SDTA Mar 2013 Trucking News

MARCH 2013

MARCH 27, 2013Chairman’s Message.............................................3

President’s Message..............................................5

2013 SD Log Haulers Conference Agenda............6

Guest Message From SD Log Haulers Association’s Vice President Bruce Votroubek..................................7

2013 S.D. Log Haulers Conference Registration Form......................................................................9

Thank You To Parker Moving & Storage................9

One Test Could Save Your Life.............................11

Winners Named in TCA’s 2012 National Fleet Safety Awards.................................................................13

March Driver of the Month...................................15

Agency Tells ATA Hours Compliance Date Will Not Be Delayed................................................................17

511, SafeTravelUSA Add Commercial Vehicles Information and National Weather Service Warn-ings......................................................................21

Welcome New SDTA Members............................23

Condolences........................................................24

Final Legislative Bill Log......................................25

Warehouseman & Movers Conference Agenda....26

Final Legislative Bill Log Continued.....................27

Warehouseman & Movers Conference Registration Form....................................................................28

CDL Schools Say Proposed Training Standards Would Make Driver Shortage Worse...............29-31

HOS Rules Poster................................................33

Membership Drive Chart......................................35

Driver of the Month Rules & Nomination Form...............................................................36-37

SDTA Regular & SDTA Associate Membership Appli-cations.............................................................38-39

Board of Directors List.........................................40

Wyoming Enacts Fuel Tax IncreaseWyoming House Bill 69, legislation to increase by 10 cents the state fuel tax, was signed into law by Governor Matt Mead (R) February 15. Consequently the state tax on gas-oline and diesel will go from 14 to 24 cents on July 1, 2013. It is the first time Wyoming has increased fuel taxes since 1998.

The legislation was supported by the Wyoming Trucking Association as the most effective means of raising revenue

for much needed infrastructure improvements. Opponents of the increase favored pursuing tolls on I-80 (as they seem-ingly do every year) and, after failing to gain traction on that front, went so far as to propose a new weight-distance tax for trucks. Both initiatives were soundly defeated by WTA and allies in the legislature.

The fuel tax increase is estimated to raise about $71 million for the 2014 fiscal year. Approximately $47 million would go toward state highways, $16 million for county roads, $6.7 million for city and town roads, and $1.2 million for state parks, including such things as road, boat ramp, off-road and snowmobile trail maintenance. Wyoming residents can expect to pay an additional $114 per year for fuel on aver-age, according to state estimates.

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SDTA is now emailing its South Dakota “Trucking News” publication out monthly. If you and your staff would like to receive this publication via email, please complete this form and return it to the SDTA office:

Company:

Address/City/State/Zip:

Name(s) Email(s)

Remit to the SDTA office:SDTA • PO Box 89008 • Sioux Falls, SD 57109-9008 • Fax: 605-334-1938 • [email protected]

http://www.peterbiltofsiouxfalls.com

http://www.norpass.net

Moisture. It sure was great to see the rain fall-ing recently in the Sioux Falls area, along with snowfall throughout a good portion of the state. I certainly hope we don't see another year like last year. Regardless what segment of trucking you are involved with in our state, we are still heavily affected by the success of the agricultural com-munity. Let's hope and pray we see a wet spring!

Despite some of the gloom and doom and politi-cal posturing, it appears our economy is steadily getting on firmer ground. Our federal govern-ment recently struggled once again on budget

matters along with the usual "the sky is falling" forewarning. Meanwhile, auto sales hit 15 million units annualized over the past four months, hitting that mark for the first time in nearly 5 years. The U.S. economy appears to be gaining momen-tum in the first quarter, despite immediate increased payroll taxes and scheduled government budget cuts. Consumer spending is up along with faster employment growth. We are seeing rising home values and stock prices that have reached a new all-time high in the U.S. I suspect I am not alone in saying that it has been a bloody business trail starting in the later part of 2007. It will be good to see continued improvement in our overall economy with more freight to ship and hopefully more pricing stability.

I recently read an article about why employees leave their employers. One item that usually quickly comes to mind is pay. Actually pay was not at the top of the list. Here are the findings of the research on why employees leave:

• Not treated with respect or dignity• Prevented from making an impact• Not being listened to• Not being rewarded• Not enough pay

I consider every member of our association as leaders in your respective company and your communities. As a leader, what are you doing in your company to counter the top 4 on this list? For those that enter drivers in the Truck Driving Champion-ships, it looks to me like you would cover the top 4 categories in one motion. If you have not yet done so, be sure to mark May 11 on your calendar and plan to attend the SDTA Truck Driving Championships. There is still time to get your drivers regis-tered so make it a priority on your "to do" list.

In the meantime, be safe and enjoy the beginning of Spring!

Rick Hoogendoorn, Director of Customer ServiceYRC Freight

CHAIRMAN’S MESSAGE

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SDTA’S EXECUTIVE COMMITTEERick Hoogendoorn, Chairman of BoardMike Habeck, Vice ChairmanDavid Bultsma, TreasurerJeff Gillespie, SecretaryAlton Palmer, Past ChairmanMyron L. Rau, PresidentMike Habeck, ATA Vice President

SDTA’S BOARD OF DIRECTORSJustin AndersLinda BickfordKimberly BonhartLloyd BultsmaRobert ChristianBrian ClarkArt DonovanBryan EdenRandy Hartley Jerry JohnsonLarry KlaahsenStan KopfmannJerred KoppmannTim MillerBen OldenkampJerry Ollerich Matt ParkerRobert PuntWade Stebbins Dan SwensonDave StoterauLyn TschetterJohn UhlJeff WatkinsBud WestendorfGene WilliamsBob Willey

SDTA’S PAST ChAIRPERSOnSStan AndersLarry AndersonRobert Appelwick Ted Bultsma Rich Burns Darrold Dean Bernard FeldhausAlton PalmerJeff Parker Gene PhillipsMichelle SchipperRandy ThompsonWayne ViessmanStephen Willers

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http://www.transportrefrig.com

I will start by discussing and complaining about the weather in South Dakota. We have certainly had a variety of winter weather across the state. Balmy temperatures in the West to extreme amounts of snow and wind in the Northeast. The Sioux Falls area has had normal snowfall coupled with quite a bit of rain. At present, I am concerned that March will not let us go; the cur-rent temperature is only 15 degrees! I am tired of being cold.

Well, not only did I again mentally and physi-cally survive the legislative session, the SDTA

Membership did not lose anything either. In fact, we again experienced some gains. I am sure by now that you are aware of the success we had in the 2013 Legislative Session. There were no new fuel or license plate tax increases and the worker compensation bills went the way we wanted. I would like to high-light a couple of Bills that went through the State Legislature and should be of interest to SDTA Members. There was one piece of legislation authored and solely carried by the SDTA and a related one authored and solely carried by your sister association, the South Dakota Automobile Dealers Association (SDADA). The SDTA Bill was SB 154 that legalized weights of up to 600 pounds per inch of tire width on spread axles equipped with wide based super single tires (tires with a width of 445 mm or greater). This should eliminate issuance of overweight citations for units that are legal in other states. The SDADA Bill was HB 1141 that removed the 13 ton cap from Dealer “88” License Plates. Under current law, car dealers could use a commercial “88” plate for haul-ing inventory replacement units up to 13 ton GVW. Under the the new law, the heavy truck dealers can also use a commercial “88” plate for hauling inven-tory replacement units without a maximum weight plus a potential buyer can demonstrate a unit for up to 72 hours and operate as a commercial carrier. For those that would like a better explanation of what HB 1141 and SB 154 actually do, please call me and I can attempt to explain it further.

It appears that the new hours of service rules will take effect as scheduled. The American Trucking Associations continues all attempts to delay imple-mentation until the justification science is complete; however it appears that we will not prevail in time.

It is certainly nice to be back in my office in Sioux Falls. The mounds of paper on my desk are starting to get smaller and the staff is again getting used to my presence. It is to be hoped that it will soon be time to put the golf clubs into the car and uncover the Harley Davidson (and of course put on a new coat of wax).

Until next month, stay SAFE and think Spring!

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South Dakota Trucking Newsis published monthly by the

PO Box 89008Sioux Falls, SD 57109-9008

Phone: 605-334-8871Fax: 605-334-1938

www.southdakotatrucking.com

AnnuAl SubScription:$35.00

SDTA STAFF MEMBERS

MyRoN L. RAuPresident

[email protected]

MiCHELLE WELLSExecutive Assistant

[email protected]

PAM KoLSETHComptroller

[email protected]

JAy STEENSMAPrintshop Manager

[email protected]

PATTy HiNzOffice Assistant / Graphic Designer

[email protected]

Please join us for the

Black Hills Log Haulers SeminarTuesday, April 9th, 2013

Deadwood Mountain Grand Hotel & Casino1906 Deadwood Mountain Drive • Deadwood, South Dakota 57732

Tentative Agenda10:00-10:30 OPeninG, Myron Rau, President, SD Trucking Association and Robert Christian

10:45-11:15 PLAnninG YOuR ReTiReMenT Presented by: Dave Donat, LPL Financial Advisor

11:15-12:00 Review Of 2013 LeGiSLATive SeSSiOn Presented by: State Senator Bob ewing and Myron Rau, President, SD Trucking Association 12:00-1:00 LunCH (On Your Own – Lunch Specials Available) 1:15-2:15 wYOMinG DePARTMenT Of TRAnSPORTATiOn - MOTOR CARRieR DiviSiOn

2:15-3:00 TODAY’S fueLS AnD LuBRiCAnTS, CBH Cooperative-Cenex

3:15-3:45 inSuRAnCe, PRORATe AnD wORkeR’S COMP Presented by: Linda Bickford, Quality Truck Insurance

3:45-4:15 TODAY’S TiRe COnSTRuCTiOn AnD PROPeR TiRe CARe Presented by: Rick underwood, Dale’s Tire & Retreading, Inc. 4:30-5:30 HAPPY HOuR (Cash Bar)

5:30-6:30 DinneR

Registration fee: Members $25 (per person) non-members $51 (per person)Anyone who pays their dues on or before April 9th registration fee is $25. Dinner is included with registration fees.

Please register by filling out the Registration form and mailing it to the Black Hills Log Haulers Association by April 6th.

Everyone is invited to register and attend. Check-in will be in the hotel lobby.

PO Box 316 Spearfish, SD 57783

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FROM THE DESK OF

Bruce VotroubekVice President of the Black Hills Log Haulers Association

While Robert is recovering from his shoulder surgery he has asked me to fill in this month with the newsletter, so here goes.

As you are reading this we are more than likely in our spring break-up period. After the last 5-6 month push to fill mill inventories we find ourselves facing the inevitable time of year that the frost goes out of the ground and hoping that this year will be a shorter rather than a longer break. We also hope that we have had a good enough season to set enough funds aside to make payments, do spring maintenance, pay continuing overhead costs, personal expenses, pay taxes for last year, etc. and maybe have a little left to enjoy the time we have when we can’t work. After 40 years in the timber business, one thing I haved learned about spring break-up is, whether you are prepared for it or not, it hap-pens every year ~ some long, some short. Here’s hoping that this year is short and that everyone is prepared well for it. As for myself, the older I get the more I look forward to this time of year. A few weeks of R&R does this old body wonders.

By now I hope everyone has heard about the seminar on April 9th and has set aside that day to be in Deadwood at the Mountain Grand. It will be a very informative day and there will be a little fun thrown in as well. This would also be a great time for anyone interested in becoming a member or an associated member to come and see what we’re all about. See the agenda on page 6 and the registration form on page 9 of this publication.

We would also like to extend our condolences to the families of C.W. Anderson, long time log hauler, musician, inventor and all around great guy. C. W. passed away February 28th and will be missed by all that knew him.

From behind the desk of Robertthis is

Bruce Votroubek, Vice President Black Hills Log Haulers Association

SDTA Truck Driving Championships – Saturday, May 11, 2013, at the Sioux Empire Fairgrounds in Sioux Falls.

Warehouseman & Movers Conference – (tentative) May 17 through 19, 2013, at the Blue Bell Lodge in Custer State Park.

Wheel Jam at the South Dakota State Fairgrounds in Huron - May 31 through June 2, 2013.

SDTA Summer Board Meeting – 8:00 a.m. on Thursday, June 13, 2013, at the Clubhouse Inn & Suites, Pierre. The Executive Committee will meet in the evening of Wednesday, June 12, 2013.

Annual Meeting of the Agricultural Commodities Conference and the Log Haulers Conference at the Clubhouse Inn & Suites, Pierre starting at 1:00 p.m. on Thursday, June 13, 2013. The Calcutta for the Annual Cliff Tjaden Fishing Event will take place over dinner that evening.

Annual Cliff Tjaden Fishing Event on Friday, June 14, 2013, with boats launching on the Missouri River at 8:30 a.m. and returning for weigh-in at 3:30 p.m. with dinner to follow at the Redrossa Restaurant next to the Clubhouse Inn & Suites, Pierre.

SDTA East River Golf Outing at the Brandon Golf Course – 10:00 a.m. shotgun start on Thursday, June 20, 2013.

SDTA West River Golf Outing at the Elks Golf Course – 10:00 a.m. shotgun start on Friday, June 28, 2013.

6th Annual West River Poker Run for Truck PAC, Saturday, June 29, 2013 in the Rapid City area.

National Truck Driving Championships – August 20 through 24, 2013 in Salt Lake City, UT.

SDTA Annual Convention – Sheraton Hotel and Convention Center, Sioux Falls, SD on September 4 through 6, 2013.

SDTA Fall Executive Committee Meeting - Crossroads Hotel & Event Center, Huron at 6:00 p.m. on Wednesday, November 13, 2013, with dinner served during the meeting.

SDTA Fall Board Meeting – Crossroads Hotel & Event Center, Huron at 10:00 a.m. on Thursday, November 14, 2013, with the Annual Guided Pheasant hunt scheduled to start at 10:00 a.m. on Wednesday, November 13th at Stan’s Inc., east of Alpena, SD.

East River Legislative Reception - Callaway’s, 500 East 69th Street, Sioux Falls on Wednesday, December 4, 2013, from 5:30 to 7:00 p.m. (east river time).

West River Legislative Reception - Rushmore Plaza Holiday Inn, Rapid City - Monday, December 9, 2013, from 5:30 to 7:00 p.m. (west river time).

DATES TO REMEMBER

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The South Dakota Trucking Association would like to thank Parker Moving and Storage, Sioux Falls, for helping with the

pickup, delivery and storage of office furniture during our remodel process.

We are glad to have completed the lengthy process. The office looks great!

Feel free to stop by for a personal tour any time. The office hours are Monday through Friday, 8:30 a.m. to 5:00 p.m.

~ From The Entire Staff At The SD Trucking Association

PLeASe ReTuRn COMPLeTeD ReGiSTRATiOn fORM & ReGiSTRATiOn fee BY APRiL 6TH TO:

Black Hills Log Haulers Seminar Registration form10:00 a.m. • Tuesday, April 9th, 2013 • Deadwood Mountain Grand Hotel & Casino

1906 Deadwood Mountain Drive • Deadwood, South Dakota 57732

Registration fee: Members $25 (per person) non-members $51 (per person) Anyone who pays their dues on or before April 9th registration fee is $25. Dinner is included with registration fees.

Company Name:___________________________________________________________________________________________

Attendee(s): ______________________________________________________________________________________________________

Address: __________________________________________________________________________________________________

City:______________________________________________________ State:___________ Zip Code:_____________________

PO Box 316 Spearfish, SD 57783

http://www.rascompanies.com

By Dan Heinemann, MD

Listen, I get it. I’ve heard all the excuses. I know that talk-ing about cancer is no fun. I know that having a colonos-copy is a less than enjoyable. But here is something else I know and it’s something that shouldn’t be ignored: colon and rectum cancer screen-ings can and do save lives.

If you don’t want to take my word for it, Brett Baloun MD, is an expert from Sanford Gastroenterolgy Clinic in Sioux Falls. He says, “Can-cer of the large bowel and rectum is the third most often found cancer in men and women and the second high-est cause of cancer death for men and women in this country.”

In fact, the American Cancer Society’s most recent esti-mates for the number of co-lon and rectum cancer cases in the US for 2012 show more than 103-thousand new cases of large bowel cancer and more than 40-thousand new cases of rectal cancer.

Know the risksColon cancer happens when abnormal cells grow in the

lining of the large bowel or rectum. And the risk of get-ting colon and rectum cancer is about 1 in 20. But know-ing the risks, combined with regular tests can save your life.

Risk causes for making colon and rectum cancer take in:

• Age – most patients are older than 50

• Growths or painful bowel illness

• Family record of colon and rectum cancer

• Past history of ovarian or breast cancer

• Food high in red or processed meats

• Being overweight

• Exercising too little

• Smoking or drinking alcohol

Plan your screen“Unfortunately, there are typi-cally no early sign of troubles for colon and rectum cancer,” says Dr. Baloun. “That’s why it’s so important to get screened. Luckily, colon

cancer is very treatable when it’s found early.”

Colon and rectum cancer starts in the form of small growths, which can be harm-less growths or pre-cancer growths on the inside surface of the large bowel. There are more serious growths that are removed to keep them for turning into cancer in the future.

“The American Cancer Society suggests colon and rectum cancer testing start-ing at age 50 for both men and women with normal risk,” says Dr. Baloun. “If some-one in your family had the disease or if you have other risks, you should talk with your doctor about starting those screens sooner.”

This is national colorectal cancer awareness month. It’s the perfect time to make an appointment for that impor-tant screen that you’ve most likely been putting off. Take care of yourself and look out for number one.

One test could save your life

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A.J. SwansonArvid J. Swanson PC

27452 482nd AvenueCanton, SD 57013

(605) 743-2070www.ajswanson.com

• Corporate Law• Business Formation• Real Estate Transactions• Agricultural Law• Sales & Use Tax Law

• Estate Planning• Probate• Administrative Law• Zoning & Planning Law• Transportation Law (Motor Carrier Emphasis)

HAVE YOU SENT IN YOUR INDICATION OF INTEREST FORMS TO SIGN UP YOUR DRIVERS FOR THE

GO TO THE SDTA WEBSITE AND DOWNLOAD THE iNFORMATION OR CALL THE SDTA OFFICE AT 605-334-8871.


http://www.dakotacare.com

http://www.ajswanson.com

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Winners Named in TCA’s 2012 National Fleet Safety AwardsFebruary 20, 2013

The Truckload Carriers Associa-tion has selected 18 companies as division winners in its 37th annual National Fleet Safety Awards.

Sponsored by Great West Casu-alty Company, the awards rec-ognize trucking companies that demonstrate a superior commit-ment to safety and accident reduction.

“These division winners are examples of what to do right when it comes to operating safely,” said Harry Kimball, chairman of TCA’s Safety & Security Division and vice president of risk management for Western Flyer Express. "Being named the safest truckload carriers in the nation is not easy. They should be very proud of their achievement.”

Fleets applying for the awards have completed the first of a two-step process. First, their accident frequency per million miles driven was calculated for each of six mileage-based divisions. The top three division winners were selected and have been audited by an independent expert to verify their accident frequency numbers.

All division winners are now eligible to compete for two grand prizes, one in the “less than 25 million annual miles” category and one in the “25 million or more annual miles” category.

To win the grand prize, companies will be judged on their overall safety programs, both on- and off-highway, including employee driver/independent contractor selection procedures, training, supervision, accident investigation, inspection and maintenance of equipment, and outside activities including general highway safety.

As with the division winners, the two grand prize winning companies will be honored at an awards ceremony to be held during TCA’s Annual Convention and then again during TCA’s Safety & Security Division Annual Meeting.

Below are the names of the 2012 top divisional winners based on low accident frequency ratios per million miles. Companies are listed according to the order that they placed within each category.

Division I Winners (Less than 5 million miles)1. FTC Transportation, Inc., Oklahoma City, Okla.2. Weinrich Truck Line, Inc., Hinton, Iowa3. AAT Carriers, Chattanooga, Tenn.

Division II Winners (5-14.99 million miles)1. Fortune Transportation, Windom, Minn.2. Southland Transportation Co., Boonville, N.C.3. Brian Kurtz Trucking, LTD, Breslau, Ontario

Division III Winners (15-24.99 million miles)1. A&A Express, Inc., Brandon, S.D.2. Convoy Systems LLC, Kansas City, Kan.3. Fleetmaster Express Inc., Roanoke, Va.

FAr LEFT: LArry ANDErSoN, A&A ExprESS, INC., BrANDoN, SD, DIvISIoN III FIrST pLACE WINNEr

Division Iv Winners (25-49.99 million miles)1. Halvor Lines, Inc., Superior, Wis.2. N. Yanke Transfer Ltd., Saskatoon, Saskatchewan3. Fremont Contract Carriers, Inc., Fremont, Neb.

Division v Winners (50-99.99 million miles)1. Groupe Robert, Inc., Rougemont, Québec2. Hirschbach Motor Lines, Inc., East Dubuque, Ill.3. Navajo Express, Inc., Denver, Co.

Division vI Winners (100 million or more miles)1. Bison Transport, Inc., Winnipeg, Manitoba2. Gordon Trucking, Inc., Pacific, Wash.3. FFE Transportation Services, Inc., Lancaster, Texas

Reprinted from Truckinginfo.com

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• Full Service and PartS• Major tank rePair & teSting• aSMe r StaMP Facility • hydroStatic, d.o.t., viSual certiFication & inSPectionS

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You All Know Who Your Best Drivers Are....Do You Recognize Them?The SDTA Safety Management Council has a Driver of the Month Program that can help you do just that. The rules and a nomination form are printed on pages 28 and 29 of this publication.

TAke The TiMe To give your BeST of The BeST The reCogniTion They DeServe!

The Driver of the Month Program is Sponsored by the

Safety Management Council of the

Mark Your Calendars:The 2013 South Dakota Truck Driving

Championships are May 11th.

http://www.siouxlandtrailersales.com

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SDTA OFFICE NUMBERS

Telephone 605-334-8871

Fax 605-334-1938

EXECUTIVE COMMITTEE MEMBERS

Rick Hoogendoorn 605-330-6920

Mike Habeck 605-892-2644

David Bultsma 605-337-2242

Alton Palmer 605-343-6042

Jeff Gillespie 605-339-8400

MISCELLANEOUS NUMBERS

Governor’s Office 605-773-3212

Sec. of Transportation 605-773-3265

Secretary of Revenue 605-773-5131

Div. of Motor Vehicles 605-773-3541

SD Highway Patrol - HQ 605-773-3105

SDHP Motor Carrier Services 605-773-4578

Public Utilities Commission 605-773-3201

SD Driver Licensing 605-773-6883

FMCSA - Pierre 605-224-8202

Susan Gregory - Extension 221

Mark Gilmore - Extension 222

Noel Gabriel - Extension 223

Jeff Ellett - Extension 224

Dudley Feige - Extension 1

William Moravec - Extension 2

ALVIN PLOENPLOEN TRUCKING, INC., BRANDON, SD

MARCH 2013DRIVER Of THE MONTH

Alvin Ploen, Ploen Trucking, Inc., Brandon, SD, has been selected as the March 2013 Driver of the Month by the South Dakota Safety Management Council.

Mr. Ploen has logged over 3.15 million accident-free miles in a professional driving career that spans 30 years.

Alvin is a Trucker Buddy for the Brandon School Dis-crict. He is a participant of the South Dakota Chap-ter of the World’s Largest Truck Convoy for Special Olympics. He is a very accomplished driver and busi-nessman. He is always wanting to stay on top of any regulation changes and always delivers a message to the public displaying professionalism and courteous acts towards the motoring public. Alvin prides himself on having such a good safety record, as he knows how valuable safety really is.

Alvin resides in Brandon, SD. He is the parent of two children, Tanner, 18 and Mikayla, 15.

SDTA joins the Safety Management Council in congrat-ulating Alvin Ploen for being selected as the March 2013 Driver of the Month.

Specializing in Transportation Risk, Business, Auto, Home & Bonds

http://www.butlermachinery.com

http://www.zomertrucks.com

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Agency tells ATA hours compliance date will not be delayed The Federal Motor Carrier Safety Administration has denied the American Trucking Associations’ request to postpone the compliance date for hours-of-service rule slated to be implemented July 1. ATA’s letter, from president Bill Graves, asked for the compliance date to be pushed to three months after a ruling is made in an ongoing court case between ATA and FMCSA over the rule.

In FMCSA’s response Chief Counsel Scott Darling says the agency does not “believe [ATA] demonstrated good cause to delay the compliance date of the rule” and that “mere uncertainty over the possible outcome of the litigation” did not constitute a situation in which the industry would “suffer harm” due to confusion or time lost to training.

The rule is set to go into effect July 1, and ATA is scheduled to present oral arguments against it March 15 in front of a three-judge panel in a District of Columbia appeals court. Graves said in his letter that delaying the effective date would avoid unnecessary training.

Darling says in the letter ATA’s request is more or less a request for a stay, and that Graves’ letter did not outline suf-ficient criteria to be granted a stay.

Dave Osiecki, ATA’s senior VP of policy and regulatory affairs, responded to the agency’s letters, saying ATA is disap-pointed about the denial of the group’s request and that carriers, shippers and enforcement agencies will “have to spend time and money on training and adapting systems to a rule whose final form will not be certain until the court issues its decisions.”

Osiecki says that because the court date is scheduled for March 15, any delay would have likely been short, and that the Commercial Vehicle Safety Alliance, the National Industrial Transportation League and the National Association of Manufacturers all would benefit from getting a full three months after the court decision to prepare for the changes.

Here’s the bulk of osiecki’s statement:

FMCSA’s denial acknowledged that the relevant question should be whether there is “good cause” for delay. But the agency didn’t address whether avoiding confusion and waste of carrier, shipper, and Federal and State enforcement (taxpayer) dollars amounted to “good cause”. Instead, it ap-plied an irrelevant legal standard a court would apply if a party asked the court to order the agency to forbear—a far higher standard. ATA went to FMCSA, rather than straight to the court, because we gave the agency the benefit of the doubt that it would treat our reasonable request in good faith. Their decision to apply irrelevant standards makes it clear that FMCSA isn’t interested in giving a fair hearing to the industry’s reasonable requests.

- See more at: http://www.ccjdigital.com/agency-tells-ata-hours-compliance-date-will-not-be-delayed/#sthash.0wePv9aV.dpuf

Reprinted from the Commercial Carriers Journal

Get Registered Today!

Recognizing YouR cReam of the cRop?

NOMINATE YOUR BESTFOR SDTA’S DRIVER OF THE MONTH

RULES AND A NOMINATION FORM ARE ENCLOSED ON PAGES 28 AND 29 OF THIS PUBLICATION. FEEL FREE TO CALL THE

SDTA OFFICE IF YOU HAVE ANY QUESITONS AT 605-334-8871.

NO EXPERIENCE NECESSARY!

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Call Jay for a quote at 605.334.8871

Let us save you some $ on all of your printing needs!

Letterhead Envelopes Flyers

Notecards Brochures Forms

Business Cards Postcards Banners

AND SO MUCH MORE!!!

http://www.bhucare.com

Each driver participates in a:

• Pre-Trip Inspection;• Skills Test (Driving Course); and • Written Exam (questions taken

from the 2013 Facts For Driver book provided to each entrant)

What can the South Dakota Truck Driving Championships offer you?

• Great opportunity for drivers to showcase their talents.

• Test the skills you use on the road every day.

• Your entire career is based on staying as far away from obstacles as possible ~ take this chance to see how many points you can earn by getting as close as possible to an obstacle on the course without hitting it.

• Master your pre-trip inspection skills.

• All first, second and third place winners will receive plaques. The Champion from each class will represent South Dakota at the

ATA National Truck Driving Championships, in Salt Lake City, Utah, on August 20-24, 2013.

Call SDTA with questions at

605-334-8871

Get your drivers signed up to participate!

Department of Transportationoffice of the Secretary700 E. Broadway AvePierre, SD 57501Phone: 605-773-3265FAX: 605-773-3921Web site: www.sddot.com

For Immediate Release: Friday, March 8, 2013Contact: Kristi Sandal, Public Information Officer, 605-773-3265

511, SafeTravelUSA Add Commercial vehicle Information and National Weather Service Warnings

PIERRE, S.D. - The South Dakota Department of Transportation has added commercial vehicle information to its phone-based 511 Traveler Information Service and SafeTravelUSA.com/sd website.

This week, SafeTravelUSA began displaying commercial vehicle information, including seasonal load restrictions posted on state highways during the spring thaw.

The web site’s map shows where 6-, 7-, or 8-ton per axle weight limits that are currently in effect or may be needed later in the spring. Other temporary restrictions on commercial vehicle weight and size related to construction, incidents, or other conditions are also shown.

The SafeTravelUSA map can be “zoomed” to show every Interstate, U.S., and state highway in the state. SDDOT’s 511 Traveler Information Service provides the same information verbally.

The 511 service also informs travelers of National Weather Service Warnings for flash floods, severe thunderstorms, tornados, blizzards, ice storms, and winter storms affecting all Interstate, U.S. and state highways in South Dakota. The NWS Warnings are planned to become available on SafeTravelUSA sometime in April.

The Department of Transportation provides 511 and SafeTraveUSA.com/sd as free services to improve safety and convenience for highway travelers. Both services provide information on road conditions, highway construction, events and incidents that affect traffic, as well as weather affecting travel.

Travelers can access South Dakota’s phone-based system by simply dialing 511 anywhere in South Dakota, or 866-697-3511 toll-free outside the state.

Spring Load Limit information can be also be found on the SDDOT website at: http://www.sddot.com/travelers/loadlimits/Default.aspx or you can sign up for the mailing list here: http://www.sddot.com/travelers/mailinglists/Default.aspx

21

434 S. Kiwanis Ave., Suite 2Sioux Falls, SD 57104

Phone: (605) 336-4444Fax: (605) 582-8406

rstough@fi scherrounds.com

Meadow Creek Trucking LLCRobert Schaaf22830 159th AvenueNew Underwood, SD 57761Phone: 605-390-5535Email: [email protected]: Contract / Exempt / Feed / Flatbed / Owner-Operator / TankRecommended by: South Dakota Highway Patrol

Drivewyze, Inc.Marc Nichols4518 101 Street NWEdmonton, AB, Canada T6E 5G9Email: [email protected]: Service Supplier / Bypass ServiceRecommended by: SDTA

WELCOME NEW SDTA MEMBERS

23

http://www.fischerrounds.com

In Memory of:

nAME:

Name:Company:Address:City/State/Zip:

CondolencesLinda Nastase November 20, 1932 ~ February 17, 2013

Linda Nastase passed away on February 17, 2013, at the age of 80. Linda was the wife of Sam Nastase, former SDTA member. Please keep the Nastase family in your thoughts and in your prayers.

Donations to the South Dakota Trucking Association Foundation can be made in honor of those lost.

http://www.arrowtruck.com

25

HB 1017: Establish and revise certain provisions, bond amounts, fees, and penalties related to the regulation of grain warehouses and grain buyers.

SDTA’s Positions: Neutral Status: Signed by Governor

HB 1037: Define the requirements for the sale of certain octane petroleum products.

SDTA’s Positions: Support Status: Tabled by the sponsor due to compromise with HB 1091

HB 1050: Make an appropriation for costs related to the suppression of mountain pine beetles, to establish a cost share program with the counties in the state, and to declare an emergency.

SDTA’s Positions: SupportStatus: Signed by Governor

HB 1080: Include certain speeding of-fenses in the point system for traffic vio-lations for the purposes of driver license records.

SDTA’s Positions: WatchKilled in Committee - Smoked out - Passed House

HB 1089: Require statewide livestock ownership inspection.

SDTA’s Positions: WatchStatus: Killed on House Floor

HB 1091: Establish certain provisions regarding the labeling of motor fuel at a retail fuel pump.

SDTA’s Positions: OpposeStatus: Signed by Governor

HB 1097: Revise certain provisions re-lating to an employer’s denial of work-ers’ compensation claims.


HB 1129: Prohibit businesses and em-ployers from establishing certain poli-cies against the ability of an invitee or employee to store firearms and ammu-nition in a locked motor vehicle parked on the premises.

SDTA’s Positions: NeutralStatus: Killed in Committee

HB 1142: Promote patient choice in se-lecting health care providers.

SDTA’s Positions: OpposeStatus: Killed on Senate Floor

HB 1157: Increase certain penalties re-garding the sale of petroleum products.


HB 1228: Give producers priority to re-cover on a bond seized by the state from a public grain warehouse or grain buyer.

SDTA’s Positions: OpposeStatus: Killed on House Floor

SB 21: Eliminate ownership inspection for horses and mules.

SDTA’s Positions: WatchStatus: Killed on Senate Floor

SB 40: Require certain receipts of deliv-ery to grain elevators be kept and to es-tablish certain penalties for overweight vehicles and trailers.

SDTA’s Positions: OpposeStatus: Killed in Senate Committee

SB 41: Revise certain provisions regard-ing the requirements for school bus in-spection and to authorize the Highway Patrol to approve school bus inspectors.

SDTA’s Positions: NeutralStatus: Signed by Governor

SB 42: Update references to federal regulations regarding safe transport of hazardous materials.

SDTA’s Positions: SupportStatus: Killed in Committee

SB 43: Revise certain provisions re-garding the crossing of a railroad and to revise the penalty for certain railroad crossing violations by the driver of a commercial motor vehicle.

SDTA’s Positions: Neutral (with testimony)Status: Signed by Governor

SB 44: Allow disqualification of commer-cial driver licenses for violations of fed-eral, state, or local texting bans while driving a commercial vehicle to comply with federal regulations and require-ments.


SB 45: Permit certain persons to renew an operator’s license, a motorcycle op-erator’s license, or nondriver identifica-tion card without appearing in person at a driver license exam site.


SB 53: Expand the application of the farm decal system.


2013 FiNAL LEGiSLATiVE BiLL LoG

Bill Log Continues on page 27

Friday, May 17th 5:00 - 7:00 P.M. REGISTRATIOn & COCkTAILS

7:00 P.M. DInnER

8:30 P.M. SOCIAL EvEnT

Saturday, May 18th 8:30 - 9:30 A.M. BREAkFAST

9:30 - 11:30 A.M. BUSInESS MEETInGS

LUnCH On yOUR OWn

AFTERnOOn FUn - FISHInG - GOLFInG - HORSEBACk RIDInG - HIkInG

4:00 P.M. CHUCkWAGOn RIDE & DInnER (WEATHER PERMITTInG)

Cabin lodging will be available in the beautiful Blue Bell resort, Custer, SD. To reserve your room call 888-875-0001. For more information call Matt Parker at 605-336-3118 or email [email protected].

hoPe you and your FaMily can join uS For a Fun-Filled weekend getaway!

JOIN US FOR A WEEKEND FAMILY GETAWAY AT THE BLUE BELL LODGE

26

27

LEGiSLATiVE BiLL LoG CoNTiNuED...

SB 58: Revise certain provisions re-garding the electronic filing of motor fuel tax reports and the electronic re-mittance of motor fuel tax.


SB 78: Revise certain provisions relat-ing to medical requirements for intra-state drivers transporting passengers.


SB 89: Limit the liability of retail deal-ers in petroleum products under cer-tain conditions.


SB 105: Revise certain provisions re-garding instruction permits and re-stricted minor’s permits to drive a mo-tor vehicle.

SDTA’s Positions: NeutralStatus: Killed in House Committee

SB 106: Prohibit certain minors from using wireless communication devices while operating motor vehicles upon the public highways.

SDTA’s Positions: NeutralStatus: Passed House

SB 107: Limit the number of passen-gers allowed in a motor vehicle oper-ated by a holder of a restricted minor’s permit.

SDTA’s Positions: NeutralStatus: Killed in House Committee

SB 142: Prohibit the use of certain handheld electronic wireless devices for electronic messaging while driving and to prohibit conflicting municipal regulations.

SDTA’s Positions: SupportStatus: Killed in House Committee

SB 154 **: Revise the maximum weight allowed on certain wide-based super single tires.


SB 163: Establish uninsured motorist identification database program.

SDTA’s Positions: WatchStatus: Killed on Senate Floor

SB 166: Revise the number of years that permits to carry a concealed weapon are valid.


SB 170: Require a temporary permit to be issued to certain persons lacking certain documents when applying for a driver license or nondriver identifica-tion card.

SDTA’s Positions: Status: Killed in Committee

SB 175: Exempt trucking of used tires and tire casings from sales and use taxes.

SDTA’s Positions: NeutralStatus: Killed in Committee

SB 179: Provide for a uniform county drainage permit application form and to remove the maximum limit for drainage permit fees.

SDTA’s Positions: WatchStatus: Killed in Committee

SB 206: Revise certain provisions re-lating to liability and to worker’s com-pensation and disability payments for law enforcement officers performing duties in other jurisdictions.


SB 216: Establish a state-wide driver education program.


SB 219: Revise the fuel excise tax rate for liquid petroleum gas, compressed natural gas, and liquefied natural gas.

SDTA’s Positions: WatchStatus: Killed in Committee

SJr 2: Proposing and submitting to the electors at the next general elec-tion amendments to Article XI of the Constitution of the State of South Da-kota, relating to the vote required to increase taxes.

SDTA’s Positions: SupportStatus: Killed on House Floor

MAY 17-19, 2013

Registration Form for Members, Guests & Sponsors

Company Name:

Address:

City/State/Zip:

Members Name(s):

Spouse Name(s):

Children’s Name(s):

Principal x $75.00

Spouse x $55.00

Employee x $55.00

Children (under 12) x $45.00

TOTAL DUE:

Number of Participants For The Chuckwagon Ride and Dinner:

Please select the number of each dinner selection needed for each participant:

Hamburger Steak

Complete and Return to: South Dakota Trucking Association, Attn: Michelle Wells PO Box 89008, Sioux Falls, SD 57109-9008

We have a block of rooms at the Blue Bell Lodge (888) 875-0001. Please make your room reservations direct prior to April 17, 2013!

28

CDL Schools Say proposed Training Standards Would Make Driver Shortage Worse LOUISVILLE -- In a Friday “listening session” the Federal Motor Carrier Safety Administration hosted regarding its proposed entry-level driver training stories, truck driver training school officials warned that the proposal would make the current driver shortage even worse.

As FMCSA Administrator Anne Ferro explained during opening remarks in the Friday afternoon session at the Mid-America Trucking Show, the agency has been working on this for more than two decades. Back in 1991 Congress ordered safety regulators to start work on a training rule. A 2004 rule requires new drivers to know basic information about the job, over and above the skills they need to pass the CDL exam.

Advocates for Highway Safety sued, saying that the lack of a requirement for road training is a fatal flaw in the rule. The court agreed and forced the agency to take another look. That led to a 2007 proposed rule that would require anyone applying for a new or updated CDL to graduate from an accredited program that includes road training as well as class training.

Last year’s highway bill, MAP-21, requires the agency to post a final rule by October. The most recent version would require anyone applying for a new or updated CDL to graduate from an accredited program that includes road training as well as class training.

“We received lots of comments,” Ferro said, “and as we worked through those areas of concern and recommendations, we realized we really had more work to do as an agency in understanding the impact training has on the safety of a driver’s operation, and the right components of that. We understood the accreditation requirement would create barriers, and that performance-based standards might be a better way, but we are still very open to additional input before we finalize the next phase.”

The agency realized, she said, that it lacked input on the simple question of how much safer a trained driver is in the long run.

“I think almost anyone you talk to about it says on the face of it we’ve got to know that training is required if you’re going to operate in the complex environment of commercial vehicle operation.”

The supporting facts and data as to exactly how much and what kind of training, however, were not there, she said.

This was illustrated by the comments of Brent Quire, a Con-way Freight driver and trainer with 38 years of experience and more than 2 million accident-free miles. Con-way, he said, has graduated more than 1,000 drivers from its training school over the past three years.

“Our graduates have shown improved safety performance compared to similar-experienced drivers who were hired and did not go through the school,” Quire said. However, when asked by the FMCSA panel for statistics on safety and performance before vs. after starting the driver training school, he was unable to provide them.

A Call for performance-Based TrainingDriver training school representatives at the listening session argued that mandatory numbers of hours behind the wheel is arbi-trary and that there is no evidence proving that a certain number of hours automatically means quality training. The accreditation standard, they argued, would cost schools too much money and end up increasing the cost and availability of driver training to students, at a time when the trucking industry is facing perhaps its worst driver shortage ever.

Lou Spoonhour, representing DriveCo, Gary, Ind., and the Commercial Vehicle Training Association of 180 truck driver training loca-tions, called for performance-based standards. As an example, he cited the backing portion of the CDL test, which requires you to back a tractor-trailer 100 feet in a 12-foot-wide lane.

“I can tell you from our experience, we have students who can get in that truck and the first time back can do it perfectly. It would be very difficult for someone to explain to mandate that everyone has to do this for a specific time frame to work on this particular skill.”

Driver training school executive Tom Rhuban pointed out that accreditation is very expensive. “This may seem like a self-serving statement, but it has far-reaching consequences,” he said. “Small single location schools cannot shoulder the additional expense, Continued on page 31

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31

CDL Schools Say proposed Training Standards Would Make Driver Shortage Worse Continued...

while large schools such as ours have the cost multiplied. This forces smaller schools to close and keeps large schools from grow-ing.

“We also feel it will restrict U.S. job growth. It’s well documented there’s a shortage of trained drivers and demand far exceeds the ability of schools to supply. How can legislation that reduces the opportunity to put people back to work be a positive step?” he asked, adding, “For over 40 years the trucking industry has recruited qualified candidates from both accredited and non ac-credited schools with no evidence the accredited schools are better.”

Don Harris, director of compliance with New England Tractor-Trailer Training School, contended that “accreditation does not pro-vide uniform oversight. Each accrediting body has different standards. Typically, the school must submit itself to a lengthy process that can take two years or longer.”

Harris called for flexible, performance-based standards, noting that some students might acquire skills faster than others, and some students might miss some of the training due to sickness or family issues.

Martin Garsee of Houston community college, representing the National Association of Publicly Funded Truck Driving Schools, said his members offer programs ranging from three weeks to 10 weeks.

“We believe we should have the ability to arrange those hours in what is most beneficial to the student,” Garsee said. “Not every student learns at the same rate. I think the one thing that is different in truck driver training [from other forms of education] is it is truly one on one training.”

No proven Effect on SafetyJohn Frey, associate vice president of driver school relations for Werner Enterprises and a board member of the Commercial Vehicle Training Association, noted that the CVTA’s 18 schools in its Motor Carrier Committee last year hired 50,000 pus graduates, the majority of those from private, non-accredited schools.

“The Motor Carrier group investigates schools to determine the quality of the programs and continues to evaluate the quality of these students. Programs vary from 150 to 480 hours in the number of hours in the program, but to date, we’ve found no culpable difference of safety records of graduates based on the type of school or accreditation status.”

The CVTA’s Motor Carrier Committee has a number of serious concerns with the current proposal, Frey said, saying it has no proven effect on improving highway safety.

Like others commenting during the listening session, Frey said, “Our experience does not suggest that a shorter or longer program is a better program or produces a better or safer driver. Whether the student can perform to the standard may be more significant than time behind the wheel.”

In fact, Frey contended that requiring a minimum number of hours is going against the latest thinking in education circles. He cited a recent article in Inside Higher Ed, “Beyond the Credit Hour,” which reported that:

“The U.S. Department of Education has endorsed competency-based education with the release today of a letter that encourages interested colleges to seek federal approval for degree programs that do not rely on the credit hour to measure student learning.”

“Currently there is a well-documented shortage of drivers,” Frey said, “and this rule could seriously impede the ability to recruit drivers and the number of drivers coming into our industry,” he said.

While we don’t know what its effect will be on highway safety, Frey said, “What we do know is it will increase costs. Accreditation will drive some good but marginally profitable schools out of business and discourage new schools. Anything that will increase the costs of students receiving their CDL needs to be very carefully evaluated in the cost benefit analysis.”

- Reprinted from Truckinginfo ~ the web site of Heavy Duty Trucking magazine, March 25, 2013

http://www.jjkeller.com

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let us know if you know of a company that should be a member of the south dakota trucking association!

MeMbers recruited since the 2012 sdtA convention...

35

EXECUTIVE COMMITTEE COMPANY CITY

RICK HOOGENDOORN, CHAIRMAN YRC SIOUx FALLS MIKE HABECK, vICE CHAIRMAN HABECK TRUCKING BELLE FOURCHE DAvID BULTSMA, TREASURER D&J BULTSMA TRUCKING PLATTEJEFF GILLESPIE, SECRETARY MCT TRANSPORTATION LLC SIOUx FALLSALTON PALMER, PAST CHAIRMAN ALTON PALMER TRUCKING LLC RAPID CITY MYRON L. RAU, PRESIDENT SDTA SIOUx FALLS

BOARD Of DIRECTORS COMPANY CITY TERM EXPIRES

JUSTIN ANDERS ANDERS TRUCKING UNION CENTER 2015LINDA BICKFORD QUALITY TRUCK INSURANCE RAPID CITY 2014KIMBERLY BONHART UNITED PARCEL SERvICE LEAWOOD, KS 2015LLOYD BULTSMA LLOYD BULTSMA TRUCKING SIOUx FALLS 2014ROBERT CHRISTIAN BLACK HILLS LOG HAULERS ASSOC. RAPID CITY 2015BRIAN CLARK ZOMER BROS. SIOUx FALLS 2013ART DONOvAN DEAN FOODS / LAND O’LAKES SIOUx FALLS 2015BRYAN EDEN BUTLER MACHINERY COMPANY SIOUx FALLS 2013RANDY HARTLEY HARTLEY TRANSPORTATION, INC. WATERTOWN 2014JERRY JOHNSON B & G TRANSPORTATION MADISON 2013LARRY KLAAHSEN DAKOTA TRUCK UNDERWRITERS SIOUx FALLS 2014STAN KOPFMANN STANS, INC. ALPENA 2014JERRED KOPPMANN NORTH WESTERN WAREHOUSE RAPID CITY 2014BEN OLDENKAMP OLDENKAMP TRUCKING KENNEBEC 2014JERRY OLLERICH JERRY OLLERICH TRUCKING SIOUx FALLS 2014MATT PARKER PARKER MOvING & STORAGE SIOUx FALLS 2014 ROBERT PUNT ROBERT PUNT TRUCKING STICKNEY 2013WADE STEBBINS EAST WEST LOGISTICS LLC PIEDMONT 2014DAN SWENSON SWENSON BROS. GRAIN LANE 2013DAvE STOTERAU CHS TRANSPORTATION SIOUx FALLS 2013LYN TSCHETTER THERMO KING OF SIOUx FALLS SIOUx FALLS 2013JOHN UHL GREAT WEST CASUALTY CO. S. SIOUx CITY, NE 2014JEFF WATKINS SIOUx FALLS TRUCK & TRAILER SIOUx FALLS 2013BUD WESTENDORF CUMMINS CENTRAL POWER LLC SIOUx FALLS 2013BOB WILLEY BOB WILLEY TRUCKING GETTYSBURG 2014GENE WILLIAMS TRIMAC TRANSPORTATION RAPID CITY 2015TIM MILLER SDTA SAFETY MANAGEMENT COUNCIL PAST CHAIRPERSONS COMPANY CITY TERM EXPIRED

ALTON PALMER ALTON PALMER TRUCKING RAPID CITY 2012WAYNE vIESSMAN CLIFF vIESSMAN, INC. GARY 2010STAN ANDERS ANDERS TRUCKING UNION CENTER 2008LARRY ANDERSON A & A ExPRESS, INC. BRANDON 2006MICHELLE SCHIPPER K & J TRUCKING, INC. SIOUx FALLS 2002BERNARD FELDHAUS, JR. FELDHAUS TRUCKING HOWARD 2000 DARROLD DEAN DIZCO, INC. SIOUx FALLS 1998GENE PHILLIPS B & G TRANSPORTATION MADISON 1996 RICH BURNS BURNS MOvING & STORAGE SIOUx FALLS 1992TED BULTSMA BULTSMA TRUCK LINE PLATTE 1990RANDY THOMPSON TBI SIOUx FALLS 1988

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SDTA Mar 2013 Trucking News

Documents

Transcript of SDTA Mar 2013 Trucking News