Illinois - Amazon Web Services · 2014. 12. 5. · Vol.3, Issue 4 Nov/Dec 2014 The Voice of...

Illinois

In This Issue:• ITA Annual Meeting & Expo Highlights

• ITA Elects 2015/2016 Board of Directors• Drug & Alcohol Testing Solutions from ITA

• Stock Transport named Motor Carrier of the Year• CIT Group, Inc. named Allied Member of the Year

Vol.3, Issue 4Nov/Dec 2014

The Voice of Trucking in Illinois for

more than 80 years!Trucking News

November/December 2014

Feature Articles

ITA Annual Meeting & Expo ...................................................................................................8-13

New Rules for Ocean Transportation Intermediaries .......................................................15

Trucking’s Top Ten .........................................................................................................................20

Does Your Corporate Form Match your Insurance? ..........................................................22

Truck Driver Appreciation Week...............................................................................................24

Tolling Existing Interstate a Bad Idea .....................................................................................26

Healthy Trucker ..............................................................................................................................30

ITA Safety Maintenance Council...............................................................................................32

Standard Articles

Message from the Chair ............................................................................................................... 5

Letter from Executive Director .................................................................................................... 7

News from Around the Nation .................................................................................................14

News from Around the State .....................................................................................................16

State Legislative Report ..............................................................................................................18

ITA Calendar of Events .................................................................................................................34

Table of Contents

IllInoIs TruckIng news

Illinois Trucking Association

7000 S. Adams, Suite 130 Willowbrook, IL 60527 (630) 654-0884 - Office

(630) 654-0899 - Fax

932 S. Spring StreetSpringfield, IL 62704

(217) 789-6017 - Office (217) 544-4206 - Fax

www.iltrucking.org

©2014 Illinois Trucking Association

Illinois Trucking News is owned by the Illinois Trucking

Association, Inc. and is published bimonthly.

For additional copies, to order reprints of individual articles, or to become a subscriber to ITN, call the Illinois Trucking

Association offices.

The Illinois Trucking Association is a non-profit,

full-service trade association led by trucking companies to promote and protect the

interests of the trucking industry in Illinois.

Illinois Trucking Association is an affiliate of the American

Trucking Associations.

A publication of the Illinois Trucking Association

November-December, 2014Vol. 3, Issue 4

The content of articles contained in The IllInoIs TruckIng news solely reflects the personal opinions of the authors or contributors and does not necessarily represent the official opinion or position of the ITA, its officers, directors, members or staff. The IllInoIs TruckIng news is intended and designed to provide accurate and authoritative information regarding the subject matter covered. These services are provided with the understanding that the Illinois Trucking Association is not engaging or rendering in any specific legal or professional services.

The products and services advertised in The IllInoIs TruckIng news are not to be construed as being endorsed by ITA, its officers, directors, members or staff.

Our Mission:ITA is a trade organization dedicated to enhancing the effectiveness of its member companies by advocating sound public policies, providing excellence in education, training and information while promoting a safe, dependable and cost effective transportation system.

ITA is committed to articulating the concerns of the trucking industry to government, regulatory bodies and the general public.

ITA further pledges to assist member companies in managing the impact of change in the trucking profession and to enhance the professional and economic growth of our members.

Illinois Trucking Association Staff DirectoryJanet Foote – ITA Executive Administrator

Randy Thomas – Associate DirectorLinda Blisset – Safety DirectorMatt Hart – Executive Director

Contact ITA Staff by calling either of our offices at (630) 654-0884 or (217) 789-6017

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As I type this “ Message from the Chair,“ I realize this will be my last message as your Chairman, to all the wonderful people who have supported myself and the ITA in the past 2 years. I reflect back on the wonderful people I have met and worked with, two years came and went by very quickly. For those of you who attended our 5th ITA Annual Meeting, THANK YOU! I am sure in some way everyone who attended left with the same sentiment as myself – A GREAT MEETING with great speakers and content. Thank you to the Annual Meeting Committee and of course our wonderful ITA staff who spent hours upon hours making sure this was the best Annual Meeting yet. Dueling Pianos ended our festivities and it was a great end to a great conference and meeting. As ITA continues to represent each and every one of you on a daily basis, our work is not complete. We strive to stay “ahead of the game” and with great support of our members we continue to climb that hill. I have been very fortunate during my 2 year term to have great support from the Board, Membership and Staff. During the past 2 years we have seen major changes to our industry and I’m guessing we will continue to see many more in years to come. I will still be around behind the scenes working on draft legislation, increasing our membership, calling on Washington, and representing the ITA as the State VP to the ATA. We as an organization have many things to be proud of: most of all being engaged on a daily basis. The ITA has many qualities that put our association as one of the top State Associations in the Country. Leadership is not being lost with my term being over. Tony Schmidt from Mr. Bults, Inc will be your incoming chairman for the 2015-2016 years. He has a great vision and will be a top notch leader and Chairman. Please show Tony the support you have shown me. I know it’s early but please, from my family to you and yours have the greatest of Holidays. This will be the final edition of Illinois Trucking News for the 2014 year. Please accept my gratitude and well wishes as we enter another year in this great Industry. Signing off as your Chairman! Kevin Lhotak President, Reliable Transportation Specialists IncITA Chairman of the Board

Message from the Chair

Executive BoardChairman of the Board

Kevin Lhotak – Reliable TransportationPresident

Tony Schmidt – Mr. Bults, Inc.1st Vice President

Nick Urso – Bear Cartage2nd Vice President

Rocky Caylor – Caylor Consulting, LLC3rd Vice President

Brian Wasowicz – Triple G EnterprisesSecretary / Treasurer

Melanie Burnham – Hercules FreightLegal Counsel

Jerry Cooper – ScopelitisExecutive Director

Matt Hart – ITA

Executive CommitteeAlan Detmers – Double D

Ray Drake – UPSMike Burton – C&K Trucking

David Moss – Bedford Motor ServiceRandy Vaughn – Superior Carriers

David Burk – Con-Way Bob Stock – Stock Transport

Aaron Tennant – Tennant Truck Lines

General Board MembersJan Hamblin – JJ Keller

John McGovern – Osco OilBryan Ahern – Cassidy TireJim Rys – House of Trucks

Rob Rimmele – Joe Morton & SonsBill Prester – HNI Truck Group

Duke Tomei – USI MidwestBlaine Allred

Emeritus CommitteePerry Mandera – The Custom Companies

Bill McGeean – Bil-MacJack Riley – Cardinal Transport

John “J” Staggs – Super CartageBob Stranczek – Cresco Lines

Kevin LhotakReliable Transportation

1034 S. Brentwood • Suite 210 0 • St. Louis, Missouri 63117 • 314.421.1850www. robertsperryman .com

Driven to Keep You DrivingTrucking Accident Litigation • Cargo Loss and Disputes

• Environmental and Hazardous Material • Workers’ Compensation

• Independent Contractor Issues • Insurance Coverage

• Driver Leasing • Warehousing • Trucking Safety and Auditing

• Regulatory Compliance • Government Affairs • Motor Carrier

Hiring and Retention of Drivers • Pre-Suit Evaluations and Opinions

• Business/Commercial Litigation • Loading and Securement

• Employment Disputes and Discrimination (EEOC)


Letter from the Executive DirectorPromoting and Protecting the

Trucking Industry: One Reporter at a Time

give her total control over the content of the story or to cooperate in hopes that the story would at least be somewhat balanced. I chose the latter and decided that the Illinois Trucking Association would overwhelm her with kindness.

“I realized that in the end, Zekman and CBS 2 would put together ‘2

minutes and 10 seconds’ of whatever they wanted to air, but I wanted to let you all know what the ITA

was doing in our effort to get our message out on safety.”

Thanks to Elisabeth Barna and the American Trucking Associations working over the weekend, we were able to have the ATA’s Image Truck driven from Louisville, KY to the ITA’s Willowbrook office. The truck arrived Monday morning at 8 AM driven by America’s Road Team Captain, Don Conklin. Don lives in the Chicago area and drives for YRC in Chicago every day. He is a five-time qualifier for the National Truck Driving Championship from Indiana. Pam arrived at the ITA office at approximately 10:15 AM and we spoke with her for 45 minutes inside the office. Randy Thomas (ITA Associate Director), Linda Blisset (ITA Safety Director), Don Conklin, and I all spent 45 minutes telling Pam about the truck driving championships, our safety maintenance council, and the hours of service regulations. I also provided Pam with data from the ATA showing that 8 out of 10 times the automobile driver is at fault when there is a crash involving a truck. Once the CBS 2 cameraman arrived, we toured the truck. (By the way, the cameraman’s father was a

long haul truck driver for 30 years.) I was interviewed outside by Ms. Zekman. On camera, I told Pam several times that the trucking industry is devoted to safety. I told her that many studies show that in crashes involving trucks, the automobile driver is at fault 80 percent of the time. I explained that in some cases, truck cameras have provided evidence that the truck driver was not at fault and that the automobile driver caused the crash. I told her that the Illinois Trucking Association does NOT support a mandate on cameras, but that it was up to companies to decide if cameras were a good safety tool for them. Next, Pam got a safety lesson on getting into and out of the truck using three points of contact. After several takes of Ms. Zekman tapping on the brakes and talking about the in-cab camera system, we were able to do a ride-along in the ATA Image Truck. During the ride-along, Ms. Zekman interviewed Don Conklin while he made a loop from our Willowbrook office to County Line Rd, onto I-55 South, and back to IL Route 83 toward our office. When we were on I-55, Pam was able to see at least a dozen automobiles illegally pass us on the right-hand shoulder in slow traffic. Once we reached IL Route 83, we were cut off three more times by automobiles. Don did a fine job speaking about safety and the challenges of driving a commercial motor vehicle, especially in the Chicago area. Once we returned to the ITA Office Zekman did several more takes talking about how studies show that in-cab cameras prevent crashes and save

Matt HartITA Executive Director

You know that the Illinois Trucking Association is a non-profit organization led by trucking companies to promote and protect the trucking industry in Illinois. In late October, we had another opportunity to promote and protect the industry with television station, CBS 2 in Chicago. It is difficult to describe all that goes into a 2 minute news story, but here is our side of the story detailing our efforts to promote and protect you. ITA members will likely recall a story that CBS 2 investigative reporter, Pam Zekman, did in May on CSA safety ratings for trucking companies. That story singled out five trucking companies that were on a FMCSA watch list. In preparation for that story the American Trucking Associations provided significant truck safety data that was completely ignored in the news story as was safety data from the trucking companies. Zekman also did a story in July about trucking companies that pressure drivers to exceed the hours of service regulations. So when Ms. Zekman called the Illinois Trucking Association offices recently late on a Friday afternoon, I was not initially eager to speak with her. She informed me that she was doing a story about in-cab cameras for trucks and that it would be airing in a few days. The story centered on a video she had obtained allegedly showing a driver dozing off as he approaches a disabled car on the side of the road. While speaking with Zekman on the phone, I was faced with a decision to either refuse her questions and Continued on page 29

Illinois Trucking News

Cover Story

The 2014 Annual Meeting of the Illinois Trucking Association took place September 25-27 at the Hyatt Lodge and Hamburger University at McDonald’s Corporation campus in Oak Brook, IL. Trucking leaders from across the state came together with speakers from across the country for the three day event. The Illinois Trucking Association would like to thank all of our gracious sponsors for the biggest and best ITA Annual Meeting ever. Annual Meeting events kicked off Thursday afternoon under sunny skies of Oak Brook Golf Course when 36 golfers playing in the golf outing. Thursday evening, everyone gathered at the Hyatt Lodge for the Welcome Reception and the second-annual Poker Tournament. Matt Wrobel from Foley Services edged out Jason Girardin from Wintrust Commercal Bank and Deb Katz from TMC Brush Corp to win the 2nd Annual ITA poker tournament. Friday morning, trucking leaders from across the state convened to elect officers for 2015-2016. Tony Schmidt (Mr. Bult’s, Inc.) was elected Chairman of the ITA. Nick Urso (Bear Cartage) was elected President. Brian Wasowicz (Triple G Enterprises) was elected 1st Vice President, Melanie Burnham (Hercules Forwarding) was elected 2nd Vice President, and Bob Stock (Stock Transport) was elected 3rd Vice President. Randy Vaughn (Superior Bulk Logistics) was elected Secretary/Treasurer. Mike Burton (C&K Trucking), Alan Detmers (Triple G Express), David Moss (Bedford Motor Service), David Burk (Con-way Freight), Ray Drake (UPS), and Aaron Tennant (Tennant Truck

Lines) were all re-elected as Executive Committee members. In addition, David Schultz (Prairie Creek Logistics) was elected as a new member to the Executive Committee. General Board Members approved at the ITA Annual Meeting include Rocky Caylor (Caylor Consulting), Bill Prester (HNI Truck Group), Jan Hamblin (JJ Keller), Rob Rimmele (Joe Morton & Sons), Jim Rys (House of Trucks), Duke Tomei (USI Midwest), Mark Danhauser, (Custom Companies) and Bryan Ahern (Cassidy Tire). Two new General Board Members where elected: Laura Nussbaum from CIT Group, Inc. and John Bidochka from JX Peterbilt. Following the ITA business meeting and elections, attendees were able to participate in breakout sessions that included Dan Meyer, FMCSA Division Administrator, Terry Montalbano from the Illinois Secretary of State, M/Sgt Todd Armstrong from IL State Police, Tom Wise from IL DOT, Dr. Khan from LaGrange Medical, Ryan Pischke from Georgantas Claims, Greg Becker from Northland Insurance. Breakout sessions also included a panel discussion on ELDs with Cindy Davies of JJ Keller, Angelo Matera from Omnitracs, and Dave Lempke from Rand McNally. Friday’s General Session began with a special presentation from the American Trucking Associations’ Elisabeth Barna to talk about Trucking Moves America Forward. Rebecca Brewster, President & COO for the American Transportation Research Institute (ATRI) spoke to attendees about the latest in trucking research. Attendees where then treated to lunch

at the Expo, where vendors displayed the latest in products and services for the trucking industry. Following lunch, the Illinois Trucking Association welcomed entrepreneur and candidate for governor, Bruce Rauner. Friday’s General Session concluded with Dave LaPorte advising trucking companies on how to survive a high profile truck crash. Friday evening Annual Meeting attendees were able to unwind and enjoy time together at the Lakeside Cookout. Perfect weather conditions combined with great food, music, and friends, to make for an excellent evening lakeside at the Hyatt Lodge. Saturday morning, more valuable breakout session included John Bidochka from JX Peterbilt, Scott Claffey from Great West Casualty Company, and Dave Misura from Plante Moran. Saturday’s General Session included a positive outlook on the economy from ATA Chief Economist, Bob Costello and a lively discussion on solving the driver shortage with a panel that included Jim Alvarez (UPS), Jeff Clark (Eagle Training Services), and Andy Mayfield (Con-way). Saturday afternoon, the ITA Annual Meeting moved to nearby Pinstripes for Bowling, Bocce, and Brews. Annual Meeting attendees had the chance to eat lunch and network while competing for dozens of prizes. Mike Orlowski from Klos Trucking and Matt Koziol from Leahy-Wolf teamed up to win the Bowling Tournament. Ray Drake and Jim Alvarez from UPS

Continued on page 9

September 25-27, 2014Hyatt Lodge & Hamburger University – Oak Brook, IL

2014 Illinois Trucking Association Annual Meeting & Expo HIGHLIGHTS


won the Bocce Tournament. And the winner of the football pool was Mary Beth Drake who won a tie breaker over Tiffany Rakis from J&L Services. Saturday evening, ITA board members were honored at the Chairman’s Banquet. ITA board members volunteer their time to serve the Illinois Trucking Association. ITA presented each board member with a special gift. Kevin Lhotak, 2013-2014 ITA Chairman was honored with a crystal truck for his leadership of the ITA the past two years. ITA also announced their annual award winners. Stock Transport was honored as Motor Carrier Member of the year. CIT Group, Inc. earned

Cover StoryContinued from page 8

honors as the ITA Allied Member of the Year. In addition, Universal Technical Institute earned the ITA’s Maintenance Professional of the Year award and Dave Moss from Bedford Motor Service took home the Safety Professional of the Year award. Brian Wasowicz from Triple G Enterprises was also honored as the ITA Good Citizen of the Year. Following the ITA Annual Awards, Dueling Pianos took over and rocked the house as ITA members danced and sang the night away. The evening concluded with the ITA’s $2,000 Super Jackpot Raffle. This year’s winners, Julie Wasowicz and Melanie Burnham graciously decided to donate the prize. They donated $1,000 to Special Olympics for the Truck Convoy and they donated $1,000 to start a foundation

for the Illinois Trucking Association. The Illinois Trucking Association would like to thank each and every sponsor, exhibitor, speaker, and attendee that made the 2014 Annual Meeting our biggest and best event ever. The event was truly a great event with so many great people. ITA would also like to thank our Annual Meeting Committee that devoted so much of their time to making the 2014 Annual Meeting a success: Bob Stock, David Schultz, Dave Moss, Brent Boesdorfer, Aaron Tennant, Laura Nussbaum, John Bidochka, and Gina Novotny. Mark your calendars now for the 2015 ITA Annual Meeting, September 17-19 at the Marriott Hotel & Conference Center in Bloomington/Normal.

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The Illinois Trucking Association is pleased to announce DOT Drug & Alcohol Testing solutions available exclusively to ITA Members. The ITA’s Drug & Alcohol Testing Program provides: One fee per driver, per year for all random testing Quarterly Random Tests means you only deal with

random testing four times each year. Your Choice: Clinic-based testing OR Onsite Testing Includes a D&A Testing Policy Support 24 hours/day with collectors nationwide Additional Services from ITA include: Legislative Representation & Regulatory Guidance Weekly Newsletter with latest state and national

trucking news Access to ITA affiliates in all 50 states Safety Maintenance Council Motor Carrier Services including: Permits, Licensing, PSP, IFTA, 2290s, and a Certified Director of Safety (CDS) on staff for our members For more information on the Illinois Trucking Association, call our offices at (217) 789-6017 or (630) 654-0884 or visit us at www.iltrucking.org.

The Illinois Trucking Association is a non-profit, full service trade association led by trucking companies to promote and protect the interests of the trucking industry in Illinois.




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2014 ITA Annual Meeting


Stock TransportTennant Truck Lines

McLeod ExpressC&K Trucking

Bedford Motor ServiceNorgaard Trucking

RAE TransportBoesdorfer Trucking

Caylor Consulting

Center for Sleep MedicineInland Power GroupMidwest Utility, Inc.Katz Sapper & Miller

Brahler’s Truckers SupplyLaPorte CSA

US Oil / Gain Clean FuelsOmnitracsPeopleNet

PREMIERE SPONSORS

Platinum SponsorsCIT Group, Inc.

Gold SponsorsTruck Centers, Inc.

JJ Keller & AssociatesBridgestone

Great West Casualty CompanyScopelitis, Garvin, Light, Hanson, & Feary

Sprint

Silver SponsorsUPS

Mr. Bult’s, Inc. (MBI)Cardinal Transport

Prairie Creek LogisticsHNI Truck Group

Roberts Perryman AttorneysCline Wood Agency

TransChicago Truck GroupNorthland Insurance

Marvin Johnson & Associates, Inc.Detroit Diesel

Bronze Sponsors

ANNUAL MEETING EVENT SPONSORS

Reliable Transportation Specialists, Inc.

Bear Cartage

Hercules Forwarding

The Brake Releaser / J&L Services

ILoca Services

HNI Truck Group

Mr. Bult’s, Inc. (MBI)

Triple G Enterprises

Superior Bulk Logistics

Osco Oil

UMB Bank

American Trucking Associations’ Membership Team

Center for Sleep Medicine

Pro Drivers

Sprint

Double D Express

Williams National Lease

Con-Way Freight

Cottingham & Butler

Iowa 80 Group

Sullivan Hincks & Conway

TransChicago Truck Group

“Friends of the ITA”


2014 ITA Awards

Maintenance Professional of YearUniversal Technical Institute

Allied Member of the Year CIT Group, Inc.

Laura Nussbaum

Safety Professional of Year Dave Moss, Bedford Motor Service

Motor Carrier of the YearStock Transport

Bob Stock

Good Citizen Award Brian Wasowicz, Triple G Enterprises


ATA ELECTS NEW CHAIRMAN

News From Around the Nationof three Blue Coat awards given to individuals that have been instrumental in growing membership in the ATA federation over the past year.

DATE FOR FULL IRP RECIPROCITY CAN VARY (By Bob Pitcher, American Trucking Associations) Readers of the SLN will know that the International Registration Plan has adopted full reciprocity (often abbreviated FRP), effective with the renewal of a carrier’s IRP fleet registration taking effect on or after January 1, 2015. IRP registrants with FRP will automatically have all the IRP states and provinces on their cab cards, and will be authorized automatically to travel into any of them (as far as registration goes, that is - there may be other requirements unrelated to registration). No need for them to buy permits for states added during the year, no estimated miles, no additional fees for new states. But not all IRP fleets’ registration years end with the end of the calendar year on December 31. Many states have adopted what’s called staggered registration, and fleets based in those states will have registration effective dates later in the year, and therefore full reciprocity will not be effective for those fleets until later on in 2015, when their years expire.

HOURS OF SERVICE TOPS 2014 LIST OF INDUSTRY ISSUES On October 6, the American Transportation Research Institute (ATRI), unveiled its list of the top ten critical issues facing the North American trucking industry. Operational impacts being experienced across the supply chain from the changes to the Hours-of-Service (HOS) rules that went into effect in 2013 once again propelled the HOS rules to the top of the list in ATRI’s annual survey of more than 4,000 trucking industry stakeholders. The ATRI Top Industry Issues report also solicited

and tabulated specific strategies for addressing each issue. Coming in a close second to the HOS rules in terms of industry concern is the growing driver shortage, which replaced the Federal Motor Carrier Safety Administration (FMCSA) Compliance, Safety, Accountability (CSA) program as the number two issue. However, a number of challenges still exist with CSA, which ranked third overall on the 2014 list. Related to the driver shortage, driver retention moved to fourth place from seventh place in 2013 as trucking fleets work to retain their most experienced and qualified drivers. Finally, industry concern over the timing and specifics of the pending FMCSA Final Rule on electronic logging devices (ELDs) caused this issue to round out the top five industry issues of 2014. For more details on the industry’s top issues, please visit www.atri-online.org. ITA Executive Director, Matt Hart, serves on ATRI’s Research Advisory Committee.

Need supplies?

Order supplies directly from the Illinois Trucking Association

ITA-Willowbrook Office(630) 654-0884

or

ITA-Capital City Office(217) 789-6017

• DOT Physical Forms• Driver Qualification Files• DOT Handbooks

The board of directors of American Trucking Associations officially elected Duane Long as its new chairman on October 8 at the conclusion of the ATA’s Management Conference & Exhibition. “I am honored that my fellow ATA members have shown tremendous faith in me to trust me with such a remarkable opportunity,” Long said. “Our industry and our association are both poised for great things in the coming years and I’m humbled to have been chosen to lead ATA through this time.” “I have great faith in Duane and tremendous confidence that he will be an outstanding chairman,” said ATA President Bill Graves. “His energy and enthusiasm will serve ATA and our industry very well this year.” Long replaces Philip Byrd Sr, president of Bulldog Hiway Express in Charleston, SC. The Illinois Trucking Association congratulates Duane Long on his election as Chairman of our national affiliate and we thank Phil Byrd for his service as ATA Chairman during the past year.

ITA HONORED BY ATA MEMBERSHIP COMMITTEE The Illinois Trucking Association was recently honored by the American Trucking Associations’ membership committee at the ATA’s Management Conference & Exhibition. ITA Chairman, Kevin Lhotak, was presented with the Dameo Award for his work in helping to grow the ATA federation. In addition, ITA Executive Director, Matt Hart, was also awarded one


On Friday, October 10, 2014, the Federal Maritime Commission (“FMC”) published its Notice of Proposed Rulemaking (“NPRM”) proposing an overhaul to its regulations governing Ocean Transportation Intermediaries (“OTI”), including Non-Vessel Operating Common Carriers (“NVOCCs”) and Ocean Freight Forwarders (“OFFs”). Comments regarding the new NPRM are due no later than December 12, 2014. As explained below, the proposal applies not only to OTIs, but also to any entity that advertises or holds itself out to provide OTI services. The FMC previously published an Advanced Notice of Proposed Rulemaking (“ANPRM”) in this same matter in May of 2013. The ANPRM announced numerous proposals by the FMC that would increase regulatory burdens on OTIs and many OTIs objected to it notably in comments to the ANPRM. The NPRM represents the Commission’s proposal after considering those initial comments. The NPRM remains more restrictive, but, from the OTI’s perspective, it is an improvement over the earlier ANPRM.

The following proposals contained in the ANPRM have been removed from the NPRM: 1. Financial Responsibility: The FMC is no longer proposing any increases to financial security and had deleted the tiered claim process. 2. Agency Agreements: The FMC had previously proposed detailed documentation requirements regarding OTIs and agents acting on the OTI’s behalf have been stricken. 3. Advertising: The FMC is no longer proposing that OTI advertisements be required to include the OTI’s license and registration numbers or their principals’ names and addresses. The above favorable changes notwithstanding, the FMC is still proposing to require that OTI’s renew their licenses. Rather than the two-year renewal period proposed by the ANPRM, the NPRM proposes a three-year renewal period. OTIs voiced concern in their comments to the ANPRM that the renewal would open the door to detailed investigations by the FMC, and in the NPRM, the FMC

FEATURE

Federal Maritime Commission Proposes New Rules Governing OTIs by By Nathaniel Saylor, Scopelitis, Garvin, Light, Hanson & Feary

is careful to state that the renewal process “will not trigger a detailed Commission review or consideration of the character and eligibility of existing licensed OTIs”. The NPRM also includes a streamlined appeal process for denied license applications and revocation and suspension proceedings, which currently require a full evidentiary hearing process. Relevant to non-OTIs is a proposal whereby it is illegal to “advertise or hold out to provide OTI services unless that person holds a valid OTI license or is registered under this part.” If this provision makes its way into the final rule, then non-OTIs that purport to offer, for instance, “air and ocean” services to clients, will need to consider whether they can continue to do so. The rule also makes official various informal rules that the FMC has historically imposed on new applicants including documenting those matters that the FMC will consider in determining whether a qualifying individual has the necessary character to act in that capacity.


ILLINOIS TRUCK TOLLS GOING UP 40% IN JANUARY Toll rates for trucks will increase 40% on January 1 on the Illinois Tollway. The 2015 toll increase is the first year of a three year, 60% toll increase on trucks. The truck toll increase that was approved back in 2008, calls for a 40% increase in 2015, a 10% increase in 2016, and a 10% increase in 2017. Beginning in 2018, tolls on trucks will increase every year automatically according to the consumer price index, which currently averages 2.59%. For more information on the Illinois Tollway, please visit www.illinoistollway.com.

TRUCK CONVOY FOR SPECIAL OLYMPICS

Delivery, Walmart Transportation, The Custom Companies, Double D Express, CIT Group, Cardinal Transport, G&D Integrated, JX Peterbilt, Mr. Bults, Inc., Triple G Enterprises, Con-way Freight, RelaDyne, Ozinga Ready Mix, JB Hunt, and Nuway. For more info on the Illinois Convoy, please visit www.soill.org.

IL RULES AGAINST SUB-S SHAREHOLDER(by Bob Pitcher, American Trucking Associations) The Illinois Department of Revenue has issued an information letter (one of those releases that a state declares is neither its policy nor binds it in any way, but publishes anyhow) that in effect says a shareholder of a Subchapter-S (closely-held) corporation may be taxed on his distributive share of corporate income both by his state of residence (Illinois) and by the corporate domicile (Ohio). The taxpayer owned 20 percent of the company, which was incorporated in Ohio. Ohio law required that a distribution from a pass-through entity like this one had to be apportioned by any owner of an interest of 20 percent or more in the entity. So the taxpayer filed a non-resident Ohio personal income tax return, and paid Ohio tax on the distribution, which Ohio law characterized as wages. He then filed a resident income tax return with Illinois, where he lived, claiming a credit for the taxes he’d paid to Ohio. The credit was denied, and, the letter now concludes, properly denied, under Illinois law. Since he was an Illinois resident, says the department, the taxpayer’s “service” on account of which he received the distribution from the company must be considered to have occurred in Illinois, and such “wages” must be allocated entirely to Illinois. There is language in the letter which indicates how difficult it can be to resolve with the department a tax issue of any complexity. Illinois Department of Revenue, IT 14-0002 GIL, dated February 13, 2014, released September 2014, and posted on-line

News From Around the Statehere: http://www.revenue.state.il.us/LegalInformation/Letter/rulings/it/2014/IT-14-0002.pdf. Since this is a continuing problem for this taxpayer, it seems he may take Illinois - or would it be Ohio? - to court.

PACKARD TRANSPORT CELEBRATES 25 YEARS Packard Transport, Inc., a nationwide long-haul motor carrier is pleased to announce its 25th year in business. Founded on October 24, 1989 by Rex D. Easton and the late Walter J. Kobos, Packard Transport was established with the goal of developing the finest truckload freight carrier utilizing independent owner operators exclusively. “Today, Packard Transport, Inc. is a leading nationwide long haul carrier. We are very proud of this accomplishment and grateful to our customers, independent owner operators, sales agents and staff who have been instrumental in achieving this milestone,” stated Rex D. Easton, Chairman. Currently more than 200 owner-operators provide flatbed, step deck, drop deck and van services to Packard Transport customers, including Fortune 500 companies and the U.S. Department of Defense. In addition, more than 125 independent sales agents represent Packard Transport across the U.S. Packard Transport specializes in hauling commodities including air handling units, aluminum, building materials (including insulation and steel), government freight, mining equipment, and truck bodies. ITA congratulates Packard Transport on 25 years of service.

DRIVER SHORTAGE IS TOP ISSUE FOR ILLINOIS CARRIERS The American Transportation Research Institute (ATRI), unveiled its list of the top ten critical issues facing the North American trucking industry.

The Illinois Trucking Association was pleased to participate once again in the World’s Largest Truck Convoy for Special Olympics on October 3. 117 trucks participated in this year’s convoy, which raised $43,000 for Special Olympics. The Illinois Trucking Association presented Special Olympics with $1,000 that was donated by Triple G Express and Hercules Forwarding when they won the Super Jackpot Raffle at the ITA Annual Meeting. ITA members that participated in the Truck Convoy this year include McLeod Express, LLC, Al Warren Oil Company, First Choice Logistics, House of Trucks, Maritime Continued on page 29

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The Illinois Trucking Association will be working to override Governor Pat Quinn’s veto of ITA legislation that would reduce speed limit differentials between cars and trucks in rural areas near Chicago. Lawmakers return to Springfield November 18-20 and December 4-6. ITA encourages everyone to reach out to your lawmaker and ask them to override Governor Quinn’s veto of SB 930. As reported in our last issue, Governor Pat Quinn vetoed legislation initiated by the Illinois Trucking Association that would reduce the 15 MPH speed limit differential between cars and trucks in rural areas near Chicago. SB 930 was unanimously approved by the Illinois Senate (58-0) and by the Illinois House (114-0). SB 930 is legislation that was initiated by the Illinois Trucking Association only after the Illinois Department of Transportation (IDOT) declined ITA’s request to reduce automobile speed limits and restore a 10 MPH difference between cars and trucks in rural areas near Chicago. Prior to 2014, rural areas in the counties near Chicago had a car speed limit of 65

State Legislative ReportMPH and a truck speed limit of 55 MPH. On January 1, when Public Act 98-0511 took effect, IDOT created several areas near Chicago where the truck speed limit is capped at 55 MPH and the car speed limit was raised to 70 MPH: a new 15 MPH difference. On January 27, 2014, ITA submitted a formal request to IDOT asking the agency to reduce car speed limits back to 65 MPH in these areas to restore the 10 MPH difference between cars and trucks. In a February 21 letter to the Illinois Trucking Association, IDOT declined the request. Consequently, the Illinois Trucking Association then turned to the General Assembly to seek legislation that would raise the truck speed limit in this area by 5 MPH in order to restore a 10 MPH difference between cars and trucks. The Illinois Department of Transportation and the Illinois State Police both took a neutral position on SB 930 while the bill was being debated during the Spring Legislative Session. In fact, SB 930 was even amended at the request of IDOT. However Governor Quinn vetoed the bill.

The Illinois Trucking Association did not support raising the speed limit from 65 to 70 MPH in Public Act 98-0511. At the very least, ITA was hopeful that Governor Quinn’s administration would keep automobile speed limits near Chicago at no more than 10 MPH above the truck speed limit of 55 MPH. IDOT was not willing to lower the car speed limit, so to restore a 10 MPH difference between cars and trucks, the ITA was forced to initiate SB 930 to bring cars and trucks back to a 10 MPH difference. ITA Executive Director, Matt Hart says he is hopeful that lawmakers will vote during the veto session the same way that they did this spring. “The Illinois Senate voted 58-0 to pass SB 930. The Illinois House voted 114-0 to pass the bill. We believe that lawmakers saw the legislation as a reasonable request to restore a 10 MPH difference between cars and trucks in rural areas near Chicago. We sincerely hope that the legislature will support their previous vote during the veto session.”

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For the past decade, the American Trucking Associations has turned to the American Transportation Research Institute (ATRI) to survey trucking industry stakeholders to identify the top issues of concern. The dynamic shifting of industry priorities over the past ten years demonstrates the complexity of operating in an industry so vital to the economy yet so impacted by forces outside of our immediate control. In the early years of the survey, the rising cost and limited availability of fuel registered as a top concern, along with the driver shortage. With the onset of the Great Recession, the economy first emerged as an industry concern in 2008 and spent three years as the number one industry issue from 2009 – 2011. Other issues in the survey’s early years but which have since dropped off the top 10 list include truck security, driver training, insurance costs and environmental issues. While still representing significant challenges for the industry, these issues have been eclipsed by emerging concerns including the lack of available truck parking, the upcoming Electronic Logging Device (ELD) mandate and commercial driver health and wellness. In the survey’s first six years, industry stakeholder concern over the growing scope of federal and state oversight of trucking was captured as one issue, Government Regulations, which peaked in 2009 at the number two spot on the survey. However, that concern disaggregated into several stand-alone issues in more recent years, among them hours-of-service and the deployment of the Federal Motor Carrier Safety Administration’s Compliance, Safety, Accountability (CSA) program. CSA first appeared on the top industry issues lie in 2010, ranking second overall and it has

FEATURE

The Trucking Industry’s Top 10Rebecca M. Brewster, President and COO

American Transportation Research Institute

continued to rank in the top five issues since. One issue has been on the list, and among the top five concerns annually, since the survey started in 2005. The hours-of-service (HOS) rules continue to dominate the collective industry’s concern and that level of concern has been closely tied to the impacts of federal rulemaking, regulation changes, rule vacating and the most recent changes to the rules, which went into effect in 2013. In 2014 the HOS rules were once again the top ranked issue by survey participants as the supply chain continues to experience negative impacts from the changes to the rules which limit the use of the 34-hour restart provision and mandate a 30-minute rest break before driving after eight hours. Among the impacts being experienced by the industry are 80 percent of surveyed motor carriers in ATRI’s research, Operational and Economic Impacts of the New Hours-of-Service Rules, who indicated a loss of productivity attributable to the new rules. Coming in as a very close second place this year is the Driver Shortage which, like the HOS rules, continues to plague the supply chain at large

as motor carriers struggle to find qualified drivers to meet freight demand. Anecdotally, numerous carriers are now turning away revenue and loads due exclusively to the driver shortage, which could have an impact on economic growth as well as inflation. Rounding out the top three this year is CSA, reflecting continued industry concern over the way that carrier safety performance is evaluated under CSA. Number four on the list is Driver Retention, closely tied to the Driver Shortage, as carriers struggle to identify strategies for maintaining their best drivers while simultaneously searching for qualified new entrants. Rounding out the top five issues in the annual survey is the Electronic Logging Device (ELD) mandate. The emergence of the mandate as an industry concern coincided with the passage of MAP-21 in 2012, which included a requirement that FMCSA issue a final rule on ELD use for HOS tracking. Earlier this year, FMCSA issued a Supplemental Notice of Proposed Rulemaking to address a number of concerns identified by industry stakeholders in the first ELD proposed rule, but the industry continues to await the issuance of the ELD Final Rule. Issues 6-10 in the 2014 annual survey are all critical and impact motor carriers on a day-to-day basis and the inter-connectivity of the issues is unmistakable. Truck Parking (#6) has received increased attention as the new HOS rules brought heightened awareness to the dramatic shortage of safe and available parking. In many locations around the country, the scarcity of truck parking can sometimes create a dangerous dilemma for drivers who must

Continued on page 21

2014 Top Industry Issues1. Hours-of-Service2. Driver Shortage3. CSA4. Driver Retention5. Electronic Logging Device Mandate6. Truck Parking7. Infrastructure/Congestion/

Transportation Funding8. Driver Health/Wellness9. Economy10. Driver Distraction


choose between continuing to drive beyond allowable HOS rules to find safe parking or park the vehicle in an undesignated location. Number seven on this year’s list is a combination of issues that impact the trucking industry’s workplace – Infrastructure/Congestion/Transportation Funding. In 2013 ATRI identified trucking industry costs of $9.2 billion associated with congestion on the Interstate system. The negative impacts of congestion, crumbling infrastructure and the expiration of MAP-21 and the need for a long-term transportation funding solution ensure that these issues will remain on the industry’s top 10 list for the foreseeable future. The number eight issue, Driver Health and Wellness, is appearing on the top ten list for the third year in a row. Given the concerns over driver

Trucking Industry’s Top 10Continued from page 20

retention and the driver shortage, as well as potential health issues related to truck driver lifestyle challenges, there has been a concerted effort to make the trucking industry healthier. No issue experienced a larger drop in ranking than this year’s number nine issue, the Economy. It first appeared on the top ten list in 2008 and for three years it remained the number one issue (2009 – 2011). However, as the economy has continued to recover, it has been dropping in ranking and this year it dropped from number four to number nine on the list. This year there was a new entrant to the list of top ten concerns. Coming in at number ten, Driver Distraction reflects the growing attention on the dangers of texting and driving by all drivers and their impact on highway safety. The Top Industry Issues Survey provides an important indicator of where the industry’s attention is focused and which issues may rise

to prominence in the near future. It’s an important tool for providing direction to industry groups at the state and national levels in terms of the issues and strategies that motor carriers believe will have the most impact on the industry for years to come. Armed with this information, state trucking associations and the American Trucking Associations are better equipped to address the issues more broadly and proactively. ATRI is the trucking industry’s 501(c)(3) not-for-profit research organization. It is engaged in critical research relating to freight transportation’s essential role in maintaining a safe, secure and efficient transportation system. A copy of the 2014 Top Industry Issues Survey analysis report is available from ATRI at www.atri-online.org.

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The corporate form of a business entity determines whether its members will be held personally liable for obligations of the entity. The principal(s) can choose one of various corporate forms, including corporations, limited liability companies (LLC), limited liability partnerships (LLP), and general partnerships. Under Illinois law, shareholders of a corporation typically are not responsible for the debts of the corporation. Furthermore, members of an LLC and limited partners of an LLP are generally not held personally liable for the debts of the company. In contrast - - as a rule - - each general partner in a general partnership is potentially liable. This rule means that general partners are personally exposed for any obligations of their partnership. However, the law only allows a claimant one bite at the apple, which is referred to as res judicata. This legal doctrine is a court’s determination on whether to allow a second action to proceed. It is based on equitable principles of fairness and is intended to prevent multiple lawsuits between the same parties involving the same facts and issues. Andrews v. Gonzalez (decided September 30, 2014) is the first Illinois case to find that the doctrine of res

on res judicata, arguing that Andrews’s claim was barred because Dagoberto had already obtained a judgment in his favor in the personal injury lawsuit. Dagoberto argued that this was merely “an attempt to get a second bite of the apple.” The circuit court agreed with Dagoberto and granted his motion to dismiss. In reversing the circuit court’s dismissal of Andrews’s claim, the Appellate Court began by noting that Illinois courts have never directly addressed the issue of whether a judgment creditor may sue an individual partner to enforce the partnership’s obligation when the partner was named in the underlying action and found not liable. Thus, the Court looked to cases with similar rulings from Indiana and Ohio state courts and the U.S. Court of Appeals, Fifth Circuit. The Appellate Court noted that an unsatisfied judgment against a partnership does not prevent a claimant from enforcing the individual liability of a partner. The Court reasoned that there are two ways to establish the liability of a partner: (1) by showing that an individual partner was liable, personally or vicariously, for an injury; and (2) by showing

FEATURE

Are Your Corporate Form and Your Insurance Coverage Providing the Protection You Need?

Brian J. Hunt, Managing Principal of The Hunt Law Group, LLCjudicata does not protect general partners from being held personally liable for an unsatisfied judgment against their partnership. In February 2007, William Andrews was injured in an automobile accident by an employee of G & G Cement Contractors (G & G), an Illinois general partnership owned by two brothers, Dagoberto and Jose Gonzalez. Andrews filed suit against G & G, the driver of the company car, and both Gonzalez brothers, alleging negligence in causing the accident. Jose Gonzalez died while the case was pending, and his estate was substituted as a defendant. Following a trial, the jury returned a verdict against G & G and the driver, but found in favor of Dagoberto and the estate of Jose Gonzalez. The jury ultimately awarded Andrews $3,092,000 in damages. At the time of the accident, G & G was insured under a business auto policy issued by Century National Insurance Company (CNIC) with a policy limit of $300,000. Ultimately, the circuit court ordered CNIC to pay the policy limit of $300,000 plus interest to Andrews. In July 2013, Andrews filed a new complaint seeking to recover the remainder of the judgment from Dagoberto’s personal assets. Dagoberto moved to dismiss the complaint based

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that partnership assets have been exhausted. The Court went on to state that it is impossible for a judgment creditor to prove that partnership assets have been exhausted until a judgment has been obtained against the partnership. The Court reasoned that this is not a situation where the claimant seeks two bites of the same apple, but instead, it involved two separate and distinct apples. The first apple being the liability of the trucking partnership (and any direct liability of Dagoberto) and the second apple being Dagoberto’s responsibility for unsatisfied partnership obligations. Accordingly, the Appellate Court found that Dagoberto, as a general partner of G & G, was personally liable for the partnership’s unsatisfied judgment. Lastly, Andrews v. Gonzalez ought to stand as a reminder that carriers need to regularly evaluate their insurance coverage. G & G’s insurance coverage was clearly insufficient for

the exposures its drivers encountered. Carriers should look at awards made in the venues where they operate to determine whether their coverage is adequate. For example, Madison and St. Clair Counties, Illinois were identified in 2014 as “judicial hellholes” by the American Tort Reform Foundation (ATRF), where substantial monetary judgments have been awarded. Additionally, as recently as 2011, Cook County, Illinois was also considered a “judicial hellhole” by the ATRF. Andrews v. Gonzalez is an excellent example of why an entity must carefully choose its corporate form. Corporate forms such as a corporation, LLC, or LLP generally offer greater protections for individual members or partners. After choosing a form, an entity must be sure to observe the corporate formalities required so that courts will recognize its limited liability and its members will be shielded from individual liability. In such matters, an ounce of prevention is worth more than a pound of cure.

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National Truck Driver Appreciation Week

National Truck Driver Appreciation Week was celebrated across the country September 14-20. Many ITA members held cookouts, family picnics, or parties for their drivers to say thank you to the men and women that make up 74% of the workforce in the trucking industry. On September 17, ITA teamed up with JX Peterbilt and the Greater Chicago I-55 Auto/Truck Plaza in Bolingbrook, IL for another Driver Appreciation Cookout. On September 19, ITA teamed up with Love’s to host a Truck Driver Appreciation in LeRoy, IL for another Driver Appreciation Cookout. Dot Foods graciously donated 500 hotdogs for the cookouts as the Illinois Trucking Association thanked drivers for all that they do each day. Photos from the events are on the ITA Facebook page at www.facebook.com/iltrucking.

Illinois Trucking Association Member Truck Driver Training Schools• John Wood Community College / Quincy, IL• Kishwaukee College / Malta, IL• Spoon River Community College / Canton, IL• Richland Community College / Decatur, IL• Harper Community College / Palatine, IL• Olive-Harvey College / Chicago, IL• Eagle Training Services / Lake in the Hills, IL• Rend Lake College / Ina, IL• Danville Area Community College / Danville, IL• College of DuPage / Addison, IL• College of Lake County / Grayslake, IL• Lincoln Land Community College / Springfield, IL• Illinois Valley Community College / LaSalle-Peru, IL• Prairie State College / Chicago Height, IL• Midwest Technical Institute / Springfield, IL• Shawnee Community College / Ullin, IL• Lake Land College / Mattoon, IL• Lewis & Clark Community College / Godfrey, IL

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Our interstate system has facilitated an unrestricted supply chain of goods, services and people quickly and efficiently for the better part of 50 years. Interstates are indispensable infrastructure for every aspect of our economy, and critical for our competitiveness. For the general citizenry, these freeways determine quality of life. However, the state has no long-term plan for how to comprehensively fund maintenance and improvements. We caution that some libertarians and policymakers are advocating placing tolls on existing interstate lanes, suggesting it is the political and funding panacea. In reality, as has been shown time and again, this notion of tolls as savior is fool’s gold and too costly for everyone. Even if you can get past the compromised principle of paying for the same road twice — both with a fuel tax and a toll tax — there are other reasons why placing tolls on currently non-tolled interstate lanes will create costly inefficiencies in the supply chain. First, tolls are expensive to administer, collect, and enforce, with costs sometimes reaching 33.5% of the revenue generated. Transportation is fundamental to the economy, and as

FEATURE

Tolling Existing Interstates is a Bad Ideaby J. Richards Todd, President & CEO of the South Carolina Trucking Association

such should not be taxed inefficiently. Compare that with the current cost to administer the gas tax, which is 1% of revenue generated, and it’s clear tolling is not cost effective, certainly not a “conservative” way to tax. Second, its proven drivers, especially commercial fleets, avoid tolls by diverting onto secondary roads, leading to longer, less efficient routes with safety issues. Third, they are generally prohibited by federal law, although some think tanks and their private-sector funders want to change that. And finally, people simply hate tolls — unless they’re optional. Some states have considered them. A 2009 study on the impacts of proposed tolls on Interstate 80 in Pennsylvania estimated shippers, truckers, and consumers would suffer a combined annual deadweight loss in the tens of millions of dollars per year just due to tolls. In North Carolina, projected traffic diversion from proposed tolls on Interstate 95 would have cost businesses along the corridor an estimated $1 billion in revenue over several decades due to toll-averse highway users bypassing their businesses along with the tolls. Virginia, home to one of the largest ports in the United States, toyed with

tolling existing lanes on I-95 as part of a transportation funding plan. Instead, the state passed a comprehensive transportation funding reform bill that included a provision effectively prohibiting I-95 tolls. They all realized punitive and inefficient toll charges, combined with diversion, would impact the whole supply chain. There is no question that the long-term sustainability of this network must be a priority, and growing states like South Carolina will have to accelerate investments, with the legislature and the DOT Commission making funding interstates their top priority. Allowing states to balkanize, and in some cases even “monetize,” these public assets is bad public policy. It would also be a betrayal to those businesses and consumers who have established presences along a newly tolled corridor.There are sensible, fair and cost-effective solutions that don’t unduly stifle growth and efficiency. But tolling existing lanes of interstates is not one of them. There are reasons why no state has ever tolled existing lanes of interstate. We don’t need to go there. J. Richards Todd is president and CEO of the S.C. Trucking Association.

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Federation of Trucking Associations When you are a member of the Illinois Trucking Association, you are part of a federation that includes 50 state trucking associations and industry- related conferences and councils. Altogether, these organizations make up the federation of the American Trucking Associations, which traces its origins to a meeting in Illinois in 1933 between the American Highway Freight Association and the Federation Trucking Associations of America. The Federation is the largest national trade association for the trucking industry. For your convenience, here is a list of associations and affiliates.

State Associaiton Website Chief ExecutiveAlabama Alabama Trucking Association www.alabamatrucking.org J. Frank FilgoAlaska Alaska Trucking Association www.aktrucks.org Aves ThompsonArizona Arizona Trucking Association www.arizonatrucking.org Tony BradleyArkansas Arkansas Trucking Association www.arkansastrucking.com Shannon NewtonCalifornia California Trucking Association www.caltrux.org Shawn YadonColorado Colorado Motor Carriers Association www.cmca.com Greg D. FultonConnecticut Motor Transport Association of Connecticut www.mtac.us Michael J. RileyDelaware Deleware Motor Transport Association M. Lee DericksonFlorida Florida Trucking Association www.fltrucking.org Ken ArmstongGeorgia Georgia Motor Truck Association www.gmta.org Edward B. CrowellHawaii Hawaii Transportation Association www.htahawaii.org Gareth K. SakakidaIdaho Idaho Trucking Association www.idtrucking.org Julie PipalIllinois Illinois Trucking Association www.iltrucking.org Matt HartIndiana Indiana Motor Truck Association www.imtaonline.net Gary LangstonIowa Iowa Motor Truck Association www.iowamotortruck.com Brenda NevilleKansas Kansas Motor Carriers Association www.kmca.org Thomas A. WhitakerKentucky Kentucky Motor Transport Association www.kmta.net Jamie FiepkeLouisiana Louisiana Motor Transport Association www.louisianatrucking.com Cathy F. GautreauxMaine Maine Motor Transport Association www.mmta.com Brian ParkeMaryland Maryland Motor Truck Association www.mmtanet.com Louis CampionMassachusetts Massachusetts Motor Transportation Association www.mass-trucking.org Anne M. LynchMichigan Michigan Trucking Association www.mitrucking.org Walter G. HeinritziMinnesota Minnesota Trucking Association www.mntruck.org John HausladenMississippi Mississippi Trucking Association www.mstrucking.org Hal MillerMissouri Missouri Trucking Association www.motrucking.org Tom CrawfordMontana Motor Carriers of Montana www.mttrucking.org Barry "Spook" StangNebraska Nebraska Trucking Association www.nebtrucking.com Larry A. JohnsonNevada Nevada Trucking Association www.nmta.com Paul J. EnosNew Hampshire New Hampshire Motor Transport Association www.nhmta.org Robert J. SculleyNew Jersey New Jersey Motor Truck Association www.njmta.org Gail E. TothNew Mexico New Mexico Trucking Association www.nmtrucking.org Johnny JohnsonNew York New York State Motor Truck Association www.nytrucks.org Kendra HemsNorth Carolina North Carolina Trucking Association www.nctrucking.com Crystal CollinsNorth Dakota North Dakota Motor Carriers Association www.ndmca.org Arik SpencerOhio Ohio Trucking Association www.ohiotruckingassn.org Tom BalzerOklahoma Oklahoma Trucking Association www.oktrucking.org Dan CaseOregon Oregon Trucking Associations www.ortrucking.org Debra DunnPennsylvania Pennsylvania Motor Truck Association www.pmta.org James W. RunkRhode Island Rhode Island Trucking Association www.ritrucking.org Christopher MaxwellSouth Carolina South Carolina Trucking Association www.sctrucking.org J. Richards "Rick" ToddSouth Dakota South Dakota Trucking Association www.southdakotatrucking.com Myron RauTennessee Tennessee Trucking Association www.tntrucking.org David HuneryagerTexas Texas Motor Transportation Association www.tmta.com John D. EsparzaUtah Utah Trucking Association www.utahtrucking.com Richard ClasbyVermont Vermont Truck & Bus Association www.vtba.org Robert J. SculleyVirginia Virginia Trucking Association www.vatrucking.org P. Dale BennettWashington Washington Trucking Association www.wtatrucking.com Larry PursleyWest Virginia West Virginia Trucking Association www.wvtrucking.com Janet VinyardWisconsin Wisconsin Motor Carriers Association www.witruck.org Neal KedzieWyoming Wyoming Trucking Association www.wytruck.org Sheila D. Foertsch

Affiliates American Trucking Associations www.trucking.org Bill GravesAgriculture and Food Transporters Conference www.trucking.org/about.aspx Jon SamsonAutomobile Carriers Conference www.trucking.org/about.aspx Robert P. FarrellIntermodal Motor Carriers Conference www.trucking.org/about.aspx Curtis WhalenRegional and Distribution Carriers Conference www.trucking.org/about.aspx Robert P. FarrellNational Tank Truck Carriers www.tanktruck.org Daniel FurthTruckload Carriers Association www.truckload.org Brad Bentley

Councils Information Technology & Logistics Council; National Accounting & Finance Council; Safety Management CouncilSupply Chain Security & Loss Prevention Council; Technology & Maintenance Council


lives. I found it interesting that such studies already exist considering in-cab camera technology is relatively new. I pressed Zekman on this data, but she assured me that she had received such information from in-cab camera companies. In all, we spent almost three hours with Ms. Zekman. I am confident that we gave Ms. Zekman every opportunity to see just how far this industry goes to promote safety. Unfortunately we do not control what ends up in the ‘2 minutes and 10 seconds’ that the station will air, but at least we had given our side of the story. CBS 2 had approximately 40 minutes of footage with me and with Don promoting the trucking industry and promoting safety. It was hard to say if any of our positive comments would make it into the final story. Based upon her prior reports, I did not expect Pam Zekman to provide a story tonight that is positive for our industry; but I was hopeful that after spending three hours with the ITA, with a Road Team Captain, and 25 minutes in the Image Truck on the highway, that Pam Zekman’s view of the industry is at the very least “less negative” than it was previously. Five hours before the story would air, Pam Zekman called me to personally thank us for providing the ATA’s Image Truck, and she noted Don Conklin’s professional achievements as a driver. She also remarked on how our ride along showed the dangers of cars cutting off trucks. In the end, Pam told me that her story was centered on the in-cab camera systems and the crash captured by one of those cameras, which is

why the final story did not include Don Conklin and it only included a few seconds of my testimony about how cameras have helped to exonerate truck drivers when the cameras recorded the automobile at fault. (You can view the final news report on the CBS 2 Chicago website.)

Stay tuned to our website, www.iltrucking.org, and our social media outlets:

www.facebook.com/iltruckingwww.twitter.com/iltruckingwww.youtube.com/iltrucking

Letter from Executive DirectorContinued from page 7

Hours-of-Service was the top concern nationally, but here in Illinois the Driver Shortage tops the list of concerns for carriers from the Land of Lincoln.The full list of the top ten critical issues facing Illinois carriers is as follows:1. Driver Shortage2. Hours-of-Service3. CSA (Compliance, Safety,

Accountability)4. Driver Retention5. Transportation Infrastructure/

Congestion/Funding6. Electronic Logging Device (ELD)

Mandate7. Economy8. Redundant Background Checks

and Credentials9. Independent Contractor Status10. Truck Parking and Driver

Distraction (tie) For more details on the industry’s top issues for Illinois Carriers, please call the ITA offices at (630) 654-0884 or (217) 789-6017.

News from Around the StateContinued from page 16

appreciation that you and I have for this great industry, but at least Pam Zekman now knows how seriously we take safety at the Illinois Trucking Association and at the American Trucking Associations. CBS 2’s news story is not our story; but at least we had the chance to get our story out to Ms. Zekman. And through our email distribution list, Facebook, and Twitter, we had the chance to get our story out to you. Promoting and protecting the trucking industry in Illinois – that’s what we do and we will continue to do so each and every day for you. Matt HartExecutive DirectorIllinois Trucking Association

Again, I did not expect this news story to be a positive one for the trucking industry. Our goal in speaking with Ms. Zekman that morning was to at least give her our side of the story. We wanted the reporter to have the chance to see all that our industry is doing to promote safety and we always welcome the opportunity for a reporter to ride in a truck when possible. Judging from my telephone conversation with Pam Zekman just hours before the story aired, I genuinely believe that she views the trucking industry differently today. I think she has a new appreciation for trucking. No, it’s not the high level of


What do you get when you combine smart eating and a motivated, focused workout routine with a dash of extraordinary common sense and plenty of commitment? Rich Cribari, that’s what.

over 20 pounds, mostly around my middle, and I’m off most of my medication.” He says that he finally put two and two together and realized that there is a fountain of knowledge out there and he’s going to use it. “You know, it’s not just the exercise but what you eat and your attitude, as well. It’s everything added together. And that’s the same thing with Omni – it’s a package deal that you have to use to its fullest.” He credits Nick for the Personal Training, has enjoyed numerous Aquatic classes and especially appreciates the fitness desk for their unending assistance. “Omni has a lot of variety and I’ve taken advantage of all of it. Things like having my blood pressure taken is an added value that not enough people use. Christy Cleveland, the cardiac nurse, is invaluable. It’s that personal touch that makes me love being here, I know everyone here and they know me after being a member for over 15 years.” Rich said, “Routine is important. I focus on upper body exercises Mondays, Wednesdays and Fridays and lower body on Tuesdays, Thursdays and Saturdays.” On Saturdays he does some extra core strength training, just for good measure, and takes every opportunity to work on his abs. He pats his stomach and shows that he wears suspenders under

FEATURE

Healthy Trucker

his shirt because a belt doesn’t keep his pants up anymore. “I guess I need some new clothes,” he chuckles. Moderation is now a key component of his life. “I still eat some fast food. I just throw out the bun.” He avoids bread, doesn’t eat after 5 or 6pm and says he has learned these and other tips by talking and listening to a lot of people. And that he would like to pass along the valuable information he has gathered by mentoring and educating others. “I feel like it’s almost a calling, like this is the next big thing I need to do with my life – helping others.” He is working on a plan to do just that, possibly at a national level. “I feel great 99% of the time. I’d like others to feel the same.” What is his next Omni adventure? “I’m going to do some work with Parisi, imagine that!” He likes a rigid “Marine-style” workout including squats and vertical jumps. And his ultimate goal? “I want to be the fittest man of my age on the planet.” And Omni will be here to help him all the way

Rich Cribari wants to be a “difference maker.” After 35 years in the trucking industry, he wants to inspire truck drivers, and whoever else will listen to him, to take better care of themselves and get healthier. And he is leading by example. “Do you know that there are 1.3 million truck drivers in the country and that 28% of them suffer from sleep apnea?” he asks me as we sit down to talk. “They spend too much time sitting and eating while on the road. They are governed by rules and regulations that make it hard for them to be out, moving and taking care of themselves.” He would know, as the General Manager of 45 drivers for Djuric Trucking in Hammond, IN. After a lifetime of sports, including time in the Air Force playing football, baseball and basketball, Rich let himself go, just a bit. “I ran four Chicago Marathons before the age of 50 and played all kinds of sports, including organized baseball until I was 35. But then I got less active and I see this happen a lot with the people around me.” Rich was disenchanted with his routine and disappointed in his results even though he was working out 5-6 times a week. And then he regained his focus, or his Mental Clarity as he calls it. “I started doing Personal Training with Nick (Cundari) and suddenly there was a difference in my body I hadn’t seen before. My arms got toned, and I lost

ITA Motor Carrier Services• Licensing

• Permits• Operating Authority

• PSP

• IRP / Fiscal Plates• IFTA• 2290

• DataQ

Contact Linda Blisset, ITA Director of Safety, today at [email protected] or call (217) 789-6017 or (630) 654-0884.


But are you taking advantage of this benefit? Are you utilizing all the resources that ITA has made available for its members? Do you have ideas that ITA could use as possible training events? First, let me introduce you to the ITA Safety Maintenance Council (SMC) Leadership Team:

• Tony Schmidt (Mr Bults Inc.)• Mitzi Hartman (McLeod Express)• Michele Darby (Triple G)• Al Borgman (Kingsway Logistics)• Mike Greeson (Thomason Express) • Victor Hart (DOT Foods) • Dave Moss (Bedford Motor Service) • Armando Ortiz (We Care Recycling

Transport )• Scot McQuilkin (A&R Logistics) • Bill Beatty (Earl Henderson

Trucking)• Linda Blisset (ITA)• Randy Thomas (ITA)

Your SMC members work diligently to provide training and events that relate to transportation’s everyday business details with training topics such as regulation updates, DOT compliance, workers compensation,

ITA’s Safety Maintenance Council is Working for you!by Linda Blisset, ITA Safety Director

and OSHA requirements to name a few. Major events include our annual Safety Maintenance Conference, Truck Driving Championship, Technicians Competition, and NATMI Certification courses for Safety Director or Supervisor, or Maintenance Director or Supervisor. All of our events are designed to meet the needs of our industry. These are just a few of what have taken place and what we can look forward to in 2015. What could be missing from these scheduled trainings and events? ITA doesn’t want it to be YOU! Watch the Illinois Trucking This Week newsletter that is emailed each Friday for the upcoming schedule. Check out ITA’s website for calendar schedule and registrations. If you are not receiving our emails, please let us know and we will get your email added to our distribution list. We do not want you to miss out. Start off by marking your 2015 calendar with our annual Safety Maintenance Conference, April 22 and 23 at the iHotel, Champaign, IL. ITA is also very excited about a new Drug and Alcohol Program available only to ITA members. ITA has partnered with Foley Carrier Services for drug

and alcohol testing services. This ITA Benefit will save you money and save you time. Random testing is conducted quarterly. WOW four times a year, not every month. The program was also established with consultation from DOT to ensure our member companies are fully compliant with DOT regulations. ITA members have the option of onsite collection or clinic-based collection. Random testing is available for as little as $52 per driver per year but the program is also completely customizable to your operation. Contact ITA today to learn more about the D & A program we have available for you. ITA is here for you! Make your membership work for you. Call if you need help with something. Try to attend the trainings and events scheduled for you. Spread the word. If you are not a member of ITA and would like information please give us a call. The weather is changing, plan ahead in your travels, know the laws in other states that you may be going through or to about their weather restrictions. Be Careful and Drive Safely!!!

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MOTOR CARRIER/PRIVATE CARRIER MEMBERSHIPAPPLICATION

Name ___________________________________________ Title __________________________________________

Company __________________________________________________ Phone (_____) ____________________

E-Mail Address _____________________________________________ Fax (_____) _____________________

Address __________________________________________________ DOT# _______________________________

City __________________________________________ State _________ Zip ______________

Website Address ______________________________ Amount Enclosed $______________________

Signature ___________________________________ Date _________________________________

What percentage of your trailers are: _____ Dry Van ______ Ref Van _____ Flat Bed _____ Other _____ Tanks _____ Auto Trans ______ Heavy Equip. _____ Movers

Total number of trucks (owned/leased)? ______ Do you provide warehousing services? q Yes q No

Do you use owner operators? q Yes q No If yes, how many? _____

DUES ARE PAID ANNUALLYMOTOR CARRIER: Gross Trucking Revenue Dues Gross Trucking Revenue Dues q 0– 250,000 $300 q 4,000,01 – 5,000,000 $1,050 q 250,001 – 500,000 $400 q 5,000,001 – 10,000,000 $1,250 q 500,001 – 1,000,000 $500 q 10,000,001 – 15,000,000 $1,500 q 1,000,001 – 2,000,000 $600 q 15,000,001 – 20,000,000 $1,750 q 2,000,001 – 3,000,000 $750 q 20,000,000 – 30,000,000 $2,000 q 3,000,001 – 4,000,000 $900 q 30,000,001 + $2,200 q Supporting Member (School District, Municipality, etc.) $ 200

PRIVATE CARRIER: Number of Power Units Dues Number of Power Units Dues q 1 to 40 $500 q 76 to 100 $ 800 q 41 to 50 $600 q Over 100 $1,000 q 51 to 75 $800

7000 S. Adams, Suite 130Willowbrook, IL 60527Phone (630) 654-0884Fax (630) 654-0899

932 S. Spring St.Springfield, IL 62704

Phone (217) 789-6017Fax (217) 544-4206

www.iltrucking.org


Calendar of Events

November 12 , 2014Trucking Leadership Meeting

Truck Centers, Troy, IL

November 13 , 2014Trucking Leadership Meeting

CIT Group, Normal, IL

November 19 , 2014Trucking Leadership MeetingAshton Place, Willowbrook, IL

December 3 , 2014ITA Holiday Party

Willowbrook

December 10 , 2014ITA Southern IL Holiday Party

Bella Milano, O’Fallon, IL

April 22-23, 2015ITA Safety Maintenance Conference

iHotel & Conference CenterChampaign, IL

June 5 & 6, 2015 Illinois Professional Truck Driving Championships

Pheasant Run Resort

September 17-19, 2015ITA Annual Meeting & Expo

Marriott Hotel & Conference CenterNormal, IL

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Membership Benefits

In addition to legislative and regulatory representation, ITA

members enjoy:

• PrePass: 1st month free for new subscribers

• Discounts with Sprint• Discounts with Verizon• Love’s Travel Center:

6-cent/gallon discount nationwide

• Discounts on Drug & Alcohol Testing

• Discount Rate with UPS

Welcome to these New ITA Members:

Holthaus Truck Service Inc.Anderson Electric Inc.

PAR TruckingConnors Transportation Company

Midwest Moving and StorageFirst Choice Logistics

ES Express LinesLogiflex

Transport Equipment IncThe Hunt Law Group, LLC

LegalshieldTrucBrush Corp

Level Eighteen ConsultingTrucking Experts LLCWine Sergi TruckingWireless Wizards LLC

Shawnee Community CollegeWe Care Recycling Transport

Ensure TruckingK2Tank Lines

Lewis & Clark Community College

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