Jan-Feb 2013 Magazine for Web

January/February 2013 Maine Motor Transport 1

January/February 2013

Feature onPage 18

2 Maine Motor Transport January/February 20132


Maine Motor TransportAssociation Inc.

Brian Parke, Editor

MMTA Officers 2012-2014 Chairman: ChrisHuff,HannafordTrucking,S.Portland ViceChairman: EvanKeefer,Kris-WayTruckLeasing,Inc.,S.Portland Secretary: ShawnMoore,R.C.Moore,Inc.,Scarborough Treasurer: DuaneGraves,Pottle’sTransportation,LLC,Bangor ExecutiveCommittee: JimMcCurdy,MaineCommercialTire,Bangor StateVicePresident,ATA: Vacant AlternateStateV.P.,ATA: Vacant BudgetCommittee: DuaneGraves,Pottle’sTransportation,LLC,Bangor GovernmentalAffairsCommittee: BarryPottle,Pottle’sTransportationLLC,Bangor MembershipCommittee: BrianBouchard,H.O.Bouchard,Inc.,Hampden SpecialEventsCommittee: NateLewis,WalMartTransportation NominatingCommittee: JimMcCurdy,MaineCommercialTire,Bangor

Directors

MMTA Past Chairmenand Lifetime Directors

* OlenE.Butler 1946-47* PaulE.Merrill 1947-48* GeraldA.Cole 1948-49* StewartM.Taylor 1949-50* GuyF.Dunton 1950-51* MarkW.Ginn 1951-52* HarryL.Milliken 1952-53* PhilipC.Gox 1953-54 F.GilbertCongdon 1954-55* H.MerrillLuthe 1955-56 GalenL.Cole 1956-57 HenryW.Saunders 1957-58 RichardS.Clement 1958-59 DwinA.Gordon 1959-60* H.BlaineSanborn 1960-61 WilliamG.Hepburn 1961-62* C.L.Fox,Sr. 1962-63 GeorgeW.McNear 1963-64* H.BlaineSanborn 1964-65 DavidW.Harmon 1965-66* GeraldA.Cole 1966-67 HerbertE.Ginn 1967-68 JosephH.O’Donnell 1968-69* HarryL.Milliken 1969-70* F.EmmettO’Connor 1970-71* DavidW.Fox 1971-72 RobertE.Ginn 1972-73 RichardJ.Haley 1973-75 GeorgeM.Hutchins 1975-77 H.WalkerNoyes 1977-79 ChesterSherrard 1979-81 ArthurW.Hicks 1981-83* VirgilE.Beane 1983-85 GeorgeL.Parke 1985-87* DavidL.Cole 1987-88 WilliamDuddy 1988-90* CliftonE.Halacy 1990-92 MarkA.Hutchins 1992-94 DonaldB.Wiswell 1994-96 PietervanVoorst 1996-98 MertBrown 1998-00 TomKeefer 2000-02 BarryPottle 2002-04*JohnAustin 2004-06BrianBouchard 2006-08JohnLightbody 2008-10JimMcCurdy 2010-12*JohnThut-HonoraryChairman

*DeceasedSubscription Rate

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What’s Inside

2012AnnualSponsors......................................................4Chairman’sPage...............................................................9SMCNews&Notes.......................................................10NationalNews...........................................................12,16MaineNews..............................................................14-15WreathsAcrossAmericaFeature..............................18-25MMTA2013TrainingandEventsCalendar...................26

CalendarFebruary 15 Hours-of-Service Training 8:30am MMTA Office - Augusta

February 21 Safety Management Council Meeting 8:00am MMTA Office - Augusta

February 22 Drug & Alcohol Supervisor Training 8:30am MMTA office - Augusta

March 8 FMCSA Regulations Training 8:30am MMTA Office - Augusta

March 15 Hazardous Materials Training 8:30am MMTA office - Augusta

The May meeting of the MMTA’s Safety Management Council will feature a presentation and discussion on

Natural Gas as an Alternative Transportation Fuel

The group will have the opportunity to talk about the benefits and challenges of considering natural gas powered vehicles

Hope to see you there!

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MMTA CHAIRMAN PAGE

Chris Huff - Delhaize America / Hannaford Trucking

Happy New Year! The turn of the calendar makes me reflect on the year that was but, more importantly, the year yet to come and the challenges and opportunities to face in 2013.

First on the list of things to do is to recognize the changes that have taken place at the Maine Legislature which forces us to figure out how these changes will impact the trucking industry. The MMTA has worked well with both Republicans and Democrats over the years because the overriding goal has been to foster

good public policy that supports economic growth as well as highway safety – a goal that is universal to both major political parties. We haven’t always agreed with our elected officials, but at least the Association is well positioned as the voice for the trucking industry in Augusta and most legislators recognize the importance of our industry from the jobs we create, to the taxes we pay, to the commerce we deliver safely and efficiently each and every day.

Our industry had some significant accomplishments in the last legislative session, including fixing Maine’s long-standing interstate truck driver overtime challenge, implementing a meaningful contract indemnification law, repealing automatic fuel tax indexing, developing a unified definition of independent contractors, as well as MMTA’s involvement with many other bills having an impact on trucking. While we don’t see any of these issues coming back up in the coming session, there will sure to be other bills that will affect our businesses such as the highway fund’s sustainability, looking at size and weight provisions in the context of productivity and safety, workforce development and, as always, figuring out a way to have state revenues match expenses.

As the Association prepares for the upcoming public hearings, work sessions and all of the other details that go into policy formation, our members should feel compelled to share with Brian and Tim their views on issues that are important to them. Trucking’s influence will only be as strong as our collective voice and we need to hear from members who will be affected by whatever legislation is passed or is defeated.

On a much different note, we are fortunate to have a section of this magazine devoted to a program that has become near and dear to many MMTA members over the years – the Wreaths Across America. This year, Randy DeVault – MMTA’s Training Coordinator, joined the convoy from Harrington, ME to Arlington, VA with the Association’s Safety Unit to participate and support the efforts to remember and honor our veterans. Randy’s experience was both heartwarming and humbling as he went with the group to schools and community events, remarking that every time they made a stop for a ceremony he was sure it would not get any better than that. And every time he was wrong. He was sincerely moved by the outpouring of support from so many people, showing their appreciation for our military men and women who have sacrificed so much for our great country.

I know I speak for each of you when I say ‘thank you’ to our past, current and future veterans. For their service, for their sacrifice and for defending our freedom.


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MMTA Safety Management Council News & Notes

November 15, 2012

The Safety Management Council met on November 15, 2012 at the MMTA Office. The meeting was attended by approximately 20 member companies, MMTA staff, and invited guests. The meeting was called to order by Chairman Tom Theriault.

The Council introduced themselves.

Presentations:

A presentation on cargo securement for dry van and flat beds was given by Cpl. Chuck Granger of the Maine State Police. The presentation, including questions and answers was very informative and well received by the Council.

Cpl. Granger also presented his statistics for the Brake Week enforcement effort of CVSA.

Old Business:

Tim Doyle informed the Council that the Annual Banquet is scheduled for January 10th at the Holiday Inn by the Bay. Tickets are now on sale and sponsorship opportunities are available. Fleet Safety Awards, Safety Director of the Year, Driver of the Month, and Driver of the Year awards will be presented. The evening’s entertainment will be local Maine humorist Gary Crocker. All are encouraged to attend.

Tim also encouraged the Council to submit for all of the awards as it is a great way to have your company or driver recognized. This year’s applications were fewer than normal.

New Business:

The MMTA/APTA Transportation Safety Conference will be held on September 23 and 24, 2013. The Council voted unanimously to hold the event at the Samoset Resort in Rockport. Tim encouraged the Council to submit ideas for speakers and encouraged sponsorship and attendance at the conference.

The next meeting will be February 21, 2013 and will include a presentation on cargo securement for tankers and hazardous materials.

Future topics include CNG vehicles and hazardous materials training. Anyone with suggestions for presenters or other topic ideas is encouraged to contact one of the SMC officers or MMTA staff.



NATIONAL NEWS NATIONAL NEWS NATIONAL NEWS NATIONAL NEWS

www.pntc.net

UCRA Fees Won’t ChAnge FoR 2014

At its December meeting, the board of directors of the Unified Carrier Registration Agreement voted not to recommend any changes for 2014 in the level of UCR fees paid by motor carriers and other entities. Under federal law, the U.S. Secretary of Transportation sets the UCR fees upon recommendations from the UCR board. The level of the fees will therefore remain for 2014 what it has been since 2010.

nYs ClARiFies DeCAl PlACement

The New York State Department of Taxation & Finance has issued a notice specifying more exactly just where on a vehicle the state wants motor carriers subject to the state highway use (weight-distance) tax to put the decals that show a carrier has registered the vehicle for the tax. After several years without the stickers, they are once again being required in New York as of January 1, 2013.

The instructions on the decal indicate they are not to be put on the bumper of a vehicle. The state now says, however, that they are to be placed “securely and conspicuously” on the front of the vehicle, as close as possible to the vehicle’s license plate, and may be put on the bumper. And don’t forget – the New York stickers are vehicle-specific: a given sticker needs to go on the specific vehicle for which it was issued.

FmCsA APPRoVes FiRst meDiCAl eXAmineR testing oRgAniZAtion;

FiRst m.e. tests sCheDUleD

On December 3, 2012, the Federal Motor Carrier Safety Administration approved its first testing organization for administering the Certified Medical Examiners test. Beginning May 21, 2014, only medical examiners that have passed a Certified Medical Examiners test will be able to perform driver medical certifications. Any medical doctor, doctor of osteopathy, doctor of chiropractic, advanced practice nurse, physician’s assistant, or other medical professional authorized by State laws to perform a physical examination may take the test.

FMCSA maintains a copy of the required curriculum online at http://nrcme.fmcsa.dot.gov/mehandbook/MEhandbook.aspx. Medical professionals that wish to take the test can register to take the test and for inclusion on National Registry at FMCSA’s National Registry of Certified Medical Examiners webpage at https://nationalregistry.fmcsa.dot.gov/NRPublicUI/home.seam. The Medical examiners’ certifications will last for ten years and the first test is scheduled for December 17, 2012.

Dot AnD AtA issUe notiCes on ReCReAtionAl mARiJUAnA

On Dec. 3, 2012, the U.S. DOT’s Office of Drug and Alcohol Policy and Compliance (ODAPC) issued a notice responding to Colorado’s and Washington’s approved ballot initiatives that legalized recreational use of marijuana. The ODAPC notice states that the new “state initiatives will have no bearing on the Department of Transportation’s regulated drug testing program” and that “Medical Review Officers (MROs) will not verify a drug test as negative based upon learning that the employee used “recreational marijuana” when states have passed “recreational marijuana” initiatives.”


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# Years Driving:______________________________

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2013

MMTA DRIVER OF THE MONTH

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1� Maine Motor Transport January/February 2013

MAINE NEWS MAINE NEWS MAINE NEWS MAINE NEWS MAINE NEWS

no inDiViDUAl liAbilitY FoR sUPeRVisoRs, lAW CoURt FinDs

By James R. Erwin, Pierce Atwood LLP

In a much-anticipated decision issued on December 11, 2012, the Maine Supreme Judicial Court (the Law Court) has held that supervisors cannot be held individually liable under the Maine Human Rights Act (MHRA) or the Maine Whistleblowers Protection Act (MWPA). By the narrowest of margins, the Law Court’s 4-3 decision in the case of Fuhrmann v. Staples finally resolves the question of supervisor liability after over a decade of uncertainty for employers following the Court’s 2000 decision in Gordan v. Cummings, in which it initially found supervisor liability but shortly thereafter withdrew its decision. The plaintiff in Fuhrmann worked in Staples’ South Portland and Biddeford stores for over eight years until she resigned in 2008. She alleged that within a few months after she reported discovering that someone had miscoded furniture in a way that she believed could constitute tax fraud, her schedule was changed in a way that made it impossible for her to continue to work. She sued Staples and five individual supervisors. The Superior Court granted summary judgment for Staples on the whistleblower claim, and also held that she could not sue the supervisors because neither the MWPA nor the MHRA (which established the procedure under whistleblower claims are brought to court) creates individual liability for supervisors. When the plaintiff appealed the decision, a group of Maine business and trade associations enlisted Pierce Atwood to file a brief on their behalf as amicus curiae (friends of the court) in support of Staples’ position that the individual supervisors could not be liable under the MWPA or MHRA. The decision turned on the interpretation of the (somewhat different) definitions of “employer” in each statute. The majority found the definitions ambiguous and thus also looked at the whole statutory scheme to resolve the question. The Court concluded that making employers, and not their supervisory employees, legally responsible for preventing and correcting workplace discrimination would better serve the legislative intent underlying the two statutes. This result is a very important victory for employers, who as we argued in our amicus brief would have faced a very different workplace dynamic if their supervisors had to concern themselves with avoiding personal liability. For example, the natural temptation for supervisors would be to hold protected class employees to different standards for performance reviews or disciplinary situations in order to protect themselves from claims. Further, the effect of this dynamic would be to make Maine employers less competitive by incentivizing supervisors to avoid merit-based decisions, and by adding to the overall cost of employment (such as increased insurance premiums for coverage for employment claims). While the Law Court held for Staples (and all employers) on the individual liability issue, it reversed the summary judgment for Staples and sent the case back for trial, finding that there were issues of fact about whether the report about the furniture played a part in Staples’ decision to change her schedule, which she claims forced her to resign. This result is yet another indication from the Law Court that it does not favor the grant of summary judgment for employers. That issue is beyond the scope of this article, but we will be addressing it in due course. Note: Pierce Atwood filed an amicus brief on behalf of the Maine State Chamber of Commerce, Portland Regional Chamber of Commerce, National Federal of Independent Business, Associated Builders and Contractors of Maine, Maine Innkeepers Association, Maine Restaurant Association, Maine Motor Transport Association, Maine Merchants Association, and Maine Grocers’ Association.

mAine inteRstAte CommeRCe sAles tAX eXemPtion & Dot

AUthoRitY

As many in the Maine tucking industry already know, there is no sales tax on vehicles that are instrumentalities of interstate or foreign commerce if it is; 1) placed in use by the purchaser as an instrumentality of interstate or foreign commerce within 30 days after it is purchased; and 2) that it is used by the purchaser not less than 80% of the time for the next 2 years as an instrumentality of interstate or foreign commerce.

The issue has arisen, however, as to whether this same exemption applies to equipment that is being operated under the DOT authority of someone other than the purchaser as is the case with many owner/operator lease agreements. Chances are it does not.

The position of Maine Revenue Services (MRS) is that any time spent by a carrier operating under someone else’s DOT number does not count as part of the 30 day or 80% requirements described above. This is true even if the carrier has their own DOT authority but, due to customer or broker requirements, must haul under a different carrier’s authority. This is not to say that a carrier who sporadically leases on with another carrier won’t meet the 30 day or 80% thresholds, but it will become more difficult because all time spent hauling under someone else authority will not count.

Common sense would tell you that the sales tax exemption should apply regardless of operating authority – the equipment is still an instrumentality of interstate commerce – but there is sufficient case law to support the MRS position. If considering entering into a lease agreement to haul freight, be aware that the decision to operate under your DOT number or the authority of another carrier could have significant impacts if you plan on using the sales tax exemption for vehicles utilized in interstate commerce.

ReCent UnemPloYment DeCision PRoDUCes A CAUtionARY tAle

Members of the MMTA know about the federal rule restricting CMV drivers use of hand-held cellular phones – prohibiting them from holding, dialing, or reaching for a hand-held cellular phone but allowing the use of hands-free devices. Many trucking companies have strict policies reflecting this prohibition and most have undergone comprehensive driver education and enforcement in light of the serious risks presented by distracted driving. With this in mind, a recent decision by the Maine Department of Labor adds another twist to an employer’s responsibility in this regard.

The carrier in this case had a driver who had been with them for 11 years who they discharged for misconduct. His offense was breaking the company’s long-standing policy (clearly communicated to every driver long before the infraction) prohibiting the use of hand-held cell phones while driving a company vehicle. The driver had been warned two years prior about the same offense and was suspended at the time for a week without pay. However, in 2012 he was witnessed, by his direct supervisor at a toll booth, defying this policy once again. The driver even admitted to taking the call from his mother that day.

Initially, his claim for unemployment was denied because it was clear that the discharge was for misconduct connected with his work – a clear cut resolution to an obvious circumstance, right? Not so fast.

The driver appealed the decision and was granted unemployment benefits. He

January/February 2013 Maine Motor Transport 1�

RemembeRing A PRoFessionAl DRiVeR

Peter Kennedy grew up on Bridge Street in Milbridge, Maine, with his sisters Suzette and Betsy. He was the middle child. From a very young age Peter was fascinated by trucks. Each Christmas his parents would buy Peter a Tonka truck, but when he was ten years old things were tight for the family and his parents told him they could not afford to buy one for Christmas. Peter was broken hearted which was evident to his folks. On Christmas Eve his Dad decided Peter just had to have that truck, so he travelled some twenty miles to a store which was about to close and purchased the last Tonka truck on the shelf. Needless to say Peter had a merry Christmas.

From that early age Peter was determined to be a truck driver, and at 16 years old he got a summer job driving a dump truck. He proclaimed “someday I want to own my own truck.” At 19 years of age Peter was drafted into the Army, and at the Aberdeen Proving Grounds in Maryland, he learned to operate tractor trailers. After an honorable discharge he set out to fulfill his dream of purchasing a truck and becoming a long haul trucker.

Over his career he drove in excess of 5 million accident free miles spanning over 37 years. His longest employment was with the trucking companies owned by his good friend Ray Veilleux, namely Trans Coastal Corp and Classic Carriers Inc. For a time Peter was an owner operator and soon sold his truck and became a company driver. He drove over twenty years for Ray mostly running from coast to coast.

In 1986 and again in 1991 he was voted “Driver of the Year” for Trans Coastal Corp., and was voted by his peers to several terms on the “Driver Safety Board”. Peter was an exceptionally safe driver and a role model to other drivers. He received numerous ATA safety awards including 37 years of accident free driving.

In 2001 Ray purchased a fancy a new Peterbilt tractor and stainless steel reefer trailer in preparation for his “semi-retirement”. Because of his 20 years of service and his exceptional driving ability, Peter was entrusted with Ray’s new rig. This was Peter’s favorite rig and he loved driving it all over the country. Peter was a true professional.

After several years of illness Peter passed away on September 13, 2012. Nearly 50 drivers and former coworkers attended a memorial service in honor of Peter. He will be sadly missed by his family and all who came to know him over the years.

MAINE NEWS MAINE NEWS MAINE NEWS MAINE NEWS MAINE NEWS

made the argument that, even though he knew he would be in violation of company policy, he did so because he believed the call might have involved an emergency relating to his child who was in the care of his mother at the time. The hearing officer asserted that “A violation of a reasonable company rule based on a regulation is not in and of itself substantial evidence of misconduct.” The hearing officer went on to agree that, even though the driver made a good faith error in judgment, it did not disqualify him from benefits.

In this case, the employer did everything right. They had a policy that conformed to the federal regulations, communicated that policy to each of their drivers, enforced the policy when necessary, and assumed they were satisfying their responsibility to public safety by relying on this policy to mitigate the risk of driver distraction. What more could they do short of confiscating each driver’s cell phone prior to their shift? In the end, this is just one more example of liberal interpretations of Maine laws where individuals are not necessarily held responsible for their own actions.

PeterKennedy



mAJoR CsA ChAnges tAKe eFFeCt DeCembeR 3, 2012

FMCSA Administrator Anne Ferro has announced that several previously published changes to the CSA program were uploaded and are now in place. These changes will now be applied to the monthly update of carriers’ Safety Measurement System (SMS) scores. FMCSA usually updates carriers’ scores on or about the 21st of each month, but chose to update the December scores early using the newly uploaded SMS changes.

Below is a summary of the SMS changes which are now in effect:

Moving load securement violations into the Vehicle Maintenance BASIC.Renaming the Cargo-Related BASIC the Hazardous Materials (HM) Compliance BASIC. HM BASIC scores will not be made publicly available until December 2013. In the interim, they will only be available to motor carriers and law enforcement officials. The intervention threshold for the HM BASIC with be set at the 80th percentile.Reflecting in carriers’ public on-line records the percentage of their inspections that involve placarded quantities, to provide some context to their scores (e.g., if the carrier very infrequently transports placarded HM).Renaming the Fatigued Driving BASIC the Hours-of-Service (HOS) Compliance BASICAttributing to motor carriers those violations found on equipment offered/provided by an intermodal equipment provider that should reasonably have been identified by the driver during his/her pre-trip inspection. Removing from consideration in the Unsafe Driving BASIC all speeding violations between 1 and 5 mph over the posted limit. This change will be made to all such violations retroactively (for the prior 24 months) and moving forward.Reducing to “1” the severity weight for those speeding violations where a mph is not indicated. This change will be made retroactively to all such violations that occurred on or after January 1, 2011 and moving forward.Making the severity weights for comparable EOBR and logbook violations the same. Previously some hours of service violations (e.g. form and manner; no logbook) carried more weight for paper logs than for EOBRs. Now, all form and manner violations (both paper and EOBR) will bear a weight of “1” and failing to have a log will carry a weight of “5.”Establishing new criteria for defining which carriers will be subject to the lower HM intervention thresholds in each BASIC. To be subject to the lower thresholds, carriers must either possess a HM safety permit or have at least two inspections in the prior 24 months involving a vehicle transporting a placarded quantity of HM, and with one of these inspections in the prior 12 months. Also, unless the carrier holds an HM safety permit, at least 5% of its inspections must involve a vehicle transporting a placarded quantity of HM.Note: Even non-hazmat carriers can be assigned scores in the HM BASIC if they are cited for violations in that BASIC.Ensuring all recorded violations accurately correspond to the relevant inspection type. In other words, only driver violations (not vehicle violations) stemming from “driver-only” inspections will be counted and vice-versa.Changing the terms used to describe carriers that do not have enough inspections to be measured in a BASIC from “insufficient data” to “< than 5 inspections.” Also, the performance of those without adequate violations to be scored will no longer be labeled “inconclusive,” but instead “no violations within 1 year.”Assigning a percentile score (e.g., 0%) to those carriers with a sufficient number of inspections, but otherwise lacking sufficient violations to be scored (does not have at least one violation).Revising the “Summary of Activities” section of a motor carrier’s information on the SMS website to separately list fatality and injury crashes.

FMCSA is expected to propose, evaluate and implement additional changes on an on-going basis. To that end, FMCSA will likely propose another set of program improvements early next year. These proposed changes will likely include:

Adjustments to the severity weights assigned to violations.Fine-tuning the utilization factor used to incorporate vehicle mileage into the exposure measure in the Crash Indicator and Unsafe Driving BASICModifications to the safety event (peer) groups FMCSA uses to compare carriers of similar size and exposure.

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Maine Motor Transport Association and Fleet Screen have developed a proprietary background check service for MMTA members to assist them with their driver screening needs.

Criminal Background Checks and Motor Vehicle Records (MVR’s) are essential screening tools for motor carriers to ensure that their prospective drivers meet the safety criteria established by the industry and company policy.

All reports are FCRA (Fair Credit Reporting Act) compliant and are reviewed by Fleet Screen prior to reporting to your company.

Screening Packages are as follows:

Product descriPtions

sociAL securitY trAce And VeriFicAtion

This is the first step in identifying false information provided on a job application. From these searches we verify that the social security number was actually assigned to the Subject, the state of issuance, as well as other names the Subject has used and a complete address history. The number is also verified through the Master Death Index.

nAtionWide criMinAL dAtABAse seArcH

The Nationwide Criminal Database Search is a comprehensive database search that provides criminal information from 40 states and 32 state sex-offender registries. Provides rapid access to the largest criminal database available with millions of offense records. It is a valuable information resource that may discover convictions in counties not identified in a Social Security Trace or County Criminal Report if the subject never lived in the county. Records from states are indexed from state correctional institutions, sexual offender and violent offender lists, the Office of Foreign Asset Control (OFAC) and some state and county court records.

countY criMinAL records

A Criminal history search using name, date of birth and social security number. We search for all felonies and misdemeanors in the county of residence. Results include case number, violation date, filing date, charges, plea and disposition. This search also produces any active warrants or open cases that an applicant may have.

Motor VeHicLe rePorts(MVr’s)

Driving Records obtained directly from the Department of Highway Safety and Motor Vehicles by state of issue. We are an authorized network provider for state DMV’s and have a direct line into the department database of each state. Records are retrieved directly from that database.

coMMerciAL driVer’s License inForMAtion sYsteM(cdLis)

CDLIS allows employers and their agents to comply with FMCSA requirements (§ 391.21-391.27), by searching within the “Commercial Driver’s License Information System” for any prior licenses, current CDL and up to three prior licenses held by said individual. Provides user with:

Present Jurisdictional State and Driver’s License Number NameDOB Up to Three Previously held CDL Numbers AKA Information

Mandated by the Commercial Motor Vehicle Safety Act (CMVSA) of 1986, CDLIS supports the issuance of commercial driver licenses (CDLs) by the jurisdictions, and assists jurisdictions in meeting the goals of the basic tenet "that each driver, nationwide, have only one driver license and one record" through the cooperative exchange of commercial driver information between jurisdictions.

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MAine criMinAL record cHecK

Checks of Maine Criminal History Record Information and Maine Juvenile Crime Information:

The State Bureau of Identification provides criminal history record information and juvenile crime information from data gathered from Maine law enforcement agencies, prosecutors, courts, and correctional facilities.

(ordered a-la-carte)$30.00 each$28.00 each

indiViduAL screening serVices:Motor Vehicle Reports $15.00 each (all states excluding AR, CT, DE, OK, RI & VT)Motor Vehicle Reports $23.00 each (In AR, CT, DE, OK, RI & VT)ME MVR from MMTA $8.00 each (next day) or $10.00 (same day)*CDLIS Reports $3.75 eachCounty Criminal Records $12.00 each**National Criminal Records $12.00 each

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driVer BundLed PAcKAgeincLudes:

Social Security VerificationCDLIS ReportMaine Driving Record (MVR)National Criminal Database1 County Criminal Report

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MAine criMinAL record cHecK incLudes:Criminal history record and juvenile crime information maintained by the Maine State Police, State Bureau of Identification. Conviction and adjudication information for adult and juvenile crimes committed within the State of Maine that the Bureau of Identification currently has on record, as well as pending cases less than one year old.

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*This is an MMTA product and not offered through Fleet Screen**Court fees may apply in isolated counties. Please contact MMTA or a Fleet Screen representative for additional information on courts that charge access fees.

DO YOU REALLY KNOW

WHO YOU ARE HIRING?



This opportunity is for overall event SPONSORSHIP only suchas the golf tournament (this year it will be held in Vassalboro), the Truck Driving Championships, the Professional Technician Skills Competition, the Annual Banquet, etc. Separate sponsorship opportunities will be handled on a first come, first served basis for:

Hole sponsorships at the golf tournament.Closest to the pin and longest drive sponsors at the golf

tournament.Door prize contributions at all events.Award sponsors at MMTA events.

Please send this form with checks made payable to MMTA, Attn: 2013 Annual Sponsorship ProgramPO Box 857, Augusta, ME 04332-0857

Do you wish there was a way to pay ONE amount and be recognized as a MMTA sponsor all year?

Back by popular demand, members can again take advantage of bundled pricing and hassle-free advertising in support of one of the largest and furthest-reaching membership organizations in the state of Maine. Participation in this AnnualSponsorship Program is an easy, effective and efficient way to support the MMTA and be sure your company is recognized all year round - simply send us this form with your payment indicating the sponsorship level desired (see levels below). It’s that easy!

What are the benefits of this Annual Sponsorship Program?It supports an organization whose sole purpose is to help trucking in Maine.Guaranteed visibility for your organization within the transportation industry – if you are not being recognized as

supporting the MMTA, chances are your competitors will!!No more worrying if your organization has or hasn’t sent in the paperwork for all of the events – you do it once and

you’re done for the year!No more concerns about which events to sponsor.No more remembering to leave enough in the advertising budget for a MMTA event late in the year.Recurring exposure in the Maine Motor Transport News Magazine, with a circulation of around 1,400 each edition!

COMPANY NAME: _______________________________

SPONSORSHIP AMOUNT: $ _______________________

CHECK ENCLOSED or SEND INVOICE

2013 ANNUAL SPONSORHIP PROGRAM

Platinum Level $3,500 Recognition as a Platinum Sponsor at the Golf TournamentOne FREE Foursome at the Golf TournamentRecognition as a 2013 Annual Sponsor at each MMTA event

Includes:

Gold Level $2,500 Recognition as a 2013 Annual Sponsor at each MMTA eventIncludes:

Silver Level $1,500 Recognition as a 2013 Annual Sponsor at each MMTA eventIncludes:

(please circle one)

2012 ANNUAL SPONSORS INCLUDED INDUSTRY LEADERS SUCH AS:


RemembeR - honoR - teACh

EXPERIENCING WREATHS ACROSS AMERICAArticle and Pictures by Randy DeVault - MMTA Training Coordinator

What a great honor and privilege to have taken part in this year’s journey with Wreaths Across America! The trip, which began in Maine on December 9, 2012 made various stops in Maine, Massachusetts, New York, New Jersey, Pennsylvania, Delaware, and Maryland. We reached Arlington National Cemetery in Virginia on December 15, 2012. The convoy of 10 trucks began in Harrington after a well-attended ceremony. Two of the original trucks were scheduled to split off to deliver wreaths to other parts of the country. A last minute order of 5,000 wreaths to be delivered to Arlington prompted two others join us for the last leg into Arlington. The 8 companies and drivers that made the complete trip were: Scott and Lorna Harris (Harris & Sons Trucking and Gold Star Parents), Robert Parsons (Hartt Transportation), Robert and Cindy Sousa (Pottle’s Transportation), Dave Mott, (Wal-Mart Transportation whose son serves in the military), Eddie Hosegood and Jerry Charron (Driving Team for ATA), Larry Wark (Wal-Mart Transportation), Robert Nowack (Witte Bros.) and myself (MMTA).

Joining us to deliver the last minute order of 5,000 wreaths was Dave McMullen and his wife from Wal-Mart (also Gold Star Parents) and Dan Sullivan and Mylan Stoddard driving as a team from Hannaford. In all, there were 93 trucking companies and 130 drivers – some loading, others relaying trailers to various locations – making it possible to deliver over 400,000 wreaths made in Maine to over 600 Veteran cemeteries throughout the United States & overseas. 110,662 wreaths were placed on headstones at Arlington.

The Convoy was fully escorted by 4 Maine State Troopers; Tr. Kyle Willette, Tr. Elmer Farren, Tr. John Kyle and Tr. Trevor Snow. The Patriot Guard Riders also began the convoy in Maine with a few members, but their entourage grew by several more riders as we passed through each state. Four of the Patriot Guard had driven from Virginia to Maine in order to make the entire journey. My hat goes off to them for enduring some pretty cold temperatures. Last, but certainly not least,

Holden Elementary ceremony

Ceremony/presentation inside Dysart’s shop

Young Marines - Waterville Elks Club prior to ceremony

Various law enforcement support

Quirk Cheverolet donated vehicle for Wreaths Across America trip

Chevrus High School Students put together goodie bags for those travelling in convoy to

enjoy during their trip

Welcome sign at Westbrook Middle School

Outside Wells Middle School

Impressive crowd at Westbrook Middle School

Outside Wells Middle School




we were also privileged to be joined on the entire trip by First Lady Ann LePage. Governor Paul LePage joined us in Arlington on Saturday morning to take part in the wreath laying.

It was special for all of us involved in the convoy to meet the Worcester family and to hear from Morrill and Karen Worcester on how this all began. They are truly remarkable people! I was also overwhelmed to hear others along the way share what the Wreath’s Across America means to them, especially from those who have lost loved ones. It does not take long to understand why many people taking part in the events were carrying tissues, especially when at certain ceremonies they played Amazing Grace on the bag pipes, fired guns, folded the flag while giving the meaning of each fold as they went as well as the sound of taps being played on the trumpet.

As we drove through several towns along our journey, fire trucks would often have the American flag flying from their equipment. Some would have two ladder trucks, one on each side of the road, and draping the American flag in the center so we would drive underneath. It is hard to put into words the emotions you feel when you drive down streets while hundreds of people are standing on the sides of the roadway waving American Flags. At several of our stops, there were hundreds of school children waving and chanting USA…USA…USA! The feelings of pride and emotion that pour through you as you pass by are difficult to put into words, but are quite simply overwhelming!

What an amazing sight to drive into Arlington cemetery with over 15,000 people clapping and waving as they greeted us driving in. There were 30 tractor trailers already pre-staged in the cemetery waiting for our arrival to start the laying of the wreaths at 9:30 am. Each of those selected to deliver to Arlington National Cemetery were given an area of the cemetery to stage in. I was assigned to stage in Section 60, which are the graves from our recent conflicts that we are all too accustomed to hearing about on the nightly

Convoy going through Kittery

Convoy rest stop in Auburn, MA

Entrance to Vietnam War Memorial in Holmdel, NJ

Rev. Rocky Angone (VA Patriot Riders) and three others came up

to Maine to join convoy

Spring Lake Fire Station, Ulster, NY (steel from the World Trade

Center)

Over 50 Patriot Guard Riders joined the convoy in NJ

Welcoming Gold Star Mothers in Holmdel, NJ

Vietnam War Memorial Ceremony

U.S. War Dogs Memorial

USS New Jersey




news. To read the dates on the headstones and realize how young these fallen heroes were when they gave the ultimate sacrifice is truly sad. Some of the large grave stones are engraved with the names of several fallen heroes who perished as a group. Seeing these grave sites made me think that too often we get wrapped up in our personal lives and that many forget the countless Americans who have given the ultimate sacrifice so that the rest of us can have our freedom.

As I was waiting in the staging area with my load of wreaths, I met a couple from California. As we talked, I learned that they had come to visit their son whom they had laid to rest in 2010. It was difficult, for me, to talk with them as they were very emotional and understandably so. They explained that they were hoping to be able to personally place a wreath on their son’s grave but would certainly be grateful if someone placed one there before them, as there were long lines of military personal and citizen volunteers who were waiting to be handed a wreath to place on a grave. Luckily, I had been given good advice to keep a wreath or two in the cab of my truck in case of a “contingency”. As the wreaths were beginning to be distributed, I was privileged to be able to give them one of my contingency wreaths so they could lay it on their son’s grave. They eventually made their way back over to the truck to thank me for the opportunity to place the wreath on their son’s grave. I told them there was no need to thank me for anything as it was the least I could do for their son who gave everything to protect our freedom and for allowing us to be there today to remember the fallen. It is people like S.S.G. David Senft who make me proud to be an American.

Later that morning I was able to participate in the wreath laying by placing a wreath at the grave of a Korean War veteran. As I did so, I wondered to myself when the last time the site was visited? I thanked the fallen soldier for his service to the military, even though I never had the chance to know him.

After the wreath laying was completed we were

Korean War Memorial, Philadelphia, PA

ROTC ceremony at Middletown, DE High School

Middletown, DE heading towards the High School

Stevensville, MD welcomes the convoy with chants of U.S.A, U.S.A!!

ATA’s Share the Road truck with the MMTA Mobile Safety Unit and a

WalMart truckConvoy heading into Arlington, going past the Lincoln Memorial

S.S.G. David P. SenftJuly 4, 1983 - November 15, 2010




moved to a staging area away from everything to be loaded with empty boxes for the trip home. A woman approached me and said she was from Arizona with her friend and was wondering if there were any more wreaths available. If not, she asked if she could she buy the wreath on the front of my tractor so they could place it at the grave of her friend’s late husband. Obviously I was more than honored to give her the wreath, and was privileged to assist them in placing in the wreath at the columbarium where their loved one was laid to rest.

Travelling back to Maine, I had plenty of time to reflect on the entire trip and experience. For me, it was the trip of a lifetime! The various sights and memories made along the way will be with me forever. The days were filled with so much emotion that it is hard to adequately express in words how the experience moved me. What I did not know, however, was that the most moving part of the trip would not happen until I was back to work.

Several days after returning, a Christmas card from the couple from California that I had met arrived at the office. The card contained a note of thanks and a picture of their son in uniform. I couldn’t believe they wanted to thank me again…when it was they and their son who deserve all of our thanks! I will cherish this card and photo as a reminder of what Wreaths Across America is all about…Remember, Honor and Teach.

Remember those who have given their life for their country.

Honor those who are serving.

Teach kids what freedom means.

I think First Lady Ann LePage said it best while laying a wreath “remember that they are not Republicans, Democrats or Independents they are fallen heroes…” They should never be forgotten for what they have done for our country.

Entrance into Arlington

Placing wreaths - all done by volunteers

Heading into Arlington National Cemetary

It is customary for the truck driver to unload the last box

Portland Fire Department at Chevrus High School. It was not uncommon for local fire departments to drape the American flag between ladders as the convoy passed




thAnK YoU




Jerry Charron, ATA RoadteamEddie Hosegood, ATA Roadteam

Robert Sousa, Pottle’s TransportationRandy DeVault, Maine Motor Transport Association

Larry Wark, WalMartDave Mott, WalMart

Scott Harris, Harris & Sons TruckingRobert Parsons, Hartt Transportation Services

Robert Nowack, Witte Brothers

Convoy drivers left to right:




Step 1

To properly fold the Flag, begin by holding it waist-high with another person so that its surface is parallel to the ground.

Step 2

Fold the lower half of the stripe section lengthwise over the field of stars, holding the bottom and top edges securely.

Step 3

Fold the flag again lengthwise with the blue field on the outside.

Step 4

Make a triangular fold by bringing the striped corner of the folded edge to meet the open (top) edge of the flag.

Step 5

Turn the outer (end) point inward, parallel to the open edge, to form a second triangle.

Step 6

The triangular folding is continued until the entire length of the flag is folded in this manner.

Step 7

When the flag is completely folded, only a triangular blue field of stars should be visible.

FLAG FOLDING (provided by USFlag.org)

As an Army and Navy custom, the flag is lowered daily at the last note of retreat. Special care should be taken that no part of the flag touches the ground. The Flag is then carefully folded into the shape of a tri-cornered hat, emblematic of the hats worn by colonial soldiers during the war for Independence. In the folding, the red and white stripes are finally wrapped into the blue, as the light of day vanishes into the darkness of night.

This custom of special folding is reserved for the United States Flag alone.

HOW TO FOLD THE FLAG

open edge

folded edge

open edge

folded edge

open edge

folded edge




FLAG FOLDING CEREMONYThe flag folding ceremony described by the Uniformed Services is a dramatic and uplifting way to honor the flag on special days, like Memorial Day or Veterans Day, and is sometimes used at retirement ceremonies.

The flag folding ceremony represents the same religious principles on which our country was originally founded. The portion of the flag denoting honor is the canton of blue containing the stars representing the states our veterans served in uniform. The canton field of blue dresses from left to right and is inverted when draped as a pall on a casket of a veteran who has served our country in uniform.

In the Armed Forces of the United States, at the ceremony of retreat the flag is lowered, folded in a triangle fold and kept under watch throughout the night as a tribute to our nation’s honored dead. The next morning it is brought out and, at the ceremony of reveille, run aloft as a symbol of our belief in the resurrection of the body.

THE MEANING OF THE FOLDS:The first fold of our flag is a symbol of life.

The second fold is a symbol of our belief in the eternal life.

The third fold is made in honor and remembrance of the veteran departing our ranks who gave a portion of life for the defense of our country to attain a peace throughout the world.

The fourth fold represents our weaker nature, for as American citizens trusting in God, it is to Him we turn in times of peace as well as in times of war for His divine guidance.

The fifth fold is a tribute to our country, for in the words of Stephen Decatur, “Our country, in dealing with other countries, may she always be right; but it is still our country, right or wrong.”

The sixth fold is for where our hearts lie. It is with our heart that we pledge allegiance to the flag of the United States of America, and to the republic for which it stands, one nation, under God, indivisible, with liberty and justice for all.

The seventh fold is a tribute to our Armed Forces, for it is through the Armed Forces that we protect our country and our flag against all her enemies, whether they be found within or without the boundaries of our republic.

The eighth fold is a tribute to the one who entered in to the valley of the shadow of death, that we might see the light of day, and to honor mother, for whom it flies on mother’s day.

The ninth fold is a tribute to womanhood; for it has been through their faith, love, loyalty and devotion that the character of the men and women who have made this country great have been molded.

The tenth fold is a tribute to father, for he, too, has given his sons and daughters for the defense of our country since they were first born.

The eleventh fold, in the eyes of a Hebrew citizen, represents the lower portion of the seal of King David and King Solomon, and glorifies, in their eyes, the God of Abraham, Isaac, and Jacob.

The twelfth fold, in the eyes of a Christian citizen, represents an emblem of eternity and glorifies, in their eyes, God the Father, the Son, and Holy Ghost.

When the flag is completely folded, the stars are uppermost, reminding us of our national motto, “In God we Trust.”

After the flag is completely folded and tucked in, it takes on the appearance of a cocked hat, ever reminding us of the soldiers who served under General George Washington and the sailors and marines who served under Captain John Paul Jones who were followed by their comrades and shipmates in the Armed Forces of the United States, preserving for us the rights, privileges, and freedoms we enjoy today.


DOT Collector Training

Dates and locations:

4/17/13 – MMTA Augusta10/18/13 – MMTA - Augusta

Time: 8:00 a.m. – 4:00 p.m.

Fee: $150.00 for members$200.00 for non-members$10.00 Chain of Custody Forms/Kits

Minimum of 5 for course

NATMI – CDS

Date and location:October 21-25, 2013 – Augusta

Hiring a Qualified Driver Date and location:6/28/13 MMTA – Augusta 12/6/13 MMTA – Augusta Time: 9:00 a.m. – 12:00 p.m.Fee: $60.00 for members

$85.00 for non-members(Sign in at 8:30 a.m.)

Golf TournamentJune 12, 2013 – Natanis Truck Driving ChampionshipsMay 18, 2013 (Dysart’s)Technician CompetitionMay 18, 2013 (EMCC)Annual BanquetJanuary 10, 2013 (Portland)Membership and Board Meetings1/10/13 7/17/134/17/13 10/16/13Safety Management Council2/21/13 5/16/138/15/13 11/21/13Safety ConferenceSeptember 23-24 Samoset-Rockland

MMTA Training & Event Schedule - 2013

REGISTER FOR ALL TRAININGS AND EVENTS AT:

Federal Motor Carrier Safety Regulations

Date and Location

3/8/13 MMTA – Augusta6/21/13 MMTA – Augusta11/8/13 MMTA – Augusta

Time: 8:30 a.m. – 1:00 p.m.Fee: $80.00 for members


Hazardous Material Training

Date and Location

3/15/13 MMTA – Augusta6/14/13 MMTA – Augusta10/11/13 MMTA – Augusta Time: 8:30 a.m. – 1:00 p.m.Fee: $95.00 for members


Defensive Driving

Date and Location

4/13/13 MMTA – Augusta7/19/13 MMTA – Augusta



Air Brake

Date and Location

TBD Air System MMTA – AugustaTBD Air Brake Foundation MMTA – AugustaTBD Air Brake ABS MMTA - Augusta


$175.00 for non-members(lunch provided)(Sign in 8:30 a.m.)

Mandatory Training for Entry-Level CDL Drivers

Date and Location

4/26/13 MMTA – Augusta Time: 9:00 a.m. – 3:00Fee: $80.00 for members

$140.00 for non-members

(Each registered attendee will receive a copy of the management edition of t h e FMCSR).

(Sign in at 8:30 a.m.)

Hours of Service

Date and Location

2/15/13 MMTA – Augusta4/19/13 TBD – Presque Isle6/7/13 Portland – Seasons8/23/13 MMTA – Augusta10/25/13 Bangor – Jeff’s Catering

Time: 8:30 a.m. – 12:00 NoonFee: $60.00 for members


Supervisor Training for Alcohol & Controlled Substance Testing Program

Date and Location

2/22/13 MMTA – Augusta4/19/13 TBD – Presque Isle5/10/13 MMTA – Augusta 8/9/13 MMTA – Augusta 11/15/13 MMTA – Augusta

Time: 8:30 a.m. – 12:00 NoonFee: $60.00 for members




Documents

Jan-Feb 2013 Magazine for Web