The Official Newsletter of
Louisiana's Trucking Industry
July 8, 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
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Sponsorship Opportunities - Close TODAY!
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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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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
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10:15 - 10:30 a.m. | Bloody Mary Break
- Hosted by Peterbilt of Louisiana
- 10:30 - 11:15 a.m. | Defending the Trucking Industry in Court
- Presented by Representative Thomas Pressly (R - District 6)
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11:15 - 12:30 p.m. | Panel: Women in Louisiana Trucking
- Panel: Sen. Heather Cloud, Tiffany Howard, Regina Hambley, Jackie Williams & Sandy Hogan. Moderated by Nataly Madden
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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
- 9:15 - 9:45 a.m. | How Federal Dollars, Scales & Weight Section Changes Impact Truckers
- Presented by Major Frank Besson (LSP)
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Hosted by Frisard Companies
- 9:45 - 11:00 a.m. | Legislative Session Wrap-up Panel
- Panel: Rep. Mark Wright, Rep. Ken Brass, Sen. Patrick McMath, Sen. Mike Resse. Moderated by Doug Williams
- 11:00 - 11:15 a.m. | Break
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Hosted by Cummins, Inc, PrePass Safety Alliance & Tenstreet
- 11:15 - 12:15 p.m. | LMTA Board & Annual Membership Meeting
- 12:15 - 12:30 p.m. | TruckPAC Meeting
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State Court Decision & The Growth of 'Reptile Theory' Use
Thursday, August 4 | 9:00 am
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.
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Decision on Classifying Owner-Operators & Impact on Trucking
Wednesday, August 17 | 10:00am
The U.S. Supreme Court announced on June 30 it has declined to hear an appeal of a California state law aimed at reclassifying owner-operators as motor carrier employees.
In an order list, the high court without comment denied a petition for review by the California Trucking Association of California’s AB 5 law that CTA has said includes a legal test, known as the three-pronged “ABC test,” that will all but ensure that independent owner-operators will be reclassified as carrier employees.
The denial leaves in place the 9th U.S. Circuit Court of Appeals decision that federal law does not pre-empt application of AB 5 law to owner-operators. Eventually, the case will have to go back to the district court to consider CTA’s “commerce clause” claim.
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LMTA Board of Directors Meeting - Bylaws Changes
Monday, July 11 | 1:00 - 3:00 pm
In-Person & Via Zoom
LMTA President of the Board Karl Mears is calling a meeting of the Board of Directors for July 11 at 1:00 pm to discuss bylaws changes. The final version is to be voted on at the Annual Convention’s member meeting/board meeting per the current bylaws.
From Karl Mears:
"I am requesting a Board of directors meeting on Monday, July 11 at the LMTA office to discuss/change/finalize the bylaws changes so that it should be just a formality to get them passed at annual. Allow our BOD seat holders to hold discussions about the proposed changes and a chance to get any question answered."
ZOOM INFORMATION:
Meeting ID: 861 4522 6695
Passcode: 630840
One tap mobile
+13126266799,,86145226695#,,,,*630840# US (Chicago)
Dial by your location
+1 312 626 6799 US (Chicago)
Meeting ID: 861 4522 6695
Passcode: 630840
MEETING MATERIALS:
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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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FMCSA Extends HOS Waiver for Baby Formula Haulers
Waiver Extended Through July 31
The Federal Motor Carrier Safety Administration on June 30 issued an extension of its waiver from Part 395.3 of the Federal Motor Carrier Safety Regulations (maximum driving time) for drivers and carriers hauling baby formula and baby formula ingredients.
The emergency declaration was first granted on May 18 and was set to expire on June 30, but because a shortage of baby formula still exists, FMCSA extended the waiver through July 31.
The waiver applies to carriers hauling ingredients for the production of baby formula including but not limited to whey, casein, corn syrup and hydrolyzed protein, and containers and packaging for baby formula.
FMCSA says direct assistance does not include routine commercial deliveries, including mixed loads with a nominal quantity of qualifying emergency relief added to obtain the benefits of the waiver.
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National Weather Service Update - No Advisories
Regional Weather Update - 7.7.223
Here is an update from our partners at the New Orleans and Baton Rouge NWS.
Main Takeaways:
- Tropics will remain quiet this week
- Marginal risk of severe storms on Saturday. Damaging winds will be the main concern. The highest threat is in the afternoon hours.
- Risk of heavier rainfall and the potential for localized flooding issues is expected to increase for next week.
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Additional Information and Resources:
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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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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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Legal Webinar
State Court Decision & The Growth of 'Reptile Theory' Use
Aug. 4, 2022 | 9:00 AM
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Legal Webinar
Decision on Classifying Owner-Operators & Impact on Trucking
Aug. 17, 2022 | 10:00 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:
"The U.S. Supreme Court announced on June 30 it has declined to hear an appeal of a California state law aimed at reclassifying owner-operators as motor carrier employees..." (READ NOW)
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THE TRUCKER:
"This year’s Operation Safe Driver Week is scheduled for Saturday, July 10 to Saturday, July 16 and will see law enforcement personnel in Canada, Mexico and the United States fanning out in force on thousands of miles of roadways. According to a news release from the Commercial Motor Vehicle Safety Alliance (CVSA), officers will be issuing warnings ..." (READ MORE)
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FLEET OWNER:
"Diesel dropped 6 cents to $5.726 per gallon amid decreased demand, according to motor club AAA, but summer travel could make that relief short-lived. The price of crude oil went below $100 ..." (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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