The Official Newsletter of
Louisiana's Trucking Industry
July 1, 2022
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DREAM VACATION RAFFLE
Saturday, July 23 we will draw for our Dream Vacation Raffle - presented by TruckPAC, the political action committee of the LMTA.
Each $100 raffle ticket gives you the chance to win an $8,000 booking voucher to use on the family vacation of your dreams! Possible travel destinations could include Hawaii, New York, Las Vegas, Europe, or anywhere else your family would like to visit!
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2022 LMTA Annual Convention
July 21 - 23 | Pensacola Beach, FL
Truckers, Stronger Together!
Join us in beautiful Pensacola Beach, Fla. at the Hilton Pensacola Beach, July 21-23 for our 2022 Annual Convention. This year's convention will feature keynotes from industry professionals and Louisiana public officials. We will also have dedicated sessions on transportation updates, trucking research, federal and state legislative updates as well as key membership meetings.
In your wealth of free time outside of convention events, enjoy all that the Hilton and Pensacola Beach have to offer, with sugar-white sands and beautiful blue waters. Bring your families, we can’t wait to see you there!
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Convention Schedule
THURSDAY, JULY 21
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5:00 - 6:00 p.m. | Convention Registration
- 6:00 - 8:00 p.m. | Family Welcome Reception
FRIDAY, JULY 22
- 8:00 a.m. - Noon | Convention Registration
- 8:30 - 9:30 a.m. | ATRI: Research & Trends That Shape Trucking
- Presented by ATRI Research Analysis Alex Leslie
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9:30 - 10:15 a.m. | Updates & Movements From Our State's OMV
- Presented by OMV Commissioner Karen St. Germain, Deputy Commissioner Staci Hoyt & Headquarters Administrator Jill Jarreau
- 10:15 - 10:30 a.m. | Bloody Mary Break
- 10:30 - 11:15 a.m. | Trucking, Trial Lawyers & Tort Reform
- Presented by Representative Thomas Pressly (R - District 6)
- 11:15 - 12:30 p.m. | Panel: Women in Louisiana Trucking
- Sen. Heather Cloud, Tiffany Howard, Regina Hambley, Jackie Williams & Sandy Hogan. Moderated by Nataly Madden
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- 6:00 - 7:00 p.m. | Fundraiser for State Senators Cloud, McMath & Reese
- Support the lawmakers who support you at the State Capitol!
- 7:00 - 10:00 p.m. | Hospitality Suite
- Hosted by Roadrunner Towing
SATURDAY, JULY 23
- 8:30 - 9:15 a.m. | Federal Energy Issues that Impact Your Business
- Presented by Senior Executive of Energy, Environmental for ATA Glen Kedzie
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9:15 - 9:45 a.m. | How Federal Dollars, Scales & Weight Section Changes Impact Truckers
- Presented by Major Frank Besson (LSP)
- 9:45 - 11:00 a.m. | Lawmakers Panel: Legislative Session Wrap-up
- Rep. Mark Wright, Rep. Ken Brass, Sen. Patrick McMath, Sen. Mike Resse. Moderated by Doug Williams
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11:00 - 11:15 a.m. | Break
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11:15 - 12:15 p.m. | LMTA Board & Annual Membership Meeting
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12:15 - 12:30 p.m. | TruckPAC Meeting
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- 6:00 - 7:00 p.m. | Cocktail Reception
- 7:00 - 8:00 p.m. | Officer Installation Banquet
- 8:00 - Midnight | Dessert Reception with Live Music & Bar
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On June 29th, the Louisiana Supreme Court rendered a decision in Martin v. Greer Logging, LLC. In that case, for the first time, the Louisiana Supreme Court recognized a cause of action against Motor Carriers for “negligent hiring, training, retention, or supervision” of drivers. This decision opens up a wide range of liability and discovery problems and feeds into the plaintiffs’ bar’s use of the reptile theory.
Please join us Thursday, August 4 at 9:00 am for a webinar, presented by our general counsel, Doug Williams of Breazeale Sachse & Wilson law firm, that will discuss the impact of this decision and steps to be taken to defend against those types of claims.
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LMTA Signs Support Letter for the TSA Security Threat Assessment Application Modernization Act
Earlier this week our partner's at the American Trucking Associations (ATA) shared the attached coalition letter of support with organizations that previously endorsed the TSA Security Threat Assessment Application Modernization Act (H.R. 6571, S. 4298). Today the Louisiana Motor Transport Association (LMTA) added our association's signature, along side the Trucking Association of New York, the Washington Trucking Associations, and the Mississippi Trucking Association.
The Bill Summary and Section-by-Section can be found here.
ATA's Letter of Support can be viewed here.
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LMTA Office Closed Monday, July 4
The LMTA Office will be closed Monday, July 4 to celebrate Independence Day. We hope all of our members enjoy their Fourth of July weekend!
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Louisiana NATMI Certification Course
September 12 -16, 2022 | Baton Rouge, LA
The LMTA Safety Management Council will host a five-day NATMI certification course on September 12 - 16, 2022 at the LMTA office. This course will offer certification for both the Certified Director of Safety (CDS) and the Certified Safety Supervisor (CSS) with the certification exam taking place Friday, September 16 following the course.
DETAILS
WHEN: September. 12-16
WHERE: LMTA Office (4838 Bennington Avenue, Baton Rouge LA)
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LMTA Member Exclusive NO COST Employee Benefits
New benefit plans from LMTA Insurance Management!
We are excited to share our partnership with Mengel Financial Group to bring our members our new benefit plans under LMTA Insurance Management!
Since 2005, Mengel Financial Group has been offering Voluntary Employee Benefits to meet the needs of companies and their employees. Mengel Financial Group is committed to providing our members with the best and most affordable group benefits based on their specific needs. Offering Voluntary Employee Benefits strengthens relationships with your employees and improves retention and recruitment.
All of the benefits are offered at NO COST TO THE EMPLOYER. Mengel Financial Group has partnered with over 20 insurance carriers, which allows us to provide the best and most affordable benefits to satisfy our member's employee’s needs. Many of their benefit offerings are Guaranteed Issue requiring no medical questions or medical exam.
Mengel Financial Group has been saving companies, employees & owner operators money on benefits since 1989, working with the Georgia Motor Transport Association in recent years, providing their members with affordable benefits.
LMTA Insurance Management also has a local benefits specialist in Tiffany VanHazebroeck, located in Mandeville, LA. Tiffany is ready to help our member companies provide their employees with exclusive voluntary benefits!
For more information or inquiries on benefits - please contact Tiffany VanHazebroeck or Ted Mengel whose information is listed in their profiles here.
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TIFFANY VANHAZEBROECK
Benefits Specialist
(678) 977-5175
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TED MENGEL
CEO
(404) 314-6799
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Alabama DOT Restriction HAZMAT Loads On I-59/20 Through Birmingham During The World Games
July 7 - July 17, 2022
From our partners at the Alabama Trucking Association
The Alabama Dept. of Transportation (ALDOT), under a directive from the U.S. Secret Service, will restrict all hazardous material cargo shipments on I-59/20 through Downtown Birmingham during The World Games being held July 7-17, 2022.
The affected portion of I-59/20 is from I-65 to the east of the E. B. Stephens Freeway (US Hwy 31). The closure begins Thursday, July 7, and continues through Sunday, July 17. We are told enforcement will be strict.
The World Games is an 11-day international multi-sport event organized with the support of the International Olympic Committee. An anticipated 3,600 elite athletes from all over the world will compete in 30 of the fastest-growing sports. Event organizers and city officials are expecting more than 500,000 spectators will come through the Birmingham area during the event.
With increased crowds and foot traffic underneath the raised portion of I-59/20, the Secret Service has placed a very high-security level in preparation for the many events and functions that will happen under or near the interstate bridges that rise over the Birmingham Central Business District, which includes Legacy Arena, Protective Stadium, and the Uptown Entertainment District.
ALDOT is already using digital message signs on various interstate routes to alert traffic. Static signs will also be placed in high-traffic areas. Carriers hauling hazmat cargo must use the I-459 to bypass affected areas for pass-through destinations.
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Louisiana Joins Growing List of States Prohibiting Hairstyle Discrimination
FROM OUR PARTNER ANDREW BURNSIDE WITH OGLETREE, DEAKINS, NASH, SMOAK & STEWART, P.C.
On June 21, 2022, Louisiana Governor John Bel Edwards signed into law legislation prohibiting employment discrimination on the basis of hairstyles or textures historically associated with race. The CROWN Act (House Bill No. 1083 / Public Act No. 529) (“CROWN” stands for “Creating a Respectful and Open World for Natural Hair”) amends the definition of intentional discrimination in employment under Louisiana law to include any discriminatory practices with respect to any individual’s “compensation, or terms, conditions, or privileges of employment” because of “natural, protective, or cultural hairstyle.”
The act adds these characteristics as a subset of discrimination based on race or national origin. “Natural, protective, or cultural hairstyle” is defined to include “afros, dreadlocks, twists, locs, braids, cornrow braids, Bantu knots, curls, and hair styled to protect hair texture or for cultural significance.” The CROWN Act is effective August 1, 2022.
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Important Legal Decision Impacting Trucking and Employers
From our Partners at Perkins & Associates, LLC
The Louisiana Supreme Court made a decision in Martin v. Thomas addressing whether an employer is entitled to summary judgment on a direct negligence claim if the employer stipulates that an employee was in the course and scope of employment. The Court rendered its decision on June 29.
Unfortunately, the case was not decided as we hoped. The vote was 9-0, and the Court's opinion was written by Justice Hughes. Justices Crichton and Crain wrote concurring opinions.
Decision Summary:
The Louisiana Supreme Court granted writs in a case raising the issue of the interaction of vicarious liability and direct negligence claims and rejected the holdings of the circuit courts in Martin v. Thomas, No. 2021-C-01490, ___ So. 3d ___ (La. 6/29/20). The Court held that a plaintiff can maintain claims against an employer for vicarious liability and direct negligence (in hiring, supervising, training, retaining, or entrusting) even when an employer stipulates to course and scope of employment.
The Court reasoned that the comparative fault regime established in Civil Code Arts. 2323 and 2324 requires a court to assign an appropriate percentage of fault to each person whose fault caused the harm. The initial assessment is not bypassed by the employer-employee relationship and the imposition of vicarious liability on the employer.
The assessment of fault is to be made first, and then, if the employee was in the course and scope of employment, the employer becomes financially responsible for that fault under respondeat superior. This imposition of financial responsibility does not change the manner of assessing fault.
The Court agreed with the principle that an employer cannot be liable under a direct negligence theory if the employee is not negligent (or otherwise at fault). The Court explained:
If no fault is shown on the part of the employee, the inquiry is ended, because there is not cause-in-fact or legal cause. But if fault is shown on the part of the employee, then the issue of whether there is also fault on the part of the employer remains an open question which must be decided according to the evidence on a case by case basis.
Thus, if the evidence does not support a direct negligence claim against an employer, a court will not give a jury instruction regarding the employer’s negligence. However, an employer does not automatically prevail on summary judgment by stipulating that the employee was in the course and scope of employment.
Analysis:
It seems then that the Louisiana Supreme Court is saying that any information about an employee's hiring, training, and supervision is discoverable and potentially may be presented to a jury for consideration for independent negligence of the employer. I could see where this might apply in a trucking case, but what if the employee is driving a company vehicle; however he/she was trained as a paralegal or salesperson or plumber? What would the hiring, training and supervision of those jobs have anything to do with the cause of the accident.
We have another slippery slope against the industries that move America!
Mark Perkins
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FMSCA ELD UPDATE: Cellular Sunsetting
Carriers are shutting down as soon as June 30
Mobile carriers are shutting down certain networks, which may impact motor carriers if their ELDs rely on the affected networks.
T-Mobile will complete the shutdown of the Sprint LTE network by today, June 30, 2022. T-Mobile will also shut down its 3G UMTS network by tomorrow, July 1, 2022.Any ELD that requires cellular connectivity to perform its functionality will no longer be in compliance with the technical specifications in the ELD rule after the network it relies on is sunset.
When in an area that does not support the Sprint LTE or T-Mobile 3G UMTS networks, the device will register a malfunction. In accordance with 49 CFR 395.34, the carrier has 8 days to get the malfunction resolved, in this case by replacement, unless an extension is granted.
3G Sunset Dates
The announced sunset dates are below.* These are dates for completing the shutdowns. Mobile carriers are planning to retire parts of their networks sooner.
- AT&T 3G: February 22, 2022
- Sprint 3G (T-Mobile): March 31, 2022
- Sprint LTE (T-Mobile): June 30, 2022
- T-Mobile 3G: July 1, 2022
- Verizon 3G: December 31, 2022
Note: Many carriers, such as Cricket, Boost, Straight Talk, and several Lifeline mobile service providers, utilize the AT&T, Verizon, and T-Mobile networks.
*Sunset dates are subject to change. Contact your mobile carrier for up-to-date information.
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National Weather Service Advisories
Tropical Weather Update - 6.28
Here is an update concerning the potential for tropical cyclone development in the northern Gulf of Mexico.
Changes from the previous update:
- The NW gulf disturbance has been given an invest number 95L and its development over the next 2 days has increased to 30% and 5 day development increased to 30%.
Overview:
System one(95L) has a LOW (30%) chance of tropical cyclone development over the next 2 days and a LOW (30%) chance of development in the next 5 days.
- The weak surface low over the northwestern Gulf of Mexico could have some further development as it moves slowly west over the next few days.
Confidence:
There is low confidence in the forecast impacts to the local area. Even if system one(95L) does not become a tropical cyclone, we will continue to see an enhancement of shower/storm coverage through this week.
Impacts:
Regardless of development, system one(95L) could bring a threat of locally heavy rain to the area. Some areas may experience poor drainage and urban flooding.
The attached graphic below highlights the outlook for system one(95L) and other systems:
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Additional Information and Resources:
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Legal Webinar
Supreme Court Decision & Its Impact On Trucking
Aug. 4, 2022 | 9:00 AM
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NATMI Certification Course
Join North America's leading certification and training organization for today's transportation professionals
September 12 - 16, 2022
LMTA Office - Baton Rouge, LA
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LMTA's Management Conference
Featuring: Mongoose Method Litigation Defense Training Pt. 2
Nov. 1 & 2, 2022
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LMTA's Transportation Conference
Hear from industry experts on trucking issues
Jan. 17 & 18, 2022
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TRANSPORT TOPICS:
"President Joe Biden said Americans will have to stomach high gas prices “as long as it takes” to beat back Russian President Vladimir Putin’s invasion of Ukraine.“As long as it takes, so Russia ..." (READ NOW)
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CNBC:
"Oil prices sank around 3% on Thursday as OPEC+ confirmed it would only increase output in August as much as previously announced despite tight global supplies, but left the market wondering about ..." (READ MORE)
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TRANSPORT TOPICS:
"Higher gas taxes will sweep across pumps in several states on July 1 to drive fuel prices even higher. From the West Coast across the Midwest, South and East Coast, fuel prices will jump as new state taxes — mostly to fund transportation projects — take effect:..." (READ NOW)
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OPEN ROAD MAGAZINE
Our first issue of Open Road for 2022 is now available online!
Topics covered in this issue are:
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