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Published by mpg_jennifer, 2017-05-18 14:02:32

Tennessee Trucking News Q4 Winter 2016-2017 -- Wayland Thompson, FirstFleet

Official Magazine of the Tennessee Trucking Association

Keywords: trucking,business,politics

truckingTENNESSEE OFFICIAL MAGAZINE
OF THE TENNESSEE
TRUCKING ASSOCIATION

Q4 WINTER 2017

$4.95 VALUE

NEWS

Overtime
Regs Update
ATRI’s Top Ten,
Tennessee-style
President Trump
& Trucking Regs
TTA’s Road Team
on the Road

Wayland
Thompson,

FirstFleet

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4 • TENNESSEE TRUCKING NEWS Q4 WINTER 2017

TABLE OF CONTENTSTennessee Trucking News OFFICIAL MAGAZINE OF THE TENNESSEE TRUCKING ASSOCIATION

Q4 WINTER 2017

COVER

16 Humble and Kind
Thompson helps FirstFleet

build by building relationships

BY STEVE BRAWNER

FEATURES

11 ATRI’s Top Ten
Survey Results

BY REBECCA M. BREWSTER

14 TTA’s Road Team

BY CATHERINE STUART

23 Overtime Regulations

BY EDDIE WAYLAND

26 The VMT: Good for
Highway Finance?

BY ROBERT PITCHER

29 Will the Trump
Administration Drain
the Regulatory Swamp
Affecting Trucking?

BY DAVE OSIECKI

34 Member Spotlight: 
Terry Minor, Cumberland

International Trucks, Inc., and
TTA TruckPAC Co-Chairman

BY TODD TRAUB

DEPARTMENTS

7 From the Chairman:
by Wayland Thompson

9 From the President:
by Dave Huneryager

33 Calendar

33 TTA New Members

33 Advertiser Resource Index

IMAGES ON COVER AND THIS PAGE OF WAYLAND THOMPSON BY JOHN DAVID PITTMAN.
Q4 WINTER 2017 TENNESSEE TRUCKING NEWS • 5



truckingTENNESSEE Chairman’s Message
NEWS
This recent holiday season, we truckers were all
Official Magazine of the Tennessee Trucking Association hustling to keep those packages moving safe and just
in time to all before Christmas, as not to let old Santa
Tennessee Trucking News is owned by the Tennessee Trucking down! We had a great year at the TTA offices. We are thankful for the
Association and is published quarterly by Matthews Publishing membership growth and participation from all in regards to dues, PAC
fund, & the TTA Foundation events. I know I speak for the Executive
Group. For additional copies, to order reprints of individual Committee and all our members in recognizing the fact we could not have achieved where
articles or to become a subscriber to Tennessee Trucking we are now without the staff at the TTA office; Dave, Carol, Edmond, Catherine, & Donna.
News, contact Carol Foster at [email protected] It’s a team effort and everybody needs to realize we have a first class outfit and are primed
for growth. So let me be clear in my wishes for Christmas: All I want is to double our TTA
Publisher Jennifer Matthews-Drake membership on the carrier side, that’s 250 new members taking us to 750 total allied and
carrier members.
[email protected]
We at the TTA offices strive hard to come up with programs and benefits for all our
Executive Editor Dave Huneryager members that are worthy of your membership dues. As we close out 2016, I would like to
refresh everyone on some of the benefits of TTA: We offer safety literature, safety councils,
[email protected] educational seminars, fall conferences, roadside safety breaks, and a large offering of Endorsed
Partners: ATA Business Solutions, CargoNet, Digital Movers, DISA Global Solutions, Inc,
Art Director C. Waynette Traub Drivers Legal Plan, Fortress powered by Pancoast Benefits, INA Towing Network, LLC, J.J.
Keller & Associates, Inc., PeopLease, HELP, Inc., Provider of PrePass, Sleep Access, UPS, S&E
[email protected] Productions (The Driver), Verticle Alliance Group and Vigillo. I encourage you all to look into
all of these programs and learn how they might be of benefit to each of your companies. You
Photographers Larry Kuzniewski might not realize it but most all endorsed providers will save you some dollars and enhance
Caleb Shane Lollar your bottom line. We go through a rigorous vetting program to bring you good quality
Tiffany Thrasher Lyles endorsed providers and programs that will benefit our members.
John David Pittman
We also have a Call on Nashville to all the state of Tennessee legislators and would like to ask
Catherine Stuart any and all that can attend to consider doing so on Mar. 8, 2017. Then our Call on Washington
is Apr. 4-6, if you would like to participate.
Contributing Writers Steve Brawner
Kelly Cargill Crow One of the best benefits and opportunities to get involved is at our annual convention
which is truly first class. If you have not attended please consider this year’s 2017 convention
Sam Eifling September 17-19 in Destin, Fla. I promise you will not regret it if you have not yet attended.
Eric Francis It’s always worth the trip from the speakers to the outings, plus it’s much better to think about
Jennifer Barnett Reed Destin, Fla. in January and February, so put it on your iPad, Outlook or Smart Phone now
John Schulz before you book something else.
Todd Traub
In closing I would like to mention the forest fires in East Tennessee that have devastated that
Illustrator Brent Bennett part of our fine state. Some people have lost everything and need our help. If you feel moved to,
[email protected] please remember them in your thoughts and prayers and if you would like to donate you may
do that directly to https://dolloywoodfoundation.org. One hundred percent of all proceeds
Ad Production Doug Benjamin go to those in need. Most of all, I hope everyone had a Merry Christmas! Safe travels to all,
Deah Chisenhall especially all our over the road drivers, and may we all continue to be healthy and blessed in
the years to come.
www.TNTrucking.org
Tennessee Trucking Association Staff Wayland Thompson
Chairman FirstFleet and TTA Chairman
President & CEO [email protected]
Dave Huneryager
[email protected] Q4 WINTER 2017 TENNESSEE TRUCKING NEWS • 7

Director of Safety
Edmond Sorrell

[email protected]

Membership Coordinator
Donna Tomlinson

[email protected]

Foundation Coordinator
Catherine Stuart

[email protected]

Administrative Coordinator
Carol Foster

[email protected]

An affiliate of the American Trucking Associations

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

For more information, contact TTA at:
Tennessee Trucking Association

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

www.TAGTRUCKCENTER.com

From The President

Tennessee Trucking Association Resolutions
Executive Committee
Have you made any New Year’s Resolutions for 2017?
CHAIRMAN OF THE BOARD It seems every December many of us set a goal to make at least one
improvement during the course of the coming year.
WAYLAND THOMPSON
The Tennessee Trucking Association must constantly set new goals
FirstFleet, Inc. in order to be a vibrant organization that keeps moving forward and
improving. A long range goal was set in September of 2015 at our annual convention. I asked
EXECUTIVE COMMITTEE the Board in our annual meeting to strive to improve the Association’s financial position by
building reserves to meet a full year of expenses. A strong financial base will allow us to do more
President & CEO Secretary things to serve our membership.
DAVE HUNERYAGER JIM MOSBY
Tennessee Trucking Association To accomplish this we must continually grow and keep our membership. Our Membership
FirstBank Coordinator, Donna Tomlinson, does a terrific job in this area and consistently involves many of you
in the recruitment and retention of prospects and active members. Having a growing membership
ATA State Vice President Treasurer base means more than gaining new members; it means keeping the members we already have
SCOTT GEORGE SCOTT SCHUMPERT because for every member we lose, it takes two new members for the association to grow.
TCW, Inc. Carr, Riggs & Ingram CPSs
Keeping members can be different than attracting new ones! To keep a member we have
TruckPAC Co-Chairman East Tenn. Vice Chairman to deliver on the promises we make. We have to deliver new services, because the needs of
DAVE MANNING Jeff Reed members who joined 10 years ago, five years ago, or yesterday are not the same as when they
TCW, Inc. joined. As in any other business, it comes down to customer service.
Skyline Transportation
We have done a good job of retaining members over the years by delivering quality services
TruckPAC Co-Chairman Middle Tenn. Vice Chairman and continually adding new benefit possibilities. Let’s get back to the goal we have set; a stronger
TERRY MINOR MIKE MCFARLIN financial position. Have you renewed your membership in TTA for 2017? Judging by the
incoming mail we have seen since our largest dues invoicing went out, many of you already
Cumberland International M & W Transportation Co., Inc. have! If you haven’t, here are some of the reasons why I think you should, as well as why I think
Trucks, Inc. Southeast Tenn. Vice you should ask other motor carriers who are not members to join us;
Chairman
TTF President CONNIE VAUGHAN • Call the TTA office to get responses to your industry questions
TOMMY HODGES • Stay up to date with the Tennessee Trucking News and our monthly Newsletter
Titan Transfer, Inc. McKee Foods Transportation, • Take advantage of some of the best industry educational opportunities through our
Allied Vice Chairman LLC
NATMI offerings.
TROY DICKENS West Tenn. Vice Chairman • Sponsor and attend the Convention, it is educational and fun!
Rush Truck Center, Nashville JASON HIGGINBOTHAM • Help improve our image on the highway and in the community by supporting
Immediate Past Chairman Ozark Motor Lines, Inc.
Tennessee’s Road Team.
JOHN ROSS Non-Domiciled Vice • Be involved with Legislative issues through the Call on Washington and our annual
Milan Supply Chain Solutions Chairman
hill visit in Nashville.
General Counsel NICK D’ANDREA • Join the Safety Management or the Maintenance Council and sponsor and attend the
C. DALE ALLEN UPS
Adams and Reese LLP Fall Conference.
• Attend a Roadside Inspection in your area of the state to learn about what goes on at
BOARD OF DIRECTORS
a scale site.
DIRECTORS AT LARGE JIM BRIGGS • Help Tennessee’s children by volunteering or playing in a Big Rigs for Little Kids event.
Advanced Ergonomics, Inc. • Save money and improve performance through the use of association endorsed products.
BRAD ALLEN What can the TTA do for you? Let the TTA staff know! We are here to serve you and your
Venture Express JOE NACARATO business!
Nacarato Volvo Trucks, Inc.
BETH FRANKLIN Dave Huneryager
Multi-Task Solutions EDDIE WAYLAND President, Tennessee Trucking Association
King & Ballow [email protected]
STEVE FRANKLIN
Multi-Task Solutions BILL TIRRILL Q4 WINTER 2017 TENNESSEE TRUCKING NEWS • 9
Fleetco, Inc.
Jerry Hampton
Pinnacle Bank SOUTHEAST TENNESSEE

LARRY LEFKOVITZ MAX FULLER
McLeod Software U.S. Xpress Enterprises, Inc.

JOE SHARP JOE SMITH
Western Express Kenco Transportation Services

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

ROB RHEA TOMMY THAXTON
FedEx Freight Best One Tire & Service

WAYNE WEAVER NATHANIEL GOGGANS
Rapid Ways Leasing Justitia Law Firm PLLC

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

BRUCE CAMPBELL TIM GATLIN
Forward Air Corp. Empire Express, Inc.

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

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

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

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

BRAD RAHRER JOSH GRODIN
Portland Express, inc. Ryder System Inc.

ALLIE SHARP SCHWALB MIKE KELLEY
Sharp Transport, Inc. YRC Worldwide, Inc.

JOHN WALTON HAL DOWLAND
Averitt Express, Inc. HELP, Inc., Provider of PrePass

BILL BOB WEST GREG SHIPMAN
R.E. West, Inc. Vertical Alliance Group

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Tennessee’s Top Ten

ATRI’s top ten survey results based on TTA’s reporting members

BY REBECCA M. BREWSTER

GUEST WRITER

Trucking is big business in national results and those generating from Tennessee survey respondents ranked as
Tennessee-based motor carriers. their top strategy to study the effectiveness
Tennessee. The industry employs over of carrier retention programs that financially
183,000 individuals in the state, meaning one For Tennessee motor carriers, the incentivize drivers for performance in
out of every 13 employees statewide has a workforce issues of Driver Shortage and the areas of safety, fuel economy and trip
trucking-related job. And, trucks transport Driver Retention garner the top two spots. productivity.
more than 80 percent of manufactured freight Not surprising given that Tennessee is home
moved in the Volunteer state. to seven of the nation’s largest for-hire fleets. While it ranked first nationally, concern
Filling seats with qualified, safe drivers is a over the commercial driver Hours-of-Service
It’s clear that trucking matters to Tennessee. top priority for motor carriers large and small (HOS) rules ranked third among Tennessee
So, with an industry that important, what are and, once those driver positions are filled, respondents. The HOS rules have topped
the issues of most concern to motor carriers keeping those drivers is critical. the industry’s list of concerns for three
in the state? The annual Top Industry Issues consecutive years (2013-2015) and have been
Survey provides some insight. The top strategy for dealing with the in the top five nationally since the survey was
driver shortage as ranked by respondents first conducted in 2005, driven primarily by
Since 2005, the American Transportation (Tennessee and nationally) is to work with the continued changes to and uncertainty
Research Institute (ATRI) has been surveying state and federal authorities to consider a surrounding the future of the rules; 2015 was
motor carriers and commercial drivers graduated CDL program to safely attract new no different.
nationwide to identify those issues which and younger drivers. The $305 billion FAST
have the greatest impact on the industry. Act, signed into law last December, allows the Tennessee motor carriers placed a much
And, for each issue identified in the survey, U.S. Department of Transportation to create higher level of concern/ranking (4th overall)
industry stakeholders are also asked to rank a pilot program for 18-20 year olds to drive on the state of the nation’s transportation
potential strategies for addressing each. The interstate if they have a military background infrastructure than did their peers across the
annual survey results are released every that included truck driving experience.
October and the 2015 results show some CONTINUED ON PAGE 12
disparities in ranking the issues between the As a way to address driver retention,

2015 TOP National Tennessee-Based Respondents
INDUSTRY 1. Hours-of-Service (HOS) 1. Driver Shortage
2. Compliance, Safety, Accountability (CSA) 2. Driver Retention
ISSUES 3. Driver Shortage 3. Hours-of-Service (HOS)
4. Driver Retention 4. Transportation Infrastructure/Congestion/ Funding
SURVEY 5. Truck Parking 5. Electronic Logging Device Mandate
6. Electronic Logging Device (ELD) Mandate 6. Driver Distraction
7. Driver Health and Wellness 7. Truck Parking (tie)
8. Economy 7. Compliance, Safety, Accountability (tie)
9. Transportation Infrastructure/ Congestion/ Funding 9. Economy
10. Driver Distraction 10. Driver Health and Wellness

Q4 WINTER 2017 TENNESSEE TRUCKING NEWS • 11

CONTINUED FROM PAGE 11 the industry was still awaiting issuance of the technology in vehicles by all drivers will
final rule, likely keeping this issue in the top likely result in this issue continuing as a top
country. Tennessee is home to four of the 10. The final rule has now been published by concern in the coming years.
nation’s top truck bottlenecks as identified FMCSA and for the most part, the strategies
each year in ATRI’s list of the top 100 most identified by survey respondents for dealing Two issues tied for seventh place among
congested freight-significant locations. The with the issue have been addressed in the Tennessee respondents: Truck Parking
four Tennessee locations and their ranking in final rule. Those strategies included ensuring and FMCSA’s Compliance, Safety and
the top 100 are: that the ELD mandate did not require that the Accountability (CSA) program. Truck
devices be capable of creating hard-copy HOS parking continues to receive increased
#30 – Nashville, I-24 at I-440 North records; grandfathering in existing devices attention as the growing scarcity of available
#34 – Nashville, I-65 at I-24 installed by early adopters; and ensuring that parking creates a dangerous situation for
#49 – Memphis, I-40 at I-240 East the two-year implementation window not be truck drivers who are often forced to drive
#62 – Nashville, I-40 at I-65 East extended. beyond allowable HOS rules or park in
Moving freight around and through those undesignated and, in many cases, unsafe
bottlenecks – where average truck speeds are With the final rule issued, the ELD locations. As such, the top strategy ranked
less than 40 miles per hour due to congestion mandate may see a change in ranking in by survey respondents is to support and
– is a challenge for motor carriers statewide. the 2016 Top Industry Issues Survey (to be encourage investment in new truck parking
Rounding out the top five issues for launched in August) driven more by any facilities, while also encouraging states to
Tennessee motor carriers is the Electronic remaining issues or concerns that carriers reopen shuttered facilities.
Logging Device (ELD) mandate. In March and drivers have as ELDs are deployed.
2104, FMCSA issued a Supplemental Notice A myriad of challenges with CSA continue
of Proposed Rulemaking (SNPR) to address The number six issue in the Tennessee to keep it in the top 10 issues nationally and
a number of concerns identified by industry ranking was Driver Distraction. As an among Tennessee carriers. A number of
stakeholders in the initial ELD proposed industry concern, Driver Distraction first studies, including research by ATRI, have
rule. At the time the survey was conducted, appeared in the national ranking in 2014. documented that CSA’s safety measures,
Increased concern over the rising use of the seven Behavioral Analysis and Safety

OUT IN FRONT

DALE ALLEN TONY SWAFFORD ROCKY KING HOLLY McDANIEL CANNON ALLEN MARK NORRIS BEN FOX JEFF BROOKS
Partner Partner Associate Governmental Affairs Advisor Partner Special Counsel Partner Partner
Nashville Nashville Nashville (non-lawyer) Memphis Memphis Memphis Washington, DC
[email protected] [email protected] [email protected] Nashville [email protected] [email protected] [email protected] [email protected]
[email protected]

transportation and logistics

Our Adams and Reese Transportation and Logistics Team advises clients on issues relating to the entire supply chain and
all modes of transportation: highway, water, air, rail, and pipeline. We understand the particular demands and complexities

of the industry, and therefore, maintain real-time knowledge of statutory, regulatory, and legal decisions that impact your
business. Through our governmental relations team and our membership and leadership in several transportation industry

organizations, we stay up-to-date on relevant legal developments on a regional, national and international level.

www.adamsandreese.com
Fifth Third Center | 424 Church Street, Suite 2700 | Nashville, TN 37219 | 615.259.1450

Crescent Center | 6075 Poplar Avenue, Suite 700 | Memphis, TN 38119 | 901.525.3234
ALABAMA | FLORIDA | LOUISIANA | MISSISSIPPI | SOUTH CAROLINA | TENNESSEE | TEXAS | WASHINGTON, DC

No representation is made that the quality of the legal services to be performed is greater than the quality of the legal services performed by other lawyers. Contact: Guilford F. Thornton, Jr.

12 • TENNESSEE TRUCKING NEWS Q4 WINTER 2017

Improvement Categories (BASICs) under Crash Indicator BASIC measures. Among the The annual Top Industry Issues Survey
which carriers and drivers are scored, are fifteen carriers in ATRI’s analysis, the Crash provides an important indicator of where
not a good predictor of carrier crash risk. Indicator BASIC decreased nearly 15 percent trucking’s attention is focused and which
Additionally, there are disparities in how once a subset of five non-preventable crash issues may rise to prominence in the near
states collect and report safety performance types were removed. future. It’s an important tool for providing
data, and shippers are potentially misusing direction to industry groups at the state and
the data in the selection of carriers to haul The number nine issue for Tennessee national levels in terms of the issues and
freight. carriers – the state of the nation’s economy. strategies that motor carriers and drivers
Other than the commercial driver HOS rules, believe will have the most impact on the
This is another issue that was subsequently the economy is the only issue to rank first on industry for years to come. Armed with this
addressed in the five-year FAST Act. In it, the national list for three consecutive years information, state trucking associations and
Congress directed FMCSA to remove from (2009-2011), which it did during the Great the American Trucking Associations are
public view motor carrier BASIC scores Recession. better equipped to address the issues more
until the underlying issues with the Safety broadly and proactively. TTN
Measurement System (SMS) are corrected The final issue on the list of top ten
and additional research done to identify if the concerns for Tennessee motor carriers is Rebecca M. Brewster is president and COO of
BASICs are accurate predictors of crash risk. Driver Health and Wellness. In the overall the American Transportation Research Institute.
survey, Driver Health and Wellness continues ATRI is the trucking industry’s 501(c)(3) not-for-
The top strategy identified in this year’s to climb in ranking, this year reaching profit research organization. It is engaged in critical
survey for addressing CSA is to push for a seventh, its highest position to date. Many in research relating to freight transportation’s essential
crash accountability determination process the industry recognize the critical connection role in maintaining a safe, secure and efficient
that removes non-preventable crashes from between improved driver health and wellness transportation system. A copy of the 2015 Critical
carrier scores. In November of last year, ATRI and the industry’s ability to retain qualified Issues in the Trucking Industry report is available
published a new study which investigated drivers. As such, more and more fleets are from ATRI at www.ATRI-online.org. You may email
the impact that excluding non-preventable deploying health and wellness programs for Brewster directly at [email protected]
crashes would have on motor carrier CSA their drivers.

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Q4 WINTER 2017 TENNESSEE TRUCKING NEWS • 13

Tennessee Trucking Association’s

Road Team

Sgt. Biggs – Memphis PD, TN Road Team Captain Dave
Magee – FedEx Freight, TN Road Team Captain Gary
Helms – Covenant Transport, Rockey the Redbird –
Memphis Redbirds at the Mid-South 5K Distracted Driving
Event in Memphis, TN

Scott Lambert – FedEx Freight and Scooter Fleenor – Walmart Transportation at Sullivan
Middle School in Kingsport, TN

Scott Lambert – FedEx Freight, Thomas Bell – UPS, Beth Smith TN Road Team Captain/ATA America’s
– Old Dominion Freight Lines, Barry Morrison – Milan Supply Road Team Captain Gary Helms –
Chain Solutions and Scooter Fleenor – Walmart Transportation Covenant Transport with Sgt. Biggs –
at TTA Fall Conference in Jackson, TN Memphis PD.

James Warren – Titan Transfer at Robert Crabtree
Touch A Truck event in Franklin, TN – Averitt Express
with TEST Club
at Cookeville
High School in
Cookeville, TN

14 • TENNESSEE TRUCKING NEWS Q4 WINTER 2017

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Humble & kind:
Thompson helps FirstFleet build
by building relationships

BY STEVE BRAWNER

CONTRIBUTING WRITER

PHOTOGRAPHY BY JOHN DAVID PITTMAN

On Dec. 8, FirstFleet’s Wayland “I just think a PAC fund allows you to give on
behalf of the Tennessee Trucking Association
Thompson won $5,000 in a raffle and our industry, and isn’t aligned to a particular
party. … It’s just something over and above
benefiting the Tennessee Trucking that helps us as an industry and helps us as an
Association Foundation. He immediately association talk to politicians with some horsepower
gave his winnings back – to the TTA’s behind it through a large PAC fund,” he said.
political action committee, TruckPAC.
Dave Huneryager, the TTA’s president and CEO, said
“You’ve got to practice what you preach,” said Thompson has been a strong member of the executive
the TTA’s new chairman. “I’m asking everybody to committee for the past several years – always available
donate to the PAC fund, and it’s a great cause, and it for events across the state and an active participant
was a good way to jump-start the PAC fund for 2017 in legislative visits to Nashville and Washington.
with the $5,000 donation. I’m blessed. Everybody
could use money, but I don’t need it. I’m OK.” “I can already see where his focus is going to be:
growing membership!” he said. “He has already
As TTA’s chairman, Thompson’s goals include implemented actions to make our focus on growth
growing the membership from its current 525 members an even greater priority. I am excited to see where
to 1,000 members. Another priority is the TTA this emphasis takes us in the near and long term.”
Foundation, which provides scholarships to children of
TTA members, educates the public about safe driving Thompson is following in the footsteps of previous
around trucks, and supports children’s charities. chairmen, including FirstFleet’s owner, Gary Wilson,
as well as Sasser, who introduced the two. He did seek
Being chairman, he said is “just a great way to advice from Wilson before becoming chairman.
give back to the industry, and we’ve got a great
organization, the Tennessee Trucking Association. “Gary’s kind of a believer in people and believes
There’re so many good leaders ahead of me who that we’ll do the right thing, so he just said, ‘Do the
just paved the way—they paved it and lined it and right thing.’ So that’s what we’ll do,” Thompson said.
got exit ramps. I mean, it’s a superhighway.”
He has goals – for the association, not himself.
The $5,000 donation occurred shortly before the He wants to build on the successes of the past, not
executive committee meeting after a Major with the move the association in a radically new direction.
Tennessee Highway Patrol picked two tickets, one of
which was Thompson’s. The other was Averitt which “I’m not going to be the one that separates us from
won $15,000 and donated it to Averitt Cares for Kids. the pack,” he said. “We’ve already separated ourselves
from the pack as far as the top 10 percent of the
Thompson would like it to keep $150,000 in the
TruckPAC account to support trucking-minded elected CONTINUED ON PAGE 18
officials or to find opponents for those who aren’t.

16 • TENNESSEE TRUCKING NEWS Q4 WINTER 2017

Q4 WINTER 2017 TENNESSEE TRUCKING NEWS • 17

CONTINUED FROM PAGE 16 hauling hay in the summer. In high school, mechanically driven parts and toward all-
he earned the nickname “Wheels” because electronic systems. More and more repairs
associations in the U.S. But I just want to he ran on the track team and because he were being done by original equipment
kind of follow the pattern and kind of add owned three vehicles: a 1967 Mustang GT, a manufacturers, who were stretching
to what’s previously been established by 1956 stepside Ford pickup, and a Ford F-250 warranties from one year and 100,000
the former great chairmen and members pickup, all of which he paid for himself. miles up to five years and 500,000 miles.
of the Tennessee Trucking Association.”
“I had all kind of jobs growing up,” he said. “They kept all that within the
Thompson grew up around the trucking “I loved to work and just be around people.” manufacturers’ circle versus the
industry. His father, Ray, left Little Rock, remanufacturing circle,” he said. “So you
Arkansas, half a century ago and started Thompson sold all three vehicles when either had to diversify, recapitalize or change
Thompson Diesel, a diesel fuel injection he enrolled in Oklahoma State University to the way you were doing business and just
and turbocharger remanufacturing facility study marketing. After attending college, he basically back up a little bit and take a
in Oklahoma City. The family lived in joined the family business, working mainly in second step along the distribution chain.”
Yukon, also the home of country singer sales out of Lubbock, Texas, for a year, then
Garth Brooks, where Ray and his wife, moved to Tulsa for a year, and then back to Recapitalizing would have required
Patsy Lou, raised their three sons, Eldon, Oklahoma City as a parts manager and then an investment Thompson wasn’t willing
Ray Jr., and Wayland, the youngest. service manager. He then opened Kansas to make, so he sold out to a Tennessee
City Turbo and Diesel, a diesel fuel injection company, Diesel Sales and Service, and
Thompson, 60, enjoyed a childhood and turbocharger remanufacturing facility worked there for about a year as part of
running the streets, playing sports, and, as he in Kansas City, Kansas, with his father and the purchase agreement. During that time,
grew older, working in the family business. uncle, whose shares he later bought. That Sasser introduced him to Wilson, owner of
At age 14 or 15 he was cleaning up parts, business stayed open for about seven years FirstFleet, a dedicated contract carrier. In
sweeping the floor and wiping windows, and until Thompson became convinced that the 1992, Wilson hired him as vice president,
at age 16 he was making deliveries. He liked over-the-road truck industry was moving in and in about a year Thompson assumed the
to work and liked to earn money there and by a direction he shouldn’t follow: away from title of vice president of sales and marketing.

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Thompson said he didn’t even know what “He’s a very tenacious guy. He tries to get in and develop relationships with folks,
a dedicated contract carrier was when he and if he sees where they’re having an issue or where we can do something that’ll
took the job. The move meant he went from
being an owner to an employee – a difficult help out their operation, he’s just going to figure out a way o make it work.”
transition for some, but not for him, and he
doesn’t mind that he’s no longer the boss. — DANIEL PIPER, FIRSTFLEET

“I’m a humble guy,” he said. “I’m just where I have found my niche in this life.” this happen again.’ And we’ve been absolutely
glad to be here. It’s a teamwork, anyway. I Thompson was the first outside salesman on the same page ever since for 23 years.”
mean, someone’s got to sign a check. I get
that, but it takes a lot of cogs in the wheel the company hired, and there was a brief Despite that rocky start, the
to make it go around and connect.” moment of growing pains. The first time company ended up getting a 50-truck
he met Daniel Piper, the company’s vice dedicated run with the customer.
The move meant Thompson would be president of operations, was on a sales
able to focus on the aspects of business call. The two were telling the customer Firstfleet owns about 1,700-1,800 trucks,
that interested him most – sales and such different stories that the customer with major customers in the grocery
relationships – and step away from those finally said, “You boys, until you get your industry along with shippers of perishable
aspects he found less appealing. stories straight, you can both hit the door foods, beverages, concrete pipe and paper.
and come back when you get your stuff It hauls dryvan trailers, flatbeds and
“I think the good Lord gives you gifts, together.” As Piper remembers it, “I thought reefers. About the only thing it doesn’t
and I kind of recognized my gift is I love we were going to go toe to toe right then.” do is less-than-truckload routes, but it
people, I love relationships, and that was does make multiple long-haul stops.
probably more suited for me than banking Cooler heads prevailed.
and financing and all the other things that go “We didn’t say a word for about 15 minutes, The company’s employees work on
with owning a business,” he said. “Operations, and I pulled over on the side of the road,” site, “jumping when the customer asks
I love that as well, but I’m more of a people Thompson said. “I said, ‘We’re going to get us to jump. We just ask them how high,”
person. I realize that, and that’s kind of this straight right now. We’re not going to let
CONTINUED ON PAGE 20

Q4 WINTER 2017 TENNESSEE TRUCKING NEWS • 19

CONTINUED FROM PAGE 19 also to expand on the relationships it already ltoongogsotmeremwhelreeaeldsee.rAst hleaipst they’ll
has. He works with current customers to see
Thompson said. “And then we engineer if an opportunity exists to grow their fleet nAscusoasalmollbcmaeeintayehdteoiinostniagndnyso,gt‘rwhHinyaieoltoyl,u,btc’BrheteuoeggdbAoo,eiimyrnnotggeuort’iivonsceetalootgnosttehTthretteohuitricedska.n’o”inon-rg
that asset fleet based on what the customer’s while ensuring the customer can see they’re for wPihpaetrtsoaildooTkhofomrpgsooinngisfgoorowdaartd.
needs are dynamically, Monday through doing business with a clean operation.
Friday or 24-7, whatever that may be.” comAmccuonridciantigntgowSiptheathr,etvhaerileodngtyepretseormf
“If you don’t have a relationship with your
The company relies on long-term customer, then you’re just a spreadsheet,” he copneoceprlenswahroewthoerkdfroirvearshshipopretar,gwehaentdhearuit-’s
relationships with 12-18 major customers, said. “You’re just a commodity, so to speak, tothneomoroduesr steelcehcntoorl,othgey.shipping supervisor,
along with smaller contracts. As vice and at least if you have a relationship, you dtooer-ixrtveetec“hnAnue-uytbpietvyroaeenrtsv-hoioidecmueeantoputuir.stseoDssutiiaednevcedithndhuntasB,ottaelrdioeysmng.byyTi,enhtiishinesetgacrcaofloiatmvimroegmn-pe,aelynr-y’s
president of sales and marketing, Thompson’s can get last rites if the business is going cicaolnsceucrtroerds.hHaerewsotrhkeedsawmiteh rTohaodms.pIsfowneatare
job is to find new customers, of course, but it’s somewhere else, or has an opportunity taDlkieinsegl cSoalnenseacntdedSevrevhicieclaen, dcothnennecfotelldowtoedin-

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NATURAL GAS wtqhucthhaaiatcilnltkihngiastgaoprnopeedneqmnduabn.oirrTdearhicdtgraehyottti’fsnhboganyutottroathsiecdnltopdeheaubeorus,pftsusrlienoytuetIthsr’omseat,mwnhbiaoetuhk’stte.I…’m
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harmful or harbors an agenda.
20 • TENNESSEE TRUCKING NEWS Q4 WINTER 2017
26 TenneSSee Trucking newS “WSpee’vaer hsaadysfotlhkes ewnheomwyei’vsen’ktirnedgoufla-
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hgiconuuststooemgoureerwssshthawaththoiat’spcapgneonibnsegthotaortdhbeetoSinteentllhatteheeW. Whhitaet

Q2 Summer 2016

difference, which is by design. Some said he hits it straight down the fairway and was 24. So yeah, when I saw opportunity,
customers even affix their logos to the wins almost every time, while Beeny has a I swooped in, never let her go. So we’ve
trucks. Because of that arrangement, the simple warning: Don’t play him for money. been happily married ever since.”
company maintains tight control over its
assets. All the drivers are company drivers He married a girl from his hometown – They have three children, Wayland,
with no owner-operators, and the company his wife, Tina, who he jokingly calls by her Garrett, and daughter Darcie Tate
owns all of its power units and trailers. first and middle name, Fay, meaning she’s Malone, and four grandchildren ages
This is the third year that the company “Tina Fay,” like the famous comic actress. 7-2 who are a big part of his life.
has run 100 percent of its trucks using
electronic logs, which Thompson said “She wouldn’t date me in high school,” “I love to play with them, love to
enables it to maintain constant contact he said. “I think she had to kind of let me pick them up from school, love to
with its drivers while giving it the ability grow up a little bit, but soon after high go on a walk on the farm and hold
to tell customers where their loads are. school, we got married. She was 20, and I them and love them,” he said. TTN

“It just basically opens the book to
whoever wants to see their loads or driver
or hours of service,” he said. “Everybody
knows. There’s no hidden agenda. It’s just
open book.. … We’re going to be legal.
We’re not going to force dispatch. We’re
going to tell you what we have available,
and if we have to relay, we’ll relay.”

Whatever the company is doing,
it’s working. According to Thompson,
the company has grown every year
since he started working there.

“We’ve never not grown, and never not
made money,” he said. “Like most trucking
companies, it’s not a huge amount, but
we percolate along and block and tackle
and try to squeak out a dollar or two.”

The plan, he said, is to continue to grow.
“We’re trying to do a culture thing within
our company where we just want to do
the right thing to our employees. We want
to do the right thing to our customers.
We want to do the right thing for us as
a family to grow to the next generation.
You know, none of us are getting any
younger, so the company wants to grow
and prosper for generations on.”
Outside of the office, Thompson has
varied interests. He grew up around
cattle in Oklahoma, where his uncle had
a large ranch, and today he raises about
20-40 head of Angus on his own ranch in
Williamson County. Not too long ago, he
picked up a bull from a buddy in Yukon.
He plays golf with a seven handicap, and
because he travels, he’s been able to play
some of the country’s great courses. Piper

Q4 WINTER 2017 TENNESSEE TRUCKING NEWS • 21

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New DOL
Overtime Rule Is

HALTED:

Now What?
Truckload Carriers Association general counsel and TTA member
offers insight into the latest news regarding Dept. of Labor’s
overtime regulations and how they impact trucking

BY R. EDDIE WAYLAND

GUEST WRITER

A federal district court judge in employee must be paid a predetermined level for EAP employees from $455 per
and fixed salary (salary basis test); (2) the week ($23,660 per year) to $913 per week
Texas has issued a preliminary employee’s salary must meet a specified ($47,476 per year) – an increase of over 100
minimum amount (salary level test); and percent. The new rule also increased the
injunction halting the (3) the employee’s job duties must primarily annual compensation requirement needed
involve executive, administrative, or to exempt HCEs, from $100,000 to $134,004.
implementation of the U.S. w’s professional duties (“duties test”). Both these new salary thresholds were tied to
(“DOL”) new overtime rule. The rule wage data percentiles based on census data.
would have dramatically increased the salary The FLSA regulations also provide an These salary and compensation levels were
threshold required to qualify for the overtime exemption for highly compensated employees to have automatically updated every three
exemption for Executive (Supervisory), (“HCE”). Under the regulations, an HCE years to maintain the levels at the specified
Administrative, Professional, and Highly is exempt if: (1) the employee’s total annual percentiles.
Compensated Employees. The court’s ruling compensation meets the threshold amount
means that the new overtime rule did not (which must include the minimum amount Under the duties test, to qualify as an
go into effect on December 1, 2016. The specified under the salary level test paid on a exempt EAP employee, the employee’s job
question now is: where do we go from here? salary basis); (2) the employee’s primary duty duties must primarily involve executive,
includes performing office or non-manual administrative, or professional duties. The
FLSA BACKGROUND work; and (3) the employee customarily and new rule did not make any changes to the
regularly performs one or more of the exempt duties tests. The DOL stated that it believed
The Fair Labor Standards Act (“FLSA”) duties of an executive, administrative, or the threshold salary level increase combined
guarantees overtime premium pay of professional employee. with automatically updating the level every
not less than one and one-half times the three years, adequately addressed the DOL’s
employee’s regular rate of pay for all hours THE DOL FINAL RULE goal to limit the application of the EAP
worked in excess of 40 in a workweek. The exemptions.
FLSA provides several exemptions to this The new rule made significant changes
overtime requirement. It has long been to the EAP and HCE exemptions. First, CONTINUED ON PAGE 24
understood that, to fall under the executive, the new rule increases the threshold salary
administrative, and professional (“EAP”)
exemptions, three tests must be met: (1) the

Q4 WINTER 2017 TENNESSEE TRUCKING NEWS • 23

CONTINUED FROM PAGE 23 If you have not conducted an audit of your employees’
actual job duties, and corresponding job descriptions,
LITIGATION AND THE COURT’S RULING to make sure they are properly classified, you may be
exposing your company to significant potential liability.
After the DOL announced its final
rule, twenty-one states joined by business WHAT DOES THE FUTURE HAVE new rule, you may want to consider holding
associations and chambers of commerce IN STORE FOR THE NEW RULE off on any plans to do so, even if you have
from around the country, brought suits already announced plans to raise salaries.
in a Texas federal district court to halt its The court’s ruling has thrown the future of If the court reverses its own injunction, or
enforcement. They argued, among other the DOL’s new rule into doubt. First, while the if the injunction is overturned on appeal,
things, that the rule went beyond the scope injunction is only preliminary, courts do not it is unlikely that employers would face
of the DOL’s authority because it essentially often grant preliminary injunctions against retroactive liability for noncompliance
replaced the primary duties test with a de the implementation of a new federal rule. with the rule. Thus, there is no compelling
When a court does so, it is generally a good reason to implement compensation changes
facto salary test when it dramatically indication that it probably will not uphold at this time because of the pending rule.
raised the salary threshold. They the regulation. Given that the court thinks
also challenged the authority of that the new overtime rule likely violates the Significantly, however, if companies have
the DOL to automatically update plain text of the FLSA, it is probably unlikely not already done so in conjunction with
the threshold every three years. to change its mind later. Additionally, while preparation for the proposed new rule,
On Nov. 22, 2016, the court the DOL is appealing the ruling, the appeal employers should affirmatively consider
issued a preliminary injunction will not even be fully briefed until February, conducting wage hour audits of their salaried,
that blocked the rule from going 2017, after the new administration takes over. exempt employees. Such audits should
into effect. The court held the Also, the United States Court of Appeals for clarify and confirm whether employees
the Fifth Circuit, which will consider the qualify for the EAP exemptions or other
plaintiffs were likely to succeed on their appeal, is generally a more conservative- applicable exemptions. The primary duties
argument that the DOL had overstepped its leaning court that has previously upheld test remains as significant as ever. If you have
authority by so drastically raising the salary preliminary injunctions blocking other not conducted an audit of your employees’
threshold for exemptions. After analyzing Obama administration actions. actual job duties, and corresponding job
the FLSA, the court concluded that Congress descriptions, to make sure they are properly
intended the EAP exemptions to be primarily The results of November’s election classified, you may be exposing your
based upon an examination of an employee’s also further cloud the new rule’s future. company to significant potential liability.
duties. In contrast, the DOL’s new overtime Donald Trump becomes President on
rule functionally replaced any consideration January 20, 2017. It is likely the new Trump Being proactive and conducting such
of duties with a salary test, where an administration will drop the appeal or stop a wage hour audit and updating job
employee who was previously exempt from defending the rule altogether. Republicans, descriptions as necessary, are prudent steps in
the FLSA’s overtime provisions would now be who have expressed their disapproval of protecting your business interests. A company
classified as non-exempt solely because the the new rule, will control both houses of whose employees are properly classified,
employee made less than $47,476 annually. Congress, and legislation to amend, delay, based on their respective job duties, with
or repeal the rule, and/or to clarify the clear job descriptions, will not only better
According to the court, while the DOL applicable FLSA provisions, is also likely. insulate itself against potential liability in a
has broad authority to define what duties misclassification lawsuit, but will also be in
qualify an employee for the EAP exemptions, WHAT NOW FOR EMPLOYERS the best position to deal with future changes
it does not have the authority to categorize in the FLSA regulatory landscape. TTN
an employee as non-exempt wholly without With the implementation of the new
regard to that employee’s duties. Thus, overtime rule blocked, the question now is: R. Eddie Wayland is a partner
the court found that the plaintiffs were what should an employer do? The answer with the law firm of King & Ballow.
likely to succeed on the merits of their to this question will be different for each He has represented trucking
argument, an essential factor in favor of company. If you have already given salary industry employers for years and
granting a preliminary injunction. The increases to exempt employees to comply serves as General Counsel for the
court also found that the states would suffer with the now-enjoined rule, you may want Truckload Carriers Association.
irreparable harm if forced to comply with to consider the implications if you attempt You may reach Mr. Wayland at
the rule. Therefore, the court granted the rescind those salary increases. If you have (615) 726-5430 or at [email protected] The
motion for an injunction. The injunction not implemented changes to comply with the author would also like to acknowledge and thank his
applies to all employers nationwide. associate, David Goldman, for his contribution in

the preparation of this article.

24 • TENNESSEE TRUCKING NEWS Q4 WINTER 2017



The VMT –
A Good Idea
for Highway

Finance?

BY ROBERT PITCHER

GUEST WRITER

This country’s economy, the In this connection, there is talk these make a good replacement for the fuel tax,
days at both the state and federal levels about and does the fuel tax really need replacing?
prosperity of its businesses, the replacing the fuel tax — which has long
provided most, but by no means all, highway A VMT is a highway user fee imposed
well-being of its citizens, and its funding — with a vehicle-miles tax, or VMT. on each mile traveled by a vehicle subject
It is said by the proponents of a VMT that to it. As applied to commercial vehicles, a
competitiveness abroad all depend the fuel tax is or soon will be obsolete, as VMT is a weight-distance tax, sharing all the
new engine technologies produce high- inequities and burdensome administrative
on the soundness of the Nation’s mileage vehicles or those that do not depend features associated with the latter. Weight-
on liquid fuel, but on electricity distance taxes are almost universally
system of transportation, the most or another energy opposed by motor carriers, and have shown
source. Some of these
important element of which is claims, at least on
the surface, sound
America’s highway system. plausible. So what
The adequacy of the highway system in turn is a VMT, would it
depends on the soundness of our highway
funding. Recently, however, at the federal
level and in at least some of the states, there
has been a persistent reluctance to raise

the revenues necessary for building
new roads and maintaining
what we have.

26 • TENNESSEE TRUCKING NEWS Q4 WINTER 2017

over the decades that they are not a good from this perspective? Such a tax would have so their operators leave a trail of their
means of raising highway money. Would to be collected somehow from millions of travels, for later audit. While we are
a VMT on passenger cars be any better? taxpayers – all those driving cars in the taxing not confident that any amount of fancy
jurisdiction. We cannot conceive of such a tax technology can overcome human nature
Much of what follows is hypothetical, being collected successfully, let alone cheaply. in this respect, the prospect of requiring
since, as applied to private cars, a VMT is only sbelaricokubsoqxueessitniopnrsivoafttFteihrscJeitamberafsf&nirckaSiieusnescasynmaMonrodesby,
a concept – none exists today anywhere in the But, say VMT proponents, modern intrusiveness of a VMT. How much would
world. Still, a VMT is a tax, and the criteria technology can help here! On-board the chosen technology cost? Would drivers
for evaluating taxes should apply as well to recorders can compile mileage accurately,
VMTs. Speaking generally, a tax should be, and broadcast it automatically to the CONTINUED ON PAGE 28
among other things, efficient – easy and cheap taxing authorities for assessment. Cars
to administer and collect; effective – capable can be fitted with GPS tracking units,
of raising the revenue needed; enforceable –
not unreasonably open to evasion; equitable  Chr
– falling equally on similarly situated
taxpayers; and unintrusive – observant of  Pled
taxpayers’ concerns over privacy. Some types Jeff an
of taxes will fail one or more of these criteria Omnit
just because of the kind of tax they are – an
income tax, for instance, is quite intrusive.
Other taxes, which could be successful, fail
because of the way they are administered.
We might point out that the traditional
fuel tax is, by these criteria, a good tax.

The fuel tax has performed so well in
large part because government collects it
up-front from very few taxpayers. Both state
and federal fuel taxes are collected from fuel
suppliers, who pass the tax down the chain
of distribution. At most, there are only a few
hundred suppliers per state, they are mostly
large entities, and government knows who
and where they are. As a result, the fuel tax is
easy and cheap to collect, and hard to evade.
The personal income tax provides another
example of this effect. As far as wages to
which withholding requirements apply, the
IRS believes it collects about 95% of the tax
due. On income which is neither withheld
on nor subject to reporting requirements,
the collection rate drops below one-third.

A weight-distance tax, the closest thing
to a VMT we’ve experienced in this country,
is often considered to be widely evaded,
and the structure of such a tax lends itself to
evasion. A weight-distance tax is not subject
to withholding, and government must try to
collect it from a multitude of taxpayers, most
of them small. Estimates of weight-distance
tax evasion, depending on the state involved,
range up to 50%. How would a VMT fare

Q4 WINTER 2017 TENNESSEE TRUCKING NEWS • 27
16 TenneSSee Trucking newS

CONTINUED FROM PAGE 27 the tax means that those who choose Besides, the fuel tax has never been the
to pay it or can’t avoid it, are penalized sole source of highway funding. At the
require training to use it? Would it be with having to pay the share of those local level, property taxes bear most of
accurate and reliable? Could it be cheated who don’t. Moreover, while under a fuel those costs and, at the state level, vehicle
readily? If the tax were imposed at the tax regime low-mileage vehicles that registration fees and targeted sales tax
state level, what about drivers coming in emit relatively more greenhouse gases revenues serve the same function.
from other states? The traditional fuel are taxed more heavily, under a VMT
tax is an inexpensive tax to administer; gas-guzzler and hybrid are taxed alike. Toward the longer term, government
a VMT, we believe, could not be. should carefully study all transportation-
The very concept of a VMT seems funding options. We’ve pointed out here
While technology is certainly capable highly problematic, as far as cost, some failings of the VMT as currently
of tracking vehicles and producing mileage collectibility, equity, and intrusiveness. envisioned, but a more narrowly
records, is its use in the administration A VMT at the state level would raise so focused mileage tax may have a place
of a VMT at all feasible politically? In the many questions about interstate traffic in a funding regime employing a mix
wake of the recent disclosures about the that it may not be feasible at all, while of taxing methods. In particular, states
NSA and allegations of misuse of taxpayer the administration of a federal VMT should recognize the vast experience
information by the IRS, one must doubt it would touch nearly every U.S. citizen of of tax administration to be found in
– particularly as IRS would presumably be driving age and be almost as immense their tax agencies, and employ it to
called on to administer any federal VMT. an undertaking as the income tax. inform transportation-funding studies.
At the very least, the use of technology in Fortunately, given the continued viability
this respect would be highly unpopular. But there’s no need for any government of the fuel tax, and other elements of
to implement a VMT, let alone rush to do the current highway-funding system,
How about equity? Although it appears so. The fuel tax is not obsolete and could, government probably has well more than
on the surface that a VMT would treat imposed at appropriate rates, continue for a decade to ponder and to experiment
alike all those traveling a given distance, many years to raise its share of funds for – carefully – with alternatives. TTN
the prospect of widespread evasion of highway construction and maintenance.

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CHRISTOPHER HALLORAN / SHUTTERSTOCK, INC Will the Trump
Administration

Drain the
Regulatory

Swamp
Affecting
Trucking?

BY DAVE OSIECKI

GUEST WRITER

Over the coming days and weeks, dozens of industries will be
trying to answer the question of how the regulatory agenda
will change under President Trump. No doubt it will change, and
certain industries are likely to see bigger shifts than others. But those in
trucking, from professional drivers to small and large fleet owners alike,
will be wondering how the robust regulatory agenda pursued under
President Obama will change. They will also be anxious to see how long it
will take to change.

Let’s start with timing…that is, how long will it take. The short answer
is, some change will be seen soon and some quite a bit later. The change
we might see quickly is likely by way of a freeze on regulations that are in
process but not yet implemented. Changes that will take more time are

CONTINUED ON PAGE 30

Q4 WINTER 2017 TENNESSEE TRUCKING NEWS • 29

CONTINUED FROM PAGE 29 “It’s a safe bet that some 4,000 new Trump appointees must be put
(perhaps much?) of that in place, with more than 1,000 requiring
those that proactively provide remedies, some type of congressional approval. For
incentives or safe harbors designed to regulatory work will many industries, including trucking, this
stimulate business activity. be at odds with Trump delay and the review time itself under a
Administration policy, and moratorium will provide some relief.
If President Trump follows through will find the cutting room (i.e.,
on his campaign promise to provide government cubicle) floor.” Turning to how the substance of the
“regulatory relief,” he will likely issue a trucking regulatory agenda might change, let’s
temporary regulatory ‘moratorium’ his on final regulations not yet published, or start with two rules of importance: electronic
first week in the White House. While the recently published proposed rules, will logging devices and new fuel economy
breadth and scope of such a moratorium is slow, or come to a complete halt, until a standards for large trucks. On electronic
uncertain at this point, it could mean that determination can be made whether those logging, while the compliance date was set
any regulation published by the Obama rules align with Trump Administration by the Obama Administration for December
Administration that’s not yet effective, policy. It’s a safe bet that some (perhaps 2017, technically speaking the ELD rule has
would be reviewed and scrutinized much?) of that regulatory work will be been effective since February of 2016. This
by President Trump’s new team. A at odds with Trump Administration effective date—established for ELD vendors
determination would likely be made on policy, and will find the cutting room (i.e., to begin certifying their devices—coupled
whether those rules should go forward government cubicle) floor. These decisions with the fact that Congress mandated the
and become effective, or whether they will take time, perhaps many months ELD rule and a federal Court of Appeals
should be withdrawn. More on this later as until Department and Agency heads are recently upheld it, likely means that it will not
it relates to electronic logging devices and nominated, confirmed by the Senate and be affected by a Trump-initiated moratorium.
the recent large truck fuel efficiency rules. in place. Recent news reports estimate The same could be true for the recently issued
A temporary moratorium is even more large truck ‘phase 2’ fuel efficiency standards,
likely to mean that ongoing agency work a key component of President Obama’s

Sometimes
People Must
Come Together
for a Mission

Thank You
Since 1954, the American Transportation
Research Institute and its predecessor have been
the trucking industry’s source for scientific data
and analysis on the many high priority issues
facing freight transportation today. If you or your
company has not contributed in the past, now is
the time to step up and do your part.
Step up and leave your footprint for the good of
the industry.
Visit www.atri-online.org to explore your giving
opportunities.

Photo: NASA
30 • TENNESSEE TRUCKING NEWS Q4 WINTER 2017

climate change action plan, although this rule 3. Speed Limiting Devices – Keep in mind, though, that these rules
was not congressionally directed. EPA and published as a proposed rule are intended to improve safety—both
NHTSA established an effective date of late in September 2016; industry safety and public safety—and
December 2016, which may keep President withdrawing safety-related rules could
Trump from slowing or outright reversing 4. National Drug & Alcohol prove difficult for the new Administration.
it, but the outcome on this is probably less Test Results Clearinghouse
certain than the ELD rule. – published as a final rule President-Elect Trump certainly
in December 2016 with an won’t be the first President to impose a
A Trump Administration moratorium is, effective date of January 2017, temporary regulatory moratorium. But,
however, likely to affect the progress or future and a compliance date of if his regulatory relief actions match his
of other trucking rules in the pipeline. Below January 2020; campaign promises, the number and
is a short list of some of the more prominent type of regulations affecting the trucking
or controversial trucking-related rules that 5. Entry Level Driver Training industry over the next four years is likely
will likely be snagged in the moratorium Standards – published as to be very different than that of the last 8
net, and either slowed or perhaps even a final rule in December years. TTN
withdrawn. 2016 with an effective date
of February 2017, and a Dave Osiecki, president of Scopelitis
1. Carrier Safety Fitness compliance date of February Transportation Consulting, LLC, has spent the past
2020; 30 years working at the regulatory agency overseeing
Determinations (using the the trucking industry and, more recently, as a policy
6. Financial Responsibility for and regulatory expert at the American Trucking
CSA system) – published as Carriers, Forwarders and Associations in Arlington, Vir. You may reach
Brokers – published as an Osiecki directly at [email protected]
a proposed rule in January advance notice of proposed
rule in late 2014, and awaiting
2016; further regulatory action.

2. Obstructive Sleep Apnea

– published as an advance

notice of proposed rule in

March 2016;

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J. J. Keller and your State Trucking TM PC 116644
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New TTA Members Tennessee Trucking News

CARRIER ALLIED ADVERTISING
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• SEC Auto Transport, Inc. • Insurance Information Exchange Adams and Reese LLP 12
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• Shah Trucking LLC • McAngus Goudelock & Courie Research Institute (ATRI) 30
BorgWarner 15
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Calendar of Events Fleetco, Inc. 21
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FEBRUARY MAY AUGUST Great West Casualty Co. 10

February 8-9 NATMI - May 4 ETN Big Rigs for Little August 8-9 NATMI- Navistar/International Inside back cover

Safety & DO T Compliance Kids Golf Tournament Maintenance Certification J. J. Keller & Associates 32
CSME & CDME-Music
MARCH May 10 MTN Big Rigs for Center, Nashville, TN Lite-Check 31
Little Kids Golf Tournament
March 9 Call on SEPTEMBER MHC Kenworth Inside front cover
Nashville Legislative May 23-24 NATMI –
Reception - Tentative Safety & DOT Compliance September 4 Holiday – Neely Coble Company, Inc. 6
Labor Day
March 20-24 NATMI - May 29 Holiday – Pivotal LNG/AG Resources 20
Safety Certification Memorial Day September 17-19 TTA

Program (MFSB & MMFSP JUNE 87th Annual Convention RapidWays 18
Certification Course) at Sandestin Beach Hilton, Rush Truck Center Back cover
June 13-14 NATMI – Driver Destin, FL Sleep Access
APRIL Trainer Certification Course 27
April 4-6 Call on OCTOBER
June 30 2017 Safety Breaks:

Washington I-40 East Rest Area at October 3-4 NATMI - Safety Southern Tire Mart 22
Dandridge, TN & DO T Compliance TA/Petro 25
April 4 NATMI - Accident TAG Truck Center/Freightliner
Investigation I-40 East Rest Area at NOVEMBER Tennessee Trucking News 8
Jackson, TN 33
April 6-7 TTA Technician November 1 NATMI
Skills Competition I-40 West Rest Area at – Transportation Risk
Dickson, TN Management
April 28-29 TTA Truck

Driving Championships I-75 North Rest Area at November 6-10 NATMI Trojan Battery 13

Athens, TN - Safety Certification This edition of Tennessee Trucking
Program (MFSB & MMFSP News was made possible with the support
JULY Certification Course) of these corporate advertisers, all TTA
members. They support the trucking
July 4 Holiday - TTA Office November 23-24 Holiday industry by enabling Tennessee Trucking
Closed - TTA Office Closed - Association to provide this publication to
Thanksgiving its members, prospective members, elected
July 11-12 NATMI - officials and the business community at
Safety & DO T Compliance DECEMBER large. They deserve your consideration and
patronage when making your corporate
tTrENNuESScEEkingNEWS OOTFRFFUTI CCHKIEAI TNL EGMNAANGSESASOSZ ECI NEI AET I O N December 22 & 25 Holiday
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Q4 WINTER 2017 Christmas
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RegOsvUeprtdimatee purchasing decisions. Thank you!

TAeTnRneI’sssTeoep-sTteynle, Please visit www.TNTrucking.org
P&reTsriudceknint gTrRumegps
TTA’soRnotahdeTReoaamd to see the digital version of Tennessee Trucking News

ThFWoirmasytpFlsaloennedt, with live links to advertisers’ websites.

Q4 WINTER 2017 TENNESSEE TRUCKING NEWS • 33

MemberSpotlight

Terry Minor

of Cumberland International Trucks
and TTA TruckPAC Co-Chairman

BY TODD TRAUB

CONTRIBUTING WRITER

Not even the space program had population through moving goods,” Minor, good experience,” said Minor, who enjoys
48, said. “It has given me a better knowledge the chance to provide a positive company
prepared Terry Minor for this. on where I fit into that equation by keeping culture while grappling with the many
trucks on the road for our customers.” changes, especially in technology and
Minor, now president and CEO of regulation, that affect trucking.
Cumberland International Trucks, was in A native of Alabama who now resides
his second day with the dealership when he in Brentwood, Minor spent time with the “On my side of the business the
found himself in the driveway looking at an U.S. Army in Europe before attending challenges all revolve around technology
upside down truck in which a customer had Jacksonville State. He met his wife Kristin, to meet EPA standards and the technician
tried, and clearly failed, to negotiate a turn. thanks to an introduction by his brother shortages that all dealers face,” Minor said.
who shared a biology class with her. “The next challenge is that as the trucks get
Stints at NASA and supervisory jobs with smarter with health reports, and the ability
Carolina Freight and Averitt Express had Married 27 years, with a son Taylor soon to communicate with dealers rolling down
not given Minor the experience to deal with to be married and a daughter Calleigh soon the road improves, how we attract that
such a traffic-blocking turn (so to speak) of to graduate the University of Tennessee, business to our dealership will be key.”
events. It was on-the-job training with the Minor enjoys time at the lake and in his
emphasis on “job” and “training.” garden. When the travel bug strikes he “As dealers we are going to have to get
and Kristen, with their dogs, take to the more efficient and educated on all shifts in
“It was the first day I realized I was truly highways in the couple’s tricked-out bus the business to address 24/7 and customers
in charge and it was also the day I realized and they also completed a recent trip to that will have better visibility into our
how much I didn’t know and needed to Australia. organizations.”
learn,” Minor said. “It put me on a crash
course to learn how to manage in a crisis Minor graduated Jacksonville State with Speaking of organizations, Minor has
scenario while providing confidence to a degree in industrial management and been happy to serve a number of roles
our staff on what we need to do, how we to worked for NASA as a safety and mission with the Tennessee Trucking Association,
do it and the sense of urgency to make it assurance engineer and as a reliability helping its efforts to represent the needs of
happen.” engineer working on the International the industry to the federal and Tennessee
Space Station. Space agency cutbacks governments.
Sorting out the mess and filing the and a baby on the way led Minor to work
whole episode under “experience,” Minor as outbound supervisor on the docks “I have served on the board for several
didn’t let the mishap sour him on his job. at Carolina Freight, and he eventually years and currently co-chair the PAC
It hasn’t all been overturned trucks, but the wound up at Nashville-based Cumberland position on the board,” Minor said. “The
challenges of working in the trucking and International as a sales manager, setting him trucking association does a wonderful job
transportation industry have educated him on his path to leadership. making sure that our common interests are
and given him a greater understanding of heard in Washington and the state. What
his role as an industry member. “All days revolve around making sure affects our industry ultimately affects all
we sell something and the customer has a industries.” TTN
“It has made me more aware of the
unique purpose our industry brings to the

34 • TENNESSEE TRUCKING NEWS Q4 WINTER 2017

IIFFNNIINNTTRRAAOOLLLLDDYYUUAACCIITTNNRRGGUUTTCCHHKKEETTIIHHNNAATTTTEERRWWNNOOAARRTTKKIIOOSSNNAAAASSLLHH®® HHAAXXRR™™DDSSAAEESSRRIIYYEEOOSSUU.. ..

Cumberland International Trucks Landmark International Trucks Volunteer International Tri-State International Trucks
www.cumberlandtrucks.com www.landmarktrucks.com www.volunteerintl.com www.tristateinternational.net
Nashville TN, (615) 256-4633 Knoxville TN, (865) 637-4881 Jackson TN, (731) 422-3411 Union City TN, (731) 885-9302
Murfreesboro TN, (615) 427-4600 Cookeville TN (931) 738-0480 Lee-Smith Murray, KY, (270) 753-1372
Summit Truck Group Morristown TN, (423) 586-8558 www.lee-smith.com Bowling Green, KY, (270) 843-9031
www.summittruckgroup.com Chattanooga TN, (423) 622-4161 Oak Grove, KY, (270) 605-5301
Memphis TN, (901) 527-5654
Memphis TN, (901) 345-6275

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