May 2014 Volume 73 Number 5 CalConTrk.org

Volume - 73 Number - 5 “Strength in Numbers” 1 2 May 2014 On the web at CalConTrk.org Volume - 73 Number - 5 “Strength in Numbers” 3 EDITORIAL & ADVERTISING CALIFORNIA TRANSPORTATION NEWS MAGAZINE 1(XFOLG$YHQXH‡8SODQG&$  ‡)D[  ‡&DO7UDQV1HZVFRP&DO&RQ7UNRUJ Lee Brown - Senior Editor & Bill Davis - Editor OFFICE DIRECTORY Volume - 73 Number - 5 CCTA (909) 982-9898 Ext. Lee Brown - Executive Director ...... 13 /CalConTrkAssociation @CalConTrk Lorraine Perluss - Executive Assistant ...... 21 Jesse Ramirez $G $I¿OLDWH&RRUG (VSDxRO ...... 22 Dianna Webster - Accounting Manager ...... 19 ASSOCIATION STAFF Betty Plowman 1R0HPEHUVKLS6HUYLFHV'LUHFWRU ......    z CCTA President Message - Susan Jones ...... 5 Rudy Navarrete 6R0HPEHUVKLS6HUYLFHV'LUHFWRU ...... (909) 329-5673 z([HFXWLYH'LUHFWRUV5HSRUW/HH%URZQ ...... 6 Interstate Trucking Conference Joe Rajkovacz - *RYHUQPHQWDO$IIDLUV &RPPXQLFDWLRQ ...... 27 z The 2014-19 or 20 Federal Highway Funding Bill ...... 7 Martha Muro 0HPEHUVKLS6HUYLFH5HSUHVHQWDWLYH (VSDxRO ...... 23 z Membership Services Director – Betty Plowman ......  Heavy-Haul Conference z*RY%URZQ¶V%XGJHW([SDQGV+HDOWK&DUH Greg Dineen - [email protected] ...... (760) 249-4376 Coverage Pays Down Debt and Shores Up Teachers’ Pensions ...... 9 Concrete Pumpers Conference z You Can’t Make This Up ...... 9 Hank de Carbonel - +DQN#&D3XPSHUVRUJ ......    AADT (800) 820-9314 'UXJ3URJUDP Ext. CONFERENCE NEWS Sandra Medina &60DQDJHU (VSDxRO ...... 17 z Western Trucking Alliance – Joe Rajkovacz ...... 10 Shelley Brown &ROOHFWLRQ6LWH&RRUGLQDWRU ...... 28 z -HQQ\/RULRV1HZ([HFXWLYH'LUHFWRURI0RELOLW\...... 11 Lisa Heaps 6HQLRU&66SHFLDOLVW...... 24 z Heavy-Haul – Greg Dineen ...... 12 HOLIDAY CALENDAR 2I¿FH&ORVHG z /RZEHG+HDY\+DXO7UDLOHUDQG2LO¿HOG Memorial Day ...... Monday, May 26, 2014 Float Manufacture in North America ...... 12 Independence Day ...... Thursday, July 4, 2014 z Concrete Pumpers – Hank de Carbonel ...... 13 Veterans Day ...... Tuesday, November 11, 2014 z CEMEX Founder Passes Away Suddenly ...... 13 Thanksgiving Day ...... 7KXUVGD\)ULGD\1RYHPEHU Christmas Day ...... Wednesday - Friday, December 24 - 26, 2014 LEGAL - REGULATORY - LEGISLATIVE New Year Day ...... Thursday, January 1, 2015 Presidents Day...... Monday, February 16, 2015 z No Toilet to Tap … Yet ...... 14 z San Diego APCD Follows Through on Small Fleet Funding ...... 15 ADVERTISERS INDEX (Alphabetical Order) z Can Undocumented Workers Sue for Discrimination? ...... 16 A & R Tarpaulins, Inc...... 27 z Should Alternative Power Vehicles Pay for Highways? ...... 17 Armstrong & Associates Insurance Services ...... 1 z Motor Carriers and O-O to “Lease” or “Not-to-Lease” ......  CalOSHA Consultation Service ...... 23 Meraz Consultores ...... 39 z CVSA Workshop Held in Los Angeles ...... 19 Superior Trailer Works ...... IFC, Center Fold, 44 z Regulatory Q and A ...... 19 SCIF Fraud Hotline ...... 41 z Pending State Legislation Affecting Highway Users ...... 20 Tiger Criminal Defense Attorneys ...... 19 z Obama Administration Releases Its Draft Highway Bill ...... 21 Varipro Systems ...... 39 State Compensation Insurance Fund ...... Back Cover z The Affordable Care Act for O-Os Updates ...... 23 CCTA Group Services American Alliance Drug Testing ...... 2 ENERGY & ENVIRONMENTAL American Alliance Authority & Compliance ...... 3 $I¿OLDWHV'LUHFWRU\...... 40-41 z CARB Board Approves Amendments to CCTA Transportation Advisor Hotline ...... 39 Statewide Truck and Bus Rule ...... 24 &ODVVL¿HGV ...... 43 z New Coalition Forming to Stop CARB Insurance: Dental Program...... 16 Mandated Fuel Price Increases ...... 25 Insurance: Vision Program ...... 14 Professional and Technical Services ...... 39 z To Frack or Not to Frack? ...... 27 Western Trucking Alliance ...... 3 Trucking Documents & Supplies ...... 44 DRUG TESTING 6WDWH&KDSWHUVDQG2I¿FHUV'LUHFWRU\ ...... 41 z Pre-employment Drug Testing Is a Serious Requirement ......  z Drug Testing Clearinghouse Roll-out Somewhat Incomplete ...... 29 ABOUT THE COVER: While we’ve z A View of the Clearinghouse From the TPA’s Perspective ...... 29 spent a lot of time focused on CARB, another issue affecting every member LA OPINIÓN and future work opportunity is whether Washington can come up with a new z Clearinghouse Sale Algo Incompleto de Las Prubas de Droga ...... 30 federal highway bill – and pay for it! z Llantas Michelin Listo Para el Prime Time ...... 31 While the White House and Senate have z Nueva Coalición Formando Para Detener dropped their versions of a bill, neither Aumentos Por Carb De Precios De Combustible ...... 33 is dealing seriously with the funding MEMBERS - CHAPTERS - AFFILIATES crisis as the highway trust fund heads for insolvency. Our cover picture could z Membership Services Director – Rudy Navarrete ...... 34 become a rarity in the near future – actual z MEMBER HIGHLIGHTS: Association road work occurring if congress can’t get its act together and Members Recognized by TA and Petro ...... 35 quit playing politics. Speaking of CARB, CCTA was present z Scholarship Awards Program Updates ...... 36 in Sacramento for two days at the end of April when the Board z Action in the Chapter ...... 37 approved amendments to the Statewide Truck and Bus rule. Our coverage of the spectacle (maybe a better word is “debacle”) begins in our CCTA Presidents message. I know some of you have been concerned about our name change to California Construction Trucking Association, which now includes all construction trucks but let’s face it; 6X]LB-DQH#3DFEHOOQHW all trucking today has the same challenges, from CARB to the DIR to the DOT and CHP. Our latest addition of the Western Truck Alliance (WTA) Another Day in Paradise….. with Joe Rajkovacz has been a huge benefit to our name Fresh off the CARB hearings in Sacramento on April and reputation nationwide. Joe’s almost weekly spots with 24th, I am feeling like I was thrown under a load in my truck, Mark Willis on XMSirius radio 128, the Road Dog Trucking dumped out, spread with a dozer and compacted. It is so channel, is providing the association with great national heart-breaking to listen to so many truckers talk with their visibility. two or three minutes of allotted time, about what CARB has done to their businesses, families and lives. Conferences, Alliances and Coalitions The good news was some relief was given to the small I have heard a few members voice their concerns about truck fleets, with three or fewer trucks and relief for the poor losing our dump trucking industry focus. This will not happen; folks in the Northern and Central clean air counties. we will always stay true to this core. We just had a situation where a member’s transfer dump CARB Will Never Stop truck was ticketed at a mine site in Arizona by a MSHA Safety Our fight with CARB is not a cheap one and with the and Health Inspector who knew nothing about how a transfer growth of our organization into other facets of the trucking safely operated. The inspector saw a driver hooking up the world, we may have the right backing to continue this trailer, inching the truck back to the trailer drawbar with the fight. I’m telling you now, it is NOT over, they will never momentary back-up button and apparently freaked-out and be satisfied with what they have now – ultra-clean diesel wrote the company up for “aggravated conduct constituting engines. They are already working on a second scoping more than ordinary negligence.” plan for more changes (hydrogen/electric powered trucks at Within 24 working hours of being sent the citation on a $275,000 a copy). We must remain ever diligent and stay Friday afternoon, Lee had contacted the regional assistant on top of their convoluted ideas behind destroying this state MSHA district manager; he generated a detailed email and every trucker out there to reach zero emissions when with truck operational wiring explanations, manufacturer’s less than ten percent of the PM emissions today come from transferring instructions, safety history, photos etc. On Monday diesel engines of all types. morning at 8:00 AM, the citation was “vacated”, meaning it PLF Annual Fundraiser really never happened! There was no loss of focus here. It was a nice relief Growth is good, but I want to guarantee everyone that from all the time spent we are still dump truckers at heart and they will always be in Sacramento with the our first child. CARB regulatory disaster The EC is now discussing a variety of new association to spend Saturday the subdivisions, including a “coalition” concept that recently 26th, with a number of created some concern with a few members of the EC/Board. We CCTA Board members, are reviewing the association bylaws now and with the help of staff and spouses. We our legal counsel, EC members and Board, we will make all the attended the annual fundraiser dinner for the Pacific Legal appropriate changes to satisfy everyone’s concerns. Presently Foundation (PLF) held in Redwood City at the Sofitel Hotel. there is really nothing in the bylaws addressing or managing It was all very French. To be honest, I don’t know if I was association subdivisions other than chapters and committees. more stressed-out over the CARB hearings or over having to STAFF ASSOCIATION wear a dress for this somewhat fancy function. NEXT BOARD MEETING A good time was had by all to support a great law group that is constantly fighting government’s intervention Summer Board Meeting and over-reach into many people’s lives and businesses. Hawthorn Suites During the event, PLF President, Robin Rivett, specifically %HUFXW'ULYH6DFUDPHQWR&$ recognized Skip Brown, Rob McClernon, Lee and I for all our support and involvement with PLF’s EPA-related June 21, 2014 litigation. Room Rate Starting at An Association in Constant Change $84/single & $94/double occupancy I’m not sure if everyone noticed all the new changes in Complimentary: the magazine last month reflecting the many conferences and Breakfast Buffet, 24-Hour Shuttle to and from Sacramento alliances that we now maintain. We are really growing and Airport, Hotel Parking, Internet Access in Guest and expanding our reach as an association under the guidance of Meeting Rooms the Executive Committee (EC), the Board, our manager Lee (916) 441-1200 Brown, staff and counsel.

Volume - 73 Number - 5 “Strength in Numbers” 5 I suggest you not blame the staff at CARB for all of this, I believe they even realize how “bad” this Rube-Goldberg of /HH%URZQ#&DO&RQ7UNRUJ Regulations is…. and not on the environment. I now hear much about all the fractionalized and dissatisfied groups of truckers that have: Yeah, It’s Not All About 1. Bought new things like DPF’s and trucks, many CARB – It’s More About unfortunately without any subsidizes, Incompetence! I hate to say it, but those of us at CCTA are well… sleeping well these nights. And why you may ask? Well because we have seen through the enviro-political-BS every day over the past 8 years, and stayed on course and helped represent all members’

ASSOCIATION STAFF interests. As you all know, we have been out there fighting against government regulatory junk science, overregulation and green corporate welfare at the expense of the small-business owner for just about, well forever. We have spent the last 8 years and hundreds of thousands of association dollars (none of it unfortunately coming from the Koch Brothers) lobbying, pushing back and even suing CARB over their ridiculous regulations. We have maneuvered to help all companies get more time to comply with regulations that we all know are built on a foundation of 2. Those that are actually in CARB compliance though scientific lies and regulatory agency deception. It began with other strategies and, UCLA’s John Froines and the SRP diesel emission “toxic” 3. Those that are saying “catch me if you can.” designation, it moved to academic cheat Hein Tran and his public health effects studies (CARBs justification for the I’m not sure who these companies are and with all the on and off-road diesel engine regulations) and CARB Chair changes in the CARB regulations, it’s hard to know who is Mary Nichols’ constant cover-ups of all this academic and in any of those categories, many are likely straddling two or scientific….well some would call it….fraud. even three. Government today is all so Machiavellian – who doesn’t It’s interesting, I recall past management at the CTA like that word? Nico Machiavelli was a 1500’s Florence Italy saying the CARB regulations were “too much too soon” citizen who is famous and even “named” for his political many times in CARB hearings and it was one of the few times science acumen and more specifically “political ethics” we did agree with them. And now I just hear, “CARB has writings. His name is widely used to characterize unscrupulous screwed everyone,” must be referrring to group #1 above. politicians and today most environmentalists’ claims.....and If you have purchased new things, or have helped their approach to ‘justifications’ embodied by the saying that others to do so, you are probably wondering how I can say “the ends justify the means.” Lying, junk-science, academic thought control and censoring, government over-reach…..it’s we helped or will help everyone. If you fit into this group, all good right.....if it will save the planet! we want to tell you that we have reached out to those that were threating to sue CARB over the rule extensions and But that’s now all water under the bridge….maybe. offered to help them if they needed to get more truckers (our Fortunately, we still have a great lawsuit against CARB that’s members) to form a class of similarly damaged truckers to just getting tuned-up with a scheduled hearing soon! join in an actionable lawsuit against CARB. (We are waiting The Final, Final, Final CARB Regulation for the lawsuit organizers outreach letter.) If you are a member in this category, we will be reaching out to you if The final CARB on-road diesel regulation will soon be released, and we will all know what you should be doing. this suit materializes. On page 24 there’s a great wrap-up story about the CARB So, here we all are 6, 7, 8 years later depending on when Board hearing. you decided to join us and read about what we were doing.

6 May 2014 On the web at CalConTrk.org The 2014-18 or 20 Federal Kicking The Can Down The Road Sen. Tom Carper (D-Del.) chairman of the Senate EPW Highway Funding Bill Subcommittee on Transportation said, “There’s a consensus By Lee Brown, Executive Director that we can’t ‘kick the can’ down the road, but not on how to Take a big breath and say, Generating Renewal, raise the money needed to avoid doing Opportunity, and Work with Accelerated Mobility, Efficiency, just that.” Carper said he continues to and Rebuilding of Infrastructure and Communities shop around a fuel tax hike – which throughout America Act, or GROW AMERICA Act. It is a he phrased as a move to “simply $300+ billion, four to six year transportation reauthorization restore the purchasing power” of proposal(s) that supposedly provides increased and stable a fee that hasn’t been raised in 21 funding for our Nation’s highways, bridges, transit, and rail years. “Do it over a period of maybe systems. four years, three or four cents a year and then index Unfortunately it’s evolving into just another example of it going forward,” Carper the partisan “kick the can” politics in this country, both parties said. “That has a lot of support.” afraid to work together as some group may be advantaged – wrongly. MAP-21 Expires at the end of September. There But it can’t be easy to convince Republicans of that, can are two proposals; one from the President, and one from it? Recently, Pres. Barack Obama used his Tappan Zee Bridge the Senate, the latter incidentally seems to be generating appearance to laugh at Republicans who idolize Ronald the most support, even with over 51 separate amendments. Reagan but are opposed to infrastructure investment today Politico said that the Senate Environment and Public Works based on a spending pledge. “Since when are Republicans (EPW) Committee is now taking up a bipartisan, six-year in Congress against Ronald Reagan?” Obama joked to the transportation bill, but the real drama will happen in the crowd. Congress, specifically the Republican-led House of coming weeks as Finance Committee members work on a Representatives, unfortunately shows no appetite for raising – funding solution. any sort of tax in an election year. Supposedly it’s all a bleak picture without any new I found it ironic, that while Obama castigates and pokes- money, highway funding would drop over 30 percent and fun at Republicans for not increasing taxes and spending transit money would be slashed by 65 percent over the next on infrastructure, arguably the most influential group in his decade to keep the appropriate financial cushions in each own party “the Greens” want nothing to do with highway account ($4 billion for highways and $1 billion for transit). funding either. Groups like the NRDC constantly double The Congressional Budget Office (CBO) projected that the speak about conforming to the Clean Air Act or lose federal fund faces a $164 billion shortfall in ten years. highway funding for a state like California, and in the next sentence say we have enough highways, find a different way to move goods. Their focus is rail and that’s where they CONTINUED FROM OPPOSITE PAGE would like to see all the proletariat living next to, while they What trucking organization has been more on the right side return the rest of the planet back to its natural state. Gaia of all of this than CCTA? Your dues which incidentally wills-it! haven’t changed since 1993 – at work. Fuel Tax Increase Inevitable New Michelin Tire National Frankly, we see no way around not increasing fuel taxes and also creating a Vehicle Mile Tax (VMT) scheme Pricing Program Rolling Out too. With the dramatic increases in zero-and low-emission I just want you all to know the great work Rudy and vehicles (ZEV’s), Prius’, Volt’s, Tesla’s and even high the staff have all done pulling together to get more “real” mileage diesels paying virtually little or no fuel taxes, there STAFF ASSOCIATION National Best Price discount programs for the members. are two distinct groups that will need to be fairly taxed. We have AADT, PrePass, etc. and now Michelin Tire and The federal tax on fuels, currently 18.4 cents a gallon on Interstate Batteries hooked-up for you. gasoline, 23.4 cents on diesel has been unchanged since On page 34, Rudy explains how 1993. Unfortunately, even increasing fuel taxes will not the tire purchase process works. Casing solve the electric tax free vehicle dilemma. CCTA is actually credit related transactions may be slightly supporting a bill (SB 1077) sponsored by Transportation different. California (See page 17), which is meant to establish a pilot program to collect “mileage based fees” to replace the Below is a slight teaser to our tire state’s existing fuel excise tax. program pricing, FET included. The bottom-line is, look for Congress to do the safe X-Line Engy T -11R22.5 - $461.11 thing…. like a six-month short term extension at current XT-1 - 11R22.5 - $461.75 funding levels, that would get Congress past the mid-term elections. Perhaps this would give them more time to address XTE - 11R22.5 - $426.23 highway funding in a serious manner before the 2016 XZE3 - 315/80R22.5 - $657.08 presidential election season, or in other words – kicking the XZA3 - 11R24.5 - $518.36 can down the pot-holed filled, traffic jammed road again!

Volume - 73 Number - 5 “Strength in Numbers” 7 drivers. A number of these carriers, like Gardener Trucking, received millions of dollars of Prop. 1B grant funds. In the afternoon, mostly small carriers spoke and there was %HWW\#&DO&RQ7UNRUJ heartfelt testimony from both sides, many near tears. The vote by the Board was delayed until Friday Another Emotional morning. They voted 9-1 to adopt the amendments. Board Member Hector De La Torre the lonely “No.” In his closing Rollercoaster statements he referred to those who had testified in favor For me to say this past month has been emotionally and of the amendments as “ignorant and defiant.” Incidentally, psychologically difficult would be an understatement. I was De La Torre is a former L.A. Assemblyman (who received heartbroken as I witnessed what I referred to in my October $500,000 in campaign funds from the Teamsters from 2006- 2013 article as “Civil War Between Truckers” absolutely 10) and is currently the executive director of the national came true. “non-profit” Transamerica Center for Health Studies, advocating for Obamacare. So who hates owner-operators I was at the CARB hearings to amend the truck rule, the most –CTA and Teamsters – they apparently got their April 24-25, and watched with dismay as many of our money’s worth this day! members who had once joined with us in the battle against ASSOCIATION STAFF CARB to sue them are now in compliance (and in debt) and Sort of a Win suddenly changing their positions. While those who were in favor of the delays were Some apparently forgetting who the real enemy is, clearly happy, I also knew that in dealing with this out of wrote in to, unfortunately, cancel their CCTA memberships. control agency, no business in California would ever truly Others posted scathing be a winner. “Regulation Nation” is an letters on the CARB’s understatement. As we have witnessed Public Comments web pages recently, even companies such as the green about “bottom-feeding rate- Prius-building Toyota are choosing to cutters,” etc. Yet deep in my leave for greener pastures. heart, after attending these I also knew that this would never be CARB meetings for eight over, that the air would never be clean years, I knew nothing would enough for these zealots. So even though ever be good enough for the I savored another victory to some degree, environmental community it was not joyful, too many had been hurt. and their regulators. Those Ironically, when we talk about winners and that bought new trucks losers, everyone is a loser here. seemed unable to grasp the fact that even these new expensive clean green diesel trucks I Told You So were still too “deadly” and will have to be replaced. On Monday May 5, CARB held a Back to the CARB Hearing public forum on their “Sustainable Freight Strategy.” Yes, within ten The April 24, CARB hearing day began at 8 a.m. with days of our finalization to the a rally, where 70 people showed on the north steps of the Truck and Bus Rule amendents, Capitol Building, hosted by Assemblyman Tim Donnelly CARB is moving forward to who is also running for governor. Both Joe and I were replace the 2010 diesel engines speakers too. I want to give a special thanks to Tony Luiz with hydrogen/electric hybrid. from the Monterey Bay Chapter who not only attended this Turns out the new ultra-clean diesel Capitol Rally, but walked the entire trek to the EPA building engines they once touted as good – while using a cane. That is true dedication. aren’t quite good enough, you must The first to testify were the local Air Pollution Control now proceed to “zero emissions.” District officers. Each one testified that these rules were You see, it’s really not about the having a very negative effect on their local economies (thank PM but CO2-causing climate change, that is goodness they finally acknowledged this). I would like to being hyped. This technology is not yet available. Money thank our members who contacted their local air districts is no object, as a CARB staff member gleefully told us she and told them how difficult this rule was on their businesses, has $50 million to spend on this new technology. We have making it possible for me to speak directly to many of these all heard this before; can you say Solyndra? I managed to officers months ago. sit calmly and resisted the urge to throw my shoes at the The first round of truckers to testify appeared to be speakers. mostly CTA members who had invested big money on So for the first time in ten years writing this column, I DPF’s and new trucks. Their message: “No Delays,” but will close with the same saying I used last month: “I told said they’d be glad to hire all the busted owner-operators as you so.”

8 May 2014 On the web at CalConTrk.org Gov. Brown’s Budget Expands Health Care Coverage, Pays You Can’t Make This Up Down Debt and Shores Up Normally, we forward the state Controllers monthly tax Teachers’ Pensions receipts with just highlights – but this latest one for April, struck me as being very telling about the bureaucrats and SACRAMENTO – Gov. Brown released a revised state party in control of this state. Controller Chiang actually said budget on May 13, that provides health care to millions more “A resurgent economy, combined with voter-approved tax Californians, pays down $11 billion in debt and fully funds increases, has boosted California’s fortunes by the tune of the teachers’ retirement system over time. an additional $2 billion.” “This May Revision is good news for California,” said “A resurgent economy” he claims, the same week Gov. Brown. “It shows that California can afford to provide Toyota announces moving over 3,000 high-paying jobs health care to many more people, while at the same time from Torrance to Texas, and a day later on a ARTBA paying its debts and shoring up the long-troubled teachers’ conference call, I heard Mark Leja, Division Chief of retirement system.” Construction for Caltrans said that the agency was going to The Governor’s revised budget plan comes on the heels “lose another $1-billion from their construction budget.” A of an agreement with legislative leaders of both parties to resurgent economy Chiang claimed? He must be referring bring greater stability to the state’s finances in the years to the Silicon Valley where nothing is made these days but the manipulation of electrons and ridicules corporate to come. The agreement, based on the Governor’s January valuations of mostly profitless start-ups. proposal, establishes a Rainy Day Fund that allows the state to save for the future while paying down its debts and Then as if to be proud of more wealth creation – I unfunded liabilities. The proposal is expected to go before mean redistribution through government taxation, he voters in November. excitedly says, “voter-approved tax increases, has boosted California’s fortunes.” How in the world does increased For the budget year (2014-15), the May Revision taxes ever boost the state’s taxpayers fortunes – oh that’s sets aside $1.6 billion to make the final payment on the right he is a public employee and the state’s coffers is what Economic Recovery Bonds and another $1.6 billion for the he was speaking about! You talk about being disconnected Rainy Day Fund. from reality! The May Revision reflects more than $2 billion in added costs over and above the January budget. This includes higher Press Release - State Controller spending to provide health care coverage under Medi-Cal John Chiang Releases April Report for a million more people, emergency drought assistance, Revenues for the month totaled $13.9 billion, added funding to meet the Proposition 98 guarantee for surpassing estimates in the 2014-15 Governor’s Budget by K-14 schools, caseload increases in the In-Home Supportive $303 million, or 2.2 percent. Year-to-date, revenues exceed Services (IHSS) program, additional contributions to the expectations by $2.17 billion, or 2.8 percent. California Public Employees’ Retirement System (CalPERS) CONTINUED ON PAGE 11 and added staffing to administer California’s unemployment insurance program. expected to rise from 7.9 million in 2012-13 to 11.5 million When Gov.Brown took office, the state faced a massive in 2014-15, for a total cost increase of $2.4 billion. $26.6 billion budget deficit and estimated annual shortfalls of roughly $20 billion. These deficits, built up over a decade, Increased Money for Drought Response have now been eliminated by a combination of budget cuts, The May Revision provides an additional $142 million STAFF ASSOCIATION temporary taxes and the recovering economy. ($121 million General Fund) in drought-related expenditures to reflect necessary spending on firefighting, emergency Significant Details of the May Revision: response, water management, wildlife preservation and food Shoring Up Teacher Pensions assistance. The May Revision proposes a plan of shared Paying Down Debts and Liabilities responsibility among the state, school districts and teachers to shore up the State Teachers’ Retirement System (STRS). The Governor’s January Budget proposes to reduce the The increased contributions in the first year from all three Wall of Debt by more than $11 billion this year alone and parties total about $450 million, but would grow thereafter fully eliminate it by 2017-18. The Budget will completely to more than $5 billion annually in 2020-21. The plan would pay off all remaining deferrals to schools and the Economic eliminate the unfunded liability in approximately 30 years. Recovery Bonds this year. The May Revision includes an additional $100 million to repay a portion of existing Implementing Federal Health Care Reform mandate reimbursement claims that have been owed to local Compared to what was projected in the January budget, governments since at least 2004. 1.4 million more people will be covered through Medi-Cal, Additional details on the May Revision can be found at at a cost of an additional $1.2 billion. Enrollment is now www.ebudget.ca.gov.

Volume - 73 Number - 5 “Strength in Numbers” 9 -RH#&DO&RQ7UNRUJ

www.calcontrk.org/western Rate-cutters, Bottom-feeders, And Economic Reregulation on CARB’s radar screen. But what about those not registered for any exemption/extension and not on the radar screen Having spent two days in Sacramento attending the because they are knowingly in violation? CARB claims CARB Board hearing on amendments to the Statewide there is an 80 percent compliance rate with the Statewide Truck and Bus regulation, it was disheartening to hear many Truck and Bus rule – something many rightly scoff at. I in attendance basically engage in negative name calling of suspect the number of truck owners whipping their finger their fellow truckers. There were many in attendance that at CARB, who have no intention of ever registering – even expressed their disagreement for the “loan denial” provision with those supportive of is a much bigger number that CARB amendments. Many those genuinely seeking a

CONFERENCE NEWS complained “non-compliant” compliance pathway they can truckers were the reason rates reasonably meet. are so depressed. Well, I guess I could write this op-ed as if I I get calls all the time from were sitting on a fence-post freeloaders seeking information and want to try and appease all from the association who sides – I won’t and I’ll probably are not members and have torque-off some readers with never registered in TRUCRS my observations. for an available exemption/extension, yet they are in the marketplace competing with everyone, unafraid of CARB There is a big difference between those who will never enforcement. Often, I find out they have multiple trucks comply with CARB mandates – they absolutely exist and with actual employees and guess what? They are illegally those simply needing a little more time. As an association paying those drivers as independent contractors and issuing that has members on all sides of this issue, we do have a 1099 instead of a W-2 for wages paid. No unemployment members who are truly struggling to comply for a wide insurance cost, no workers compensation, no social security variety of reasons – and not because they are rate-cutters match, no tax withholding, no nothing. This practice has or bottom feeders – phrases used by some attending the gone on forever in the trucking industry. If the industry meeting. During the CARB Board meeting, the “loan denial” is looking for scapegoats for the poor economics, it is my provision created the most division among truckers and “humble” opinion that these types of rogue operators – of mostly, opponents of the provision believe it is rewarding which there are untold numbers, are the real culprits in those who “chose” not to comply (a sentiment echoed by keeping downward pressure on rates. a CARB Board member Hector De La Torre) because it allows them to remain in the marketplace and depress rates. Level the Playing Field It is understandable that those who invested in newer If I’ve heard it once from truckers, I’ve heard it a trucks and technology to comply with CARB’s mandates million times, “what good are regulations if they are not need extra “juice” to support the added financial burden, but enforced?” I always thought that was a good question and the blanketed blame of all fleets – especially owner-operators unfortunate truth is most regulations are unevenly enforced; struggling to comply with CARB’s regulation(s) as the it’s called “selective enforcement” and can have serious reason for depressed rates in my opinion is attempting to negative economic consequences on the whole industry. scapegoat a minority for a deeper problem with the entire How many times have we all heard the phrase, “Level the trucking industry. playing field?” From Sacramento to Washington D.C. that catch-phrase is typically used as a code for more regulation Too Many Regulations and of the industry – especially focused on smaller entities. The Little or No Enforcement intention of mouthing the “level the playing field” mantra A reality check on that sentiment is that with hundreds often is to increase the little guy’s costs and make it more of thousands of registered trucks in California only 5,000 difficult for them to compete with their larger competitors in truck owners (15,000 nationwide) registered earlier this year the marketplace. There is no sugar coating the fact – larger, for the similar “Good Faith Effort” compliance extension. sophisticated, politically savvy, and deep pocketed motor That is not a sufficient number of trucks statewide to alter carriers and their association(s) have become very adept at the economics of the industry whether it’s in construction or the hidden game of economically reregulating the industry freight hauling. Those who registered with CARB are in fact using the rulemaking process – CARB is no different.

counted towards the overall compliance numbers – they are CONTINUED ON PAGE ACROSS

10 May 2014 On the web at CalConTrk.org From encouraging environmental regulation, mandating Jenny Larios New Executive electronic logging, increased minimum insurance Director of Mobility 21 requirements, the list is endless of regulatory mandates Mobility 21, the multi-county southern lobbied for and overtly supported by those who would dare California transportation funding promotion preach “market-based” economics to many in trucking. organization, has a new executive director Virtually every one of these “reforms” couched under the — Jenny Larios, a 16-year veteran of the guise of “safety” or “good environmental stewards” has transportation industry. virtually no cost for the champions of more regulation. As part of their business model they have already adopted Larios has business development, marketing, most, if not all of the mandates they want to force-feed down government affairs and communications everyone else’s throat. The purpose is simple: raise your experience, having worked with leading architectural and engineering firms including Fluor, cost of operations. RBF Consulting and HDR. She has also held leadership Raising the Bar for Entry positions with the Society for Marketing Professional Services (SMPS) and Women’s Transportation Seminar That phrase isn’t just a slogan for FMCSA Administrator (WTS), where she serves as the Orange County Chapter Anne Ferro when discussing the agency mission related President. to motor carrier safety, it is also the desire of many motor carriers that want to limit competition. They support all Her background brings a strong understanding types of regulation and legislation specifically designed to of the project delivery side of the consulting industry knee-cap the ability of someone to enter the business. In encompassing many modes of transportation, including this new era of record used truck prices and environmental highway, transit, rail and maritime. She has made significant regulations that places a shelf life on the truck you own, it’s contributions to our industry through her volunteer efforts, raising record amounts for student scholarships for female not so far off to wonder where all the future new owner- high school, undergraduate and graduate students through operators and fleet owners will come from. her leadership at WTS. I was reminded by a member that we all began with As the Executive Director of Mobility 21, Larios “some old piece of crap iron.” Who starts out in the industry will support the twelve-member, public agency and with new equipment? Nobody does. private sector board of directors in leading a seven-county My first truck was a 1979 GMC Astro with a 6V92 coalition (Imperial, Los Angeles, Orange, Riverside, underneath. It wasn’t pretty, but it was cheap and I San Bernardino, San Diego, and Ventura counties) in effectively competed with carriers of all sizes because my advancing the organization’s mission: to bring increased cost-of-operations were much less - I guess that made me a transportation funding to Southern California, promote “bottom feeder.” regional transportation solutions and improve mobility throughout our communities. I’m not naïve and think marketplace competitors are Ms. Larios began working with Mobility 21 on April 28 and may be ever going to have a “kumbaya” moment where we put on reached at [email protected] or 949.288.6884. a united face when dealing with regulators. Once someone has complied with a rule or regulation, they rightly want to see it evenly enforced on everyone else. That is a fair You Can’t Make This Up - sentiment. Unfortunately, I also believe strongly that what I CONTINUED FROM PAGE 9 witnessed on April 24th was an orchestrated display of faux “A resurgent economy, combined with voter- CONFERENCE NEWS anger that misplaced blame for poor industry economics. approved tax increases, has boosted California’s There is a huge problem with non-compliance in the fortunes by the tune of an additional $2 billion,” said market that is costing everyone dearly – even those seeking Chiang. additional time to comply with CARB’s regulations. “This good news will feed the temptation to spend, Unfortunately, I believe the industry is “tripping over dollar but that should be tempered by two absolute certainties: bills to pick up pennies” and missing the larger issues boom revenue cycles are always followed by times hampering the economics of the entire industry. of exasperation; and years of accumulated debt and unfunded liabilities must be effectively managed if California hopes for long-term prosperity.” Income tax collections for the month came in $82.9 million, or 0.8 percent, above estimates. Corporate taxes, in a rare surge, came in above estimates by $179.6 million, or 11.9 percent. Sales taxes were the only major revenue source to lag projections, coming in short by $15.4 million, or 2.3 percent.

Volume - 73 Number - 5 “Strength in Numbers” 11 [email protected] gregdineen.org No Reimbursement For Cell: 909-996-2188 Return Trips by City of LA? 2I¿FH We were recently contacted by a member regarding a new no knocking or abnormal noises. Check the hand throttle, policy by the City of Los Angeles. The City of Los Angeles, choke, and accelerator pedal for any potential problems. long been known for its hostile business environment, has Check the dashboard instruments and windshield wipers as now decided that it will not pay our members for their well as check the brake pressure if using air brakes. return trips. This is not only business unfriendly, it should Exterior – Walk around the tractor and trailer to inspect be illegal. each tire for proper air pressure. Look for any excessive In the past, the state Public Utilities Commission used to tire wear. Inspect each rim for damage and make sure that set rates for this kind of trucking, but does so no longer. In the mud fans are attached on both the vehicle and trailer. the wild world of deregulated trucking, it looks like almost Check headlights, turn signal lights, brake lights, and

CONFERENCE NEWS anything goes. We are researching where the problem comes running lights. Ensure that the vehicle license plates and from inside City Hall and looking for any solution available any required Department of Transportation plaques/banners either through regulatory action or contract modification are visible and secure. language that could help the haulers. We’ll keep you posted on this issue, which could spread Lowbed/Heavy-Haul Trailer and Oilfield to other jurisdictions, further weakening the construction Float Manufacturing in North America trucking industry’s ability to make a profit. A new report by Research and Markets examines the business of lowbed/heavy-haul trailer and oilfield float Safety Checks Are Important manufacture in North America. As many of you know, there was a recent spectacular These trailers, also known as lowboy trailers, feature crash on the eastbound 210 Freeway which was caused an extra-strong frame with an open deck very low to the when an oversize load had a tire blowout and hit a box truck. ground. They have a lower center of gravity as compared This set off a chain of events that shutdown all lanes of the to standard platform trailers, resulting in added stability for eastbound 210 as well as the operation of the Gold Line and heavier and taller equipment. These trailers are designed for snarled traffic on the westbound 210 into the next day. The carrying extremely heavy, tall or bulky cargo, and are used in good news is that no one was killed. However, both drivers oilfields, mining, construction and other industries requiring were injured and the box truck and tractor of the oversize the transportation of heavy equipment. Lowbed trailers also load were a total loss. include Schnabel trailers used to transport wind turbine While the media reported that it was a big rig that caused towers by the wind energy segment. the accident, those driving by the accident saw that the truck Oilfield floats are a relatively small product segment was hauling a road grader and had an “Oversize” banner on within the category. These units are characterized by being the front. (The banner was the only thing that was not fried fitted with pick-up throats, tail rollers, and either folding when the tractor landed on the Gold Line’s tracks.) If the or no landing gear. Oilfield floats bridge the gap between media had focused on the fact that it was an oversize load flatbed and lowbed trailers. that had caused this mess, our industry would be feeling the Lowbed trailers include single drop, double-drop and repercussions for years. extendable trailers with fixed necks, detachable goosenecks We all know that unexpected things which are out of our and folding/scissor-necks. control can happen. But, safety checks play a critical role in The North American lowbed/heavy-haul trailer industry minimizing these unpleasant surprises. For your reference, is highly fragmented, with a large number of small, here is a summarized pre-trip check. regionally focused players. The regional manufacturers such Engine Compartment – Thoroughly look over the entire as Cozad in California compete successfully mainly because engine compartment for any leaks, damage, or hazards. of product customization and transportation costs. Lowbed trailer manufacturing has relatively low barriers to entry, Interior of Cab – Check seat adjustments, seat belts, and especially for standardized units. rear view and wing mirrors for any damage. Also check A recent research report identifies seventy-three these to make sure that they are in working order and are manufacturers of lowbed trailers and oilfield floats in North adjusted to the correct position for the driver. Confirm that America in 2012, and has presented estimates of 2012 and the vehicle has the correct registration certificate, logbook, beyond production/sales in units and at market values, all necessary permits if applicable, and insurance documents. as well as an overview of the broad competitive picture – (This step will also help you avoid citations too.) Secure including standings of key manufacturers – and the demand any tools or personal items in the cab. outlook for the industry through 2017. Engine – Make sure that the engine runs smoothly with

12 May 2014 On the web at CalConTrk.org +DQN'H&DUERQHO#6%&*OREDOQHW Rise of The Machines Cell: 916-768-0329 Yes, I know it is the title of Terminator 3, but in this case I am writing about the tremendous rise of the machines in terms of engineering, capabilities and acceptance. My first acquaintance with a concrete pump was machines with colorful names, like flapper box, squeezer and spade valve CEMEX Founder types. We now are pretty well settled on the type of valve Passes Away Suddenly and even the hydraulics Lorenzo H. Zambrano, who took a family owned and overall operation. We cement company and grew it into the third-largest have gone from no boom cement company in the world died suddenly on May to booms over 100 meters 11th while on a business trip to Madrid, Spain. Mr. and from two section stiff booms to five and six section Zambrano was 70 years old. A CEMEX representative articulated; from four inch pipe to five inch pipe. said Mr. Zambrano died of natural causes and gave no All in 40 years! Few if any of us knew how they worked further details. or if they would work. When they did work it was glorious Mr. Zambrano was born on March and when they did not it was usually mysterious and always 27, 1944, in Monterrey, Mexico, the our fault. same city his grandfather originally Today they do work and when they don’t we usually started the company that became know why and can get them operating again quickly, or CEMEX. He earned his master’s we know who to call to make it happen. This is the most degree in Business Administration important thing we have learned in 40 years, about pumps. from Stanford University and joined The technology and data available is mind-numbing the family company in 1968. and the speed with which it arrives is blinding, not actually Mr. Zambrano was an example but perhaps figuratively. All this information is useful but it of a generation of Mexican business leaders that must also be prioritized and given ranking in value. I have embraced globalization while at the same time limiting not seen that gadget advertised yet. The information is not competition in his native Mexico. By the early 1990’s knowledge and can be distracting. When information is CEMEX began acquiring material producers all over valued more than knowledge, many poor decisions are made the world beginning the process of building a corporate leading to unpleasant outcomes. giant that became the focus of study in business schools. We have all had experience with people who have a In 2007, CEMEX acquired the Australian stack of data, reports and analysis of a situation that makes

conglomerate, Rinker, for approximately $14 billion in CONFERENCE NEWS the direction simple, “the data shows it” types. These short-term debt. The timing couldn’t have been worse acquirers’ of information are never in doubt and frequently wrong. They are often found in government at all levels. with the coming global economic collapse. They are thoughtless. Rinker had a dominant market presence in American We who think and have information apply it to our Sunbelt states making it an attractive take-over target knowledge and make far better decisions and have the for CEMEX but the housing market collapse coupled wisdom to correct errors before they become disasters. That with the added debt nearly bankrupted the company. is why pumping concrete works. According to reports, CEMEX shareholders are “irked” that Mr. Zambrano did not develop any Pump News Potpourri succession plans leaving the company temporarily The now former CEO of Schwing Germany, Thomas leaderless. Osterman was let go. It seems before his morning Kaffee had time to cool he was sent out the door with his career Other shareholders have expressed confidence at Schwing in a box under his arm. No mention of who in the company’s board to select from current senior fires the CEO or why and it is difficult to know who to ask management new leadership, but suggested dividing up given the murky corporate hierarchy at both Schwing and the combined duties of CEO and Chairman of the Board Putzmeister. Mr. Osterman held his position for less than a both post held by Mr. Zambrano at the time of his death. year, Auf Wiedersehen!

Volume - 73 Number - 5 “Strength in Numbers” 13 No Toilet to Tap… Yet Recycled water to be used for dust control, concrete mixing California’s drought continues and the State Water Resources Control Board (SWRCB) is expected to take action June 3rd to increase the use of water treated by sewage plants for some construction, agricultural and industrial uses, which LEGAL - REGULATORY - LEGISLATIVE CCTA VISION could be good and bad for the trucking industry. Program The proposed “General Order” for using recycled water does not authorize direct or indirect potable uses of drinking water (the fabled ‘toilet to tap’) for ‡ &RSD\PHQW swimming pools or direct release into streams, but, according to SWRCB, ‡ (\HH[DPFRYHUHGHYHU\PRQWKV “will authorize use of recycled water for beneficial uses such as irrigation of ‡ /HQVHVFRYHUHGLQIXOOHYHU\ crops, dust control, and certain industrial processes (including redi-mix concrete 12 months manufacturing).” ‡ )UDPHVFRYHUHGHYHU\PRQWKV The plan does not envision construction of a host of new recycled pipelines ‡ &RQWDFWOHQVHVFRYHUHGXSWR for recycled water but does authorize the use of tanker trucks to haul the treated water from sewer treatment plants to places where it will be put to use. The plan ‡ )XOOVHUYLFHDJHQF\ talks about construction uses this way: ‡ 6WDWHZLGHSUHVHQFH “The Administrator shall develop recycled water use requirements for Title ‡ 'HGLFDWHGH[SHULHQFHGDQG 17 CCR approved uses such as dust control, concrete mixing, etc. Users of knowledgeable staff recycled water for such activities shall complete a recycled water release form or equivalent tracking documentation when receiving recycled water MONTHLY RATES from the Administrator.” The question of dedicated water trucks needing to put on more miles than Subscriber Only ...... $11.27 allowed by current exemptions in the Truck and Bus rule was brought up by CCTA’s Betty Plowman during the April Board meeting. She told the Board that Subscriber & 1 ...... $22.68 water trucks will likely have to travel longer distances to fill up with recycled Subscriber & Family ..... $34.09 water. CARB staff said this issue should be resolved by allowing all vehicles – SODQLVVXEMHFWWRDPRQWKO\DGPLQLVWUDWLRQIHH including water trucks to operate up to 5,000 miles annually under the new Low- Use Exemption and the expanded Work Truck Extension allowing all vehicles up to 20,000 miles annually. Long-Range Problem The proposal takes a long-range view of the use of recycled water, noting that California is prone to droughts. Here’s what the General Order says: “California experiences frequent drought conditions…Paleoclimatologists have reconstructed medieval climate episodes from tree ring studies, sediment deposition, and other sources. These studies show that the most severe droughts during the past 1,000 years have lasted from 20 to more than 150 years.” I’ll bet you were shocked to know (with recent Climate Change doomsday predictions) that there have been major droughts in this state for thousands of years. In recent times, drought became particularly severe in 1944 with some natural lakes drying up completely by 1953. Southern California was hit hard by drought in 1958-59 and suffered its worst dry year in 1961. This inspired then Gov. Pat Brown (Jerry’s father) and the Legislature to create the state-wide California Water Project and to build dams, pumps and canals to move water Endorsed Insurance Agency from the Sierras to Central and Southern California. Other drought episodes included 1976-77, 1986-91 and the 2001-02 rain seasons in Southern California were the driest ever since records began in 1877. (800) 632-2777 From 2006-2011 the state of California endured through a five-year drought, ArmstrongProfessional.com declared by Gov. Schwarzenegger in 2008, as he tried to win voter support for an $11 billion bond to build new water projects, such as new dams and peripheral Armstrong & Associates canals. The State legislature moved the bond ballot measure to 2012, and again Insurance Services dodged the voters by re-scheduling the issue to the November 4, 2014 election. 239 West Court Street, Bldg. A Woodland, CA 95695 California officially ended its drought in March 2011, when Gov. Jerry Brown CA Lic. # 0B50501 deemed the “drought emergency” over, but he was wrong. Drought has since resurfaced in much of the state as of June 2013. CONTINUED ON PAGE ACROSS

14 May 2014 On the web at CalConTrk.org San Diego APCD Follows The new rank list can be viewed on the agency website at: www.sdapcd.org/homepage/grants/grants.html and scroll Through on Small Fleet Funding down to the bottom of the page. The San Diego Air California Transportation News reported last month Pollution Control Board that the SDAPCD approved $6,356,750 in bond funding to (SDAPCD) gave preliminarily larger fleets in February of this year. At least one of those approval to $1.7 million for grants was bigger than the total allocation to small fleets. small fleet applicants for Prop. WC Logistics received $1.95 million for 325 replacement 1B funding April 18th as the trucks, Mex-Cal Truck Line will replace 25 trucks for well on this money goes dry. $1.25 million and UPS received $440,000 for 44 propane conversions. The SDAPCD will begin contracting with small fleets (1-3 trucks) over the next few weeks. Eligible large fleets or The Proposition 1B Goods Movement Emission projects that fall below the funding line will be placed on a Reduction Program (GMERP) is a partnership between the backup list. California Air Resources Board (CARB) and local agencies to speed up reduced air pollution emissions from freight movement along California’s Interstate highway trade CONTINUED FROM OPPOSITE PAGE corridors. CARB received $1 billion in Governor Arnold So much for climate change and global warming as “the” Schwarzenegger’s 2006 bond election and has spent about cause of this drought. Makes you wonder what caused all those three quarters of the funding so far. Eligible applications other droughts prior to man-made weather change? include owners of heavy-duty diesel trucks used in freight Recycled water use can help to reduce local water scarcity. movement to upgrade to cleaner technologies. It is not the only option for bringing supply and demand into Projects funded under this program must achieve early a better balance, but it is a viable cost effective solution that or extra emission reductions not otherwise required by law is appropriate in many cases. An estimated .9 million to 1.4 or regulation. This is an important distinction in light of the million acre-feet of “new water” could be realized by 2030 CARB Board action to give additional time for compliance through recycling of municipal wastewater that is discharged for small fleets last month, which will enable those fleets to mostly into the ocean or saline bays. Because discharges apply for Prop. 1B funding. to the ocean or brackish water bodies support few, if any, downstream beneficial uses, such discharges are excellent But, not in the case of the SDAPCD, where new sources of wastewater for future recycling efforts. applications are no longer being accepted, as they plan to Recycled water available for reuse under this order has spend the remainder of their Prop. 1B money on harbor craft been treated at a wastewater treatment plant to levels that engine upgrades. comply with permits issued by the State Water Board or Regional Water Boards pursuant to the Clean Water Act for Here’s The Rules: discharges to waters of the United States or the Porter Cologne ‡ Equipment projects listed on the preliminary ranked list are Water Quality Control Act for discharges to land. Treatment not guaranteed to receive Program funding. technologies required under these laws and permits include ‡ Selection for funding is contingent upon the availability of funding and the successful completion of CARB’s 2014 primary, secondary, and/or tertiary treatment and disinfection Proposition 1B compliance check. Applicants that have for pathogen removal. passed a compliance check list and are above the funding line Prohibited uses for recycled water under the new rules will be contacted by the district in the next few weeks to fully include: execute a contract with their company. ‡ Any companies that have not passed a compliance check ‡ Activities designed to replenish groundwater resources. (including large fleets that are utilizing “good faith efforts” to Groundwater replenishment activities include surface operate) will be moved to a project backup list. spreading basins, percolation ponds, or injection through ‡ Backup projects may be funded if additional funding becomes groundwater wells. available or CARB modifies current eligibility policy. All ‡ Disposal of treated wastewater by means of percolation ponds, backup projects should be able to demonstrate compliance as excessive hydraulic loading of recycled water in use areas, soon as possible, no later than June 30th, 2014. etc. where the primary purpose of the activity is disposal of ‡ All old trucks and engines on the rank list must continue to be treated wastewater. registered with the DMV and kept in operation until the time ‡ Recycled water for domestic or animal water supply. that they are destroyed. Lastly, one has to wonder why local government and ‡ Old trucks and engines cannot be destroyed and new trucks environmentalists continue to ignore coastal desalination as a cannot be ordered or purchased, until directed by the district. long-term solution to our water needs. It is seemingly never Contracts have been sent to all eligible applicants - LEGISLATIVE - REGULATORY LEGAL addressed, mentioned or discussed. This lack of honesty for signature and review. The district will be contacting shows how disingenuous the government drought claims and applicants when their contract has been “fully executed”. strategy really are – it’s all about scaring people and control Once a contract has been fully executed, fleet owners will to pay higher taxes for cheap things. We should be looking to be able to place orders for new equipment. Israel’s model which produces 60% of its clean water through For more information on the SDAPCD program, visit their web site or call desalination. 858-586-2600 or e-mail FOHDQDLUJUDQWV#VGDSFGRUJ

Volume - 73 Number - 5 “Strength in Numbers” 15 Can Undocumented Workers Sue for Discrimination? A precedent setting case is coming to the California Supreme Court—can an undocumented worker sue his employer LEGAL - REGULATORY - LEGISLATIVE for disability discrimination following a DENTAL workers’ compensation claim. That question is enough to get the PROGRAM attention of most California employers, but wait, there are more issues related PPO OPTION this case that the Supremes will take up: ‡&KRLFHRIDQ\'HQWLVW ‡ Did the trial court err in dismissing plaintiff’s claims under the ‡$QQXDO0D[LPXP California Fair Employment and Housing Act on grounds of after- acquired evidence and unclean hands, based on plaintiff’s use of ‡'HGXFWLEOH false documentation to obtain employment in the first instance? ‡3UHYHQWLYH&DUH&RYHUDJH ‡ Did the 2002 Senate Bill No. 1818 preclude application of those 1(:0RQWKO\5DWHV(IIHFWLYH$XJ doctrines in this case? EMPLOYEE ONLY ...... $57.87 ‡ Does federal immigration law preempt state law and thereby EMPLOYEE + 1 ...... $106.79 preclude an undocumented worker from obtaining, as a remedy FAMILY ...... $155.89 for a violation of “state labor and employment laws” an award of compensatory remedies, including back pay? How it Happened HMO OPTION Vicente Salas sued his former employer, Sierra Chemical Co., of West Sacramento, for disability discrimination in violation of the California ‡1R$QQXDO0D[LPXP Fair Employment and Housing Act (FEHA) and denial of employment in ‡1R'HGXFWLEOH violation of public policy. Specifically, Salas alleged that Sierra Chemical ‡1R3UH([LVWLQJ([FOXVLRQ failed to make reasonable accommodation for his disability (a back injury) ‡9LVLRQ 2UWKRGRQWLFV,QFOXGHG and failed to engage in an interactive process to determine such a reasonable 0RQWKO\5DWHV accommodation. He also alleged that Sierra denied him employment to EMPLOYEE ONLY ...... $11.88 punish him for filing a claim for workers’ compensation benefits, and to intimidate and deter him and others from bringing such claims. EMPLOYEE +1 ...... $21.36 Prior to trial, Salas filed a motion stating that he would assert his Fifth FAMILY ...... $33.69 Amendment right against self-incrimination in response to any questions concerning his immigration status. Sierra apparently then discovered that his Social Security number belonged to someone else—a man in North Carolina. Sierra moved for summary judgment, arguing that the after-acquired (800) 632-2777 evidence doctrine barred Salas’s causes of action because there was no ArmstrongProfessional.com genuine factual dispute concerning: (1) his use of a counterfeit Social Armstrong & Associates Security card with another person’s Social Security number in order to Insurance Services secure employment; and (2) that Sierra would not have hired him had it 239 West Court Street, Bldg. A known that he was using a counterfeit Social Security card. Sierra also Woodland, CA 95695 claimed the unclean hands doctrine barred his causes of action because CA Lic. # 0B50501 the misrepresentation of his eligibility to work in the United States and fraudulent use of another person’s Social Security number amounted to inequitable conduct that directly related to his causes of action. Endorsed Insurance Agency In opposition to the motion, Salas declared that Sierra knowingly employed a number undocumented workers, a number of whom had received Social Security “no match” letters while employed by Sierra. Salas declared that his supervisor told him and others that they “need not worry about any discrepancies with Social Security numbers... [and that] as long as [defendant] remained happy, he would not fire us over a discrepancy with a Social Security number.” Salas also declared that he “never heard of Sierra Chemical discharging any person due to a discrepancy with a Social Security number, or for any other immigration-related issue.” CONTINUED ON PAGE ACROSS

16 May 2014 On the web at CalConTrk.org The trial court (San Joaquin Superior, Judge Elizabeth Humphreys) originally denied the motion, but the Court of Should Alternative Powered Appeal issued an order directing the court either to grant the Vehicles Pay for Highways? relief requested or show cause why it should not be granted. The trial court granted the relief, and Salas appealed. SB 1077 Would Initiate Pilot Program to Collect Fees from Freeloaders The Court of Appeal affirmed. It held that Sierra A bill introduced in Sacramento by Senator DeSaulnier produced evidence that the SSN did not belong to Salas (SB 1077) would mandate that California establish a and that it had “a long-standing policy” that “precludes the hiring of any applicant who submits false information or pilot program to collect “mileage-based fees” (MBF) to false documents in an effort to prove his or her eligibility to assess the practicality that such a fee based program could work in the United States.” The Court held that Salas failed replace the state’s existing fuel excise tax. MBF is a fancy to raise a triable issue of fact in opposition: new way to say “vehicle miles traveled” (VMT) tax. Salas also claims that he raised a triable issue of fact With zero political with respect to Sierra Chemical’s policy of refusing to hire courage in Washington applicants who submit a false Social Security number. We D.C. to solve the are not persuaded. Unlike [Murillo v. Rite Stuff Foods, Inc. coming insolvency of (1998) 65 Cal.App.4th 833], where plaintiff submitted direct the federal highway evidence that the company knowingly hired undocumented trust fund (HTF) and aliens and took no steps to discharge them, Salas submitted states left scrabbling to mere speculation. According to his declaration, he and find their own solutions several other employees had an informal meeting with to highway funding Huizar to discuss the letters they received from the Social shortfalls, it makes sense that the state with the largest Security Administration. Huizar told the employees that population of alternative powered vehicles (APV) and Kinder “was happy with [their] work and that as long as he zero or near zero emission vehicles (ZEV) would begin remained happy, he would not fire [them] over a discrepancy to seek alternatives to the traditional fuel tax that is not with a Social Security number.” being paid by the increasing number of owners of those In order to find a triable issue of fact, we would have vehicles. Because of laws such as AB 32, California to draw the inference that Sierra Chemical did not have a has the most registered APV and ZEV’s in the nation settled policy of refusing to hire an applicant who submits which will only continue to increase as a result of the a false Social Security number from the fact that Huizar California Air Resource Board’s (CARB) ZEV Standards told Salas that he would not be fired over a discrepancy mandating a percentage of cars sold in the state meet those with a Social Security number. However, as Salas himself requirements. observed in his opposition to the summary judgment motion, As a piece of legislation, the CCTA has taken a a discrepancy with a Social Security number could be “cautiously supportive” position on the bill since we caused by typographical errors, unreported name changes, recognize the state needs to figure-out a way to ensure or inaccurate or incomplete records. Thus, the fact that all highway users are “paying their fair share” when Sierra Chemical would not fire him over a discrepancy with using our highways – something that is not happening a Social Security number is not inconsistent with Kinder’s right now. As for truckers, the likelihood that California declaration that Sierra Chemical had a settled policy of could ever move away from a fuel based tax for diesel refusing to hire applicants who submit a false Social Security powered trucks is remote because of the scheme used th number. 198 Cal.App.4 at 38-39. nationally through the International Fuel Tax Agreement The Court also held that Salas’s claims were barred by to collect highway user fees from the trucking industry. the unclean hands doctrine: The bill was sponsored by Transportation California Similarly, here, Salas’s use of another person’s Social (CCTA was a member for 10 years) and supported Security number to obtain employment with Sierra Chemical by the American Council of Engineering Companies went to the heart of the employment relationship and related of California, the American Planning Association - directly to his claims that Sierra Chemical wrongfully failed California Chapter, the Associated General Contractors, to hire him following his seasonal lay off and discriminated the California Asphalt Pavement Association, and the against him by failing to provide a reasonable accommodation League of California Cities. for his back injury. Because Salas was not lawfully qualified The bill does have one critic from the trucking industry, for the job, he cannot be heard to complain that he was not the Owner-Operator Independent Drivers Association said hired. This is so even though he alleges that one reason for they are, “on the record as opposing DeSaulnier’s bill” and LEGAL - REGULATORY - LEGISLATIVE - REGULATORY LEGAL the failure to hire was Sierra Chemical’s unwillingness to in fact claim they reached out to state senators conveying accommodate his disability. “concerns of professional truckers,” even though they are The court will also consider whether the doctrine not listed officially in opposition to the bill. OOIDA’s of “unclean hands” based upon the employee’s use of a sudden interest in the happenings in Sacramento is false social security number to obtain employment, bars a CONTINUED ON PAGE 21 discrimination claim by the employee.

Volume - 73 Number - 5 “Strength in Numbers” 17 Motor Carriers and Owner-Operators: in equipment or simply to help during times of increased To “Lease” or “Not-To-Lease” business volume only to be removed from a fleet when business needs no longer required the extra trucks. Many by Joe Rajkovacz, CCTA Director of Governmental Affairs carriers have built themselves around the “non-asset” While many Democrat politicians and unionist are gleeful business model preferring to contract with owner-operators about the increasing number of lawsuits targeting motor under leasing agreements. LEGAL - REGULATORY - LEGISLATIVE carriers of all sizes who use owner-operators, the lawsuits The California model, predominantly used in the combined with a legal brief filed by the U.S. DOT in the construction trucking industry, is that each owner-operator is Ninth Circuit and a decision by the National Labor Relations Board could spur changes in the traditional contracting in fact a motor carrier in their own right. Whether operating model used between carriers and owner-operators – and not under their own CA. Motor Carrier Permit, U.S. operating in a way unions and the Obama Administration would like. authority, or a combination of both, the separation of all contracting parties through this step has virtually eliminated As noted in two articles in last month’s California politically motivated litigation regarding the status of the Transportation News – “Feds Tell Ninth Circuit Federal contracting relationship. It’s that simple. “One-offing” the Preemption Doesn’t Apply” and “NLRB to Port O-O’s: It’s business relationship can have other tangible benefits too Okay to Unionize,” underscores the political motivation of such as separating negative safety data from the overlaying the White House to undermine the ability of motor carriers motor carrier thus protecting relationships with brokers, to contract with owner-operators in order to placate the International Brotherhood of Teamsters desire to reestablish shippers/receivers and even insurers. itself as a significant presence in When a carrier that uses “leased-on” the trucking industry. owner-operators can have its entire business Add to the mix, the stability threatened because 3 out of 32 Federal Motor Carrier Safety roadside inspections were enough to trip Administration’s controversial them into “alert” status within FMCSA’s motor carrier safety monitoring monitoring system, it causes rational system – Compliance, Safety, business owners to begin to rethink how Accountability (CSA), where just they protect themselves and not run the risk a few violations in a category can of losing customers because of the actions bump a carrier into appearing of a few. Having owner-operators actually unsafe thus affecting its ability get their own authority places full safety to contract with brokers and &&7$¶V -RH 5DMNRYDF] GLVFXVVLQJ WKH accountability on the individual truck-owner. shippers, and you have an '27¶V EULHI FRQFHULQJ WUXFN GULYHU PHDO Absent significant revisions in the feds safety environment where motor carriers DQG EUHDN SHULRGV ILOHG LQ WKH th &LUFXLW monitoring system, FMCSA is running a using owner-operators have an ZLWK )0&6$ $GPLQLVWUDWRU $QQH )HUUR LQ significant risk of inadvertently causing a incentive to “remake the business Las Vegas. spike in the number of motor carriers they’ll model” to protect themselves and business relationships. be required to monitor as a result of poorly thought through The California Solution political pandering from the White House (via the DOT) and how CSA is being misused in the supply-chain. While California is often derided nationally for its “whacky rules and regulations” and being a trendsetter for Not Concerned About Continued Attacks the rest of the nation, a contracting model used here that On Independent Contractor Status? already has been repeatedly upheld in numerous federal If you are contracting with owner-operators under the court rulings offers a tantalizing solution nationwide for federal regulatory scheme, it’s easy to think that if you are motor carriers to side-step much of the mess being created not on some politician or law firm’s radar screen right now, politically, legally, and from regulation when contracting owner-operators under the federal regulatory scheme. It has you are safe and don’t need to be concerned. This is an been decades since the last challenges were successfully evolving issue and one unlikely to fade away with time. Too put to bed and guess who the primary protagonist was much money and political power is in play. that challenged the model in California? The Teamsters of If you are unmoved by blanket statements regarding course; who dislike the use of any owner-operator (unless “political motivations” perhaps examining the money trail they get their dues money for the phony union membership will be more convincing. According to OpenSecrets.Org card to work a project). that tracks federal lobbying expenses, PAC contributions, Many interstate motor carriers “lease” owner-operators etc., the “All-Time” top donors – “Heavy Hitters” as they to run under the carrier’s own authority – a practice call them are unions – occupying 10 of the top 14 spots permissible under federal regulation (49 CFR, Part 376). and guess who benefited 95 percent of the time from their The owner-operator uses the carriers operating authority $400 million dollar bonanza? It wasn’t Republicans. Unions in lieu of having their own. Traditionally, these leased- despise the independent contractor model and where they on owner-operators were used by carriers to expand their can influence legislation, regulation, and litigation, they’ll operations without the need for heavy capital investment continue to attack.

18 May 2014 On the web at CalConTrk.org CVSA Workshop Regulatory Q & A Held In Los Angeles Q:,VWKHUHDQH[HPSWLRQIURPWKHKRXUUXOHIRU certain interstate drivers? The Commercial Vehicle Safety Alliance (CVSA) A: Yes - Drivers who operate from a normal work held its spring workshop in reporting location (terminal) and return to the same Los Angeles April 6-10th. ORFDWLRQ FDQ XVH DQ H[HPSWLRQ RQFH HYHU\ VHYHQ CCTA’s Executive Director days that allows them to stretch their 14 hour clock Lee Brown and Director WRKRXUV7KHH[HPSWLRQFDQEHIRXQGXQGHU† of Governmental Affairs 395.1in the FMCSR’s and reads as follows: Joe Rajkovacz attended the (o) Property-carrying driver. A property-carrying conference on behalf of our members. GULYHULVH[HPSWIURPWKHUHTXLUHPHQWVRI† D  CVSA is an international not-for-profit organization (2) if: comprised of local, state, provincial, territorial and federal (1) The driver has returned to the driver’s normal motor carrier safety officials and industry representatives work reporting location and the carrier released from the United States, Canada, and Mexico. CVSA works the driver from duty at that location for the to ensure the uniformity and reciprocity of commercial previous five duty tours the driver has worked; motor vehicle enforcement practices. (2) The driver has returned to the normal work The workshop began with the Federal Motor Carrier reporting location and the carrier releases the Safety Administration (FMCSA) holding a public meeting driver from duty within 16 hours after coming on seeking information on how the agency might move forward duty following 10 consecutive hours off duty; and with a congressional mandate that all new applicants for federal operating authority pass a “knowledge” test prior to  7KHGULYHUKDVQRWWDNHQWKLVH[HPSWLRQZLWKLQ the issuance of authority. Previous public listening sessions WKHSUHYLRXVFRQVHFXWLYHGD\VH[FHSWZKHQWKH were held in Nashville, TN., and Louisville, KY. GULYHUKDVEHJXQDQHZRUFRQVHFXWLYHGD\ period with the beginning of any off-duty period There are those within the industry that perceive a “pot- of 34 or more consecutive hours as allowed by o-gold” at the end of this rainbow for them to profit by if † F 

CONTINUED ON PAGE 21 LEGAL - REGULATORY - LEGISLATIVE - REGULATORY LEGAL

Volume - 73 Number - 5 “Strength in Numbers” 19 Pending State Legislation negative impacts that a traffic violation (i.e. points) could have Affecting Highway Users upon the livelihood of a CCTA member, eliminating his or her AB 1646 (Frazier) cell phones, SB 1151 (Cannella) school rights to an appeal cannot be justified by merely creating some zones, and AB 2398 (Levine) “vulnerable road users” establish court efficiencies. or increase fines for certain traffic violations for the following: We seriously question the wisdom of eliminating a right LEGAL - REGULATORY - LEGISLATIVE cell phones, school zones, and “vulnerable road users” currently enjoyed by defendants solely to achieve “efficiency”. respectively and have generally received bipartisan support. No evidence has been provided showing that defendants who While CCTA’s members may generally disagree with large request a Trial de Novo after being found guilty in a Trial by penalties in these contexts, they treat commercial drivers equally Written Declaration are a major burden on the court system. In and opposing these bills may be contradictory to the mission of discussion with representatives from the Judicial Council, we a safety-based organization like CCTA. found that they could offer no data on the number or percentage Regardless, while AB 1646 is well intentioned, we believes that of defendants who request a Trial de Novo throughout the State. penalties for prohibited cell phone use should not be increased Further, although the Fact Sheet on this bill prepared by the unless and until the existing language in the vehicle code is Author’s office claims that, “In some counties, a trial de novo is clarified so that motorists, as well as law enforcement, know requested in 40 to 50 percent of cases where the defendant has exactly which activities are prohibited and the law is applied not prevailed on the written declaration”, neither the Author’s correctly. The prohibition against cell phone use while driving office nor the Judicial Council could provide any background was intended to prohibit drivers from reading or sending text on this statistic. messages and from conversing on a cell phone without a We do not know in which county this may have occurred, whether hands free device. Unfortunately, many motorists are receiving there are specific types of cases or reasons for this supposed citations for other activities such as touching the phone’s screen elevated number of Trial de Novo requests in this location, or to answer a call, checking map applications, or simply observing whether the percentage reported is 40% - 50% of ten trials or the time, often when the vehicle isn’t even in motion. thousands of trials. Without this data, the extent of the problem To illustrate this point, we have recently heard about bicycle cannot be determined, nor can we determine a proper solution, officers specifically assigned to ride up to vehicles stopped at or even whether there is a problem that needs to be addressed. traffic lights in an attempt to catch drivers touching their cell Currently, there is nothing in State law or the California Rules of phones. Any use of cell phones for any reason results in a Court that specifically permits defendants that do not prevail in citation. Clearly, this was never the intent of the original law. their written declaration trials to appeal to a higher court. Simply Rather, it was intended to stop dangerous activity such as texting eliminating the right to a Trial de Novo without ensuring that while a vehicle is in motion. defendants retain their right to appeal from a Trial by Written SB 1183 by Senator Mark DeSaulnier (Chair of the Senate Declaration would deny defendants due process. Furthermore, Transportation & Housing Committee) is sponsored by the this would make the Trial by Written Declaration an unattractive East Bay Regional Park District and authorizes cities, counties, option for many defendants who would then likely opt for and regional park districts to impose a surcharge of up to $5 a court trial instead. Rather than reducing the workload of on motor vehicles registered within their jurisdictions and use traffic courts, AB 2487 could unintentionally result in a greater these revenues to maintain and improve public bike paths and number of court trials, not fewer. One reason some defendants trails. It would need to be determined by the local jurisdiction opt for a Trial de Novo after an unsuccessful Trial by Written whether an increase of the registration surcharge is a “tax” that Declaration is that some courts routinely deny defendants a would require a 2/3’s vote of the local electorate. It does not fair trial in automated enforcement cases where the identity differentiate between commercial and non-commercial vehicles. of the defendant is at issue. Under current law, the driver of a The Howard Jarvis Taxpayers Association was previously vehicle is responsible for violations committed on the State’s opposed to the bill, but with recent amendments to eliminate roadways. In the case of automated enforcement, the identity a point of sale tax on new bicycles, it is unclear if they have of the defendant is sometimes at issue as the photograph of the removed their opposition. The bill squeaked out of the Chair’s driver may not match the registered owner of the vehicle who committee, 6-4, with a fellow Democrat (Galgiani) voting ‘no’. receives the citation or the photograph is not sufficiently clear to establish the identity of the driver beyond a reasonable doubt. (OPPOSE) AB 2487 by Republican Don Wagner is sponsored Unfortunately, rather than finding defendants not-guilty as the by the Judicial Council (policymaking body of the California law would require, it is the common practice of some courts to courts) and would eliminate a defendant’s right to a trial de novo find all defendants guilty in written declaration trials regardless (new trial) after a guilty verdict in a trial by written declaration of whether the identity of the driver has been established. This when the defendant is charged with a violation of the Vehicle forces defendants in this situation to request a Trial de Novo as it Code (with the exception of drug and alcohol infractions under is their only option to address this miscarriage of justice. section 40310). According to the author the system is being abused by those that just want a second bite at the apple when Likewise, some defendants opt for a Trial de Novo after an they’ve lost a case. According to the opposition letter from unsuccessful Trial by Written Declaration as it is often their the California Traffic Defense Bar Association, the bill would only option to request traffic violator school. Once found guilty deny defendants’ due process rights and has a lack of sufficient in their Trial by Written Declaration, defendants who wish to evidence to support eliminating trials de novo in this context. request traffic school have no formal option for making that We can imagine that the bill would also potentially result in less request. work for members of the Bar Association. Given the serious Please let us know if you have questions or feedback.

20 May 2014 On the web at CalConTrk.org CVSA Workshop Obama Administration CONTINUED FROM PAGE 19 Releases Its Draft Highway Bill they can get FMCSA to devise a rulemaking endorsing their “business seminars” or proposed curriculum $302 Billion Proposal Getting Mixed having little to do with improving safety outcomes. The Reviews from Trucking Industry CCTA appeared to be alone in proposing the eventual On April 29, 2014 U.S. Transportation Secretary Anthony rulemaking should narrowly focus on those safety Foxx released the Obama Administrations proposals for a four- management practices that will cause a “new entrant” year transportation reauthorization bill. The title for this bill is to fail their mandatory safety audit. The association “Generating Renewal, Opportunity, and Work with Accelerated does not believe the federal government should involve Mobility, Efficiency, and Rebuilding of Infrastructure and itself in whether anyone possesses enough “business Communities throughout America Act” or the “GROW savvy” to enter the industry. AMERICA Act.” The current highway bill – MAP-21 expires on September 30, 2014. CVSA has 10 separate committees to focus on The bill is long on issues of importance to Democrats specific issues from size and weight to driver-traffic in Congress. While funding for highway maintenance and enforcement issues. This particular workshop saw a lot construction would get an $8 billion boost in 2015 compared of attention given to building consensus on what CVSA’s with 2014, funding levels for each year thereafter are relatively positions should be for inclusion in a new highway flat. For the first time in Highway Trust Fund history, money bill. The Program Initiatives Committee probably had deposited in the fund could be used on railroad and port the most interesting meeting of all committees as the improvements – the two modes of transportation most favored concept of “alternative compliance” was discussed in by Democrats and their allies from environmental groups, great detail. Alternative compliance is a concept that including agencies such as the California Air Resources Board. rewards motor carriers of all sizes for adopting forward thinking safety strategies. For instance, a company GROW AMERICA whether one-truck or hundreds could enroll drivers in Act Proposed Authorization Level a defensive driving course not required by regulation (in millions of dollars) and in return get adjustments made to CSA scores. Construction 4- year CCTA supported the concept but representatives of the related FY 2014 FY 2015 FY 2016 FY 2017 FY 2018 spending National Association of Small Trucking Companies and programs total the Owner-Operator Independent Drivers Association Highways       objected believing only large motor carriers would benefit. What is most notable about the President’s proposal is its For motor carriers using apportioned registration lack of specificity in how to pay for his $302 billion wish list. IRP, Inc., held a workshop announcing that effective In other words, the White House is punting on proposing to pay January 1, 2015 they will be implementing what is for highways by increasing the federal gas and fuel tax. The bill called the Full Reciprocity Plan (FRP). This has been does propose to transfer $150 billion in general fund revenue a 30 year goal of many states and Canadian provinces from a rewrite of the nation’s corporate tax laws, an idea finally coming to fruition. We will cover this significant supported by House Republicans (the rewriting of corporate tax laws). Buried in the proposal is also the elimination of the change in next month’s CTN. federal prohibition on tolling existing interstate highways. The idea of lifting the tolling prohibition on existing Alternative Powered Vehicles stretches of interstate highways has more support on Capitol CONTINUED FROM PAGE 17 Hill than many might think. With little courage on the Hill to curious since the organization did not participate in, increase gas and fuel taxes, states are increasingly frantic to find nor file comments to CARB during the latest round alternative funding mechanisms just to pay for upkeep. Some of amendments to the Statewide Truck and Bus rule. House Republicans also support lifting the prohibition because Their stated opposition to SB 1077 would seem its fits with their ideology to “devolve” highway funding issues to run counter to what most “professional truckers” away from Washington and put responsibilities on the states. know is true, namely that APV’s and ZEV owners Trucking Related Provisions are getting a “free-ride” on our highways in taxpayer subsidized cars, no fuel taxes paid, and able to zip A few provisions are already igniting controversy in down the diamond lane of the “freeway” with only trucking. By and large, most trade associations have expressed

one occupant. frustration at the lack of political courage in Washington D.C. - LEGISLATIVE - REGULATORY LEGAL to fund highways through an increase in the fuel tax. American Truckers are the ones paying for that privilege Trucking Associations President and CEO Bill Graves said, across the country since the industry pays 38 percent “Any proposal that moves away from a user fee funded of the revenues into the HTF while accounting for 5 transportation system is not going to be acceptable to the percent of total traffic volume. &217,18('213$*(

Volume - 73 Number - 5 “Strength in Numbers” 21

Draft Highway Bill The Affordable Care Act for O-Os Update &217,18(')5203$*( The Act also known as ObamaCare created new options for owner- American trucking industry, period.” The operator independent contractors in trucking to purchase health insurance, ATA is on record as favoring an increase though it also poses some important questions. in fuel taxes. Owner-operators and independent contractors are classified as “self- Most of the motor carrier safety employed” and as such have not qualified for employer-provided health provisions proposed really amount to coverage. While some receive coverage through a spouse’s employer, “housekeeping” and clean- up language others are turned down due to pre-existing conditions and have gone on from the previous highway bill. There is a without any type of insurance. provision to make the Motor Carrier Safety Advisory Committee permanent, tighten- The Act changes the playing field. Insurers cannot deny policies or up licensing restrictions on those who charge more for a pre-existing condition. At the same time, the individual fail a drug/alcohol test, redefine what is mandate means that previously uninsured independent contractors will be considered a “commercial motor vehicle” required to purchase insurance or face annual penalties. to include “towed units” (trailers) which Each individual should carefully consider the choices and consequences would ultimately allow both U.S. EPA they have before deciding on a course of action: and CARB to regulate the entire vehicle, Opt out of insurance. Some independent contractors may find it more not just tractor. The President would also cost-effective to pay a penalty rather than pay a high monthly insurance like to end the practice of (larger) motor premium. The penalty for the first year is the greater of $95 or 1% of taxable carriers being able to “self-insure” their income; it jumps sharply in the second year to the greater of $695 or 2.5% public liability. There is also a provision of taxable income. supported by “driver” organizations that would mandate the payment of “detention Use spouses insurance as long as possible. If you already receive time.” The uncompensated delays placed insurance through your spouse’s employer, it may be wise to stay on their on truck drivers by shippers and receivers plan until it moves into the ACA. Employers with employees earning less has been a lightning rod within the industry than $75,000 we flock to the ACA, those that don’t, will charge a much high with many – both drivers and motor carriers match and nothing for dependents. It may actually save you more money asking for federal intervention to regulate in the long run to purchase insurance through the exchanges or, as noted shippers and receivers, but this bill puts the above, to go without. onus on the motor carrier instead. Purchase insurance on your state’s online exchange. The plans offered The President’s proposal shifts the by each state’s exchange are classified in four primary tiers, with higher entire burden to the motor carrier by premiums but better coverage as you ascend. The government is offering a requiring them to pay at least “minimum tax credit to eligible consumers that will lower the cost of premiums, as well wage” for on-duty, not driving time. as additional out-of-pocket cost reductions to those who further qualify. In Unionized employees are exempted from California, go to: www.california-health-insurance.org this provision as well as employees already The special complication of being an owner-operator, of course, is that paid by the hour. While some think of you do not have a set income to determine eligibility for assistance. You this proposal as a necessary first step to may still qualify, though you should be diligent in accurately reporting begin a dialogue about detention issues, your income situation to the exchange. many drivers are already criticizing the “minimum wage” component in on-line o Underestimating your income may qualify you for a tax credit in chat rooms. the beginning, but you may have to pay some or all of it back at filing time. The President’s proposed GROW AMERICA Act is just that – a proposal. o Overestimating may make you ineligible initially, but you may The Senate Environment and Public receive the credit at filing time if your actual income falls within Works Committee chaired by California the eligible range. Senator Barbara Boxer is reportedly about Whatever your circumstances, you should report changes immediately to release its own bipartisan version of a to save yourself a headache at tax time. highway bill according to Politico. During the run-up to approval of the current highway bill (MAP-21), the Senate version of that legislation was what mostly flew through the House of Representatives. It is difficult to think that will happen this time - LEGISLATIVE - REGULATORY LEGAL Cal/OSHA provides consultative assistance to employers around, it is an election year after all and while highway bills were historically non- and employees through a variety of services political, everything is political on Capitol Hill these days. www.dir.ca.gov/dosh/consultation.html

Volume - 73 Number - 5 “Strength in Numbers” 23 hire carriers; and of course public health victims groups v. CARB Board Approves everyone who operated a diesel engine. The first witnesses Amendments to Statewide to make public comments to the Board were Air Pollution Control officers from mostly rural air districts and not Truck and Bus Rule surprisingly, they expressed support for amending the rule to allow truck owners more time to comply. Rural air districts Board Meeting Exposed Significant had submitted written comments in advance of the meeting Rift in Trucking Community supportive of relaxing deadlines. By Joe Rajkovacz, CCTA Director of Governmental Affairs As is often typical of CARB meetings, they devolve The California into a theatre of the absurd. This meeting was no different. Air Resources Board One speaker representing an L.A. based physicians group, held a two day public “Clear the Air” that claims on their website that particulate meeting in Sacramento pollution in California is killing 9,200 people annually was ENERGY & ENVIRONMENTAL beginning on Thursday allowed to make a PowerPoint presentation that ended with April 24th to consider a picture of a premature baby in the palm of someone’s changes to its hand. The screen header made the claim that the baby was a controversial Statewide “victim of putrid air,” linking the circumstances surrounding Truck and Bus the child’s birth to air pollution. regulation. The Board In a day where there was little unanimity among truck took public comment on the 24th and then staff worked into owners present, a speaker in the afternoon received universal the night preparing adjustments to the proposed changes that applause from everyone present for chastising the Board for was discussed the following morning. On Friday morning allowing and encouraging such a gross and crass display of the 25th, the Board voted 9-1 to amend the Statewide Truck human misery to make what is and was an arguable point. It and Bus rule allowing fleets more time to comply. didn’t end there. Much of the “road” to this meeting and amendment The Natural Resources Defense Council spokesperson, process began in clean air rural areas of California where Diane Bailey made the scientifically unsubstantiated claim truck owners objected to being lumped together into the that diesel exhaust is hurting truckers (we supplied an actual whole regulatory scheme since they don’t have air quality scientific study to CARB refuting this non-sense). The fact issues. Those truck owners were also aced out of most public that public health advocates and their environmental lackeys funding opportunities that many others in non-attainment in organization such as the NRDC are amping up their supposed concern about truck driver health really suggest areas were able to access. Lack of a “level playing field” they are worried that their outlandish claims concerning was the mantra of many companies that already complied negative health effects from diesel exhaust will be laid bare with CARB regulations, but often left unsaid by the largest if they cannot connect the dots to increased mortality among carriers opposing the amendment process was: how much truckers. In the end, the Board was not going to retry the public money they received to assist with compliance and/or science behind the rule. would they have replaced their trucks as part of their normal business practice anyway? Regardless of what someone Education or Indoctrination? thinks about the whole rule, CARB was ultimately successful A group of high school students primarily from Street in pitting trucker against trucker. There are some of us who Academy in Oakland were brought in to voice their unified believe the amendment process would have never happened opinion that diesel exhaust is responsible for their poor if there was more equity in how public funds were disbursed health and CARB needed to be more aggressive in imposing (e.g. UPS getting $2.2 million from the SCAQMD). controls – not less. I’m sure they got an “A” from their instructors (if they even believe in grading students) for Day-One Theatrics civic involvement. The Byron Sher These types of student groups have shown up at other Auditorium where the CARB Board meetings in the past. It always reminds me of CARB Board generally the first Earth Day in 1970 and how my science teacher had conducts public us all make up signs protesting the killing of our planet and meetings was filled to parade around the school. It was complete manipulation of capacity and an annex us as students on the part of the instructor. These children CCTA member Tony Luiz of the Monterey meeting room was used too are being manipulated but also indoctrinated with a Bay Chapter speaks out against DPF for the overflow crowd form of thinking that can only alienate them even more retrofitting requirements as “unsafe.” and it too came close to from American society. The philosophy of Street Academy being packed. A closed circuit TV feed of the Board meeting in Oakland as posted on their website states: was used in the overflow room. “If public education is to meet the needs of young From the start of the meeting it was abundantly clear people in urban America today an important fact must be that a huge divide existed between segments of the trucking acknowledged: our cities have become battlegrounds our industry - large v. small; small v. small; private carrier v. for- society is at war. The adversaries in this struggle are the

24 May 2014 On the web at CalConTrk.org haves and the have-nots; the haves are represented by economically affluent primarily white middle New Coalition Forming to and upper class individuals, and the have-nots Stop CARB Mandated Fuel are members of our society who occupy the lower economic stratum and who are primarily people Price Increases of color. This protracted and bitter urban civil war threatens to crush the beauty, genius and creative Revealing the True Cost of Fuel at the Pump forces which are present in the diverse and rich Beginning in 2015, Californians will pay an additional 12 to 15 cents communities in our cities today and to leave our per gallon of gas as a result of a state society culturally, intellectually, and spiritually agency-mandated gas fee – a “hidden impoverished for many generations to come.” tax” – that was created by the Brown Administration without consumer If that is not a form of radical indoctrination input or legislative review. of students, then it doesn’t exist. For a group that claims they are “have-nots,” they clearly enjoy This regulation, known as the being granted special treatment. As a group, “Fuels Under the Cap” portion they arrived late for the meeting and could only of the California Air Resources find seating in the overflow room. For others Board’s (CARB) AB 32 Cap & (apparently the “haves”) who arrived early, Trade regulation, is estimated to cost on-time and wanted to make public statements fuel manufacturers and other distributors up to 15 cents per gallon of to the Board there was a sign-up sheet. The fuel. While state bureaucrats claim the new gas tax is a part of CARB’s Street Academy class was granted a special program related to affecting climate change, the $2 billion raised will go dispensation and allowed to jump ahead of straight into the state’s General Fund and other “special funds” where others to make their statement and then split. politicians can do what they want with it. In fact, just like “bad products” They couldn’t be bothered to hang around a taxes, the goal of this campaign is to price gas so high people can’t afford bunch of the “privileged class” and be exposed to it and will use other transportation options, such as public transportation, differing points-of-view. That might have been expensive electric vehicles and bicycles. too “educating” for their sponsors. What Does This Mean For California Motorists? Manipulation of Speaker Time While this hidden government-applied cost will hit everyone, those My wife kept living in the Central and San Joaquin Valley regions will feel the impact a score card during the most. People living in rural areas typically commute farther, drive the day about how less fuel-efficient vehicles and are hit hardest by gas price increases. to characterize Further, the recession lingers longer and deeper in these areas. This each speakers form of fee is extremely regressive – those who can least afford it end statement – for, up paying the most. against, and yes… confused about the And the shock won’t just be felt at the pump. The fee hike is rule. Clearly, the first half of the meeting was expected to affect the price of goods and services that rely on oil and front-loaded with those who were against the gas for transportation – food, energy, public transportation and vital amendments, some were our members. services such as school transportation, fire protection and police patrols. For those mostly opposed to the amendments, The ongoing drought and water shortage is already taking its toll they had three minutes speaking time. When with increases in the price of goods and services. This impending gas tax supporters had their turn, Ms. Nichols decided will add another burden to an already devastated region, hitting Central to limit speakers time to two minutes under the Valley disadvantaged, farmers, workers and families the hardest. guise of “speeding up” the meeting. It was just Now is not the time for California’s environmental bureaucrats to the kind of stunt one would expect from Ms. play social engineers to price out consumers who need to fill up their Nichols. gas tanks to make a living.

Trucker-on-Trucker Smack-Down What Is the Solution? How Can I Help? & ENVIRONMENTAL ENERGY The divide between truckers and their opinions California will pay an additional 12 to 15 cents per gallon starting on whether to approve amendments was on full New Year’s Day if Governor Brown doesn’t put a halt to CARB display. For those opposed to the amendments, Director Mary Nichol’s foolish gas tax scheme. Organizations serving many were thoughtful and sincere believing it California’s hard working families must come together to tell the was unfair for them to have complied while others Governor we are fed up at the pump. get a “free pass.” There were many statements Join Fed up at the Pump and tell Governor Brown and the California aligning non-compliant truck owners with being Air Resources Board to “BACK OFF!” and stop the January 1st gas “rate-cutters.” Privately, the name calling went so price hike before it damages California’s fragile economy and hurts far as calling owner-operators “bottom-feeders.” millions of hard working Californians even more. Bob Ramorino of Roadstar Trucking in Hayward For more information go online to: www.fedupatthepump.org &217,18('213$*(

Volume - 73 Number - 5 “Strength in Numbers” 25 CARB Board Approves represented here – the extremes were represented.” Wow. I &217,18(')5203$*( was sitting there stunned by her obvious antipathy to all us was perhaps the most incendiary of the fleet owners arrogantly from the trucking industry that had taken time out from our saying owner-ops should work for him because “They’d normal activities and testified the day before. It was pretty probably be better off.” Sorry Bob, the “driver shortage” for apparent Ms. Nichols doesn’t view anyone in the mainstream you probably just got worse and I will go out-on-a-limb here of trucking as her ally – even for company owners trying their and say, “owner-operators do not set rates.” damndest to support CARB and encourage full enforcement. Supporters of the amendments wore their emotions on That is something many might want to consider as CARB their shirtsleeves too. Some speakers were as contemptuous moves forward with further regulation of the trucking industry of Ms. Nichols as she was of them in voicing their opinion. – we’re nothing more than speed bumps on their way to saving Ms. Nichols seemed to be enjoying the smack-talk between the planet. truckers instead of focusing their anger on her, the Board, Another observation I made was the complete lack of

ENERGY & ENVIRONMENTAL and CARB’s regulatory nightmare. She really had a smile on involvement in the entire process, whether filing written her face most of the day since she is unlikely to ever again comments or speaking-up from trade associations outside of witness the debacle of truckers in such heated disagreement California. Other than a few owner-operators from neighboring with one another – something of Mary’s making I’d say. states making time to attend the Board meeting, there was zero participation in the process by any out-of-state motor carriers. Mary’s Arrogance and Condescension I believe this is a symptom of “regulatory fatigue” and an On Friday morning, the Board reconvened to discuss example of how bureaucracies ultimately beat the fight out of tightening-up some of the amendments. While the Board did people. Considering that CARB regulations can be adopted by vote ultimately to amend the rule, Ms. Nichols stated “What other states in lieu of U.S. EPA regulations, I also think many we are about to do today will benefit people who were not are going to rue the day they chose not to become involved.

CARB TRUCK REGULATION “TOP 5” CHANGES APPROVED AT APRIL HEARING

SUBJECT STATUS OF APPROVAL

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APPROVED: “Low-use Vehicle” means (A) A vehicle that is operated fewer than 1,000 miles within the borders of “Low-use California in the compliance year, or (B) Until January 1, 2020, a vehicle that is operated fewer than 5,000 total miles, Vehicle” regardless of where it is operated, in the compliance year.

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26 May 2014 On the web at CalConTrk.org compared with only 9% in the four New York counties, a Buffalo To Frack or Not to Frack? News analysis of economic reports shows. A Tale of Unequal Opportunity On the New York-Pennsylvania Border New York’s policy contributed to unemployment, Pennsylvania’s policy alleviated it: Was Pennsylvania wise to encourage hydraulic fracturing of shale gas and New York foolish to ban it, or vice versa? Collectively, New York’s Steuben, Chemung, Tioga and Broome counties lost 2.7% of their jobs in the four-year period Buffalo News reporter Jerry Zremski explores this question that ended last September, according to data compiled by the U.S. in “Border tale of boom and bust,” the first of a three-part series. Bureau of Labor Statistics. Zremski interviewed both experts and work-a-day people living Meanwhile, the most heavily fracked counties in northeastern in four northern-tier rural Pennsylvania counties and four adjacent Pennsylvania – Tioga, Lycoming, Bradford and Susquehanna – saw southern-tier rural New York counties. All eight counties sit atop the number of jobs increase 8.6%. In those New York counties in gas reserves in the Marcellus Shale. The article is balanced. People February, the unemployment rate ranged from a low of 8.2% in on both sides of the fracking issue get their say. Zremski does not Broome County to a high of 9.1% in Steuben County. belittle environmental concerns or ignore social costs (truck noise, damaged roads, crime) that can increase along with wealth in a In contrast, unemployment fell under 7.5% in three of the four boom town. counties studied in Pennsylvania. Nonetheless, the data he presents paint a stark contrast of The human story behind those numbers is poignant: growth and opportunity in Pennsylvania versus stagnation and  New York’s fracking ban forced Norse Energy, a small firm with 70 decline in New York: employees, into bankruptcy. For five years the company shelled out In New York’s Southern Tier, where the gas extraction a quarter-million dollars a month in lease payments without being method called hydraulic fracturing remains barred by a state allowed to produce any gas or revenue from its potential drilling sites. moratorium dating back to 2008, federal labor statistics show  Meanwhile, on the Pennsylvania side of the border, farmer Jim that four contiguous gas-rich counties lost 4,945 jobs between Van Blarcom has achieved financial independence: “There, the September 2009 and September 2013. Pennsylvania state government permits Van Blarcom to sell his mineral rights and enjoy a windfall that has allowed him to expand Meanwhile, in the four counties of Pennsylvania’s Northern his farm fivefold since 2009.” Tier with the most fracked gas wells, 7,978 jobs have been created, What makes the article memorable, though, is an interactive and nearly half – 3,893 – appear to be directly related to fracking. map showing how different fracking policies produce dramatically On top of that, per capita income in those Pennsylvania different economic results in communities sharing the same counties leaped 19 percent in the four years ending last September, geography and natural resource base. ENERGY & ENVIRONMENTAL ENERGY

Volume - 73 Number - 5 “Strength in Numbers” 27 Q&A of the Month Question: Do I have to pay anything when I go to the Pre-employment Drug Testing collection site for my drug and alcohol test? Answer: AADT formally contracts with all collection Is a Serious Requirement sites listed on the website at: aadrugtesting.com We have been seeing and reading about far too many transportation companies that are not following the DOT regulations related to Pre-Employment drug testing. Many companies are being fined or even shut down due to either ignoring the testing rules or just thinking they can disregard them. Well you can’t. We are an aggregator of business services and have set up payments for most services, especially random drug Below are the key parts of the regulation and “Options” and alcohol tests. We contract with collection sites, labs that will help explain the exemptions to the rule. and MROs who are supposed to bill AADT. If you arrive Part 382, section 382.301(a) states: Prior to the first at a contracted collection site listed on our website, make time a driver performs safety-sensitive functions for an sure you have our Form 111 (Collection Site Passport) employer, the driver shall undergo testing for controlled and that your visit is a Monday-Friday during normal substances as a condition prior to being used, unless the business hours. It is also wise to call ahead. If you are employer uses the exception in paragraph (b) of this section. DRUG TESTING told to prepay for any collections, you need to call AADT No employer shall allow a driver, who the employer intends immediately at (909) 982-8409 since this is a departure to hire or use, to perform safety-sensitive functions unless from our contracted terms with a collection site. Always the employer has received a controlled substances test result make sure you tell the collection site first that you are our from the MRO or C/TPA indicating a verified negative test client and they are a contracted collector. If they still insist result for that driver (unless you choose the exception listed on payment and you are unable to contact AADT, please below). pay and forward a copy of the receipt along with company OPTION 1 – If any of these apply, the driver must perform name, ID# and Specimen ID# (or supply us with a copy a pre-employment Test. A driver is required to perform a CCF) and you will be immediately reimbursed. We will pre-employment drug test if: then contact the collection site to make sure it doesn’t 1. The driver is new to the industry, or happen again. We apologize if it is an inconvenience but there is a high rate of employee turn-over at collections 2. It has been more than 30 days since the driver has sites and some employees may not be properly trained. participated in a Drug & Alcohol Testing Program, or 3. The driver has been enrolled in a program less than 12 months, and has not tested within the past 6 months. ‡ Name and address(es) of the program(s). ‡ Verification that the driver participates or In the case of a company driver, the Designated participated in the program(s). Employer Representative (DER) needs to instruct the driver ‡ Verification that the program(s) conforms to to proceed to an authorized collection site with the enclosed FMCSA 49 CFR Part 40. “Form 111, Clinic Passport”. The same applies to an owner- ‡ Verification that the driver is qualified under the operator regarding the collection site instructions. rules of this part, including that the driver has not OPTION 2 – Exception to the pre-employment test, only if refused to be tested for controlled substances. all requirements listed below are completed. ‡ The date the driver was last tested for controlled substances. 1. The driver has been enrolled in a program within the ‡ The results of any tests taken within the previous 6 past 30 days and has tested within the past 6 months months & any other violations of Part 382 Subpart and has no violations, or B. We have provided the Form 114 for this purpose, 2. The driver has participated in a program for the past please refer to the back of the Form 114 for the Part 12 months and has no violations, and 40, section 40.25 requirements regarding employee background checks requirements and the back of a. The employer ensures that no prior employer of the driver this letter for Part 382, section 382.301 regarding of whom the employer has knowledge has records of a pre-employment testing requirements. violation of this part or the controlled substances use rule of another DOT agency within the previous six months. Per Part 40, section 40.25 All Employers are required to check the drug and alcohol testing record of employees it is b. After receiving the driver’s written consent, the DER or intending to use to perform safety-sensitive duty. Again the Owner-Operator must request the following information Form 114 can be used for that purpose; the bottom of the for the driver’s past drug and alcohol testing records from form only needs to be completed again if you are choosing previous employer(s) or consortium: to waive the pre-employment option under the exemption.

28 May 2014 On the web at CalConTrk.org Drug Testing Clearinghouse In a comment posted on the proposed rule May 13, the group of seven also asked FMCSA to issue a “Supplemental Roll-out Somewhat Incomplete Notice of Proposed Rulemaking (SNPRM) for the rule.” CCTA/AADT will be submitting our final comments on the Some major parts of the puzzle still unclear 20th of May. Ironically, the draft comments we already have By Lee Brown were also asking for the SNPRM. The Commercial Driver’s License Drug & Alcohol Third party administrators (TPAs) and Motor Carriers Clearinghouse rule was formally proposed in February of that manage their own programs will be required to submit this year following at least 16 years of industry discussions positive related information to the database and will be and negotiations. The new federal regulation will establish a required to query the database when hiring a new driver. database of CDL holders who have failed or refused to take Employers will also be required to query the database drug or alcohol tests or were convicted of driving under the annually for current drivers. influence, plus other related information. There were also numerous comments from the group I had actually sat on a California legislated and funded questioning why carriers did not have to report observational effort (AB 2597) CHP managed task force in 1998, which abuses and admissions of alcohol and substance abuse. Both recommended this Clearinghouse concept. We referred to “longstanding loopholes” in current regulations. it as a drug program and employment history status and We would like the agency to expand the rule’s coverage positives information clearinghouse with controlled access from heavy-duty trucks (26,000-plus pounds) down to by the drivers. medium duty commercial vehicles rated at 10,000 pounds. Now almost 20-years later, the implementation of the We believe that covered drivers who fail a test will move program (likely mid to late-2016) is evolving and many to driving vehicles under the testing weight threshold. The important industry questions need to be answered. The American Association of Medical Review Officers said comment period was actually extended from April 21 to the clearinghouse requirements should apply to all safety- May 21 (30-days), in response to a 60-day extension request sensitive employees, not just drivers. We are seeing this by Owner-Operator Independent Drivers Association requirement in the towing industry and we do support the (OOIDA). In a press release I read, the OOIDA says it is expansion of testing to all those who deal with the public. still reviewing the request, but the association broadly states its current stance is that “only positive test results should be documented,” implying nothing else. AADT – A View of the I’ve also read that a group of six, mainly from DC area Clearinghouse From the based transportation associations, have joined together to TPA’s Perspective ask for changes in the regulation and for the agency to issue a Supplemental Notice of Proposed Rulemaking (SNPRM). As proposed today, the regulation states that, “Specifically, The list includes the American Trucking Associations, C/TPAs are required by regulation to perform employer the National Private Truck Council, National Tank Truck functions (e.g., for self-employed drivers) and would be Carriers, Truckload Carriers Association, the American Bus required to report positive alcohol tests, drug or alcohol Association and the United Motorcoach Association. They test refusals, negative return-to-duty tests, and successful have established a loose coalition (of large trucking and completion of all follow-up tests. Employers may contract with C/TPAs to perform reporting functions, but employers, bus interests) along with the Commercial Vehicle Safety DRUG TESTING Alliance (CVSA), a national commercial enforcement group in addition to their C/TPAs, remain responsible for meeting representing all 50-states. the reporting requirements.” This is consistent with existing regulations but through the clearinghouse positive reporting, The CVSA said the proposal would be improved by it will create an enormous amount of new or at least perceived requiring more frequent clearinghouse queries than once liability or risk that may or may not be insurable under today’s a year and by having the clearinghouse send drug testing existing Professional Liability coverage. notice of violations to state licensing bureaus. We support an exemption for owner-operators having to query the database These are some additional challenges we will be and a mandate to send notices of violations to state licensing discussing and including in our comments to DOT: bureaus. 1. Eliminating Collection Site Errors – many of The group also claims Federal Motor Carrier Safety these errors could be eliminated with an electronic Administration (FMCSA) didn’t make its proposed drug and Custody & Control Form (CCF). Without requiring alcohol clearinghouse rule as comprehensive as it should this to be standard issue within the clearinghouse have, and it’s requesting that the agency issue at least one scheme, it will be extremely costly on many levels. amendment to the rule adding a requirement that carriers – 2. We believe that no collection site should be able report all observations of misuse or admissions of misuse to refuse a collection. All too often, the lack of a by employees to the clearinghouse. The group opposes the paper CCF or other minor procedural issues leads change of identifier from Social Security number to CDL to “turn-aways” or refusals to collect, additionally number. We happen to support the CDL only requirement frustrating the entire drug testing program and and stepped-up criteria and enforcement of CDL issuing process. requirements. CONTINUED ON PAGE 31

Volume - 73 Number - 5 “Strength in Numbers” 29 www.calcontrk.org/laopinion

Clearinghouse Sale Algo violaciones al estado de las oficinas de licencias de pruebas Incompleto De Las Pruebas de drogas. Apoyamos una exención para propietarios / De Droga operadores tener que consultar la base de datos pero apoyar un mandato para enviar notificaciones de violaciones al Algunas Piezas Importantes Del estado de las oficinas de licencias. Rompecabezas Todavía Confuso Los reclamos del grupo Federal Motor Carrier Por Lee Brown seguridad administración (FMCSA) no hizo su propuesta Regla del conductor con licencia comercial Clearinghouse de drogas y alcohol clearinghouse regla tan completa de alcohol y droga propuso formalmente en febrero de este como debe ser, y lo está solicitando que la Agencia emitir año después de por lo menos 16 años de discusiones de al menos una enmienda a la regla de agregar un requisito industria y negociaciones. El nuevo Reglamento federal los transportistas – informan todas las observaciones de uso establecerá una base de datos de los titulares del CDL indebido o admisión del mal uso por los empleados de la LA OPINIÓN que han fallado o se negó a tomar una prueba de droga o cámara de compensación. El grupo se opone al cambio del alcohol o fueron acusados de conducir bajo la influencia y identificador de número de Seguridad Social al número de otra información relacionada. En realidad me senté en un CDL. Resulta que apoyar el único requisito CDL y criterios legislado de California y por esfuerzo financiado (AB 2597) de intensificación y el cumplimiento de CDL requisitos de CHP logró tareas en 1998, el cual recomienda este concepto emisión. Clearinghouse. Refieren a ella como un programa de droga En un comentario publicado en la norma propuesta el 13 e estatus historial de empleo y información positiva del de mayo, el grupo de los siete también pidió la FMCSA para clearinghouse: con acceso controlado por los conductores. emitir un “aviso de propuesta de reglamentación (SNPRM) Ahora casi 20 años más tarde, la implementación del para la regla suplementario”. CCTA/AADT presentará programa (probablemente mediados del -2016) están nuestro comentario final el 20 de mayo. Irónicamente, los evolucionando con muchas preguntas importantes de la comentarios del proyecto que ya tenemos también estaban industria. El período de comentarios se amplió en realidad pidiendo la SNPRM. del 21 de abril al 21 de mayo (30 días), en respuesta a Los administradores de terceros (TPAs) y transportistas una solicitud de prórroga de 60 días por Asociación de que administran sus propios programas estarán obligados conductores independientes Owner-Operator (OOIDA). a presentar dicha información a la base de datos y deberá En un comunicado de prensa que leí, el OOIDA dice aún consultar la base de datos al contratar un nuevo controlador. está analizando la solicitud, pero la Asociación declara También será necesario consultar la base de datos anualmente ampliamente que su postura actual es que “resultados para conductores de corriente. positivos sólo deben ser documentados,” lo que implica Hubo numerosos comentarios carta que observó la falta nada más. del requisito de portadores a abusos observacional informe También he leído un grupo de seis asociaciones basadas y admisiones de alcohol y abuso de una “Laguna larga” en en DC que se han unido para pedir cambios en la regulación la normativa vigente y que debería extenderse a la regla de y de la agencia a emitir un aviso suplementario de propuesta clearinghouse. a la reglamentación (SNPRM). La lista incluye las Quisiéramos que la Agencia para ampliar la cobertura asociaciones American Trucking, Consejo National Private de la regla de camiones pesados (más libras plus) hasta Truck, portadores de camión tanque nacional, Asociación de vehículos comerciales de mediana intensidad nominal de portadores de carga, la Asociación Americana del autobús y la 10,000 libras. Creemos que cubiertos los conductores que no Asociación de autocar United han establecido una coalición pasan una prueba se moverán a la conducción de vehículos suelta (grandes intereses por camiones y autobuses) junto bajo el umbral de peso prueba. La Asociación Americana con la Alianza de seguridad vehículos comerciales (CVSA) de oficiales de revisión médica dijo que los requisitos de un grupo de aplicación comercial nacional que representa a la cámara de compensación deben aplicarse a todos los todos los 50 Estados. empleados de seguridad sensible, no sólo controladores. La CVSA dijo que mejoraría la propuesta exigiendo Estamos viendo este requisito en la industria del remolque y más frecuentes consultas clearinghouse que una vez al año y apoyamos la expansión de las pruebas a todos aquellos que por tener la cámara compensadora de enviar notificación de tratan con el público

30 Febrero 2013 En el Internet en CalConTrk.org Programas De Descuento A View Of The Clearinghouse Por Afiliación Nueva y Mejorada CONTINUED FROM PAGE 29

Llantas Michelin “Mejor Precio” 3. There appears to be a glaring absence of Cuenta Nacional Programa reporting responsibilies associated with collection sites. That must be changed, as they Listo Para El Prime Time are ground zero for ‘driver walk-outs,’ refusals, Estamos contentos de salir el nuevo programa de cuenta adulterant activity and administration of BAT nacional de Michelin “Mejor precio”. El personal CCTA ha testing. estado trabajando horas extras para mejorar nuestro programa 4. The DOT must create a reporting process with de descuentos de llantas para los miembros. Alentamos standardized forms and data, a reasonable enfáticamente a aquellos que ya usan llantas Michelin y aquellos reporting time period and a reporting hierarchy que pensaban que el costo de las llantas Michelin estaban fuera structured in a manner that does not overwhelm the intent and economics of the proposed de su presupuesto a llamar a nuestra oficina y revisar los nuevos regulations with redundant and overlapping precios bajos, bajos. Aquí están los nuevos procedimientos de reporting requirements. compra más abajo: 5. A clear, efficient and minimally evasive “refusal 1. tarjeta de crédito válida debe ser archivada con CCTA to submit to a test” determination process for antes de comprar cualquier producto de Michelin. Por positives by C/TPAs and employers to the favor llene, firme y devuelva el formulario de autorización clearinghouse. de tarjeta de crédito a CCTA. Forma se encuentra en la 6. An effective deterrent for driver’s with drug or página del programa de llantas Michelin en calcontrk. alcohol problems from job hopping, and owner- org. También puede llamar a la oficina al 909-982-9898 y operators from C/TPA hopping until they find pidió a un representante de CCTA. one that tests “infrequently.” 7. A standardized driver release form, that once 2. precios de llantas: Reciba su lista de precios de CCTA approved by the driver for a particular test shall primero antes de entrar a un distribuidor de Michelin. Los be sent to all parties electronically within the concesionarios no tendrán nuestros precios con descuento employer contracted drug testing supply chain. sólo está llenando su pedido de llantas. 8. Driver/Employee’s need to be compelled to 3. pedidos de llantas: Una vez que estás en un distribuidor disclose to employers (and C/TPAs for owner- autorizado de Michelin, tiene su representante de ventas operators) that they have been cited and de distribuidor de llantas CCTA llame y solicite un número convicted for driving a commercial vehicle de PO (orden de compra) para las llantas que usted está under the influence of drugs and/or alcohol. comprando. Facturación de CCTA cargará todos los 9. The Clearinghouse must create and staff a estatales y los impuestos locales de la ciudad. Nota: Si mandatory arbitration or dispute resolution están dejando su cubierta de llanta en el concesionario, process for any positive or refusal designation which is challenged. Without such an option, le puede cobrar una cuota de $1.75 por llanta del medio employers and C/TPAs face the expense and ambiente, honorarios de montaje/desmontaje y equilibrio OPINIÓN LA time involved in litigation, as well as the specter se cobrará por separado por el concesionario y están su of unreasonable jury awards. responsabilidad pagar al distribuidor de llantas – esas cuotas no se pueden agregar a la facturación a través de We completely support the intent and spirit of the las cuentas nacionales. proposed clearinghouse regulations but we are very concerned about the implied redundant “employer 4. crédito de cubierta de llanta: Cada concesionario negociará responsibility” to report. Virtually everyone in the con usted un acuerdo sobre el valor de sus encofrados supply-chain or process (with the exception of the usados basado en pasar la inspección de un cadáver. La collection site) is required to report positive tests and nota de crédito sigue generalmente unos días después de behaviors or actions that are considered a positive test. la compra original. Una vez que recibimos una nota de Clearly we do not want to see any positive driver crédito para las cubiertas del llantas, acreditaremos esa not immediately reported into the clearinghouse, but we cantidad a su tarjeta de crédito. are concerned that ALL entities within the contracted 5. un recibo de pago se le enviará a usted por CCTA, el supply-chain should be required to report the same distribuidor no le entregará un recibo. positive information. Si tienes alguna pregunta sobre cómo ordenar tus llantas, We also believe that the regulation should denos una llamada 909-982-9898, personal de CCTA está bien contemplate a hierarchy of responsibilities starting with informado sobre el programa y le puede ayudar. the MRO (for all drug testing), the BAT and C/TPA or employer (for alcohol) and ending with the employer and Obtendrá una carga de programa de descuento de CCTA C/TPA for owner-operators for refusals. The regulations nuestra nueva batería interestatal “Mejor precio” require the C/TPA to act as the employer for owner- operators. CONTINÚA EN LA PÁGINA 33

Volumen - 73 Número - 2 “La Fuerza en Números” 31 LA OPINIÓN

32 Febrero 2013 En el Internet en CalConTrk.org Nueva Coalición Formando Para Detener Aumentos Por Carb De Precios De por aumentos del precio de gas en coche. Además, la recesión Combustible persiste más larga y profunda en estas áreas. Esta forma de pago es extremadamente regresiva – quienes menos pueden Revelando el verdadero costo del terminan pagando más. combustible en la bomba de gas. Y el choque no se sentía en la bomba de gas. El alza de la A partir del 2015, los californianos pagarán 12 a 15 cuota se espera que afecte el precio de bienes centavos adicionales por galón de gasolina debido y servicios que dependen del petróleo y del a una tarifa de gas de impuestas gas para el transporte – alimentos, energía, por la organización del estado – transporte público y servicios vitales como un “impuesto escondido” – que transporte escolar, las patrullas de policía y fue creada por la administración de protección de fuego. Brown sin entrar al consumidor o La escasez de agua ya está tomando revisión legislativa. su peaje con aumentos en el precio de El presente Reglamento, conocido bienes y servicios. Este impuesto de gas como la porción de “Combustibles inminente sumará otra carga a una región debajo de la tapa” de la California ya devastada, golpeando Valle Central Air Resources Board (CARB) AB 32 desfavorecidos, agricultores, trabajadores y familias el Reglamento Cap & comercial, se estima más difícil. que costará fabricantes de combustible y otros distribuidores Ahora no es el momento para los burócratas del medio hasta 15 centavos por cada galón de combustible. Mientras ambiente de California jugar los ingenieros sociales para que los burócratas del estado afirman que el nuevo impuesto fijar los precios a los consumidores que necesitan para llenar de gas es parte del programa de CARB relacionada para sus tanques de gas para ganarse la vida. afectar el cambio climático, los $2 billones levantados irán directamente al fondo General del estado y otros “fondos ¿Cuál Es La Solución Y Cómo Puedo Hacerlo? especiales” donde los políticos pueden hacer lo que quieren California pagará 12 a 15 centavos adicionales por con él. De hecho, como “malos productos” impuestos, el galón a partir del año nuevo si el gobernador Brown no objetivo de esta campaña es de subir los precios tan alta pone un alto a la Directora de CARB Mary Nichol a su tonto que la gente no pueda pagarlo y a utilizar otras opciones de régimen gas fiscal. Organizaciones que ayudan a familias transporte, tales como transporte público, costosos vehículos trabajadoras de California deben conjuntarse para decirle al eléctricos y bicicletas. gobernador que estamos hartos de la bomba de gas. ¿Qué Significa Esto Para Unase a “ Fed up at the Pump” y dígale al gobernador Los Motoristas De California? Brown y el California Air Resources Board “ALTO!” y LA OPINIÓN LA Mientras que este costo ocultado aplicado por el dejen de alzar los precios de gas el 1 de enero antes de que gobierno llegará a todo el mundo, las personas que viven la frágil economía de California daña y perjudica a millones en las regiones Central y Valle de San Joaquín sentirán el de trabajadores californianos aún más. impacto más. Personas que viven en las zonas rurales suelen Para más información visite en línea: viajar más lejos, menos vehículos eficientes y son afectados www.fedupatthepump.org

Programas De Descuento &RQWLQXDFLyQGHODSiJLQD STOP FRAUD! Entendemos las batallas que nuestros miembros enfrentan cada día. El costo del combustible, llantas, seguro y con demasiada frecuencia las reparaciones inesperadas y Call the State Fund costosas debían permanecer funcionando. Nuestro nuevo programa de descuentos con batería interestatal permitirá que Fraud Hotline acceder a un producto de calidad con precios comparables a las marcas de descuento. El procedimiento de compra es (888) STOP-FRAUD muy similar a las de nuestro programa de llantas Michelin 7:00 a.m. to 7:00 p.m. Mon. - Fri. “Mejor precio”. Llame a la oficina para nuestros precios y lo dirigimos al distribuidor más cercano de batería interestatal. You may remain anonymous. Bilingual operators available. Please do not use this number to report billing problems, late payments, Cuando hice algunas preguntas, nuestros precios de batería complaints, etcetera. fueron $10- $20 menos que incluso Sam Club/Walmart por la misma batería idéntica.

Volumen - 73 Número - 2 “La Fuerza en Números” 33 If you have any questions on how to order your tires, give us a call 909-982-9898, CCTA’s staff is knowledgeable about the program and can assist you. 5XG\#&DO&RQ7UNRUJ

New and Improved MEMBERS - CHAPTERS AFFILIATES Membership Discount Programs You’ll get a Charge from Our New Interstate Michelin Tire “Best Price” National Batteries “Best Price” CCTA Discount Program Account Program Ready for Prime Time We understand the battles our members face every day. The cost of fuel, tires, insurance and too often the unexpected We are pleased to roll out the new Michelin and costly repairs needed to stay running. Our new discount Tire “Best Price” National Account Program. program with Interstate Batteries will allow you access The CCTA staff has been working overtime in order to to a quality product with pricing comparable to discount improve our tire discount program for members. We strongly brands. The purchase procedure is very similar to those for encourage those who already use Michelin tires and those our Michelin Tire “Best Price” program. Call the office for who thought the cost of Michelin tires were out of their our pricing plus we’ll direct you to the nearest Interstate budget to call our office and check out the new low, low Batteries dealer. When I checked around, our battery prices prices. Here are the new purchase procedures below: were about $10-20 lower than even Sam’s Club/Walmart for the same identical battery. SCCA PAC Auction And Casino Night The Southern California 1. A valid credit card must be on file with CCTA before Contractors Association (SCCA) purchasing any Michelin products. Please fill out, held its annual PAC auction at the sign and return the credit card authorization form to American Way Cultural Center in CCTA. Form is found on the Michelin Tire program the city of Orange, on Saturday page at calcontrk.org. You can also call the office at evening, April 12th. 909-982-9898 and ask a CCTA representative for one. The event was very well 2. TIRE PRICING: Get your tire pricing from CCTA planned and all the guests really first before walking into a Michelin dealer. Dealers got into character for “Casino will not have our discounted pricing they are only Night and the Roaring 20’s.” The filling your tire order. event raised a substantial amount 3. TIRE ORDERING: Once you are at a Michelin of funds for a great cause; SCCA’s authorized dealer, have your tire dealer sales (L-to-R) CCTA Southern PAC. American Alliance Drug representative call CCTA and request a PO (Purchase Membership Services Testing donated a gift basket that Order) number for the tires you are purchasing. Director - Rudy Navarrete with daughter Lisa Dee had the crowd buzzing during the CCTA billing will charge all state and local city taxes. Navarrete, Andrea Groom silent auction. and Jason Groom – VP Business Development NOTE: If you are leaving your tire casing(s) at the for La Londe Equipment My daughter, Lisa and I dealer, you may be charged an Environmental Fee of Rental. attended the event. I have been $1.75 per tire, dismounting/mounting and balancing attending these PAC auctions for at fees will be charged separately by the dealer and are least 18 years and they are the best. The CCTA will be inviting your responsibility to pay the tire dealer – those fees the staff and members of the SCCA to our Scholarship BBQ cannot be added to the billing through the National fundraiser on July 19th at the facilities of Superior Trailer in Account. Fontana. 4. TIRE CASING CREDIT: Each dealer will negotiate with you an agreed upon value for your used casings T-ROCkin’ CTTA Fundraiser based on passing a carcass inspection. The credit The California Tow Truck Association (CTTA) held memo generally follows a few days after your original a fundraiser at the Long Beach Hilton on Friday evening, purchase. Once we receive a credit memo for tire May 2nd. The event was raising money to support the CTTA casings, we will credit that amount to your credit card. Political Action Committee (PAC) fund. The CTTA PAC 5. A paid receipt will be mailed to you by CCTA, the fund is essential to that association’s success at the State dealer will not hand you a receipt. Capital. We here at the CCTA/AADT are happy to support

34 May 2014 On the web at CalConTrk.org this cause, seeing we are all fighting for many of the same political actions. MEMBER HIGHLIGHTS The California Tow Truck Association’s Towing Regulatory Oversight Council, the “T-ROC,” is designed Association Members to provide thoughtful and balanced leadership on towing- related regulatory issues by bringing together experienced Recognized by TA and Petro industry professionals who reflect the diversity of the Named 2014 Citizen Driver Award Winners towing industry and who are committed to both protecting the motoring public and being fair to towing operators who TravelCenters of America and Petro Stopping Center provide the service. recognized association members Bob and Linda Caffee of Silex, MO. with the second annual Citizen Driver Award The night’s agenda was filled with great food, by renaming the Petro Stopping Center in North Las entertainment, it was a successful auction and the live band Vegas the “Bob and Linda Caffee Petro Stopping Center.” got the crowd up and shaking their booties. The gathering They were one of seven drivers selected in March at the was extra special for Rudy Navarrete – SMSD. He was Mid-America Truck Show in Louisville, KY. for this accompanied by his sister, Olga Ortega (wife working). It recognition. became somewhat of a family reunion when Brooks Ellison and Kirk Blackburn, legal counsel for both associations, TA and Petro created the Citizen Driver Award to joined the table. They all sat together at the main table with recognize [those] drivers who earn public respect for our Larry Muzamel – CTTA Executive Director. All in all, the industry through good citizenship, safety, community gala was very well planned out, executed and looked to be involvement, health and wellness, and leadership. The very successful. Caffee industry involvement certainly fits the bill. The CCTA staff and volunteers are looking forward to Linda is a member of the Board of Directors of Women inviting our counterparts from the California Tow Truck in Trucking; they both are involved with Trucker Buddy Association to our BBQ fundraiser on Saturday, July 19 the International, a pen pal program with school children, in Fontana. and the Trucking Solutions Group which fosters “best practices” to improve their businesses. Together, they American Truck Historical operate their Casscadia (aka. “Caffcadia”) Freightliner as a husband-wife team under contract with FedEx Custom Society - Antique Truck Show Critical. I was contacted by TA and Petro have begun the process of selecting their longtime CCTA member, 2015 Citizen Driver Award nominees. Tony Adivari (Orange County Chapter) in October To nominate a driver and read the official rules on line of 2013 regarding the go to: www.tatravelcenters.com/citizendriveraward/ antique truck show in Perris, CA. Tony and I ran into each other last year at the Truckin’ for Kids show in Irwindale, CA. Tony shared his Vincent Adivari alongside of Adivari enthusiasm and his love for classic truck – Beautiful Rig old big rigs with me and encouraged me to attend the show in Perris. Taking the bait, I contacted the show’s director, Ray Del Pino, who offered a spot to me for the Sunday, May 4th event. The CCTA booth was located directly across from Dalton Trucking’s beautiful antique trucks. This made the afternoon just sail on bye with being able to hang out with Terry Klenske and his lovely wife, (left to right) Rudy Navarrete, CCTA’s SMSD, Ellie and of course spending time Ellie and Terry Klenkse with my brother, Al Leon. Terry is AFFILIATES MEMBERS - CHAPTERS very active with the American Truck Historical Society and has a passion for the old trucks, he has played an integral role helping ATHS thrive and succeed as the great antique truck organization it is today.

Volume - 73 Number - 5 “Strength in Numbers” 35 California Construction Trucking Association MEMBERS - CHAPTERS AFFILIATES On behalf of the scholarship committee, we want to thank Teddi UPCOMING SCHOLARSHIP EVENTS Nichols, our scholarship advisor. RD We are happy to hear that several 3 ANNUAL BBQ FUNDRAISER scholarship applicants have reached Saturday, July 19th out to Teddi for guidance on the application process for the CCTA 10 a.m. - 2 p.m. Teddi Nichols - Scholarship scholarships. Adviser This is a typical question that is often asked by students and their family members: ³,¶P HPDLOLQJ \RX UHJDUGLQJ WKH WUXFNLQJ 13700 Slover Ave - Fontana, CA 92337 VFKRODUVKLS7KLV\HDU,ZDVJHQHURXVO\DZDUGHG To RSVP your attendance with DVFKRODUVKLSWKURXJKWKH&DOLIRUQLD&RQVWUXFWLRQ Rudy (909) 329-5673 or Betty at (707) 974-8961 7UXFNLQJ $VVRFLDWLRQ , ZDV ZRQGHULQJ LI P\ VFKRODUVKLS UROHV RYHU DJDLQ LQWR QH[W \HDU RU 'RQ¶W)RUJHWWR3XUFKDVH

The Scholarship Committee would like to recognize Greg Dineen & Associates Mark Sturdevant Dan Ugalde Sr. LA Freightliner Dirt Patrol

for their generous contribution, the bowling PLEASE NOTE: If any scholarship applicants would like tournament raised $2,326 assistance or guidance with the scholarship application - Thank You! process, please feel free to contact our scholarship advisor, Teddi Nichols at [email protected]

www.CalConTrk.org/Programs/Scholarship

36 May 2014 On the web at CalConTrk.org Riverside/San Berdino Chapter Old school meets the new school. The chapter got together for Saied was also not present because he was out on a job. This a meeting on Saturday morning, meant we were all able to get done early and have some time April 26th at Denny’s restaurant for ourselves on Saturday afternoon. in Fontana. The agenda had the We want to give Doug Nichols an honorable mention. group split in opinion over the We all lead busy lives and have many family obligations, new amendments to the CARB yet Doug consistently demonstrates a positive spirit of truck and bus rule. We had one cooperation. He always is the first to raise his hand when group that bought new or newer there is an opportunity to volunteer for any CCTA events. trucks and DPFs versus the ones Rudy has coined him with the nickname “Huckleberry” that are trying to buy more time, (L- to-R) Al Leon, Dalton (The right man for the job). trucking’s compliance manager yet were still in compliance. and Hector Leon – Chapter He is a great example for all other CCTA volunteers Chair and owner of Dirt Patrol Thanks to the leadership of and we thank him for his fantastic leadership role for the (no relation). Hector, the Chapter Chair, he association. was able to help the members to find common ground and even with different points-of- view. The meeting continued with contributions from all in attendance on a variety of subjects regarding how to help the average trucker stay in business. They shared ideas on how to utilize membership discount programs in order to save a dime here and there. Hector Leon made a motion for the chapter to donate $2,000 towards the CCTA scholarship fund and it was approved by all in attendance. Thank you, Riverside/San Bernardino Chapter.

San Fernando Valley Chapter (L-to-R) Doug Nichols and Adrian Essenberg, working - Smoke Testing/Pancake the smoke meter on a Saied truck. Breakfast Bill Visser, Chapter CCTA Code of Ethics: Chair and Adrian Essenberg, Chapter As a member of the CCTA, I promise to practice Director conducted a the following &RGH RI (WKLFV while conducting periodic smoke testing/ business. pancake breakfast for ‡ To conduct my business with Integrity, Honesty the members of the and Responsibility to the highest degree. San Fernando Valley ‡ To share information with my fellow trucker, in Chapter on Saturday order to promote growth in our industry. rd morning, May 3 . Tom Wilson gives a thumbs up after his Charlie and Mary truck passes inspection. ‡ 7RSURYLGHH[FHOOHQWSURIHVVLRQDOVHUYLFHWRP\ Saied were generous to clients. host the event for the third consecutive year, at their yard in ‡ To develop, nurture and maintain working Sun Valley. Doug Nichols, Ventura Chapter Chair and CCTA relationships with all CCTA members. AFFILIATES MEMBERS - CHAPTERS 1st Southern Vice-President was in charge of smoke testing ‡ To treat employees, sub-haulers, vendors and trucks with the help of Nabeel Saied (Charlie’s brother), along with the assistance of Adrian. suppliers fairly and respectfully. We all felt that the day was a winner, because many ‡ Not to discriminate against any person because of those who R.S.V.P.’d had to cancel smoke testing their race, age or religion. trucks because they were busy working. Our host Charlie

Volume - 73 Number - 5 “Strength in Numbers” 37 BAY Maydene Delgadillo Bulmaro Ramirez Walter Catalan A & K Trucking Ramirez Trucking Integrated Transportation Co. Inc. Chino Hills Santa Clara

MEMBERS - CHAPTERS AFFILIATES Hayward 6SRQVRU5XG\1DYDUUHWH 6SRQVRU5XG\1DYDUUHWH 6SRQVRU%HWW\3ORZPDQ Jerome Stephens Salvador Ruezga KERN AJS Trucking Inc. Ruezga Hauling Lance Goblirsch Moreno Valley Sunnyvale Goblirsch Trucking 6SRQVRU5XG\1DYDUUHWH Ceres Richard Woods 6SRQVRU5XG\1DYDUUHWH RCWS Enterprises, Inc. WTA MEMBERSHIP Ontario Suzy & David Azmier MODESTO 6SRQVRU5XG\1DYDUUHWH Sunstate Freight LLC James H. Miller Ocoee, FL Faith Trucking SAN DIEGO 6SRQVRU-RH5DMNRYDF] Swall Meadows Daniel Mueller 6SRQVRU%LOO*DUQHU Mueller Backhoe Service Everett Loftis El Cajon Sitfol Trucking Elizabeth Navas 6SRQVRU5XG\1DYDUUHWH Atascadero, CA Nelson & Sons Transportation 6SRQVRU-RH5DMNRYDF] %DNHUV¿HOG SAN FERNANDO VALLEY 6SRQVRU5XG\1DYDUUHWH Maria Molina Fanny T. Lutz Interior Demolition Inc. Fandoll Group Inc. ORANGE Montrose Eastman, GA Erika & Sergio Dueñas 6SRQVRU-RH5DMNRYDF] Dueñas Trucking LLC Layne Olson Santa Ana L.M. Olson Inc. Salvador Murillo 6SRQVRU5XG\1DYDUUHWH Granada Hills Alexa’s Trucking 6SRQVRU7RP:LOVRQ Tyler, TX Raul Romero 6SRQVRU-RH5DMNRYDF] Romero Contracting Corp. Alfred Godinez Anaheim Hills Calmex Trucking Nicodemus Ongoro 6SRQVRU5XG\1DYDUUHWH Granada Hills Point to Point Solutions LLC 6SRQVRU5XG\1DYDUUHWH Euless, TX SAN BERNARDINO/RIVERSIDE 6SRQVRU-RH5DMNRYDF] Harlin Borcherding Jim Stalboerger Fast Reliable Transportation-CA, LLC Frontline Trucking Sergey Romanov Riverside Acton RST Services 6SRQVRU5XG\1DYDUUHWH 6SRQVRU-RH5DMNRYDF] Victorville 6SRQVRU-RH5DMNRYDF] Jon Branston VENTURA JB Recycling Services, Inc. Brian M. Urrea Adam Starr Lake Elsinore Urrea & Sons Trucking Inc. Starr’s Building Supply, Inc. 6SRQVRU5XG\1DYDUUHWH Moorpark Sacramento

Jose Chavez SOUTH BAY Melvin A. Vasquez JLM Trucking Jose Antonio Ruezga Alvarez La Flotilla Transmission Corona Ruezga’s Trucking Victorville 6SRQVRU5XG\1DYDUUHWH Sunnyvale 6SRQVRU-RH5DMNRYDF] 6SRQVRU5XG\1DYDUUHWH Jose Conrado NY Transport, Inc. Salomon Betancourt We like to welcome all our Fontana Salomon Betancourt Trucking new members 6SRQVRU5XG\1DYDUUHWH East Palo Alto 6XVDQ-RQHV&&7$ 6SRQVRU5XG\1DYDUUHWH 3UHVLGHQW

38 May 2014 On the web at CalConTrk.org Professional & Technical Services

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Volume - 73 Number - 5 “Strength in Numbers” 39 SUPPORT CCTA AFFILIATES AFFILIATES DIRECTORY CALCONTRK.ORG/AFFILIATES TRUCKS, TRAILERS, PARTS AND RELATED INDUSTRY SERVICES BUSINESS MANAGEMENT R.B. MOBILE DIESEL TESTING COMMERCIAL CARRIERS LEGAL SERVICES 17H[DV6WUHHW6XLWH- INSURANCE AGENCY, INC. BARRETT BUSINESS SERVICES )DLU¿HOG&$ 12641 E. 166th Street CARNO & CARLTON LLP 2 Lower Ragsdale Drive Š (707) 688-4702 Cerritos, CA 90701 24031 El Toro Road, #220 Monterey, CA 93940 www.rbmobiledieseltesting.com (562) 404-4900 Laguna Hills, CA 92653 (831) 375-0105 (949) 540-0320 VALLEY POWER SYSTEMS INC. (800) 229-8782 MEMBERS - CHAPTERS AFFILIATES www.barrettbusiness.com www.carnocarltonlaw.com 425 S. Hacienda Blvd. www.cciainsurance.com COMMERCIAL COLLECTION City of Industry, CA 91745 FREDRICK B. ROBERSON GARY W. WIGAND ATTORNEY (626) 252-9448 INSURANCE SERVICES 2552 W. 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Euclid Avenue (800) 260-3534 x-46464 (909) 754-4036 8SODQG&$ WESTERN LUBRICATION (916) 864-6464 Mobile Compliance Service (800) 820-9314 Alta Loma, CA 91737 (909) 608-2058 Fax www.progressivecommercial.com (909) 350-0189 COLLISION REPAIR www.westernlubrication.com ELECTRONIC FLEET WINDMILL INSURANCE ALL FLEET COLLISION MANAGEMENT 24977 Washington Avenue, #B ON-BOARD SCALES Murrieta, CA 92562 15746 Vermont Avenue ZONAR SYSTEMS Paramount, CA 90723 (866) 698-1150 VULCAN ON-BOARD SCALES &DVFDGH$YHQXH6 th (562) 633-3560 5920 S. 194 Street 6HDWWOH:$ WOOD GUTMANN & BOGART Š .HQW:$ DMV REG/PERMITS/TAXES (206) 878-2459 INSURANCE BROKERS (800) 237-0022 www.zonarsystems.com 15901 Red Hill Avenue ELIZARRARAS & ASSOCIATES www.vulcanscales.com FUEL ADDITIVES 7XVWLQ&$ /LPRQLWH$YHQHXH$ Š (714) 824-8301 PRINTING Jurupa Valley, CA 92509 PREMIER FUEL TECHNOLOGY www.wgbib.com REBEL BUSINESS FORMS (951) 681-9275 60DLQ6WUHHW 600 N. Lunar Avenue Fond Du Lac, WI 54935 INSURANCE DIESEL EMISSIONS REDUCTION WORKERS COMP %UHD&$ (920) 251-5628 (800) 473-2235 A-Z EMISSIONS SOLUTIONS (920) 933-9230 nd ARMSTRONG & ASSOCIATES  Avenue www.fuelconserver.com (800) 632-2777 SMOKE OPACITY TESTING 6DFUDPHQWR&$ FUEL SUPPLIERS Lic# 0B50501 A-Z EMISSIONS SOLUTIONS (916) 399-2902 www.aandains.com nd Avenue www.a-zemissions.com WP COMMERCIAL FUELING 177 East Arrow Highway BARRETT BUSINESS SERVICES 6DFUDPHQWR&$ CLEANFLEETS.NET 8SODQG&$ 2 Lower Ragsdale Drive Š (916) 399-2902 VW6WUHHW (909) 981-8696 Monterey, CA 93940 6DFUDPHQWR&$ R.B. MOBILE DIESEL TESTING RAMOS OIL CO., INC. (831) 375-0105 17H[DV6WUHHW6XLWH- (916) 520-6040 www.barrettbusiness.com ZZZFOHDQÀHHWVQHW 1515 S. River Road )DLU¿HOG&$ West Sacramento, CA 95691 CAL-VALLEY INSURANCE (707) 688-4702 DIESEL EMISSIONS SERVICE th (916) 371-2570 16L[WK6WUHHW www.rbmobiledieseltesting.com 701 66 Avenue, Unit B Fresno, CA 93710 (916) 825-2873 - Robert Feder WESTERN LUBRICATION Oakland, CA 94621 www.ramosoil.com (559) 225-1300 (510) 635-5361 Alta Loma, CA 91737 R.E. GOODSPEED & SON’S (559) 225-8966 Fax 1520 E. Francis Street (909) 350-0189 DISTRIBUTING INC. 90 Great Oaks Blvd #201 Ontario, CA 91761 www.westernlubrication.com 17671 Eucalyptus Street San Jose, CA 95119 (909) 947-3620 Hesperia, CA 92345 (408) 323-2280 TARP SYSTEMS & MFG 17011 Clear Creek Road (760) 949-3356  )D[ A&R TARPAULINS, INC. Redding, CA 96001 INSURANCE www.calvalleyinsurance.com 16246 Valley Boulevard (530) 241-3950 HEALTH COMMERCIAL CARRIERS Fontana, CA 92335 CDTi – ENGINE CONTROL SYSTEMS ARMSTRONG & ASSOCIATES INSURANCE AGENCY, INC. (909) 829-4444 4567 Telephone Road, #100 239 West Court Street, Bldg. A 12641 E. 166th Street www.artech2000.com Ventura, CA 93003 Woodland, CA 95695 Cerritos, CA 90701 PULL TARPS MANUFACTURING (800) 331-9247 (800) 632-2777 (562) 404-4900 1404 N. Marshall Avenue www.enginecontrolsystems.com Lic# 0B50501 (800) 229-8782 El Cajon, CA 92020 EMISSIONS SERVICES UNLIMITED www.aandains.com www.cciainsurance.com (800) 368-3075 2035 Placentia Avenue, #B2 THE ARK INSURANCE SERVICES STATE COMPENSATION www.pulltarps.com Costa Mesa, CA 92627 3740 Elizabeth Street INSURANCE FUND SHUR-CO LLC (714) 742-1274 Riverside, CA 92506 900 Corporate Center Drive 32%R[ EXHAUST EMISSION (951) 684-0211 Monterey Park, CA 91754

CONCRETE EQUIPMENT MANUFACTURING ASSOCIATIONS Name State Chapter Position Contact SCHWING AMERICA INC. AMERICAN CONCRETE 5900 Centerville Road PUMPING ASSOCIATION Bill Visser San Fernando Valley  6W3DXO01 606 Enterprise Drive (888) 724-9464 Lewis Center, OH 43034 Art Soto High Desert 760-217-1212 (651) 429-0999 (614) 431-5618 www.schwing.com www.concretepumpers.com Chuck Duveneck Central Coast - Santa Maria 

TIRE SALES & REPAIR NORCAL KENWORTH (Cont.) Dan Ugalde Jr. Orange County  0RQWHUH\5RDG CANYON TIRE SALES INC. Eddie Leimkuehler Antelope Valley - Lancaster  Gilroy, CA 95020 1240 Magnolia Avenue (408) 842-5383 Corona, CA 91719 Fred Martin San Diego County 619-445-2565 (909) 371-1704 20769 Industry Road Anderson, CA 96007 Hector Leon San Bernardino - Riverside 714-926-7550 SANTA MARIA TIRE INC. (503) 222-1212 249 Montgomery Avenue Tom Santoro Monterey Bay  2[QDUG&$ RUSH TRUCK CENTER (805) 642-0174 (6ODXVRQ$YHQXH Keith Pruett )DLU¿HOG  www.smtire.com Pico Rivera, CA 90660 (562) 566-1804 Leonard Lindsey West Los Angeles  TRAILER BODY MANUFACTURING www.rushtruckcenters.com SALES & REPAIR Doug Nichols 9HQWXUD2[QDUG  WESTERN STAR OF SO. CAL RELIANCE TRAILER SALES, LLC 9DOOH\%OYG Patricia McDonald No. Principal Overlying Carriers  4907 E. Waterloo Road Fontana, CA 92335 Stockton, CA 95215 (916) 510-4406 Richard Santos Modesto - Stockton 209-532-3271 (209) 931-3000 6006 Miramar Road www.reliancetrailer.com Susan Jones Bay Area - Alameda County  San Diego, CA 92121 - Contra Coasta County SUPERIOR TRAILER WORKS (949) 310-9789 13700 Slover Avenue www.westernstarofsocal.com Thom Emery Coachella Valley 760-902-2119 Fontana, CA 92335 WESTRUX INTERNATIONAL INC. (909) 350-0185 15555 Valley View Avenue Victor Vasquez San Gabriel Valley 626-216-5244 www.superiortrailerworks.com Santa Fe Springs, CA 90670 Kelvin Monzon South East Los Angeles  TRUCK & TRAILER PARTS (562) 244-1824 SALES, SERVICE & REPAIR TRUCKING SOFTWARE Dan Bianchi Redwood 707-496-3103 FLEET SERVICE INC. VARIPRO SYSTEMS, INC. Jed Kern .HUQ%DNHUV¿HOG 661-323-1393 3520 Mira Loma Avenue 16DFUDPHQWR6WUHHW $QDKLHP&$ Lodi, CA 95240 (714) 630-4213 (209) 334-6020 CCTA 2014-2015 STATE OFFICERS ZZZÀHHWVHUYLFHVLQFFRP www.varipro.com IRONMAN PARTS & SERVICE SWEEPER SERVICES President Treasurer 2535 Anselmo Drive Susan Jones (510) 537-2178 John Pitta (831) 484-2570 &RURQD&$ ADVANCE SWEEPING Š (951) 532-5668 114016 Santa Ana Avenue 1st No. Vice President Past President www.ironmanparts.com Fontana, CA 92337 (909) 350-3952 Keith Pruett (707) 448-3144 Fred Martin JOHNSON POWER SYSTEMS st (619) 743-3304 656 E. La Cadena Dr. ER SWEEPING INC. 1 So. Vice President 3737 San Gabriel River PKWY. Riverside, CA 92507 Doug Nichols (805) 844-4618 &&7$ RI¿FHUV DUH HOHFWHG IRU (951) 683-5960 Pico Rivera, CA 90660 nd two year terms. Service on the (951) 788-5112 Fax (562) 568-6033 2 No. Vice President www.johnson-power.com Danny Rocha (209) 652-6995 ([HFXWLYH %RDUG LV D JUHDW ZD\ USED EQUIPMENT to give something back to your SALES, RENTAL & LEASING TRUCK SALES NEW & USED 2nd So. Vice President industry, and is also an education PARTS & SERVICE CHARTER SALES COMPANY Aaron Rodriguez (951) 903-3234 in government procedures. A-Z EMISSIONS SOLUTIONS 7667 Cone Lane Elections occur every two years. nd Avenue Windsor, CA 95492 Secretary If you are interested in serving as 6DFUDPHQWR&$ (707) 837-1893 Mary Proctor (510) 494-0644 DQ HOHFWHG RI¿FHU SOHDVH FRQWDFW www.chartertrucks.com (916) 399-2902 CCTA President. COAST COUNTIES PETERBILT CROSSROADS EQUIPMENT 260 Doolittle Drive LEASE & FINANCE San Leandro, CA 94577 9121 Haven Blvd., #270 CCTA COMMITTEE CHAIRPERSONS (510) 568-6933 Rancho Cucamonga, CA 91730 920 Elvee Drive (213) 361-7588 AADT Chairman Salinas, CA 93901 www.crlease.com Fred Martin (619) 743-3304 (831) 758-2441 RITCHIE BROS. AUCTIONEERS Insurance & Safety Chairman 2660 Jacobs Avenue 765 W. Rider Street Dan Bertrand (800) 632-2777 Eureka, CA 95501 Parris, CA 92571 (707) 443-7073 (951) 940-9441 Chapter Member www.rbauction.com 7675 Conde Lane Doug Nichols (805) 844-4618 Windsor, CA 95492 OTHER SERVICES Scholarship Committee Chairperson (707) 837-2727 A.K. DATA SERVICES Doug Nichols (805) 844-4618 San Jose, CA 95106 555 N. 4th Street (408) 453-5510 San Jose, CA 95112-4607 Political Action Comm. (PAC) (408) 263-7300 Fred ReCupido (951) 849-1002 LOS ANGELES FREIGHTLINER AFFILIATES MEMBERS - CHAPTERS 9DOOH\%OYG Legislation Regulations & Labor Fontana, CA 92335 Robert McClernon (916) 388-9200 (909) 510-4000 Š NEW AFFILIATES (909) 510-4050 Fax Contact a representative for These standing committees make decisions on current issues affecting the transportation industry. These decisions are then brought before the Board of NORCAL KENWORTH IXUWKHUGHWDLOVDERXWRXUDI¿OLDWH 'LUHFWRUVDQGJHQHUDOPHPEHUVKLSIRU¿QDODSSURYDODQGLPSOHPHQWDWLRQ 707 Display Way SURJUDPDQGLWVEHQH¿WVDVNKRZ If you are interested in one or more of these committee topics and would 6DFUDPHQWR&$ you can be a member. like to serve as a committee chairperson, please contact CCTA President and (916) 371-3372 %HWW\3ORZPDQ   ([HFXWLYH&RPPLWWHH&KDLUPDQ 1755 Adam Street Rudy Navarrate (909) 329-5673 San Leandro, CA 94577 +DQNGH&DUERQHO   (510) 836-6100 Volume - 73 Number - 5 “Strength in Numbers” 41 Association Members with May Anniversary

40-49 YEARS Mr. Luis Oviedo C and R Trucking 97 BAY Member Name Company Name Join Chap. Mr. Richard Paul Rick Dassori Trucking 00 FRE Mr. Thomas A. Hodge Hodge Trucking 71 SB Dassori 30-39 Years Mr. Jorge E. Rodriguez Columbo Trucking Inc. 00 SGV Mr. Philip Collins Collins Trucking 01 SFV MEMBERS - CHAPTERS AFFILIATES Member Name Company Name Join Chap. Mr. Terry Klenske Dalton Trucking Inc. 77 SBR Mr. Daniel Stephens Lana Stephens Trucking 01 HD Mr. Leonard C. Lindsey L. Lindsey Trucking Inc.  WLA Mr. Jeff Becker Royal Trucking 02 BAY Mr. George Moore George D Moore Trucking  FRE Mr. Rafael Beltran R. Beltran Trucking Inc. 02 SD Mr. Bill Wrobel Bill Wrobel Trucking  SR 5-9 YEARS Mr. Terrence A. Rose T. A. Rose Transportation  BAY Member Name Company Name Join Chap. Mr. Kent Harris Kent Harris Trucking &  SBR Ms. Sharon Cutler R & S Trucking 05 SR Materials Mr. Jim Knoll Wetland Construction, Inc. 05 FF Mr. D. A. Ranchie Ranchie Donavan A  VEN Ms. Farrell J. Weakley Far-Way Trucking 05 FRE 20-29 YEARS Mr. Donald Darrah Darrah Trucking & 05 BAY Member Name Company Name Join Chap. ([FDYDWLQJ,QF Mr. Harvey L. Gentry Gentry Trucking  SAC Mr. Eric Olsen Mega Engineering Co. 06 SD Inc. Ms. Lora Morris Morris Equipment Rental  SD Mr. Jake Ubil Jake’s Towing & Recovery 06 SAC Ms. Charlene Milby Charlene’s Transportation  VEN Mrs. Dorothy Borgens Poot Trucking 07 HD Mr. James C. Nella Nella Trucking  SR Mr. Randy Douglas Tierra Contracting  VEN Mr. Dick Stevens Dick Stevens Trucking  VEN Mr. Lee Meier Lee Meier Trucking LLC  SAC Mr. Jeff Hansen Construction Specialty  MOD Mr. Howard Peterson Clark’s Rock Divi Cunn-  FF Mr. Mathew Feigel Julian Materials &  SD Pete, Inc. Trucking Mr. Ken Neles Ken Neles Trucking 09 SR Mr. Louis Gaudenzi Louis Gaudenzi  VEN Mr. Jon Pittman Pittman Trucking 09 RED Mr. Ron Albini Albini Trucking 90 SR 0-4 YEARS Mr. Gregory Menna Greg’s Trucking Service, 90 SB Inc. Member Name Company Name Join Chap. 0U-RKQ$OH[DNLV SM Tire 90 VEN Mr. Chad Jacobson Jacobson Trucking 10 MON Ms. Gail M. Lawrence G.M. Lawrence Insurance 91 MOD Mr. Gene M. Willis San Diego Florist 10 SD Broker Supplies, Inc. Mr. James C. Emery Emery Landclearing and 91 COA Mr. Mark Sturdevant LA Freightliner - Fontana 10 SBR Grading, Inc. Mr. Allan Young Allan C. Young Trucking 10 SBR Mr. Karl Falke Karl Trucking 91 SFV Mr. Warren Davis WLD Trucking Inc. 10 SD Mr. Manuel Gonzalez M G Trucking 91 SFV Mr. James Carter MCM Construction Inc. 11 SAC Mr. Mike E. Cooper C C Trucking 91 FF Mr. Carlos Galaviz American Wrecking, Inc. 11 SGV Mr. Ronald D. Miles W W Trucking 91 SFV Mr. Michael Parigini Associated Concrete 11 SAC Mrs. Patricia Smith Smith Trucking LLC 92 HD Pumping Mr. Thomas Wilson Tom’s Tractor Service 92 SFV Mr. Miguel Gonzales M G Trucking 12 SBR Mr. Oscar Uscanga OUR Trucking & Tractor 92 SBR Mr. Ron Nuss 1RUWKZHVW([FDYDWLQJ 12 SFV Svc. Inc. Mr. Allyn Goodall Allyn Goodall Trucking 92 FRE Ms. Nancy G. Aguilar Jana Trucking 13 Inc. Mr. David Webster Dave Webster Trucking 13 MOD Ms. Lorna Mangini Lorna Mangini Trucking 93 BAY Mr. Joshua Christian True Grit Transportation 13 OUT Mr. Harry Barajas H B Trucking 93 SB Mr. Miguel Angel Arvizu Diamond Trucking 13 SEL Mr. William Wright Bill Wright Trucking 94 SGV 0U)HOL[$UHOODQR El Cora Trucking 13 HD 10-19 YEARS Mr. Gregg Simpson Gregg Simpson Trucking 13 SR Member Name Company Name Join Chap. Mr. Harlin Borcherding Fast Reliable 14 SBR Mr. David Lubeck Progressive 95 SAC Transportation-CA, LLC Mr. Michael Adler X L Transfer 96 SBR Mr. James H. Miller Faith Trucking 14 MOD Ms. LesLee Guinn Guinn Trucking 96 HD Each month we acknowledge our members anniversary join year. Don’t Mr. Richard Gantenbein Gantenbein Trucking 97 SB see your company name on the list ... emails us your information. Mr. Dennis A. Ross Dennis Ross Trucking 97 SC 2I¿FH909-982-9898 Email: [email protected] Interested in joining, contact an Associaiton representative or your local Mr. Kurt Mark Nicholson Mark Nicholson Inc. 97 MON chapter.

42 May 2014 On the web at CalConTrk.org www.CALTRANSNEWS.COM/CLASSIFIEDS

*Members - FREE *Members 1/8WK Ads - $40 1RQ0HPEHUV$IÀOLDWHV$20 1RQ0HPEHUV$IÀOLDWHVWK Ads - $80 PRICE REDUCED $GGLWLRQDOOLQHVSHUOLQH $OODGVDUHSODFHGIRUPRQWKV21/< FOR SALE w/PM FILTER:  3HWH  6XSHU 0HPEHUV $I¿OLDWHVUHFHLYHXSWR)RXU/LQHVRIW\SHIRU)5(($I¿OLDWHPHPEHUVPD\RQO\DGYHUWLVHIUHH LQWKH:DQWHGRURWKHUVHFWLRQVLILW¶VIRUSURGXFWVRUVHUYLFHVQRWZLWKLQWKHVFRSHRIWKHDI¿OLDWHVEXVLQHVV HV  430HP, C13 CAT, Factory CARB PM Filter - No CARB $OOFODVVL¿HGDGVDUHSODFHGIRUWKUHHPRQWKVVWDUWLQJRQWKH¿UVWRIHDFKPRQWK¶VLVVXH'HDGOLQHVDUH on the 25th of the month for the proceeding issue. Non-members must pay in advance for placement. Requirements until 2023:%$&36¶'XPS%R[ We reserve the right not to place ads that may mislead or are considered offensive. If you are an DI¿OLDWHDQGZRXOGOLNHWRNQRZKRZWRDGYHUWLVHFDOOXVDQGDVNIRUD0HGLD.LWRUGRZQORDGIURPRXU Air Gate, Asking  $76,500 2%2  RU website at www.calcontrk.org. &HOOTruck is ready for work! (3/14) WANTED: DRIVERS & EQUIPMENT SEEKING SUPER DUMP, BOTTOM, END AND TRANSFERS California Materials Inc. - Must have a CA Class A w/ current Med card, FMCSA Safety History, Drug and Alcohol info, pre- employment test, 3 yr DMV record, call us 209/472-7422 (05/14) WANTED TRANSFERS: Bodies and Trailers in Decent Shape, any make and model, email: [email protected] (05/14) END DUMP WORK: Looking for Pullers, We have the work thru this Winter, Spring and Summer with 2 years of back log, Have a few end dumps left, Be a part of our team, Bay Area, FOR SALE:  7UDQVIHU XQLWV  3HWH & )DFWRU\ South Bay, San Francisco, Thinking of relocating, now is you DPF 500k miles+/-, Hard body Trk – Material Trlr haul 26 FKDQFHFRQWDFW6 67UXFNLQJ  tons and still do demo, Pull tarps units need a little work, LOOKING FOR DRIVERS TO PULL BOTTOM OR PNEUMATICS Changing business landscape is reason for sale, If a deal Drivers Must Have The Following: Good Communication PDGHWRWDNHDOOXQLWVZLOOLQFOXGHH[WUD7UOUER[DQGDOO Skills - Good DMV Record - TWIC Eligible - Doubles/Triples WUDQVIHUSDUWVLQVWRFNHDFK2%2 (QGRUVHPHQW([SHULHQFH7KH:RUN,V

California Transportation News USPS # 024-435 is published monthly by California Construction Trucking CCTA’s Dues Deductible Business Expenses $VVRFLDWLRQ3HULRGLFDOVSRVWDJHSDLGDWWKH8SODQG&$SRVWRI¿FHDQGDGGLWLRQDOHQWU\SRVWRI¿FH POSTMASTER: Please send address changes to: The California Construction Trucking Assoc. (CCTA) is a 501(c)(6) organization &DOLIRUQLD7UDQVSRUWDWLRQ1HZV1(XFOLG$YHQXH8SODQG&$ AFFILIATES MEMBERS - CHAPTERS serving the construction transportation community with a united voice, 9ROXPH1R&RS\ULJKWVE\&&7$$OOULJKWVUHVHUYHG1RSDUWRIWKLVLVVXHPD\EHUHSURGXFHG promoting highway safety, professionalism, mobility and access. For income E\DQ\PHDQVZLWKRXWWKHSULRUZULWWHQSHUPLVVLRQRIWKHSXEOLVKHU,I\RXDUHQRWDUHJLVWHUHGPHPEHURI tax purposes, member dues paid to CCTA are deductible as a business expense. &&7$DQGZRXOGOLNHDVXEVFULSWLRQSOHDVHVHQG ZLWKLQWKH8QLWHG6WDWHV 6LQJOHLVVXHSULFHLV 7KHYLHZVDQGRSLQLRQVDQGLQIRUPDWLRQVRXUFHFRQWDLQHGKHUHLQDUHWKRVHRIWKHDXWKRU V DQGGRQRW However, CCTA estimates that 8.04% of all dues paid to CCTA are utilized QHFHVVDULO\UHÀHFWWKHYLHZVDQGRSLQLRQVRI&710DJD]LQHV&&7$GRHVQRWHQGRUVHRULQGHSHQGHQWO\ for nondeductible lobbying expenditures. All members are advised that this HYDOXDWHRUYHULI\WKHDFFXUDF\UHOLDELOLW\RUWLPHOLQHVVRIDQ\FRQWHQWSURGXFWRURWKHULQIRUPDWLRQ percentage of dues paid to CCTA in Tax Year 2013 are nondeductible for income FRQWDLQHGLQWKLVSXEOLFDWLRQ&&7$LVQRWUHVSRQVLEOHDQGZLOOKDYHQROLDELOLW\IRUDQ\UHOLDQFHE\WKH tax purposes. Consult your tax advisor. UHDGHURQVXFKLQIRUPDWLRQDQGXQGHUQRFLUFXPVWDQFHVGRHVDQ\VXFKLQIRUPDWLRQFRQVWLWXWHWKHDGYLFH RIRUDUHFRPPHQGDWLRQE\&&7$WRWDNHDSDUWLFXODUFRXUVHRIDFWLRQRULQDFWLRQ6RPH6WRFN,PDJHE\ F 0F&ODWFK\7ULEXQH,QIRUPDWLRQ6HUYLFHV

Volume - 73 Number - 5 “Strength in Numbers” 43 TRUCKING DOCUMENTS & SUPPLIES Members Non-Mem. THE ASSOCIATION AND ITS zMagazine Subscription 1-year FREE $48.00 CTN Magazine with Annual Dues BUSINESS UNITS OFFER SECURED CREDIT CARD ON FILE zFreight Bill-of-Lading Books 50 pg. /5 - Part Form each book 5.80 7.75 :HDUHH[FLWHGWRDQQRXQFHWKDW&&7$ AADT & AAA&C will be able to keep your case of 20 books 105.00 140.00 VHFXUHGFUHGLWFDUGLQIRUPDWLRQRQ¿OH z Daily Driver Vehicle Inspection Report %\NHHSLQJ\RXUFUHGLWFDUGRQ¿OH\RXU (DVIR) Booklet each book 3.10 4.70 monthly or yearly bills will be easy to process, 50 pg. /2 - Part Form case of 56 books 160.00 235.00 saving you time and effort. All reoccurring or outstanding balances on your account due z Transportation Contracts & Agreements 10.00 N/A will be billed on the 15th of the month and you Letter Size - 21 pages, 7 documents will be mailed a copy of the receipt. - Agreement for Transportation Services To sign up for this service, please visit our websites (CalConTrk. - Supplemental Agreement - General Agreement for Services RUJ RU$$'UXJ7HVWLQJFRP GRZQORDG WKH IRUP ¿OO LW RXW VLJQ DQG - Truck Haul Quotation UHWXUQLWWRRXURI¿FH - Truck Transportation Agreement - Trailer Rental Agreement If you need more detailed information about this new service, call - Drug & Alcohol (CSAT) Agreement Guidance RXURI¿FHV&&7$$$$ &  RU$$'7   z Copy of Uniform Business License Tax Code FREE 2.00 z Driver Daily Log Book 2.00 3.00 z Federal Motor Carrier Safety Reg. Large Ed. 11.50 13.50 ,GHDOIRU22 )OHHW2ZQHUV0DQDJHPHQW z Driver Pocket Handbook ,GHDOIRU(PSOR\HH'ULYHUV 5.00 6.50 z Preventive Maintenance & Safety Kit 12.00 18.00 NEW - Updated Information zAnnual Maintenance Folder - ,GHDOIRU'9,5 2.50 3.50 zGuide to Effective Use of Mechanics' 10.00 20.00 Lien Law in Transportation For 20-day Preliminary Notice, Stop & Release Forms. *RWR%XLOGLQJ,QGXVWU\&UHGLW$VVRF %,&$ DWbicanet.com z Dump Truck Axle 101 Booklet 3.00 5.00 ,QWURGXFWLRQWR8QGHUVWDQGLQJ&$/DZVRI:HLJKW DQG:KHHOEDVH/HQJWKVLQWKH'XPS7UXFN,QGXVWU\ z Unattended Transfer Trailer Decals 10.00 20.00 NEW Parking Exemption Kit w/Sticker z CCTA Logo - 4”x4” Sticker FREE N/A REFLECTIVE TRAILER TAPE KITS

3M PRODUCTS Members Non-Mem. 1K3 Kit - For Semis & Double $70.00 $95.00 2K4 Kit - For Transfers 60.00 85.00 150’ Roll 120.00 150.00 100 Strip Pack 120.00 150.00 z All Kits come with 4 - 2” x 12” white strips for the top corners of rear trailer. THOMAS GUIDE MAP BOOKS - NON-ZONED z All Kits come with 1 strip 2” x 90” and 1 strip 1.5” x 90” for rear rails of gate. z All Kits come with application instructions and squeegee. CCTA Non- 1 Member Member z K3.LWFRPHVZLWK´[´UHGZKLWHUHÀHFWLYHVWULSV Southern California 2 z K4.LWFRPHVZLWK´[´UHGZKLWHUHÀHFWLYHVWULSV Los Angeles/Orange ...... 26.95 34.95 $FFRUGLQJWR&9&QRWDOOWUDLOHUVRUVHPLWUDLOHUDUHUHTXLUHGWRKDYHUHÀHFWLYHVWLFNHUV See further details at www.CalConTrk.org/industry/faq. San Bernardino/Riverside ...... 24.95 32.95 &RSLHVRIWKH6XPPDU\RIWKH1+76$UXOHPDNLQJIRUWUDLOHUFRQVSLFXLW\PDUNLQJDUHDOVRDYDLODEOH San Diego County...... 22.95 26.95 6DQ-RDTXLQ9DOOH\%DNHUV¿HOGWR/RGL ...... 14.95 15.95 Northern California PLACE ORDERS THROUGH MAIN OFFICE &DOO2I¿FH (909) 982-9898 THOMAS GUIDE MAP BOOKS - ZONED View our catalog online at www.CalConTrk.org/shop Los Angeles/Orange Co.’s ...... 110.00 125.00 All prices are subject to change and subject to sales tax San Bernardino/Riverside Co.’s...... 105.00 120.00 and freight. Materials are shipped via UPS. San Diego County ...... 105.00 120.00

44 May 2014 On the web at CalConTrk.org California Construction Trucking Association :KHQSD\LQJ0HPEHU'XHVRI\RXUGXHVZLOOEHXWLOL]HGWRFRYHUWKHDQQXDOVXEVFULSWLRQFRVWVRIWKHDVVRFLDWLRQ¶V &DOLIRUQLD7UDQVSRUWDWLRQ1HZVPDJD]LQH%\VLJQLQJWKLV0HPEHUVKLS,QYHVWPHQW$SSOLFDWLRQ\RXDUHDJUHHLQJWRWKHVHYROXQWDU\VXEVFULSWLRQWHUPV Read carefully and complete all questions (type or print). Please include correct payment with this application.

CA: US DOT: Group Joining: † CCTA † WTA 7KUHH FKDSWHUV 6) %D\ 6DQ 'LHJR DQG 6DQWD 5RVD UHTXLUHDQDGGLWLRQDOSHUPRQWKIRUFKDSWHU † Corporation † Sole Proprietor † Partnership † Other &RUSRUDFLyQ3URSLHWDULR8QLFR $VRFLDFLyQ ______IXQFWLRQV,I\RXGRQRWZDQWWRSDUWLFLSDWH\RXFDQ EHDVVLJQHGWRDGLIIHUHQWFKDSWHU Company Name/Nombre de Compania REMEMBER

0HPEHUVKLS'XHV Address/Domicilio Trucks/ Trlr Scheduled Dues Pumps Semi-Ann. *Annual City/Ciudad State/Estado Zip/Código County/Condado 1 ...... 3 ...... $186.00 ...... $341.00

2 ...... 6 ...... $201.00 ...... $368.50 Phone/Telefono Cell/Celular Fax 3 ...... 9 ...... $216.00 ...... $396.00 4 ...... 12 ...... $231.00 ...... $423.50 e-mail/Correo Electrónico Sponsor’s Name/Nombre de Patrocinador 5 ...... 15 ...... $246.00 ...... $451.00 6 ...... 18 ...... $261.00 ...... $478.50 EQUIPMENT INFORMATION (Online Directory) 7 ...... 21 ...... $276.00 ...... $506.00 TRUCKING EQUIPMENT: Qty: HEAVY-HAUL EQUIPMENT: Qty: 8 ...... 24 ...... $291.00 ...... $533.50 †2XD - $[OH'XPS ...... ______†3XTHD -$[OH7UDFWRU+' ...... ______9 ...... 27 ...... $306.00 ...... $561.00 †3XD - $[OH'XPS ...... ______LOW BED †4XDP - $[OHZ3XVKHU ...... ______†LB5X -7RQD[OH ...... ______10+ ...... 30+ ...... $321.00 ...... $588.50 †4XDT - $[OHZ7DJ ...... ______†LB7X -7RQD[OH ...... ______1RQ$VVHW%DVHG †4XDTA - $[OHZ7UDLOLQJ$UP...... ______†LB89X -7RQD[OH ...... ______†2XT - 7ZR$[OH7UDFWRU ...... ______7UXFN%URNHU'XHV OFF-ROAD EQUIPMENT: †3XT - 7KUHH$[OH7UDFWRU ...... ______†BKH - Backhoe ...... ______Annual - $500 †DBD - Double Bottom Dump ...... ______†BLD - Blades (Motor Grader) ...... ______†BD - Semi-Bottom Dump ...... ______5HWLUHG'XHV †DOZ - Dozer ...... ______†TRN - Transfer ...... ______Semi-Annual - $60 †EXC -([FDYDWRU ...... ______†HED - Highside End Dump ...... ______Annual - $110 †SKL - Skip Loader ...... ______†LED - Lowside End Dump ...... ______†LOA - Loader - Wheel/Track ...... ______†P - Pup Trailer ...... ______TO JOIN: Fill out the adjacent †RTD - RT Dozer ...... ______†FTB - Flat Bed ...... ______membership application, mail, †SCR - Scraper ...... ______VFDQRUID[ZLWKFRUUHFWSD\PHQW †WTR - Water Truck ...... ______OTHER TYPE OF EQUIPMENT: or credit card information to: CONCRETE PUMPING EQUIPMENT: †SWP - Street Sweeper ...... ______†BP1724 - Boom Pumps 17 - 24M ...... ______†CR - Crushing/Screening Equip...... ______CCTA †BP2834 -%RRP3XPSV0...... ______†CS - Conveyor/Stacker ...... ______†BP3642 - Boom Pumps 36 - 42M ...... ______334 N. Euclid Ave. †FL - Forklift ...... ______8SODQG&$ †BP4452 - Boom Pumps 44 - 52M ...... ______†BP55 - Boom Pumps 55M - + ...... ______OTHER VOCATIONAL EQUIPMENT: (909) 982-9898 †CTMP - Truck Mounted Pumps ...... ______†OT - Other ...... ______†CTP - Trailer Pumps ...... ______)D[   CCTA DISCOUNT PROGRAMS NO. MEMBERSHIP SERVICES DIRECTOR YES NO OTHER BETTY PLOWMAN Are You A Broker? ...... † † Bond No. ______    Drug & Alcohol Testing (AADT) ...... † † † 2WKHUBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBBB SO. MEMBERSHIP SERVICES DIRECTOR Workers Comp’ (State Fund) ...... † † † Group No. ______RUDY NAVARRETE   Please fill out group transfer form (909) 329-5673 PrePass ...... † † If, Yes with Who? ______Sprint (Corporate Account Only) ...... † † 6SULQW1XPEHUBBBBBBBBBBBBBBBBBBBBBBBBBBBBB WESTERN TRUCKING ALLIANCE &   INTERSTATE CONFERENCE T-Mobile (Individual Account) ...... † † &DOO2I¿FHRUJRRQOLQHWRDFFHVVRXW70RELOHSRUWDO JOE RAJKOVACZ   PAYMENT TYPE PAYMENT SCHEDULE WATER TRUCK CONFERENCE ANNUAL/Anualmente SEMI-ANNUAL Total Amount: BBBBBBBBBBBBBBBB'XH DAN UGALDE JR. † † 6HH0HPEHUVKLS'XHV&KDUWRQ/HIW If paying by credit card you are agreeing to this amount  

CA. CONCRETE PUMPERS ALLIANCE † Check (Payable to CCTA) † MasterCard † Visa † American Express † Discover HANK DE CARBONEL   Card No./No. de Tarjeta: Sec. Code/Código de seguridad: Exp. Date/Expira: WWW.CAPUMPERS.ORG

HEAVY-HAUL CONFERENCE Signature/Firma: Date/Fecha: GREG DINEEN (760) 249-4376 WWW.GREGDINEEN.ORG