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Published by mpg_jennifer, 2019-11-21 11:07:19

Tennessee Trucking News Q3 Fall 2019 featuring TTA's Convention & Award Winners

The Official Magazine of the Tennessee Trucking Association

Keywords: trucking,politics,safety,association,regulation,business

truckingTENNESSEE OFFICIAL MAGAZINE
OF THE TENNESSEE
TRUCKING ASSOCIATION

Q3 FALL 2019

$4.95 VALUE

NEWS

TTA’s 89th
CONVENTION

ELDs

HOURS OF SERVICE

2019 Grand Champion Award,
Matt Holmes, Southern Champion Tray
& Major Brandon Douglas, THP


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TABLE OF CONTENTSTennessee Trucking News OFFICIAL MAGAZINE OF THE TENNESSEE TRUCKING ASSOCIATION
Q3 FALL 2019

COVER STORY P 16

TTA’S ANNUAL
CONVENTION
COVERED THE

INDUSTRY’S
IMPORTANT

ISSUES

Hours of service, ELDs, tin foil hats,
well-deserved awards and the

event's first-ever EXPO in Destin,
Fla. combined to make TTA's
Convention a grand success

BY STEVE BRAWNER

FEATURES 2019 Grand Champion Award, Matt Holmes,
Southern Champion Tray & Major Brandon Douglas, THP
11 Rep. Dan Howell
Reports on Tennessee P 14
IMPROVE Act

A look into how Tennessee’s
landmark legislation has
progressed since being
implemented

BY DAN CALABRESE

14 Your Credit Card Isn’t
the Card They Want

BY TODD GOODWIN

32 TTA’s Road Team
BY CATHERINE STUART

DEPARTMENTS COVER IMAGE AND IMAGE ON THIS PAGE OF HOLMES AND DOUGLAS BY MANDEE JOHNSON.
Q3 FALL 2019 TENNESSEE TRUCKING NEWS • 5
7 Chairman’s Message

BY CONNIE VAUGHAN

7 TTA’s Board of Directors
9 From the President

BY DAVE HUNERYAGER

34 New TTA Members
34 Calendar of Events

34 Advertiser Resource Index


When Neely B. Coble and his
son opened the doors of Neely
Coble Company in 1951,

there were few truck dealerships to model the
business after. However, with great foresight, they
knew they could offer the Tennessee trucking
industry a valued service.

Neely Coble Company was built on the premise
that “the customer comes first!” After adding over
60 years of truck experience and the progressive
ideas of today’s technology, there are few dealer-
ships that can offer your business more support!

One man’s dream has become a full service
Freightliner, Isuzu & Sprinter dealership offering
parts, service and an excellent inventory of new & used trucks. Neely Coble Company also provides a highly expe-
rienced sales force and state-of-the-art body shop. We may have grown substantially since 1951, but our objective is
still the same…

Quality you can depend on,
from a name you can trust!

Nashville, TN - (615)244-8900 - (800)367-7712
Madison, AL - (256)350-1630 - (800)433-6351
Bowling Green, KY - (270) 392-3345 - (833) 220-4644

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truckingTENNESSEE Chairman’s Message
NEWS
Well, Since You Asked, Mr. President…
Official Magazine of the Tennessee Trucking Association
Tennessee Trucking News is owned by the Tennessee Trucking As I’m writing this the weather forecast is chilling. Literally.
Association and is published quarterly by Matthews Publishing Chilling! Temperatures are expected to drop 30 degrees tonight and
for the next few days we will experience winter-like conditions in Tennessee. Which of course
Group. For additional copies, to order reprints of individual means our drivers are already experiencing wintry weather conditions in other parts of the
articles or to become a subscriber to Tennessee Trucking News, country. Enhanced safety technology is advancing rapidly. However, the best safety defense is
a well-trained, alert driver. Getting to the right place, on time, while managing meal and rest
contact Carol Foster at CFoster@TNTrucking.org breaks, is a challenge. It’s important that drivers know they have our support to take a break
when they’re feeling fatigued.
Publisher Jennifer Matthews-Drake
I happened to be in the right place at the right time a few weeks ago when I met and spoke
Jennifer@MatthewsPublishing.com with President Donald J. Trump! When I told him I was Chairman of the Tennessee Truckers,
he quickly asked, “How’m I doin’ with the truckers? I love the truckers!”
Executive Editor Dave Huneryager
Well, since you asked, Mr. President… I replied, “When you speak so fondly about the
DHuneryager@TNTrucking.org farmers and their impact to the U.S. economy, please remember there is a professional trucker
haulin’ the goods for every farmer!”
Creative Director Fran Sherman
fran@shermanstudios.com I don’t know how I got the courage to speak so boldly, except that I am so very proud to
be your Chairman. I’m still looking for that Tweet that gives a shout out to our industry.
Graphic Designer Barbara Negron Who knows? Maybe when that professional driver and beautiful rig delivers the National
Ad Production Christmas Tree, he will remember.
Photographers Doug Benjamin
Thanks to all who helped with the first annual “Haulin’ for the Holidays” toy drive. A
Clay Cook beautiful reminder of the generosity of the trucking industry and another reason I am still
Contributing Writers Mandee Johnson proud to be your Chairman.

Larry Kuzniewski Connie Vaughan, TTA Chairman
Caleb Shane Lollar and Government Relations, McKee Foods Corp.
John David Pittman Connie.Vaughan@mckee.com

Catherine Stuart

Steve Brawner
Renee Miller

Derek Rayment
Jennifer Barnett Reed

John Schulz
Todd Traub

www.TNTrucking.org
Tennessee Trucking Association Staff

President & CEO
Dave Huneryager
DHuneryager@TNTrucking.org

Membership Coordinator
Donna England

DEngland@TNTrucking.org

Foundation Coordinator
Catherine Stuart

CStuart@TNTrucking.org

Administrative Coordinator
Carol Foster

CFoster@TNTrucking.org

An affiliate of the American Trucking Associations

Tennessee Trucking Association (TTA) has served as the voice for Tennessee’s
trucking industry since 1930.TTA is a trade association dedicated to the furtherance
of the trucking industry’s goals and interests in Tennessee and the United States.
Our membership is a diverse group comprised of motor carriers, both public and
private, and companies providing products and services to the industry.TTA serves
these companies as a governmental affairs representative before legislative,
regulatory and executive branches of government on issues that affect the trucking
industry.The organization also provides public relations services, operation services
and serves as a forum for industry meetings and membership relations.

For more information, contact TTA at:
Tennessee Trucking Association

4531 Trousdale Drive, Nashville, TN 37204
Telephone 615-777-2882
Facsimile 615-777-2024
www.TNTrucking.org

Q3 FALL 2019 TENNESSEE TRUCKING NEWS • 7


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www.TAGTruckCente

www.TAGTruckCwewnwt.TeArG.cTorumckCenter.com


From The President

Tennessee Trucking Association Thank you to everyone that attended the 89th Annual TTA
Executive Committee Convention in Destin! We had another spectacular event with
record turnout, and the weather was perfect!
CHAIRMAN OF THE BOARD
We held our first ever EXPO that was very well attended and
CONNIE VAUGHAN received great reviews from the exhibitors. There were terrific presentations by Kevin
McKee Foods Transportation, LLC Brown and Dave Osiecki. Eddie Wayland, David Changas and Jim Embrey participated
in a great panel of transportation attorneys. THP Captain Travis Plotzer, FMCSA’s Jeff
EXECUTIVE COMMITTEE Sanderson and Dave Osiecki comprised our outstanding regulatory panel. We also
welcomed House Transportation Chairman Dan Howell and ATA Chairman Barry
President & CEO Secretary Pottle. Southern Champion Tray, LP, was named Grand Champion of the TTA Fleet
DAVE HUNERYAGER JIM MOSBY Safety contest.
Tennessee Trucking
FirstBank During the Convention, TTA honored professionals who made accomplishments in the
Association Treasurer trucking industry with several distinguished awards. Our 2019 Grand Champion Award
ATA State Vice President SCOTT SCHUMPERT went to Matt Holmes from Southern Champion Tray, LP. Perry Wilson from McKee
Carr, Riggs & Ingram CPSs Foods Transportation was named the 2019 recipient of the Hugh Galbreath Award for
SCOTT GEORGE East Tenn. Vice Chairman Safety Professional of the Year; Barry Vincoin from FedEx Freight was the recipient of
TCW, Inc. JEFF REED the Maintenance Professional of the Year Award. Craig Kendall from The Pete Store
Skyline Transportation was the recipient of the Allied Professional of the Year Award. Patrick Mendenhall
TruckPAC Co-Chairman Middle Tennesse from Cumberland International Trucks was named the inaugural winner of the Young
DAVE MANNING Vice Chairman Professional of the Year Award.
TCW, Inc. MIKE MCFARLIN
M & W Transportation Co., Inc. The 2019 Clean Diesel Award Winners were Averitt Express, Inc.; Big G Express;
TruckPAC Co-Chairman Southeast Tennesse
TERRY MINOR Vice Chairman Pemberton Truck Lines; TCW, Inc.; Titan Transfer, Inc.; and U.S. Xpress Enterprises, Inc.
JOE SMITH We introduced the newest group of TTA Professional Road Team Captains. This group
Cumberland International Kenco Transportation Services
Trucks, Inc. West Tennesse of safety-minded professionals continues to carry the banner for our Association and
Vice Chairman industry, improving our image daily in the way they preach the message of how to safely
TTF President JASON HIGGINBOTHAM share the road with commercial vehicles. We are extremely proud of each of them!
TOMMY HODGES Ozark Motor Lines, Inc.
Titan Transfer, Inc. Non-Domiciled Vice Chairman Thanks again to all our wonderful sponsors, highlighted this year by our Premier Golf
Allied Vice Chairman NICK D’ANDREA Sponsor; Snider Fleet Solutions! You make us the envy of our industry every year by the
way in which you support this event. It would not be the kind of event it is without your
TROY DICKENS UPS unwavering support. We cannot thank you enough for all that you do for us!
Rush Truck Center, Nashville
Immediate Past Chairman On behalf of our Chairman, Connie Vaughan with McKee Foods, the entire Executive
Committee and our Board of Directors, thank you for attending our event. If you were
WAYLAND THOMPSON unable to attend this year, please consider attending our 90th Convention next year. We
FleetFirst, Inc. look forward to seeing you in Destin in 2020!

General Counsel Thanks again,
C. DALE ALLEN Dave Huneryager
Adams and Reese LLP President, Tennessee Trucking Association
dhuneryager@tntrucking.org
BOARD OF DIRECTORS

DIRECTORS AT LARGE JIM BRIGGS
Advanced Ergonomics, Inc.
BRAD ALLEN
Venture Express CORY LILE
Occusure Workers’ Compensation
BETH FRANKLIN
Multi-Task Solutions EDDIE WAYLAND
King & Ballow
STEVE FRANKLIN
Multi-Task Solutions BILL TIRRILL
Fleetco, Inc.
JERRY HAMPTON
Pinnacle Bank SOUTHEAST TENNESSEE

JOE SHARP MAX FULLER
Western Express U.S. Xpress Enterprises, Inc.

SHEILA SHOUN LISA PATE
Shoun Trucking Co. U.S. Xpress Enterprises, Inc.

WAYLAND THOMPSON TOMMY THAXTON
FirstFleet, Inc. Best One Tire & Service

ROB RHEA DAREL DYER
FedEx Freight Premier Truck Group of Chattanooga

WAYNE WEAVER JEFF TANNER
Rapid Ways Leasing Kenco Management Services

BOB WEST WEST TENNESSEE
R.E. West, Inc.
MARK GEORGE
BILLY WHITE Intermodal Cartage Co., Inc.
Clarke Power Services
JOHN ROSS
EAST TENNESSEE Milan Supply Chain Solutions

RUBY MCBRIDE TIM GATLIN
Colonial Freight Systems Empire Express, Inc.

BILL REED, III CATHY PHILLIPS COATS
Skyline Logistics, Inc. H.B. Phillips, Inc.

JEFF ALLEN JEFF REEVES
Great West Casualty Company Reeves Brothers Trucking, Inc.

CRAIG KENDALL JEFF EARLE
The Peterbilt Store,-Knoxville Thompson Power Corp.

MIDDLE TENNESSEE TOMMY EARL
TAG Truck Center
WILLIAM KEITH
FirstExpress, Inc. DICK SWEEBE
Summit Truck Group, Memphis
PAT MARSH
Big G Express, Inc. NON-DOMICILED REGIONAL

BRAD RAHRER MIKE KELLEY
Portland Express, inc. YRC Worldwide, Inc.

ALLIE SHARP SCHWALB HAL DOWLAND
Sharp Transport, Inc. HELP, Inc., Provider of PrePass

JOHN WALTON GREG SHIPMAN
Averitt Express, Inc. Vertical Alliance Group

BILL BOB WEST SAM FAUCETTE
R.E. West, Inc. Old Dominion, Inc.

Q3 FALL 2019 TENNESSEE TRUCKING NEWS • 9


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Rep. Dan Howell Reports on
Tennessee IMPROVE Act

A look into how Tennessee’s landmark legislation
has progressed since being implemented

BY DAN CALABRESE
CONTRIBUTING WRITER

When the residents of a state absorb a Transportation is undertaking 116 state’s economic vitality. But the state had
tax increase of any kind, they’re probably projects that will cost a total of $2.6 billion. not raised its gas tax since it went to 21
not going to like it. But how they feel That’s just the start of the state’s efforts to cents per gallon in 1989. And without the
about it in the long run will probably be address a $10 billion backlog in road and tax being indexed to inflation, Howell said
determined by the results they see. bridge projects. the actual buying power of the tax had
declined to 11 cents per gallon prior to the
When the gas tax in Tennessee was State Rep. Dan Howell (R-Cleveland), passage of the IMPROVE Act in 2017.
raised in 2017, as part of the Tennessee the chairman of the House Transportation
IMPROVE Act, the increase was coupled Committee, said traffic volumes and safety That explains the $10 billion backlog.
with a reduction of other taxes, including were primary considerations in deciding “We had reached the point where we
taxes on groceries, manufacturing and which projects got the green light first. were several billion dollars behind in
earnings from stocks and bonds. maintenance, and basically we were almost
“Most everything TDOT does is driven at the point where all we could do was fix
Meanwhile the gas tax, which will from the aspect of safety. That is the potholes and things like that,” Howell said.
ultimately amount to an additional six foremost concern in my opinion,” Howell But the needs are much more
cents per gallon, have been in a three- said. “In talking to Commissioner (Clay) challenging than just fixing potholes.
year phase-in. Similarly, the state’s tax on Bright, I believe that’s the focus he takes. Howell said he has driven all the major
diesel fuel is increasing 10 cents a gallon We need to make the roads safer, look roads in the state since becoming
and compressed and natural gas will at the accident rate, the fatality rate on chairman, and is amazed at the number of
increase by 8 cents, also phased in over the a particular bridge – and those tend to projects that have been necessary to get the
same three-year period. Now that we’re be higher on the list of repairs. A second state’s infrastructure where it should be.
toward the end of that phase-in period, concern is how it will help the economy One particular need that got Howell’s
an ambitious list of road and bridge in Tennessee.” attention is the 75/24 interchange
improvement projects is underway. near Chattanooga.
Howell said maintaining the state’s
Over the period between 2019 and infrastructure is one of two major factors CONTINUED 
2021, the Tennessee Department of (the other being education) driving the

Q3 FALL 2019 TENNESSEE TRUCKING NEWS • 11


“Chattanooga has been the number one of $120-to-$140 million. cut the tax on food, cut the excise tax and
crossroad for semi-trucks in America,” That’s what people are paying for Hall Income tax, is paying about the same
Howell said. “The number of trucks on as before. And I will not be surprised to
that I-24 and I-75 at that split is just mind- at the pump, although the Legislature see proposals for additional tax cuts in the
boggling, and we’ve had a number of constructed the IMPROVE Act to give upcoming session.”
trucks turn over on the bridge.” most people a net tax cut.
All told, according to research from
The improvements that will address the “I’m paying $40 to $50 a year on that the USDOT, a driver who drives between
problem are now underway, at a likely cost six-cent gas tax,” Howell said. “But the 15,000 and 20,000 miles a year in
average driver in Tennessee, by the time we Tennessee is paying around $290 a year in
total state gas taxes, with the new six-cent
increase added to the previously existing
21-cent gas tax.

Another element of the IMPROVE Act
that should make a difference is a provision
through which county and municipal
governments receive grants to take care
of their own local infrastructure needs.
A full 30 percent of all the money raised
under the IMPROVE Act goes to cities
and counties.

Additionally, the state added another
$42 million for cities and counties out of
the state’s operating surplus.

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“Bradley County, in that one-time grant, required by the feds, and then you have tax burden on constituents who live in
received an infusion of about $800,000,” to do engineering studies and then the Tennessee and pay the tax.”
Howell said. “Polk County got about right-of-way acquisitions. Then you do the
$600,000. The counties have not had an design and take the bids. It’s taken three Dave Huneryager, president of the
increase in their state share funding since years. I laughingly tell people that if we Tennessee Trucking Association, said
1989, so really they were just to the point had built the Interstate system today, it Howell met with TTA members recently
where all they could do was fix potholes. would never get done in my lifetime.” and was very forthcoming about issues
I’m seeing paving all over my district now, that impact the trucking industry.
so I’m in favor of taking that surplus and Tennessee is one of only a handful
doing something similar again.” of states in the nation that does not “We were pleased to have him join
borrow money or float bonds for road us at our convention and interact with
Still, it will take time for the state to construction, so the passage of the higher our membership,” Huneryager said.
eliminate that $10 billion backlog in gas tax was essential to making the more “We appreciated his presentation and
projects. TDOT’s total budget in 2019 ambitious construction schedule possible. his willingness to talk to our group on a
is approximately $3.16 billion. Howell And while the corresponding cuts in number of different issues, the IMPROVE
believes it will take TDOT ten to eighteen other taxes might be thought to introduce Act in particular.”
years to catch up on the backlog. budget pressures elsewhere, Tennessee is
actually running a $600 million budget All told, the IMPROVE Act lists 962
Some of that delay is due to the slow surplus this year. projects that need attention. So while the
nature of anything government does. 116 now underway represents a strong
“Now we’re faced with the thought of start, there is still a long way to go getting
“There’s a road in my district that runs how do we give this surplus money back Tennessee’s roads and bridges back in the
past three schools, and it’s been on TDOT’s to the people who pay the tax?” Howell condition they should be in.
list of priorities for a long time,” Howell said. “I’m strongly in favor of putting it
said. “It’s taken three years to get through back into infrastructure to relieve the But for the first time in 30 years, there
all of the environmental studies that are may actually be the resources available to
make it happen. TTN

DALE ALLEN TONY SWAFFORD ROCKY KING
Partner Partner Partner
Nashville Nashville Nashville

Transportation and Logistics

HOLLY McDANIEL ROB BREUNIG CLAYTON BYRD
Government Affairs Partner Special Counsel
Advisor (non-lawyer) Nashville Nashville
Nashville

Our Adams and Reese Transportation and Logistics Team advises clients on issues CANNON ALLEN BEN FOX JEFF BROOKS
relating to the entire supply chain and all modes of transportation: highway, water, Partner Partner Partner
air, rail, and pipeline. We understand the particular demands and complexities of Memphis Memphis Washington, DC
the industry, and therefore, maintain real-time knowledge of statutory, regulatory,
and legal decisions that impact your business. Through our governmental relations www.adamsandreese.com
team and our membership and leadership in several transportation industry
organizations, we stay up-to-date on relevant legal developments on a regional, ALABAMA | FLORIDA | GEORGIA | LOUISIANA | MISSISSIPPI
national and international level. SOUTH CAROLINA | TENNESSEE | TEXAS | WASHINGTON, DC

Q3 FALL 2019 TENNESSEE TRUCKING NEWS • 13


YOUR CREDIT CARD

ISN’T THE CARD THEY WANT!

BY TODD GOODWIN
GUEST WRITER

Jack is a stellar employee Last Month: You see, last month, Jack Jack was done driving, and therefore,
who has been with the same went to the license bureau to get his CDL done working! The next few weeks were a
trucking company for over renewed. Considering it his “every 4-year nightmare of trying to prove that he was
12 years. Jack’s employer nuisance”, he finally stepped up to the the Jack that didn’t get the DUI’s and that,
always made sure Jack counter to get his picture taken and get in fact the other Jack wasn’t Jack at all.
drove the new truck in the back out to his truck. However, when the Jack’s employer tried for weeks to hold his
fleet because Jack always lady behind the counter looked up his job open, but the routes needed covered,
gets the job done and works driver’s license, that’s when the trouble and in the end, Jack’s truck was handed
extra hours to make sure began! She told him, “Sir, I’m not sure over to another driver and Jack’s job came
the customers are taken why you’re here…..you haven’t had a valid to an end.
care of, deliveries are on license for 6 months.” To his amazement
time and his company looks a brief check showed that Jack’s CDL had This may look like fiction but, with the
great! He’s the employee been suspended for failing to show up exception of a few changes of the name
EVERYONE wants. Jack just for his court dates following his 2 arrests and details to “protect the innocent”, Jack’s
got fired! for DUI….in New Mexico! Immediately, story is the story of a real Ohio employee
and his real Ohio employer. In fact, Jack’s

14 • TENNESSEE TRUCKING NEWS Q3 FALL 2019


story happens far too often with about 1 court houses to make sure you know when “your day” to be used.
in 3 identity thefts involving some form activity happens. If you would like talk about how this
of driver’s license fraud and the “real Jack”
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employers are added to the victim list services by experienced investigators who call us here at DataGuard Partners, a
when this happens because let’s face it, do this for a living. fellow Tennessee Trucking Association
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clean license. We call it “Find it and Fix it” protection. in class identity theft protection! TTN
WARNING: Not all identity theft
Identity theft is ALWAYS about the protection is the same, so read the fine Todd Goodwin is with DataGuard Partners.
money for the identity thief! Let’s just get print. But if your coverage offers these 2
that out of the way. They make money by protections, you’ll be in good hands for the
assembling information on real people next time an identity thief decides that it’s
and then selling that completed identity to
someone who doesn’t want to be known
as themselves. But you need to realize
that when someone gets control of your
personal identifiers such as your drivers
license, finances may be the least of the
damage. In Jack’s case his identity had
been used to commit multiple minor
crimes (we’ve seen much worse!). But
although the crimes started out as “minor”,
the damage to Jack’s finances and his
reputation and his employer’s bottom
line was major! In the end, Jack’s problem
required the assistance of attorneys and
investigators to get resolved.

SO what is the “good news” in all of this?
You now know where the danger is and
that much of the identity theft problem
is simply a result of the technology we
all carry in our pockets. But just as the
thieves are using technology against you,
technology is available to protect you and
your employees. The key is knowing what
to look for in protection.

To put afirewall in front of identity theft
just as you would with health insurance or
car insurance, make sure you protect what
really matters. For instance, you would
never purchase car insurance that didn’t
actually repair the car or home owners
insurance that didn’t rebuild the house.
Likewise, when you shop for identity theft
protection, make sure it does 2 things
very well:

Monitors the things that matter such
as your driver’s license (at all state
DMV’s), passports, medical ID’s, changes
of address (at the post office), county

Q3 FALL 2019 TENNESSEE TRUCKING NEWS • 15


TTA’s Annual Convention Covered
the Industry’s Important Issues

Hours of service, ELDs, tin foil hats, well-deserved awards and the event’s
first-ever EXPO in Destin, Fla. combined to make TTA’s Convention a grand
success, tin foil hats, well-deserved awards and the event’s first-ever EXPO

BY STEVE BRAWNER
CONTRIBUTING WRITER

EXPO Ribbon Cutting: Dave Huneryager, TTA President, Connie Vaughan, TTA Chariman, McKee Foods Transportation, Jay Johnson, Snider Fleet
Solutions, Doyle Bradford, Snider Fleet Solutions

The FMCSA’s proposed hours of service Destin, Florida Sept. 15-17. Sanderson, and Tennessee Highway Patrol
revisions are a “step in the right direction,” The panel discussions were led by Captain Travis Plotzer.
but they could give shippers an excuse to
make drivers wait longer to load and unload. Donna England, TTA membership Among the topics discussed by the
Meanwhile, the electronic logging device coordinator. One consisted of attorneys attorneys was the FMCSA’s proposed
mandate has led to greater compliance with Eddie Wayland, a senior partner at King hours of service changes. The agency has
hours of service rules, though a few drivers and Ballow who has represented trucking proposed five rules changes: modifying
think they can beat the system with “tin foil companies for more than 35 years; David the sleeper berth exception to allow an
hats.” And motor carriers should set policies Changus, a transportation law attorney 8-2 or 7-3 split; lengthening the short-
and procedures ensuring driver sleeper berth at Lewis, Thomason; and James Embry, haul exception from 12 to 14 hours and
time isn’t compensable. a transportation attorney with Hall extending the distance limit from 100
Boone Smith. to 150 air miles; extending the adverse
Those were some of the highlights driving conditions exception by two hours;
of two panel discussions at the TTA’s The other panel had a regulatory focus changing the 30-minute break rule so that
Annual Convention at the Hilton and included Dave Osiecki with Scopelitis it would only take effect after eight hours
Sandestin Beach Golf Resort & Spa in Transportation Consulting, Florida of driving, and letting drivers take their
FMCSA Division Administrator Jeff

16 • TENNESSEE TRUCKING NEWS Q3 FALL 2019


break while still on duty but not driving; Matthew Montmeny, Jacob Dobry, KeepTruckin, Edmond Sorrell, TTA
and allowing an off-duty break of at least Asa Hazelwood & Paul Bohn, Eco-Flaps
30 minutes but not more than three hours
that would pause a driver’s 14-hour Jeremy Logan, FLX Systems
driving window.

Wayland said the proposals are a
“step in the right direction,” but FMCSA
merely “put their toe in the water” with
proposals that won’t really solve some of
the industry’s major challenges or change
shippers’ behaviors. Indeed, some of those
behaviors could become worse.

“We all know that one of the big
problems is sitting there waiting to get
loaded or get unloaded and the detention
time that’s involved in that,” he said. “I
think what this is going to do is maybe end
up giving the shippers an argument: ‘Well,
you don’t have to worry about this because
you can stop your 14-hour clock.’”

Embry said carriers should pay attention
if a driver tends to fatigue earlier than
the maximum allowable hours because
plaintiff ’s attorneys could seek to make an
issue of that situation.

During the regulatory discussion,
Osiecki said many fleets have not fully
transitioned from automatic onboard
recorders to electronic logging devices,
despite the requirement to do so by Dec.
16. He recommended fleets create a
transition plan with their vendor, and to
rely on that vendor. Fleets should start
small, learn about the technology and
then go fleetwide. They should realize that
the technologies are different in that only
ELDs have editing capabilities. In response,
carriers should have policies governing
what drivers can edit.

Fleets also should ensure someone is in
charge of reconciling unassigned driving
events. Someone should be responsible for
noting who moved the truck without logging
in. Osiecki said an FMCSA official had said
the third most commonly cited ELD violation
in audits the last couple of years involved
motor carriers failing to review records of
unidentified driving and/or annotate the
record to explain why it was unassigned.

CONTINUED 

Q3 FALL 2019 TENNESSEE TRUCKING NEWS • 17


“So carriers are not doing it, and they’re Amy Langley & Rusty Burnett, Midwestern Insurance Alliance
being found that they’re not doing it Chase Black, Comdata
during audits, so it’s something that there’s $1,000 Bingo Card Winner - Jason Bolton, Averitt Express
a focus on by the feds,” he said. “So I’d
encourage you to focus on the unassigned
driving. And it’s not the easiest thing in the
world. There’s lots of examples where it’s
tough to figure out, but you at least have to
make a dent.”

Sanderson encouraged attendees
to obtain the correct report regarding
unassigned driving events. On some
FMCSA investigations, carriers wrongly
have said they have no such events. One
mid-sized carrier believed it was in the
clear until the investigator said it had the
wrong report and helped it find the right
one online. It turned out the carrier had
152 pages of unassigned driving events.

“They thought they were doing the right
thing,” he said.

Sanderson warned carriers to ensure
the packages they are purchasing are
actually ELDs. Vendors have sold trucking
firms packages with ELD hardware but
automatic on-board recording software
without informing the firms about the
discrepancy. Those devices will not
comply with the upcoming requirement.
He encouraged fleets not to wait until
the last minute to make the transition,
and said many of the violations involve
falsifications by drivers.

“We’ve even had a few that think the
tinfoil hat on the GPS still works. You’d be
shocked,” he said.

Sanderson said that while hours of
service issues are still occurring since the
ELD mandate went into effect in 2017,
drivers are trying not to run out of hours,
and carriers are tracking hours better.

“Our hours of service violations are
going down,” he said. “That means drivers
are getting more rest. I’m not going to get
into talking about hours of service right
now, but we’re excited to see that ELDs are
helping make the roads safer.”

Asked by England what’s happening
roadside, the Tennessee Highway Patrol’s

CONTINUED 

18 • TENNESSEE TRUCKING NEWS Q3 FALL 2019


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CONTINUED FROM PAGE 18  berth time was not compensable, but facts to support your argument that it’s not
administrations in the 1970s said it compensable,” he said.
Plotzer said training – and follow-up would not be compensable only for up
training – are crucial. Among the 67,000 to eight hours. More time spent in the Those facts include carrier policies
inspections during the recent Commercial sleeper berth would be compensable if regarding whether drivers must stay in
Vehicle Safety Alliance Roadcheck in June, the driver were consistently on duty for their truck or within sight of their truck,
the most common violations involved a 24-hour period. Cases started getting or if they have the right to leave the truck,
braking systems at 28%, followed by tires litigated, with plaintiffs saying they were lock it, and enjoy their free time.
and wheels at 19.3%. on duty the entire time. A district judge in
Massachusetts recently found the time was “I think the biggest thing you can do
The attorney panelists also were asked compensable in one case. While the Labor is look at some of these cases to what the
about the recent letter from the Labor Department saw things from employers’ judges say and point to on this, and then
Department about the compensability perspective, that judge said the law is what can you do to fix your policies and
of sleeper berth time. On July 22, the supposed to be a statute for workers. procedures where you don’t fall into that
department wrote that drivers’ time spent same trap?” Wayland said. “Invariably
in sleeper berths is not compensable unless “I think the moral to the story is … you when I get a trucking client and they have
they are working or on call. can manage these risks, but you have to one of these issues, the first two things they
see what polices and procedures create tell me is, number one, we’ve always done
Wayland said the department in the
1940s and 1950s ruled that sleeper CONTINUED 

Dan Wolford & Robert Gifffin, Parman Energy Group Ronda Lewis & Andrew Fodor, Optym

Lee Smith, Mutual of America & Johnny Johnson, Shell Glenn Chenot, Idelic
Q3 FALL 2019 TENNESSEE TRUCKING NEWS • 21


Judy Stokes, Washington National Insurance the types of crashes qualifying as
nonpreventable from eight to 15.
it that way, and number two, everybody Meanwhile, the Federal Motor Carrier
does it that way – neither of which are Safety Administration is proposing Sanderson said fleets that are the subject
a defense, and that’s why the plaintiffs’ removing nonpreventable crashes from of a compliance investigation should tell
lawyers are making a killing on this stuff carriers’ Safety Measurement System investigators if alerts in their crash BASIC
because everybody does basically do it that (SMS) scores while making permanent a involved nonpreventable accidents.
way and they get this, and it’s just cookie demonstration program covering those
cutter on these complaints.” crashes. It also proposes increasing “We can’t remove them from the record,”
he said. “We can’t remove them from SMS,
but if you have, just as an example, if you
have eight crashes within the last year, seven
of those you believe were nonpreventable,
that’s going to make a huge difference
in what your score’s going to be in the
outcome of the compliance investigation, so
please send those in to us.”

The attorneys also discussed how
carriers should preserve evidence after an
accident. Changus said carriers should
preserve everything if they reasonably
anticipate litigation, including logs, bills
of lading, trip receipts and dash camera
video. Otherwise, documents can be hard
to find if a lawsuit is filed long after the
incident. Attorneys should be involved

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22 • TENNESSEE TRUCKING NEWS Q3 FALL 2019


Clark Johnson, Havco early despite the costs, one of the benefits
being that all communication is protected
by attorney-client privilege. If a carrier gets
an attorney involved from the beginning,
he or she can work with an investigator and
an accident reconstructionist and gather
witness statements.

Embry agreed that it’s important
to involve the attorney soon after the
accident, saying, “The key is anticipation of
litigation.” Carriers can better evaluate their
situations with their attorney if they have
preserved the evidence. He described a
legal principle known as anchoring, where
the defendant quotes a number first rather
than wait for the plaintiff ’s attorney to
make a demand.

Wayland asked how many of the
attendees have written record retention
policies that are up to date and in good
shape. If they’re not, they need to take steps
to make sure they are.

“The way things are now, I’ve got a secret
CONTINUED 

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Q3 FALL 2019 TENNESSEE TRUCKING NEWS • 23


for you. I know people don’t like lawyers,” Jay Johnson, Snider Fleet Soultions, Dan Howell, Tennessee House Representative, Chairman of
he said. “I understand that. But (they’re) the Transportation Committee, Doyle Bradford, Snider Fleet Solutions
not real crazy about trucking companies
either when you get into these wrecks and Sheila Henderson, TCW, Grady Phillips, Lisa Goolsby, Derek Duhame, Corporate Medical Services
stuff. And so if you don’t have something
that you should have, or you got rid of Hal Dowland, Prepass, Dena & Bill Reed III, Skyline Logistics, Karen Rasmussen, PrePass
something that’s not consistent with your Safety Alliance
record retention policies, you’re just killing
yourself because everybody automatically
thinks that whatever it was, they’re going
to imagine it to be 10 times worse than it
really was. So it’s just not really a game that
you ought to play.”

Equal employment opportunity lawsuits
were also covered by the attorney panel.
Wayland has been seeing cases regarding
deaf drivers, service animals and especially
sexual harassment. He said the #MeToo
movement has changed the game.

“So I’ve started my own movement,”
he said. “It’s called #NotMe or
#NotMyCompany.”

Sexual harassment cases often involve
driver trainers. He said the Ninth Circuit
Court of Appeals has said a situation
where two people are in a cab for an
extended period “is an incubator for
sexual harassment.” Carriers must train
female drivers because they need them and
because failure to do so is discrimination.
One carrier was sued for sexual harassment
in a mixed sex training environment, so it
decided it wasn’t going to do that anymore.
Unfortunately, that meant female trainees
had to wait longer to get trained, so the
company found itself the target of an
Equal Employment Opportunity
Commission lawsuit.

Wayland said carriers should give female
trainees the choice of whether they will
be trained by a male or female. Some
won’t want a male trainee. He said carriers
should train their personnel on the subject.
Carriers tend to post sexual harassment
policies for office personnel and in the
employee handbook, but they fail to
train drivers and include it in their
handbook. He also warned that trainees
can harass trainers.

Embry advised attendees to think about

24 • TENNESSEE TRUCKING NEWS Q3 FALL 2019


Kyle Fellhoelter & Randy Brock, K & L Trailer Sales and Leasing, Inc. how they can be sued, and to consider the
polices, procedures and training they have
in place.

“Build your case before you’re sued.
Build your defense before you’re sued,”
he said.

Drug use was another topic of
conversation. The attorneys were asked if
a truck driver can use CBD (cannabidiol)
oil, a product derived from marijuana and
hemp. Embry advised against it, saying the
rules are too much in flux. While all states
have approved the use of some type of
CBD oil, percentages differ regarding THC
(tetrahydrocannabinol), the ingredient in
marijuana that produces the high. There
are also federal issues to deal with.

Changus warned attendees that while
CBD is legal, a driver could test positive
for THC.

“If I’m driving your truck, I’m not going
to use it,” he said. “It’s just too messy. It’s a
gray area.”

CONTINUED 

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Q3 FALL 2019 TENNESSEE TRUCKING NEWS • 25


The regulatory panel also discussed Rob Stoker, Lytx
the DRIVE-Safe Act, a bill in Congress
that would create a process for letting
drivers ages 18 to 20 drive across
state lines. Osiecki said the proposed
legislation is unlikely to pass despite
having support from members of both
parties in both houses of Congress.
That’s because FMCSA is considering a
pilot program that would accomplish a
similar objective.

“When’s the last time you saw the U.S.
Congress do something they didn’t have
to do? They only act in crisis,” he said.
He later added, “I think a pilot program
actually gives the U.S. Congress a very
good reason not to act, which I think is
what’s going to happen.”

Osiecki pointed out that insurance rates
are based on experience, and the safety
record of younger drivers is significantly
worse than among the older population.

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26 • TENNESSEE TRUCKING NEWS Q3 FALL 2019


fees will continue dropping, just as they did
in 2018 and 2019, because a cap exists on
the amount of money the fees can collect.
A notice in the Federal Register said the
fees will fall by 12.5% in 2020 and 4.5% in
2021, he said.

Another change coming is that FMCSA
has issued a notice of proposed rulemaking
requiring states to accept out-of-state
knowledge tests on commercial driver’s exams.

Osiecki believes the rule will happen.
“This administration’s put a focus on
making the CDL rules more friendly to the
industry and less friendly to the states,” he
said. He later added, “The feds are forcing
the states’ hand on this, and it will be
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Q3 FALL 2019 TENNESSEE TRUCKING NEWS • 27


Empower
your drivers

STOPto help
humtaranfficking

Human trafficking incidents are on the rise, with more than 49,000 cases being

reported to the National Human Trafficking Hotline over the past 10 years. (Source: Polaris
Project, 2017) Truck drivers are in a unique position to help because they frequent

common trafficking places due to their job, such as truck stops, rest areas, and gas stations.

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COMPANIES LISTED IN RED ARE TTA CONVENTION SPONSORS


Connie Vaughan, TTA Chairman, McKee Foods Transportation Dan Howell, Tennessee House Representative, Chairman of the
Transportation Committee

2019 Grand Champion Award, Matt Holmes, Southern Champion 20019 Young Professional of the Year Award - Patrick Mendenhall
Tray, & Major Brandon Douglas, THP Cumberland International Trucks, & Dave Huneryager, TTA

Debbie Davis, accepting award for Specialty Transport, & Major 2019 Maintenance Prefessional of the Year Award - Barry Vincion,
Brandon Douglas, THP FedEx Freight & Dave Huneryager, TTA

2019 Allied Prefessional of the Year Award - Craig Kendall, The Drug & Alcohol Clearinghouse Presentation - Dave Osiecki,
Peterbilt Store – Knoxville & Dave Huneryager, TTA Scopelitis Transportation Consulting

Q3 FALL 2019 TENNESSEE TRUCKING NEWS • 29


Tommy Hodges, Titan Transfer & Tommy Wilson, Retired Greg Shipman, Vertical Alliance Group, Nicky & Pat Landreth, Ozark
Motor Lines, Missy & John Ross, Milan Supply Chain Solutions

Allie Sharp Schwalb, Sharp Transport, Inc., David Gooch, Road Gary & Barbara Holbrook, Safety Services, Kathy & Brad Rahrer,
Team Captain, Sharp Transport, Inc. Danny Wall Portland Express, Inc.

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Thank You
Since 1954, the American Transportation
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Step up and leave your footprint for the good of
the industry.
Visit www.atri-online.org to explore your giving
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Photo: NASA
30 • TENNESSEE TRUCKING NEWS Q3 FALL 2019


Attorney Transportation Panel - Moderator Donna England, TTA, Patrick Mendenhall, Cumberland International Trucks, Dan & Beverlee
Panelists, Eddie Wayland, Kind & Ballow, James Embrey, Hall Howell, Tennessee House Representative, Chairman of the Transportation
Booth Smith, P.C. David Changas, Lewis, Thomason, King, Krieg & Committee, Connie Vaughan, McKee Foods Transportation
Waldrop, P.C.

2018-2019 Road Team Captains Vicky Broyles, Averitt, Larry Elks, Max Life Company

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Q3 FALL 2019 TENNESSEE TRUCKING NEWS • 31


Tennessee Trucking Association’s

Road Team

Far L, Road Team Captains Eddie Threlkeld-HUB Group and (Far R) John Anderson-TCW and Jamie Sowder-FedEx Freight at Gaston Community Center

Road Team Captains in red, L to R, Eddie Threlkeld-HUB Group, Road Team Captains in grey shirts, sitting, Juan Morel-FedEx, standing,
Vernon Brewer-UPS and Devin Rackley-Averitt Express at Make a Wish David Gooch-Sharp Transport, and John Henderson-TCW with No Zone
presentation at West TN Big Rigs event truck at TNSRO Conference

Road Team Captains Eddie Threlkeld, HUB Group (far L) and Far R, Road Team Captain Eddie Threlkeld-HUB Group, with members of
Vernon Brewer, UPS Freight (Far R) with children at Bert Ferguson Greater Middle Baptist Church
Community Center

32 • TENNESSEE TRUCKING NEWS Q3 FALL 2019


(Back to camera) Road Team Captain Scott Lambert-FedEx at CarFit Event at Karns Senior Center

Road Team Captains (L to R) Mike Mosier-Old Dominion Freight, Eddie Road Team Captains Devin Rackley-Averitt Express and Cleve McCord-
Lindsey-Big G Express, Eddie LeSueur-Skyline Transportation and Paula Sharp Transport talk with teens at THSO Camp
Harper-FedEx Freight at Boys and Girls Clubs Knoxville

In front of students, ATA Captain Tim Chelette-Big G, TN Road Team Road Team Captains (L to R) David Gooch-Sharp Trransport, John
Captains Jamie Sowder-FedEx, David Pugh-UPS, Devin Rackley-Averitt Henderson-TCW, Paula Harper-FedEx, Wayne Covely-Walmart and Mike
at Oakland HS Mosier-Old Dominion at TNSRO Conf

Q3 FALL 2019 TENNESSEE TRUCKING NEWS • 33


Calendar of Events Tennessee Trucking News

NOVEMBER ADVERTISING
November 28 TTA Budget Committee Meeting RESOURCE INDEX
November 28-29 Holiday - TTA Office Closed - Thanksgiving
Adams and Reese LLP 13
DECEMBER
ATRI 30
December 7 HOLBROOK TNG: Defensive Driving Course for Professional
Truck Drivers Clarke Power Services 25
December 11-12 NATMI - Safety & DOT Compliance
December 19 TTF Raffle Drawing / TTF Board & TTA Executive Committee Drivers Legal Plan 23
December 24-25 TA Office Closed – Christmas

Fleetco, Inc. 15

Great West Casualty Co. Inside front cover

New TTA Members Hall & Booth PLLC 27

PrePass Safety Alliance 12

ALLIED CARRIER International/Navistar Inside back cover
• Big Rig Parking, LLC • 46 Logistics, Inc.
• ConMet • ATC Trucking J.J. Keller & Associates 28
• Max Life Company • D and R Dumpsters
• Optym • Delta Cartage Joe Morten & Son Insurance 26
• Plow Networks, LLC • Fitzgerald Collision & Repair
• Quality Driver Solutions, LLC • Highway Environmental MHC Kenworth 4
• Rushing Enterprises, Inc.
• TKO Graphix Response Solutions, LLC Nacarato Volvo Trucks 22
• Transcorp Services
• U.S. Marine Insurance Group Neely Coble Company, Inc. 6

Premier Truck Group of Chattanooga 21

Rush Truck Center Back cover

Snider Fleet Solutions 3

Southern Tire Mart 15

TA/Petro 10

TAG Truck Center 8

Tennessee Trucking News 34

Truckers Against Trafficking 31

Please visit www.TNTrucking.org to see the digital version of This edition of Tennessee Trucking News
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34 • TENNESSEE TRUCKING NEWS Q3 FALL 2019 this publication to its members, prospective
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JJCiiOmmRPPPORiinnATddEeeFrrLEET DIRECTOR

CORPORATE FLEET DIRECTOR

TTHHEE DDCCEEOOLLMMIIVVBBEEIINNRRAAIINNTTGGIIOORRNNEETTLLHHIIAAAABBTTIILLPPIIUUTTTTYYSSAATTNNHHDDEEBBEEEERRTTBBTTGGEERRRROODDUURRPPIIVVOOEEFFRR CCSSOOAATTMMIIPPSSAAFFAANNCCIIEETTSSIIOOAANNHH..EEAADD
“Our business deals with refrigerated deliveries, so it’s imperative we’re on time – breaking down isn’t
“Our business deals with refrigerated deliveries, so it’s imperative we’re on time – breaking down isn’t
aann ooppttiioonn.. BBeeiinngg tthhee lliigghhtteesstt eennggiinnee iinn iittss ccllaassss,, tthhee IInntteerrnnaattiioonnaall®® AA2266 EEnnggiinnee aalllloowwss uuss ttoo hhaauull mmoorree
ppaayyllooaadd aanndd eeaarrnn mmoorree rreevveennuuee.. NNoott ttoo mmeennttiioonn,, wwee ccaann ggeett oovveerr 1100 mmiilleess ppeerr ggaalllloonn.. IItt’’ss rreessuulltteedd iinn
mmoorree ffuueell ssaavviinnggss ffoorr uuss tthhaann oouurr pprreevviioouuss ssppeecciifificcaattiioonnss.. IItt’’ss aallssoo tthhee qquuiieetteesstt aanndd mmoosstt eefffificciieenntt eennggiinnee
we have in our fleet. Reliability is key, and our uptime depends on the International® LT® and RH™ Series
we have iIInnnttoeeurrnnr aafltteiiooennt.aaRll®®eAAlia22b66ilEEitnnyggiiisnnkeee..””y––, aJJniimmd oPPuiinnrddueeprrtime depends on the International® LT® and RH™ Series
with the
with the

VIEW THE ERB GROUP OF COMPANIES FULL STORY AND DISCOVER THE BENEFITS OF DRIVING AN
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Nashville TN (615) 256-4633 Knoxville TN (865) 637-4881 Memphis TN (901) 527-5654 Union City TN (731) 885-9302

Murfreesboro TN (615) 427-4600 Cookeville TN (931) 738-0480 Memphis TN (901) 345-6275 Murray KY (270) 753-1372

VOLUNTEER INTERNATIONAL Morristown TN (423) 586-8558 LEE-SMITH Bowling Green KY (270) 843-9031
www.volunteerintl.com www.lee-smith.com Oak Grove KY (270) 605-5301

Jackson TN (731) 422-3411 Chattanooga TN (423) 622-4161

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