTA at: Louisiana Motor Transport Association, Inc. 4838 Bennington Avenue • PO Box 80278 Baton Rouge, LA 70898 • Phone: 225-928-5682 • Fax: 225-928-0500 www.louisianatrucking.com Copyright 2018 Open Road, Louisiana Motor Transport Association and Renaissance Publishing LLC. POSTMASTER: Send address changes to Louisiana Motor Transport Association, Inc. 4838 Bennington Avenue • PO Box 80278 . No part of this publication may be reproduced without the consent of the owner or Publisher. The opinions expressed in this publication are those of the authors and do not necessarily reflect the view of the magazine’s managers, owners or publisher. Open Road is not responsible for unsolicited manuscripts, photos and artwork even if accompanied by a self addressed stamped envelope.

Become a member of LMTA An organization that promotes and protects the trucking industry, serves as a regulartory resources, connects the community and develops leaders.

110 Veterans Memorial Blvd., Ste. 123, Metairie, LA 70005 (504) 828-1380 • www.bizneworleans.com

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T.H. Davidge

The Man, the Myth, the Legend and the Award

By Marcy de Luna

Left: T. H. Davidge standing in front of Davill Petroleum Company in Spring of 1984. Photo Courtesy of Southeastern Louisiana University, Center for Southeast Louisiana Studies, Natalbany, Louisiana Collection Right: T.H. Davidge at the 1982 LMTA Seafood gala with friends and other members photos provided by Alisa Davidge.

Established by the Louisiana Motor Transport Association (LMTA) in 1989, the T.H. Davidge Memorial Award is the top honor for anyone involved in Louisiana’s trucking industry. Originally awarded on an annual basis, for the last decade the LMTA has limited the prestigious award to only years when an outstanding candidate has emerged.

About T.H. Davidge The man whose name is permanently attached – with affection – to Louisiana’s trucking industry, began his career in the ice business making deliveries with horse and buggy.

“After that, he and my grandmother—they were married for 50 years— opened a lumber mill,” notes Alisa Davidge, granddaughter of T.H. Davidge.

But T.H. Davidge didn’t stop there. He opened several supermarkets and convenience stores under the T.H. Davidge Co. In 1950, he started Davill Petroleum and became a distributor for the Phillips 66 Company, delivering oil and gas to his supermarkets and convenience stores, eventually expanding to the open market.

Davidge’s life and career spanned across major revolutions 4

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in the transportation of commodities. It was in these times that Davidge helped found the LMTA and became deeply entwined with the Association, its purpose, and the members.

His professional credentials aside, Davidge is fondly remembered for his drive and character. “Everything he did, from his ice business to Davill Petroleum, was accomplished without his ever graduating from high school. He dropped out to take care of his family and help pay the bills. He was a self-made man who had determination and worked hard,” Alisa Davidge says of her grandfather.

“He was the best person and never had a cross word for anyone.

He was very social and very polite. If you needed a job, he would give you one. He always went above and beyond,” she adds.

Toward the end of his life, Davidge’s grandchildren, who fondly remember LMTA’s crawfish boils and events in New Orleans, would chauffer him to LMTA meetings in Baton Rouge because, for him, they were too important to miss.

Countless LMTA members recall Davidge as the quintessential gentlemen, a staple within the Association who was admired for his selfless nature and kind spirit.

The T.H. Davidge Award

And This Year’s Winner Is:

Following the passing of T.H. Davidge, the LMTA Board of Directors began discussions about creating an award in his honor in 1988. In 1989, the Board formally created the award and issued its first call for nominations writing in part “…we will recognize one individual who best exemplifies the commitment and dedication to LMTA that Mr. Davidge lived throughout his life.”

In total, there have been 25 recipients of the award since its inception almost thirty years ago. It is a distinguished and diverse group of trucking industry leaders who share the most important quality: integrity.

In a purposefully discrete fashion, this year Nataly Bryce, owner of Signature Transport and LMTA Board member, was called upon to announce the T.H Davidge winner. Her remarks were as follows: “As many of you know, the T.H Davidge Award is the most prestigious award that is given by the LMTA. It is based on an individual’s selflessness and their efforts to make our industry stronger. This award is not given every year but given when the LMTA sees these values in one of its members. This year’s recipient has been around trucks all his life. While in his late teens he thought driving a truck would be the last thing he did, he found himself driving a dump truck in order to provide for his wife and newborn. In 1995, with a second child on the way, he took a leap of faith and started his own company called Bryce Transport, better known as Preferred Materials today. The Bryce family now has three children, but each of the kids are fully aware that we have several more brothers and sisters- the others just happen to have axles and shiny paint jobs. He loves trucks and the entire makeup of the trucking industry. He is passionate and strong willed. His focus within the LMTA has been and continues to be that of selflessness and helping the trucking community as a whole. I am so very proud to present this year’s T.H. Davidge Award to my father, Kary Bryce.”

Several members in attendance at the LMTA annual convention banquet, where the award was announced, commented on how moving the presentation of the award was this year.

“LMTA is about the people in our industry, and we’ve got good people,” said McNeely. B

T.H. Davidge Award Winners 1989 Don Larousse 1990 Bruce McNeal 1991 Tommy Jeansonne 1992 Elmo Guillot 1993 Warum Holbrook 1994 Don Provenzano 1995 J. H. Jeansonne 1996 James Smart 1997 Bill Clark 1998 Jesse Ayers 1999 John Majors 2000 Sandy Arabie 2001 James Flurry, Sr.

2003 Glen Guillot 2004 Sam Lampo 2005 Judy Smart 2006 Tom O’Neal 2007 Larry Terrell 2008 Robert Gorman 2010 Martin Frisard 2012 Doug Place 2013 Pat Hay 2015 Randy Gulliot 2017 Cathy Gautreaux 2018 Kary Bryce

“It’s the crowning achievement for our industry,” said Judy Smart of Roadrunnder Towing & Recovery. Smart and her late husband, James, both individually received the award in years past and they are the only married couple to do so. “We were so honored to have won this award. It meant the world to us.”

The T.H. Davidge Award has been a family tradition on other occasions, including with the Guillots. Elmo Guillot of Southeastern Motor Freight and Triple G Express, along with his two sons Glen and Randy have each received the award. Elmo served as LMTA President in the 1970s, a position both Glen and Randy have each held in more recent years.

“We have 25 members who, in their own ways, have led the LMTA and championed the Judy Smart holds T.H. Davidge trucking industry with integrity,” Awards presented to her late said Executive Director Chance husband James Smart, as well McNeely. “Davidge had the as her own award. Photo by self-made drive that is common John Ballance in our industry. I see a lot of grit in the list of award winners, too. It makes me proud to be in the role I am in, and excited about what the future holds for the next wave of industry leaders. We have a strong foundation.”

Kary Bryce with his family. Photo by John Ballance OP E N R OA D FALL 2 0 1 8

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LMTA’s Advocacy Doesn’t Brake

By Executive Director Chance McNeely While the seemingly endless legislative sessions of 2018 came to a close in June, LMTA’s advocacy efforts never stop.

As you read this edition of Open Road, LMTA is actively engaged in two government task forces and will soon participate in the annual DOTD legislative Road Show. Here’s what you need to know and how you can help:

High Automobile Insurance Rates Task Force In July, Insurance Commissioner Jim Donelon called this special task force as required by legislative resolutions passed by Senator John Smith and Rep. Kirk Talbot in the previous session.

The Commissioner included a variety of insurance industry representatives on the task force, three state legislators, the plaintiff attorneys who call themselves the Louisiana Association of Justice, and the LMTA as members. As you likely expect, the purpose of this effort is to study the causes of high insurance rates and make recommendations to the legislature that would reduce premiums or, at least, stabilize the market.

As the only member on the task force who represents the insured, LMTA has an important role in this process. Several meetings will take place between now and the next legislative session in the spring, and I will be making sure that the recommendations from this group would be beneficial to our industry.

Reach out directly to me if you would like to offer testimony, data, or anecdotes for LMTA to utilize as it can help now and during the session.

Overweight Permit Task Force During the second of three special sessions this year, Rep. Jack McFarland passed a resolution to study and make recommendations about overweight permits. This task force is different from previous efforts because it focuses on a local government’s ability to permit loads that may already be permitted by the state. There was a discussion of solutions, such as a state permit that had reciprocity with local governments, during the session but nothing came to fruition. This task 6

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force’s creation is over particular concern around logging and the oil and gas production industries, where many local governments have started to create their additional requirements for trucks.

LMTA has a significant stake in this discussion because of the precedent set by the outcome. Not taking action could be equally concerning, as we must protect the ability of a truck to get from LA Rep. Kirk Talbot (R-Jefferson point A to point B without Parish) serves as Chairman of the worrying over what type Task Force and is a strong, tireless of regulation each parish, advocate for tort reform in the city, town, and village Louisiana Legislature. may have adopted. The legislature gave LMTA one position on this task force, the Governor opted to give his “at-large” appointment to LMTA Past Chairman John Austin and Speaker of the House Taylor Barras named Brett Berard as his designee. These seats allow John, Brett and I to serve as well as give LMTA three votes. We appreciate the state leaders recognizing LMTA’s role and contributions to this dialogue.

DOTD Annual Legislative Road Show

LA Rep. Jack McFarland (R-Jonesboro) is a reliable advocate for trucking and general business in the state. He is also in the for-hire trucking business for the timber industry.

Each year, DOTD hits the road with the House and Senate transportation committees to hear from each region of the state about their unique highway needs. Testimonies are recorded and utilized

by DOTD each year as they determine how to slice the proverbial pie of highway dollars across the state.

With $14 billion in unmet rehabilitation/preservation projects — excluding the staggering cost of new capacity projects like a new Mississippi River Bridge in Baton Rouge — there is about $600-$800 million spent each year on highways in Louisiana. Despite this annual investment, the backlog increases each year and very few new “capacity” projects get built. My point is, dividing the proverbial pie to meet the need is impossible. In a way, that makes these public testimony opportunities all the more critical.

This year, LMTA will participate in this event to put on record the challenges that exist for trucking on highways in each region of the state. I know from experience that these public testimonies are used to steer the dollars that exist, and it’s a great way to get on record what we need as an industry. You can help by sending me an email with problematic highways, intersections, etc., in your area or, better yet, join LMTA at a public hearing near you to help raise our profile and put a local face with LMTA’s name. B

2018 DOTD ROAD SHOW SCHEDULE Tuesday, October 16

Thursday, October 18

Winnsboro

Room, 1015 Pithon Street, Lake Charles

2 p.m. | LOCATION Monroe City Hall, Council Chambers, 400 Lea Joyner Expressway, Monroe

1:30 p.m. | LOCATION Lafayette Consolidated Government, City Hall Council Chambers, 705 W. University Avenue, Lafayette

Wednesday, October 17

Tuesday, October 23

Pershing Blvd., Shreveport

Conference Room A/B, #10 Veterans Blvd, New Orleans

5 p.m. | LOCATION Alexandria England Airpark, James L. Meyer

2 p.m. | LOCATION Tangipahoa Council Office Chambers, 206 East

Commercial Terminal Conference Room, 1100 Frank Andrews Blvd., Alexandria

Mulberry Street, Amite

10 a.m. | LOCATION Franklin Media Center, 7293 Prairie Road,

11:30 a.m. | LOCATION Independence Stadium Skybox, 3301

9 a.m. | LOCATION Calcasieu Parish Police Jury, Council Chambers

9:30 a.m. | LOCATION NO Regional Transportation Mgmt. Ctr

Wednesday, October 24

9 a.m. | LOCATION State Capitol Basement, House Committee Room 1, Baton Rouge

Join LMTA at the 2018 DOTD Road Show A series of Public Hearings will be held and conducted by the Joint Transportation, Highways, & Public Works Committee. Help make the trucking industry’s voice heard by attending the hearing in your district.

Waste Hauling Permit Application Rule Changes

by Wm. Alan Miller, Attorney at Law

225-229-6993 | alanmillerlaw@yahoo.com

the Louisiana Public Service Commission (“LPSC” or “Commission”) and the Louisiana Legislature recently changed the standard in which waste hauling applications are granted. Act 278 of the 2017 Regular Session removed the requirement for applicants to prove “public convenience and necessity” (“PC&N”).1 The Commission adopted rules identical to Act No. 278 at its Business and Executive Session on December 20, 2017.2 These law and rule changes have been over twenty years in the making.

BACKGROUND

In 1994, Congress preempted state regulation of the prices, routes, and services of motor carriers of property.3 This action greatly reduced the overall number of motor carriers regulated by the LPSC, but it did not apply to waste carriers since waste was not included in the Act’s definition of “property.”4 After 1994, the legislature maintained the PC&N requirement for waste hauling applicants but eventually eliminated it for tow trucks, passenger carriers, household goods carriers, and saltwater haulers.5 PC&N is a type of licensing requirement that originated in the 1800s.

Essentially, PC&N blocks a new company from operating unless it can prove to the license-granting governmental agency that new competition is in the “public interest.”6 PC&N was originally devised for the railroad industry under the theory that under certain circumstances, economic competition7 is “inefficient” or “destructive,” so government should restrict excess entry into certain markets.8 If an existing license holder objects to the application, it is extremely difficult - if not impossible, timeconsuming, and very expensive to prove PC&N. PC&N rules “are tools by which an incumbent firm bars competition for self-interested reasons. These laws enrich existing businesses by restricting the supply of services, raising prices for consumers, and worst of all - depriving would-be entrepreneurs of their constitutional right to earn a living without unreasonable government interference.”9 Previously in Louisiana, an applicant seeking a common carrier certificate or contract carrier permit to transport non-hazardous oilfield waste, non-hazardous solid industrial waste or hazardous waste intrastate for disposal would apply to the LPSC. The application would be advertized in the LPSC bulletin, and almost assuredly draw opposition from certain existing waste haulers. These “intervenors” would object on the basis of protecting their operating rights in order to minimize competition. In order to remove the intervenors’ objections, applicants typically entered into “restrictive amendments” with the intervenors to limit their scope of authority by geographical restrictions, limitations on the types of waste the applicant could carry, and restrictions on the number and type of trucks the applicant could utilize in waste hauling.

The LPSC considered eliminating the PC&N requirement from its rules in 2008, but the Staff recommendation failed at the November 12, 2008 Business and Executive (“B&E”) Meeting. Commissioner Jimmy Field stated that: “...I just don’t think we can overrule or (sic) express statute of the Legislature.” Commissioner Jay Blossman concurred by stating: “. . . the statute says what the rules are and what the laws are, and I just don’t think we have the authority to do away with it.... But, until the Legislature changes the statute, I don’t think the Commission needs to step in and start changing things...”10 8

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On May 23, 2012, the Commission did change its rules, “. . . whereby all waste carriers are [sic] exempted from proving Public Convenience and Necessity prior to obtaining operating authority, but requiring all waste carriers to register with the Commission and prove fitness to operate at a public hearing.”11 However, upon reconsideration the next month, it re-instituted PC&N, but established a lessened burden of proof and provided for proof of fitness. This 2012 rule change made it possible for an applicant to State Senator prove PC&N, but it remained a costly and Dan “Blade” Morrish time-consuming process. From 2012 to the beginning of this year, only a few applicants received certificates free of restrictions. The vast majority of applicants continued to enter into “restrictive amendments” with the intervenors.

POWERS OF THE PUBLIC SERVICE COMMISSION VERSUS THE LEGISLATURE

According to Article III, Section 1(A) of the Louisiana Constitution, the “legislative power of the state is vested in the legislature...” The Public Service Commission is created by Article IV, Section 21 of the Louisiana Constitution. Subsection B sets forth the powers and duties of the LPSC by stating that, “[t]he commission shall regulate all common carriers and public utilities and have such other regulatory authority as provided by law. It shall adopt and enforce reasonable rules, regulations, and procedures necessary for the discharge of its duties, and shall have other powers and perform other duties as provided by law.”

Prior to the adoption of the Louisiana Constitution of 1974, the LPSC was not vested with constitutional authority and did not question the law making authority of the legislature. Since the LPSC powers are now enumerated in the Constitution, there have been times when the two bodies have disagreed over where the legislature’s law making powers end and the Commission’s regulatory powers begin.

PC&N has been just such an area of disagreement. Since the early 2000s, the legislature removed the PC&N requirement for tow trucks, passenger carriers, household goods carriers, and saltwater haulers.

The Commission did not challenge these laws and changed their rules accordingly. But in the area of waste hauling, applicants were caught in a Catch 22 of sorts.

RECENT ATTEMPTS AT CHANGE

Senator Dan W. “Blade” Morrish attempted to remove the PC&N requirement on several occasions. Other legislators filed similar bills, but Morish was the most persistent. His bills were usually defeated based on the argument that the legislature would be infringing on the Commission’s constitutional authority to regulate common carriers if it eliminated the PC&N requirement via statute. As noted earlier, efforts to eliminate PC&N through the Commission’s rule-making authority were similarly defeated by the argument that the LPSC could not ignore an existing statute that required applicants to prove PC&N in order to be awarded a certificate or permit.12 In 2016, Senator Morrish’s bill (SB 399) attempted to treat waste applications the same as saltwater applications. SB 399 was involuntarily deferred

in the House Commerce Committee. During the same time, then Commissioner Clyde Holloway opened LPSC Docket No. R-34054 seeking to remove the requirement for motor carriers of waste to prove public convenience and necessity, while maintaining the requirement to prove fitness to operate.”

After receiving comments from interested parties, in August of 2016, the LPSC Transportation Staff issued a proposed recommendation that would have changed the definition of PC&N by stating that an applicant applying for a common carrier certificate, contract carrier permit, or expansion of authority granted in an existing certificate or permit authorizing the transportation of nonhazardous oilfield waste, hazardous waste or non-hazardous industrial solid waste shall prove public convenience and necessity in a hearing before an administrative law judge or hearing officer by proving...” five fitness requirements.13 The staff adopted an argument made by the author of this article that since the Louisiana Supreme Court considered PC&N to be “a dynamic and flexible concept, which is not susceptible to a rigid or precise definition and, therefore must be determined on a case-bycase basis”14 the Commission could change the definition of PC&N by making it subject to a fitness test. This staff recommendation was not considered by the Commission. Commissioner Holloway’s term was nearing its end and he was in failing health.

In early 2017, the docket was reopened with a request for specific comments and a technical conference was scheduled. A technical conference is a meeting of the interested parties and LPSC staff to discuss a proposed rule. The technical conference was held shortly thereafter, but the previous recommendation was not the central point of discussion.

A new proposed rule was circulated, that in this author’s opinion, gave minor relief to applicants by reducing the power of intervenors, but was still too time-consuming and complicated.

Campbell’s motion that became LPSC General Order dated 1/23/2018.

Commissioners Lambert Boissiere and Craig Greene were instrumental in the motion’s passage.

APPLICATION OF THE NEW LAW AND RULE

4 Authorizated by required regulatory authorities for waste transportation

Under the new rule, intervenors can still protest an application, but only as it applies to the applicant’s fitness. In March and April of this year, this author represented Apex Trucking, LLC16 and Summit Trucking, LLC17 in contested LPSC Commissioner hearings. After the Administrative Law Foster Campbell Judge issued his proposed recommendation that Apex’s application be granted, the intervenors have withdrawn from all subsequent applications. To this author’s knowledge, all subsequent applications have been approved without restriction — unless the applicant requested to limit its own scope of authority.

Under the 1/23/2018 General Order, trucking companies can apply for expanded or new waste-hauling authority with the LPSC. [See article quick fact 2] Once all the documentation is provided to the LPSC transportation staff, the application will be published in the LPSC Bulletin with a 15-day intervention period. The application will be assigned to an administrative law judge. The Staff may send the applicant data requests before the hearing date. After the staff finishes its investigation, it will make a recommendation regarding the applicant’s fitness. The application then goes to a hearing in which the applicant’s attorney introduces documents and questions witnesses in order to prove fitness.

After the order granting authority is issued, the applicant’s insurer must submit proof of insurance, the applicant must submit a tariff, and annually register the power units utilized in intra-state waste hauling.

Certificate holders are subject to continuing LPSC jurisdiction by filing annual reports, submiting quarterly inspection and supervision reports, and paying the applicable fees. B

4 Possesses the equipment and man power to provide transportation services

SEE REFERENCES ON PAGE 22

ARTICLE QUICK FACT 1 Act 278 Fitness Test: Applicants must prove the following: 4 Holds an insurance policy 4 Has financial ability to safely and efficiently dispose waste

safely and efficiently

4 Has an established a safety program for the transportation of waste

ARTICLE QUICK FACT 2

ACT 278 AND LPSC GENERAL ORDER DATED 1/23/2018

Before the Commission acted on this rule-making docket, Senator Morrish passed and Governor John Bel Edwards signed Senate Bill 50 of the 2017 Regular Session that became Act 278. Act 278 amended R.S. 45:164 to eliminate the PC&N requirement. In its place, Act 278 instituted the fitness test set forth in the LPSC Staff’s proposed recommendation dated August 3, 2016, described above. [See article quick fact 1] In reaction to the new law, the Commission brought suit against the legislature seeking a declaratory judgment that Act 278 be declared unconstitutional.15 While the suit was pending, the Commission, by a 3-2 vote, adopted a new rule in conflict with Act 278. Judge Mike Caldwell then dismissed the LPSC’s suit on procedural grounds.

At the December 2017 meeting of the Commission, Commissioner Foster Campbell, a longtime supporter of removing the PC&N requirement, brought a motion to repeal the recently passed rule conflicting with Act 278. Commissioner Campbell’s motion also sought to adopt rules in conformity with Act 278. After much discussion between the commissioners and testimony by this author, the Commission adopted Commissioner

Trucking companies can NOW apply with the LPSC, pay a $200 application fee and providing the following documents: 1. Secretary of State Certificate and Articles of Incorporation or Formation from the State.

2. Louisiana Secretary of State Certificate of Good Standing.

3. The company’s operating structure, names of regulatory contacts, bookkeepers, CPA, dispatchers, or other employees anticipated to be involved with the transportation and disposal of waste.

4. Financial statements and balance sheets for the company for the last two complete years. * For a newly formed company, a detailed statement from the owner(s) outlining the financial ability to operate all transportation functions authorized by the applied for authority.

5. List of equipment anticipated to be used 6. Letter from an insurance company (or agent) authorized to do business in Louisiana, who will write the required insurance coverage 7. Copy of the company’s safety manual either by printed hard copy, flash drive or CD. 8. Permits required by any and all other state and federal agencies for the transportation and disposal of waste, or a list including a detailed compliance history under any jurisdiction for each regulatory agency’s jurisdiction.

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The 78 Annual LMTA Convention th

August 2-4, 2018 | Hilton Pensacola Beach, 12 Via De Luna Drive | Pensacola, FL The Louisiana Motor Transport Association hosted the 78th Annual LMTA Convention in Pensacola Beach on Aug. 3-5. During the convention members and their families enjoyed a golf tournament, raffles, beach time and most importantly — discussions of the future for the trucking industry as well as innovations to the organization with new Executive Director, Chance McNeely leading the way.

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From new board member installations to a congressional speaker to a national trucking association presentation, LMTA allied and trucking members joined together to discuss, learn and determine new pathways to reshaping the industry, including infrastructure funding, LMTA membership contributions, tort reform, the driver shortage and the upcoming 2019 election. B

KEY TAKEAWAYS Liability Reform • Upcoming election cycle for the state legislature is critical. Record number of new members • Business community must come together and hold legislators and candidates accountable

LMTA General Counsel Doug Williams, Breazeale, Sachse & Wilson, speaks at the Liability Reform panel.

LABI Political Director John Diez, also on the panel, urged the LMTA to use its PAC dollars wisely.

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KEY TAKEAWAYS Highway Funding • Graves, Pottle agree that we must invest more in transportation. We are on unsustainable path.

• LMTA is working to identify highway funding solutions in order to promote an industry plan.

• ATRI highlights Louisiana ranks in the Top 5 on trucking industry dollars wasted in congestion

Congressman Gary Graves disscussed much-needed infrastucture changes

ATA Vice Chairman Barry Pottle presented his analysis of fuel taxes versus tolls for infrastructure funding

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KEY TAKEAWAYS Advocacy • Graves encourages trucking industry to be vocal, stay heavily involved in government. Trucking industry is the expert on transportation.

• Pottle highlights betters days for trucking industry under the trump administration

KEY TAKEAWAYS Membership • Strategic planning process underway for the future • Enhanced membership experience on the horizon • Board votes to invest in LMTA with first dues increase in 12 years

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Convention Sponsors Platinum Sponsors Cobbs, Allen & Hall of Louisiana, Inc. Envoc Kenworth of Louisiana Paccar Parts Louisiana Peterbilt Dealers: Baton Rouge, Lafayette, Lake Charles, New Orleans RoadRunner Towing & Recovery Vertical Alliance/Infinit-i Diamond Sponsors Louisiana Freightliner Dealers: Capitol Freightliner, Empire Truck Sales, and Lonestar - Shreveport FedEx Corporation Silver Sponsors C & S Wholesale Grocers Comdata Network Guillory Petroleum Transport, LLC Old River Truck Sales Peoplenet Video Intelligence (a Trimble Company) Port Aggregates, Inc. Retif Oil & Fuel, LLC Service Transport Company

Door Prize Sponsors Agway Systems Berard Transportation Cummins Dorisy Hay Ergon Trucking Fluid Disposal Specialties Hilton Baton Rouge Capitol Center Hilton Sandestin Beach Golf Resort & Spa Hyatt Centric Judy Smart Kenworth of Louisiana Lake City Trucking Northlake Moving & Storage Polar Tank Trailer Renaissance Baton Rouge Roadrunner Towing & Recovery Royal Sonesta Hotel Sandestin Golf & Beach Resort SevenOaks Capital Associates Southern Information Services The Lodge at Gulf State Park Trailer Management International Triple G Express Wells Fargo Equipment Finance

Bill Clark Memorial Golf Tournament Hole Sponsors Agway Systems Ater Warehouse Bengal Transportation Services Breazeale, Sachse & Wilson Carrier Transicold South Cummins Custom Ecology Dedicated Transportation Empire Truck Sales

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Hay Brothers J.W. Nelson Transports James T. Gentry Kenworth of Louisiana Lonestar Truck Group - Shreveport Peterbilt of Louisiana Quality Transport Retif Oil & Fuel SevenOaks Capital Associates Southern States Utility Trailer Sales Stranco Trailer Management International Transportation Compliance Services Tri State Refrigeration Trico Transportation Tournament Sponsors Bengal Transportation Services Cummins Peterbilt of Louisiana Stranco Webb Wheel Products

Annual Sponsors Gold Sponsors Help, Inc‌a provider of PrePass McGriff Insurance Services RoadRunner Towing & Recovery, Inc. Silver Sponsors Compass Compliance Management FedEx Corporation Gulf Coast Business Credit J.J. Keller & Associates NOCS Transport, Ltd. Peoplenet Communications Southern Tire Mart UPS Wal-Mart Stores, Inc. Bronze Sponsors Aeropres Corporation Bengal Transportation Services BMO Harris Bank Bruckner Truck Sales, Inc. C & S Wholesale Grocers Cash Magic Truck Stops Creel Brothers, Inc. Dedicated Transportation, LLC Dupre` Logistics, LLC Dynamic Environmental Services, LLC Empire Truck Sales, Inc. Ergon Trucking, Inc. FedEx Freight Frisard’s Trucking Company Grammer Industries Hercules Transport, Inc. Marathon Petroleum Newman Transport, LLC Pilot Flying J Port Aggregates, Inc. Razorback Rentals, LLC Service Transport Company SevenOaks Capital Associates, LLC Triple G Express United Vision Logistics

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Allied Industry SPOTLIGHT

Peterbilt of Louisiana Sales Manager Randal “Tiger” Meaux A Face of the Trucking Industry’s Optimistic Future

By Alexa Renée Harrison Peterbilt of Louisiana, LLC, is a full-service, class six, seven, and eight truck center. The company offers new and used trucks and trailers for sale, as well as parts, service and body shop. Peterbilt covers South Louisiana with four locations in Baton Rouge, Lafayette, Lake Charles, and New Orleans.

As a trucking manufacturer, Peterbilt has been delivering premium quality heavy-duty trucks since the company’s founding in 1939. The company has maintained its enviable position in the market by concentrating on delivering high-performance, low-maintenance, and extremely durable vehicles that pay off in low operating costs, driver productivity, and high resale value.

“Peterbilt offers a high-quality product with incredible driver loyalty — key factors in the success of the trucking industry,” says Peterbilt Sales Manager Randal ‘Tiger’ Meaux. ”Customers attest to quality offered, citing they are able to hire and keep good drivers once they started purchasing Peterbilt trucks, ” said Meaux.

Meaux has been working for the company for seven years, and just celebrated five years as Sales Manager in Lafayette. He is a graduate of the University of Louisiana at Lafayette with a bachelor’s degree in Business Administration and Management.

After nine years in industrial material handling equipment sales, Meaux had a (very) short stint as a restaurant owner. “Once that was behind me, commercial truck sales was a phenomenal fit to my previous customer base.”

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While Meaux personally has only been involved with LMTA for five years, his company Peterbilt has been participating for 25 years and counting.

“As a member of LMTA, we are provided the opportunity to understand the regulatory and legal issues facing the trucking industry,” Meaux says. “We can take that information and see if we can provide solutions to help our customers.”

Meaux is proud of recent accomplishments made possible by Peterbilt’s relationship with LMTA. He sees the biggest benefit of this relationship as, “quite simply...getting to know individuals personally.”

“In our fast-paced, electronic world, it’s easy to communicate without ever making eye contact,” says Meaux. “Through our partnership with LMTA, we get to visit with people face-to-face and discuss real-world issues in real-time.”

Meaux is particularly proud of the tremendously successful customer appreciation event held this summer in Pensacola. The event was enjoyed by customers and employees of Peterbilt alike and had music, food, and prizes.

“It was nice to show off some of our employees’ hidden talents,” Meaux says.

Meaux is feeling excited about the trucking industry’s future.

“Having come off of two extremely tough years, 2018 should prove to be the highest number of class eight truck sales in history,” he says Peterbilt and Meaux are optimistically counting on that strong market to continue over the next few years. B

Trucking MEMBER PROFILE

Dupré Logistics’ Scott Reynolds Discusses Safety

Protecting the People Behind the Statistics

By Alexa Renée Harrison

“It’s a bit of a funny story how Dupré was founded,” said LMTA Safety Management Council Chairman and Field Safety Rep at Dupré Logistics, Scott Reynolds.

Reggie Dupré and his family owned a gas station near Opelousas and they were having difficulty getting gasoline delivered to their station. So, they decided to buy their own truck and deliver their own gas. Eventually, that truck needed parts, so they bought a second truck.

Today, Dupré is running nearly 600 trucks across the country with over 1,000 drivers.

Reynolds joined Dupré in 2006 after earning his CDL in 2002 and driving for a couple of Over the Road fleets. “I really enjoyed seeing the country,” said Reynolds. “I was able to travel to 46 states and 3 Canadian provinces within my first year of driving.”

But as much as Reynold’s loved the freedom of driving, he missed home. “I have had the heart of a teacher my entire life and I wasn’t able to teach behind the wheel of a truck,” he said. So, in 2012 when a position opened in the Safety Department at Dupré, Reynolds applied and was accepted.

“This has been an absolute calling from God to put me in this position,” said Reynolds. “I’m able to get out in the field, reach drivers, and share good information with them. My goal is for a driver to hesitate, just for a second, and remember a conversation or some training they’ve had with me. Maybe that information will

keep them from being involved in an accident or getting hurt.”

Reynolds and Dupré as a whole understand the value of their membership and leadership position in the LMTA Safety Management Council (SMC).

“It is so important to be involved with the SMC,” Reynolds said.

“It’s an easy thing to bury your head in the sand and deal with your day-to-day duties. But being a member of the SMC, you’re able to share and team build, then you’re able to bounce ideas off of one another.”

At the end of the day, all the members of the SMC have the same goal: make sure that all of the drivers get home safe.

“I tell my drivers that I am responsible for them all the time,” said Reynolds. “All ten fingers and ten toes need to get home safe.”

As Chairman of the LMTA Safety Management Council, Reynolds has a strong vision for the Council over the next few years. “We certainly need to increase membership and participation. I love seeing the same safety people showing up at events — but I love even more seeing people that I don’t recognize.”

Reynolds concludes with, “We, as safety people, need to keep things in perspective and make things personal. Numbers can be dry and boring, but mostly impersonal. We need to bring that back into focus and realize that there is a driver and a family behind every single number that is in a statistic.”B

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References

Waste Hauling Permit Changes Article (pg 8) 1. Act 278 originated as Senate Bill No. 50 by Senator Dan “Blade” Morrish, and was signed by Governor John Bel Edwards on June 15, 2017.

2. See LPSC General Order dated 1/23/2018.

3. See 49 U.S.C. §14501(C).

4. See LPSC Docket No. R-34054, Proposed Staff Recommendation dated August 3, 2016, page 4 5. See LPSC Docket No. R-34054, Proposed Staff Recommendation dated August 3, 2016, page 5.

6. See Thomas Sandefur, State “Competitior’s Veto” Laws and the Right to Earn a Living: Some Paths to Federal Reform, 38 Harvard Journal of Law & Public Policy 1009 at 1010.

7. Id. 8. Id. 9. Id. 10. See pages 21-29 from the LPSC B&E Meeting Transcript, dated November 12, 2008.

11. See LPSC General Order (R-30297) dated May 30, 2012.

12. See La. R.S. 45:164 prior to the enactment of Act 278 of the 2017 Regular Session.

13. See LPSC Docket No. R-34054, Proposed Staff Recommendation dated August 3, 2016, page 9.

14. See Vacuum Truck Carriers of Louisiana, Inc. v.

Louisiana Public Service Commission, 2008-CA-2340, p. 4 (La. 5/5/09) 15. See LPSC v. Louisiana State Legislature, 19th JDC, Suit No. 659999, Section 24.

16. See LPSC Docket No. T-34587.

17. See LPSC Docket No. T-34440.

18. See LPSC forms T-79, T-79 (Amend), and T-73 for common carrier certificates.

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Advertiser Index Cobbs, Allen & Hall.......................inside front cover & back cover Roadrunner Towing and Recovery INC ......................................2 American Trucking Associations.............................................. 10 Conference & Prepass............................................................ 10 Southern Tire Mart................................................................. 11 JJ Keller................................................................................ 16 Vertical Alliance Group LLC..................................................... 16 ACME Truck Line, Inc.............................................................. 17 Carrier Transicold South........................................................ 17 Transportation Compliance Services USA................................ 19 Wooddale Truck Repair Service............................................... 21 Wells Fargo Equipment Finance.............................................. 22 United Vision Logistics........................................................... 23 Newman Transport LLC.......................................................... 23 TA Truck Service.................................................................... 24 Perkins & Associates, Attorneys at Law................................... 25

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