Building Relationships, Influencing Change 2012 YEAR in REVIEW · The 2012 Spring Conference & ExpoT he 5th largest TLPA Spring Conference & Expo in the 35-year his-tory of the meeting

2012 YEAR in REVIEWBuilding Relationships, Influencing Change

PRSRT STDU.S. Postage

PAIDLynchburg VAPerm

it No. 870

Inside this issue: William Rouse from Los Angeles, New President of the TLPA for 2013 • Year in Review, Winning Legal, Legislative and Regulatory Battles • TLPF Focuses on TOP Program and History Project in 2012 • Public Relations Communications Keeping TLPA Members Informed • 2012 Wall to Wall Conferences & That Irritating Four-letter A-word • Better Health Can Bring Greater Success in Business • It’s Time to Think Small • Digital Technology Transition Will Affect Us All

Attend TLPA’s Spring Conference & Expo in Savannah, GA

2012—Year in Review

Year in Review, Winning Legal, Legislative and Regulatory Battles

The year started with a very serious legal challenge that had the potential to make every operator have up to 100% wheelchair accessible vehicles. A loss in this case, had true national and probably international consequences.

President Mary Smarelli led us through this struggle where the stakes for our industry were extremely high. To make a long and complicated story short and sweet, on June 28, 2012, the Court of Appeals unanimously overturned the lower court’s decision and ruled that private entities are in fact governed only by the private entity standards for accessibility—not the public entity standards. The

plaintiffs appealed that decision, and in September that appeal was denied. We all owe a tremendous thank you to the TLPA member companies that contributed over $80,000 to help pay a portion of the legal bills for TLPA’s participation in this ADA case. Their extra support enabled TLPA to participate, which we believe was the turning point for achieving victory in this case. The victory in no way diminishes our industry’s commitment to serving all passengers including the transportation disadvantaged. Elderly and disabled citizens in our communities are significant users of our services and we remain committed to meeting their needs through collaborative community efforts.

Also in 2012, TLPA addressed legislation proposed to reauthorize the federal transportation program. The Senate proposed to kill private oper-ator participation in DOT funded transit projects, which would have harmed many TLPA members. The House proposed to expand private operator participation. While the bill that ultimately passed Congress in the early morning hours on June 28 only runs through September 30, 2014, we now have the opportunity to consolidate our gains and work to change the few provisions that did not go our way. The key issue is that Congress kept private operator rights in the transportation law.

As if two critical events taking place in one year were not enough, transportation apps went from being a relatively benign technological development that presented more opportunities than threat, to rogue app vendors using this new technology to attempt to deregulate entry and fares in the taxicab industry. They declared war on our industry and TLPA responded with President Smarelli leading the way. The exceptionally quick expansion of rogue apps and their attempt to trans-form the for-hire industry is a real threat to public safety and to your company. Rogue apps ignore the very regulations that you would be fined and shut down for breaking such as licensing, regulated fares, vehicle inspections, insurance requirements,

Continued on page 25

8 Transportation Leader Winter 2013

Introduction of 2012 President Mary Smarelli by CEO LaGasse in Las Vegas

This convention is my 34th and I have been blessed to work with truly exceptional people who served as president of the TLPA. People who are entrepreneurs, and who are tough mind-ed because they choose to be leaders in a tough industry.

Of the 33 presidents I have worked for (remember that Sig Zilber served two terms as president) all have stood out in one way or another. Some were industry visionaries, some built the TLPA infrastructure, some worked hard and used their shear force of will to move us forward, some worked on industry unity, and a few led us through incredibly difficult challenges…

In conclusion, I have five quick final observations to make about a year of working intensely with Mary.

1) Mary is the third female president of TLPA I have worked with and like her two predecessors, she did an exceptional job. There is no gender gap in talent at TLPA.

2) Mary is primarily a paratransit operator and she has done an exemplary job of addressing all industry mat-ters, including taxicab issues. All operators can excel as TLPA president.

3) While some screamed for action, Mary kept her cool and worked to build consensus to take action and a consensus for a well thought out plan of action to address three major challenges to us this year. Her steady leadership has been essential to our ability to respond.

4) To fight three major battles in one year is unprecedented for TLPA and we were challenged with funding and staffing our efforts. Mary is one of many presidents to not submit any bills to TLPA for legitimate presidential expenses, but she is the smallest fleet operator to ever do this. Not only did she not get reimbursed for expenses, but on a per vehicle bases, she is one of our top two or three largest financial donators to the battles we have fought this year.

5) I told you that once before TLPA had a president who had earned the right to have his effort be called great. Now, for the second time in 34 years, I present to you a president who has earned the right to have her effort be called great.

Please give a very warm welcome to a most dedicated and hard working TLPA president — Mary Smarelli.n

The Taxicab, Limousine & Paratransit Foundation (TLPF) man-aged two major projects in 2012, the Transportation On Patrol (TOP) Program and the TLPF History Project.

The TOP program was launched in 2011 by then TLPA President Robert McBride. Denver and the communities that comprise the sur-rounding metropolitan area continue to be the flagship of the TOP program. In 2012 the Denver Taxis on Patrol, worked with 34 different law enforcement agencies, initiating 501 calls which required law enforce-ment and/or emergency personnel attention.

In addition to the TOP Program in Denver, there are a number of cities where TLPA member companies have implemented the pro-gram including: Tampa, Ft. Lauderdale, Atlanta, Nassau County, Long Island, Columbus, Anchorage, Birmingham, Little Rock, Savannah, Ann Arbor, Biloxi, Toledo, and Gulfport. To help the Foundation initiate TOP programs, TLPF has teamed with e-Cubed Learning to develop an on-line program, to provide TLPA members with an affordable, stan-dardized educational resource for TOP implementation. TLPF, through e-Cubed Learning has created Transportation On Patrol Online Demonstration courses, which are designed to give drivers, operators, and staff a taste of how the TOP online training takes all the guess work out of starting a company’s TOP program and training drivers and staff on the simple yet critical TOP procedures. The online training program illustrates how implementing a TOP program that adds additional eyes and ears on the streets of the community to help combat crime is a public relations win for a company and the city it operates in.

Four years ago the Foundation board voted to fund the History Project to capture the history of our industry. Many TLPF and TLPA Past Presidents and industry stalwarts have been interviewed and filmed. The Foundation also requested that TLPA members loan it some of their industry memorabilia to be incorporated into the video project. In 2012, the project was expanded to include a TLPA promotional video. Anyone willing to share the histories of their companies, how they became involved in the for-hire ground transportation industry and the history of their involvement with TLPA can assist the Memory Factory and the Foundation in these projects by loaning us your old photographs, videos and memorabilia that are taxicab, limousine or paratransit related. We promise to take good care of your possessions and return them promptly. This ongoing project is planned to continue for several more years.

Several years ago Martin Zilber made a substantial donation to the Foundation to establish the Zilber Fund with the stipulation that all monies dispersed from this fund go toward funding a scholar-ship. The Foundation board decided it would be appropriate to let the host operator tour provider from our annual convention site choose the scholarship recipient. At the TLPA Convention in Las Vegas, TLPF President Murray Rosenberg presented a check for $1,000 to A.J. Camitan, a driver for Frias Transportation in Las Vegas to use towards his two children’s col-lege education. n

TLPF Focuses on TOP Program and History Project in 2012

By Harold Morgan



Financially, the Foundation started off modestly with a small contribu-tion from the TLPA in 1987. Then, in 1990, TLPF received a very generous contribution from the estate of long-time TLPA member Herman R. Tate, of California, to establish a college scholarship program for students committed to enter the taxicab busi-ness and to sponsor public policy research to promote our industry. It has been the interest from Mr. Tate’s nearly half million-dollar contribution and on-going contributions from TLPA members that has given the Foundation a sufficient corpus to generate interest income to support its annual projects and programs.

In recent years, the key fundraising event for the Foundation has been the Annual TLPF - Gateway Insurance Golf Tournament. Over the past 13 years, the tournament has contributed over $90,000 to the Foundation.

At the conclusion of the TLPF Annual Business Meeting in Las Vegas, President Murray Rosenberg announced that the new TLPF President for 2013 would be Lee Barnes of Barwood Transportation, Kensington, MD. Afterwards, Murray’s wife, Joan Rosenberg and son, Paul Rosenberg presented to the Foundation a $10,000 check to establish the Rosenberg Family Fund within the Foundation. Each contribution of $10,000 or more to the Foundation’s General Fund generates a separate fund established in the contributor’s name within the Foundation. Accompanying the Rosenbergs was Past TLPF President Ellis Houston. n

Year in Review— 2012 TLPA Meetings

By Michelle A. Hariston, CMP The 2012 Spring Conference & Expo

The 5th largest TLPA Spring Conference & Expo in the 35-year his-tory of the meeting took place at the Doubletree By Hilton Hotel, located on Canal Street in the French Quarter of New Orleans,

Louisiana from May 6-8, 2012. TLPA President Mary Smarelli welcomed more than 300 transportation industry professionals to this conference.

The conference kicked off early Sunday morning with the Finance Committee meeting, and immediately following, the TLPF Foundation Board

meeting. Sunday afternoon, the Taxicab Steering Committee, held their open committee meeting to discuss taxicab issues, with the hot topic being phone apps for transportation service. Simultaneously, the Paratransit Steering Committee met to discuss paratransit matters including the reduction of emphasis on service coordination. We are very pleased that 97% of the survey respon-dents rated the committee meetings as excellent or good. Following those two meetings was the Welcoming Cocktail Reception. It was held in the Expo Hall where the exhibits were open for attendees to explore. The Open Bar was sponsored by Silver Sponsor Mobile Knowledge to help attendee travelers relax and melt into familiar relationships built by attending past TLPA meetings. While meet-ing new faces and relishing seeing familiar ones, attendees became even more lively as they ate hors d’oeuvres, which were sponsored

by Gold Sponsor Taxi Magic that also sponsored Wi-Fi for attendees to enjoy as they roamed the Expo Hall.

Monday morning, prior to the General Session, there was a delicious buffet breakfast for participants, sponsored by Platinum Sponsor, VeriFone Transportation Systems, held in the Expo while exhibits were open. Following breakfast, attendees transitioned to the General Session where President Mary Smarelli welcomed everyone to the 2012 TLPA Spring Conference & Expo, and provided an update on the issues facing TLPA and its members including: Federal Transportation Reauthorization, Distracted Driving: Green Taxis, Accessible Taxis, the Rental Car Recall Provision, Criminal Background Check Authorization, Form 1099-K filing compliance, Federal Motor Carrier Safety Administration (FMCSA) expansion of interstate licensing requirements to some intrastate carriers, the New York City ADA Case, and the expansion

of rogue transportation phone apps becoming a sig-nificant issue for our industry. Following President Smarelli’s welcome and opening address, Legislative/Regulatory Updates were given by TLPA CEO LaGasse on ADA Litigation, and General Counsel Watkins on New Developments with Form 1099-K. Next up was the Open Call for Nominations by Chairman McBride. Past President Gene Hauck delivered an update on the TLPA Online Driver Education Program. He said the nine-course pro-gram will be offered online and is the first stan-dardized taxicab driver education program available worldwide to all English-speaking taxicab drivers. President Murray Rosenberg gave an update on the Foundation’s History Project. He explained that



2012 Treasurer Ham Smythe and 2012 President Mary Smarelli discussed issues at the Finance Committee meeting.

Dining in the French Quarter of the lovely city of New Orleans was just steps away from our host hotel during the 2012 TLPA Spring Conference & Expo.


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Year in Review—2012 TLPA Meetings

Continued from page 14

the purpose of the History Project is to capture an oral history of the industry. Then, Executive VP Harold Morgan presented information on the TLPF Transportation On Patrol educational pro-gram. He noted that the program is now available for purchase at a cost of $5 per driver. He stated that he primary overall objectives of the TOP pro-gram are to: explain to transportation companies, police departments and public officials the value of implementing a TOP program in their community; educate transportation companies about the recom-mended process for implementing a TOP program; and educate drivers on how to effectively partici-pate in the TOP program

The Expo Hall reopened at 12:15 p.m., and a buffet lunch sponsored by Platinum Sponsor

MTData was enjoyed by all, and also allowed attendees to continue networking with others and learn about the lat-est products and services of the industry. After lunch, the Women In Transportation Committee, held their com-mittee meeting, followed by three divisional concurrent breakout sessions. The first Taxicab division session dis-cussed the topic: Independent Contractor: Federal and State Issues, which focused on the new IRS amnesty program for misclassified workers as well as state efforts in California and a review of a state audit in Missouri. This session was fol-lowed by a breakout session on Distracted Driving: Issues and Resolutions which focused on the current federal law. The panel reviewed a number of states and cities that have exempted MDT’s from texting bans and discussed that converting to a voice Mobile Data Terminals is expensive and they currently have difficulty distinguishing all voice commands.

Two Paratransit break-out sessions were presented.

The first session discussed Developments in Federal Contracting: Expanded VA Service Areas, Set Asides and Purchasing through General Services Administration (GSA) Schedules which stressed there are no similarities with Federal Transit

Administration contracting and contracts with agencies using Federal Acquisitions Regulations (FAR). The second breakout session featured the topic Grow Your Business: New Markets, Off-Peak Utilization & Increased Productivity. This session stressed the need to find out what the customer wants even if it does not fit in your pricing system and never tell a customer “We don’t do that.”

The TLPA Limousine Steering Committee held one breakout session, Hotel Manager’s View: Quality Control & View of Livery Operators featuring Fred Sawyers, General Manager for Hilton New Orleans Riverside & DoubleTree by Hilton New Orleans, which was very well received by all attend-ees who were impressed with Mr. Sawyers’ prepa-ration and hard facts. That session was followed by an open meeting of the Limousine Steering Committee where the committee met with TLPA Legal Counsel Chip Watkins Form 1099-K; that the proliferation of phone apps for transportation services directly to drivers is a very serious chal-lenge to public safety and local regulatory enforce-ment; and that the ADA case in New York City could lead to the expansion of vehicle accessibility requirements for limousine operators.

On Tuesday, the last day of the conference, while the TLPA Board of Directors held their meeting, the conference attendees enjoyed a conti-nental breakfast sponsored by Universal Tranware. The Board discussed the course that the association would take for the coming year. Included in the discussion was establishing the legislative agenda, review of the strategic plan, and proposed future meeting site selections.

TLPA Mid-Year International Leadership Conference

Just over 100 TLPA members met for an enjoyable, yet intense, three days of meetings in Niagara Falls, Canada, on July 18-20. This was one of our better Mid-Year Conferences, due to the exceptional support of Bill Yuhnke of Liberty Cab/Yellow Cab that sponsored a company tour, a boat cruise and the unexpected entertainment; Kevin Barwell of Giorgio’s Limousine Service that sponsored the motor coach that transported every-one for the full day tour; David Bastian of Towne Livery that sponsored the generous lunch buffet on the boat; and Sanders Partee of Taxi Magic that sponsored the afternoon break during the General Session on Apps.

Wednesday featured a meeting of the TLPA Board of Directors where the board decided to implement a response to rogue smart phone apps





that dispatch directly to drivers, rather than through licensed transportation fleets. The board agreed to educate our members on the benefits and how to implement a legitimate app, to ini-tiate a public relations response to rogue apps, to work with industry regulators on addressing the public safety issues involved with apps, and to investigate the legality of apps that choose to evade regulatory

oversight. The day ended with a cocktail reception where people networked while being amazed by the tightrope walker crossing from the Skylon Tower to the top of our host hotel.

Thursday began with a Group Breakfast fol-lowed by the General Session. President Mary Smarelli welcomed everyone to the conference and then was joined by President-Elect William Rouse and CEO Alfred LaGasse to present a government relations report. Rouse reviewed the federal litiga-tion on accessible taxicabs and the victory achieved in overturning the lower courts’ overreach on accessible mandates for our industry. LaGasse gave a review of issues including the proposed expansion of the Federal Motor Carrier Safety Regulations to intrastate carriers not previously covered by the federal regulations. The public relations panel featured TLPA Director Bill Yuhnke and TLPF President Murray Rosenberg. Yuhnke focused on strategies he has used very successfully to barter for publicity, such as bartering for over $200,000 worth of TV media coverage as well as being the exclusive transportation vendor for a major uni-versity. Rosenberg reviewed the Foundation’s his-tory project and encouraged everyone to join the Foundation’s TOP (Transportation On Patrol) program. He noted that online training for TOP is now available from the TLPA/TLPF web site.

Attendees adjourned to the 33rd floor of the Hilton Hotel to enjoy a fabulous lunch in The Watermark Restaurant. In addition to the lav-ish lunch nowhere else in Canada could you enjoy more stunning floor-to-ceiling views of both the American and Horseshoe Falls. Following lunch the first afternoon General Session began with a report from the TLPA App Committee. Presenting

were Jim Bell and President-Elect William Rouse. After another brief coffee break, sponsored by Taxi Magic, the final General Session began with President Mary Smarelli and Matthew Daus pre-senting on Third Party Phone Apps & Technology. This presentation featured a legal and regulatory analysis of smartphone apps presented by Mr. Daus, Partner & Chairman, Transportation Practice Group of Windels Marx Lane & Mittendorf, LLP and President of the IATR. His presentation focused on a regulatory review of safety, account-ability and consumer protection legal issues in regards to “rogue” smartphone apps.

On Friday morning, July 20, attendees congre-gated for a Group Breakfast before departing for a guided tour of the conferences host operator facili-ties at Liberty Cab. Giorgio’s Limousine Service generously donated the bus to transport attendees to Liberty Cab. At the conclusion of the operator tour, attendees were swept away to the Erie Bain Marina, where they boarded the majestic Grand Lady Motor Yacht for an afternoon of cruising to Grand Island, NY. Everyone aboard was treated to an enjoyable lunch and cocktails sponsored by Towne Livery, while being entertained by no one better than Elvis Presley.

TLPA 94th Annual Convention & Trade ShowWith over 1,000 transportation industry lead-

ers from across America and around the globe in attendance, the Taxicab, Limousine & Paratransit Association (TLPA) held its 94th Annual Convention & Trade Show in Las Vegas at Caesars Palace, October 26-30, 2012. This year’s conference featured 27 educational sessions of important topics affecting the industry, a packed trade show with 91 vendors, the election of its new president William J. Rouse and new directors for 2012-2013, and a tour of Frias Transportation’s state-of-the-art transpor-



2012 President Mary Smarelli lead TLPA members in a General Session about Rogue Apps at the TLPA Mid-Year International Leadership Conference held in Niagara Falls, Canada.

Transportation Leader Winter 2013 27



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tation facility. The convention received an excellent or good rating by 100% of the operators responding to a post-convention survey.

On Friday, October 26, pre-convention activi-ties began with 72 golfers participating in the Annual TLPF/Gateway Insurance Golf Tournament at the Las Vegas Pauite Golf Resort. The TLPA Women In Transportation hosted a Wine Tasting in the Resort Clubhouse, also for the benefit of the TLPF. On Saturday morning, this year’s annual conven-tion opened with the host operator tour hosted by Frias Transportation Management of Las Vegas. Frias is Nevada’s largest transportation company with a fleet of over 1000 taxicabs and limousines. The educational segment of the convention opened with our ever-popular Roundtable discussions. The 18 topics cover during these sessions included Benchmarking of Key Call Center Stats; Unrecognized Issues in Providing Specialized Transportation; TLPF’s Transportation on Patrol (TOP) Program; Pros and Cons of Traditional, Captive, and Self-Insurance Programs; Using Social Media/Web to Reach New and Current Customers; Point of Sale Credit Card Processing; National Criminal Background Checks; Pros & Cons of Wheelchair Accessible Vehicle Types; Succession Planning; Private

Radio vs. Public Communication Networks for Fleet Dispatch; TLPA’s Taxi Driver Education Program; How to Identify Exposures and Target Insurance Coverage; Reaching the Eldercare and Dialysis Transportation Markets; Driver Safety Program to Reduce Accidents; and Hybrid Vehicles & Alternative Fuels.

The Opening General Session on Saturday afternoon featured the Convention Welcome by TLPA President Mary Smarelli followed by a talk-show-style discussion with President Smarelli interviewing Jim Bell (Chair of the TLPA App Committee), Matt Daus (President of the International Association of Transportation Regulators) and John Boit (TLPA’s public relations consultant from Melwood Global) to provide an overview of how TLPA, IATR and their mem-bers are confronting the challenges brought on by Rouge Apps. The session concluded with the presentation of the TLPA Operator of the Year Awards. After the Opening General Session, attend-ees enjoyed a Grand Opening Cocktail Reception, with hors d’oeuvres sponsored by Creative Mobile Technologies, and an open bar sponsored by BB&T


Transportation Leader Winter 2013 37

This year’s Trade Show was the second larg-est in TLPA’s history with 16 vehicle exhibit spaces (with a total of 22 vehicles) and 93 booth display spaces. The Trade Show was rated the highest ever in TLPA history with 99% of the attendees who responded to our survey giving the exhibits an excellent or good rating.

The 3rd and final day of the convention began with a continental breakfast sponsored by Cabconnect followed the presentation of the TLPA Outstanding Industry Service Awards posthumous-ly to Bruce Bell, Toronto, Canada, and to Carla Boroday, Fort Lauderdale, Florida. During the annual TLPF Business Meeting, TLPF President Murray Rosenberg highlighted the Foundation’s 2012 activities, featuring the Transportation On Patrol (TOP) program and the History Project. He introduced a short TLPA Promo film that was developed as part of the History Project. (Learn more about TLPF on page 10.)

The Annual TLPA Business Meeting featured the election of TLPA Officers and Directors includ-ing President William Rouse, and President-Elect Robert Werth. The Closing General Session ended with William Rouse, the General Manager of Los Angeles Yellow Cab, a fourth-generation leader in transportation delivering a humorous and at times emotional acceptance speech in front of hundreds of his industry peers. Looking ahead, Rouse laid out several priorities for his term in office includ-ing continuing the fight against rogue apps used to hail taxicabs and limousines that ignore regulations aimed at protecting the public. (Learn more about President William Rouse on page 6).

The TLPA 94th Annual Convention & Trade Show concluded with the Annual Banquet featur-ing an open bar sponsored by Cabulous!, and a Silent Auction that was successful in raising funds for the TLPA Action Fund. Much of the success of this convention was due to tremendous participa-tion by our sponsors. In addition to those sponsors mentioned throughout this article, TLPA would also like to thank all our other sponsors, Digital Dispatch (Convention Bags); Mobile Knowledge Corporation (Name Badge Holders); Tower Group Company (Hotel Room Key Cards); BB&T John Burnham Insurance Services (Golf Tournament Awards Ceremony); and MTData (Board of Directors Reception & Overseas Operator Dinner).

We hope you are already planning to join us in Boston for TLPA’s 95th Annual Convention & Trade Show at the Sheraton Boston and the John B. Hynes Veteran’s Memorial Convention Center, October 27-31, 2013. n

John Burnham Insurance Services. The Women In Transportation Annual Dinner, sponsored by CCSI, and open bar sponsored by Beecher Carlson Insurance featured a very well received presentation by Karie Hall, Vice President of Hotel Operations for Caesars Entertainment followed by the presen-tation of the Outstanding Contributor to Women In Transportation Award.

The second day of the convention opened with the New Member & First Time Operator Attendee Breakfast sponsored by the Black Car Fund and the Black Car Assistance Corporation and a

Continental Breakfast sponsored by Paratransit Insurance Company. When the breakfasts ended, the educational segment of the convention contin-ued with six well-attended breakout sessions cover-ing the topics: Operating Your Own vs. Contracting for a Smartphone App; MAP-21 – How the New Federal Transportation Law Affects You; Strategies for Delivering Successful Accessible Service; Strategies for Delivering Peak Demand Taxi Service; Best Practices in Dealing with Different Types of Brokers; and Managing Drivers’ Independent Contractor Status. The Convention’s Second General Session featured President Smarelli’s State of the Industry and State of TLPA Address. Her presentation featured TLPA yearlong legal, legislative and public relations battles. The TLPA Driver of the Year Awards were presented to the premier limousine, paratransit and taxicab drivers for 2012. The Second General Session concluded with TLPA Legislative Counsels Kenneth Butler and Paul Miller presenting their annual legislative report covering the TLPA tran-sit reauthorization accomplishments, the (then) upcoming Presidential and Congressional elections, and TLPA’s legislative priorities in 2013. At the end of the Second General Session, the Trade Show floor was open featuring a fabulous lunch spon-sored by Capital One Bank. The afternoon ended with a Member Appreciation Cocktail Reception including an Open Bar sponsored by Taxi Magic, and snacks sponsored by Cabulous!




President Mary Smarelli sat on the panel about the status of Rogue Apps in our industry.


Documents

Building Relationships, Influencing Change 2012 YEAR in REVIEW · The 2012 Spring Conference & ExpoT he 5th largest TLPA Spring Conference & Expo in the 35-year his-tory of the meeting