Q2 SPRING/SUMMER 2021
8.1 8.7 9.0THE OFFICIAL MAGAZINE OF THE MARYLAND MOTOR TRUCK ASSOCIATION
3.8 4.0 4.1
2021 2022INSIDE: One State’sUnderstanding Important Findings
Scheme Threatens & Controlling for Maryland
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|22 BEHIND THE WHEEL Q2 SPRING/SUMMER 201291 MDTMRMUCTAKNINEGT..COORMG
CONTENTS Q2 SPRING/SUMMER 2021
16 The First 100 Days
Biden Administration Pushes Expensive
BY JOHN D. SCHULZ
9 One State’s Scheme
Threatens Whole Industry
Threats of truck-only tolls in Rhode Island
impacts trucking everywhere
BY CHRIS SPEAR
11 Understanding & 11
Controlling Your Fuel Costs
BY MISTY SEXTON
21 Important Findings for
Maryland IRP CARRIERS
Your company may be owed a refund
if you were assessed a penalty for
BY BOB PITCHER
24 MMTA Legislative
BY LOUIS CAMPION
27 Maryland on
MMTA’s 2020 Driver of the Year
BY SELENA GRIFFIN
5 Chairman's Message
30 New MMTA Members
30 Advertiser Resource Index
BILL NEARHOOF PICTURED WITH HIS HOME AWAY FROM
HOME – HIS BIG RIG FROM PITT OHIO
PHOTOS COURTESY: FLICKR
MDTRUCKING.ORG |BEHIND THE WHEEL Q2 SPRING/SUMMER 2021 3
grat• i • tude
(noun: the state of being grateful: thankfulness.)
The United Oil Company would like to express our gratitude to the trucking industry, the Maryland Motor Truck
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The Official Magazine of the Maryland Motor Truck Association
Behind the Wheel is owned by the Maryland Motor Truck CHAIRMAN’S MESSAGE
Association and is published by Matthews Publishing Group.
To request additional copies, order reprints of individual articles
or to become a subscriber to Behind The Wheel, please contact
Selena Griffin at (410) 644-4600. To inquire about advertising,
please contact the publisher at (501) 690-9393.
Matthews Publishing Group
Graphic Designer MMTA’s Mission: To support and advocate for a safe, efficient, and profitable
Barbara Negron trucking industry across all sectors and industry types, regardless of size, domicile, or
type of operation.
David Sinclair As I write this in early April, we are hopefully entering the last round in the fight
against COVID-19. Governor Hogan recently announced an accelerated vaccine
Contributing Writers distribution schedule, with all Marylanders now becoming eligible for vaccinations. This
is in many ways thanks to the trucking industry and our drivers, who have played a vital
Steve Brawner David Monteith role in what is perhaps the largest peacetime logistics effort in the nation’s history.
Dan Calabrese Jennifer Barnett Reed
Andrew Dunn It is now time for us as business and association leaders to look at plans to
Eric J. Francis Jack Roberts move forward post-COVID. In my first Chairman’s Page last Fall, I noted one of my
John D. Schulz goals this year was to map out a multi-year strategic plan that looks to expand upon and
Kevin Jones Lacey C. Thacker enhance MMTA’s great foundation of supporting our vital industry. Our ultimate goals
Johnny Kampis are to drive member growth and participation by increasing the association’s value.
Renee Miller This effort will require a strategic assessment of our members. We want to know:
• Why are you a member of Maryland Motor Truck Association?
Maryland Motor Truck Association • What benefits are most important to you?
• What else could MMTA offer that would be of value to your company?
Louis Campion • How can we improve what we are currently doing?
President & CEO Our intention is to evaluate our advocacy efforts, communication tools, education
[email protected] and training classes, events, and money-saving programs to ensure the association is
continuing to fulfill its mission. We are currently receiving proposals from several outside
Armand Patella facilitators and hope to select one to begin this process by late April/early May.
Executive Vice President To maximize the value of this effort, we will need your input as a member! For some,
[email protected] that may mean a quantitative response (i.e., completion of a survey), while for others
they will be asked to provide a qualitative response (i.e., participation in a focus group or
Brenda Tharp interview). Either way, I want to personally invite and encourage you to participate. Your
Director of Safety feedback will help ensure MMTA continues to provide value as we look to set a path for
[email protected] the future.
Selena L. Griffin
Margie Anne Bonnett
Marketing & Communications Director
Maryland Motor Truck Association is an affiliate of the CONTINUED
American Trucking Associations. MMTA is a Maryland
corporation of trucking companies, private carrier fleets |BEHIND THE WHEEL Q2 SPRING/SUMMER 2021 5
and businesses which serve or supply the trucking industry.
MMTA 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, education services, operational services and serves
as a forum for industry meetings and membership relations.
For more information, contact MMTA at:
Maryland Motor Truck Association, Inc.
9256 Bendix Road, Suite 203 - Columbia, Md. 21045
Phone 410-644-4600 | Fax 410-644-2537
H APPY RETIREMENT
DOTTIE "Our intention is to evaluate our
DUVALL advocacy efforts, communication
tools, education and training
classes, events, and money-saving
programs to ensure the association is
continuing to fulfill its mission."
HAPPY RETIREMENT, DOTTIE! To assist MMTA President & CEO Louis Campion with implementation of the plan that
This April, after 18 years, Dottie will be developed, I am pleased to announce that the association hired Armand Patella as its
Executive Vice President in January. Armand joins the association after being a member for
Duvall retired from Maryland Motor several decades and previously serving in key volunteer leadership roles including Chairman
Truck Association. Many of you know of the Board and Intermodal Council Chairman. In his new position he will also take on a key
Dottie from working with her through role in business development.
our toll discount program or from the
many MMTA events she planned over While we are excited about the future and the chance to maximize the opportunities ahead,
the years. She has been an incredible I want to take a moment to recognize a major contributor to our past success. On April 2,
asset to our members and staff since 2021, MMTA Vice President Dottie Duvall retired after more than 18 years of service. During
joining us in 2003. her tenure, Dottie managed numerous MMTA events, and oversaw the association’s toll
discount program, which became the organization’s most substantial revenue stream. Many of
Dottie, thank you for 18 years our members interacted regularly with Dottie. She has been an incredible asset to our members
of hard work, diligence, patience, and our staff. I wish her all the best in her well-deserved retirement years!
thoughtfulness, and kindness. Thank you again for the opportunity to serve as your Chairman for 2020-2021.
We will miss you!
Jack Saum Jr.
and MMTA Chairman
|6 BEHIND THE WHEEL Q2 SPRING/SUMMER 2021 MDTRUCKING.ORG
MDTRUCKING.ORG |BEHIND THE WHEEL Q2 SPRING/SUMMER 2021 7
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One State’s Scheme
Threatens Whole Industry
Threats of truck-only tolls in Rhode Island
impacts trucking everywhere
BY CHRIS SPEAR
It is nearly 400 miles from state, and by forcing tractor-trailers alone trucks do most or all of the
Annapolis, Md. to Providence, to pay for bridge projects that all motorists damage to the roads — which
R.I. — roughly seven hours of benefit from. the National Academy of
driving to get from statehouse Sciences’ Transportation
to statehouse, but what is Trucks make conspicuous targets for Research Board has stated is
happening there could have a tolling schemes like this. ATA helped defeat a “prevalent misconception.”
profound effect on truckers in a proposal for truck-only vehicle miles TRB highlighted that roads will
Maryland and across the country. traveled taxes at the federal level, but other not be damaged by the traffic
states are watching what happens in Rhode they are designed to support
In 2016, leaders in Island to see if they can get away with this — if those roads are properly
Rhode Island came up with kind of discrimination. designed and cared for.
RhodeWorks, a financing
scheme to outsource funding Tolling boosters argue trucks don’t pay One of the reasons these
for their failing infrastructure their fair share, an absurd accusation when advocates turn to tolls, and to
by tolling only large trucks. And trucks pay roughly half of taxes that fund truck-only tolls, is that they
not all large trucks — but just the Highway Trust Fund. In addition, there can’t make the tough political
combination trucks mostly from exists a system — the International Fuel Tax choices to properly fund their
outside Rhode Island. Politicians in Rhode Agreement and International Registration infrastructure. But rather than make the
Island made it clear, the brunt of the tolls Plan — that ensures the fuel taxes and other tough choices, they shift the bill to drivers
was going to be borne not by citizens of fees trucks pay are fairly divided by the who can’t vote them out.
Rhode Island, or even businesses in Rhode states where they operate. States like Rhode The stakes could not be higher in ATA’s
Island, but by out-of-staters who need to Island and others are getting their fair share lawsuit against Rhode Island. If the state’s
travel to or through the state. from the trucking industry and then some. discriminatory tolls are allowed to stand,
other states will have a blue- print to pile
It was robbing Peter to pay for Paul’s Those same boosters will argue that tolls on our industry. We will soon be
roads — if Peter lived three states away and undertaking arguments in federal court.
was asked to deliver Paul’s groceries. While this battle has been going on for years,
it is far from over.
So, the American Trucking Associations This kind of litigation is important, and
did what we always do when our industry it requires significant resources. The ATA
is targeted — we fought back, by suing Litigation Center is aggressively raising
the state for attempting to impose these funds to take on and win this fight, and we
discriminatory, unconstitutional tolls. need your support. With your help, we will
be able to ensure states do not target our
The state of Rhode Island argued this industry as a piggy bank now or in
suit should be handled in their courts — an the future.
argument that was rejected, so soon we Chris Spear is the president and CEO of
will make our case in the federal court that the American Trucking Associations.
Rhode Island is violating the Commerce
Clause of the Constitution by favoring
in-state businesses over ones from out of
MDTRUCKING.ORG |BEHIND THE WHEEL Q2 SPRING/SUMMER 2021 9
Controlling Your Fuel Costs
BY MISTY SEXTON
For trucking causing oversupply and in response prices gasoline and diesel tax
companies, fuel is crashed. Crude oil traded at a negative rates, currently at 18.4
consistently at the top value for the first time in history. Some and 24.4 cents per
of the list of concerns. areas saw diesel prices barely over $1.00 gallon, but it has failed
Price volatility, supply, per gallon and gasoline even lower. But to gain traction. In
and quality issues it didn’t last. When prices are that low, it March, Transportation
may shift position in becomes economically unfeasible to drill Secretary Pete
your priorities but are for oil, so the rigs close down, the supply Buttigieg hinted that
likely never out of the shrinks and the price quickly begins to rise an increase to these
top five. Petroleum again. The companies and countries that rates was definitely on
is a globally traded rely on petroleum to generate revenue will the table as an option
commodity responsible make adjustments when the market turns to fund President
for everything from against them that will right the ship. Biden’s $2 trillion-
your diesel fuel to dollar infrastructure
the plastics in your FUEL TAX COULD RISE plan and keep the
bumper and the Funding for highways and other highway trust fund
lubricants in your in the black. The
equipment. Pricing transportation modes, both at the state and Highway Trust
has historically federal levels, is fed largely by fuel taxes. Fund was showing
been very volatile; a trend that shows While individual states regularly raise their warning signs of running low prior to
no signs of abatement. Since becoming a tax rates, the Federal fuel tax rates have the pandemic’s slashing of its feed stock
“net exporter” a few years ago, supply remained the same since 1993. Several due to increased vehicle efficiency and the
in the United States has been ample and times in recent years an elected official growth of electric vehicle sales – which
consistent, yet can easily be disrupted by has floated the idea of raising the federal use the roadways but are not paying
hurricanes, blizzards and pipeline issues. into the fund. Although ultimately
Many remember when diesel sold for not included in the President’s initial
$5.00 per gallon. And then promptly infrastructure plan rollout, legislative
tumbled to $1.50 a gallon only a few interest in an increase in the tax seems to
months later. The current political trends be gaining some momentum.
for reducing greenhouse gas emissions
involves pushing biofuels and electric DIESEL DEMAND IS GROWING (OR AT
trucks. When your business relies so LEAST STEADY)
heavily on something so volatile and
subject to economic and political whims, The International Maritime
you need to employ knowledge to control Organization (IMO) adopted a low-sulfur
your costs. fuel standard in 2020 which means the
large ocean vessels that once operated on
CHEAP GAS IS A THING OF THE PAST high-sulfur bunker fuels are now using the
The global lockdown response to the same ultra-low sulfur diesel that is used
for trucks, equipment and heating oil. This
pandemic in 2020 saw refined fuel demand was a long-range project for which refiners
down over 40 percent in the United States,
MDTRUCKING.ORG |BEHIND THE WHEEL Q2 SPRING/SUMMER 2021 11
CONTINUED FROM P11
had plenty of time to prepare, effectively
avoiding any negative effects on the
highway diesel supply.
The negative impacts of COVID-19 are
too numerous to itemize, but there have
been some bright spots. For the trucking
industry, the shift to e-commerce pushed
diesel demand up 2 percent last year. The
return of the global economy to a position
of “normal” coupled with the IMO
regulations will ensure continued demand
for diesel and an abundance of producers
BIOFUELS ARE NOT THERE…YET formulary. Algae and microbes multiply biodiesel. Up to 5 percent biodiesel can
Although widely available and much more quickly in this low-sulfur be added to petroleum diesel without
diesel, and faster still when given biological unique labeling. It is thought this occurs at
considered more environmentally friendly content on which to feed. The formulations several levels throughout the production
than petroleum-based diesel, biodiesel still have since been adjusted and the problems and shipping process, with the final
suffers from quality issues. The reduction have been greatly reduced. Then, came product delivered to the end-user possibly
of sulfur in highway diesel to 15 parts
per million back in 2006 showed us that
sulfur wasn’t just a pollutant, but it was a
lubricant and an antimicrobial part of the
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containing up to 20 percent biodiesel. The Highway Trust Fund was showing warning signs of
This will reduce the fuel’s cold weather running low prior to the pandemic’s slashing of its feed stock
performance, increase likelihood and due to increased vehicle efficiency and the growth of electric
speed of fuel tank corrosion, and possibly vehicle sales – which use the roadways but are not paying
increase filter waxing and clogging. There into the fund.
is also a known reduction in efficiency
(miles per gallon) with biofuels (both understand your fuel pricing. Pricing This has cost tens of thousands of dollars
biodiesel and ethanol). That being said, for fuel delivered to a facility has three for many large trucking companies and
the incentives to use biodiesel are high primary components: product, freight, unfortunately, is a common occurrence.
and often the price per gallon for diesel and tax. Your quotes from each supplier
blended with 20 percent biodiesel may should be in the same format. What DIVERSIFY YOUR SUPPLIER BASE (BUT
compensate for the efficiency reduction looks like a low price is often not. DON’T OVERDO IT)
and equalize the costs. To improve stability
and performance, various additives are QUOTES AND INVOICES MUST MATCH If you are purchasing fuel in transport
available and regular tank cleanings If you made a purchase based on a loads (tractor-trailers delivering 7500
are helpful. gallons at a time) you should have a good
quote, then you should only pay an invoice working relationship with at least two
UNDERSTAND AND VERIFY that directly matches that quote. All too primary suppliers. Your trucks are not
YOUR PRICES often the fleet manager gets the quotes and going anywhere without fuel, so consider
makes the purchases but never looks at the it an insurance policy to keep two active
Whether you are purchasing transport invoices. Accounts payable gets an invoice accounts working for you. Anything can
loads of fuel delivered to your terminal, with a purchase order number and cuts a
filling a small tank at your facility, or check, with no way to verify the pricing. CONTINUED
issuing fuel cards to drivers, you should
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MDTRUCKING.ORG |BEHIND THE WHEEL Q2 SPRING/SUMMER 2021 13
Must Come Together
for a Mission
Since 1954, the American Transportation Research Institute and its
predecessor have been the trucking industry’s source for scientiﬁc data and
analysis on the many high priority issues facing freight transportation today.
The people and companies listed here are our core contributors, annual
donors who have come together in this mission to help the industry as a
whole. If you or your company has not contributed in the past, now is the
time to step up and do your part.
Step up and leave your footprint for the good of the industry.
Visit www.atri-online.org to explore your giving opportunities.
|14 BEHIND THE WHEEL Q2 SPRING/SUMMER 2021 MDTRUCKING.ORG
CONTINUED FROM P14 from them when their price is cheapest.
When there is a supply or demand crunch,
fuel sellers will provide for contracted
customers first, regular, loyal customers
second and if they have the time or the
price is high enough, “cherry pickers”
will come last. Someone will almost
always bring you fuel, but it could be very,
happen – companies get bought and sold, On the other side of the coin, if you have Misty Sexton is president of Standard
fold and go under. It is always wise to a dozen suppliers for a site, you cannot Petroleum Logistics and a long-term
have multiple options, even if you heavily develop loyalty or consistent service. member of MMTA.
favor one. Establishing a new account Should you happen to misread a tank level
for petroleum takes time; it’s best to have and suddenly need fuel, companies are less
more than one active account at all times. likely bail you out of a jam if you only buy
SALES • PARTS
MDTRUCKING.ORG |BEHIND THE WHEEL Q2 SPRING/SUMMER 2021 15
The First 100 Days
Biden Administration Pushes Expensive
BY JOHN D. SCHULZ
It’s been a Associations (ATA) offered heartfelt As if to
whirlwind first 100 congratulations to the Biden-Harris team. underscore trucking’s
days for President Joe importance
Biden and his team. “We congratulate President-elect Biden to the nation,
and Vice President-elect Harris on their Transportation
First, there hard-earned victory, and we look forward Secretary Pete
was the continued to working with their administration to Buttigieg recently
effort to tackle the strengthen the economy and rebuild our toured a UPS
coronavirus and its national infrastructure,” ATA President and facility in Landover,
impact on the health CEO Chris Spears said in a statement. Maryland that is
and wealth of the delivering vaccines
nation, including “Trucking’s story speaks to all of to the District of
distribution of a America, not one specific political party,” Columbia and
vaccine where as Spear continued. “As witnessed during the Maryland. On
many as 2 million pandemic, the resilience of the American the tour, Secretary
shots a day are trucker is one of this country’s greatest assets. Buttigieg, Sen. Ben
being administered. Driven by core values of hard work, service Cardin, Sen. Chris
and sacrifice, our industry sets out every day Van Hollen and
Then came to deliver for the good of our nation and its Rep. Anthony Brown met
passage of the $1.9 people—in good times and bad.” with UPS drivers who are
trillion American delivering vaccines and saw demonstrations
Rescue Plan Act, with of how the vaccine is packaged and delivered
those $1,400 checks going to most Americans. across the area.
And now comes a long-promised WHAT DOES IT MEAN FOR TRUCKING?
infrastructure package which is part of But what, exactly, will a Biden
Biden’s $2.25 trillion, eight-year plan to
boost the economy, reduce emissions and Administration mean for trucking specifically?
increase economic fairness. In a politically Well, on the positive side for the industry,
divided country, the trucking industry
is hoping the incoming Biden-Harris there is renewed hope for a major push for
administration can, as their campaign slogan new infrastructure spending.
phrased it, “Build back better.”
Biden’s point man for this generational
But can the new administration pull off transportation endeavor was one of his main
this expensive investment in an era of divisive rivals for the Democratic nomination, former
politics in Washington? South Bend Mayor Buttigieg, who calls this a
“generational investment” in infrastructure.
Following his nail-biting victory, Biden
started receiving congratulatory messages Besides the $621 billion of roads, bridges
from across the political spectrum. Among and transit, Biden is urging “infrastructure both
the first to offer public congratulations to the physical and technological” that could boost
46th president, the American Trucking
|16 BEHIND THE WHEEL Q2 SPRING/SUMMER 2021 MDTRUCKING.ORG
the total price tag to more than $2.25 trillion. Past Democratic administrations have tended to be more
“Future generations are counting on us to regulations-focused than laissez-faire Republicans. But
with the nation reeling economically from the COVID-19
deliver on our climate goals this decade, and pandemic, most economists say now would not be the right
infrastructure will play a key role in making time to burden industries with heavy regulations.
that possible,” the DOT secretary said
recently on Twitter. “It’s time to go big!” There’s obvious Republican pushback as Republican. Senate Minority Leader Mitch
well. The new transportation bill “needs to McConnell, R-Ky., said recently there was
President Biden, unveiling details of the be a transportation bill, not a Green New no chance Republicans would back any tax
package in Pittsburgh, said, “It’s big, yes; it’s Deal,” said Rep. Sam Graves, R-Mo., top increases to pay for infrastructure. That leaves
bold, yes; and we can get it done.” Republican on the House Transportation Democrats to try to force through a package
and Infrastructure Committee. “The on their own, which could be problematic.
Details of the new infrastructure more massive any bill becomes, the more
proposal include: bipartisanship suffers.” “I don’t think there’s going to be any
• $621 billion into transportation enthusiasm on our side for a tax increase,”
In short, Republicans are saying Biden’s the Kentucky Republican said recently.
infrastructure such as bridges, roads, public infrastructure bill should focus on roads,
transit, ports, airports and electric vehicles. rail, ports -- not climate or social issues. Still, Democrats view this as a great
• $300 billion into improving drinking-water The plan will likely have to be moved under opportunity. Buttigieg says the U.S. has a
infrastructure, upgrading electric grids “reconciliation procedures” – meaning a “once in a century opportunity” to push
and delivering universal broadband for simple majority – to pass a reluctant Senate. forward infrastructure reforms. Instead of
Americans who currently lack access. “infrastructure week,” as was promised
• $300 billion into building and Past Democratic administrations have by the preceding administration, Buttigieg
retrofitting affordable housing, along tended to be more regulations-focused than says the country is close to “infrastructure
with upgrading schools. laissez-faire Republicans. But with the nation season” that could potentially turn into an
• $580 billion in American manufacturing, reeling economically from the COVID-19 “infrastructure decade.”
research and development and job training pandemic, most economists say now would
efforts, including $50 billion for domestic not be the right time to burden industries with HOW HIGH WILL TAXES GO?
semiconductor manufacturing. heavy regulations. But infrastructure legislation will come
Of the $621 million for transport, Biden Democrats passed the $1.9 trillion with heavy strings to some — very high new
would spend $115 billion to modernize American Rescue Plan Act without a single taxes, especially on corporate interests.
20,000 miles of highways, roads and
main streets, and $20 billion to improve The White House
road safety for all users. It would fix the is proposing as much
“most economically as $1 trillion worth
significant large of new taxes. Among
bridges” and repair the sources of new
the worst 10,000 revenue would be a
smaller bridges. rise in the corporate
tax rate to 28% from
The idea is to 21%, establishing a
revitalize not just minimum tax and a
America’s decaying nearly doubling of
infrastructure – the capital-gains
which recently tax rate.
“C-minus” grade But really,
from the American anything could
Society of Civil happen as long as it
Engineers (ASCE) results in revenue –
— but our national lots of it.
imagination as well
by putting millions CONTINUED
of Americans to
MDTRUCKING.ORG |BEHIND THE WHEEL Q2 SPRING/SUMMER 2021 17
In a speech before top officials of the Buttigieg’s overriding sentiment was everything is on the
American Association of State Highway table. “What I’m saying is we’re very open-minded. But it has
Officials (AASHTO), the Transportation to be sustainable, predictable and affordable so it doesn’t place
Secretary said all aspects of funding a burden on poor people.”
are on the table to help pay for the
highway reauthorization. to make raising the fuel tax a long shot. remain solvent since 2008. Recognizing the
“I don’t think fuel tax is where the energy political landscape, Buttigieg said the need
But Buttigieg appeared cool to raising the is glaring.
fuel tax to keep pace with inflation, which is going to be,” the Transportation Secretary
would be the simplest way to pay for new told the AASHTO virtual gathering on Feb. “We have to come up with revenue,”
infrastructure. That idea had the support of 25. One reason is the rise in electric vehicles, he said.
major Washington trade groups such as the which obviously run without paying a
Chamber of Commerce, Owner-Operator fuel tax. Buttigieg’s overriding sentiment was
Independent Drivers Association (OOIDA) everything is on the table. “What I’m saying
and American Trucking Associations, That comment came despite two-thirds is we’re very open-minded. But it has to be
among others. of states raising state fuel tax levies over the sustainable, predictable and affordable so it
past decade. Even Buttigieg noted, “A lot of doesn’t place a burden on poor people.”
ATA estimates that if the fuel tax were states have stepped out and raised revenue,
gradually increased by 5 cents a year over including very conservative places like But he warned, “The future on the
four years that could raise $340 billion over Indiana,” the former mayor of South revenue side is not going to look like
the next decade. Bend noted. the past.”
“That’s plenty of money to fund roads But the Highway Trust Fund remains The ATA does not believe the
and bridges for the next 10 years,” a different animal. It has needed infusion administration’s funding proposal is
Spear said. of $154 billion in general fund transfers to politically tenable nor a reliable long-
term solution to the shortfall facing the
But recent comments by Buttigieg appear
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Highway Trust Fund. industry soon could see changes in the administration so new
ATA also disagree regulatory landscape. agency staff have some
time to review current
with certain provisions It is standard practice to have a issues. This can pause the
– especially those related regulatory freeze in place early in an regulatory process for
to labor – that are a spell.
economic growth and Truck driver hours-
will only serve as political of-service, which became
poison pills. effective last September
after a long, data-driven
But ATA called process, is one of those
Biden’s broader plan an rules that could be
“important marker” as tweaked, insiders say.
Congress begins work on As with most regulatory
a surface transportation issues, the devil is in
reauthorization bill. the details.
“ATA recognizes this The Biden
is the beginning of the administration recently
legislative process, not reviewed several
the end,” Spear said. trucking-related laws,
but has not announced if it is modifying any.
THE REGULATORY PICTURE
With a Democratic administration now CONTINUED
occupying the White House, the trucking
We were great before - look at us now!
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They include: • Status of broker pricing documents in between the Trump and
• A pilot project today’s market. Biden administrations
that are already
to collect data to • Hair follicle drug testing rules. beginning to point to
determine if a 6/4 Clearly, there are sharp policy differences possible changes.
and 5/5 sleeper berth
split would be safe “The (Trump)
and effective. administration was one
• Tweaks to the hours- that listened and talked to
of-service regulations stakeholders,” said Derek
which have been in Leathers, vice chairman,
effect for two years. president and CEO at
• A Department of Werner Enterprises, the
Labor ruling to nation’s sixth-largest
better clarify how truckload carrier.“They
motor carriers decide wanted input. You could
if independent get people on the line.
contractors should be They made decisions on
reclassified moving the economy
as employees. forward but not at
• An Environmental expense of safety.”
Protection Agency proposal to fashion a President Biden’s administration is clearly
new nitrous oxide (NOx) rule for heavy- different from its predecessor. How different
truck emissions. for trucking remains to be seen.
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PARTS: Qualiﬁed parts sales personnel • Large parts stock inventory available
• Dependable delivery service • Towing parts and accessories
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|20 BEHIND THE WHEEL Q2 SPRING/SUMMER 2021 MDTRUCKING.ORG
Important Findings for
Maryland IRP Carriers
Your company may be owed a refund
if you were assessed a penalty
for “Inadequate Records.”
BY BOB PITCHER
Last year, the International Registration operating records for IRP to be But GPS data can present problems
Plan (IRP) addressed two important problematic. The Plan requires trip for auditors. Auditors want to examine
issues involving the Maryland Motor reporting more detailed than a carrier original documents, but original GPS
Vehicle Administration (MVA). The may otherwise capture in the course of data is just a long series of latitude
issues arose during a Maryland audit business and requires those records to be and longitude readings of locations –
of an MMTA member and reflect the kept four to six years. Traditionally, IRP bewildering for someone unfamiliar with
changing regulatory environment in records were kept on paper, although more how GPS works. To be usable, GPS data
which motor carriers operate. Both issues recently records could be scanned and must be converted, through a software
could potentially be expensive for other preserved electronically. mileage program, into vehicle trips with
Maryland carriers. One involved the use routes, times, and mileages. This process
of Global Positioning System (GPS) data As GPS tracking has grown, some requires familiarity with conversion
for reporting operations under IRP, and carriers started using GPS data for their software and computer processing
the other concerned how complete a motor IRP applications. Many more are now generally. The use of GPS records for IRP
carrier’s records must be before the state using data from electronic logging devices solves many problems for carriers and
can audit them at all, with the alternative for IRP purposes. IRP allows this; in fact auditors, but its successful application
being a stiff penalty for the carrier. the Plan does not require records to be requires training.
produced in any particular manner or
THE GPS ISSUE maintained in any particular format, as Most of Maryland’s IRP audits are
Motor carriers often find maintaining long as they accurately reflect actual travel
and are accessible by the state on audit. CONTINUED
|BEHIND THE WHEEL Q2 SPRING/SUMMER 2021 21
* * * sPEcial Edition on Elds * * *farmed out by the MVA to an accounting The DRC is composed of state officials and industry
firm. There are several MVA staff who also representatives empowered by the Plan to hear issues
perform IRP audits. arising under IRP, with full authority to resolve such
issues. The DRC heard the case in May and again in
The audit in question here began in September last year. The DRC ordered the state to refund
April 2018. Although the audit’s initial the carrier's $12,000.
stages uncovered few problems, there was
a delay when the carrier’s original GPS
data had to be retrieved from a third party.
Toward the end of 2018 the carrier asked penalty of 20 percent of its IRP fees the audit. The MVA did so, and an issue
for an extension of time to produce this because of inadequate records. arose. MVA’s auditors asked the carrier
data, but the auditor denied the request Once the carrier had the GPS data for summaries of the GPS data, in effect
and closed the audit, assessing the carrier a in hand, it asked the MVA to reopen requesting the carrier to run the data through
the carrier’s own conversion software. The
carrier declined to do this, pointing out that
it was the auditors’ job to verify the IRP
application through examining original
data, which the carrier had now supplied.
The carrier asserted it had supplied all that
IRP required, and the state claimed it hadn’t.
After some months of back and forth, the
state closed the audit again, and charged the
carrier the 20 percent penalty for inadequate
records, some $12,000. The carrier took the
issue to the Dispute Resolution Committee
(DRC) of IRP.
The DRC is composed of state officials
and industry representatives empowered by
the Plan to hear issues arising under IRP,
with full authority to resolve such issues.
The DRC heard the case in May and again
in September last year.
Based on the two hearings, it became
clear that the auditors were uncertain what
to do with the raw GPS data, and had
avoided this issue in the past by simply
requiring a carrier to convert the data
itself and provide the state with the results.
The DRC members were surprised by this
testimony, as it is an auditor’s job to verify
original data, not to accept an audited
party’s processing of it without question.
The DRC ordered the state to refund the
carrier’s $12,000 and recommended that the
MVA staff undergo training with the IRP
Audit Committee. The money was refunded,
and the training is well underway.
|22 BEHIND THE WHEEL Q2 SPRING/SUMMER 2021 THE ADEQUACY ISSUE
This second issue did not get as much
attention during the DRC’s proceedings.
the beta group can even be brought into If you are an MMTA member that has SINCBEob1P9i5tc6hRerIiCs aEcTonIsRuEltaHntAtoSthe
tIhRePprroeqceusirse. s that if a carrier’s IRP RICE TIREhad an audit conducted and were assessedBEEinNduDstEryD. InIChiAsTmEanDy TyeOarsFwLitEhEthTe
reFcoinrdalslya,ryeosuowpiolol nr ethedattothaedydcraensns otht ebe“big
baruodthiteerd” –fetahras.t Oisn, ienoIfRtPh’es etearsmiess,ttwheayysatroe additiEoXnPEaRlTfSeIeNsTIfRoErSiOnLaUTdIOeNqSuate records, MAANmAerGicEanMTEruNckTingSOAsLsoUciTatIioOnsN, S
d“ointhadiseqisutaotee”xp–ltahine atoudthiteordrisivneorttthoe waste 60please cCoEnLtaEcBt RthAeTAIsNsoGciation’s president, INBMobAPRitYchLeAr NwaDs t&he VprIiRmGaryINinIdAus.try
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oaieonba3xrnvrgee0celeye)roa,pEssucrhaesoxecdonirpupvcpuideetoreorerrnrpsidoiedtt)eonrs,nl–ooliucyocnrfetnenghmspIdsRee“oasayearuPfrixfeuncaofcCdhtarsreaeAiilmptatlio“inuRtsnairieaovRnngsdtniaciIboootEedsluehn.aeR”iltassiqtsEeStisui(ov’uxdthanehrceetaeesestertcphy.(d(h”oteagceri.boItoagdRrian.nsnaPbnsgkoo-ut t - A/C lines made and repaired
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locoknisnidgeorevderinthadeierqsuhaotue,ldoerrj.uHstowoveevrer3,8if a (410) 675-9555 401 S Central Ave, Baltimore, MD 21202
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syoemaresonwehweriellMbeacroylnatnadctwinagsh8i0mpoerrcheenrt, jourst Virginia Locations: Manassas, Brandy Station, Harrisonburg, Winchester
lihkieghiserd.oInne2c0u1r9retnhtelys.tate collected over
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ifmirmpluenmdeer ncotnetrlaDctswith the MVA, not Trailer Service, Inc.
dhriboaneyv Faayestdiorhoedusenqtr bsuiMoveawfelVtfireh,esA-yyvrooeeiMp utctseoheanrrliraedfsy.te?liTad anIushngt doediptir’t aseatssshpakitasrrottyesh opoyveuooalrurharsti orioekgoulunefnrs:,osoWbw-ofu hfyt-oyu • Since 1983 •
stehrevriec’es lciemrtitasin tloy gneonereraatseo nexttorab ereliveevneuteh?a t
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ofTihtseaturduitthpirsotghraatmifbyyouIRhPa.vTehderDivRerCs that • Maxon Liftgate Distributor
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MMTA Legislative Wrap-Up
MMTA’s report of the
2021 Maryland General Assembly
BY LOUIS CAMPION
In one of the strangest legislative surrounded by plexiglass, while members representing the trucking industry. Here’s
sessions in its history, Maryland’s 442nd of the House of Delegates were split into a summary of the key issues that impact
General Assembly ended on April 12. It two separate chambers to maintain social our members.
was a session marked by its isolation – no distancing guidelines.
members of the public allowed, no lobbyists BILLS THAT PASSED
strolling the halls, and no impromptu Much of the session was dominated Preventive Maintenance Inspections
meetings where key provisions of proposed by police reform (where Maryland became
laws are frequently hammered out. the first state to eliminate its police officer for Trucks: MMTA’s top priority was
bill of rights) and bills introduced in changing the frequency between Maryland
The session was primarily an response to the COVID-19 pandemic. The Preventive Maintenance (PM) inspections.
online affair, with the entire process virtual session rewarded those that did Current law requires a PM annually or
streamed over the internet. Floor sessions, their homework last year in preparation every 25,000 miles, whichever comes
committee hearings, and voting sessions for the changes, including MMTA, first. Starting October 1, 2021, the new
were all done virtually. Senate desks were who had one of its strongest sessions requirements will be:
|24 BEHIND THE WHEEL Q2 SPRING/SUMMER 2021 MDTRUCKING.ORG
• Annually or every 35,000 miles trucking industry and opens the door to the home in the previous 14 days. Most
(whichever comes first) for Class F tractors testing this technology in Maryland. of the bills only applied to workers in
if they are no more than 5 years old; and medical, public safety, and first responders;
• Annually or every 50,000 miles Protections for Essential Employees however, one bill applied the standard to
(whichever comes first) for Class E straight in a Pandemic: Legislation passed all essential workers. MMTA opposed the
trucks if they are no more than 5 years old that initially would have required pay legislation and it died in committee.
and are powered by a zero-emission fuel increases by all essential businesses during
source (e.g., electric, hydrogen, etc.). Note: a state of emergency, as well as add extra Red-Light Camera Citations for
This mileage increase does not apply to tow paid leave and impose numerous other Rental Vehicles. Current law prevents
trucks or farm trucks. mandates. However, the final law was issuing a red-light camera ticket to rental
amended considerably. It only applies in a vehicle companies. MMTA supported the
Mandatory Information Sharing catastrophic health emergency; there is no Truck Renting & Leasing Association’s
with Prospective Drivers: Beginning requirement to increase pay, and it only opposition to a bill that would have
October 1, 2021, any FMCSA regulated impacts those employees who cannot work allowed camera tickets to be sent to rental
employer with more than one driver and a remotely that an essential employer also companies. The bill was voted down.
place of business in the state must provide deems vital. The bill mandates employers
a driver with its U.S. DOT number and provide safety equipment to those workers, Rental Vehicle Spare Tires: A bill was
the website address for FMCSA’s Safety pay for testing of a disease if not covered introduced to require all rental vehicles
and Fitness Records (SAFER) system when by health insurance, and provides essential be equipped with spare tires. MMTA
it makes an offer of employment. The workers with additional public health explained the many differences (size,
legislation was introduced in response to a emergency leave (up to 112 hours), but weight, type, etc.) between car and truck
tragic fatal crash involving a company that only if the federal or state government tires, demonstrating this was impossible
has since had its operating authority revoked provides funding to pay for the leave. for rental trucks. The sponsor amended
by FMCSA. MMTA supported this effort her bill to remove commercial motor
because it will help drivers identify and avoid BILLS THAT FAILED vehicles from the mandate; however, it still
working for those companies that have Excise Tax on Rental Trucks: The ultimately failed.
subpar safety records, thereby benefitting the
many safe trucking companies in the state. trucking industry was caught up in a battle Lawsuits in Oil and Hazardous
between the traditional rental car industry Substance Pollution Cases: The Attorney
Camera Enforcement of Truck and vehicles used by peer-to-peer car rental General requested legislation to change
Routes in Prince George’s County: platforms. Legislation to harmonize the how liabilities are assigned in lawsuits
Prince George’s County successfully sales tax rate on these rental cars would involving oil and hazardous substance
became the third jurisdiction (after have subjected short-term rental trucks to pollution cases. MMTA was concerned
Baltimore City and Baltimore County) to the motor vehicle excise tax (from which that passage could have unintended effects
get the authority to use cameras to enforce they are currently exempt). The rental car on Maryland’s trucking companies who
its truck route restrictions. Initially MMTA tax issue was ultimately resolved without own underground fuel tanks or deliver
opposed the bill, but then worked with key adding an excise tax on rental trucks. fuel products. We joined the Mid-Atlantic
legislators in the County on amendments Petroleum Distributors Association in
to address the industry’s concerns. Those Carbon Taxes: Legislation that would opposition and the bill died in committee.
amendments will require a mandatory have created new carbon taxes on natural
industry workgroup and other protections gas, petroleum, coal, and other fossil fuels Injury and Illness Prevention
that have been similarly established in to encourage a reduction in greenhouse gas Programs: MMTA opposed legislation to
Baltimore City and Baltimore County. emissions failed. require that employers establish workplace
injury/illness prevention programs, set
Truck Platooning – Following COVID Civil Liability Protection: up health and safety committees, provide
Too Closely: At the request of the Legislation to provide limited immunity mandatory employee training, and more.
Motor Vehicle Administration, MMTA for businesses from civil liability claims in The bill ignored many federal mandates
successfully worked with the agency on frivolous lawsuits related to COVID-19 already in place, added new recordkeeping
the passage of legislation that eliminates died in committee without a vote. requirements, and would have given
following too closely laws for trucks members of the public access to a company’s
that are virtually connected together in a Workers Compensation for COVID: records, but it died without a vote.
convoy (platooning). This has potential to Numerous bills were introduced to create
improve safety and fuel economy in the a presumption that workers who test For questions, please contact Louis
positive for COVID-19 contracted the virus Campion at MMTA, 410-644-4600,
at work if the employee worked outside [email protected]
MDTRUCKING.ORG |BEHIND THE WHEEL Q2 SPRING/SUMMER 2021 25
Q2 SPRING/SUMMER 2020
THE OFFICIAL MAGAZINE OF THE MARYLAND MOTOR TRUCK ASSOCIATION
DISCOUNT TIRE PROGRAM
NOW INCLUDES BFGOODRICH
INSIDE: 2020 MMTA Highway Maryland's Driver
Legislative Legend Myth of the Year is
Update John Nash
8/6/2019 Behind the Wheel Q3 Fall 2018
Q2 SPRING/SUMMER 2019
THE OFFICIAL MAGAZINE OF THE MARYLAND MOTOR TRUCK ASSOCIATION
INSIDE: Big Data/Telematics MMTA Driver Spotlight
in Trucking of the Year on KELLY
Each edition of MMTA’s Behind the Wheel and MMTA’s annual Membership
Directory & Buyers’ Guide reaches more than 8,000 leaders in transportation
throughout Maryland and beyond.That makes advertising in Behind the Wheel an
excellent business decision.
If you want to reach this highly targeted and influential group of industry decision-
makers and ask them to consider purchasing your products or services, then
you’ll want to place an ad in every edition of Behind the Wheel.
Please contact our publisher, Jennifer Matthews, at [email protected]
or call (501) 690-9393 — if she doesn’t call you first!
Driver of the Year
BY SELENA GRIFFIN
On February 8, 2021 Willard
“Bill” Nearhoof III of Pitt Ohio
was selected as Maryland’s 2020
Truck Driver of the Year. Bill is
the longest serving employee in
the history of Pitt Ohio, having
started with the company when
it was formed in 1979.
WILLARD “BILL” NEARHOOF III OF PITT OHIO
Nearhoof was chosen as the Driver of the • Serving in the U.S. Navy Seabees from 1973 celebratory banquet; however, each Driver
Year by the Maryland State Police based on to 1979. of the Month will receive a plaque and
his extraordinary record, which includes: a jacket for his/her achievement. Mr.
• 44 years of safe driving, traveling 3.7 • Previously winning MMTA’s Driver of the Nearhoof also received a crystal truck
Month award twice, in 2008 and 2016. from Maryland Motor Truck Association
million miles. Mr. Nearhoof was selected from as well as several citations from
• Training more than 100 other Pitt Ohio organizations such as the Maryland State
among 12 drivers who are being honored Police, Maryland Transportation Authority
employees in the Smith System driver as the 2020 Drivers of the Month. The Police and Federal Motor Carrier
safety program. records of the 12 Drivers of the Month Safety Administration.
• Actively contributing to charities such as the are extraordinary, with almost 18 million
Maryland Food Bank, Colonial miles of safe driving. Due to COVID CONTINUED
Williamsburg Foundation, and VFW restrictions, Maryland Motor Truck
Post 6321. Association was unable to hold its normal
MDTRUCKING.ORG |BEHIND THE WHEEL Q2 SPRING/SUMMER 2021 27
BILL HAS FULL SUPPORT FROM HIS BALTIMORE TEAM (L TO R): CHRIS GLORIOSO; JON GUIDRY; BRAD CAVEN; BILL NEARHOOF; DEAN
YOCKEY AND JEFF MERCANDANTE
• Skin Cancer Screening
• Skin Cancer and Mole Removal
• Light and Laser Treatments
• Hair Loss
• Dry Skin and Psoriasis
Comprehensive, compassionate skin care for Medical,
Surgical, Cosmetic, and Pediatric Dermatology Concerns
9256 Bendix Road, Suite 200A • Columbia, MD 21045 • 443-542-0505
|28 BEHIND THE WHEEL Q2 SPRING/SUMMER 2021 MDTRUCKING.ORG
SHIPLEY TRANSPORT: RAY SHIPLEY (L) AND AUGUST COWAN SYSTEMS: (L TO R) ZACH CHELL, DRIVER CHRIS MCCANTS, NICK JENSEN AND RYAN
2020 DRIVER OF THE MONTH RICH GARLAND ALFORD. DECEMBER 2020 DRIVER OF THE MONTH
Drivers of the Month
January 2020 July 2020 TRI-GAS & OIL: KEITH BAKER WITH JEFF DEAN,
Keith Baker Juan Reyes-Marquez JANUARY 2020 DRIVER OF THE MONTH
Tri Gas & Oil Co., Inc Town and Country Movers, Inc
February 2020 August 2020
Frank Wilhelm Richard Garland
Giant Food of MD Herbert R Shipley, Inc
March 2020 September 2020
Willard Nearhoof III Shawn O’Neill
Pitt Ohio Lee Transport Systems, LLC
April 2020 October 2020
Walter Jenkins Ricky Lang
Terminal Transportation D M Bowman, Inc
May 2020 November 2020
Richard Klass Michael Sweeney
Digging & Rigging, Inc D M Bowman, Inc
June 2020 December 2020
Russell G Walton Chris McCants
Chaney Enterprises Cowan Systems, LLC
Driver of the Year CHANEY ENTERPRISES: RUSSELL WALTON,
JUNE 2020 DRIVER OF THE MONTH
Willard Nearhoof III
|BEHIND THE WHEEL Q2 SPRING/SUMMER 2021
MMTA NEW MEMBERS ADVERTISER
A Team Movers Occupational Medical
Allan Myers – Virginia Services – Arbutus ABC Radiator............................................. 23
Belfast Valley Contractors, Inc. Orange Cans Inc.
C F Kerns Trucking, LLC Pamela Miller American Transportation Research
Evermile Express LLC Peoples United Institute (ATRI).......................................... 14
Golden Rule Moving, LLC Equipment Finance
Baltimore Freightliner.............................. 15
Heil Plumbing Riderwood Village, Inc.
Interstate Relocation Inc. DBA S & H Enterprizes, Inc. Baltimore Potomac Truck Centers............. 12
Satterfield Enterprises, LLC
Helix Transfer & Storage Stanley Concrete LLC Behind the Wheel............................... 22, 26
ISE Logistics Ventures, LLC
Tanks Trucking BFGoodrich Truck Tires
KDK Trucking, Inc. Titan Crane, Inc. .......................................... Inside back cover
L. E. Tunes Transport, LLC Tri Gas Roll Off Services, LLC
Tri Trucking LLC Brad’s Fuel Filtering.................................... 7
Maria’s Tag & Title Triple DAT Logistics
Metro Bobcat, Inc. Western Express Forwarding Duralene Heavy Duty Lubricants/The United
Moo Moo Movers Oil Company............................................... 4
|30 BEHIND THE WHEEL Q2 SPRING/SUMMER 2021 Drydene/PPC Lubricants............................. 8
Great West Casualty Company......Back cover
Griffith Energy Services
..........................................Inside front cover
Maryland Mobile Trailer Service............... 23
Maryland Pump & Tank............................ 10
Medical & Aesthetic Dermatology............ 28
Rice Tire.................................................... 13
Scott B. Taylor............................................ 30
Truck Enterprises Hagerstown.................. 19
Truckers Against Trafficking....................... 24
West End Service, Inc................................ 20
This publication was made possible
with the support of these corporate
advertisers. They support the trucking
industry by enabling MMTA to provide
this publication to its members,
prospective members, elected officials
and the business community at large.
They deserve your consideration
and patronage when making your
corporate purchasing decisions.
Please visit mdtrucking.org to see the
digital version of Behind the Wheel
with live links to advertisers’ websites.
WITHOUT TODAY’S FLEETS AND DRIVERS,
THERE WOULD BE NO SUPPLY CHAIN.
Right now, fleets and drivers across North America are working harder
than ever to keep the economy running. And we couldn’t be more
grateful. There’ll be time to relax with friends and family soon enough.
Until then, thank you for driving and delivering—no matter what.
ROUTE CONTROL® S ROUTE CONTROL® D
© 2020 MNA, Inc. All rights reserved.
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