Federal Update - 2.1.2013

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A federal appeals court on Friday, January 25, 2013 ruled that President Obama exceeded his constitutional authority with three appointments to the National Labor Relations Board (NLRB) while the Senate was on break last year. This ruling casts doubt on hundreds of decisions the NLRB has made in the past year, ranging from enforcement of collective bargaining agreements to rulings on the rights of workers to use social media.

The ruling also raises questions about the recess appointment of former Ohio attorney general Richard Cordray to head the Consumer Financial Protection Bureau and about the actions taken by the agency during his tenure, including major new rules governing the mortgage industry. Obama named Cordray at the same time as the NLRB nominees, and his appointment is the subject of a separate lawsuit in D.C. federal court.

Options for the Obama administration include appealing to the full D.C. Circuit Court or to the U.S. Supreme Court. APSCU will monitor the Administration’s next move and will report back with the latest information.

CVTA Participated in a FMCSA Listening Session

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On January 7, 2013, the Federal Motor Carrier Safety Administration (FMCSA) held a public listening session to solicit feedback for implementing an Entry-Level Driver Training (ELDT) rule. ELDT requirements would be in addition to requirements to acquire a CDL. FMCSA had proposed a rule in December 2007 which the driver education industry opposes the rule for requiring training institutions be accredited by a Department of Education-certified accrediting agency and for mandating training requirements based upon hours of instruction rather than trainee mastery of the skill taught, among other issues. However, the MAP-21 highway legislation requires FMCSA to promulgate an ELDT rule by October 2013 and FMCSA held this listening session as the first step in doing so.

CVTA would like to thank our "Dream Team" who attended the FMCSA Listening sessions in Charlotte.

  • John Frey, Werner Industries,
    Representing Commercial Vehicle Training Association

  • Mark Greenberg, NETTTS,
    Representing the Commercial Driver Training Foundation

  • Richard Reiser, Werner Industries,
    Representing Werner Industries

  • Chuck Wirth, American Institute of Truck Driving School,
    Representing Accredited Schools

  • Brad Ball, Roadmaster,
    Representing Non-Accredited Schools

Under John Frey's guidance as Chairman of this committee, these CVTA members spent hours on numerous conference calls and personal time crafting the comments submitted. We would also like to recognize Chuck Wirth and Lou Spoonhour for updating our comments from 2007 and producing CVTA comments that ensure all our members are well represented. Other committee members include John Rojas and Cheryl Hanley.
We would also like to acknowledge Boyd Stephenson from ATA for his participation and guidance with this project. We appreciate ATA's support and especially Boyd's assistance on this project.
To watch our "Dream Team" you can click on the link below:

Also if you wish to review the comments submitted please click on the links below:

Member Alert - 1-30-2013

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From: Cathryn Greene
Date: Wed, 30 Jan 2013 12:05:56 -0800
Subject: Another Scam in progress

We received a call today from a guy calling himself David Jenkins, from Marten Transport.  It is the same old scam on the new graduates.  He does not work for Marten Transport nor does Marten Transport hire without at least 1 year OTR experience.

I have spoke with Jill Larson at Marten and she has received other calls today from schools.  Her contact information is:

This email address is being protected from spambots. You need JavaScript enabled to view it.
(800) 395-3000 ext# 2404

Cathy Greene,
Director of Operations & Job Development,
Truck Driving Academy, TDA Educational Systems, Inc.  

Thanks for the Heads up!

Motorcyclist Owes His Life to a TCA Highway Angel

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The Truckload Carriers Association has named Mark Randall of Mesquite, Texas, a professional driver trainer for Werner Enterprises of Omaha, Neb., as its latest Highway Angel. Randall is being recognized for taking preventive measures that ultimately saved a life.

On Oct. 24, 2012, around 1:30 p.m., Randall and a student were headed westbound on I-80/680 in Omaha. With only two miles to go before dropping off a load, Randall was at the wheel. He stayed within the speed limit of 60 mph and made a mental note of the considerable traffic all around him.

To his right and up ahead, Randall noticed a motorcyclist who appeared to be following much too close to the car in front of him. He was also traveling about 60 mph. Randall's safety instincts kicked in, and he began to slow down.

"I always make a big point of being aware of my surroundings when I'm operating these vehicles," said Randall, who was recently recognized by his company for a million miles of accident-free driving and also received Werner's Humanitarian Award for his actions that day. "I pay good attention. In fact, I was just about to make my student aware of the possible hazard ahead when the motorcyclist suddenly accelerated and attempted to pass the car. But he was just too close and hit the rear of that vehicle."

Randall immediately began scanning the lanes for a way to get out of the path of the doomed motorcyclist. Surrounded by traffic, he knew that he could not suddenly switch lanes without putting other vehicles in danger. His only viable option was to stay put and maintain control of the tractor-trailer, which was fully loaded with thousands of pounds of tires.

As if in slow motion, Randall saw the motorcyclist hit the pavement hard and slide directly into his path. He immediately put on his flashers and continued to brake, finally coming to a controlled stop - within 10 feet of the man on the pavement.

The student got out to render aid, while Randall called 911. The motorcyclist had survived and was miraculously okay. Not only had Randall managed to avoid hitting the man, but he is also credited for using his truck to protect the motorcyclist from being run over by the oncoming traffic hurtling toward him at 60 mph.

At the accident scene, the responding state patrol officer made a joke, saying that the motorcyclist had been incredibly lucky that day and should probably continue that luck by purchasing some lottery tickets. Another officer responded, "How does someone crash a motorcycle in four lanes of traffic doing 60 miles per hour and not get killed or run over?"

Feeling triumphant at what had just happened, Randall turned, pointed to his big blue truck, and said, "Because THAT truck stopped, and he was lucky to fall in front of ME!"

For helping the motorcyclist, Randall was presented with a Highway Angel lapel pin, certificate and patch. Werner Enterprises also received a certificate acknowledging that one of its drivers is a Highway Angel.


Schneider's Military Support Recognized by Wisconsin's Governor

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Earlier this month, Schneider National's long history of military support was recognized by both the State of Wisconsin and Wisconsin's Department of Veterans Affairs (WDVA) during a ceremony held at Schneider's Corporate Headquarters in Green Bay, Wis.

The office of Wisconsin Governor Scott Walker honored the truckload carrier with a Certificate of Commendation for "going above and beyond in its mission to hire veterans." In the commendation, Gov. Walker noted Schneider's various programs designed to help people with military backgrounds become truck drivers.

Schneider associate (and former member of the U.S. Marine Corps) Grailing Jones also received a Certificate of Commendation from Walker's office. In his role as the company's small business owner-operator development manager, Jones helps current and former military personnel become small business owners by purchasing their own trucks and hauling freight for Schneider National.

In addition, the WDVA presented Jones with a "Year of the Veteran Award" for his outstanding leadership and exemplary advocacy for veterans and their families. This marked the first time the award was given to an individual instead of an organization.

Attached please find a picture taken after the ceremony in which the three awards were presented by WDVA Secretary John Scocos. Pictured (from left):
Lori Lutey (CFO, Schneider National), Steve Crear (General Manager of Schneider Finance, Schneider National), Grailing Jones (Small Business Owner-Operator Development Manager, Schneider National) and John Scocos (WDVA Secretary).

Anne Ferro Addresses CDL Coordinators Meeting

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The 2013 CDL Coordinators/IT Manger's Meeting took place last week in Houston, TX, and Anne Ferro, FMCSA Administrator, led off the second day with a keynote presentation on FMCSA safety efforts. She thanked the AAMVA community for its safety efforts, noting that jurisdictions meet the challenge of "incorporating an essential safety mission into an exceedingly complex customer service environment."

She said her agency continues to "raise the bar for safety" to identify and disqualify poor drivers from operating commercial vehicles and to take action against operators who do fail to maintain safety standards.

Recent legislation - MAP 21 - provided FMCSA with additional opportunities to improve road safety and makes it possible for the agency to continue to rely on strong collaboration with partners. As a result of MAP 21, the agency will pursue 29 rulemaking activities, research and analysis on a variety of issues, and a number of program improvements.

She touched on the drug and alcohol clearinghouse, employer notification, the Commercial Learners Permit rule, and the agency's military CDL program. "The federal government and states share the same passion to save lives," she said. "FMCSA's vision remains a crash-free environment for commercial vehicles."

J. J. Keller Announces Sponsorship for 2013 Iditarod®

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J. J. Keller Announces Sponsorship for 2013 Iditarod® Dallas Seavey Prepares to Defend Championship

Neenah, WI – Dallas Seavey fans are hoping for another victory in 2013 as he prepares to defend his championship in the 2013 Iditarod Alaskan sled dog race.

James and Rosanne Keller, representing J. J. Keller & Associates, Inc.®, have announced their sponsorship of the J. J. Keller/Dallas Seavey Iditarod Racing Team for the seventh consecutive year.

They will be the exclusive sponsor for 25-year-old Dallas Seavey, and will also sponsor longtime Iditarod musher Mitch Seavey, Dallas Seavey’s father.

To date, 68 mushers have signed up for the 2013 Iditarod, which will begin in Anchorage, Alaska on March 2 and end nine to thirteen days later in Nome.

The 2013 race will be Dallas’ seventh run to the famed Burled Arch. In that time, he has racked up a number of Iditarod records:

    •    2012 - Youngest musher to win the Iditarod — age 25
    •    2011 - Youngest musher to finish the race in a top five position — 4th place, age 24
    •    2010 - Seavey family record finish — 9 days, 10 hours and 4 minutes
    •    2010 - Youngest musher to win the GCI Dorothy Page Halfway Award — age 23
    •    2009 - Youngest musher to finish the race in a top ten position — 6th place, age 22
    •    2005 - Youngest musher to compete in the race — age 18

Since his big win in 2012, Dallas has been busy making celebrity appearances, creating promotional videos, running marathons, co-authoring a book with Mr. Keller, and trying to expand the fan base for the sport of mushing. In true musher style, Dallas also continued to develop his team, and as the 2013 Iditarod inches closer, he continues to spend most of his time getting his team ready for the race.

James J. Keller, President and CEO of J. J. Keller, has been following the team’s training and is in frequent contact with Dallas. “The J. J. Keller/Dallas Seavey Iditarod Racing Team is planning on defending our 2012 Championship. Dallas is in full training mode and is planning on a repeat … and he has the team to do it,” Keller said. “Follow the 2013 Iditarod and see if history can be made again.” James and Rosanne Keller will be in Nome to welcome the mushers across the finish line.
The 2013 race is the 20th Iditarod for Dallas’ father, Mitch Seavey. Mitch has ten top ten finishes and won the 2004 Iditarod.

About the J. J. Keller/Dallas Seavey Iditarod Racing Team
After meeting Dallas Seavey in Seward, AK, in 2006, James and Rosanne Keller created the J. J. Keller Extreme Transportation Solutions sponsorship to celebrate one of the original forms of transportation and to salute trucking professionals who dedicate themselves to transporting needed goods. To learn more about J. J. Keller’s sponsorship of Dallas Seavey, to order the new book “Born to Mush,” to view weekly training videos and photos sent from Dallas, and to follow the 2013 race, go to

About J. J. Keller & Associates, Inc.®
Since our beginning as a one-man consulting firm in 1953, we’ve grown to become the most respected name in safety and regulatory compliance. Now over 1,200 associates strong, we serve over 350,000 customers — including 90% of the Fortune 1000. Our diverse offerings span nearly 1,500 topics and include mobile technology, interactive and online training, online management tools, managed services, advisory services, publications, forms and supplies.
Professionals in transportation, manufacturing, hazardous materials, construction, and human resources rely on our in-house expertise to reduce risk, improve compliance, and follow best practices. For more information, visit

About the Iditarod®
By far Alaska’s best-known sporting event, the Iditarod is a 1,150-mile sled dog race from Anchorage to Nome. Mushers and their sled dogs travel through jagged mountain ranges, frozen rivers, dense forest, desolate tundra and miles of windswept coast … battling below-zero temperatures, high winds, and long hours of darkness and isolation.


For more information, contact:
Mary Borsecnik
Corporate Marketing Communications Specialist
J. J. Keller & Associates, Inc.®
1-800-843-3174, ext. 7050
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