trucking Q1 SPRING 2023 TENNESSEE NEWS OFFICIAL MAGAZINE OF THE TENNESSEE TRUCKING ASSOCIATION Preemption & Derivative Liability TDC Winners Meet IMC’s New CEO Joel Henry Succession Planning
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Tennessee Trucking News OFFICIAL MAGAZINE OF THE TENNESSEE TRUCKING ASSOCIATION TABLE OF CONTENTS Q1 SPRING 2023 COVER STORY P 22 7 Chairman’s Message BY JASON HIGGINBOTHAM 9 From the President BY DONNA ENGLAND 41 A Closer Look BY TTN ADVERTISING COMPANIES 42 Calendar of Events 42 New TTA Members 42 Advertising Resource Index FEATURES DEPARTMENTS 11 Succession Planning is Key Multi-generational carriers pass on ownership, legacies, but succession doesn’t have to only be a family thing BY STEVE BRAWNER 17 ATRI survey: Driver shortage top concern in Tennessee 20 YPC Happenings BY SARAH HEFFINGTON 29 Unpacking Preemption & Derivative Liability BY DAN CALABRESE 32 TTA’s Road Team BY ASHLEE TAYLOR 37 ALL THE WINNERS! TTA’s Truck Driving Championships BY TTA STAFF 40 The Safety Zone BY MARTY POLLOCK BY STEVE BRAWNER Having been part of the IMC family for some 18 years, Henry a ‘natural fit’ as IMC’s new – and first – CEO Meet IMC’s New CEO, Joel Henry IMAGES OF IMC’S JOEL HENRY ON COVER AND THIS PAGE BY KAREN PULFER FOCHT. Q1 SPRING 2023 TENNESSEE TRUCKING NEWS • 5
WWW.TNTXTRUCK.COM 23 locations in 8 different states to serve you! TAG LOCATIONS ARKANSAS 5712 Commerce Suare Jonesboro, AR 72401 (800) 264-0148 MISSISSIPPI 4600 McCullough Blvd Tupelo, MS 38804 (800) 844-3262 MISSOURI 5376 MO-266 Springfield, MO 65802 (417) 862-7021 3792 Highway 67 North Poplar Bluff, MO 63901 (573) 785-0193 307 Lynual Street Sikeston, MO 63801 (573) 471-7100 14785 State Hwy 177 Jackson, MO 63755 (573) 339-1890 2880 Hwy 67 South Farmington, MO 63640 (573) 747-0190 KENTUCKY 215 Campbell Drive Calvert City, KY 42029 (270) 906-0345 TENNESSEE 112 E. L. Morgan Drive Jackson, TN 38305 (800) 264-0336 4450 American Way Memphis, TN 38118 (800) 264-0336
Chairman’s Message DIRECTORS AT LARGE BRAD ALLEN Venture Express TODD COLEMAN McGriff Tire Company, Inc. JERRY HAMPTON Pinnacle Bank ROB RHEA FedEx Freight WAYNE WEAVER Rapid Ways Leasing BOB WEST R.E. West, Inc. BILLY WHITE Clarke Power Services STEVE HOLDEN Best One Tire & Service EAST TENNESSEE BILL REED, III Skyline Logistics, Inc. CRAIG KENDALL The Peterbilt Store,-Knoxville JIM PETERS TLD Logistics Services, Inc. MITCH FISHER Cummins, Inc. MIDDLE TENNESSEE WILLIAM KEITH FirstExpress, Inc. PAT MARSH Big G Express, Inc. BRAD RAHRER Portland Express, inc. ALLIE SHARP SCHWALB Christenson Transportation, Inc. JOHN WALTON Averitt Express, Inc. BILL BOB WEST R.E. West, Inc. CORY LILE Occusure Workers’ Compensation EDDIE WAYLAND King & Ballow BILL TIRRILL Fleetco, Inc. SOUTHEAST TENNESSEE TOMMY THAXTON Best One Tire & Service DAREL DYER Premier Truck Group of Chattanooga PERRY WILSON McKee Foods LINDY HENLEY Tranco Logistics WEST TENNESSEE MARK GEORGE Intermodal Cartage Co., Inc. TIM GATLIN Empire Express, Inc. JEFF REEVES Reeves Brothers Trucking, Inc. TOMMY EARL TAG Truck Center LANCE WILSON General Truck Sales & Service MIKE LATHUM Wooten Transports, Inc. LESTER LAWSON JNJ Express, Inc. NON-DOMICILED REGIONAL MIKE KELLEY YRC Worldwide, Inc. HAL DOWLAND HELP, Inc., Provider of PrePass GREG SHIPMAN Vertical Alliance Group STEVE GARRISH OLD DOMINION FREIGHT LINE Tennessee Trucking Association Executive Committee CHAIRMAN OF THE BOARD JASON HIGGINBOTHAM Ozark Motor Lines EXECUTIVE COMMITTEE President & CEO DONNA ENGLAND Tennessee Trucking Association TruckPAC Co-Chairman WAYLAND THOMPSON FirstFleet Inc. TruckPAC Co-Chairman TERRY MINOR Cumberland International Trucks, Inc. TTF President SCOTT GEORGE TCW, Inc. Allied Vice Chairman TROY DICKENS Rush Truck Center, Nashville Southeast Tennessee Vice Chairman CONNIE VAUGHAN McKee Foods General Counsel C. DALE ALLEN Adams and Reese LLP Secretary JIM MOSBY FirstBank Treasurer SCOTT SCHUMPERT Carr, Riggs & Ingram CPAs Middle Tennesse Vice Chairman MIKE MCFARLIN M & W Transportation Co., Inc. West Tennesse Vice Chairman JASON HIGGINBOTHAM Ozark Motor Lines, Inc. Non-Domiciled Vice Chairman & ATA State Vice President NICK D’ANDREA UPS East Tennessee Vice Chairman JOHN PEMBERTON Pemberton Truck Lines, Inc. East Tennessee Immediate Past Chairman JEFF REED Skyline Transportation BOARD OF DIRECTORS Jason Higginbotham, CFO, Ozark Motor Lines - 2022-2023 Chairman, Tennessee Trucking Association It’s a privilege to write to you and share updates on behalf of the Tennessee Trucking Association. We’re at the halfway point of 2023 and a lot has happened in the past six months. In last quarter’s edition, we were gearing up for the Technician Skills Competition and Truck Driving Championships and we’ve since crowned our 2023 winners. Congratulations to all the participants from this year’s competition. Your dedication to safe driving and becoming the best in your field keeps our roads and highways safer for everyone traveling across Tennessee. Another key event in the first half of this year was the annual Call on Nashville. Between the Leading-Edge Group and TTA members, we had record turnout this year. It was not only a great year for attendance but a great chance to witness the progress that was made through these events. For years we’ve held discussions with Tennessee representatives around CDL testing backlogs and for the first time in years we have learned there is only a seven to ten day wait for a skills test. This couldn’t have happened without your diligence year after year. Thank you to anyone who has ever come out to show their support! I want to personally thank Mike McFarland & Connie Vaughn for coming to these events. Their knowledge and understanding of the legislative process helps us to navigate these each year with confidence. While discussing the progress made at the Nashville Capitol, we would be remis to overlook the Call on Washington experience. Nashville showed the progress that can be made, and Washington provided insight into the topics that still need to be addressed. The major topics at this year’s Call on Washington were labor shortages, tort reform and the Federal Excise Tax (EFT). Addressing these issues in Washington is one of many concrete ways to not only reduce the burden to our industry but pass these changes onto everyone affected in the supply chain. From the mom buying dinner for her family, to the son saving graduation money for a car, what we do today affects them tomorrow. In 2022 the driver shortage was projected to be 78,800 nationwide. It’s vital that we work hand in hand with legislators to find solutions to these issues and create positive change for the future. As we speak on the future, we cannot forget that there are still more events scheduled for the second half of this year. From Big Rig Events to the Annual Convention in Sandestin, Fla., the calendar is packed. I invite you to take a look at the TTA website for the full schedule. There’s truly something for everyone. In conclusion, thank you again for your hard work in the first half of this year. From the TDC drivers who completed this year accident-free, to our allied and carrier members who sponsor events, increase their knowledge through trainings, and give back to this industry – we’re grateful for your contribution to Tennessee Tucking Association. Until next time, lets continue the work of safely keeping Tennessee (and beyond) on the move. Q1 SPRING 2023 TENNESSEE TRUCKING NEWS • 7
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From the President & CEO Official Magazine of the Tennessee Trucking Association Tennessee Trucking News is owned by the Tennessee Trucking Association and is published quarterly by Matthews Publishing Group. For additional copies, to order reprints of individual articles or to become a subscriber to Tennessee Trucking News, contact Carol Foster at [email protected]. Publisher Jennifer Matthews-Drake [email protected] Executive Editor Donna England [email protected] Creative Director Fran Sherman [email protected] Graphic Designer Barbara Negron Ad Production Doug Benjamin Photographers Clay Cook John Ballance Chris Fain Al Ferreira Daniel Gray Allyssa Woodford Hughes Larry Kuzniewski Caleb Shane Lollar John David Pittman Contributing Writers Steve Brawner Eric J. Francis Kevin Jones Renee Miller David Monteith Derek Rayment Jennifer Barnett Reed Jack Roberts John D. Schulz Lacey C. Thacker Todd Traub www.TNTrucking.org Tennessee Trucking Association Staff President & CEO Donna England [email protected] Foundation Coordinator Ashlee Taylor [email protected] Administrative Coordinator Carol Foster [email protected] Marketing & Communications Coordinator Khadejia Hupp [email protected] Director of Safety Marty Pollock [email protected] 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 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. trucking TENNESSEE NEWS A STRONG FOUNDATION For 93 years, your association has been representing trucking companies. When thinking about our industry and its ever-changing rules and regulations, it’s obvious we have had our work cut out for us. I admire the strong leaders our association has seen over the years. Building a foundation as strong as ours takes members who are dedicated not only to their companies but also to our association. It takes all of our members being active and engaged. Our foundation is strong because of the folks who have invested in it since day one. It makes me proud to hear someone bragging on what a great association we have. We are very fortunate to have Dale Allen and the government relations team at Adams and Reese reviewing and monitoring all bills considered by the Legislature. Several bills dealt directly with trucking. SB210/HB180 went into effect July 1, allowing up to an additional 2,000-pound variance on electric tractor trailers. SB1337/HB87 will tighten up additional notice provisions for towing vehicles on private property, lining up with requirements for public property tows. SB79/HB142 provides that a CDL issued with a hazardous materials endorsement expires on the same date the hazardous materials endorsement authorization expires. It goes into effect Jan. 1, 2024. As we fly through the year, I am also thankful to have such a great staff to work with. They prove every day how valuable they are to all of us. Carol Foster has been with us 18 years. She always has a kind word for everyone and works hard to ensure you are taken care of. Ashlee Taylor has jumped into her new role with ease and is doing a great job. She has coordinated more than 70 Road Team events so far with more to come. Marty Pollock has been bringing you his Safety Zone column, teaching all the NATMI classes this year, helping with the Truck Driving Championships and Technician Skills Competition, and coordinating the safety breaks and all the Roadside events. We have had record attendance at every Roadside this year, and most are first timers. Khadejia Hupp, our newest team member, has learned so much about our industry since coming on board and has been doing a great job with communications. We are working on a marketing campaign to grow our membership. You can help us by referring companies to us. I have enjoyed witnessing the launch of our inaugural Leading Edge class. It has been an honor to meet and get to know these folks. I love their energy and enthusiasm for our industry. I can’t wait to see them graduate the class this September at Convention. Did I mention Convention? This year’s is going to be fabulous. I am really excited about our keynote speaker, Lt. Colonel Bo McGowan. He will kick us off with strategies and leadership lessons he learned as a decorated fighter pilot. We will have presentations on tort reform and the economy and will hear from FMCSA and Tennessee Highway Patrol. Hope to see you in September! Donna England Donna England President & CEO Tennessee Trucking Association Q1 SPRING 2023 TENNESSEE TRUCKING NEWS • 9
In 2010, Bill Reed Jr., started transferring ownership of Knoxville-based Skyline Transportation to his sons, Jeff and Bill Reed III. The process took five or six years. It’s good they started working their succession plan when they did. In December 2018, the elder Reed died suddenly of a heart attack. “If we hadn’t already transitioned the ownership, that could have been a very, very difficult situation to work through when all of a sudden, you’ve simultaneously got your emotions involved and all these other things to contend with,” said Jeff, the company’s president. “One thing we didn’t have to worry about was the ownership transition of the company. We’d already had that part figured out, which was very good, because you’re dealing with so much on a personal level when you experience something tragic like that.” Companies that are preparing to pass on their legacies should have honest conversations about what the current owner wants versus what the next generation expects, Jeff advised. He said every family is unique. Companies should have the guidance of a professional, thirdparty individual. The Reed brothers are the third generation of brothers to own Skyline Transportation. Their grandfather, W.H. (William Hubert) Reed, and his brother, Earl, got the family started in the trucking industry when they bought Skyline, then a less-than-truckload company, in 1954. They passed the company down to W.H.’s sons, Bill Jr., and Bob. Jeff and Bill III were involved in the company from their boyhoods. In 1999, the company under Bill Jr., Jeff and Bill III sold its LTL business to Old Dominion, but they kept the Skyline name and started a truckload company with six trucks. Jeff said the three saw that the LTL sector was consolidating into a relatively small number of companies, and it would be difficult for family-owned firms to compete. They said the transition was easier because their dad was open to new ideas. They have since built Skyline up to 110 company-owned trucks and about 150 employees. The company tries to keep its trucks east of the Mississippi River and away from the extreme Northeast so it can get its drivers home as often as possible. Despite all the company’s changes, the principles espoused by W.H. and Earl continue to guide the company – chiefly, treat others as you would want to be treated. Passing on a company can be challenging on a personal level. The two brothers had to figure out their respective roles, and naturally there were disagreements. “We spent a good deal of time figuring out the strengths and weaknesses of each of our personalities, and we’ve gotten that to a good spot,” Jeff said. “But it wasn’t easy, the process took us several years, and then it takes a lot of self-discipline for each person to try to stay in their lane.” Jason Higginbotham, chief financial officer with Memphis-based Ozark Motor Lines, is also part of a multigenerational trucking family. His grandfather, Mose, Succession Planning is Key Multi-generational carriers pass on ownership, legacies, but succession doesn’t have to only be a family thing BY STEVE BRAWNER CONTRIBUTING WRITER CONTINUES Q1 SPRING 2023 TENNESSEE TRUCKING NEWS • 11
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SAVE ASK ABOUT THE TTA MEMBER DISCOUNT Weigh station bypassing and toll payment solutions that save you time, money, and fuel. Trust PrePass — Over 700,000 truckers already have. prepass.com/TN 866.228.1424 where that professional advice is just so key in getting it done right.” While the Reeds and Higginbothams have kept their companies in the family, Nashville-based TCW took a different route. The company transferred ownership to its employees through an employee stock ownership plan on Jan. 1, 2022. “Everybody’s situation is different,” said Scott George, CEO. “Each person or each group has to make those decisions based on what they think is best for themselves and for the company, but for me, it was really important for me that TCW survive me and that we reward those who have helped build it over the years, and an ESOP was the perfect way to accomplish both of those things.” Like the Reeds and Higginbothams, Scott is a third-generation trucking executive. His grandfather, Howard George, started the company in 1948 with one truck, a 1936 Diamond T heavy duty truck that Scott has since restored. It now sits as a showpiece at the company’s home office in Nashville. Scott’s father, Phil, took over the company when Howard retired in 1968. He transformed the firm from a warehousing company to a motor carrier. The majority of TCW’s business now involves imports and exports from ports and railroads. It also provides domestic truckload services. George started CONTINUES Q1 SPRING 2023 TENNESSEE TRUCKING NEWS • 13
working for the company when he was 13 and took it over at age 38 when Phil died in 2003. Phil died of cancer after fighting the disease for several years, so he had time to create a succession plan. Scott, 57, is planning on easing into retirement. No family members were available to take the company’s reins. The ESOP gave him a runway to plan for his succession. “It was very, very important for me that TCW survive me and that we reward those that have helped build it over the years, and again, an ESOP was a perfect way to accomplish both of those things,” he said. He said one of the keys to passing on a company’s legacy is making sure leaders have people around them with experience. Trucking companies should try to invest in the next generation by training staff members in what they need to know to be successful. “Basically, throughout our entire company, whether it’s in an office environment, or it’s in a shop, or it’s in a warehouse or it’s in a truck, we’ve committed to investing in that next generation and training them up in the way that helps them to be successful in their career with TCW,” he said. He noted that his grandfather had two companies and passed one to each of his two sons. “I think my grandfather definitely had succession and legacy in mind as he was easing toward retirement, and my father, I believe, had it in mind when he passed, and passed it on to me,” he said. The act of passing on legacies extends outside families and companies. Among TTA’s programs is the Young Professionals Council, which offers networking and professional education opportunities within the industry. Created in 2019, the Council has raised more than $50,000 this past year with its Hauling for the Holidays Toy Drive. When he became involved in the Council a few years ago, Jeff Reed realized that most of the activities were in Nashville and middle Tennessee – too far for many in Knoxville to participate. In response, he helped start an east Tennessee chapter. The program kicked off with an event at the Maple Hall bowling center, and participants have also gotten together at Top Golf. The events have attracted 40-50 people, with a good mix of young people and industry veterans. In the coming months, he said the chapter will have some educational events as well as fundraisers and charity events. In addition to the Young Professionals Council, the TTA has also created the Leading EDGE, a program where selected individuals from member companies including carriers and suppliers can improve their leadership skills. Among other activities, participants practice making presentations and will present to the executive committee in August. The members will also participate in TTA’s annual Call on Nashville where they’ll visit with state lawmakers. Donna England, TTA president and CEO, said the TTA believes it’s beneficial to grow the association’s emerging leaders and ensure they are involved in the association. She has been around the TTA for 30 years – first as a member and since 2015 as a staff member turned leader. She noted that Jason Higginbotham, the current chairman, is following in the footsteps of his father, Tommy Higginbotham, who was chairman in 2003-04. The most recent prior chairman was Jeff Reed. His father, Bill Reed Jr., was chairman in 1997-98. Phil George chaired the association in 1991-92. His son, Scott George, was association chairman 2010- 2011 and is currently the president of the Tennessee Trucking Foundation. “In order for our association to continue to successfully grow and to evolve, we have to have that second and third generation step up and take leadership roles,” she said. England said trucking is a multigenerational industry. Times change and the industry changes, and the second, third or fourth generation bring newer ideas to the table. “It was very, very important for me that TCW survive me and that we reward those that have helped build it over the years, and again, an ESOP was a perfect way to accomplish both of those things,” he said. —Scott George, CEO, TCW 14 • TENNESSEE TRUCKING NEWS Q1 SPRING 2023
CCRREEAATTEEDD BBYY TTHHEE TTRRAANNSSPPOORRTTAATTIIOONN IINNDDUUSSTTRRYY FFOORR TTHHEE TTRRAANNSSPPOORRTTAATTIIOONN IINNDDUUSSTTRRYY THE ROAD TO A BETTER WORKERS' COMP PROGRAM BEGINS NOW WWWWWW..AALLLLIIAANNCCEEIINNTTEERRSSTTAATTEERRIISSKK..OORRGG “This is something I’ve always said: Once you have trucking in your blood, it’s there to stay,” she said. “You just have to cultivate what you do and how you do it. And as far as leadership in our association is concerned, we have had some really great leaders to lead our association. Our chairmen have been just super. They love our industry, what we stand for, and then, of course, pass on to the younger generation their values and their views.” Jeff Reed said his involvement in the TTA has given him a chance to network with and learn from people in similar situations – either the same age or the same generation in their company. He can empathize with the challenges they face and gain wisdom from their experience. At ages 49 and 52, he and Bill have not started planning for what happens when they are no longer in charge, though Jeff said they need to do so. While his three sons have been involved in the company, they won’t necessarily become the fourthgeneration trucking owners. He’s not putting any pressure on any of them. “I really want them to look at all options,” he said. “This is here, but I don’t want them to feel obligated, right? So, I’m encouraging them to kind of find what they love, and if it’s this, that’s great. If it’s not, that’s fine. “I don’t want to tell them to work here. I want them to ask, and say, ‘Hey, I’d like to do this.’ And there’s a big difference.” TTN Q1 SPRING 2023 TENNESSEE TRUCKING NEWS • 15
The driver shortage was the top concern among Tennessee’s respondents in the latest American Transportation Research Institute’s “Critical Issues in the Trucking Industry – 2022” survey, while fuel prices was the top concern across the industry nationally. In Tennessee, 98 motor carrier officials, suppliers and other trucking stakeholders responded to the survey. Three of the top 10 issues were related to workforce shortage challenges: the driver shortage at number one, driver retention at number four, and the diesel technician shortage, which was number 10. Truck parking was number two. The survey of drivers, motor carrier executives, and other industry stakeholders was open for responses from Sept. 6 through Oct. 7, 2022. Respondents were asked to choose between 28 critical issues. The issues they ranked as most important were valued at three points, while those ranked second were assigned two points and those ranked third received one point. The national results of the 18th annual survey were released Oct. 22 at the American Trucking Associations’ Management Conference & Exhibition in San Diego. ATRI’s Tennessee report includes all respondents except drivers. ATRI does not include drivers in any of its state reports because, compared to industry officials and others, drivers generally are not as closely associated with a particular state. Fuel prices, which had not been in the top 10 since 2013 when it was number eight, jumped to the top of the list nationally and was seventh in Tennessee as fleets and owner-operators dealt with high fuel costs in 2022. The issue replaced the driver shortage, which fell to number two after five years on top. Nationally, commercial drivers ranked it as their second highest issue, while owner-operators ranked it as their top concern for the second year in the row. “It’s interesting because the very first one of these surveys we did in 2005, the number one and number two issues overall were fuel costs and driver shortage,” said ATRI President and Chief Operating Officer Rebecca Brewster. “Fast forward to 2022, that’s the same top two issues.” She noted that the inaugural survey came after Hurricane Katrina struck New Orleans. Fuel supplies were down and prices had increased. Brewster noted that, nationally, workforce issues continue to be top of mind for motor carrier executives, with the driver shortage and driver retention at numbers one and two and the diesel technician shortage at number eight. That was similar to last year’s results, when the driver shortage and driver retention were the top two among motor carrier executives while the diesel technician shortage was seventh. Neither of those three issues appeared in the drivers’ top 10. While the driver shortage was no longer the top-ranking critical issue nationally, it received a higher percentage of first-place votes at 12.2% than fuel prices. It was number one among motor carriers but was not in the top 10 among drivers. The American Trucking Associations says the industry BY STEVE BRAWNER CONTRIBUTING WRITER The top 10 issues nationally were as follows: 1. Fuel prices 2. Driver shortage 3. Truck parking 4. Driver compensation 5. Economy 6. Detention/delay at customer facilities 7. Driver retention 8. CSA 9. Speed limiters 10. Lawsuit abuse reform ATRI survey: Driver shortage top concern in Tennessee Overall, the top 10 in Tennessee were as follows: 1. Driver shortage 2. Truck parking 3. Lawsuit abuse reform 4. Driver retention 5. Transportation infrastructure/ congestion/funding 6. Economy 7. Fuel prices 8. CSA (tie) 9. Driver distraction (tie) 10. Diesel technician shortage CONTINUES Q1 SPRING 2023 TENNESSEE TRUCKING NEWS • 17
Your trusted choice for full service transportation auctions. John Yehl Director of National Accounts - Transportation (502) 888-4010 [email protected] Contact Us Today to List YOUR Equipment. currently is short 78,000 drivers, an amount that could reach 160,000 by 2031. More than 4,200 individuals across the country responded to last year’s survey, the most ever. Last year, more than 2,500 responded. Drivers represented 47.2% of the respondents nationally, while motor carrier executives and personnel were 38.8% and other industry stakeholders were 14%. Those included industry suppliers, driver trainers and law enforcement. This year’s survey saw a significant increase in commercial drivers, who in 2021 represented 24.1% of respondents – about half of this year’s percentage. With more driver respondents, issues such as fuel prices and truck parking ranked higher than they have in the past. Many of the respondents were owner-operators, who had been especially hard hit by high diesel prices. Brewster was pleased to see more drivers taking part in the survey. “I believe where we can see the number of motor carrier personnel and the number of professional driver respondents more closely represented, I think that’s good,” she said. “They’re both big parts of the equation. So any time we see more than 50% of one group, I feel like we’re not getting representation from the other one. So I was good with this mix.” Four issues appeared in the top 10 nationally among both motor carrier executives and commercial drivers. Truck parking was ranked by drivers as their top concern and was number 10 among motor carriers. Fuel prices was second among drivers and third among motor carriers leaders. The economy was fifth among motor carriers and sixth among drivers. The other shared concern nationally was detention/delay at customer facilities, which was fourth among drivers and ninth among motor carriers. For each issue, respondents could rank three preferred strategies that were selected by ATRI. They could write in their own preferred strategy. Tenneseeans ranked the driver shortage as their top concern. Their top strategy for addressing it was “Support outreach initiatives targeting high school students and young adults.” ATRI’s report about the survey noted that a third of truck drivers are over age 55. Second was, “Advocate for regulatory changes to allow a state to administer a driving skills test to any out-of-state commercial driver’s license (CDL) applicant, regardless of where the applicant received driver training.” The third most preferred strategy was “Work with industry insurers to identify ways to expand coverage for younger drivers as part of the Safe Driver Apprenticeship Program.” That program allows up to 3,000 18-20-yearolds to engage in interstate freight commerce at any one time, but ATRI has found that 50% of small fleets and 30% of large ones said insurance costs Results among motor carrier leaders nationally were as follows: 1. Driver shortage 2. Driver retention 3. Fuel prices 4. CSA 5. Economy 6. Lawsuit abuse reform 7. Insurance cost/availability 8. Diesel technician shortage 9. Detention/delay at customer facilities 10. Truck parking 18 • TENNESSEE TRUCKING NEWS Q1 SPRING 2023
are a significant barrier. Truck parking ranked as the second most critical issue in Tennessee and third nationally. It has been a top five issue nationally since 2015. Across the country, it was the top concern among truck drivers overall. It ranked 10th nationally among motor carrier leaders, which was higher than it ranked previously. Brewster noted that the issue is gaining attention outside of the driver population. “That, I think, is a reflection of the fact that they realize this is a big issue that’s impacting their ability to find and keep drivers,” she said. “We talk about wanting more women in the industry, but if we can’t provide safe parking, it’s not going to attract a lot of women into the industry.” To address the issue, the top strategy among Tennessee respondents was, “Create a new dedicated federal funding program to increase truck parking capacity at freight-critical locations.” Second was, “Encourage local and regional governments to reduce the regulatory burdens limiting the construction and expansion of truck parking facilities.” Third was, “Research the relationship between truck parking availability and highway safety.” Lawsuit abuse reform was third among the Tennessee respondents and 10th nationally. It ranked in the top 10 nationally for the third year in a row, dropping from fourth in 2021. Motor carrier respondents ranked it sixth after ranking it third in 2021. Tennesseeans’ most preferred strategy was “Encourage Congress to expand federal court jurisdiction to allow motor carrier defendants to take their highway accident cases into federal court as appropriate.” Second was “Advocate for elimination of ‘phantom’ medical damages.” Third was “Educate motor carriers and law enforcement on how to identify staged accidents and advocate for legislation that makes it a criminal offense to stage an accident with a commercial motor vehicle.” Ranking fourth in Tennessee and seventh nationally was driver retention, which was second among motor carrier respondents nationally. Fifth in Tennessee was transportation infrastructure/congestion/funding, which fell out of the top 10 nationally. It was number 10 on the driver list but didn’t make the motor carrier list. Brewster said that result may be tied to the passage of the federal Infrastructure Investment and Jobs Act in late 2021. “Maybe that is a reflection of the fact on the carrier side, they feel like, ‘Well, we now finally have a signed infrastructure law in place, and so now we’re going to finally start to address the issues,’” Brewster said. “And maybe on the driver side, it’s, ‘Well, we’re still sitting stuck in traffic congestion.’” Sixth in Tennessee was the economy, which was number five nationally and made its first appearance in the national top 10 since 2020. Brewster said the economy’s high ranking was the result of a number of factors: inflation, fuel prices, and, as demonstrated by many of the write-in comments, difficulties in obtaining equipment and parts because of supply chain issues. Fuel prices ranked seventh in Tennessee. Tied at number eight in Tennessee and also ranking number eight nationally was the Federal Motor Carrier Safety Administration’s Compliance, Safety, Accountability measurement system. CSA first appeared in 2010 as the number two issue, was number four in 2011, and was number one in 2012. It has never left the top 10 since. Also at number eight in Tennessee was driver distraction, which was not in the top 10 nationally. The diesel technician shortage was 10th in Tennessee but did not appear in the top 10 nationally, although it was number eight among motor carrier respondents. Last year it was 10th overall nationally. Among the issues appearing in the top 10 nationally but not on Tennessee’s list was driver compensation, which ranked fourth across the country. The issue entered the top four nationally in 2019 and hasn’t left. It was ranked third by commercial drivers but was not in the top 10 among motor carrier leaders. Company drivers ranked it first while owner-operators/independent contractors ranked it third. Two other national top 10 issues were not in Tennessee’s top 10. At number six was detention/delay at customer facilities, which entered the top 10 in 2019 and has remained there since. At number nine was speed limiters, which entered the top 10 for the first time after being ranked there by drivers for several years. Drivers this year ranked it fifth, and more than one out of five ranked it as their top concern. The ranking came after the FMCSA earlier this year issued a notice of intent to move forward on a speed limiter rulemaking in 2023. TTN Among commercial drivers, the results were as follows: 1. Truck parking 2. Fuel prices 3. Driver compensation 4. Detention/delay at customer facilities 5. Speed limiters 6. Economy 7. Hours-of-service rules 8. Electronic logging device mandate 9. Driver training standards 10. Transportation infrastructure/ congestion/funding Q1 SPRING 2023 TENNESSEE TRUCKING NEWS • 19
YPC HAPPENINGS It has been a busy first half of the year for the TTA Young Professionals across the state! From our first annual women’s luncheon, Tennessee baseball games, bowling benefits, socials, and our more “official” educational lunch meetings, we have seized every opportunity thus far to get together and share our passion for trucking and the future of trucking in Tennessee. This is the first year that the TTA has had an East Tennessee Young Professionals branch. Stephanie Siegel from Skyline Transportation, Inc. has done an excellent job organizing the schedule and rounding up the troops! Although the weather was less than cooperative at the last event, everyone turned out in full force in “Tennessee Orange” to cheer on the Volunteer’s Baseball team, making it one of the top events of the year! The ETN YPC has also hosted bowling socials, quarterly meetings and is planning a UT tailgate and a top golf benefit for our big Christmas toy drive “Haulin for the Holidays” for later in the year! The Middle TN YPC started off the year in January with a quarterly meeting & social at Diskin Cider. Diskin Cider is the location where the first “official” meeting was hosted with only 12 members almost 5 years ago this upcoming August! Moving into early March, not even the strong storms and tornado warnings would cancel our first annual women’s luncheon at Puffy Muffin sponsored by Cumberland International. Around fifteen women gathered to discuss ideas and success stories in learning how to balance working full time and their respective family roles at home. In April, several YPC members were present alongside TTA leaders at the annual “Call on Nashville” where we discussed key industry issues and the YPC Bowling Fundraiser YPC Women’s Luncheon 2023 20 • TENNESSEE TRUCKING NEWS Q1 SPRING 2023
power of showing our presence on Capitol Hill through lobbying. With the addition of the participants from the new TTA Leading Edge program, we had an outstanding presence of young industry leaders and it was definitely noticed. Later in the month of April, Reliance Partners hosted a “lunch & learn” panel discussion with guest speakers Donna England, TTA and Scott George, TCW Inc. & TTF President. We have had a lot of new members and Scott and Donna answered questions about all the different ways the TTA serves motor carriers and how the Foundation works with the TTA to promote safety through various programs. And lastly a few weeks ago in June, we hosted our Second annual fundraiser “Let the Good Times Roll” for the Tennessee Trucking Foundation at King’s Bowl with around 100 in attendance! With a big thank you again to Kimbro Oil, our Premier Lane Sponsor and to MHC Kenworth our Dinner Sponsor, we were able to profit around $10,000 for the Tennessee Trucking Foundation. These funds will go towards our TTA Road Team, specifically to aid in events across the state. You could say we have been a little busy… The mission of the Young Professional is to build comradery and strengthen the TTA, and I am confident we will continue to do just that. Be sure to check the calendar on the TTA website for all upcoming events or contact me directly if interested in getting involved with our young professional council! TTN Sarah Heffington, M&W YPC MTN Chairman [email protected] 615.426.2466 Baseball Night Baseball Night YPC Q2 Meeting Q1 SPRING 2023 TENNESSEE TRUCKING NEWS • 21
Having been part of the IMC family for some 18 years, Henry a ‘natural fit’ as IMC’s new – and first – CEO Meet IMC’s New CEO, Joel Henry BY STEVE BRAWNER CONTRIBUTING WRITER PHOTOGRAPHY BY KAREN PULFER FOLCHT 22 • TENNESSEE TRUCKING NEWS Q1 SPRING 2023
Joel Henry has both a new job and a big job, but not an impossible job. Effective June 1, Henry became the new CEO of Collierville-based IMC, the nation’s largest marine drayage company. He actually started in that new position in May. “I had the pleasure of sitting down with Joel last year and had a great conversation with him. He is the perfect person to assume the role as IMC’s CEO and our team is excited to welcome him in his new role and get to know him better in the future,” Donna England, president & CEO, TTA. It’s the first time the company, which transports freight from ports to depots and distribution centers, has had a CEO. Its founder, Mark H. George, started Intermodal Cartage Company in 1982 at age 20 as his first job. George will remain as Chairman and the company’s leader, and will focus on the company vision, organizational strategies, acquisitions, and finance. As CEO, Henry will handle more of the customer and operations sides of the business. “I would like to say I’m extremely focused on clear execution with full transparency to both internal and external customers,” Henry said. “That starts with the drivers. It starts with the operations team, our sales team, our back office. It takes everybody doing their jobs for us to be successful. The cool thing about going into the CEO role is a lot of the direct reports that Mark had that will be shifted to me are people I’ve worked with for a really long time. I respect them and know them well – know their families – so it’s not going to be a hard transition, candidly, to do that.” CONTINUES Q1 SPRING 2023 TENNESSEE TRUCKING NEWS • 23
BIG NEWS AT NACARATO! Nacarato Truck Centers, a third-generation family run dealership group since 1976, completed the required training and facility updates to become the first Volvo Trucks Certified Electric Vehicle (EV) Dealership in Tennessee with its La Vergne, Tenn. location, servicing the greater Nashville market. New electric vehicle at La Vergne, Tenn. location IMC had $1.4 billion in sales last year. It has 45 terminal locations, as well as depots scattered throughout the United States where it stores loaded and empty containers for beneficial cargo owners and ocean carriers. The company has about 2,200 trucks, with 70% of them manned by owner-operators, and 2,790 employees total. The company has about 650 employees in the Memphis area, including 400 at its headquarters, about 200 drivers, and another 50 working at a truck terminal. Most of the customers move at least 500 loads a year, and some move more than 20,000. Henry comes into the position after serving as president of IMCG, the largest of IMC’s eight operating companies that focus on specific regions or business areas. IMC is headquartered in Collierville, TN, where support functions are centralized for all regional companies including Human Resources, IT, Accounting, Marketing, etc. IMCG has operations in Dallas, Fort Worth, Tulsa, Birmingham, and Huntsville, Ala., with 560 trucks. He has been in that position since 2010 and was a natural to move into the position when George decided to create the CEO role. His main focus at first will be unifying the eight companies into one under the IMC brand. Instead of having separate names and separate logos, they all will be IMC and still focused on the regions they serve. Bringing them all under one name will make the company more efficient and will make it easier for customers to understand who the company is and how it does business nationwide. Processes will be streamlined so that onboarding, rates, and other operations will be optimized and consistent, but customers will continue to work with the team members they work with now. That unification is expected to be completed by the end of 2023, one operating company at a time. While this is a major task, all eight companies are solid and have solid executives. They all have been supported by the IMC headquarters. “None of the current leadership or companies are broken,” he said. “All of them are healthy and growing and doing well, but I will be a resource for them, and the C suite for them in general will be a resource for them to navigate additional growth, whether that’s purchasing equipment, property, developing terminal locations, and then the back office is extremely important as well.” Katie George Hooser, chief marketing officer, said Henry was a “natural fit” to become CEO. “He obviously knows the operations inside and out. He’s very sales-driven,” 24 • TENNESSEE TRUCKING NEWS Q1 SPRING 2023
she said. “I think he’s really good with customers, and they trust him. He’s going to tell people the truth. Joel’s very humble, and everyone has respected him for the entire time that he’s been at IMC, and so he’s just a really natural fit and already has support from everyone at our company.” “Operationally, we aren’t making a lot of big changes, I think Joel signals that because he’s not someone new coming in that people haven’t worked with before. He’s someone who’s been in a leadership role in our company for 17-18 years. We’re going to continue to operate the same way, but just in a more unified way, and I think Joel’s going to do that for us.” The company has grown since it was created, the exception being a brief period around 2009 and 2010 during the recession. It enjoyed significant growth during the COVID pandemic, when Americans were stuck at home and buying overseas-made goods transported in the US by the company. Memphis Business Journal ranked IMC the second-fastest-growing private company in the Memphis area with growth in gross revenues from $347.4 million in 2019 to $982.63 million in 2021. Now it’s at $1.4 billion. It has a yearly goal of growing 15% – half through acquisitions and half organically. Henry will be in charge of operations and growing the customer base. The company is also looking at expanding the services it already offers customers. “We’ve got 45 terminal locations scattered throughout the U.S., from the West Coast, the Pacific to the Gulf Coast to the Atlantic and basically any major rail or city with rail service in between,” he said. “So, we’ll continue to add more terminal locations through our acquisitions and organic growth”. “We only want to acquire healthy companies that have been in business a long time,” he said. “Typically, if they’re healthy, they’ve got a good base of drivers and good base of customers, it means that they also have high integrity and morals, and that’s our culture. So, when we’re on the acquisition trail, that’s one of the main things that Mark focuses on as well is the current leadership and what kind of company that they operate. We want that company to be similar and match our culture as well.” Henry noted that the company didn’t know the pandemic was coming and didn’t know people would stay home and buy home improvement items. The pandemic was both a challenge and an opportunity. No doubt, the company will have other unexpected challenges CONTINUES Q1 SPRING 2023 TENNESSEE TRUCKING NEWS • 25
and opportunities. “We were able to navigate that, and I’m sure there’s something else in front of us that we’ll have to navigate as well,” he said. “You know, if it’s a recession, we’ll have to navigate that. If it’s another pandemic of some sort, we’ll navigate that. But my role is to help support the region presidents and our company and make sure that we’re aligned and healthy and able to steer out of the ditch and stay on the road so we can be successful.” Another area the nation’s largest marine drayage company is navigating is the complex world of Class 8 Zero Emissions Vehicles (ZEVs). Marine drayage is one of the transportation sectors where ZEV and more specifically, Battery Electric Vehicles (BEVs), appear to be most viable due to the limited travel distance and proximity to home terminals for recharging. IMC’s West Coast operation, Pacific Drayage Services (PDS), has six electric vehicles currently in operation along with private infrastructure for charging on their Compton, CA terminal. PDS is quickly having to evolve its’ fleet of company tractors due to the Advanced Clean Fleet Rule recently adopted by California which is aggressively phasing out ICE (internal combustion engine) technology from the fleets servicing the California ports. Henry indicated that many customers have asked for the use of electric trucks and the company’s knowledge of BEVs is rapidly evolving as they test out lanes using this technology. Challenges abound, however, in an environment where there is a lack of public infrastructure supporting the use of BEVs and limited range given the current battery technology. Additionally, the overall weight of these tractors compared to diesel is a chief concern to drayage operators, especially those supporting export customers where weight of product is key to profitability. Henry committed to pushing IMC’s operation on the West Coast to a carbon neutral footprint by 2028, years ahead of the state mandated deadline. “Our staff and drivers reside and raise families in the same communities that have been plagued by pollution for years,” Henry noted, “and as the largest player in our space in the US, we have an obligation to help move the needle in reducing emissions.” Henry, 57, has spent almost his entire adult life in trucking. The native of Philadelphia, Miss., grew up the son of two parents who had master’s degrees from Mississippi State University. His father, Ralph, worked for the state of Mississippi creating programs placing individuals with disabilities in manufacturing jobs so they could gain independence. He’s still actively enjoying life at age 83. His late mother, Tanya, was a schoolteacher. Henry grew up in Philadelphia with his future wife, Dana, and married her when he was 20 and she was 18. He had been attending a junior college, while she had just graduated high school. Together, the newlyweds moved to Starkville to attend Mississippi State. He graduated with a Bachelor of Science degree in transportation and marketing. They came to Memphis together when Dana was accepted into dental school. He started working in a bank, but he needed a second job to support the family, so in 1989 he started working afterhours and weekends in operations and dispatch at Comtrak Logistics, IMC’s next-door neighbor and close competitor. That part-time job in dispatch became a full-time job as depot manager. From there he moved to the company’s administrative side, working in accounts payable and receivables. He then had an inside sales role before becoming a terminal manager and then director of sales. Along the way, he had many opportunities to compete against IMC, his future employer. He knew the company was focused on providing a good service at a fair price, and that it had a high level of morality and integrity. “I felt like they were a very good competitor,” he said. “When chasing customers and sitting down with customers and if customers are bidding out their cargo, they’re going to have more than one potential vendor, and whenever Intermodal Cartage was in that mix, I knew I had to buckle down and really get the sales going on, because they’re a really good competitor.” Henry enjoyed his 16 years working at Comtrak. He respected its owner, president and CEO, Mike Bruns, and Executive Vice President Bill Pallme. But his time there was destined to end. Comtrak was about to be acquired by Hub Group. He didn’t know the specifics, but he knew something was happening. 26 • TENNESSEE TRUCKING NEWS Q1 SPRING 2023
At the time, he had struck up a close friendship with IMCG’s Jeff Banton. The two were both volunteering as coaches for a youth softball team in Germantown for which Henry’s daughters were playing. Banton, who now is president of Atlantic Intermodal Services, another one of IMC’s operating companies, introduced Henry to Mark H. George. Eventually George offered him a job as vice president of sales. It was a difficult decision for Henry, but he made the move in July 2005. In 2010, he became IMCG’s president. Henry does have outside interests. He likes to spend time with family. Two daughters, Erin Ashley Cooper and Megan Stowers, both graduated from Mississippi State, where they met their husbands, Chandler Cooper and Josh Stowers. He enjoys going to Pickwick Landing State Park in the summers with his family and going turkey hunting and duck hunting in the winters. They have a club in McCrory, Ark., where he hunts with his sons-in-law and close friends. Another major responsibility of Henry’s will be continuing to advance the company’s technology. He said IMC already considers itself to be a leader in that regard, “but you can’t pump the brakes, you can’t take your foot off the gas pedal when it comes to technology just because of how quickly things change.” One area where the company is innovating is in SmartStacks, its own variation of the peel pile process. That’s an industry practice where a shippers’ containers are grouped into stacks or piles and drivers transport the one on top to a distribution center, rather than unstacking the containers to collect the right one. With SmartStacks, through IMC’s proprietary app, drivers can haul customers’ containers to their destination or, if the driver is short on hours, an IMC depot. Mason George, Mark H. George’s son and IMC’s president of national accounts, told Commercial Carrier Journal that the company is three to four times as efficient using this process. Dwell time has dropped from seven to eight days to two or fewer. The customer gets a better deal by paying for less detention, while drivers are making more money. Idling time has fallen by 67%. Henry said he will be working with Chief Information Officer Joel Tracy to keep the company moving forward in other areas of technology for the sake of customers, the operations team, drivers, and vendors. He said mindsets have changed. Customers have been trained by major shippers to expect to know exactly where the load is at all times. “That’s what we want to do,” he said. “We want to make sure that there’s complete transparency when customers hand off cargo to us, and they can see all the milestones associated with the movement of their shipment, the termination of their equipment. And then we transition that inside to our operations teams and to our drivers as well. We want to give them technology that not only makes their jobs easier but that makes them more efficient by providing our customers the best technology possible in our space.” Looking ahead, Henry expects technology to drive consolidation and acquisitions in the drayage sector. Drayage will get more refined and efficient and will require technology to support customers’ needs. “As the world spins, we all expect to have more transparency and know where every milestone is during a shipment. And it’s expensive to develop technology and to put technology in play. … Ultimately, our goal is to provide our customers with unparalleled service at a fair price, and technology, again, will help us do that,” he said. “By operating more efficiently, we’ll be able to pass that type of savings to our customers as well.” TTN Q1 SPRING 2023 TENNESSEE TRUCKING NEWS • 27
For more information about sponsorship, exhibit booths, and registration, please visit https://tntrucking.org/2023convention/ or call us at (615) 777-2882. Mark your calendars for this September! 28 • TENNESSEE TRUCKING NEWS Q1 SPRING 2023
If a truck driver is at fault in an accident and the trucking company that employs the driver is willing to accept legal responsibility – and incur whatever costs come with that – should a plaintiff then have the right to sue the trucking company over issues not directly related to the accident itself? Surprisingly, the law is not clear on this point. But a case now before the Tennessee Supreme Court may settle the matter once and for all, and leaders of the trucking industry are asking the Court to protect the industry from excessive lawsuits arising from such cases. Surprisingly, the case that may lead to the issue’s resolution isn’t about the trucking industry at all. It involves a slip-and-fall case in a grocery store. But the legal principle at stake applies directly to the issue presented above, which is why a legal team working with the Tennessee Trucking Association and the American Trucking Associations is using the case to seek a ruling that will protect Tennessee trucking firms from the jeopardy of major jury verdicts – in the case of accidents where trucking companies do not even contest that they are responsible. The case in question arises from a slip-and-fall incident at a Trader Joe’s in Davidson County. In the case, Trader Joe’s agreed to accept legal responsibility for the actions of the employee that led to the slip-and-fall. But the plaintiff was not satisfied with that and wants to further sue Trader Joe’s for the manner in which the employee was hired, trained and supervised. The trucking industry sees direct parallels to cases arising from accidents on the road. At issue: If an accident occurs involving a truck driver and another party, and the party becomes a plaintiff in a lawsuit, the plaintiff will most likely sue the trucking company as well as the truck driver. If the trucking company acknowledges responsibility for what happened by virtue of the driver’s association with the company – thus allowing the plaintiff to collect damages from the trucking company – does that simply end the case? The seemingly obvious answer is yes. Once the trucking company has accepted responsibility – a position known as “vicarious liability” – what more is left to decide? But in recent years, plaintiffs’ lawyers have tried to take such cases further. Rather than be satisfied with the settlement arising from the accident, they seek to sue trucking companies for “direct negligence,” claiming the trucking companies should be held additionally responsible for mistakes or omissions made when they hired the truck driver in the first place. This could include issues such as vetting at the time of hiring, as well as training, retention and supervision of the driver. Such claims are known as “derivative liability.” If such cases are allowed to go Unpacking Preemption and Derivative Liability BY DAN CALABRESE CONTRIBUTING WRITER CONTINUES Q1 SPRING 2023 TENNESSEE TRUCKING NEWS • 29
forward, it allows plaintiffs’ attorneys to go beyond the mere facts of the accident and delve deeply into the process of how the driver was hired. It opens the trucking company up to extensive discovery processes and potentially much larger judgments. Does the law allow this? Federal case law says no, but rulings in Tennessee state courts either disagree with the federal rulings or leave the matter unresolved. The Tennessee Supreme Court has agreed to decide the matter, and this is where the TTA and the ATA are taking action. The two organizations have jointly filed an amicus brief with the Tennessee Supreme Court, asking the Court to rule that an employer’s admission of agency with the driver – and thus responsibility for any incident that occurs – bars plaintiffs from seeking any other theory of derivative liability. The underlying case between Trader Joe’s and the slip-and-fall plaintiff has not yet been decided and no trial has yet been held. Trader Joe’s has filed a motion for summary judgment with the Tennessee Supreme Court on the basis of it already having admitted vicarious liability for the actions of the employee that led to the incident. If the Court grants the Traders Joe’s motion or otherwise finds in favor of Trader Joe’s based on the argument that it has admitted vicarious liability, that would set a case law precedent that Tennessee embraces the notion of “preemption” in such matters. In other words, a defendant’s admission of vicarious liability preempts any further litigation on issues such as hiring, training and supervision. According to attorneys for the TTA and the ATA, many plaintiffs’ attorneys have taken this tack, not only to seek more in damages but also in recognition of the fact that jury members might personally identify more with truck drivers than with trucking companies. “It’s our position that the plaintiffs’ attorneys are making this about the big bad trucking companies and making it about bigger verdicts and discovery.” —Mary Beth Haltom White, attorney, Lewis Thomason The stakes could be very high for trucking companies because the Tennessee Supreme Court’s decision would impact the kinds of evidence juries can consider in such cases, as well as the form of the verdict they can render. Plaintiffs’ attorneys may recognize that juries are more likely to identify personally with a truck driver. Trucking companies, on the other hand, can more easily be portrayed as villains – especially if juries can be convinced they did a terrible job at hiring, training and supervising drivers. That would open entirely new lines of legal action and lead to much bigger payouts than cases that involve only the facts of an accident. Another danger for trucking companies, if derivative liability is permitted, is the way plaintiffs’ attorneys can use the process of discovery. If plaintiffs can sue trucking companies over the way they hired, trained, supervised and retained drivers, that gives plaintiffs’ attorneys the right to demand all kinds of documents from drivers’ personnel files and other company records that relate to the relationship between the company and the driver. In addition to being a nightmare of a process for trucking companies – and very expensive because the company must pay its lawyers to be present during the discovery process – it can also bring forth admissible evidence that would otherwise not be permitted in a case. And in the event that this leads to larger judgments against a trucking company, it would also lead to higher liability insurance costs. “This is no longer about making (plaintiffs) whole,” said Pamela Bracher, deputy general counsel for the ATA. “This is a windfall.” According to Bracher, the focus on such issues is a somewhat recent development. “It used to be, back in the day, plaintiffs’ attorneys would basically just focus on whether or not the driver was negligent,” Bracher said. “Over time, for a lot of reasons – and this is my personal opinion – the plaintiffs bar realized, ‘Wait, truck drivers look like our jurors. They know people who are truck drivers.’ And then, during COVID, truck drivers were important.” In Bracher’s opinion, that led plaintiffs’ attorneys to start suing trucking companies directly. As the scope of such lawsuits began expanding beyond the mere facts of the accidents, federal courts established that plaintiffs could not sue on the basis of additional employment issues if the trucking companies were willing to admit vicarious liability. But many state courts did not follow suit, leaving ambiguity in the law and leaving companies uncertain of their legal rights in such cases. In 2021, the Colorado Supreme Court ruled that an employer’s admission of vicarious liability should bar any claims of derivative liability. But the Colorado legislature subsequently passed a law that reversed that decision and established, by statute, that “a plaintiff’s direct negligence claim against the employer or principle is not barred” in such cases. 30 • TENNESSEE TRUCKING NEWS Q1 SPRING 2023
Proud to serve the trucking industry and related supply chains and help solve your unique legal challenges. From employment issues and contracts to catastrophic accident defense, let us help protect your business. www.adamsandreese.com Atlanta, GA Baton Rouge, LA Birmingham, AL Charleston, SC Charlotte, NC Chattanooga, TN Columbia, SC Denver, CO Houston, TX Jackson, MS Jacksonville, FL Memphis, TN Mobile, AL Montgomery, AL Nashville, TN New Orleans, LA Sarasota, FL St. Petersburg, FL Tallahassee, FL Tampa, FL Washington, DC Transportation and Logistics Attorneys In 2022, both the Louisiana and Illinois Supreme Courts rejected the rule that preempts direct negligence claims when an employer admits vicarious liability. “It’s a double recovery,” Bracher said. “If you’re operating in a state that has not adopted the preemption rule, then in essence it’s like the company is paying twice – once for the negligence of the driver and a second time for negligent retention.” Mary Beth Haltom White, an attorney with the Knoxville-based law firm Lewis Thomason, is working on the case for TTA and ATA and took the lead in writing and filing the amicus brief with the Tennessee Supreme Court. “Our position really is that when a trucking company admits and accepts that it will be responsible for any negligence or wrongdoing that is assigned to the driver, then there is no reason to have direct negligence claims,” Haltom White said. “It’s pointless. Our position is that the current structure of Tennessee’s fault system is not served well by allowing direct negligence claims against an employer when the employer admits it’s vicariously liable for its employee’s actions.” Haltom White also makes clear what the associations believe is motivating such claims. “It’s our position that the plaintiffs’ attorneys are making this about the big bad trucking companies and making it about bigger verdicts and discovery,” Haltom White said. While attorneys for the TTA and the ATA filed their briefs in May, the case is far from being decided. Plaintiffs’ attorneys will likely file their own briefs in response to the one from TTA and ATA. The filing of briefs is likely to be completed by mid-August, at which point the Court will hear oral arguments from the respective parties. Haltom White indicated it could be close to a year before the Tennessee Supreme Court issues a verdict. TTN “It’s a double recovery. If you’re operating in a state that has not adopted the preemption rule, then in essence it’s like the company is paying twice – once for the negligence of the driver and a second time for negligent retention.” —Pamela Bracher, deputy general counsel for the ATA Q1 SPRING 2023 TENNESSEE TRUCKING NEWS • 31
Road Team - 2023, a Year in Review Tennessee Trucking Association’s Road Team - 2023 Tennessee Trucking Foundation’s Bartlett Freshman Academy. L-R Mike Middleton, Old Dominion, Cardell Benfield, Titan Transfer, Jamie Sowder, FedEx Freight, Bobby Rue, Ozark, John Anderson, TCW, Arthur Harley, T-Force Athens Safty Breaks. Pictured, Todd Darnell, Big G Express Call on Nashville. Captains Pictured, Peter Lovan, Titan Transfer, John Tetreault, Averitt, TJ Daniel, Huff & Puff Trucking Anderson County Yellow Dot. Pictured Ken Wheeler, Old Dominion AAA Touch A Truck, Pictured Trinton Nevette, FedEx Freight Call on Washington. Road Team Captain Pictured, Jeff Coffey, Old Dominion Freight Line Bartlett Freshman Academy. Pictured Mike Middleton, Old Dominion Freight Line EO Coffman L-R, Tim Chellette, Big G, Trinton Nevette, FedEx Freight 32 • TENNESSEE TRUCKING NEWS Q1 SPRING 2023
For the first half of the year the Tennessee Road Team Captains have had a packed schedule working across the state helping to “Safely Keep Tennessee on the Move.” Thank you, Captains, for completing over 70 events this year, and all you do promoting safe driving and spending time teaching teens to share the road. We appreciate all the companies that share their drivers with us. Together, we can continue to advance highway safety. Battle Creek Middle School Career Day. L-R, Robert Pardee, Old Dominion, John Tetreault, Averitt, Don Boone and Trinton Nevette, FedEx Freight ETN Big Rigs for Little Kids Golf Tournament. Pictured Josh Johnson, Titan Transfer Cannon County High School. Pictured TJ Daniel, Huff & Puff Trucking Chapel Hill CarFit. Pictured Tim Chelette, Big G Express Careers on Wheels Day at Clinton Elementary School. Pictured Tom Frain, Highway Transport CarFit Training with Rose Boyd, THSO, and Tim Chelette, Big G Express Dandridge Safety Breaks. Pictured, Eddie LeSueur, Skyline Transportation Coffee County High School. Pictured, David Chapel Hill Elementary School. L-R, TJ Daniel, Hughes, FedEx Freight. Huff & Puff, Peter Lovan, Titan Transfer, Don Boone, FedEx Freight Q1 SPRING 2023 TENNESSEE TRUCKING NEWS • 33
Road Team - 2023, a Year in Review Tennessee Trucking Association’s The Tennessee Road Team Captains have made appearances at elementary, middle, & high schools, career fairs, health fairs, truck shows, FFA convention & Teen Institute just to mention a few. At these events they use PowerPoint presentations, and pedal karts with fatal vison googles to demonstrate impaired driving. Junior 4-H Camp. L-R, Rick Bennett, FedEx Freight, Randy Renner, Walmart Transportation, Scott Lambert, FedEx Freight National Tourism Week. L-R Steve Marlow, ABF, John Lemmons, UPS, Ken and Donna Wheeler, Old Dominion Freight Line MTN Big Rigs for Little Kids Golf Tournament. L-R, Don Boone, Paula Harper, Kevin Carter FedEx Freight Large Cars and Guitars Truck Show. L-R, Randy Renner, WalMart Transportation, Cydi Sliger, Old Dominion, Josh Johnson, Titan Transfer, Eddie LeSueur, Skyline McGavock High School Spring Wing Fling. L-R Paula Harper and Rick Bennett, FedEx Freight Giles County Roadside. Captains Pictured, Daniel Spratlin, Old Dominion, Cleve McCord, WalMart Transportation, Frd Klem, Total Transportation of MS 34 • TENNESSEE TRUCKING NEWS Q1 SPRING 2023
Not only do the Road Team Captains work with teens they also work with aging drivers to help fit them in their vehicles at our CarFit events. Road Team at the Mid America Truck Show. L-R Rick Bennett and Paula Harper, FedEx Freight, Tom Frain, Highway Transport, Cyndi Sliger, Old Dominion Freight Line, Tim Blair, FedEx Freight, Arthur Harley, T-Force Oakridge Carfit. Captains Pictured-Eddie LeSueur, Skyline, David Brady and Jeff Coffey, Old Dominion, Steve Marlow, ABF, John Lemmons, UPS, Randy Renner, Walmart Transportation Knoxville Roadside. L-R, Rick Bennett, FedEx Freight, Josh Johnson, Titan Transfer TCAT Knoxville Remake Learning Days. L-R, Eddie Lindsey, Big G Express, Rick Bennett and Scott Lambert, FedEx Freight, Cyndi Sliger, Old Dominion, Tim Blair, FedEx Freight SOS Fest. Pictured Tim Blair, FedEx Freight TNSRO Conference. L-R, Cyndi Sliger and David Brady, Old Domion TN Teen Institue L-R John Tetreault, Averitt, Paula Harper, FedEx,Kraig Hinrichs, Ascend, Mike Middleton, Old Dominion, Jamie Sowder, FedEx, Paul Love, Ascend, Eddie Threlkeld, HUB Group, John Anderson, TCW TCAT, L-R, John Lemmons, UPS, Randy Renner, WalMart Q1 SPRING 2023 TENNESSEE TRUCKING NEWS • 35
The captains have been busy getting folks enrolled in the Yellow DOT Program, when seconds count… Count on yellow DOT! This program provides first responders information in case of a roadway incident where emergency medical attention is needed. Westside Community Yellow Dot. L-R Todd Darnell, Big G, Charles Smith, FirstFleet Oakland High School students watching our RT captains video. These videos were created last year to teach students on road safety Oak Ridge HS, L-R, Jeff Coffey, Old Dominion, Eddie LeSueur, Skyline, and Tom Frain, Highway Transport Westmoreland High School. Captains in Attendance, Rick Bennett, FedEx Freight, John Tetrault, Averitt, Peter Lovan, Titan Transfer, Steve Marlow, ABF Veteran’s Memorial Park Block Party. L-R Kevin Carter, FedEx Freight, Cleve McCord, WalMart Transportation LLC Eastgate Senior Fair. Pictured Peter Lovan, Titan Transfer Warren County High School, Pictured Trinton Nevette, FedEx Freight Truck Driving Championships. L-R, Ken and Donna Wheeler and Mike Middleton, Old Dominion, Rick Bennett, FedEx Freight, Eddie LeSueur, Skyline FFA Convention. L-R David Brady and Jeff Coffey, Old Dominion 36 • TENNESSEE TRUCKING NEWS Q1 SPRING 2023
GRAND CHAMPION Jer ami ah Ca rter Averitt Expres s , Inc . BRADFORD CALFEE Walmart Transportation Suspens ion, Br a kes , Wheel End & Elec tri c a l St a tion Winner 2023 Techni c ian Ski l l s Champions 1s t - Jer ami ah Ca rter - Averitt Expres s Inc . (Middle) 2nd - Andrew Grimm - Cl a r ke Power Ser v i ces (Right) 3rd - Shane Redknap - Oz a r k Motor L ines , Inc . ( Left) JERAMIAH CARTER Averitt Expres s , Inc . Fa s tener s , Tr ansmi s s ion, Engine & Cool ant St a tion Winner ANDREW GRIMM Clarke Power Ser v i ces Written, Ser v i ce Informa tion, & PMI St a tion Winner 2023 Technician Skills Competition Tennessee Trucking Association's 2023 TSC Station Winners
GRAND CHAMPION Bri an Turner, ODFL , Inc . PRETRIP INSPECTION J amie Sowder, FedEx Freight ROOKIE OF THE YEAR J amie Br abham, Big G Expres s INSPECTOR CHAL LENGE Trp. Paul Penley VOLUNTEERS OF THE YEAR Bonnie Sedberr y , Tit an Tr ans fer, Inc . Ronnie Hol l and, TCW, Inc . TEAM TROPHY Old Dominion Freight L ine, Inc . DRIVER OF THE YEAR Bobby Rue, Oz a r k Motor L ines , Inc . Averitt Express, Inc. Judges Lunch TCW, Inc. Pre-Trip Vertical Alliance Premier Cummins , Inc. Trophy Ozark Motor Lines Course Clarke Power Services Banquet Old Dominion Freight Line, Inc. Scoring FedEx Freight Kids Tent Big G Expess, Inc. Class-Sleeper Titan Transfer, Inc. Coin Challenge Christenson Transportation Course Tennessee Steel Haulers, Inc. Class Reliance Partners Driver of the Year 2023 Truck Driving Championship Tennessee Trucking Association's Thank You 2023 TDC Sponsors
Step Van 1s t Place Scott L ambert FedEx Ground Step Van 2nd Place J ames Lovel Wa lma rt Tr ansport a tion Step Van 3rd Place Roy Daniel s FedEx Ground Straight Truck 1s t Place Andy Br y ant FedEx Freight Straight Truck 2nd Place John Butler Red Cl a s s i c Straight Truck 3rd Place Ma r k Redmond Old Dominion Freight L ine, Inc . Three-Axel Van 1s t Place Bri an Turner Old Dominion Freight L ine, Inc . Three-Axel Van 2nd Place Na thaniel Meadows FedEx Freight Three-Axel Van 3rd Place Danny Ewel l Wa lma rt Tr ansport a tion Four-Axel Van 1s t Place Ba rr y Bl anton Old Dominion Freight L ine, Inc . Four-Axel Van 2nd Place Hobie Eiri ch FedEx Freight Four-Axel Van 3rd Place St a c y Hol l and Southea s tern Freight L ines Fi ve-Axel Van 1s t Place Tim Bl a ir FedEx Freight Fi ve-Axel Van 2nd Place J amie Br abham Big G Expres s Fi ve-Axel Van 3rd Place John Coleman Red Cl a s s i c Tank 1s t Place Covey Thompson Ma rtin Brower Company Tank 2nd Place Ra y Shelton FedEx Freight Tank 3rd Place Mi chael Webb Old Dominion Freight L ine, Inc . Flatbed 1s t Place J amie Sowder FedEx Freight Corpor a tion Flatbed 2nd Place Josh Arwood Old Dominion Freight L ine, Inc . Flatbed 3rd Place MI ke Bowman FedEx Freight Twin-Trai ler s 1s t Place Mi ke Pa tter son FedEx Freight Twin-Trai ler s 2nd Place Terr y Cert a in FedEx Freight Twin-Trai ler s 3rd Place Steve Ma rlow ABF Freight Sleeper 1s t Place Jeff Ba rton FedEx Freight Sleeper 2nd Place Thoma s Vandi vort Ma rtin Brower Sleeper 3rd Place Kev in McCabe Wa lma rt Tr ansport a tion Fontaine Fifth Wheel N.A. Written Test Clarke Power Services Cash Award McKee Foods Transportation, LLC Lunch Rush Truck Center Station Meritor, Inc. Cash Award Christenson Transportation Lunch Vertical Alliance Group Expo Center Jost International Station Cummins, Inc. 1/2 Station Imperial Supplies, LLC Cash Award Penske Truck Leasing Trophies Thank You 2023 TSC Sponsors Q1 SPRING 2023 TENNESSEE TRUCKING NEWS • 39
Safety Zone BY MARTY POLLOCK TTA DIRECTOR OF SAFETY TTA’s safety director offers details on rules, tips and opportunities Truck drivers earn a living by transporting goods and raw materials with semi-trucks, box trucks, dump trucks, tankers, and flatbeds to numerous facilities. Truckers provide an essential service for industrial companies by moving goods and raw materials to and from retail centers, distribution centers, and manufacturing plants. Truckers have a wide range of responsibilities that must adhere to strict rules administered by the USDOT. For instance, truckers must possess a Commercial Driver’s License (CDL) to operate a commercial motor vehicle (CMV). Drivers must pass a practical and written exam covering the scope of handling large commercial vehicles. In addition, they must understand the mechanical systems required to operate a commercial motor vehicle, including its air brakes, suspension, and cargo. A CDL may also require certain endorsements to transport passengers or certain cargo. Driving a truck down the highway or city street on a typical day can result in passing hundreds or thousands of other vehicles. These vehicles can come in many different shapes and sizes and are driven by people ranging from the student driver at sixteen to an elderly driver in their eighties. Truck drivers need to be alert to the many hidden dangers that are in the other vehicles. These dangers can be in the form of the new driver that is being distracted by a text message they just received, or an elderly driver that is having trouble remembering where they live. Each of these dangers are potentially hazardous situations for drivers and passengers on the roadway. From a trucking standpoint these dangers are faced daily and often on congested interstate highways typically at higher rates of speed. While truckers cannot change what is happening with other drivers, they can do the right thing when it comes to driving their own vehicle. Despite its rewarding potential, truck driving carries numerous challenges that may prove difficult for most over the long term. For instance, truckers face long and boring drives that may take months before they finally return home. In addition, truckers have one of the most demanding and lifethreatening occupations available across industrialized societies. They must drive in unsafe weather conditions under strict time restraints that cause them to push themselves to their limit, regardless of pouring down rain or when snow covers the asphalt. Truckers also must face driving for long hours, which can cause problems when driving at night. Therefore, truckers must exercise caution while traveling the roads. Staying alert plays an important role in the overall safety of truck drivers and others on the road. There are many things that truck drivers can do to stay out of harm’s way when they are driving. Each state sets its speed limits according to population, road engineering, and traffic patterns. Rural states with lower populations and vast freeways have higher speed limits than urban areas with heavy traffic. Although cruise control can help you drive within the speed limit, don’t use it in inclement weather, on busy roads, or when you’re tired. At these times, you must remain in total control of your truck. Follow the laws of the road, don’t drive too fast for conditions, and don’t drive while sleepy are just a few common-sense rules of the road that will help keep you SAFE. TTN Stay in the ZONE! 40 • TENNESSEE TRUCKING NEWS Q1 SPRING 2023
A Closer Look... The latest services, products and noteworthy news from TTN's advertisers MHC OPENS ADDITIONAL FACILITY IN EL PASO To help optimize service and support for customers and employees, MurphyHoffman Company (MHC) has opened a newly constructed facility in El Paso, Texas. This is the largest commercial truck dealership in El Paso, as well as the first temperature-controlled service department in the city. The state-of-the-art, 96,000 square foot dealership is positioned on 25 acres with increased parking for easier maneuverability. It offers customers premium truck service 7 days a week, 24 hours per day, as well as an all-makes body shop with downdraft paint booth, 26 service bays with compressed natural gas (CNG) services and an expanded parts warehouse. “As we grow, we remain dedicated to providing exceptional service to our customers and fostering a supportive environment where our employees can thrive,” said Regional Vice President and General Manager Josh Schwartz. “We take pride in opening an advanced facility that offers employees a comfortable workspace as well as the ability to provide our customers with additional services such as an all-makes body shop. These advancements are an exciting opportunity for us to further elevate our services in the community.” Customers can enjoy an expanded driver’s lounge with leather recliners, a flat screen TV, free Wi-Fi, washers and dryers and dedicated restrooms and showers. Employees are also offered updated break rooms, locker rooms, a large conference room for team meetings and training area. Located one block north of Interstate 10 and Highway 375, the dealership is easily accessible for tractor trailers. The public is invited to an open house from 11 a.m. – 2 p.m., Friday, June 23, to explore the facility and learn more about its offerings. Murphy-Hoffman Company (MHC) is a full-service dealership network of more than 125 locations across 18 states, offering 7/24 truck service in most major markets. MHC consists of 79 heavy and medium duty truck dealers, 31 MHC Truck Leasing locations, 12 Carrier Transicold locations, four TRP locations and a RoadReady Center, as well as a wholly-owned finance company, MHC Financial Services. MHC features Kenworth, Volvo, Ford, Hino and Isuzu, and Carrier Transicold Refrigeration products. To learn more, visit mhc.com. PREPASS Trucking fleet managers walk a financial tightrope. Even small missteps can create big shortfalls, especially if you choose to operate on toll roads. The good news is PrePass can help keep your balance sheet healthy. We all see the rise in tolling rates, fees, and violations, but with PrePass technology, you avoid higher toll-by-plate fees. Even better, the same PrePass device you use to bypass weigh stations also delivers lower toll costs. With PrePass Plus, you not only receive the lower cost benefit, you also receive one invoice for all the toll facilities you use, with toll charges posted online no later than the next day. No more waiting for multiple invoices in the mail. Manage your toll costs in near-real time at a fraction of the administrative cost. PrePass Plus automatically passes on all applicable toll volume discounts to you. It comes with powerful INFORM Tolling software at no extra charge, giving you a heads-up on questionable tolls. PrePass can even help you dispute violations and max tolls to get quick relief from billing errors. Tolls are going up. Stay ahead of the curve with PrePass Plus electronic toll payments. Visit PrePass.com or call 1-800-773-7277 – Opt. 2. LEASING & RENTAL | FINANCE | CARRIER TRUCK SALES | PARTS | SERVICE | BODY SHOP Chattanooga MHC Kenworth (866) 805-6403 Jackson MHC Kenworth (866) 841-7961 Kingsport MHC Kenworth (866)3275750 Memphis MHC Kenworth MHC Ford (866) 292-8558 Murfreesboro MHC Kenworth (844) 488-0091 Nashville MHCKth 120+ LOCATIONS IN 18 STATES TO VIEW OUR FULL LIST OF LOCATIONS & SERVICES, VISIT MHC.COM A Closer Look... Don’t miss out on this great opportunity! For more details, contact Jennifer at [email protected] Take control of your corporate message by participating in the new advertiser-exclusve editorial section in the next edition of Tennessee Trucking News. It's easy: Just place an ad in TTN, then send us 200 words of text plus an image (or your logo) and we'll include your news. Consider this yet another way of our saying, "Thank you!" to our advertisers for making our magazine spectacular! Q1 SPRING 2023 TENNESSEE TRUCKING NEWS • 41
Adams and Reese LLP 31 Alliance Interstate Risk 15 Big Iron Auctions 18 Clarke Power Services 12 DCLI 10 Drivers Legal Plan 25 Great West Casualty Company GWCC INSIDE FRONT COVER INFINIT-I Workforce Solutions 16 Navistar International INSIDE BACK COVER McMahon Truck Group 27 MHC Kenworth 8 Nacarato Truck Group 24 PrePass Safety Alliance 13 Rush Truck Center BACK COVER Southern Tire Mart 3 TAG Truck Center 6 Velocity Truck Group 4 Vertical Alliance Group 16 Tennessee Trucking News ADVERTISING RESOURCE INDEX Calendar of Events New TTA Members This edition of Tennessee Trucking News was made possible with the support of these corporate advertisers, all TTA members. They support the trucking industry by enabling Tennessee Trucking Association 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. Thank you! ALLIED AZPRO Cartwell Law Inman Industrial SBK Insurance Spot Employment Screening TeamOne Logistics Tucker, Albin and Associates Wallwork Financial CARRIER Bullins Trucking Co., LLC CarrierIQ Freight F2F Transport International Paper Music City Logistics Express Quality Carriers Tennessee CDL School, Inc. Turner Holdings LLC dba Prairie Farms Dairy Wiregrass Construction AUGUST 2 Mongoose Method Trainng 4 Greeneville Roadside 9 ETN Sporting Clay Shoot 14 WTN Big Rigs 16 Leading Edge Executive Committee Presentation 16-19 TDC Nationals -Columbus, OH 29 NATMI Innovative Driver Retention Strategies SEPTEMBER 4 Holiday—TTA Office Closed 17 YPC Sandestin Conference Evening Social 17-19 TTA 93rd Annual Convention at Sandestin Beach Hilton, Destin, FL 17-19 Leading Edge Graduation at TTA Convention For more events and details on how to register, please visit www.tntrucking.org 42 • TENNESSEE TRUCKING NEWS Q1 SPRING 2023
WE DIDN’T BRING THE WORLD’S GREATEST MINDS TOGETHER TO MAKE A SMALL CHANGE. We brought them together to change everything. Introducing the revolutionary International®S13 Integrated Powertrain. Brought to you by a global collaboration of industry powerhouses, it’s meticulously engineered to set a new standard for the industry. With a dual-stage aftertreatment system, superior emission control, and an up to 15% boost in fuel economy*, it makes a cleaner impact on the environment and bridges the gap between where we are now and where we’re going in the future. You needed a big change. You got it. *Comparing the fuel economy of the 2017 GHG International®A26 engine in a 2017 International® LT® Series truck with aero package to the fuel economy of the new International® S13 Integrated Powertrain in a 2024 International® LT® Series truck with the LT aero package and chassis enablers. Actual customer results may vary due to various factors, including but not limited to truck specifications, weight of the vehicle, predictive features, environmental conditions, etc. ©2022 Navistar, Inc.All rights reserved. All marks are trademarks of their respective owners. SHIFT WHAT’S POSSIBLE I NTERN A T I O N A L T R U C K S . C O M / S 1 3 CUMBERLAND INT’L. TRUCKS cumberland-companies.com Lebanon TN (615) 994-3115 Nashville TN (615) 256-4633 Murfreesboro TN (615) 427-4600 LANDMARK INT’L. TRUCKS www.landmarktrucks.com Knoxville TN (865) 637-4881 Cookeville TN (931) 738-0480 Morristown TN (423) 586-8558 LEE-SMITH www.lee-smith.com Chattanooga TN (423) 622-4161 VOLUNTEER INTERNATIONAL www.volunteerintl.com Jackson TN (731) 422-3411 TRI-STATE INT’L. TRUCKS www.tristateinternational.net Union City TN (731) 885-9302 Murray KY (270) 753-1372 Bowling Green KY (270) 843-9031 Oak Grove KY (270) 605-5301
Rush Truck Center – Nashville is part of North America’s largest network of heavy- and medium-duty truck dealerships, representing industry-leading brands including Peterbilt. We offer an extensive inventory of parts and accessories and are staffed by ASE-certified service professionals who provide skilled maintenance and repair for all makes and models. When it comes to trucking, no one offers you more. 2019 Rush Enterprises, Inc. 0266-0619 RTC Nashville Truck News Ad Contact us today to see why no one offers you more. 800-489-7403 Rush Truck Center – Nashville 900 Expo Drive l Smyrna, Tennessee 37167 800-489-7403 toll free l 615-220-7777 direct l 615-220-7625 fax NEW AND PRE-OWNED SALES l SERVICE l MOBILE SERVICE l ALL-MAKES PARTS COLLISION CENTER l CAR HAULER l LEASING l FINANCING l INSURANCE 0266-0619 RTC Nashville Truck News Ad.indd 1 6/7/19 10:16 AM