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Lamb, SBTC plans to introduce legislation to stop enforcement of ELD mandate

WASHINGTON — James Lamb is taking his fight against electronic logging devices right back to where the current mandate for ELDs was birthed. The head of the Small Business in Transportation Coalition (SBTC) said Wednesday he plans to have introduced in the House the “Suspension of Electronic Logging Device Mandate to Protect Americans Working in Interstate Commerce Act” which would suspend the current ELD mandate. The electronic devices were mandated by Congress as part of the Moving Ahead for Progress in the 21st Century transportation bill passed in 2012. Lamb said he would name sponsors of the bill when it is formally introduced. He said he hopes to have an identical version of the bill introduced in the Senate. The bill would direct the Secretary of Transportation to: Immediately cease enforcement of the ELD rule promulgated at 49 CFR 395.8 (a) Require carriers to revert back to paper record of duty status logs Study the unintended consequences and effects of ELDs on operators of commercial motor vehicles Determine whether commercial motor vehicle operators have experienced adverse psychological effects that have induced reckless speeding and have caused an increase in large-truck occupant fatalities since implementation of the ELD rule in December 2017. Meanwhile, the SBTC has asked Transportation Secretary Elaine Chao to delay the December 16 deadline for carriers using Automatic On Board Recording Devices to switch to ELDs. In addition, Lamb and his organization, which reportedly has 15,000 members, are currently circulating an online petition to get the federal government to immediately suspend the ELD rule. As of Wednesday, some 32,000 trucking stakeholders had signed the petition, which Lamb plans to present to the White House. He hopes to get 100,000 signatures by November 29. The bill and the petition are only the latest efforts in Lamb’s fight against ELDs. The first effort came when in February 2018 Lamb and the SBTC filed an application for an exemption from the ELD rule for carriers with fewer than 50 employees. The Federal Motor Carrier Safety Administration denied the petition in July of this year and in late October, the SBTC filed an application for reconsideration of the denial. The FMCSA immediately published a notice in the Federal Register seeking comments on the reconsideration application. When Lamb filed the original exemption application, the FMCSA said it received over 1,900 comment, most in favor of the exemption. Among other things, in the proposed legislation, Lamb says: The ELD mandate must “must “ensure that… the responsibilities imposed on operators of commercial motor vehicles do not impair their ability to operate the vehicles safely…” In 2018, the first full year the new ELD rule was in effect for the trucking industry to enforce commercial motor vehicle operators’ compliance with hours of service regulations, a total of 885 large truck occupants perished in crashes last year. That number marks the most since 1988. (The fatality total included all large trucks, which the federal government defines as trucks with a gross vehicle weight rating of 10,001 pounds or more; most Class 8 trucks such as tractor-trailers carry a GVWR of 33,001 pounds or more). The number of speeding violations issued to U.S. truck drivers increased 7.8 percent in 2018, climbing to 146,945 violations, according to FMCSA data. The number of violations issued to truckers for driving 15 mph or more above limits rose 10.3 percent last year. The bill would require the Secretary of Transportation to do a study to determine if a correlation exists between the implementation of the ELD rule in December 2017 and the rise in truck speeding incidents and large truck occupant fatalities in 2018. Talk about electronic logging devices goes back to at least 2000 when the newly-created FMCSA first attempted to reform Hours of Service regulations to mandate the use of electronic tracking devices. This attempt to mandate HOS tracking with an ELD device was shot down by a 2004 court order.    

James Lamb issues last call for truckers to sign ELD suspension petition

WASHINGTON — Small Business in Transportation Coalition Executive Director James Lamb Tuesday called for a final push over the next week to increase the number of signatures on an Electronic Logging Device Suspension Petition. The petition calls on President Donald J. Trump to direct the U.S. Department of Transportation (DOT) to act on National Highway Traffic Safety Administration (NHTSA) findings and immediately suspend ELDs until unintended consequences can be studied to decide if the rule is ripe for repeal. The petition can be accessed here. Lamb said the NHTSA findings and unintended consequences revolve around recently-released statistics showing an increase in the number of fatalities involving large trucks. The petition currently has 32,000 signatures. Lamb set a goal of 100,000 signatures by November 29. “We believe these data prove the ELD mandate took us ‘out of the frying pan and into the fire,’” Lamb said. Immediately, numerous trucking groups including “Black Smoke Matters” and “Trucker Nation” joined the SBTC’s efforts, he added. Lamb said the new data show that in 2018, the first full year the new ELD rule was in effect for the trucking industry to enforce commercial motor vehicle operators’ compliance with Hours of Service regulations, an average of more than two occupants of large trucks died daily. “This is the highest number of such deaths since 1988, making this statistic a 30-year high,” Lamb said. “We believe ELDs have caused drivers anxiety to such levels that many now recklessly speed to beat the clock. These data show the Federal Motor Carrier Safety Administration was wrong that ELDs would save 26 lives per year.” NHTSA defines large trucks as trucks with a gross vehicle weight rating of 10,001 pounds or more. Lamb also claimed many ELDs routinely malfunction and are unreliable. “Case in point: the recent major crash of Omnitracs,” he said. “This poses public safety concerns if drivers have not been properly trained on how to use paper logs as a backup. and sheer chaos could result.”

Carriers on losing end as cargo thefts show upward trend; electronics most targeted product

Sensitech United Technologies, a company specializing in supply chain integrity and visibility, has released its 2019 third quarter report on Cargo Theft based on data tracked by SensiGuard, a division of the firm dedicated to cargo security. The latest statistics do not include information truck carriers will find positive. Cargo Theft Overview In Q3 of 2019, a total of 165 nationwide cargo thefts were placed in the SensiGuard database, and the report notes that this figure will likely rise as late reports are received. The data shows monthly distribution of thefts as being 46 in July, 67 in August, and 52 in September with an average loss per incident of $155,709. The total thefts and average value represent increases over Q2 data by 13% and 31%, respectively. Compared to the same quarter in 2018, volume increased by 3% while value was down 8%. Theft by Product Of the 165 thefts reported, electronics were the target of the most thieves (22%), moving the product up two spots from the Q2 2019 report. The average value of electronics stolen per incident came in at $331,443, bolstered by single-incident thefts in California and Kentucky exceeding $1 million. Rounding out the top three product types stolen are Home and Garden (19%) and Food and Drinks (14%). It should be noted that Food and Drinks do not include Alcohol, which at 2% represents the lowest of any category tracked. Alcohol thefts were down 47% from Q2 2019 figures and 88% from Q3 2018. Clothing and Shoes thefts continued an increasing trend (33% over Q2), as did Home and Garden (35% over Q2). Theft by State/Location California reports the highest percentage of thefts among the states (26% of nationwide total), substantially increasing its lead over Texas (10%), the widening gap largely attributed to rush shipments from China ahead of tariffs. The quantity of container freight combined with limited security resources is reported as a major factor influencing California’s ranking. Following Texas, Georgia came in third place in incidents reported (9%), followed by Florida (<9%), and a three-way tie for fifth place between New Jersey, Illinois, and Tennessee (6%). In terms of the physical location of incidents, Unsecured Parking remains the most likely target (74%), followed by Warehouses (15%) and Secured Parking (11%). Event Type The most prevalent method of theft continues to be at the Full Truckload level (56%), with the average truckload cargo value of $166,787. This data is a decrease from Q2 2019 and Q3 2018 figures. Pilferage had set a record for five consecutive quarters; however, in Q3 2019 it fell 1%. The value of products stolen by Pilferage also decreased 29% below Q2 2019 data. Facility Thefts were up 59% over Q2 2019, although the average value attributed to this location ($189,800) decreased. Fictitious Pickup of products increased over previous quarters and represented 5% of total thefts. In the report’s concluding statements, SensiGuard suggested that any decreases in the number of incidents of value per incident do not necessarily represent trends. “…The organized cargo thief is still shifting tactics to evade capture…” the report noted. Likewise, the report stated, “High value or low security will not be the only determining factors in theft risk to cargo as thieves will adjust to increased risk and modify their efforts accordingly.”

NTSB calls for federal review process for AV testing on public roads

WASHINGTON — The National Transportation Safety Board Tuesday called upon federal regulators to create a review process before allowing automated test vehicles to operate on public roads, based upon the agency’s investigation of a fatal collision between an Uber automated test vehicle and a pedestrian. During a board meeting held to determine the probable cause of the March 18, 2018, Tempe, Arizona, crash, the NTSB said an Uber Technologies Inc. division’s “inadequate safety culture” contributed to the March 18, 2018, nighttime fatal collision between an Uber automated test vehicle and the pedestrian. The vehicle operator was uninjured in the crash, the pedestrian died. Uber’s Advanced Technologies Group (ATG) had modified the striking vehicle, a 2017 Volvo XC90, with a proprietary developmental automated driving system. The vehicle’s factory-installed forward collision warning and automatic emergency braking systems were deactivated during the operation of the automated system. An Uber ATG operator was in the driver’s seat, but the automated system was controlling the vehicle when it struck the pedestrian at 39 mph. The NTSB determined that the immediate cause of the collision was the failure of the Uber ATG operator to closely monitor the road and the operation of the automated driving system because the operator was visually distracted throughout the trip by a personal cell phone. Contributing to the crash was Uber ATG’s inadequate safety risk assessment procedures, ineffective oversight of the vehicle operators and a lack of adequate mechanisms for addressing operators’ automation complacency – all consequences of the division’s inadequate safety culture. “Safety starts at the top,” said NTSB Chairman Robert L. Sumwalt. “The collision was the last link of a long chain of actions and decisions made by an organization that unfortunately did not make safety the top priority.” The pedestrian’s impairment at the time of the crash, coupled with crossing outside a crosswalk, contributed to the crash, as did the Arizona Department of Transportation’s insufficient oversight of automated vehicle testing, the NTSB found. Among the investigation’s findings: The Uber ATG automated driving system detected the pedestrian 5.6 seconds before impact. Although the system continued to track the pedestrian until the crash, it never accurately identified the object crossing the road as a pedestrian, or predicted its path. Had the vehicle operator been attentive, the operator would likely have had enough time to detect and react to the crossing pedestrian to avoid the crash or mitigate the impact. While Uber ATG managers had the ability to retroactively monitor the behavior of vehicle operators, they rarely did so. The company’s ineffective oversight was exacerbated by its decision to remove a second operator from the vehicle during testing of the automated driving system. Uber ATG made several changes to address the deficiencies identified, including implementation of a safety management system. The NTSB issued a total of six recommendations to the National Highway Traffic Safety Administration, the state of Arizona, the American Association of Motor Vehicle Administrators and Uber ATG. The NTSB recommended that NHTSA require entities wishing to test a developmental automated driving system on public roads to submit safety self-assessment plans before being allowed to begin or continue testing and that NHTSA should review the plans to ensure they include appropriate safeguards.                                                      

U.S. Senate introduces bipartisan bill to promote women in trucking

WASHINGTON, D.C. – U.S. Senators Tammy Baldwin (D-WI) and Jerry Moran (R-KS), members of the Senate Committee on Commerce, Science, and Transportation, today introduced the Promoting Women in Trucking Workforce Act. Currently, women make up 47 percent of the United States’ labor force, yet represent 24 percent of America’s trucking workforce and only about seven percent of drivers. This legislation would support women in the trucking industry and would establish a Women of Trucking Advisory Board. “In Wisconsin, we make things, and we need to ensure we have a strong workforce to transport our goods to market,” said Senator Baldwin. “Women currently make up less than ten percent of the truck driving workforce, and removing the barriers that get in the way of women pursuing and retaining careers in trucking is key. I’m proud to lead this bipartisan effort with Senator Moran because more job opportunities for Wisconsin women will lead to more economic security for working families.” “As the trucking industry continues to face a driver shortage, we need to examine new ways to recruit and retain drivers that are delivering Kansas goods across the country,” said Senator Moran. “Because women are substantially underrepresented in the trucking industry, Congress should explore every opportunity to encourage and support the pursuit of careers in trucking by women. I’m proud to introduce this bipartisan and sensible bill with Sen. Baldwin that will lead to new job opportunities for women and increase equality for women already in the trucking industry.” The Promoting Women in Trucking Workforce would direct the administrator of the Federal Motor Carrier Safety Administration (FMCSA) to establish a “Women of Trucking Advisory Board.” Under this bill, the board would identify barriers to entry for women in the trucking industry, work across organizations and companies to coordinate formal education and training programs and help identify and establish training and mentorship programs for women in the industry. The legislation also requires the FMCSA Administrator to submit a report to Congress on the board’s findings and recommendations. This legislation is supported by the Women in Trucking Association and the American Trucking Association. “By creating an advisory board to utilize the expertise and resources of the Federal Motor Carrier Administration and the members of the board, we can increase the opportunities for women as drivers, technicians, owners, trainers and in other relevant career roles,” said Women in Truck Association President and CEO Ellen Voie. “I look forward to working with you and your office (Sens. Moran and Baldwin) in advancing this bill.” “On behalf of the American Trucking Association, I write to express thanks and support for the introduction of the Promoting Women in Trucking Workforce Act,” said American Trucking Association President and CEO Chris Spear. “Your (Sens. Moran and Baldwin) thoughtful and timely legislation brings important attention and focus to the advancement of female representation and participation in trucking.”

SBTC’s anti-ELD petition stalls, Lamb uses ‘phone call’ to put blame on OOIDA

In an online editorial we posted August 22, we described the Small Business in Transportation Coalition (SBTC) as positioning itself to be a one-organization wrecking crew targeting the Federal Motor Carrier Safety Administration and the electronic logging device mandate. In particular, SBTC and its president, James Lamb, have been on a tear against electronic logging devices. (This is the same James Lamb who in early 2018 agreed to settle a probe into his business dealings brought by the U.S. Federal Trade Commission, which accused Lamb and several of his businesses of cheating owner-operators out of millions of dollars over the course of several years. Lamb denied the charges, but the FTC is in the process of paying out $900,000 to truckers who the FTC says were scammed.)  After the FMCSA denied its application asking that carriers with under 50 employees be exempted from the ELD mandate, SBTC asked FMCSA to reconsider the denial.  With no apparent hope that FMCSA would reverse its decision (remember ELDs were ordered by Congress), Lamb and SBTC have moved up the ladder to Congress and now to the White House. Currently, SBTC is asking drivers to sign a petition asking Transportation Secretary Elaine Chao and President Donald Trump to immediately suspend the ELD rule. SBTC says it needs to have 100,000 signatures (it’s not likely to happen) before the White House will respond to the request to suspend the rule (that’s not going to happen). On October 31, Lamb published an e-mail asking the Owner-Operator Independent Drivers Association to join SBTC in support of the petition. Lamb apparently never heard from OOIDA, and with his petition drive stalled at around 30,000, Lamb decided to blame OOIDA for the slowdown and appears to have set out to make his point with an elaborate scheme that he is reporting through his e-mail blasts to the media and others, claiming that OOIDA is sabotaging his petition effort. In a video released at 5:20 p.m. Central time November 11, Lamb said he had some “disturbing” information regarding the ELD suspension petition. “We have through our private investigators uncovered that OOIDA has been sabotaging our petition. We hired a private investigator to follow up on leads that we have received regarding possible interferences with our petition and boy, did we find out what’s going on here. “I’m going to play you the tape the investigators sent me (actually the tape of the phone call made only hours or maybe even minutes before) so you can listen to it yourself and boy is it bad news for Todd Spencer (OOIDA president and CEO) and this woman … at OOIDA.” That “call” was obviously definitely recorded November 11 because the caller mentioned having to work on the holiday, which was Veterans Day. The man said his name was Mike (he also used the name Michael). It was easy to tell the call was a set up because the man who identified himself as Mike was obviously and purposely speaking into a recording device and recording the other end of the call from a speaker phone. (An average observer would likely have thought the call was legitimate and that Lamb’s investigators had worked hard to uncover it, but we rather suspect it was a set up and the tape was handed to him shortly after it was made. Or he might even have been in the room when the “call” was made. A transcript of the tape shows Mike told the woman at OOIDA he wasn’t a member of OOIDA but had heard about the petition campaign and wanted to know if OOIDA was in support of the petition. He even claimed he’d never heard of James Lamb. The woman at OOIDA offered to send Mike information about Lamb. She asked for his e-mail address and after a long hesitation he gave two: [email protected] and [email protected]. E-mails sent to those addresses by The Trucker bounced back as undeliverable. (Surprise, surprise). Based on the transcript, Mike kept trying to coerce the woman into telling him not to sign the petition (the “call” lasted almost 15 minutes), but not once did she do that, only suggesting that petitions were not effective in getting change in Washington. Contacting members of Congress is the most effective way, she said, citing an instance when OOIDA and its members contacted a Congressman, contacts that led to him reversing his support of speed limiters. The woman told Mike that some members of OOIDA had signed the petition. Mike kept on and on, obviously and in the opinion of this writer hoping the woman would tell him not to sign the petition, but the woman said absolutely nothing to discourage drivers from signing the petition. At one point, the woman reminded Mike that OOIDA had been fighting against ELDs and their predecessors since 1978. After the tape of the telephone “call” ended on his video, Lamb reiterated that OOIDA had done everything in its power to keep truckers from signing the petition. “Mr. Spencer it looks like we have a problem. Our legal team (the same one that handed Lamb the tape of the supposed phone call) is going to be reviewing this and you are going to have some explaining to do to a judge,” he said. We too, have a problem, and it’s with Mr. Lamb trying to lay the blame for his failure directly on someone else. We call on Mr. Lamb and his organization to get off his anti-ELD horse. That horse is in the barn, sir, and it’s not coming out. If you are as powerful as you say you are, turn that power into doing something about the real issues that plague trucking today, matters such as driver pay, the lack of safe parking and driver detention, just to name a few. OOIDA and many others in the trucking industry are really concerned about those issues. So should you be.    

Please grab hold. Please grab hold.

As things turn colder around America, here is yet another video of a truckers ice encounter. You know in their mind they were repeating… “please grab hold”! Location: Somewhere along Lake Shore Drive in Decatur, IL. Courtesy: WANDTV

86.5% of trucks inspected during CVSA Brake Safety Week had no OOS issues

GREENBELT, Md. — The Commercial Vehicle Safety Alliance said Tuesday that inspectors conducted 34,320 commercial motor vehicle inspections during CVSA’s Brake Safety Week and placed 4,626 vehicles — or 13.5% — out of service after critical brake-related conditions were identified during roadside inspections. CVSA noted that a majority — 86.5% — of vehicles inspected during the September 15-21 time period did not have any critical brake-related inspection item violations. In 2018, CVSA said out of 35,080 inspections, 4,955 trucks — or 14.1% — were placed out of service. In 2017, CVSA conducted only a Brake Safety Day, which resulted in 14% of trucks inspected being put out of service. During a roadside inspection, if an inspector identifies critical vehicle inspection item violations, he or she will render the vehicle out of service, which means those violations must be corrected before the vehicle may proceed. Sixty jurisdictions in Canada and the U.S. participated in this year’s Brake Safety Week. In the U.S., 49 jurisdictions conducted 31,864 roadside inspections and placed 4,344 (13.6%) commercial motor vehicles out of service because of brake-related violations. In Canada, 11 jurisdictions conducted 2,456 roadside inspections and 282 (11.5%) commercial motor vehicles were placed out of service for brake-related violations. As part of this year’s Brake Safety Week, inspectors also collected and reported data on brake hoses/tubing. 2,567 units had chafed rubber hose violations. 1,347 units had chafed thermoplastic hose violations. 2,704 violations of § 393.45 of the Federal Motor Carrier Safety Regulations (FMCSRs) and Canadian equivalent violations included chafed rubber hoses. There were 1,683 violations of § 393.45 of the FMCSRs and Canadian equivalent violations that included kinked thermoplastic hoses. “Inspectors conduct more than 4 million roadside inspections every year and checking brake components is just one element of the inspection procedure inspectors perform on commercial motor vehicles every day,” said CVSA President Sgt. John Samis with the Delaware State Police. “This inspection and enforcement event reminds drivers and motor carriers of the importance of properly functioning brakes and spotlights the work done by inspectors, motor carriers and drivers every day to keep our roadways safe by ensuring vehicles are in appropriate working condition.” According to the U.S. Department of Transportation’s National Highway Traffic Safety Administration, highway crash fatality data for 2018, there was a 2.4% decline in overall fatalities, the second consecutive year of reduced crash fatalities. However, conversely, for 2018, large-truck related fatalities increased by 0.9%. “While we applaud the decrease in the overall number of fatalities on our roadways last year, we’re alarmed by the increase in the number of large-truck-related fatalities,” Samis said. “CVSA conducts high-profile, high-visibility enforcement events, such as Brake Safety Week, to reduce the number of fatalities occurring on our roadways. Roadway safety is our number one priority and we will continue our efforts to improve brake safety throughout North America.” Brake Safety Week is an inspection, enforcement, education and awareness initiative that is part of the Operation Airbrake Program sponsored by CVSA in partnership with the Federal Motor Carrier Safety Administration and the Canadian Council of Motor Transport Administrators.      

Interstate bridge tolls key to Connecticut $21B plan; HD trucks would pay $7

HARTFORD, Conn. — A $21 billion transportation plan proposed by Connecticut Gov. Ned Lamont November 7 would invest $14 billion in Connecticut’s roads and bridges plus $7 billion in its public transit systems over the next decade and would rely on interstate bridge tolls for part of that funding. The governor’s plan includes a proposal to place electronic toll gantries at 14 highway bridge locations across the state, 11 of which are located on interstates, including I-95, I-84, I-91, I-395 and I-684, according to a report in the Journal, the official magazine of the American Association of State Highway and Transportation Officials.. Connecticut’s tolling proposal matches a similar effort instituted in Rhode Island in 2018 – an effort that survived a federal court challenge in March – although in Rhode Island’s case, its interstate bridge tolls apply only to heavy trucks. The governor’s $21 billion plan, which breaks down to $2.1 billion worth of investment in Connecticut’s transportation system annually, is a more than $500 million per year increase compared to the previous level of state investment – which is roughly $1.6 billion per year, according to news sources. “For generations, the state has neglected critical investments in our infrastructure, hampering economic growth and leaving residents in endless hours of traffic wondering why state officials didn’t fix these problems years ago,” Lamont said in a statement. Lamont said that with six of the worst traffic bottlenecks in the country and 65 percent of its highways more than three decades old with 12 percent of its bridges rated in poor condition, “virtually anyone who regularly uses Connecticut’s transportation system agrees that the state desperately needs to make targeted improvements that reduce congestion and make travel quicker, safer, convenient, and reliable” To pay for this 10-year transportation plan – dubbed Connecticut 2030 or CT2030 for short – the governor proposes to use a mix of fiscal resources, including: $750 million in annual federal funding and grants. Transportation Infrastructure Finance & Innovation Act or TIFIA loans, loans from the U.S. Department of Transportation’s Build America Bureau, and Railroad Rehabilitation & Improvement Financing loans. State general obligation bonds The transfer of all car sales taxes to Connecticut’s Special Transportation Fund by 2023, making that fund solvent while establishing a 15 percent reserve fund. Imposing select highway bridge tolls costing 50 cents to $1 for cars, $1.25 to $2.50 for medium-sized trucks, and $3.50 to $7.00 for heavy trucks. Lamont said he expects 40 percent of those tolls to be paid by out-of-state drivers. “For the future of our state, we can no longer kick the can down the road on these improvements – we must fix this long overdue problem and move our state forward today,” the governor said.

Voters approve 90% of 305 state and local transportation ballot measures

WASHINGTON— Voters in 19 states on November 5 sent a decisive message of support for transportation investment, approving almost 90 percent of 305 state and local transportation ballot measures. In total, the 270 approved initiatives are expected to generate over $9.6 billion in one-time and recurring revenue, according to the analysis conducted by the American Road & Transportation Builders Association’s Transportation Investment Advocacy Center (ARTBA-TIAC). Two measures in Texas are still pending. “The ballot results are a great reminder infrastructure investment remains one of the few areas where red states, blue states, Republicans and Democrats can all come together,” ARTBA President Dave Bauer said.  “It should also demonstrate to lawmakers on Capitol Hill that the public will be on board for the passage of a long-term bill that significantly boosts highway and transit investment at the federal level.” A complete report and an all-new interactive dashboard that filters results by state, mode, year and type of initiative are available at the Center’s flagship website at www.transportationinvestment.org. The preliminary results reaffirm a decade-long trend of voters strongly supporting investments to maintain and improve their state or local transportation networks. Voters have approved 81 percent of nearly 2,000 transportation investment ballot measures tracked by ARTBA-TIAC since 2010, including this year’s results. “Public support for increasing infrastructure investment continues to help local governments and the transportation construction community improve safety, mobility and overall quality of life for residents as projects get underway,” said Carolyn Kramer, ARTBA-TIAC director. Voters in Maine overwhelmingly approved, by a 76 percent to 24 percent margin, a $105 million bond measure to support transportation infrastructure projects. The vote was Maine’s seventh successful transportation bond in eight years. While transportation investment fared well nationwide, Washington state voters endorsed by a 56 percent to 44 percent margin a measure that reduces or repeals certain motor vehicle taxes and fees and removes the authority to impose certain new fees without their approval. This decision will cost the state nearly $4.3 billion in state and local transportation revenue over the next six years. Voters in Colorado rejected by a 55 percent to 45 percent vote a measure that would have permitted the state to retain excess tax collections in order to fund education and transportation. The 305 measures tracked by ARTBA-TIAC is the largest number ever for an odd-numbered, off-year election. Although historically most transportation measures are put on the ballot in even-numbered years when congressional or presidential elections drive higher turnout, an increasing number of measures are being considered by voters during odd-numbered years and primary elections. There were 57 measures in 12 states that would raise over $20 million each, compared to 21 measures in 2017.  Of that total, 89 percent were approved.  Of 25 measures that would raise over $100 million, voters approved 92 percent.  This included a bond measure in Harris County, Texas to support transit expansions in Houston under the “Moving Forward Plan.” Of the local ballot measures, most (302 of 305) were property tax increases, primarily in Ohio (154) and Michigan (15), where many municipalities consistently ask voters to renew such assessments to pay for local roads and infrastructure repairs. Additionally, local bond measures in Texas appeared on 25 ballots and received 96 percent approval, which will generate nearly $6 billion. Most of these measures established municipal utility districts. The approved measures will support $7.7 billion in new transportation investment revenue and $1.9 billion in continued funding through tax extensions, renewals or protections. The timing of the market impact of these actions is difficult to project as revenue approved will last up to 25 years.    

Truckers For Troops Week

OOIDA President and CEO Todd Spencer shares details on the #TruckersForTroops program, happening this week. Watch and learn how you can support our troops and their families.  

TA Restaurant Group opening Black Bear Diner at Kingman, Arizona, TA

WESTLAKE, Ohio — The TA Restaurant Group, a division of TravelCenters of America, is opening a Black Bear Diner at the TA travel center in Kingman, Arizona, off Interstate 40 at Exit 48. Black Bear Diner was recognized in Nation’s Restaurant News 2017 and Nation’s Restaurant News 2018 as one of the fastest growing private restaurant chains in the United States. The full-service dining concept offers breakfast, lunch and dinner. Breakfast is served 24 hours a day. “We’ve been thrilled with the popularity and success of the Black Bear Diners among our customers and are happy to add yet another to our restaurant group,” said John Ponczoch, senior vice president, TA Restaurant Group. “We strive to provide a ‘home away from home’ experience for all our customers and these restaurants provide a dining option that is unique and welcoming, with the comforts of home.” “We are extremely pleased with the TA Restaurant Group’s opening in Kingman, Arizona, their fourth franchised Black Bear Diner,” said Bruce Dean, co-founder and chief executive officer of Black Bear Diner. “As an experienced and successful operator with thriving Black Bear Diners in Wheeler Ridge, California, Barstow, California, and in Beaumont, Texas, we look forward to the continued growth of this important franchise partnership.” All Black Bear Diner restaurants offer a bear-themed atmosphere and are designed to remind guests that quality and service are key ingredients to every meal, Dean said. The restaurant is open daily from 6 a.m. to 10 p.m. and has seating for approximately 150 people. This is the fourth Black Bear Diner in the TA travel center network. TravelCenters of America is the nation’s largest publicly traded full-service travel center network. Founded in 1972 and headquartered in Westlake, Ohio, its more than 21,000 employees serve customers in over 260 locations in 44 states and Canada, principally under the TA, Petro Stopping Centers and TA Express brands. For more information, visit www.ta-petro.com. Founded in Mt. Shasta, California, in 1995, Black Bear Diner now operates 135 locations in 13 states and growing. country. For a full menu and additional information, please visit www.blackbeardiner.com.   Wheeler Ridge, California Barstow, California Beaumont, Texas    

NAIT gives $50K to Wreaths Across America, independent drivers sought for initiative

COLUMBIA FALLS, Maine and DALLAS — The national nonprofit Wreaths Across America has accepted a contribution of $50,000 from the National Association of Independent Truckers (NAIT) and insurance partner IAT TransGuard, a member of IAT Insurance Group marking the fourth consecutive year that NAIT and its partner have directly contributed to helping WAA move the mission across the country. The contribution will be used to offset fuel costs for independent truckers wanting to help deliver the live balsam wreaths from Maine to one of WAA’s nearly 1,700 participating cemeteries. WAA is seeking independent truck drivers interested in hauling loads of wreaths for the December 14 event. If you are an independent truck driver interested in hauling a load of veterans’ wreaths this December should visit https://trucking.wreathsacrossamerica.org/volunteer or email [email protected] to speak with a member of the WAA Transportation Team. “Wreaths Across America continues to resonate more and more with Americans across the country, and with that support, the program grows and the need for professional drivers and equipment to deliver wreaths increases,” said Don Queeney, WAA director of transportation. “Our reliance on independent truck drivers cannot be understated when talking about the success of National Wreaths Across America Day. With this generous donation from NAIT, professional drivers who might not have had the means to participate, now will be able to join the mission.” “Fuel assistance is extremely important to me,” said independent driver Justin Schoot. “Every year I donate my time and truck because I believe the Wreaths Across America effort is a worthy cause. Some years are better than others, and the fact that NAIT donates money to help supplement fuel costs allows me as a sole owner operator to honor our fallen troops.” Wreaths Across America is a 501(c)(3) nonprofit organization founded to continue and expand the annual wreath-laying ceremony at Arlington National Cemetery begun by Maine businessman Morrill Worcester in 1992. The organization’s mission — Remember, Honor, Teach — is carried out in part each year by coordinating wreath-laying ceremonies in December at Arlington, as well as at more than 1,600 veterans’ cemeteries and other locations in all 50 states and overseas. For more information, please visit www.wreathsacrossamerica.org. NAIT was founded in 1981 to support the needs of independent contractor small-business owners in the trucking industry. They are based out of Naperville, IL. . The National Association of Independent Truckers (NAIT) was founded in 1981 to support the needs of independent contractor small-business owners in the trucking industry. It is based in Naperville, Illinois. For more information, visit www.naitusa.com    

Spireon sets up website to track U.S. Capitol Christmas on journey to Washington

IRVINE, Calif. — Spireon, a vehicle intelligence company, Monday unveiled the website, www.capitoltreetracker.com, dedicated to providing real time tracking of the U.S. Capitol Christmas Tree as it makes its way from New Mexico to Washington. Since 1970, the USDA Forest Service has provided a tree from a national forest to appear on the West Lawn of the U.S. Capitol building for the holiday season. This year’s tree hails from the Carson National Forest. In partnership with the nonprofit, Choose Outdoors, the tree can be tracked with Spireon’s FleetLocate trailer management solution. Sponsors of the U.S. Capitol Christmas tree and the tour include Kenworth Truck Co., Wilbanks Trucking Services, Spireon, the Federal Motor Carrier Safety Administration, Great West Casualty Co., Meritor, TravelCenters of America and the Truckload Carriers Association. The trailer with the tree is being transported by a Kenworth W990, sporting a dynamic graphics wrap. Following the theme of “Delivering Enchantment,” the 60-foot Blue Spruce was cut on the Questa Ranger District on November 6 and prepared for the 2,000-mile expedition. The tree was then loaded onto a specialty trailer equipped with telematic devices from Spireon’s FleetLocate FL Flex, the centerpiece of Spireon’s Intelligent Trailer Management portfolio, so the public could follow its journey. The trek will include a series of community celebrations throughout New Mexico and across the U.S. before culminating with the official tree lighting on the West Lawn in early December. “Spireon is delighted to support the U.S. Capitol Christmas Tree initiative, kicking off the holiday season with a beloved tradition,” said Roni Taylor, senior vice president strategy and business development at Spireon. “By live tracking the Christmas tree, we help tell the story of the tree’s journey and bring communities closer as the tree passes through each town on its way to our capitol.” The honor of being selected to haul the tree was a pleasant surprise for Wilbanks Trucking. “When we were contacted to see if we would be interested in transporting the U.S. Capitol Christmas Tree, we were honored to even be considered,” said Shane Phipps, safety director for Wilbanks Trucking Services. “It didn’t take us long to say ‘yes.’ Everyone here is very excited about taking part in moving this special tree. While we’re a company that specializes in heavy haul, we’re also very experienced in moving oversized loads – and the U.S. Capitol Christmas Tree is just that. Moving the tree will be unique for us, but we’re more than capable. We’ll even be using our own multiple cranes to lift the tree onto the back of the trailer.” Wilbanks employees Josh Garcia, Brum Stephens and Josh Rice were nominated by their peers and selected by company leadership to drive the special Kenworth W990. “Over the years, we’ve heard how special this trip is for the trucking company making the delivery, and how meaningful the tour is for adults and kids alike when the U.S. Capitol Christmas Tree makes its way through all the towns to Washington, D.C.,” said Laura Bloch, Kenworth assistant general manager for sales and marketing. “The annual lighting of the U.S. Capitol Christmas Tree is an important American tradition. The tour brings American pride to all those involved, and to all those who see the special tree traveling across America. We’re especially excited that the Kenworth W990 will again transport the tree.” “This cross-country trip is an excellent example of the critical role large vehicles play moving people and goods throughout our nation.  FMCSA is excited to be part of this effort and we ask the public to do their part in sharing the road safely, especially during the high-traffic, busy holidays,” said FMCSA Deputy Administrator Jim Mullen. Spireon’s FL Flex telematics device was chosen because of its modular, versatile functionality and ability to support a wide range of assets. From dry vans and refrigerated trailers, to the specialty flatbed needed to ship such delicate, oversized cargo like the U.S. Capitol Christmas Tree, Spireon is able to effectively manage and track any type of trailer. GPS tracking of the tree benefits the public as it provides a means for local communities along the tree’s whistle stop route to line the streets and welcome the tree as it passes through.    

WIT accepting nominations for ‘Top Women to Watch in Transportation’

PLOVER, Wis. — Women In Trucking (WIT) is now accepting nominations for the organization’s “Top Women to Watch in Transportation.” “Promoting the accomplishments of women is a big part of the Women In Trucking Association’s mission,” said Ellen Voie, WIT president and CEO. “Many women are making great strides and accomplishments in their careers and positively impacting their companies and helping to promote greater gender diversity.” The next issue of WIT’s magazine Redefining the Road magazine will feature “Top Women to Watch in Transportation.” Those interested can apply or nominate a woman who is worthy of this distinction, whether her role is in leadership, operations and safety, HR/talent management, sales and marketing or a professional truck driver, Voie said. Criteria used to identify qualified applicants will include significant accomplishments they’ve made in their career during the past 12-18 months. Nominations will be accepted through December 5. Click here for a nomination form. Here’s how it works: There is no fee to apply or nominate. Nominee must be a member of the Women In Trucking Association. Provide rationale for nomination, career background and accomplishments and awards within the last 12-18 months. (All three responses should be no longer than 250 words each) Be prepared to upload professional photo of your nominee (preferred file format: Print-quality JPG file, minimum 300 dpi) For additional information, click here. Because there are so many candidates, Voie said priority will be given to nominees who were not included on our 2018 or 2019 lists. For more information, contact Carleen Herndon at 615-696-1870 or [email protected].

Chao leads inaugural meeting of panel created to find solutions for rural roads

WASHINGTON — U.S. Transportation Secretary Elaine L. Chao this week led the inaugural meeting of the ROUTES Council, which was created to find solutions to improving the use of the Department of Transportation’s discretionary grant funds in support of rural America’s transportation system. The initiative, known as the Rural Opportunities to Use Transportation for Economic Success (ROUTES) Initiative, will analyze the department’s discretionary funding and financing opportunities to ensure rural communities’ transportation infrastructure helps the national transportation network meet desired outcomes for safety and economic competitiveness. “Rural infrastructure has historically been neglected and the ROUTES Initiative will address this to boost safety, commerce and quality of life for all who rely on these transportation networks,” Chao said. Rural communities and their transportation networks have been instrumental in building and supplying urban areas throughout our nation’s history, carrying people from city to city and carrying freight from bedrock American industries such as agriculture, mining, forestry, and manufacturing, Chao said, yet rural transportation infrastructure has significant challenges. While one-fifth of Americans live in rural areas, 70% of America’s road miles are in rural areas, carrying nearly 50% of the nation’s truck traffic. In addition, 44% of automobile travel on rural roads is done by metropolitan area citizens, and rural America’s traffic fatalities are disproportionately high, totaling 46% of fatalities in 2018.  Further, of the nation’s bridges that are posted for weight limits, 90% are in rural areas. Chao unveiled the ROUTES Initiative at the annual meeting of the American Association of State Highway Transportation Officials (AASHTO) in St. Louis, Missouri, last month.  The initiative will be led by the ROUTES Council, a new internal deliberative body at the Department, which will identify critical rural transportation concerns and coordinate efforts among DOT’s different modal administrations.  The council will initially review public comments, meet with rural stakeholders, and publish user-friendly information, including a rural resources handbook. The new ROUTES Initiative will address these national transportation challenges by assisting rural stakeholders in understanding how to access DOT grants and financing products, and developing data-driven approaches to better assess needs and benefits of rural transportation projects. The DOT said this builds on the model pioneered by the Department’s Transportation Infrastructure Finance and Innovation Act (TIFIA) loan program’s Rural Project Initiative, which offers lower project-cost thresholds for loan eligibility, subsidized interest rates, and the coverage of fees to encourage use of the credit program for infrastructure projects in rural areas.  The department will engage rural transportation stakeholders at events over the coming year to educate project sponsors about the funding and finance opportunities at DOT, as well as to receive their feedback. To learn more about the ROUTES Initiative, visit www.transportation.gov/rural.

Goodyear accepting nominations for 2020 Highway Hero award

AKRON, Ohio — Goodyear is accepting nominations for its annual Highway Hero Award, which honors truck drivers who put themselves in harm’s way to help others. The 2019 Goodyear Highway Hero Award winner, Paul Mathias, a driver for System Transport of Cheney, Washington, administered CPR to save the life of a young passenger involved in a car accident. “It’s incredibly humbling to hear story after story of the selflessness of so many of our nation’s truck drivers,” said Gary Medalis, marketing director, Goodyear North America. “Goodyear’s Highway Hero Award gives us an opportunity to share these incredible stories and celebrate the extraordinary deeds of truck drivers in the ordinary course of their work.” Nomination forms for the Goodyear Highway Hero Award are available here.  A copy of contest rules can also be found online. A panel of representatives from the trucking industry will select the next Goodyear Highway Hero from among three finalists identified by Goodyear. The winner will be announced in March 2020, coinciding with the annual Mid-America Trucking Show, and will receive a cash award, among other prizes. Each finalist will also receive a cash prize and various items. Nominations must be submitted before December 31, 2019 and meet the following criteria to be considered for the award: A full-time truck driver Residing in the U.S. or Canada The heroic incident must have happened in the U.S. or Canada Nominee’s truck must have had 12 wheels or more at the time of the incident Nominee must have been on the job – or on the way to or from work, in his or her truck – at the time of the incident Incident must have taken place between November 16, 2018, and November 16, 2019 The 2019 winner Mathias was in his hometown of Phoenix, starting his workday one morning, when he stopped at a red light. He watched as a woman in an SUV went to make a left turn as the light was changing. But a dump truck coming in the opposite direction came straight through and T-boned her vehicle. Later, Mathias said, the driver of the dump truck admitted he hadn’t hit his brakes at all before the collision. The SUV went spinning before coming to a stop near Mathias’ truck. Mathias, who had his headset on, dialed 911. When he got to the SUV, the woman who’d been driving had already gotten out and was getting her unconscious son out, despite being injured herself. As they started performing CPR on the boy, she told Mathias her 9-year-old daughter was still inside. Mathias got in the SUV and found the girl was pinned in place. The 911 dispatcher told Mathias to check for a pulse. When he couldn’t find one, the mother started crying, and the dispatcher told Mathias to go back and continue CPR on the boy. Mathias said emergency personnel got there within three minutes. It was too late for the little girl, but the boy and his mother survived. This accident was indicative of a problem he sees everywhere, Mathias said. “When that light turns yellow, people just gun it. The yellow light should mean to slow down.” This marks the 37th year Goodyear will be honoring a truck driver with this award. Other past Goodyear Highway Hero Award winners include a truck driver who ripped the back door from a burning car to save two passengers and a driver who dove into a pond to pull a child from a submerged car.  

Connecticut governor’s road improvement proposal includes new tolling

HARTFORD, Conn.  — Gov. Ned Lamont’s latest transportation improvement proposal limits new tolling to 14 specific bridge, interchange and highway projects, and sets in motion a possible fully functioning airport in south-central Connecticut. It also invests millions in new commuter rail cars and public busses. The 10-year, $21.1 billion plan, known as CT2030, will be unveiled publicly on Thursday. The Associated Press on Wednesday obtained a copy of the proposed executive summary of the initiative, which promises “swift and safe” roads, “fast and functional” trains and faster, safer, more convenient and reliable travel across the state. Unlike previous transportation plans, this one targets new spending to a limited number of specific projects while increasing the state’s investment in preserving the current system. “CT2030 doesn’t promise the kitchen sink,” the summary reads. “It prioritizes and pays for the most vital improvements for Connecticut residents.” Some Democratic legislative leaders gave the proposal early, positive reviews on Wednesday, after receiving a closed-door briefing from the Democratic governor’s staff. “I think this a plan, in its original form, as it is now, that might need a little work,” said House Speaker Joe Aresimowicz, D-Berlin. “But it’s something I can entirely embrace.” Unlike earlier transportation proposals, this plan focuses heavily on addressing the state’s worst traffic chokepoints, an idea welcomed by both Democrats and Republicans. According to the summary, Connecticut has six of the nation’s 100 worst traffic bottlenecks. “I think no question, commuters in the state of Connecticut complain the most about driving down the highway and all of a sudden you’re slamming on your brakes,” said Rep. Vincent Candelora, R-North Branford, who credited Lamont with “focusing on the right issues.” But Candelora said the GOP questions whether tolls are still needed to accomplish that goal. According to the summary, Lamont’s plan would rely on a combination of borrowing and limited tolls, referred to as “user fees,” ranging from 50 cents to $1 for passenger vehicles and $3.50 to $7 for heavy trucks. There would be 20% discounts for drivers with EZ-Pass transponders. The proposed tolling, which the summary calls “modest,” would begin in 2023. The administration estimates about 40% of the revenue generated would come from out-of-state drivers. A previous transportation plan that was ultimately disregarded earlier this year would have imposed about 50 overhead tolling gantries on Interstates 84, 91, 95 and parts of Route 15. “Now that we’re looking at a more realistic, scaled-back plan, we think that there could be ways to fund this program without adding a new revenue stream,” Candelora said. According to the proposed executive summary, Lamont’s plan relies partly on a special low-cost borrowing program from the federal government, which needs to be repaid with a dedicated funding stream. Candelora said that doesn’t necessarily have to be highway tolls. Tolling opponents agree. Cherie Juhnke of Plainville, who stood outside Wednesday’s meeting holding a “no tolls” sign, was unimpressed that this latest transportation proposal would limit the tolls to 14 bridges, interchanges and highway projects — a figure that could change. “We pay enough,” Juhnke said. “No tolls. They’ll never go away if they go up.” Besides highway improvements, Lamont’s new plan includes financial investments in rail, buses, ports and airports. It calls for the state to begin working with the federal government on a plan to transform either Tweed Airport in New Haven or Sikorsky in the Bridgeport/Stratford area, into an airport with 25 daily flights. There’s also funding in the plan for new commuter rail cars and other improvements with a goal of reducing round-trip commuter travel times by 20 minutes a day between New Haven and Penn Station in New York City. It’s uncertain when there might be a vote on the proposal, which could change in future negotiations. Aresimowicz said he’d like to see a vote in a special session. However, he didn’t rule out the issue coming up in the next regular legislative session, which convenes in February.    

Semi veers onto shoulder of I-30 in Arkansas hitting two vehicles, killing two

UPDATED 7:30 a.m. November 7 BRYANT, Ark. — Two people were killed early Wednesday morning when a FedEx tractor-trailer veered out of its lane and hit a vehicle that had been stopped pm the shoulder by a Bryant police officer. Authorities said about 1:45 a.m. Wednesday, Bryant Officer Seth Wakefield conducted a routine traffic stop on I-30 Eastbound around the 123-mile marker while working the DWI Task Force. The DWI task for is a state-funded program that allows officers to look for any individuals that might be driving while impaired. Officers said Wakefield noticed a vehicle that had defective equipment and conducted the stop. The vehicle was pulled over on the inside lane of the three-lane interstate next to the center median wall. Once the stop was completed, Wakefield returned to his patrol unit. The tractor-trailer, driven by Roshannon Dunnigan, 37, of Shreveport, Louisiana, plowed into both Wakefield’s vehicle and the vehicle he had stopped as a result of the traffic stop. Both vehicles, the patrol car and the vehicle on the stop, were struck by the FedEx 18-wheeler, which resulted in two fatalities. Arkansas State Police said two passengers in the car Wakefield stopped, Adriana Greenwood, 23, of Pointblank, Texas, and Treylin Cranford, 19, of Little Rock, Arkansas, were killed. The driver of the car, Andre Harris, 19, of Pointblank, Texas, was injured, as was Dunnigan. No information was available on their condition. Authorities said Wakefield sustained minor injuries and was treated and released from Saline Memorial Hospital in Benton, Arkansas, about six miles southwest of Bryant, which is located six miles southwest of Little Rock. The accident shut down I-30 for almost five hours. FedEx Ground released a statement regarding the accident: “First and foremost we extend our deepest condolences to the family and friends of the individuals involved in this incident. Safety is our highest priority and we are cooperating fully with the investigating authorities at this time.”    

Washington $30 car tab tax passing; would cost the state $4B in revenue next 6 years

SEATTLE — State and local governments could end up scrambling to pay for road paving and other transportation projects as a Washington state measure that would cut car tabs to $30 was passing in early returns Tuesday. Sponsored by Tim Eyman, the measure would cap most taxes paid through annual vehicle registration at $30 and largely revoke the authority of state and local governments to add new taxes and fees without voter approval. Initiative 976 was being approved by a 56 percent to 44 percent margin after the first votes were tallied in the all mail election. King County, the state’s most populous, was rejecting I-976 but most other counties were approving it by healthy margins. Vote counting will continue for days. The measure would also repeal taxes and fees that were already in place, which could cost the state and local governments more than $4 billion in revenue over the next six years, according to the state Office of Financial Management. Eyman says people are fed up with rising car tab costs. Just before the first votes were tallied, Eyman claimed victory, saying just getting the initiative on the ballot was a win. However, a large group of businesses including Microsoft and Amazon, as well as labor unions, waged a nearly $5 million campaign in opposition, saying the state needs car tab dollars to maintain a safe and effective transportation system. Joanne Lind, 60, Tumwater, dropped her ballot off at the drop box outside of Olympia City Hall Tuesday afternoon. She said she voted no on I-976. “I feel like people who own cars should help pay for the infrastructure,” she said. More than 60 cities use car-tab fees to pay for road construction, bus service and sidewalks. The state also charges fees to help pay for programs including Washington State Patrol traffic enforcement, highway maintenance, ferry operations and maintenance of county roads and bridges. Seattle Mayor Jenny Durkan and other government leaders have been vocal in their opposition and over a half-dozen city councils passed resolutions against it. The city of Olympia also sent a mailer urging people to vote no which the state Public Disclosure Commission said it would investigate because state law prohibits city councils from using public resources to promote or oppose measures. Eyman is also using the initiative to try and undo a car-tab fee hike collected by Sound Transit in the Puget Sound region, which uses a method of vehicle valuation that inflates some car values. Voters approved the increase as part of a light-rail expansion package in 2016 for King, Snohomish and Pierce counties. If I-976 passes, the agency stands to lose about $328 million a year, or about 11% of its annual revenue, according to the state analysis. Sound Transit said it could lose about $13 billion more over 20 years because of higher borrowing costs and possible project delays. In a statement Wednesday morning Sound Transit Board Chairman and Redmond Mayor John Marchione said the board would hear from its finance staff and lawyer at its Nov. 21 meeting. “The Board will consider Sound Transit’s obligations to taxpayers who want their motor vehicle excise taxes reduced, as well as how to realize voters’ earlier direction to dramatically expand high capacity transit throughout the Puget Sound region,” Marchione said. Eyman’s $30 car tab initiative first passed 20 years ago. It was struck down in court before being enacted by lawmakers. The fees have crept up in recent years as lawmakers allowed them and voters approved them. Eyman’s latest measure comes as he fights a campaign finance lawsuit filed against him by Attorney General Bob Ferguson. Eyman has been held in contempt of court for refusing to cooperate with court rules while a judge has ordered a for-profit signature-gathering firm to pay over $1 million for deceiving state residents by funneling their campaign donations to Eyman for his personal use.