NORTH CAROLINA TRUCKING ASSOCIATION MAINTENANCE COUNCIL

MAINTENANCE COUNCIL ANNUAL SEMINAR AND CONVENTION: OCT 1-3

THE ANNUAL SEMINAR AND CONVENTION FOR THE NORTH CAROLINA

TRUCKING ASSOCIATION MAINTENANCE COUNCIL WILL BE HELD AT

THE BLOCKADE RUNNER RESORT IN WRIGHTSVILLE BEACH, NORTH

CAROLINA. PEASE REGISTER EARLY TO RESERVE YOUR ROOM! DETAILS

ARE CONTINUED ON THE NEXT FEW PAGES. HOPE TO SEE YOU THERE!

August

2010

SUBMITTED BY VIC LAMMI

NCTA Maintenance Council Fleet Talk Seminar

Submitted by Vic Lammi

Triad chapter August meeting recap

Triad meeting was held on

August 9,2010 at Forsyth

Technical Community College

Host: Stemco

The demonstration was

presented by Pete Andrews.

Topic of discussion was on

correct bearing adjustment for

standard spindle nuts.

The 50/50 drawing was won

by Allen Doub of Forsyth Tech

(Submitted by Amanda Trail)

PETE ANDREWS

Everyone enjoyed the

presentation

CAPE FEAR CHAPTER AT COVINGTON IN AUGUST August meeting was hosted by Covington Power Services and held at their service shop in Wilmington.

Over 20 were in attendance and word about the Cape Fear Chapter is growing.

The topic was HVAC PM presented by Robb Morrison from Red Dot. Robb explained basic PM techniques and pointed out some indicators that can help prevent an HVAC system shutdown.

Covington Power Services provided quite a feast catered from Smithfield Chicken n BBQ.

Anyone wanting information about HVAC PM’s can contact Andy at

Covington Power Services (910) 392-7720. (Submitted by Mike Sears)

The U.S. Department of Transportation announced that 109 commercial bus and truck drivers

were removed from the roads and more than 175 carriers face enforcement actions as a result

of the Federal Motor Carrier Safety Administration‟s annual drug and alcohol strike force

sweep that occurred from June 21 through July 2.

“If you are a commercial driver or carrier operating in violation of federal drug and alcohol

laws, we will remove you from our roadways,” U.S. Transportation Secretary Ray LaHood

says. “Parents deserve to know their children are being driven by bus drivers who are drug-

and alcohol-free, and every motorist deserves to feel confident that the drivers of large trucks

and buses are safe and sober.”

During the two-week sweep, FMCSA strike force investigators examined the drug and alcohol

safety records of commercial drivers employed by bus and truck companies, including school

bus drivers, interstate passenger carriers, hazardous material transporters and general freight

long-haul trucking companies. Their goals were to identify motor carriers in violation of

federal drug and alcohol testing requirements and to remove from the road commercial truck

and bus drivers who jump from carrier to carrier to evade federal drug and alcohol testing and

reporting requirements.

“FMCSA is committed to ensuring that only safe commercial drivers and carriers are allowed

to operate,” says FMCSA Administrator Anne S. Ferro. “Our annual drug and alcohol strike

force is just one of the ways we weed out those „bad actors‟ and make our roads safer for

everyone.”

The 109 commercial drivers identified in the sweep face the prospect of a monetary fine and

being barred from operating a commercial motor vehicle for failing to adhere to federal drug

and alcohol regulations. Additionally, 175 commercial carriers face pending enforcement

actions for violations, such as using a driver who has tested positive for illegal drugs and for

not instituting a drug and alcohol testing program. Both drivers and carriers will have an

opportunity to contest the alleged violations and the amount of the civil penalties.

(Submitted by Steve Blackman, originally published in CCJ)

Charlotte Chapter Meeting Report for August 2010

The August meeting of the Charlotte Chapter of the NCTA Maintenance Council

was held on August 10 at Stone Truck Parts in Charlotte.

Dick Caudle chaired the meeting and asked the membership to submit nominations for At Large Chair, Vice Chair and Secretary in anticipation of September

election.

For our program, Oscar Joyner and

personnel from showcased the NTN

(Bower) Bearing Mobile Training Unit

and presented a program on wheel

end bearing maintenance and

installation.

The NTN Mobile Training Unit is an

RV equipped with AV and training

equipment that is used to provide on

site training for NTN customers and

distributors.

Thanks to Stone Truck Parts and NTN Bearing for an

outstanding program.

THE LAWYER’S CORNER

ADMISSIBILITY OF GUILTY PLEAS

James W. Bryan

Nexsen Pruet P.L.L.C.

336-373-1600

jbryan@nexsenpruet.com

www.nexsenpruet.com

In truck accident litigation, you may wonder about the impact of a guilty plea by the truck driver for a criminal charge on the outcome of the accident litigation. A common scenario is where the truck driver is charged with a traffic offense – such as following too closely, unsafe movement, speeding, or careless and reckless driving – and then decides to pay off the ticket without appearing in court, even though he or she disputes the charges. Meanwhile, the injured party in the accident sues the driver and the motor carrier who owns the tractor trailer involved in the accident. The driver and motor carrier feel they have good defenses in the lawsuit – such as negligence of the driver of a third vehicle in the accident, sudden emergency created by unforeseen circumstances, or the lane change was proper. Unfortunately, paying off the ticket

puts the defense of the lawsuit in very difficult spot because it essentially is an admission of civil liability.

It is well settled in North Carolina that a guilty plea to a criminal charge is usually admissible in a civil lawsuit. Evidence of a defendant's guilty plea in a criminal prosecution for the very acts which constitute the basis of the liability sought to be established in a civil suit is generally admissible to prove the civil liability of the defendant. Thus, if the truck driver paid off the ticket for, let’s say, an unsafe movement, the injured person may use that “guilty plea” in the civil lawsuit for money damages to prove that the truck driver and motor carrier negligently caused the accident and injuries. If the truck driver has a good explanation for why he paid off the ticket and still disputes the criminal charge, the jury can hear the explanation but the chances are not good that it alone will sway the jury. Of course, the plea of guilty may not be used for any purpose in the civil case when it is determined that the plea was not knowingly and understandingly entered, or when the plea was entered at a time when the defendant was denied his right to counsel. But these exceptions do not

happen very often.

If the driver wants to be rid of the ticket without hurting the defenses in the civil lawsuit, the driver may enter a plea of “no contest”, instead of a guilty plea. Generally a plea of “no contest” may not be used against the defendant in a civil case. A plea of “no contest” to criminal charges is not an admission of guilt and may not be used as one in the civil case.

The defendant by his plea of “no contest” did not admit he had committed the crime.

Truck accident litigation usually does not fare well for the truck driver and motor carrier if the driver paid off the ticket for the traffic offense arising out of the accident (i.e. pled guilty). The chances for the defense improve with a plea of

“no contest” by the driver. Having no ticket to contend with is an even better starting point.

James W. Bryan is a member of the law firm Nexsen Pruet, P.L.L.C. in its Greensboro, North Carolina office. He focuses his practice on civil litigation, including truck accident defense, cargo loss claims and regulatory compliance for motor

carriers. Mr. Bryan is a member of the North Carolina Trucking Association.

(Submitted by Jim Bryan)

TMC Fall Meeting Scheduled for Raleigh

Convention Center, September 20-23, 2010

The Technology and Maintenance Council is a diverse group of industry

professionals who work to improve truck equipment and technology.

The purpose of the Technology & Maintenance Council is to improve transport equipment, its maintenance and maintenance management. The Council develops Recommended Engineering and Maintenance Practices that are voluntarily

adopted by fleets, OEMs and component suppliers. The Council also conducts industry surveys and promotes the voluntary cooperation among designers and manufacturers of transport equipment and those who specify, purchase, and

manage such equipment.

The Fall 2010 meeting of TMC will be at the Raleigh Convention Center, September 20-23, 2010. In addition to meetings and study group sessions, the fall meeting is the venue for SuperTech 2010 the National Technician Skills Competition

sponsored by the Professional Technician Development Committee of TMC.

In his remarks at the NCTA Maintenance Council 2010 Boss’ Outing on April 22, Oren Summer, President of FleetNet, Inc. and Past Chairman of TMC discussed TMC programs and activities and encouraged NCTA Members to participate and to

take advantage of the 2010 Fall meeting in Raleigh.

To help NCTA Mainteannce Council members learn about TMC and participate in

the fall meeting, Oren offered a special discount on fees for the fall TMC meeting.

For more information, contact Vic Lammi at 704-483-9428

(Submitted by Vic Lammi)

NORTH CAROLINA TRUCKING ASSOCIATION

SAFETY COUNCIL DOWN EAST CHAPTER

WHEN: September 2, 2010 @ 5:00 PM

Thursday

WHERE: BILL ELLIS BARBQUE

WILSON, NC

GUEST SPEAKER

Don Breault

Paul Tamer

“What an Insurance carrier looks for in a trucking company"

Please RSVP by August 31st 2010 to:

Deborah @ 252-972-4373 or Robert @ 252 937-6366

Deborah Clack – Chairman

Robert Bone – Vice Chairman

Howell Barr- Secretary and Treasurer

(Submitted by Rick Cates)

Bring a Guest

Triad Chapter meeting will be held at Diesel Equipment on 13th of September.

Martin Boyd and Dillon Latour with BU Drive will be our speakers .We will be talking about Late Model engines with New Technology on Turbo Chargers.

The September meeting of the Charlotte Chapter of the NCTA Maintenance Council will be on

Tuesday, September 14 at 6:00 PM.

This month‟s meeting will be in the Auditorium of the Belk Justice Center at Central Piedmont Community College

North Campus, 11930 Verhoeff Drive in Huntersville (Take I-77 to Exit 23, go east to Statesville Road and turn right

on Statesville Road/Highway 21. Go approximately 2 miles and turn left on Verhoeff Road . Entrance to the campus is

approximately 1/2 mile on right. Phone number is 704-330-4100).

For our September program, Danny Ritter, Technical Services Manager for Mitsubishi Electric Heavy Duty Group

will conduct an “Electrical Power Train Clinic” and demonstrate best practices for maintaining and trouble shooting

electrical systems.

Manufacturers report many starters that are replaced actually operate correctly and do not really solve the problem. This

presentation will provide information that will help you save time, reduce repair expense and keep your trucks on the

road..

Supper will be served at 6:00 PM with meeting to follow. Please RSVP by phone to 704-483-9428 or e-mail to

vflammi@aol.com.

The next meeting for the Eastern Chapter of the NCTA Maintenance Council will be held on

Thursday, September 9. We will meet at Wake Technical Community College in Auto/Diesel Building and will begin at 6:00pm. Maynard Harding with Covington Power Services and Steve Justice with Allison Transmission will be making the presentation on Allison Hybrid products. To plan for our meal please respond to this e-mail or call (919)631-0243 to confirm your attendance no later than September 7. Please help get the word out to any one you think may have an interest in this topic and remember we will meet at 6:00pm instead of our normal 7:00pm. Thank you, Billy Phillips, Chairperson NCTA Maintenance Council Eastern Chapter

The date for next meeting of the CAPE FEAR CHAPTER is set: Thursday September 23rd

The topic will be Roadside Truck Inspections, CSA 2010, and how drivers and companies will be affected. We are finalizing location and time. Will send it out asap.

ATTENTION:

JOE SECREST, DEPT CHAIR OF FORSYTH TECH IS LOOKING FOR A BELL

HOUSING FOR A 3126 CAT ENGINE. IF YOU CAN HELP HIM OUT,

PLEASE CALL 336-734-7286. THIS WILL HELP HIS CLASS AND WOULD

BE GREATLY APPRECIATED!

Calling all truck drivers! Mark your calendar for Saturday, September 18, 2010

and plan to join us for the World’s Largest Truck Convoy. On this day, more than

2,000 drivers throughout the US and Canada will hit the roads in support of

Special Olympics athletes. Here in NC we want to have the biggest and best

Convoys of all. Join us in Raleigh or in Charlotte, and make your miles count for

children and adults with intellectual disabilities. The Convoy route in both cities is

approximately 28 miles, and we will start and end at the location listed below for

each city. Stick around after the drive for the Convoy festival, which includes lunch

for all drivers, raffles, prizes, awards, and the chance to meet Special Olympics

athletes.

What: World’s Largest Truck Convoy

When: Saturday, September 18, 2010

Where: Raleigh – Time Warner Cable Music Pavilion at Walnut Creek

Charlotte – Verizon Amphitheatre

Why: Go the distance for Special Olympics and help make dreams come true!

How: Learn more and sign up at www.nctruckconvoy.com, or call Dot Kohlbach at

919-719-7662, x119

Interested in being the Lead Truck of the Truck Convoy? Go to

www.firstgiving.com/sonc, select the Truck Convoy event, create a web page and

ask friends, family, and vendors to join you in supporting Special Olympics! Be a

leader among fellow drivers and make a difference for Special Olympics athletes.

See you at the Convoy!

September 2010

Sun Mon Tue Wed Thu Fri Sat

1 2

NCTA DOWN

EAST SAFETY

COUNCIL

MEETING

3 4

5 6 7 8 9

EASTERN

CHAPTER

MEETING

10 11

12 13

TRIAD

CHAPTER

MEETING

14

CHARLOTTE

CHAPTER

MEETING

15 16

17 18

SPECIAL

OLYMPICS

TRUCK

CONVOY

19 20

FALL TMC

CONVENTION

RALEIGH

21

FALL TMC

CONVENTION

RALEIGH

22

FALL TMC

CONVENT.

RALEIGH

23

CAPE FEAR

CHAPTER

MEETING

24 25

26 27 28 29 30

TMC CONVENTION