MILEPOST FOURTH QUARTER 2023 Vol. 12, No.4 THE OFFICIAL MAGAZINE OF THE TRUCKING ASSOCIATION OF NEW YORK Preemption & Derivatives Critical Issues TANY’s Driving Simulator The Voice of Trucking The Cost of Doing Business
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FOURTH QUARTER 2023 • VOL. 12 NO. 4 CONTENTS Q4 2023 • MILEPOST | 3 COVER STORY 14 The Cost of Doing Business ATRI’s recently released study on operational costs finds them up by $2 Per Mile By Steve Brawner FEATURES 8 Finding Clarity in the Law A breakdown of preemption and derivatives and what it means to you By Dan Calabrese 10 Trucking Industry Ranks Today’s Most Critical Issues By Steve Brawner 19 2023 Update: Cost of Congestion to the Trucking Industry By American Transportation Research Institute (ATRI) 21 Simulator Takes Driver Training on the Road By Steve Bobarakis 23 TANY’s Annual Management Conference Wrap-up By David Carnevale DEPARTMENTS 5 President’s Message by Kendra Hems 6 Chairman’s Message by Mark Giuffré 6 TANY’s Board of Directors 7 View from NYC by Zach Miller 25 Calendar of Events 26 Welcome, New Members 26 Advertising Resource Index MILEPOST
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Q4 2023 • MILEPOST | 5 PRESIDENT'S MESSAGE MILEPOST THE OFFICIAL MAGAZINE OF THE TRUCKING ASSOCIATION OF NEW YORK Milepost is owned by the Trucking Association of New York and is published by Matthews Publishing Group. To request additional copies, order reprints of individual articles or to become a subscriber to Milepost, please contact TANY at (518) 458-9696. To inquire about advertising, please contact the publisher at (501) 690-9393. Publisher Jennifer Matthews-Drake [email protected] Executive Editor Kendra Hems Production & Managing Editor David Carnevale Creative Director Fran Sherman Graphic Designer Cristian Iancu Photographers Mark Davis Al Ferreira Contributing Writers Steve Brawner Dan Calabrese David Lee Cullen Eric J. Francis Renee Miller David Monteith Jack Roberts John D. Schulz TRUCKING ASSOCIATION OF NY STAFF President Kendra Hems [email protected] Vice President Kate Kennett [email protected] Director of Metro Region Operations Zach Miller [email protected] Communications David Carnevale & Marketing Manager [email protected] Membership Relations Manager Dennis Carroll [email protected] Office Manager Rebecca Ackner [email protected] Program & Events Manager Alexis Vetro [email protected] Workforce Development Rusty Stetzel Coordinator [email protected] Administrative Assistant Mary Harwood [email protected] Shay Legacy Foundation Manager Steve Bobarakis [email protected] TANY Services Bureau Manager Chris Rhodes [email protected] For more information, contact TANY at: Trucking Association of New York 3 Corporate Drive, Suite 101 Clifton Park, NY 12065 Phone: (518) 458-9696 FAX: (518) 458-2525 www.nytrucks.org Trucking Association of New York is an affiliate of the American Trucking Associations. TANY is a New York corporation of trucking companies, private carrier fleets and businesses that serve or supply the trucking industry. TANY services 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 and serves as a forum for industry meetings and membership relations. Dear Member – It’s that time of year when we take time to reflect on all we have to be thankful for during the holiday season. For me, friends and family are of course at the top of the list, which includes the trucking industry. Some may not know that I ended up in trucking due to my stepfather, whose family owned a small trucking company – Lake Shore Transportation Lines – in Oswego, NY. Unfortunately, the company has long been out of business, but the values and lessons I learned there will last my lifetime. The most important thing I learned while at Lake Shore? That the trucking industry is truly an extended family. I worked at Lake Shore for a couple of years after graduating college before moving to Albany to take a job with AMI Leasing and Fleet Management Services (acquired by Penske Truck Leasing) as an Operations Manager. I was with AMI until I was hired as the Director of Safety & Maintenance Programs for TANY in 1999. This coming year will mark 25 years that I’ve been employed by TANY, 15 years as the President, and I honestly cannot imagine doing anything else. Throughout my career, there has been one constant – the feeling that I am part of a huge family. Even competitors in this industry become like family. They have built relationships over multiple generations that will likely last through future generations. I see it so often at conferences I attend, both with TANY as well as at the national level. This industry works together and supports each other. We mourn our losses together and celebrate our victories together. There aren’t too many other industries I’m aware of that can say the same. Trucking is the lifeblood of our state and nation. I am so proud and thankful to represent an industry that is so essential to everything that we do. Knowing that I can help make a difference in an industry that supported our family and helped to raise myself and my siblings, and now helps to support my own family, is what drives me every day. I look forward to continuing build TANY’s extended family in 2024 and hope to see you at one of our many upcoming events! I wish everyone a safe and blessed holiday season! With gratitude, Kendra WE’RE FAMILY
6 | MILEPOST • Q4 2023 BOARD OF DIRECTORS OFFICERS Chair Mark Giuffré UPS Vice Chair Joe Fitzpatrick Lightning Express Delivery Service, Inc. Secretary Terry Borwegan Borwegan Trucking, Inc. Treasurer Joe Peplinski Haylor, Freyer & Coon, Inc.. Immediate Past Chair Barry Panicola Sprague Operating Resources LLC REGIONAL VICE CHAIRS Western Region Joe Berti Speed Global Services Genesee Region Robert Peckham Tenstreet, Inc. Central Region Stephen Erwin Clinton’s Ditch Co-Op, Inc. Eastern Region Andy Laing DeCrescente Distributing Co., Inc. Metro Region Steven Levy Sprague Operating Resources LLC REGIONAL SECRETARIES Genesee Region Mike Loss Wegman’s Food Markets Eastern Region Eric Ryan TD Bank COUNCIL CHAIRS Maintenance Chair Swede Oun O & K Truck Repairs, Ltd. Safety Chair Joe Peplinski Haylor, Freyer & Coon, Inc. Safety Group Chair John Simon Grand Island Sales and Service, Inc. AT-LARGE MEMBERS Helen Brooks FedEx Corporation Cate Eagan Cason Transport, LLC JoAnn Hayes George Hildebrandt, Inc. Chris Mix Mr. Bult’s, Inc. Colleen Rejman Venice Enterprise, Inc. John Stewart HazMat Environmental Group, Inc. Chris Stone Sonwil Transportation ATA STATE VICE PRESIDENT Gabrielle Simmons Wadhams Enterprises, Inc. TRUCKING ASSOCIATION OF NY CHAIRMAN'S MESSAGE The more you put into something, the more you get out of it. That’s definitely true with TANY. Members who merely pay their dues but don’t participate by supporting TANY’s advocacy efforts, don’t get much more for their money. That’s a questionable business decision considering nonmembers also benefit from the advocacy without paying a dime. Involved members get so much more. They get regular access to valuable training at events like the TANY Annual Management Conference. Such events help them respond to an ever-changing trucking environment rather than simply react to whatever happens next. They develop relationships – even close friendships – with fellow trucking company leaders, including their direct competitors. Swapping shop talk may be the most important thing that happens at TANY meetings. They also meet with vendors and learn about products and services that can help them manage their businesses better. TANY is providing more and more services to its members. Our new driving simulator will take the trucking industry out on the road to schools. This will be a valuable recruiting and training tool for the industry, but it also will be available to member fleets to use for their own workforce needs. TANY is also preparing to offer a Services Bureau to help fleets with registration and additional bureaucratic challenges. Don’t just take my word for it. The advantages of being involved in associations like TANY have been documented by the American Transportation Research Institute. Using crash and violation data from the Motor Carrier Management Information System, ATRI demonstrated that motor carriers who are active members in state and national associations have fewer crashes and violations than former members. Furthermore, former members have fewer crashes and violations than carriers who have never been members. There may be a little bit of a chicken-and-egg situation here. Safer fleets probably are more likely to be involved in associations. Associations, meanwhile, make fleets safer. Regardless, wouldn’t your fleet benefit if you associated with those kinds of companies? ATRI’s value to the trucking industry would be hard to overstate. In recent months, it has released studies about congestion, challenges faced by women in the industry, operations costs, and the impacts of marijuana legalization. Surveys of trucking companies form a core part of its research. The more TANY’s members participate, the more that research will accurately reflect the concerns of New York truckers. So please answer the surveys. I’ll end this column the way I started it: The more you put into something, the more you get out of it. If you’re an involved member, you can learn valuable information, develop relationships, and have a safer fleet with fewer crashes and violations. You can have access to valuable services like the simulator and the Services Bureau. And you can participate in research that helps shape the industry. Or you can run your trucking company alone without help from anyone and try to be an expert in everything. Seems like a no-brainer to me. Mark Giuffré Involved Members Get So Much More
Q4 2023 • MILEPOST | 7 View from New York City By Zach Miller, TANY Director of Metro Region Operations New York Metro Update The purpose of this space is to shine a light on a particular issue that we are working on down in New York City. Usually, these updates are not chock full of good news. In the spirit of the holiday season, I would like to close out 2023 with only good news. First and foremost, we got an overnight truck parking bill passed!!! As we know, the overnight truck parking shortage is a national crisis with one spot available for every 11 trucks on the road. This is particularly acute in dense urban areas such as NYC. With more and more trucks parked overnight in residential areas, there was an outcry by citizens to do something about it, which led to an enforcement blitz. Fortunately, through engagement with civic organizations as well as the City Council we were able to explain why in many cases trucks are forced to park where they are. This led to Intro-906 which will mandate no less than three off-street truck parking facilities in NYC-owned properties by 2026. Keep in mind that there are currently only three truck parking facilities in NYC, so this bill alone will triple the stock. Once the bill was introduced, TANY went on the offensive, writing memos in support of the legislation, securing co-sponsors, and testifying as to the benefits this bill will have long term as the City looks to build out EV charging and micro hub distribution centers. We even did media spots promoting the legislation and highlighted the bill at various conferences and events. In the end, the New York City Council passed an overnight truck parking bill by a vote of 46-1. That is not the only good news as it relates to truck parking. The mayor created an inter-agency Truck Parking Task Force to come up with a host of solutions to the parking challenge. We worked with the Office of the Mayor on crafting and distributing a survey for truck drivers. Now the Administration is looking at adding public-private partnerships to create a real truck parking network, as well as longterm zoning changes to increase capacity. They would also like to change regulations to allow for overnight parking in Industrial Business Zones. TANY is at the forefront of this initiative as we are working with a Council Member in Southeast Queens on legislation to do just that! In addition, in November, the Port Authority of New York & New Jersey announced the on-airport truck parking lot at JFK will be expanded to accommodate up to 150 Trucks, tripling capacity and adding concessions, restrooms and truck wash facilities. Speaking of parking, for years we have dealt with the Clear Lanes/ Clear Curbs situation in Midtown. This was then Mayor de Blasio’s answer to Congestion Pricing. Truck parking was banned at certain times during the day in commercial corridors in NYC. We quickly got the program reversed in Brooklyn and Queens and have been applying pressure to reverse the program in Manhattan. I’m pleased to report that the Department of Transportation (DOT) has confirmed to us that they have begun to phase out the program. Seventy-nine spots have been returned to metered commercial parking in Midtown with another 15 on the way. Some spots will be designated For-Hire Vehicle pickup and drop-off and some will remain closed to parking to accommodate traffic flow from the Midtown Tunnel and 59th Street Bridge, but for all intents and purposes, Clear Lanes/Clear Curbs is no more. Another major piece of legislation we were able to move through the council was INT-708 which will modernize NYC’s Truck Route Network. This was a key pillar of the Smart Truck Management Plan we consulted with DOT to create, and worked with the Council to ensure it is codified into law. Lastly, I want to give an update on another of our successful initiatives, the unaltered commercial vehicle markings rule. During the pandemic TANY worked with the City Council to include aligning the unaltered commercial vehicle markings with the federal requirements and section 10-127 of the New York City Administrative Code as part of a package of bills offering relief to small businesses. NYC DOT finally got around to publishing the rule change. We offered comments in support during the rule making proceedings which occurred without public objection. There are several initiatives that we’re diligently working on, and I hope to provide more good news throughout 2024. Please let me know if you would like to join the Metro Region Government Affairs Committee as none of this is possible without the engagement and support of our members. Happy Holidays! MP
8 | MILEPOST • Q4 2023 Clarity in the law is important for any industry, but especially in trucking since drivers and trucking companies alike want to know the potential extent of their legal liability in the event of an accident. Unfortunately for the trucking industry, a critical component of the law is unclear throughout much of the country – including New York – even as various other states come to different conclusions. The issue at hand is the matter of pre-emption in liability lawsuits that stem from accidents. Specifically, it’s about the following question: If a trucking company accepts liability in the event that one of its drivers is at fault in an accident, does that pre-empt the plaintiff in the case from suing the trucking company for anything beyond the accident liability itself? Such cases arise when a plaintiff, rather than be satisfied with the settlement arising from the accident, seeks 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 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 or trained. It opens the trucking company up to extensive discovery processes and potentially much larger judgments. The trucking industry clearly asserts that the answer should be yes – if a trucking company accepts liability and agrees to pay for damages, then a plaintiff should be pre-empted from seeking damages for anything further related to that incident. Depending on the state one is in, the pre-emption rule might go by different names. These include the stipulation rule, the admission rule or the McHaffie rule, which is used in Missouri because the rule was established there as the result of a 1995 case known as McHaffie v. Bunch. Federal law offers no clear guidance on whether plaintiffs are, in fact, pre-empted from seeking further damages in such cases – although the federal courts have tended to rule on the side of pre-emption. On a state-by-state basis, both courts and legislatures are coming to different conclusions. 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. In 2022, both the Louisiana and Illinois Supreme Courts rejected the rule that preempts direct negligence claims when an employer admits vicarious liability. The Tennessee Supreme Court is now considering a case that should decide the matter in Tennessee, although it derives from an accident at a Trader Joe’s and not from a trucking incident. The ruling is likely to have the same legal force, however, for trucking. The American Trucking Associations (ATA) is advocating for the law to become clear and consistent on this point, and to favor pre-emption. Pamela Bracher, deputy general counsel for the ATA, said she considers New York to be one of the states that favors pre-emption in such cases. But that is mainly Finding Clarity in the Law By Dan Calabrese Contributing Writer Preemption & Derivatives
Q4 2023 • MILEPOST | 9 based on interpretation of previous case law. The highest appellate court in New York has never had a specific case in which the matter was settled, nor has New York’s State Assembly passed a law – or the New York Court of Appeals issued a ruling – settling the matter once and for all. And that could leave trucking companies vulnerable to lawsuit abuse depending on the ruling of a given judge and/or jury. “Case law doesn’t always bring clarity and closure,” Bracher said. Bracher cited a 2012 federal case from the Southern District of New York that seems to indicate New York does not allow independent negligence claims against a motor carrier if the motor carrier admits it is vicariously liable for the fault assigned to the driver, although it allows for possible exceptions when punitive damages are sought. The case in question was brought against J.B. Hunt by the estate of an automobile driver who was killed in an accident. The ruling from the United States District Court read in part: Under New York law, claims for negligent hiring, supervision or retention are generally not permitted when the agency relationship necessary for respondeat superior is established. In Karoon v. New York City Transit Authority, 241 A.D.2d 323, 659 N.Y.S.2d 27 (1st Dep’t 1997), the Supreme Court, Appellate Division (First Department) held that: Generally, where an employee is acting within the scope of his or her employment, thereby rendering the employer liable for any damages caused by the employee’s negligence under a theory of respondeat superior, no claim may proceed against the employer for negligent hiring or retention. This is because if the employee was not negligent, there is no basis for imposing liability on the employer, and if the employee was negligent, the employer must pay for the judgment regardless of the reasonableness of the hiring or retention or the adequacy of the training. While this represents encouraging case law for the trucking industry, it’s important to remember three things: 1. The ruling came from a federal court, which means it’s the federal judge’s interpretation of New York state law, rather than a ruling from an actual state court affirming what the law says or doesn’t say. 2. It doesn’t reflect an actual state statute that expressly forbids independent negligence claims, since no such language can be found in any New York state statute. 3. Any New York state court, including the state Court of Appeals, New York’s highest court and court of last resort, could rule differently barring a statute that expressly deals with the issue. ATA is asking states to make clear in their statutory laws: When a trucking company admits it is responsible for the negligence of one of its drivers, and agrees to pay damages, any further claims of direct negligence on the part of the trucking company are not allowed. ATA expanded on this idea in a position paper issued in June 2023. “In most highway accident lawsuits, the motor carrier admits that the driver was acting in the scope of an employment relationship or in the scope of an independent contractor relationship,” the position paper said. “By making this admission, motors carriers (sic) subject themselves to vicarious liability for the driver’s negligence. When a motor carrier admits vicarious liability for the acts of its drivers, it accepts 100 percent responsibility for the driver’s negligence. The admission of vicarious liability guarantees the plaintiff will receive 100 percent recovery from the motor carrier to the extent the plaintiff proves the driver’s underlying negligence while operating a truck involved in a collision with the plaintiff.” But the pursuit of independent negligence claims against trucking companies has become a popular tactic by plaintiffs’ attorneys in recent years. “This is no longer about making (plaintiffs) whole,” Bracher said. “This is a windfall.” According to a chart compiled by ATA, states with case law that clearly support pre-emption – thus protecting trucking companies from independent negligence claims – include Arkansas, California, Washington D.C., Florida, Idaho, Indiana, Iowa, Maryland, Mississippi, Missouri, North Carolina, Oklahoma, Pennsylvania, Texas and Washington. States with case law indicating they do not recognize pre-emption include Alabama, Alaska, Arizona, Colorado, Connecticut, Delaware, Georgia, Illinois, Kansas, Kentucky, Louisiana, Maine, Massachusetts, Michigan, Minnesota, New Hampshire, North Dakota, Ohio, Oregon, Rhode Island, South Carolina, South Dakota, Utah and Vermont. Like New York, those with no clear case law one way or the other include Hawaii, Montana, Nebraska, Nevada, New Jersey, New Mexico, Tennessee, Virginia, West Virginia and Wisconsin. MP DEPENDING ON THE STATE ONE IS IN, THE PRE-EMPTION RULE MIGHT GO BY DIFFERENT NAMES. THESE INCLUDE THE STIPULATION RULE, THE ADMISSION RULE OR THE MCHAFFIE RULE, WHICH IS USED IN MISSOURI BECAUSE THE RULE WAS ESTABLISHED THERE AS THE RESULT OF A 1995 CASE KNOWN AS MCHAFFIE V. BUNCH.
10 | MILEPOST • Q4 2023 Fuel prices were the top industry concern in the latest American Transportation Research Institute’s “Critical Issues in the Trucking Industry – 2022” survey of drivers, motor carrier personnel and other industry stakeholders. The issue replaced the driver shortage, which fell to number two after five years as the top concern. The results of the 18th annual survey were released Oct. 22 at the American Trucking Associations’ Management Conference & Exhibition in San Diego. The survey was open for responses from Sept. 6 through Oct. 7, 2022. Respondents were asked to choose between 28 critical issues. Those ranked as most important were valued at three points, while those ranked second were assigned two points and those ranked third received one point. Respondents also ranked three preferred strategies for each issue that also were selected by ATRI. They could write in their own preferred strategy. The top issue, fuel prices, was ranked in the top three by 27.5% of respondents and was ranked number one by 11.7%. More than 4,200 people responded to this year’s survey, the most ever. Last year, more than 2,500 responded. Professional truck drivers represented 47.2% of the respondents, while motor carrier executives and personnel were 38.8% and other industry stakeholders were 14%. Those included industry suppliers, driver trainers and law enforcement. By Steve Brawner Contributing Writer ATRI Survey: Fuel Prices Trucking’s Most Critical Issue Critical Issues
Q4 2023 • MILEPOST | 11 This year’s survey saw a significant increase in commercial drivers, who in 2021 represented only 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 have been especially hard hit by high diesel prices. ATRI President and Chief Operating Officer Rebecca 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.” Brewster said the increased number of drivers may have been the result of several factors, including the fact that drivers may see the survey as a tool for amplifying issues such as truck parking. She said ATRI has a strong relationship with OOIDA, the Owner-Operator Independent Drivers Association, which serves on its Research Advisory Committee. Four issues appeared in the top 10 among both motor carrier personnel and commercial drivers. Fuel prices were second among drivers and third among motor carriers, while the economy was fifth among motor carriers and sixth among drivers. Truck parking was ranked by drivers as their top concern, and its growing importance to the industry was reflected in its number 10 ranking by motor carriers. The other shared concern was detention/ delay at customer facilities, which was fourth among drivers and ninth among motor carriers. Brewster noted that workforce issues continue to be top of mind for motor carrier personnel, 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 personnel while the diesel technician shortage was seventh. Neither of those three issues appeared in the drivers’ top 10. Fuel prices, which had not been in the top 10 since 2013 when it was number eight, jumped to the top of the list as fleets and owneroperators dealt with record-high fuel costs. 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. Motor carrier executives and personnel ranked it third. “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,” Brewster said. “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. Results among motor carrier personnel: 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 Top Ten Issues 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 Results among commercial drivers: 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
12 | MILEPOST • Q4 2023 A majority of respondents, 54.7%, said their preferred strategy for addressing the problem is for the trucking industry to “Advocate for federal actions that help stabilize the supply of fuel and minimize price volatility.” Second at 23.2% was “Research potential factors that may be affecting fuel availability and pricing volatility.” The least preferred strategy at 6.8% was “Promote financial incentives for alternative and renewable fuels to support growth and reduce costs during development and market expansion.” ATRI’s 2022 Operational Costs of Trucking report found only 7% of respondents used some form of alternative fuel. While the driver shortage was no longer the top-ranking critical issue, it remained number two and 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 currently is short 78,000 drivers, an amount that could reach 160,000 by 2031. The most preferred strategy at 39.1% was “Support outreach initiatives targeting high school students and young adults.” The report notes that a third of truck drivers are over age 55. The second most preferred strategy at 24.6% was related to the first: “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-year-olds to engage in interstate freight commerce, but ATRI has found that 50% of small fleets and 30% of large ones said insurance costs are a significant barrier. The thirdranking preferred strategy was, “Advocate for regulatory changes to allow a state to administer a driving skills test to any out-ofstate commercial driver’s license (CDL) applicant, regardless of where the applicant received driver training.” That strategy was selected by 23.3%. Truck parking, which has been a top five issue since 2015 and was fifth in 2021, was the third ranking issue. It was the top concern among truck drivers. Both company drivers and owner-operators/independent contractors ranked it second, with company drivers ranking driver compensation first while owneroperators/independent contractors chose fuel prices. Motor carrier personnel ranked it 10th. The most preferred strategy, selected by 38.1%, was “Encourage local and regional governments to reduce the regulatory burdens limiting the construction and expansion of truck parking facilities. Second, selected by more than 35%, was “Create a new dedicated federal funding program designed to increase truck parking capacity at freight-critical locations.” The third-ranking strategy was “Research the relationship between truck parking availability and highway safety.” It was selected by 10.8%. Brewster noted that truck parking reached number 10 among motor carrier personnel after long being ranked high by drivers. “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.” Driver compensation was the fourth-ranking critical issue. The issue entered the top five in 2019 and hasn’t left. It was ranked third by commercial drivers but was not in the top 10 among motor carriers. Company drivers ranked it first while owner-operators/independent contractors ranked it third. Ranking fifth was the economy, which made its first appearance in the 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. • Long Island’s Largest Full Service Rental and Leasing Commercial Truck Fleet • ESOP - Employee Owned and Operated Company • Commercial Vehicle Specification Specialists • Driver Safety Programs • CSA and Regulatory Guidance • Fuel Tax and Permitting Service • Fueling and DEF at HUB Locations • 24/7 “LIVE” HUB Employee Staffed • National Network of Affiliated Reciprocal Service Providers • Local Ownership Nationwide Protection • Used Truck Sales Specialists • Global Positioning Technology SERVICE LOCATIONS LONG ISLAND Farmingdale – 631-391-1044 81 Allen Blvd 99 Allen Blvd 94 Gazza Blvd – Corporate Office Holbrook – 631-391-1030 444 Central Avenue Garden City Park – 631-391-1040 2121 Jericho Turnpike Calverton – 631-391-1030 4195 Middle Country Road Long Island City – 718-729-1653 BRONX Bronx Market – 718-328-2980 1160 Worthen Avenue Bronx NY NEW JERSEY Newark – 908-862-0414 126 Frelinghuysen Avenue www.hubtruck.com STRAIGHT TRUCKS • TRACTORS • REFRIGERATED TRUCKS • FLATBEDS SOLUTIONS Critical Issues
Q4 2023 • MILEPOST | 13 HazMat Environmental Group, 60 Commerce Drive, Buffalo, NY 14218 716-748-8267 | www.hazmatinc.com/equipment-service-maintenance • Fully Licensed Repair and Inspection Shop - Repair vessels, Test and Certify - VIKs, Pressure and Thickness Tests - Welding and Fabrication - National Board R Certification • Build Frames & Replace Suspensions • NYSIs • All Types of Mechanical Repairs • Over 30 Years of Excellence TANKER MAINTENANCE Buffalo, NY ENVIRONMENTAL GROUP, INC. BUFFALO, NY 888.863.2101 www.CDLAssociates.org Personal, Commercial, Life, Health, Employee Benefits and Commercial Trucking in 43 States LET US HANDLE ALL YOUR INSURANCE NEEDS AND SAVE YOU $$$ Call us The sixth ranking issue was detention/delay at customer facilities, which entered the top 10 in 2019 and has remained there since. Number seven, driver retention, fell five places from its number two ranking in 2021. However, motor carriers ranked it second behind driver shortage, as they did last year. Number eight 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 not left the top 10 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 comes after the FMCSA earlier this year issued a notice of intent to move forward on a speed limiter rulemaking in 2023. Number 10, lawsuit abuse reform, was in the top 10 for the third year in a row, dropping from fourth in 2021. Motor carrier respondents ranked it sixth after ranking it third in 2021. They ranked seventh a closely related issue, insurance cost/availability. That issue fell just outside of the overall top 10 at number 11 after ranking ninth last year. Also falling out of the top 10 were the diesel technician shortage, which last year was 10th, and transportation infrastructure/congestion/ funding, which ranked eighth last year. It was number 10 on the driver list but didn’t make the motor carrier list. “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.” MP
Cover Story The Cost of Doing Business By Steve Brawner Contributing Writer 14 | MILEPOST • Q4 2023 Truck operating costs blow past $2 a mile, according to recent analysis of the issue
Q4 2023 • MILEPOST | 15 The cost of operating a truck increased by 21.3% to $2.251 per mile in 2022, the first time that amount was more than $2 since the American Transportation Research Institute (ATRI) started tracking the data. The costs were detailed in the ATRI report, “Operational Costs of Trucking,” released in October. ATRI first published the report in 2008. The rising costs were driven by factors that will not surprise any trucking executive. Fuel costs increased 53.7%, from 41.7 cents per mile in 2021 to 64.1 cents in 2022. Driver wages increased 15.5%, from 62.7 cents per mile to 72.4 cents. Driver benefits, meanwhile, rose only 0.5%, from 18.2 cents to 18.3 cents. Truck/trailer lease or purchase payments increased 18.6%, from 27.9 cents per mile to 33.1 cents. Among other cost centers, repair and maintenance costs rose 12%, from 17.5 cents to 19.6 cents, while tires increased 9.8%, from 4.1 cents to 4.5 cents. Insurance premiums rose 2.3%, from 8.6 cents to 8.8 cents. It was the second year in a row that truck insurance rates had remained stable. However, insurance rates began increasing in the second half of the year, according to the Council of Insurance Agents & Brokers. “We have been hearing from the insurance industry that their prices were moderating,” said Dan Murray, ATRI’s senior vice president and one of the report’s authors. “I guess in theory that’s true, but they’re moderating at an extremely high level.” Two cost centers showed decreases. The cost of permits and licenses fell 6.3%, from 1.6 cents to 1.5 cents, while tolls dropped 12.5%, from 3.2 cents to 2.8 cents. Those two cost centers represent only about 2% of all costs. The 2021 costs likewise had represented a significant increase from the year before, when the cost to operate a truck equaled $1.646 per mile. Moreover, costs have increased significantly since 2015, when fleets were paying $1.575. The biggest drivers since then have been fuel costs, which have increased 24 cents, and driver wages, which have risen 22.5 cents. Driver wages increased by the highest percentage since ATRI began conducting the study, while the increase in truck/trailer lease or purchase payments was the highest increase since 2014. That category along with driver wages, repair and maintenance, insurance premiums, and tires all had record high costs. The report noted that many carriers believed they needed to replace aging equipment after the disruptions caused by the covid pandemic. Those that acquired trucks in the first half of the year paid a premium, although availability improved in the second half. Average truck age fell from 5.7 years in 2021 to 4.7 years in 2022 after two years of rising ages. Using another metric, costs per hour rose 21.6% to reach $90.78, which was also the highest in the study’s history. Fuel costs rose from $16.78 per hour in 2021 to $25.84 in 2022. Driver wages rose from $25.24 to $29.20, while driver benefits increased from $7.31 to $7.37. Truck/ trailer lease or purchase payments rose from $11.21 to $13.37. Among the other cost centers, repair and maintenance costs increased from $7.04 to $7.89, truck insurance premiums increased from $3.46 to $3.57, and tires increased from $1.67 to $1.81. Permits and licenses fell from 64 cents to 60 cents, while tolls dropped from $1.30 to $1.14. Driver wages represented 32% of all carrier costs while driver benefits represented 8%. While both increased in amount, they decreased as a percentage of total costs from the previous year when wages were 34% and benefits were 10%. The decreases occurred because fuel increased as a percentage of costs from 22% in 2021 to 28% in 2022. The other categories were the same or within one percentage point of the year before: truck/trailer lease or purchase payments, 15%; repair and maintenance, 9%; truck insurance
16 | MILEPOST • Q4 2023 premiums, 4%; tires, 2%; permits and licenses, 1%; and tolls, 1%. The report said that owner-operators were 24% of all drivers in the data. Sixty percent of respondents used at least one owner-operator, ranging from occasionally to exclusively. Pay for owner-operators increased to $2.08 per mile, up from $1.81 in 2021 and $1.36 as late as 2019. This year ATRI collected data from carriers of all sizes in March through May. It also spoke with industry experts and used other sources to corroborate the data. The data encompassed 169,770 tractors, 498,068 trailers, and more than 13.6 billion vehicle miles traveled, or 7% of all combination truck miles traveled during 2022. Murray said ATRI has a strong retention rate among fleets that answer the survey every year. It’s not so burdensome that they can’t do it. Moreover, any respondent is sent a customized report comparing their costs to an anonymized list of peer fleets. That’s very useful because, one, they know to focus on the cost centers where they are above average, and two, they can use the information when negotiating new shipper contracts. Divided by fleet size, 17.4% of respondents operated more than 1,000 trucks while 22.5% operated 251-1,000 trucks. Another 10.9% operated 101-250 trucks, while 26.1% operated 26-100 trucks and 23.2% operated fewer than 26 trucks. The report found that larger carriers with more than 100 trucks saw an increase in average cost per mile from $1.831 in 2021 to $2.223 in 2022. Smaller carriers with 100 or fewer trucks saw an increase from $1.880 to $2.300, meaning they paid 7.7 cents more per mile than large fleets did in 2022. Larger carriers operate more cheaply overall because they can use their bargaining power and economies of scale to spend less on fuel and equipment. Smaller carriers on the other hand, pay less in driver wages and benefits while offering more flexible driving arrangements and personal working relationships. Larger carriers with more than 100 trucks paid 61.2 cents per mile for fuel while smaller carriers paid 72.3 cents. Larger carriers paid more for wages at 73.4 cents versus 69.3 cents, and they paid significantly more for benefits at 19.3 cents compared to 11.7 cents. Smaller carriers actually reduced their spending on benefits after paying 13.5 cents the year before. Larger carriers paid less for tires (45 cents versus 51 cents), and they paid significantly less for insurance at 7.2 cents versus 13.6 cents. Small carriers, in fact, spent 33.3% more on insurance in 2022 than they did the year before. While truck/trailer lease or purchase payments were relatively similar (33.6 cents for carriers with more than 100 units versus 33 cents for smaller ones), there was a larger disparity in repair and maintenance costs (18.6 cents for larger carriers versus 21.2 cents for smaller ones). The report We are dedicated to meeting all your trailer, truck body & liftgate needs! North Jersey Trailer & Truck Service has been a trailer dealer and repair facility for over 31 years. We are a full service dealer with two fully equipped shops and a mobile service fleet, serving the entire New Jersey and New York metropolitan area, including Long Island. Our sales force has over 100 years of combined experience and will work with you to develop custom specifications on dry vans, reefers, flat beds and truck bodies. 24 Cannon Hill Drive, New Hampton, NY • 975 Belmont Avenue, North Haledon, NJ www.njtts.com • 800-689-1109 As a full service dealer we offer: New & Used Trailer Sales, Service & Parts • Mobile Service • Liftgate Sales, Installation & Service Transport Refrigeration Service • Two Full Service Shops NOW A STOUGHTON CONTAINER CHASSIS DEALER Cover Story
Q4 2023 • MILEPOST | 17 www.haylor.com Is my insurance advisor an expert in my industry? Call us anytime: Scott Wichmann at 315-383-6626 Joe Peplinski at 315-373-9996 Viewing insurance as off the shelf commodity is a costly mistake! noted that while many larger fleets made large acquisitions to replace their aging trucks in 2022, many smaller ones continued to drive older equipment and had no payments. The differences in some cost centers were more pronounced when the largest fleets were compared to the smallest ones. Truckload fleets with more than 1,000 trucks paid 19.5% less per mile on fuel, 58.5 cents, than those with fewer than 26 trucks, at 69.9 cents. Among specialized fleets, the largest fleets paid 24.9% less than the smallest ones. The largest ones were paying 69.4 cents while the smallest ones were paying 86.7 cents. Those with 251-1,000 trucks were paying the lowest in that sector at 65.5 cents. In the truckload sector, those with more than 1,000 trucks paid 5.1 cents per mile for liability insurance, far less than the other sizes. Those with fewer than 26 trucks paid three times as much at 15.5 cents per mile. However, the numbers were closer when out-of-pocket incident costs were combined with insurance premiums. In that case, the largest fleets were paying 10.6 cents per mile, while the smallest were paying 17.9 cents. Broken down by sector, truckload carriers had the lowest cost per mile at $2.15, while less-than-truckload fleets were spending $2.34 and specialized carriers (flatbed, tanker, refrigerated, intermodal) were spending $2.44. But truckload carriers had the highest rate of cost increase in 2022 at 23.6%, while LTL carriers had an increase of 17.6%. Specialized carriers experienced an increase of 21.4%. The report noted that the economy was weaker in 2022 than it was in 2021, with lower trucking rates, rising fuel prices and driver wages, and high truck purchase prices. Amidst all of that, the report did find some silver linings. Fleets improved their operational efficiencies in areas such as driver turnover and equipment utilization. While operating margins generally fell, all fleet sizes and sectors had an average operating margin of at least 6%. Operating margins varied by sector. Less-than-truckload fleets had the biggest margins in 2022 at 12%, an improvement over the 10% they experienced the year before. Tanker carriers also reduced their costs and saw operating margins increase from 7% in 2021 to 11% in 2022. Operating margins fell in other sectors: from 11% to 6% in the refrigerated van sector; from 10% to 8% in the truckload sector; and from 10% to 7% in the flatbed/oversize sector. Broken down by size, small fleets of less than 26 trucks saw the largest decreases in operating margins, from 13.5% to 9.3% as spot market prices fell. Operating margins for fleets of 26-100 trucks fell slightly from 8.3% to 8.2%, while margins for fleets of 101-250 trucks remained at 6.5%. Fleets with 251-1,000 trucks saw their margins improve from 7.4% to 9.1%, while fleets with more than 1,000 trucks improved their margins from 11% to 13.1%.
18 | MILEPOST • Q4 2023 Our Products: • Workers' Compensation • Commercial Insurance • Personal Insurance • Life, Health & Estate Planning We don’t work for an insurance company, we work for you. We have access to a wide range of insurance products from all major insurance carriers, both domestic and international. This enables us to match the right insurance product to your specific needs. Our approach and success is based on an experienced, client-oriented team with high caliber credentials and a partnership philosophy. We partner with you and your trusted advisers, including legal and financial, to coordinate a fully integrated solution that can be tailored to your unique situation. Christopher McEvily, Michael McEvily 500 Mamaroneck Avenue | Harrison, NY 10528 | (800) 523-5516 | www.keevily.com Established in 1928 Our Products: • Workers' Compensation • Commercial Insurance • Personal Insurance • Life, Health & Estate Planning We don’t work for an insurance company, we work for you. We have access to a wide range of insurance products from all major insurance carriers, both domestic and international. This enables us to match the right insurance product to your specific needs. Our approach and success is based on an experienced, client-oriented team with high caliber credentials and a partnership philosophy. We partner with you and your trusted advisers, including legal and financial, to coordinate a fully integrated solution that can be tailored to your unique situation. Christopher McEvily, Michael McEvily 500 Mamaroneck Avenue | Harrison, NY 10528 | (800) 523-5516 | www.keevily.com Established in 1928 The Keevily Advantage Murray expressed concern for smaller fleets. New Department of Transportation registrations of small fleets and owner-operators have increased significantly over the last few years, so those operators are filling niches. But with the spot market collapsing this year, they may be struggling, considering they are paying retail fuel prices. Many may be driving older equipment, meaning they will pay higher repair and maintenance costs and will have to replace their equipment eventually. Overall, the report’s findings combined with current economic numbers carry some worrying signs for an industry that is already in a truck recession. “If you sort of project forward into ’23, it’s sort of a perfect storm of a softening economy at the same time as inflation and prices are increasing, so it’s sort of a double whammy in terms of rising costs but a soft economy,” he said. “It’s not surprising that the data shows that there are thousands of trucking industry bankruptcies over the last 14 months, and you can see the stories buried in all these line items.” The Southeast region, which had been the cheapest region in which to operate, became the most expensive at $2.303 per mile. The West was cheapest at $2.157. Among the other regions, the Southwest was $2.238, the Northeast was $2.207, and the Midwest was $2.195. The report said the Southeast had the highest costs for driver wages and benefits. The report said a possible reason for the change would be the fact that Northeast-based fleets have diversified their geographical operations to escape that region’s traditional high costs. Carriers contacted by ATRI said costs are evening out across the regions. The report found that the average number of drivers per truck increased slightly from .96 to .98. Anything less than one means trucks aren’t being used. Turnover rates fell in almost every size and sector. In the truckload sector, those with more than 1,000 trucks had rates of 58.9%, while those with 251-1,000 trucks had rates of 60.7%. Those with 101-250 trucks had rates of 53.2%. Smaller fleets, meanwhile, had much lower rates. Those with 26-100 trucks had turnover rates of 29.2%, while those with fewer than 26 trucks had only 18.8% turnover. In the specialized sector, the differences were significant though less pronounced. Rates ranged from 52.2% among fleets with 251-1,000 trucks to 26% among those with fewer than 26 trucks. Less-thantruckload carriers had an overall turnover rate of 20.6%. Fuel economy improved slightly in 2022, with an increase in miles per gallon to 6.68 over last year’s 6.65. Ninety-three percent of carrier respondents were using speed governors in 2022. Meanwhile 8.2% of fleets said they had at least one Class 8 truck-tractor powered by an alternative fuel source, which was up from 7 percent in 2021. Of those, 6.2% ran on compressed natural gas, 5.1% were powered by battery electric technology, 2.1% operated on liquid natural gas, and 0.5% operated on propane. But 97% of all alternative fuel trucks were operated by four carriers, all of them operating more than 1,000 trucks total. MP Cover Story
Q4 2023 • MILEPOST | 19 New research from the American Transportation Research Institute (ATRI) found that annual truck congestion costs in 2021 hit a peak of $94.6 billion, resulting from the dramatic post-COVID economic recovery. These costs generated from 1.27 billion hours of delay – the equivalent of more than 460,000 truck drivers sitting idle for one year. Additionally, this delay resulted in an estimated 6.793 billion gallons of wasted fuel. Cost of Congestion to the Trucking Industry 2023 Update NATIONAL FINDINGS ATRI’s research utilized its extensive database of truck GPS data representing hundreds of thousands of freight trucks, its industry-derived Operational Costs of Trucking data, and several federal sources to update earlier research quantifying the costs of congestion. ATRI found that from 2016 to 2021 the annual cost of congestion for the trucking industry increased from $74.5 to $94.6 billion – a 27.0 percent increase across six years of analysis. During this same time period the Consumer Price Index (CPI), a measure of inflation, increased only 12.9 percent. Thus, trucking’s congestion costs rose at more than twice the rate of the CPI as a result of increased industry costs, congested roadways and a record-high truck vehicle miles traveled (VMT) in 2021. WHY STUDY CONGESTION? Traffic congestion increases directly impact industry costs such as driver compensation, fuel, and repair and maintenance. It also generates indirect and/or societal costs such as supply chain disruptions, inefficient use of fuel and diminished air quality. The bipartisan Infrastructure Investment and Jobs Act of 2021 includes $350 billion for highway investments that could alleviate congestion; this research provides a blueprint for how and where those dollars can be invested. $100 $70 $75 $80 $85 $90 $95 2016 2017 2018 2019 2020 2021 $94.6B $77.3B $79.4B $87.6B $74.5B $80.1B Annual Cost of Congestion (Billions of $) HIGH GDP GROWTH 2021 saw the highest growth (5.7%) since 1984. RETURN TO OFFICE Congestion worsened as commuters returned to work. FREIGHT DEMAND Consumer spending increases have increased trucking volumes. POST-PANDEMIC CONGESTION INCREASED DUE TO:
20 | MILEPOST • Q4 2023 CONGESTION AND THE ENVIRONMENT ATRI’s analysis found that the trucking industry wasted over 6.7 billion gallons of diesel fuel in 2021 as a result of congestion, costing the industry more than $22.3 billion. CO2 production associated with this wasted fuel is substantial at 69 million metric tons (MMT). For a copy of the full report, visit TruckingResearch.org. ATRI is the trucking industry’s 501c3 not-for-profit research organization whose mission is research to improve the industry’s safety and productivity. Rank 2021 State Costs 1 California $9,000,397,702 2 Texas $7,256,430,452 3 Florida $7,157,229,169 4 New York $4,917,126,628 5 Louisiana $4,217,050,404 6 Georgia $4,021,578,225 7 New Jersey $3,838,944,444 8 Illinois $3,379,889,793 9 Pennsylvania $3,268,381,038 10 Tennessee $3,154,354,178 Rank 2021 Metro Area Costs 1 New York City Metro $5,491,372,273 2 Miami Metro $2,618,229,310 3 Chicago Metro $2,570,539,181 4 Philadelphia Metro $2,101,897,497 5 Los Angeles Metro $1,804,864,142 6 Dallas Metro $1,795,595,925 7 Houston Metro $1,633,751,272 8 Washington DC Metro $1,613,805,707 9 Nashville Metro $1,440,765,701 10 Atlanta Metro $1,393,415,723 For a copy of the full report, please visit ATRI’s website at TruckingResearch.org ATRI is the trucking industry’s 501c3 not-for-profit research organization. It is engaged in critical research relating to freight transportation’s essential role in maintaining a safe, secure, and efficient transportation system. TOP 10 Cost of Congestion Hotspots ATRI’s research also quantified the industry’s congestion costs at the state and metropolitan levels, with California leading the states with over $9 billion in industry congestion costs. Among major metropolitan areas, New York City generated over $5 billion in trucking industry congestion costs in 2021. 1 CA 10 TN 2 TX 5 LA 3 FL 6 GA 8 IL 9 PA 4 NY 7 NJ 1 NYC 4 Philadelphia 8 DC 3 Chicago 2 Miami 5 Los Angeles 7 Houston 6 Dallas 9 Nashville 10 Atlanta
Q4 2023 • MILEPOST | 21 The Trucking Association of New York (TANY) and Shay Legacy Foundation (SLF) are introducing an exciting addition to its workforce development arsenal in 2024 with the rollout of a traveling truck-driving simulator. The state-of-the-art tool, which will be completely free for all users, aims to give students an opportunity to experience the thrill of being behind the wheel of a commercial truck. It will also target new and experienced CDL-licensed drivers, providing an opportunity for continuing education and simulations of unique driving experiences in a safe setting. As the truck driving simulator travels around the state in its custom 24-foot trailer, it will always be accompanied by certified trainers with dozens of years of driving experience. These trainers will not only be experts on the functions of the simulator equipment but will also be able to relay to students the reality of life on the road. We’re confident that the combination of a simulated truck driving experience with the teachings of our highly qualified trainers will spark genuine interest in careers in trucking; a giant step forward in our effort to tackle the workforce shortage our industry faces. Truck-driving simulators are a very new kind of technology, so the question worth asking is, what is a truck driving simulator? Put simply, our simulator is a mobile, state-ofthe-art truck driving experience that brings the road to you. It’s equipped with a realistic truck cab with all the controls and instruments found in a real truck, and features large, high-definition screens that display a lifelike driving environment. It also has motion-based technology that simulates the feeling of driving on different road surfaces, as well as interactive scenarios that challenge participants to make real-world decisions. The technology has been well received in the industry, triggering several private fleets, state agencies and beyond to invest in simulators, either to provide supplemental training to experienced drivers or safe, behind-the-wheel instruction for those seeking a CDL. TANY has even partnered with the Department of Corrections and Community Supervision, who purchased simulators for six of their facilities in the state to help incarcerated individuals work their way toward a CDL before being released. So, another question that warrants answering is what is the need for Simulator Takes Driver Training on the Road By Steve Bobarakis Shay Legacy Foundation Manager Simulator
22 | MILEPOST • Q4 2023 New York State Woman Owned Business Enterprise, NYSWOBE #53310 National Women’s Business Enterprise, WBENC #2005121673 Women Owned Small Business, WOSB #180165 www.accesscompliance.net | 518-782-2200 | [email protected] At Access Compliance, we have many services to keep you in compliance: DOT Medical Testing • DOT Examinations performed by DOT Certified Providers • HAZMAT Medical Clearances • HAZMAT training for drivers handling hazardous materials • Customized written program for your Drug and Alcohol Testing Program • Drug and Alcohol random pool for your random testing needs • Drug and Alcohol testing is done by trained collectors • Medical Review Officer (MRO) Services • After-hours Drug and Alcohol collections • Designated Employee Representatives (DER) training in what they need to know • Reasonable Suspicion Training Drug and Alcohol Testing DOT rules state that any motor carrier, interstate or instrastate operating a vehicle over 26,001 lbs, or transporting 16 or more passengers including the driver, or any vehicle transporting hazardous materials, must participate in a compliant Drug and Alcohol Testing Program, regardless of size. Program must include: Pre-employment, random and post-accident testing TANY to utilize a truck driving simulator when they’re already being used elsewhere in the state? The answer there lies in the primary purpose of the technology. While remedial training through use of the simulator will be made available to TANY members, the primary purpose will be to get in front of students who otherwise may have never even considered careers in trucking. As the only mobile simulator in the state available to book, we’ll have the opportunity to reach individuals that more than likely would have never taken the step to find a stationary simulator. And although many of the interactions we’ll have with these students will be short snippets at career fairs or school events, our vision is to connect interested students with local programs that will allow them to continue their training and education in pursuit of a career in trucking. The natural next step for students that show interest in the truck driving simulator is a conversation about a career as a driver, but understanding the shortage our state also faces for qualified diesel technicians, our trainers will also be prepared to have conversations about that career path. They’ll be equipped with resources for technical programs and schools, applications for SLF scholarships benefitting individuals seeking careers as technicians, and other resources that will help guide them down that road. The simulator will truly be a tool to grow and enhance the workforce for the entire trucking industry in New York. If you’re interested in learning more about the simulator, or booking it, contact [email protected]. MP Simulator
Q4 2023 • MILEPOST | 23 Annual Management Conference The Trucking Association of New York’s Annual Management Conference (AMC) took place September 25-27, 2023, at the beautiful 1000 Islands Harbor Hotel in Clayton, NY. The AMC is one of TANY’s premier events, bringing together leaders of New York’s trucking industry for informative meetings, educational sessions, and valuable networking opportunities. This year’s conference attracted more than 100 attendees. The event kicked off with the Board of Directors and committee meetings followed by a luncheon where Board Chair Mark Giuffré presented a summary of the association’s activities over the past year during the Annual Meeting of the Membership. The afternoon was highlighted by the first official meeting of the TANY Leadership Program class of 2024, as well as Annual Management Conference ‘23 By David Carnevale TANY Communications & Marketing Manager
24 | MILEPOST • Q4 2023 the TANY Safety Council meeting and the final committee meeting. An opening night reception closed out the day’s activities. Tuesday’s sessions began with keynote speaker Andrew Boyle, CoPresident of Boyle Transportation and newly appointed Chairman of the American Trucking Associations. Afternoon sessions featured topics on effective leadership within the industry, including nuclear verdicts, communication strategies and workers’ compensation. An afternoon boat tour around the 1000 Islands on the scenic St. Lawrence River was another highlight. Tuesday evening featured the Member Recognition and Awards Banquet where TANY recognized the winners of the Statewide Driver of the Year Award, Statewide Golden Wrench Award, Truck Driving Championship Grand Champion, SuperTech Competition overall winner and the Fleet Safety Award Grand Champion. Wednesday began with an overview of TANY’s “Jails to Jobs” Program by TANY President Kendra Hems, and Trent Griffin-Braaf, of Tech Valley Shuttle. A session from Chris Henry of KSM Transport Advisors, on the traits of highly profitable trucking companies, proved to be both informative and entertaining. The conference closed out with Kendra leading a discussion on TANY’s legislative focus for 2024, which also featured Ken Johnson, CEO of Leonard’s Express, Inc., and Chairman of TANY’s Government Affairs Committee. The conference provided three days of valuable networking, socializing, and educational content. TANY looks forward to seeing everyone in 2024. Be sure to mark your calendars for September 23-25, and join us again at the 1000 Islands Harbor Hotel in Clayton, NY! MP Annual Management Conference
Q4 2023 • MILEPOST | 25 OEM • NEW AFTERMARKET • REMAN • REFURBISHED DPF FILTERS • DOC CATALYSTS • ONE BOX UNITS • SCRs EGR COOLERS + RECORING • AIR CHARGE. COOLERS • RADIATORS GASKETS • BUNGS CLAMPS • SENSORS • TURBOCHARGERS DPF REGENERATION IS YOUR ONE SOURCE FOR DIESEL FILTER CLEANING, REPAIR AND EMISSION SUPPLIES. 800-634-3010 • 203-549-8606 • 203-510-2837 info@dpfregeneration www.dpfregeneration.com Detroit Diesel Cascadia Unit One-Box Vincent A. Berretta, C.P.A | [email protected] 527 Townline Road, Suite 201 Hauppauge, NY 11788 Phone: 631.876.5160 • Cell: 516.972.9475 FAX: 631.876.5163 Berretta & Costigliola, LLP Certified Public Accountants & Consultants Calendar 2024 March 4-6, 2024: Call on Albany (Albany, NY) April 1-3, 2024: Truck Safety & Education Symposium (Saratoga, NY) May 7-9, 2024: Call on Washington (Washington, D.C.) June 7-8, 2024: Truck Driving Championships and SuperTech Competition (Syracuse, NY) Sept. 23-25, 2024: Annual Management Conference (Clayton, NY) For more information and to register, please visit https://members. nytrucks.org/events
26 | MILEPOST • Q4 2023 ADVERTISING RESOURCE INDEX Access Compliance 22 Accrisure/Keevily 18 Berretta & Costigliola 25 BestPass Inside front cover CDL Associates Insurance Agency 13 DPF Regeneration 25 Haylor Freyer & Coon 17 HazMat Environmental Group 13 Hub Truck & Lease 12 Modern Disposal Services 4 New Jersey Truck & Trailer Solutions 16 Regional International Truck & Trailer Back cover Truckers Against Trafficking 24 Trucking Moves America Forward Inside back cover This edition of TANY’s Milepost was made possible by the support of these corporate advertisers. These generous companies support the trucking industry by enabling TANY 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 nytrucks.org to see the digital version of Milepost with live links to advertisers’ websites. MILEPOST MILEPOST THIRD QUARTER 2023 Vol. 11, No.3 THE OFFICIAL MAGAZINE OF THE TRUCKING ASSOCIATION OF NEW YORK > 2024 Legislative Updates From Around the State > Economic Forecast > TDC & SuperTech Winners From Legacy to ESOP: The Voice of Trucking Succession Planning Because advertising works. No matter what size ad you choose to run in Milepost, you’re guaranteed the potential for getting noticed by our impressive audience of more than 10,000+ leaders in transportation. And getting noticed means your ad is working for you. HEY! ARE YOU LOOKIN' AT ME? 188844Stuck LLC A One Trucking & Moving Services, Inc. Barn Truck Rental Crossroads Equipment Lease & Finance Day & Ross USA, Inc. DDS Transportation Consulting DHL Express, Inc. Dunstan Gray LLC Empire Towing and Recovery Inc. Fleet Maintenance, Inc. Forks Creek Transport Hale Trailer Brake & Wheel Inc. J Huntley Trucking LLC JW Didado Electric LLC L T U Industries Inc McCagg Contracting LLC McCraith Beverages NJC Scrap Metal Recycling, Inc. Northway Transport Refrigeration NYS Concrete Masonry Association Orange Transport LLC Premier Transportation Service Pressley PLLC Relentless Trucking LLC Rose Star Transportation LLC Superior Lubricants Co., Inc. Welcome, New Members
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