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EROAD provides FMCSA with ELD data for HOS revision study

PORTLAND, Ore. — EROAD, a global technology provider of fleet management, electronic tax reporting and ELD compliance products for the transportation industry, said in a press release Monday that it had provided what it called “valuable and relevant” data to the Federal Motor Carrier Safety Administration as the agency collects public comment regarding proposed changes to the Hours of Service regulations. “We receive ongoing feedback about HOS rules and their impacts on the road and on the bottom line from our customers,” said Norm Ellis, president of EROAD North America. “HOS flexibility is important, and EROAD is in an excellent position to combine what we see in our data along with fleet operators’ experiences to help FMCSA make the best decisions on improving HOS.” In August, the FMCSA announced it was seeking public input regarding four provisions of the industry’s Hours of Service regulations that are currently under review by the agency. Those include: Expanding the current 100 air-mile “short-haul” exemption from 12 hours on-duty to 14 hours on-duty, to be consistent with the rules for long-haul truck drivers. Extending the current 14-hour on-duty limitation by up to two hours when a truck driver encounters adverse driving conditions Revising the current mandatory 30-minute break for truck drivers after eight hours of continuous driving Reinstating the option for splitting up the required 10-hour off-duty rest break for drivers operating trucks that are equipped with a sleeper-berth compartment. To provide relevant input to the FMCSA and represent the viewpoints of its customer base, EROAD took the following steps: Performed analyses on millions of anonymized, aggregated data points from trips taken by US-based vehicles and drivers from January 1, 2018, through July 31, 2018, examining ELD data for patterns of FMCSA violations in relation to type, frequency per driver, and time in violation. Based on questions provided by the FMCSA for public comment on HOS flexibility, surveyed EROAD customers and other fleet operators to seek context regarding the HOS provisions under review. Hosted an open roundtable webinar during which the data from the statistical analysis and the survey were discussed and additional commentary was captured. Encouraged carriers to submit comments directly to FMCSA through the webpage provided. As for how ELD data can be used to support a more flexible split sleeper berth rule, most respondents pointed out that ELDs can support additional flexibility by capturing the events in the driver’s day more accurately and helping carriers to better manage schedules and fatigue. Some pointed out that while ELDs can capture time, they do not capture fatigue. “If the idea is ‘rested and alert’ drivers behind the wheel, the 14-hour clock needs to allow drivers to stop to let the driver determine his rest periods and when they are needed, not based on the pressure of the current rule,” one respondent wrote. EROAD ELD data analytics found: 30-minute rest break is the most common violation, followed by 14-hour duty limit, 11-hour driving limit, and on-duty limit. One respondent said this rule had created a “nightmare” in fuel lanes at truck stops as compliance had replaced common courtesy. Another respondent said drivers at his company should be able to use more frequent, shorter breaks that they currently encounter. Another said everyone wants a break, but how many trucks “do you see on the side of the road taking all 30 minutes? Many drivers want to stop when they want to.” The proportion of violations by type has remained fairly consistent since the mandate was introduced Average time spent in violation is reducing over time The number of violations per driver is increasing for 11-hour driving limit and 14-hour duty limit violations “We appreciate suppliers like EROAD that get involved with our industry by providing actionable information for the FMCSA,” said Dave Heller, vice president of government affairs for the Truckload Carriers Association. “Going beyond offering a solution to provide data and expertise is what makes having highly engaged industry suppliers so valuable.” The full report submitted to the FMCSA can be found at: https://go.eroad.com/hos_research. EROAD was founded in 2000 and headquartered in in New Zealand with North American offices in Portland, Oregon. For more information, visit www.EROAD.com.

ATRI report says motor carriers’ marginal cost per mile rose 6 percent in 2017

ARLINGTON, Va. — With economic activity strengthening in 2017, the average marginal cost per mile incurred by motor carriers increased 6 percent to $1.69, according to the American Transportation Institute’s 2018 update to “An Analysis of the Operational Costs of Trucking,” which was released Tuesday. Using financial data provided directly by motor carriers throughout the country, this research documents and analyzes trucking costs from 2008 through 2017, providing trucking industry stakeholders with a high-level benchmarking tool and government agencies with a baseline for future transportation infrastructure improvement analyses. ATRI said cost increases were broad-based in 2017, with growth in nearly every major line-item over the year. However, even though the year-over-year average marginal costs per mile increased both in 2016 and 2017, it is lower than it was in 2014, when the costs per mile was $1.703. Driver wages increased for the fifth consecutive year. The combined cost of driver wages and benefits represent 43 percent of the overall cost per mile. The ATRI report noted that driver compensation, inclusive of wages, benefits and bonuses, has been the biggest source of cost increases incurred by motor carriers since 2012. Even when overall marginal costs were declining due to falling diesel fuel prices, increases in driver wages and benefits served as mitigating factors. At the same time, driver bonuses, while not a marginal cost, have been robust as carriers seek to entice new entrants into the industry, retain their existing workforce, and reward drivers for excellent safety and operational performance. The driver bonus cost center is growing quickly is in the amount and types of bonuses employers offer to drivers. A growing majority (62.7 percent) of respondents indicated that they pay drivers some type of financial incentive or bonus beyond wages. Survey respondents listed their most common incentives and bonuses as safe driving, on-time delivery performance, and additional financial incentives to attract and retain qualified drivers. Respondents reported paying drivers an average bonus of almost $1,300 for safe driving in 2017, a decrease from the $1,500 paid out to drivers in 2016.  On the other hand, drivers who met the criteria for on-time delivery bonuses were rewarded handsomely in 2017, receiving an average annual bonus of approximately $2,500, well above the rate of $1,950 observed in 2016. With respect to future driver compensation, the survey report said that while the freight market in 2017 saw freight demand improvements from 2016, the freight market has boomed in 2018.  With this strong demand for truck transportation, the report said, shippers are experiencing severe truck capacity constraints due in part to the driver shortage. Numerous reports indicate that carriers have had to increase driver pay and expand benefits packages yet again in 2018 in an effort to recruit and retain truck drivers.  Additionally, a majority of motor carriers now offer sign-on/stay-on bonuses to improve recruitment and retention efforts, while other carriers have been forced to raise their bonus offers to remain competitive. As a result, the overall compensation package offered to drivers can be expected to improve further in 2018, boosting the related line-item marginal cost centers. Fuel prices rebounded from decade-lows and the growing cost and sophistication of newer truck models continues to drive up costs for both purchasing and repair and maintenance. There is a significant variance on fuel costs when broken into fleet size. Fleets with more than 1,000 power units averaged 31.3 cents per mile while fleets with between 251 and 1,000 power units averaged 31.8 cents per mile. Those figures compared with an average of 46.1 cents per mile for fleets with 26-100 power units and 43.6 cents for fleets with between 101 and 250 power units. At the time of the report was released, national diesel prices were $3.26 per gallon, up 23 percent from the average price observed across 2017. Diesel prices are projected by the EIA to remain near this level for the remainder of the year. Although fuel prices are known to be highly volatile due to geopolitical concerns and unpredictable supply disruptions, it is clear that motor carriers can expect fuel costs to continue to exert upward pressure on overall line-item marginal costs in next year’s report. Overall, motor carrier operational costs have now surpassed the 10-year average since ATRI began its annual Ops Costs research. The average marginal costs per hour increased to $66.65 in 2017, compared with $63.66 in 2016. ATRI’s 2018 report also includes a new “Industry Sector in Focus” analysis, this year reporting operational costs for tank fleet operators. “ATRI’s Operational Costs research is such a powerful tool for fleets of all sizes. Better understanding how our costs stack up against our industry peers enables us to implement operational efficiencies and improve our bottom line,” said Dean Kaplan, CEO of K-Limited Carrier.

Mississippi DOT project designed to relieve I-55 congestion

JACKSON, Miss. — The Mississippi Department of Transportation is set to begin a project that the agency says will relieve peak drive time congestion on Interstate 55 in Madison County, which is immediately north of Jackson. “There is a bottleneck that develops during peak drive times on I-55 northbound entering Madison County,” said DOT Commissioner Dick Hall of the Central Transportation District and chairman of the Mississippi Transportation Commission. “This project will widen the interstate and relieve the current bottleneck, which will decrease congestion and drive times and improve safety for the traveling public.” The approximately $12.3 million project was awarded to Key LLC of Madison and will widen, mill and overlay I-55 northbound from County Line Road to the Natchez Trace Parkway. The project will also widen the I-55 northbound bridge under the bridge to I-220 southbound. The project will also address drainage issues on the West Frontage Road between Old Agency Road and Steed Road by removing and replacing existing curb and gutter. Lane closures will be necessary to perform this work. Additionally, the west end of Old Agency Road through the roundabout at Renaissance shopping center to the end of state maintenance. “The work taking place around Renaissance will begin next week and is scheduled to be complete before Thanksgiving and the holiday shopping season begins,” Hall said. The work on I-55 is not scheduled to begin until after the work on the West Frontage Road is complete. However, the traveling public will begin seeing construction signs placed along I-55 in preparation for work to begin. Once work begins on I-55, lane closures will be necessary. Most lane closures will occur at night to reduce the impact to traffic. “This project will significantly reduce congestion and increase safety on a heavily traveled section of I-55 in the Jackson-Metro area,” Hall said. “We ask for the traveling public’s patience as this project progresses and urge motorists to exercise extreme caution by slowing down and avoiding distractions in construction zones.” The DOT expects the entire project to be complete by fall 2020. Work zones present new traffic patterns and configurations that may be unfamiliar to motorists. For information about how to navigate highway work zones safely, visit www.GoMDOT.com/drivesmartms. For more information about these or other MDOT maintenance and construction projects, visit www.MDOTtraffic.com, call Mississippi 511, download the free MDOT Traffic app or like and follow @MississippiDOT on Facebook and Twitter.

Diesel prices jump nationwide, back over $4 per gallon in California

On-highway diesel prices rose for the week ending Oct. 1, according to the U.S. Energy Information Administration (EIA). The average price nationwide climbed by $0.042 to $3.313, the highest it’s been since December 2014. This week’s gain was the largest single-week gain since early May. Prices rose in every region across the country, although unevenly. In California, the price for a gallon of diesel rose $0.052, putting it over the $4 per gallon mark, at $4.038. The West Coast overall saw an increase of $0.043, to $3.802. California, however, did not experience the largest jump in prices for the week. That occurred in the Midwest, where diesel rose an even 6 cents, to $3.278, still one of the regions where diesel prices are lowest. The lowest diesel in the nation remains in the Gulf Region, where it finished the week at $3.079, up by $0.027 from a week ago. The smallest increase was in the Rocky Mountain region, where prices rose $0.012 to finish at $3.367. Nationwide, the price of diesel is currently $0.521 higher than it was a year ago. California has experienced the largest year-to-year gain, at $0.856, while the Lower Atlantic has seen the smallest year-to-year gain, $0.432 per gallon. Oil futures rose Oct. 1, with the U.S. benchmark up by $1.66 to close at $74.91 a barrel, while Brent crude climbed by $1.57, or 1.9 percent, to $84.30. Click here for a complete list of average prices by region for the past three weeks.  

Report: 97% of employers in transportation industry feel impact of fatigue

ITASCA, Ill. — A National Safety Council survey report released Monday found 69 percent of employees – many of whom work in in safety-critical industries – are tired at work, increasing the risk of injuries and incidents on the job. That includes 97 percent of employers in the transportation industry who feel the impact of fatigue, the highest among all safety-critical industries listed in the report. The report, “Fatigue in Safety-Critical Industries: Impact, Risks and Recommendations,” summarizes the results of two national surveys, one of employers and a second probability-based survey of employees. The report highlights findings from the construction, manufacturing, transportation and utilities sectors– all high-risk industries that tend to use shift work, which commonly leads to fatigue. The surveys also exposed a gap between how employees and employers view the risks and consequences of being tired at work. Ninety percent of employers feel the impact of fatigue on their organizations, including observing safety incidents involving tired employees and declines in productivity. However, just 72 percent of workers view being tired as a safety issue. “We’ve been looking at the impact of fatigue in the workplace for a long time, but it is troubling to see just how affected our safety-sensitive industries are,” said Emily Whitcomb, senior program manager of fatigue initiatives at the National Safety Council. “When you’re tired, you can be deadly and these industries are already at higher risk because of their safety sensitive jobs. We urge employers to address fatigue risk in their workplace so all employees can be healthy and safe.” Fatigue is a hidden but common hazard in all workplaces, regardless of industry, the report noted. In safety-critical positions, however, the consequences of being tired can be catastrophic. For example, mistakes on construction sites, around gas line digging areas or behind the wheel of big-rig trucks easily can lead to injuries or even death. Other significant findings from the Fatigue in Safety-Critical Industries report include: Nearly all – 95 percent – of employers in utilities said it is unsafe to drive while tired, but just 66 percent of employees in that industry agreed 100 percent of construction workers report having at least one risk factor for fatigue 46 percent of construction workers say they work during high-risk hours, such as at night or early morning Transportation industry employees who reported at least one risk factor for fatigue cited long shifts (42 percent) and sleep loss (48 percent) Lack of sleep costs $410 billion annually in societal expenses, and fatigue has a different price tag for each employer, the report said. The National Safety Council developed the Fatigue Cost Calculator to help employers determine how much a drowsy workforce is impacting their bottom lines and what can be done to solve the problem. The Council also developed the Fatigue Toolkit for employers interested in educating their workforce about causes and consequences of fatigue in the workplace and on the roads. Fatigue in Safety-Critical Industries is the third in a three-part series exploring the prevalence of fatigue risk factors and safety-critical incidents caused by fatigue in our workplaces. More information about the issue and copies of each report are available at www.nsc.org/fatiguesurvey.        

Georgia governor port plan includes ‘truck-only’ lanes

ATLANTA — Georgia Gov. Nathan Deal said he state is planning to invest in a second inland container port facility and build “truck-only” lanes on Interstate 16 out of the port of Savannah in a bid to relieve traffic congestion and improve highway safety. Deal reveal his intentions during a speech at the American Association of State Highway and Transportation Officials (AASHTO) annual meeting in here late last month, according to a report in the AASHTO Journal. “We have a good port in Savannah – the second busiest port along the entire Atlantic seaboard,” Deal said.  “That’s good but also bad because it creates traffic problems. I don’t mean to step on toes in the trucking business, but those trucks [hauling freight containers to and from the port] are always a concern to the driving public in smaller vehicles. So as the port grows, the number of trucks and containers grow as well.” To help relieve that congestion on Interstate 75 caused by freight-hauling trucks, Deal said he helped cement a deal three years ago involving the Georgia Ports Authority, Murray County and CSX Transportation that led to the construction of an inland port in the northwest corner of Georgia called the Appalachian Regional Port, which services North Georgia, Alabama, Tennessee and parts of Kentucky. Gov. Deal said that inland port – opened earlier this year and one of two in Georgia – “takes 50,000 containers a day off our roadways and will take double that number off our roads in 10 years. Soon, we will announce [construction of] a similar port in northeast Georgia off the I-85 corridor. We are excited about that; it will allow truckers to go to inland terminal and load containers on rail cars that will be transported to our port in Savannah. I think that is the wave of the future.” Deal added that Georgia is also planning to build a dedicated truck lane on I-16 out of port of Savanah heading north. “I think that may be the only dedicated truck lane in the country and we’ll be pleased when that comes into the being,” Deal said. He noted that such highway construction is made possible by a $1 billion transportation-focused tax increase Georgia’s legislature passed in 2015. “When you are growing rapidly, that puts great pressure on your infrastructure – we were mindful of that,” he said. “So in 2015 we convinced our legislature to revisit the way we pay for infrastructure improvements – because our funding mechanism had not been revisited in about 40 years,” Deal said. “Under our old formula, if you had the road paved in front of your house while you were in high school, you’d be eligible for social security before it was repaved again. “So our consistent and unified effort to educate our legislature helped get a new transportation bill passed in 2015; giving us $1 billion in additional revenue for infrastructure renewal in Georgia. As a result, we’re in the process of getting 11 major projects started for the next decade.” PHOTO CAPTION Courtesy: GEORGIA DEPARTMENT OF TRANSPORTATION Georgia Gov. Nathan Deal said the fact that the state’s Savannah port is the second busiest on the Eastern seaboard is a double-edged sword because the good business creates traffic problems.

Atlanta needs cowboys: dozens of cows loose after wreck

ATLANTA  — An overturned livestock truck spilled a herd of cows onto a highway cloverleaf north of Atlanta on Monday, causing traffic chaos including wrecks that killed several cows and injured a driver. Sgt. Joe Worsham of the Sandy Springs Police Department said the wreck happened about 3 a.m. Monday on the Cobb Cloverleaf connecting Interstates 75 and 285. The tractor-trailer carried about 90 cows and about half of them were still roaming in the Cobb County and Sandy Springs area late Monday morning, Worsham said. “We’re wrangling some cows, that’s what we’re doing,” Worsham said. Some roads in the area were closed for a time but had reopened late Monday morning, he said. Sandy Springs police worked four wrecks caused by the wandering cows, Worsham said. No one was injured in any of those accidents, although several cows were hurt and some had to be tranquilized as officers tried to corral them. Cobb County Sgt. Wayne Delk was quoted by the Atlanta Journal Constitution as saying that investigators do not believe speed was a factor in the crash. The driver of the tractor-trailer that was carrying the cattle was taken to a hospital with injuries. Cobb County animal control brought a horse trailer to the area and police were putting some of the animals in the trailer, he said. Most of the missing cows were no longer on the roads. “We don’t know where they are,” Worsham said. “We’re waiting for people to call and tell us there’s a cow in the backyard.” A spokesman for the Cobb County Sheriff’s Department did not immediately respond to messages Monday morning about the search for cows on their side of the Chattahoochee River. It’s the third such accident this year outside Atlanta, and the biggest yet. Smaller herds spilled onto Interstate 75 in May and Interstate 285 in June. PHOTO CAPTION This screen capture from video on Atlanta television state WSBTV shows a law enforcement officer trying to round up one of the cows that escaped a cattle truck after it wrecked early Monday morning.

CRST Dedicated team driver Lana Poveda is WIT member of the month

PLOVER, Wis. — Women In Trucking Association (WIT) has named Lana Poveda its October Member of the Month. Poveda is a CRST Expedited Team Driver with 15 years of service. Everyone in the transportation industry can find inspiration in Lana Poveda’s one-million-miles of accident-free driving, said WIT President and CEO Ellen Voie, who added what’s perhaps even more inspiring is Poveda’s fun-loving, gentle and uplifting spirit — and her ability to always look on the bright side of life, even when facing one of life’s greatest challenges. Lana was diagnosed with breast cancer last month. “I had some unexpected home-time, so I squeezed in an appointment,” Poveda said. “I’m glad I did, as my type of breast cancer is hard to detect; and it was detected early. I’m optimistic, but I am also leaning a little harder on my partner in love and life these days.” In Poveda’s case, her partner in and outside the cab is her husband, Claude. “After many years together, we’re still very much in love! It’s nice being together on the road because we work better together as a team,” she said. Now at their home in Palm Spring, California, the two are continuing to work together through her treatment plan before returning to their favorite part of their careers as drivers — traveling to see the country. Poveda recalls driving through Oregon on I-84 where there was a sight of elk grazing through a valley as far as she and her husband could see. “It was the greatest, most beautiful and majestic thing I have ever seen,” she said. “Driving is a ‘lifestyle’ job, but I love driving for CRST because I get to see the whole country and I never see the same things twice. And, Lisa, our DM, is a big sweetheart—she makes working for CRST awesome.” According to Poveda, CRST provides great support to women working in a male-dominated industry. “When I started, there weren’t a lot of women, but now there are so many,” she said. “And, that’s really inspiring to me, especially in my current situation. It’s great to have other women out there to talk with, share tips and offer support and encouragement.” Through her positive interactions with women out on the road, Poveda’s helping to change the landscape for women in the industry. “At the end of the day, you don’t have to fit into a certain persona or gender to be a driver. It’s about loving to drive and being an inspiration for all that want to enter this industry,” she said. Poveda’s words of wisdom for other women is if you really want to do something in your life, you should try. “Go for it, ladies,” she said. October is National Breast Cancer Awareness Month. As such, Voie urged women to consider encouraging family, friends and co-workers to get their annual mammogram and educate themselves on the risks, signs, symptoms of breast cancer. Women In Trucking Association is a nonprofit association established to encourage the employment of women in the trucking industry, promote their accomplishments and minimize obstacles faced by women working in the trucking industry. Membership is not limited to women, as 17 percent of its members are men who support the mission. For more information, visit http://www.womenintrucking.org or call 888-464-9482.

Canada-U.S. reach deal to stay in trade pact with Mexico

TORONTO — Canada was back in a revamped North American free trade deal with the United States and Mexico late Sunday after weeks of bitter, high-pressure negotiations that brushed up against a midnight deadline. In a joint statement, U.S. Trade Representative Robert Lighthizer and Canadian Foreign Affairs Minister Chrystia Freeland said the agreement “will strengthen the middle class, and create good, well-paying jobs and new opportunities for the nearly half billion people who call North America home.” The new deal, reached just before a midnight deadline imposed by the U.S., will be called the United States-Mexico-Canada Agreement, or USMCA. It replaces the 24-year-old North American Free Trade Agreement, which President Donald Trump had called a job-killing disaster. Trump on Monday morning called it a “great deal,” tweeting that it “solves the many deficiencies and mistakes in NAFTA, greatly opens markets to our Farmers and Manufacturers, reduces Trade Barriers to the U.S. and will bring all three Great Nations together in competition with the rest of the world.” He added: “Congratulations to Mexico and Canada!” The agreement reached Sunday gives U.S. farmers greater access to the Canadian dairy market. But it keeps a NAFTA dispute-resolution process that the U.S. wanted to jettison and offers Canada protection if Trump goes ahead with plans to impose tariffs on cars, trucks and auto parts imported into the United States. “It’s a good day for Canada,” Prime Minister Justin Trudeau said as he left his office. Trudeau said he would have more to say Monday. “We celebrate a trilateral deal. The door closes on trade fragmentation in the region,” Jesus Seade, trade negotiator for Mexico’s incoming president, said via Twitter. Representatives for the government of Mexican president-elect Andres Manuel Lopez Obrador have called a press conference to discuss details of the trade deal on Monday. Canada, the United States’ No. 2 trading partner, was left out when the U.S. and Mexico reached an agreement last month to revamp the North American Free Trade Agreement. The Trump administration officially notified Congress of the U.S.-Mexico trade agreement on Aug. 31. That started a 90-day clock that would let outgoing Mexican President Enrique Pena Nieto sign the new pact before he leaves office Dec. 1. Trump threatened to go ahead with a revamped NAFTA — with or without Canada. It was unclear, however, whether Trump had authority from Congress to pursue a revamped NAFTA with only Mexico. Some lawmakers immediately expressed relief that Canada had been reinstated in the regional trading bloc. “I am pleased that the Trump administration was able to strike a deal to modernize NAFTA with both Mexico and Canada,” said Senate Finance Chairman Orrin Hatch, R-Utah. “NAFTA is a proven success.” NAFTA tore down most trade barriers between the United States, Canada and Mexico, leading to a surge in trade between the three countries. But Trump and other critics said it encouraged manufacturers to move south of the border to take advantage of low-wage Mexican wages, costing American jobs. Trump campaigned on a promise to rewrite NAFTA — or get rid of it. Talks on a rewrite began more than a year ago. To placate Trump, Mexico agreed in August to provisions that would require 40 percent to 45 percent of a car be built in countries where auto workers earn at least $16 an hour to qualify for NAFTA’s duty-free benefits. It was surprising that the United States found it easier to cut a deal with Mexico than with Canada, a longtime ally with a high-wage economy similar to America’s. “When this got started, Canada was the teacher’s pet and Mexico was the problem child,” said Michael Camunez, president of Monarch Global Strategies and former U.S. Commerce Department official. But relations between Ottawa and Washington soured. In the aftermath of a disastrous G-7 summit in Quebec in June, Trump called Trudeau “weak” and “dishonest.” The two countries need each other economically. Canada is by far the No. 1 destination for U.S. exports, and the U.S. market accounts for 75 percent of what Canada sells abroad. PHOTO CAPTION Prime Minister Justin Trudeau leaves the Office of the Prime Minister and Privy Council after an agreement was reached in the NAFTA negotiations in Ottawa, Ontario, Sunday, Sept. 30, 2018. The U.S. and Canada reached the basis of a free trade deal Sunday night, a senior Canadian government official said. (Justin Tang/The Canadian Press via AP)

Port haulers, warehouse workers to strike Monday at Ports of LA, Long Beach

LOS ANGELES — Port haulers and warehouse workers at the Ports of Los Angeles and Long Beach, California, plan to strike Monday, October 1 over what they say is continued “misclassification” as owner-operators rather than company drivers, the Teamsters Union announced Friday through its Justice for Port Drivers organization. Specifically, the union and port drayage drivers are taking issue with XPO Logistics and NFI Industries for labeling the haulers as independent contractors rather than company drivers and as a consequence, are shorting them wages, among other things. According to a Teamsters news release, the workers will be striking at company facilities, marine terminals, rail yards, customer warehouses and distribution centers, and retail outlets. “Drivers at the Ports of Los Angeles and Long Beach have been challenging their misclassification as ‘independent contractors’ and exercising their rights as employees by engaging in collective action in the courts, in their truck yards and at the ports, including 15 strikes in the last five years,” said the release. This 16th strike is projected to begin at 7 a.m. Monday, in what the Justice organization said will be “a series of escalating strikes and actions to build worker power and expose a crooked industry that has been built on exploitation, wage theft and discrimination.”  

TCA gala raises more than $80,000 for Wreaths Across America

ARLINGTON, Va. — More than $80,000 was raised September 26 as the Truckload Carriers Association hosted its sixth annual fundraising gala in support of Wreaths Across America (WAA) at the Crystal Gateway Marriott here. More than 230 attendees — trucking executives, industry suppliers, military families, and members of the press — attended. New this year, WAA hosted its 2018 Virtual Convoy in conjunction with the gala. The event was broadcast live to hundreds of thousands of social media followers encouraging viewers to help fill a trailer with wreaths; the fundraiser was quite successful with $15,000 collected. The funds will support logistics for the delivery of two million fresh remembrance wreaths which will adorn veterans’ gravestones on National Wreaths Across America Day on December 15. “Each December, hundreds of TCA members are proud to haul a truckload of respect,” said TCA’s President John Lyboldt. “Tonight, we celebrated this great industry and its passion to help advance Wreaths Across America’s mission of Remember, Honor, Teach.” The evening’s keynote speaker, Medal of Honor Recipient Sgt. Sammy Davis, shared his story of resilience, detailing the early hours of November 18, 1967, when then Private First Class Davis’s artillery unit came under heavy mortar attack. Before concluding his speech, Davis played “Shenandoah” on a harmonica which was auctioned off at the event; a $3,500 donation to the transportation fund. Other notable speakers included American Gold Star Mother and professional speaker, Jill Stephenson, who shared with attendees the heartfelt story of her son, Cpl. Benjamin S. Kopp. After Stephenson spoke, the National Association of Independent Truckers (NAIT) and their insurance partner, IAT Insurance Group, donated $50,000 which will help cover fuel costs for owner operators hauling wreaths. Also during the event, Morrill, Karen and Rob Worcester thanked the trucking industry for their continued support and shared new logistics information. The Worcester’s encouraged American Gold Star Mothers in the audience to join them onstage to share their son or daughter’s name, rank, and date of death. During the reception, attendees had the opportunity to purchase exclusive, marble holiday ornaments as well as truck decals to showcase their involvement in and support for WAA. Guests were also encouraged to have a professional photo taken. Throughout the evening, attendees could place bids on more than a dozen silent auction items ranging from getaway packages to a Tiffany & Co. crystal decanter to an American flag which was flown over the U.S. Capitol on September 11, 2018. The gala was held in conjunction with TCA’s Fall Business Meetings and Second Annual Call on Washington. For more information about Wreaths Across America, or to haul a truckload of wreaths this December, visit www.WreathsAcrossAmerica.org. Search the hashtag #WAA2018 on social media networks to learn more about this year’s wreath-laying events. 8 PHOTO CAPTION Courtesy: TRUCKLOAD CARRIERS ASSOCIATION The keynote speaker at the fund-raising gala for Wreaths Across America, Medal of Honor Recipient Sgt. Sammy Davis, shared his story of resilience, detailing the early hours of November 18, 1967, when then-Private First Class Davis’s artillery unit came under heavy mortar attack.    

Stalled Michigan roadwork to resume after lockout ended

LANSING, Mich. — More than 150 stalled road projects across Michigan are set to resume after road builders agreed to end their lockout of a union of heavy equipment operators, Gov. Rick Snyder announced Thursday. The agreement brings to an end, at least temporarily, a labor impasse that had disrupted work for more than three weeks, including on big projects along Interstates 75 and 696 in the Detroit area. The Michigan Infrastructure & Transportation Association will stop the lockout of between 1,000 and 2,000 members of the Operating Engineers 324 union, who will work without a contract until the winter. The parties, who met with Snyder on Tuesday but left the meeting without a resolution, will use professional mediation to help with negotiations for a new contract, the governor said. “This is great news, and I appreciate that both sides were able to see how important the work they do is to the safety and quality of life for all Michiganders,” Snyder said in a statement. “The vital work of getting Michigan’s roads repaired should not have stalled, but the important thing now is that projects will be getting back on track.” About 50 contractors exercised what they called a “defensive lockout” on Sept. 4, more than three months after the expiration of the last union contract. The union called it an “involuntary layoff.” Snyder said a priority will be placed on projects that can be finished prior to winter weather arriving, while other projects will continue for as long as possible and be prepared for safe travel if they cannot be completed. The state had warned the contractors that they could have to pay liquidated damages if their work extends beyond contractually required completion dates. Snyder had floated the possibility of activating the Michigan National Guard to help with “critical” projects. Mike Nystrom, executive vice president/secretary of MITA, said this week that the contractors had started temporarily hiring an unspecified number of nonunion replacement workers — many from out of state. “I understand the frustration this has caused, but our association has an important responsibility to our members who are committed to doing the best work they can to build and maintain Michigan’s infrastructure on behalf of taxpayers,” he said in a statement. Ken Dombrow, president of Operating Engineers 324, said in a statement that “our members are ready to get back on their machines and get these projects done across the state, and look forward to working again as soon as we can.”

Ex-Pilot Flying J president gets 12 1/2 years in prison for part in rebate fraud scheme

CHATTANOOGA, Tenn. — The former president of the largest U.S. fuel retailer has been sentenced to 12 ½ years in prison and fined $750,000 in a scheme to defraud trucking companies. The Knoxville News Sentinel reported U.S. District Judge Curtis Collier sentenced former Pilot Flying J President Mark Hazelwood to 150 months on Wednesday. Hazelwood was convicted earlier this year of conspiracy, wire fraud and witness tampering. The jury heard secret recordings of Hazelwood using racial slurs and profanely criticizing his board of directors and his boss’s football team and fans. Hazelwood apologized for his language. “The motive was hubris — his competitiveness … his desire to capture more market share for Pilot,” Collier said, according to the newspaper report. “The defendant improperly took it upon himself to use the Pilot name and reputation … This degree of commandeering … the court is not aware of any reported case where such a situation has happened. “Mr. Hazelwood abused the trust of Pilot and the trust placed in him,” Collier continued. “The participants (in the fraud scheme) laughed and joked about it. They used extreme and offensive language. They used Pilot’s email … cellphones … financial management system. They talked openly of this criminal activity … He violated the law on a constant and repeated basis for half a decade.” Collier is allowing Hazelwood to remain free through November while the U.S. Bureau of Prisons determines in what facility he will be housed. He will remain under conditions of house arrest imposed after his conviction in February. Hazelwood was convicted after a four-month trial of conspiracy to commit wire fraud, wire fraud and witness tampering. He was the highest-ranking member of Pilot Flying J who was convicted in the plot. Two subordinates were convicted of varying crimes alongside him, and 14 others pleaded guilty. Two were granted immunity. Pilot Flying J’s board also admitted criminal responsibility. Court documents showed Hazelwood was earning $26.9 million at the height of the fraud plot — double his pay when the scheme began in earnest. Even after his indictment in 2016, Hazelwood continued to make money from the trucking industry. He heads a trucker recruitment firm; a trucking consulting firm and markets himself as an agent for truckers — all while under house arrest. Trial testimony showed Hazelwood and his subordinates used a diesel fuel discount program Hazelwood created that was supposed to allow small trucking companies the same type of breaks on diesel fuel granted much larger firms. But, court records show, Hazelwood and his subordinates shaved pennies off those discounts — with the trucking firms unaware. Prosecutors Trey Hamilton and David Lewen argued the fraud plot not only netted money from the thievery itself but, more importantly, lured trucking firms to do business with Pilot. The Knoxville newspaper reported that defense attorney James Walden argued Hazelwood wasn’t “preying on old ladies.” Walden said the trucking companies barely suffered — if at all. “They are not mom and pop stores,” Walden said, according to the newspaper’s report, “They’re corporations … You’ve never heard from a representative of even one of these customers … The victims have come forward in droves to support (Hazelwood).” At least four trucking company owners who were listed as victims of the fraud plot — which involved at least 78 firms — filed letters of support on behalf of Hazelwood. Walden argued Hazelwood revolutionized the trucking and truck stop industry and has used his wealth and his time for good deeds after working his way up from “humble beginnings.” Hazelwood denied guilt in his remarks to Collier on Wednesday. “I’m devastated I’m having to stand before you today,” the newspaper said he told the judge before sentencing. “I will be appealing my conviction. I do proclaim my innocence. We should have had policies and procedures to prevent this. We didn’t. I’m truly sorry.” Pilot Flying J paid Hazelwood $40 million to settle his employment contract when Pilot Flying J CEO Jimmy Haslam fired him — a year after the April 2013 raid on Pilot Flying J headquarters in Knoxville that unraveled the scheme. Pilot Flying J is also paying Hazelwood’s legal bills as part of the contract settlement. Lewen noted all that money Pilot has shelled out when he urged Collier to hit Hazelwood with a fine in addition to a prison term. “Mr. Hazelwood is not being required to pay one red cent to one victim in this case … because the company Pilot Flying J has already paid restitution to the victims in this case,” Lewen said. Collier described Pilot Flying J as a victim, too, of Hazelwood’s fraud plot. “Pilot had a good brand, but as a result of the defendant’s actions … Pilot suffered harm,” Collier said. Pilot Flying J is controlled by the family of Jimmy Haslam and Tennessee Gov. Bill Haslam. The Haslams haven’t been charged with any wrongdoing. The governor hasn’t been involved in the company in recent years.        

OOIDA to FMCSA: scrap 30-minute break; split sleeper berth; decrease detention time

Scrap the 30-minute rest break, go back to the pre 2005 sleeper-berth split of 10 hours as long as each rest period is at least two hours; and give added flexibility to the 14-hour clock by stopping it to account for “unforeseen” delays or simply to sit and “have a healthy meal,” the Owner-Operator Independent Drivers Association (OOIDA) said in its comments on Hours of Service flexibility. The comments were in response to the Federal Motor Carrier Safety Administration’s Advance Notice of Proposed Rulemaking on creating more flexibility within the HOS. Regarding the split sleeper berth, OOIDA commented that this would be “a colossal benefit” to drivers. In opting for a split sleeper berth, OOIDA quoted FMCSA’s own 2012 study which found that study participants who accumulated 7 total hours of sleep over a 24-hour period performed just as well as those who had 7 hours of sleep at a time. Being able to stop the 14-hour clock should be able to be applied not only in response to weather and road conditions but also to detention time, the group said, adding that changing the wording to “unforeseen” rather than “adverse” conditions, would cover all the bases as far as under what conditions the clock could be stopped. Drivers should be able to pause the 14-hour clock for up to three hours, they added. OOIDA also called on FMCSA to “take further action that would decrease detention times across the trucking industry,” noting an OOIDA Foundation survey which found drivers spend from 11 to 20 hours weekly waiting to be loaded and unloaded, while 22 percent collect no detention pay. According to a 2017 U.S. Department of Transportation study, OOIDA commented, lack of detention pay costs drivers annually more than $1 billion, or cuts annual pay by 3 to 3.6 percent. FMCSA Administrator Ray Martinez has said fixing the detention problem is not within the agency’s purview.  

Michigan governor frustrated over labor impasse disrupting road project

LANSING, Mich.  — Gov. Rick Snyder expressed frustration Tuesday after failing to end what he called an unprecedented labor impasse between road contractors and a union of heavy equipment operators that is disrupting more than 150 construction projects statewide, including major work on Interstates 75 and 696 in the Detroit area. “Our public is not going to be happy about this. I’m not happy. This is not a good situation,” Snyder said after holding his first in-person meeting with the parties. His aides had met separately with the Michigan Infrastructure & Transportation Association and the Operating Engineers 324 union last week, when the Republican governor was on a trade trip in China. The contractors exercised what they call a “defensive lockout” of between 1,000 and 2,000 unionized workers three weeks ago, more than three months after the expiration of their contract. The union calls it an “involuntary layoff.” Snyder, who is worried that the dispute will keep projects from being completed by the winter, said he likely will next warn both sides of unspecified consequences due to their “failure to make progress.” It is unclear what steps he may take, though one option under consideration is activating the Michigan National Guard. While the state Department of Transportation has contracts with the road builders, which include penalties for not completing projects on time, the agency is thought to have limited legal authority to affect negotiations because the dispute in between the contractors and their employees. “We’re still looking at all the legal options,” said Snyder, who has asked state Attorney General Bill Schuette for guidance. “It’s not as simple as simply declaring a state of emergency and having them go back to work. Much of this is under federal labor law.” The guard, he said, potentially could be used for “critical” projects — not for typical construction but rather to “help button up or get some in a better spot than they are today.” MDOT spokesman Jeff Cranson said traffic for the most part is moving smoothly through construction zones where work has been halted, but traffic is “heavily, heavily affected” at the I-75 Rouge River project near Detroit and the I-696 site in Macomb County, where lanes are closed.

OOIDA to co-host Guilt by Association Truck Show Thursday-Saturday

GRAIN VALLEY, Mo. — The Owner-Operator Independent Drivers Association will host its 45th anniversary at the Guilty by Association Truck Show (GBATS) in Joplin, Missouri, Thursday through Saturday. OOIDA and 4 State Trucks partnering to present the 10th annual GBATS which will include a listening session co-hosted with the Federal Motor Carrier Safety Administration. OOIDA leadership will host two open house meetings, Friday 10 a.m. to noon and Saturday 1 p.m.-3 p.m. Truck show attendees can also participate in scheduled entertainment and activities. Other events include a professional bull riding competition, a truck and tractor pull, a motorcycle stunt rider show, big rig drag races, a truck convoy for the Special Olympics of Southwest Missouri, and a downtown concert featuring Confederate Railroad. The FMCSA public listening session regarding the agency’s Hours of Service regulations is scheduled for Friday from 3:30 p.m.-5 p.m. in 4 State Trucks’ shop area behind the main store. During the scheduled listening session the FMCSA hopes to gather feedback which will be used to determine if HOS revisions may alleviate unnecessary burdens placed on drivers while improving safety on our nation’s highways and roads. After introductory remarks from FMCSA, participants will be invited to share their views on current regulations and other topics related to commercial truck drivers in an open forum. FMCSA has setup a registration page for the event at https://www.eventbrite.com/e/fmcsa-public-listening-session-tickets-50282212451 OOIDA said in a news release that the associaton’s members have often pointed out to their representatives in Washington that current regulations are overly complex, provide no flexibility and in no way reflect the physical capabilities or limitations of individual drivers. OOIDA members have told lawmakers their concerns about regulations that force them to be on the road when they are tired, during busy travel times and in adverse weather or road conditions. Their schedules are also at the mercy of shippers and receivers, and other obstacles that create a conflict between operating both safely and in compliance with HOS regulations. OOIDA petitioned the FMCSA earlier this year and expressed support for proposed legislation that came soon after, both of which would reform current regulations that dictate rest breaks for truck drivers. OOIDA’s petition recommended that drivers be allowed to take rest breaks once per 14-hour period for up to three consecutive hours as long as the driver is off-duty. It also suggested eliminating the 30-minute break requirement. On the legislative side, the Responsible and Effective Standards for Truckers, or REST Act, H.R.5417, is similar in that it would allow drivers to take one rest break per shift, for up to three consecutive hours. This single off-duty period would not be counted toward the driver’s 14-hour, on-duty allowance. The bill would not extend the total, allowable drive time limits. The bill was introduced by Rep. Brian Babin, R-Texas, and would also eliminate the existing 30-minute rest break requirement. The Owner-Operator Independent Drivers Association is the largest national trade association representing the interests of small-business trucking professionals and professional truck drivers. The association, which was established in 1973, currently has more than 160,000 members nationwide.

Nationwide diesel prices take tiny tick upward; difference 1 cent or less in all regions

Changes in diesel prices were barely noticeable during the week ending September 24, with most regions seeing a gain of 1 cent or less, while there were a few regions where the price dropped by a fraction of a cent, and there was no change at all on much of the West Coast, according to the U.S. Energy Information Administration (EIA). Put it all together, and the nationwide average price for a gallon of diesel rose a mere $0.003, to $3.271. The bad news is the price has climbed throughout the month of September; the good news is the gain has been less than 2 cents so far for the entire month. The Midwest saw the largest gain this week, with a full penny increase, from $3.208 to $3.218. By contrast, diesel dropped by $0.008 in the Rocky Mountain region, to finish the week at $3.355. The Gulf Coast was the only other region where diesel dropped. There, it fell from $3.056 to $3.052. Overall on the East Coast, diesel rose by $0.002, from $3.252 $3.254, with New England experiencing a hike of $0.003, while in the Central and Lower Atlantic, prices rose by one-tenth of a cent. Prices on the West Coast, minus California, were flat for the week at $3.759. In California, however, the price jumped by $0.007, from $3.979 to $3.986, raising the overall West Coast average by $0.004, from $3.755 to $3.759. Oil futures jumped September 24, as a committed of OPEC and non-OPEC oil producers concluded a weekend meeting without a plan to increase production to offset an estimated 2 million barrels per day that will be lost when U.S. sanctions against Iran begin November 4. Brent crude futures rose $2.42 to settle at $81.20 a barrel, the highest since November 12, 2014. U.S. West Texas Intermediate crude jumped by $1.30 to end at $72.08 a barrel. Click here for a complete list of average prices by region for the past three weeks.  

F4A amendment fails to make final FAA reauthorization legislation

WASHINGTON — An amendment to the Federal Aviation Administration Reauthorization Act of 2018 that would have clarified Congress’ intent to have primary regulatory authority over interstate commerce and end the erosion of such authority by states who impose meal and rest breaks that run contrary to national uniformity failed to make the final bill as approved last week by House and Senate leadership. House and Senate Committee leaders announced late Saturday they had reached a bipartisan final agreement on the three-year reauthorization act, which said would provide long-term stability and critical reforms to the FAA. The aforementioned amendment had been approved the House on a vote of 222-193 last April. The amendment was based on California’s meal and rest break initiative, but it has spread to other states and included a retroactivity clause that makes its effective date 1994 — or in essence — as if it had been enacted through the Federal Aviation Administration Authorization Act (commonly called F4A) of 1994. That means no one could have filed litigation for violation of state meal and rest break laws, as occurred after the Ninth Circuit Court of Appeals ruled in July 2014 that F4A does not preempt the application of California’s meal and rest break laws for motor carriers because these state laws are not sufficiently “related to” prices, routes or services. The California law requires employers to provide a “duty-free,” 30-minute meal break for employees who work more than five hours a day as well as a second “duty-free,” 30-minute meal break for people who work more than 10 hours a day. Other states followed, enacting their own break rules. Nearly 20 states have their own separate meal and rest break laws. Trucking industry lobbying groups pushed for an end to what they see as “patchwork” legislation. What steps the trucking industry might take to continue its fight to get legislation passed to eliminate state mandated meal and rest breaks remained unclear Monday afternoon.

Travel Centers to celebrate National Coffee Day

Saturday is National Coffee Day and truck stop chains are planning to celebrate in various ways. Pilot Flying J says it is treating guests to a free cup of Pilot coffee (any size) Friday and Saturday through the mypilot app. Pilot Flying J said guests who take advantage of the promotion can enjoy a choice of Pilot Flying J’s exclusive line of coffee varieties including new cold brew, bean-to-cup coffee and a limited time offer of pumpkin caramel macchiato. Participants can open (or download) the mypilot app for find a coupon in the myOffers portion of the app. The new bean-to-cup coffee allows guests to brew a fresh cup of coffee on demand by selecting the coffee beans and watching the machine grind, brew and dispense it. First-time users of the mypilot app receive an additional free drink of their choice when downloading the app. Love’s Travel Stops says it is doubling the fun and fundraising for CMN Hospitals this year by celebrating on Friday and Saturday. On both days, customers can get 24-ounce coffee or other hot beverages at Love’s for $1. Those hot beverage sales will benefit Children’s Miracle Network Hospitals to help sick and injured children across North America. My Love Rewards members can use a free drink refill credit on coffee, and Love’s will still donate $1 to CMN Hospitals on their behalf. “We are excited to extend National Coffee Day for our loyal and generous customers who rally around our CMN Hospitals campaign year after year,” said Jenny Love Meyer, vice president of communications for Love’s. “National Coffee Day is the perfect way to connect with our customers and wrap up another successful fundraiser.” Customers can choose from Love’s signature house blend, Colombian and Brazilian blends, and Love’s signature dark roast at more than 470 locations in 41 states. Fall favorites such as the pumpkin spice cappuccino and bourbon pecan coffee are available for a limited time. French vanilla cappuccino and hot chocolate are also available. Love’s customers are encouraged to show their support for CMN Hospitals and Love’s by posting on social media using the hashtag #MilesOfMiracles. Customers can also support their local hospitals through Sunday by purchasing a CMN Hospitals Miracle Balloon at a Love’s location for $1, $5 or $20. Love’s annual campaign to raise funds for CMN Hospitals began August 26. Since 1999, Love’s has raised more than $25 million for children and their families who visit Children’s Miracle Network Hospitals. At both TravelCenters of America and Petro Stopping Centers locations, guest can receive free coffee, cappuccino or hot team up to a 24-ounce size all day Saturday while supplies last.

Drivewyze adding five locations in Nebraska

DALLAS – Drivewyze PreClear weigh station bypass has expanded its service into Nebraska, adding three more locations on Interstate 80, and two on Highway 2. These five locations join an existing Drivewyze service site on I-80. All six Nebraska bypass sites are located at busy weigh stations and are integrated with weigh-in-motion sensors embedded in the roadway. The added locations in Nebraska follow Drivewyze’s announcement that 21 locations in Oregon, through the Oregon Green Light (OGL) preclearance program, will be activated soon. In addition, six locations in Missouri were activated at the end of August. “We continue with our aggressive expansion, having coverage in 43 states and provinces; plus we’ve been working hard to expand the number of service sites within our existing state network,” said Brian Heath, president and CEO of Drivewyze. “Our goal is to provide our customers with the industry’s most bypass opportunities. It incentivizes participation in the bypass program by providing coverage where and when drivers need it most.  It also gives our customers a competitive advantage by saving more time and money while improving driver recruitment and retention.” I-80 is the major artery running through Lincoln and Omaha – Nebraska’s two largest cities, and it has the state’s highest truck volume with an average of around 3,500 trucks per day. “The interstate connects truckers through Denver and all the way to Salt Lake City to the west; to the east, it will take them to Chicago.” The new Drivewyze locations were installed at the three busiest weigh station locations in Nebraska — located in Waverly — eastbound (joining the westbound site that was previously activated), and North Platte (both east and west). On Highway 2, the locations are in Nebraska City — both west and eastbound. Nebraska City is the state’s third busiest weigh station (about 40 minutes south of Omaha) and connects truckers to Kansas City. Highway 2 near Lincoln has the largest truck volumes among highways outside of urbanized areas with some portions experiencing more than 2,500 trucks per day. According to Colonel John Bolduc, superintendent of the Nebraska State Patrol, the activation of more Drivewyze sites will help the state continue to improve highway safety, while rewarding industry for their safety and compliance practices. “We strive for efficiency at the Nebraska State Patrol and are always looking for ways to improve our service to Nebraskans and others who share the road,” Bolduc said. “The Drivewyze system gives our Carrier Enforcement Troopers a valuable tool to work with carriers and keep Nebraska roads safe.” With the Drivewyze PreClear weigh station bypass service on their Drivewyze-enabled smartphones, tablets, and electronic logging devices, customers can now receive bypass opportunities at more than 700 locations. The Drivewyze PreClear weigh station bypass application is available on a number of Drivewyze partner platforms, including Omnitracs, PeopleNet, Transflo, Rand McNally, Zonar, and Platform Science. Fleets can request a free weigh station activity report to help them determine how much Drivewyze can potentially save them before activating the subscription-based weigh station bypass service. The application is also available for Android and iOS-based tablets or smartphones. Drivewyze comes with a free Weigh Station Heads-Up service for real-time notifications at more than 1,200 weigh stations and inspection sites nationwide. The notification service helps carriers improve driver compliance and reduces violation rates to positively impact carrier safety scores. To learn more about Drivewyze, visit www.drivewyze.com.