march 2016 - south dakota trucking...motor carriers must retain up to eight supporting documents for...

MARCH 2016

Sioux Falls Truck & Trailer, Inc.4500 North Cliff AvenueSioux Falls, SD 57104

Full Truck Equipment & Frame Modification605-332-7112 1-800-657-8081

Black Hills Truck & Trailer, Inc.2910 East Mall Drive Rapid City, SD 57701

605-343-2812 1-888-648-3102

Watertown Truck & Trailer, Inc.3925 9th Avenue SE

Watertown, SD 57201605-886-6940 1-888-266-1444

Lund Truck Parts, Inc.1426 E. 54th Street North

Sioux Falls, SD 57104New & Used Parts

605-575-2140 1-800-456-8861

Custom Truck Equipment1800 East Benson Road

Sioux Falls, SD 57104605-336-1727 1-800-624-0138

605-332-5297

SIOUX FALLS TRAILER SALES, INC.

http://www.wheelco.com

MARCH 2016

MARCH 2016 TRUCKING NEWS ~ Page 1

South Dakota Trucking Association

Chairman’s Message...................................................3

President’s Message....................................................5

Black Hills Log Haulers Seminar Registration Form..........6

From The Desk of Bruce Votroubek...............................7

March Driver of the Month..........................................9

FMCSA Estimates Truck, Bus Safety Roadside Inspections and Traffic Enforcement Activities Saved Nearly 500 Lives in 2012.....................................................11

Under The Dome: Legislative Bill Log Summary............13

Dates To Remember..................................................14

“You Talkin’ To Me?” “Yes, We are Talking To You.” FMCSA’s Rule Prohibits Coercion of Drivers; Up to Drivers to File Complaint...........................................15

Testing Frequency Rate Drops as ATA Makes a Convincing Case.......................................................15

Under The Dome: Legislative Bill Log Summary Continued................................................................17

Condolences............................................................18

Wake Up Call: Sleep Apnea and Safe Driving................19

South Dakota Truck Driving Championships Agenda.......21

Welcome New Members.............................................23

New Member Chart...................................................23

FMCSA: CSA Raw Data Publicly Visible Again................27

Wake Up Call Continued............................................27

FMCSA Estimates Truck, Bus Safety Roadside Inspections and Traffic Enforcement Activities Saved Nearly500 Lives in 2012 Continued......................................29

Board of Directors....................................................32

ANNUAL SUBSCRIPTION RATE: $35

http://www.keizerco.biz

SDTA’S EXECUTIVE COMMITTEEMike Habeck, Chairman of BoardDavid Bultsma, Vice ChairmanRobert Christian, TreasurerJerry Ollerich, SecretaryRick Hoogendoorn, Past ChairmanMyron L. Rau, PresidentMike Habeck, ATA Vice President

SDTA’S BOARD OF DIRECTORSJustin AndersTom BeuzekomLinda BickfordKimberly BonhartLloyd BultsmaBrian ClarkArt DonovanBryan EdenGlade EvensonEric HamielJeff HannahsFrancis HammRandy Hartley Larry KlaahsenJerred KoppmannJody KuperJustin LarsonMatt ParkerRobert PuntWade Stebbins Dave StoterauDan SwensonLyn TschetterJeff WatkinsBob Willey

SDTA’S PAST CHAIRPERSONSStan AndersLarry AndersonRobert Appelwick Ted Bultsma Rich Burns Darrold Dean Bernard FeldhausRick HoogendoornAlton PalmerJeff Parker Gene PhillipsMichelle SchipperRandy ThompsonWayne ViessmanStephen Willers


Greetings! I hope all are well. Great weather continues here in West River. I have had several phone calls this past month with questions regarding electronic logging devices. I thought it might be best to keep my message short and include the following information to answer some of these questions.

I would like to thank Myron for his efforts during the Legislative Session. He did a great job keeping us up to date with his weekly summaries. Please keep an eye the dates to remember.

Remember - “Its’ just another day in paradise.” God Bless and take care!

The ELD final rule requires motor carriers to install FMCSA registered and certified ELDs on their commercial motor vehicles by December 18, 2017.

Carriers who currently use automatic on-board recording devices (AOBRDs) have until Decem-ber 16, 2019, to comply.

Every interstate driver of a commercial motor vehicle who currently uses a driver’s record of duty status (driver’s log) to record his/her hours of service is subject to the ELD requirements.

Compliance is required if a driver operates a vehicle or combination of vehicles that weighs or is rated at 10,001 pounds or more, a vehicle of any size transporting a placardable amount of hazardous materials, and certain passenger carrying vehicles.

Canada- and Mexico-domiciled drivers are required to use ELDs when they are operating in the United States, unless they qualify for one of the ELD exceptions.

The final rule includes exceptions to the ELD requirement for short-haul drivers, drivers in-volved in driveaway-towaway operations, and vehicles manufactured before model year 2000.

Short haul drivers who use the 100 air-mile radius or 150 air-mile radius exceptions are exempt from logs and ELDs, but ELDs are required for drivers who don’ t qualify for those exceptions on more than 8 days within any 30-day period. Drivers involved in driveaway-towaway opera-tions when the vehicle being driven is part of the shipment, and drivers of vehicles that were manufactured before model year 2000 are required to continue using paper records of duty status.

Motor carriers must retain up to eight supporting documents for each 24-hour period that a driver is on duty. Drivers must submit records of duty status and all their supporting documents to the motor carrier no later than 13 days after receiving them.

The following are the five categories of documents FMCSA has identified as supporting docu-ments.

1. Bills of lading, itineraries, schedules, or equivalent documents that show the starting and ending location for each trip;

2. Dispatch records, trip records, or equivalent documents;3. Expense receipts related to on duty / not driving periods (meals, lodging, fuel, etc.);4. Fleet management system communication records; and5. Payroll records, settlement sheets, or equivalent documents showing payment to a

driver.

A supporting document must include each of the following data elements:1. Driver name (or a carrier assigned identification number) on the document or on another

document that allows the carrier to link the first document to the driver. The vehicle unit number may also be used, if that number can be linked to the driver;

2. Date;3. Location (including the name of the nearest city, town, or village); and4. Time.

ELD Clarification

~ MARCH 2016 TRUCKING NEWS

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President’s Message

Myron RauPresident

[email protected]

Well, it appears that the end of this winter is in sight! I realize that in most parts of the state, the winter was not too bad, with moderate temperatures and very little snow. Please believe that was not the case in Sioux Falls. We had horrible weather and a record setting amount of snow. I am definitely ready to see the warming weather and the slow disappearance of the piles of snow.

At the time of this writing, there are 4 days left in the 2016 Legislative Session. It appears that I will again mentally and physi-cally survive the session! I am sure that you are aware there was a 1/2 cent increase to state sales tax, a measure intended to raise teacher pay in South Dakota. Other than that, the SDTA Membership did not lose anything this year. We have no increased regulations; a successful session! The last day of the regular session is March 11th, with a two week recess. They will return for one day on the 29th of this month to consider any Governor vetoes.

This legislature again spent time on social issues and medicaid expansion funding was a hot topic. The expansion of medicaid was not handled due to a problem on the federal level. There is talk of a possible special session in the future, when the federal issues are resolved. I will be talking about the session in greater depth at the Agricultural Commodities & Log Haulers Confer-ence Meeting in June. If you are interested in hearing more details, please plan to be in Pierre on Friday, June 3rd.

As we have done for several years, there will be a contingency of SDTA Members traveling to Washington, DC on May 23, 24 & 25. This is our annual Call on Washington where we take time to meet with American Trucking Associations staff and South Dakota’s Congressional Delegation. We go there to represent South Dakota trucking industry interests. We carry a list of issues to discuss and make sure our message is heard. If you have any input or an issue you think needs to be carried to DC, please contact a member of the SDTA Executive Committee or contact me.

It will certainly be nice to be back in my office in Sioux Falls. The mounds of paper on my desk are getting tall enough that they may tip over and hurt someone. I always look forward to the start of each legislative session, but when it gets close to the end, I am extremely excited for it to end! When I return to my office, it may take some time for the staff to again get used to my pres-ence; a time that they may not be looking forward to.

I certainly hope it will soon be time to put the golf clubs into the car and uncover the Harley Davidson (and of course put on a new coat of wax).

Until next month, stay SAFE and think Spring!

Myron L. Rau, President

mailto:michelle%40southdakotatrucking.com?subject=

mailto:pam%40southdakotatrucking.com?subject=

mailto:jay%40southdakotatrucking.com?subject=

mailto:patty%40southdakotatrucking.com?subject=


Please join us for the

Black Hills Log Haulers SeminarTuesday, April 5th, 2016

Deadwood Mountain Grand Hotel & Casino1906 Deadwood Mountain Drive • Deadwood, South Dakota 57732

9:00 am – 10:00 am Dave Parker, Attorney for Great West Casualty Co., Denver CO

10:00 am – 10:30 am Break

10:30 am – 11:30 am Myron Rau, SDTA President

11:00 am – 12:00 pm Robert Christian

12:00 pm – 1:00 pm Lunch

1:00 pm – 2:00 pm Captain John Broers, SD Highway Patrol, Motor Carrier Services

2:00 pm – 2:30 pm Break

2:30 pm – 4:30 pm Certified First Aid Training

4:30 pm – 5:00 pm Mike Habeck , SDTA Chairman and SD ATA Vice President

5:00 pm – 6:00 pm Happy Hour

6:00 pm Dinner

PO Box 316 Spearfish, SD 57783

Registration Fee: Members $65 (per person) Non-members $80 (per person)Anyone who pays their dues on or before March 29th registration fee is $65.

Registration includes lunch and dinner.Please register by filling out the registration form and mailing it to the Black Hills Log Haulers Association by March 29th.

Everyone is invited to register and attend. Check-in will be in the hotel lobby.

Tentative Agenda

Please join us for the

BLACK HILLS LOG HAULERS SEMINARTuesday, April 5th, 2016

Deadwood Mountain Grand Hotel & Casino1906 Deadwood Mountain Drive • Deadwood, South Dakota 57732

TENTATIVE AGENDA

9:00 am - 10:00 am Dave Parker, Attorney for Great West Casualty Co., Denver, CO

10:00 am - 10:15 am Break

10:15a m - 11:00 am Myron Rau, SDTA President

11:00 am - 11:30 pm Robert Christian

11:30 am - 12:00 pm Steve Hinds, Cenex

12:00 pm - 1:00 pm Lunch

1:00 pm - 2:00 pm Captain John Broers, SD Highway Patrol, Motor Carrier Services

2:00 pm - 2:30 pm Break

2:30 pm - 4:30 pm Certified First Aid Training

4:30 pm - 5:00 pm Mike Habeck, SDTA Chairman and SD ATA Vice President

5:00 pm - 6:00 pm Happy Hour

6:00 pm Dinner

REGISTRATION FEE:

Members $65 (per person) Non-members $80 (per person)

Anyone who pays their dues on or before March 29th registration fee is $65.

Registration includes lunch and dinner.

Please register by filling out the registration form and mailing it to the Black Hills Log Haulers Association by March 29th.

Everyone is invited to register and attend. Check-in will be in the hotel lobby.

PO Box 316Spearfish, SD 57783


Black Hills log Haulers seminar registration Form9:00 a.m. • Tuesday, April 5th, 2016 • Deadwood Mountain Grand Hotel & Casino

1906 Deadwood Mountain Drive • Deadwood, South Dakota 57732

registration Fee: Members $65 (per person) Non-members $80 (per person)Anyone who pays their dues on or before March 29th registration fee is $65. Registration includes lunch and dinner.

Company Name: ________________________________________________________________________Attendee(s): ____________________________________________________________________________Address: _______________________________________________________________________________City: _______________________________________________ State: _______ Zip Code: ____________

Remit to: Black Hills Log Haulers Association POBox316•Spearfish,SD57783

Greetings from the Black Hills! Robert asked me to fill in for him this month for the newsletter as he was unexpectedly called away on a family matter.

I have been out of the loop a little for the last three months due to an accident on the job. But I will address a few points of interest.

By the time you read this we will probably be into the spring breakup. This year it is more due to sawmill inventory and maintenance than ground conditions. lt is my understanding that the hauling will cease on approximately March 11th and resume around June 1st. The Spearfish mill is going to install a new edger and roof on that building. This will take about a month to complete.

A reminder to everyone of the BHLA seminar on April 5 at the Deadwood Mountain Grand. Please register by March 29th so we know how many to plan for.

I hope you plan on attending as there is a great program this year. Also a reminder to you that annual dues are now due. Hopefully you have already received, completed, and returned your individual survey results by now.

On a personal note I would like to thank everyone both in and out of the logging community for your concern and get-well wishes after my accident. A special thanks to everyone that was involved in the benefit raffle including the organizers, donors, ticket sell-ers and the ticket purchasers. I am greatly humbled and grateful to you all.

See you all,

Bruce Votroubek, Vice PresidentBlack Hills Log Haulers Association

THERMO KING of SIOUX FALLS, INC.

Phone Office: (605) 334-5162

Website www.thermokingsf.com

THERMO KING of SIOUX FALLS, Inc.

Location 1709 N. Cliff Ave Sioux Falls, SD 57103 Hours On Call 24/7 Monday – Friday: 7:00am to 12:00am Saturday: 8:00am to 12:00pm Closed Sunday

Now with a 2000 hour maintenance interval

TRIPAC EVOLUTION

Thermo King’s next-generation APU puts a premium on efficiency and user productivity.

Easier access to components and the longest maintenance interval in the industry help keep costs down.

The operational savings are real.

Tim KotalikSales Representative

4400 S. Lewis Blvd.P.O. Box 6300Sioux City, IA 51106-6300Toll Free 800-798-2002Fax 712-252-6510Mobile 712-490-7414Home 605-665-4558

www.wilsontrailer.com • e-mail: [email protected]: 800-728-5334 • Service: 800-397-5331

As a sponsor of the Driver of the Month program Workforce awards each driver with a $25 gift card and one FREE DOT Physical.

Brian Cusson, FedEx Freight, Rapid City, SD, has been selected as the March 2016 Driver of the Month by the South Dakota Safety Management Council.

Mr. Cusson has logged over 2.5 million miles in his 27+ years as a professional truck driver. The last 8+ years have

been spent driving for FedEx Freight.

Brian has been participating in the South Dakota Truck Driving Championships since 2010, when he was named Rookie of the Year. He has finished first in his class five times since his first competition, leading him to compete at National TDC’s five times.

Brian has been actively involved with the Rapid City South Dakota Chapter of the World’s Largest Convoy for Special Olympics in Rapid City. He exemplifies safe driving every time he gets behind the wheel.

Brian is one of the Captains of the newly created South Dakota Road Team. As a Captain of the South Dakota Road Team he will be speaking throughout the state promoting safety.

Brian and his wife Deb are the parents of three adult children, Spencer 21 and Conner and Gavin, both 19. They reside in Rapid City, SD.

SDTA joins the Safety Management Council in congratu-lating Brian Cusson for being selected as the March 2016 Driver of the Month.


Driver of the Month

http://www.dixoninsurance.com

Open 7 days a Week6:00 a.m to 12:00 a.m.

Underbody Flush • Citrus • Rain Shield • Acid

Hand Washed Tractors

Automated Machine UsedOn Most Trailer Sides and Tops

Wet Rhino Truck Wash5120 North Granite LaneSioux Falls, SD 57107(605) 275-9770

3 Bay Truck Wash - One Bay Designated For Wash Outs On Reefers and Hoppers

www.siouxlandtrailer.com

BJ THOMPSON

FULL SERVICE AND PARTSMAJOR TANK REPAIR & TESTING

ASME R STAMP FACILITYHYDROSTATIC, D.O.T., VISUAL

CERTIFICATION & INSPECTIONS

DEALER FOR THE FOLLOWING NEW AND USED TRAILERS:TANKS, FLATBEDS, STEP-DECKS, GRAIN

SIDE-BELLY & END DUMPS, HEAVY EQUIPMENTDRY VANS, REEFERS AND WESTERN SNOW PLOWS

SIOUX FALLS, SD SIOUX CITY, IA GLENWOOD, IA 877-449-5400 800-274-2364 855-520-6969 DOUG NORGAARD, SALES GARY MARCH I-29 SOUTH EXIT 35 DOUG PALMER, SERVICE KEVIN KIEWEL TRAVIS BUHMAN JAY NENNMAN, SALES DEAN PALMER, SERVICE

Page 10 ~ MARCH 2016 TRUCKING NEWS


FMCSA 04-16Monday, February 29, 2016Contact: Troy GreenTel.: (202) [email protected] FMCSA Estimates Truck, Bus Safety Roadside Inspections and Traffic Enforcement Activities Saved Nearly 500 Lives in 2012

Commercial vehicle safety programs saved more than 7,000 lives since 2001 WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) today re-leased an annual analysis that estimates that commercial vehicle roadside safety inspection and traffic enforcement programs saved 472 lives in 2012. Since 2001, these programs have saved more than 7,000 lives. “Over the last several decades, we’ve made tremendous strides in reducing the number of traffic fatalities and injuries on our nation’s roadways,” said U.S. Transportation Secretary Anthony Foxx. “The roadside safety inspection and traffic enforce-ment programs exemplify our commitment to continue to raise the bar on safety and build upon our progress.” FMCSA’s annual Roadside Intervention Effectiveness Model (RIEM) analysis estimates that in 2012 (the most recent year in which data is available), these life-saving safety programs also prevented nearly 9,000 injuries from more than 14,000 crashes involving large commercial trucks and buses. “We should recognize the essential role played by thousands of carriers and millions of professional truck and bus drivers on the road every day who understand the importance of protecting the safety of the traveling public while also doing their part to move the economy,” said FMCSA Acting Administrator Scott Darling. “Our analysis demonstrates that inspectors at roadside and state troopers conducting traffic enforcement are making a vital difference to prevent crashes. In addition, the truck and bus industries are working every day to comply with federal safety regulations designed to make sure that everyone reaches their destination safe and sound.” In all 50 states, the District of Columbia, and in all U.S. territories, federal, state, and municipal commercial vehicle safety in-spectors that are trained and certified conduct thousands of unannounced roadside safety inspections on commercial trucks, buses, and their drivers on a daily basis. Annually, more than 3.5 million such inspections are conducted. Commercial vehicles that fail inspection are immediately placed out-of-service and not allowed to potentially endanger the lives of the driv-ers and of the motoring public. Similarly, commercial drivers who are not compliant with critical safety requirements are also immediately placed out-of-service and not allowed to continue driving. The vast majority of these roadside safety inspections are conducted by the states, which receive annual grant support from FMCSA through its Motor Carrier Safety Assistance Program (MCSAP) for State commercial motor vehicle safety program activities, including roadside inspections and traffic enforcement. Roadside inspections adhere to North American Standard (NAS) protocols, which, in close collaboration with Commercial Vehicle Safety Alliance (CVSA), are regularly updated. FMC-SA’s National Training Center (NTC), in coordination with CVSA, conducts frequent inspector training programs throughout

U.S. Department of TransportationOffice of Public Affairs

1200 New Jersey Avenue, SEWashington, DC 20590

www.transportation.gov/briefingroom

(continued on page 29)


Let us help you with:

Driver’s Mandated e-Log

GPS Tracking / Routing

contact us today at

Dakota Outsourcing & Training

Sioux Falls, SD

(605) 338-6645 or(800) 888-1649

THANK YOU to the members of the South Dakota Trucking Association’s Safety Management Council for taking on the project of creating a South Dakota Road Team. As a driver I appreciate the opportunities for the Team to educate the public about trucking. Congratulations to all five Captains of the South Dakota Road Team.~ Russ “Speedy” Wendt, Professional Truck Driver for Stan’s, Inc.

Corporate LawBusiness FormationReal Estate TransactionsAgricultural LawSales & Use Tax LawEstate PlanningProbateAdministrative LawZoning & Planning LawTransportation Law -Motor Carrier Emphasis

ARVID J. SWANSON PC27452 482nd AvenueCanton, SD 57013

A.J. SWANSON(605) [email protected]

44 YEARSof helping truck lines grow!

-- Updated as of March 4, 2016 --

Notes from the 2016 Legislative Session byMyron Rau, President of the South Dakota Trucking Association

(Continued on page 17)


*** Bills that reached final disposition

HOUSE BILLS***Bill#: HB 1073 Require persons operating bicycles under certain conditions to stop and allow faster vehicles to pass.SDTA Position: Oppose unless amended / Bill Status: Killed in House Transportation Committee***Bill#: HB 1084 Define when concurrent employment may be used to calculate earnings in workers’ compensation cases.SDTA Position: Support / Bill Status: Passed House Commerce Committee, Passed House Chamber, Passed Senate Commerce Committee, Passed Senate Chamber, Sent to Governor, Signed by Governor

***Bill#: HB 1085 Provide for the forfeiture of any vehicle used by a person convicted of a third offense for driving under the influence.SDTA Position: Monitor / Bill Status: Killed in House Judiciary Committee

Bill#: HB 1091 Establish certain requirements regarding insurance for vehicles used to provide rides for a transportation network company and to exempt drivers and vehicles used to provide these rides from certain commercial licensing requirements.SDTA Position: Monitor / Bill Status: Passed House Commerce Committee, Passed House Chamber

Bill#: HB 1137 Revise the distribution of registration fees from noncommercial gross weight vehicles.SDTA Position: Monitor / Bill Status: Passed House Transportation Committee, Passed House Chamber

***Bill#: HB 1142 Prohibit businesses and employers from establishing certain policies against the ability of an employee or invitee to store firearms and ammunition in a locked motor vehicle parked on the premises.SDTA Position: Oppose / Bill Status: Killed in House Commerce Committee

Bill#: HB 1182 Increase the state sales tax, the state use tax, the excise tax on farm machinery, and amusement device tax for the purpose of increasing education funding and reducing property taxes, and to declare an emergency.SDTA Position: Monitor / Bill Status: Passed House Appropriations Committee, Passed House Chamber, Passed Senate Appropriations Committee, Passed Senate Chamber

***Bill#: HB 1192 Prohibit certain inquiries during a public employment application process about an applicant’s criminal history and to provide a penalty for a violation thereof.SDTA Position: Monitor / Bill Status: Killed in House Judiciary Committee

***Bill#: HB 1193 Prohibit certain inquiries about criminal records during any initial employment application process and to provide a penalty for a violation thereof.SDTA Position: Oppose / Bill Status: Killed in House Judiciary Committee

***Bill#: HB 1211 Require statewide livestock ownership inspection.SDTA Position: Monitor / Bill Status: Killed in Agricultural and Natural Resources Committee

***Bill#: HB 1231 Authorize motor carrier inspectors to carry firearms.SDTA Position: Monitor / Bill Status: Killed in House Transportation Committee

***Bill#: HB 1233 Exempt the state from daylight saving time.SDADA Position: Oppose / Bill Status: Killed in House State Affairs Committee

SENATE BILLSBill #: SB 34 Revise certain provisions regarding the chemical testing of commercial drivers.SDTA Position: Monitor / Bill Status: Passed Senate Transportation Committee, Passed Senate Chamber, Passed House Transportation Committee, Passed House Chamber, Sent to Governor

***Bill#: SB 35 Update references to certain federal motor carrier regulations.SDTA Position: Support / Bill Status: Passed Senate Transportation Committee, Passed Senate Chamber, Passed House Transportation Committee, Sent to Governor, Signed by Governor


• SDTA Log Haulers Conference Spring Seminar - Tuesday, April 5, 2016 at 9:00 a.m. at the Deadwood Moun-tain Grand, Deadwood, SD.

• SDTA Annual Truck Driving Championships - Saturday, May 14, 2016 at Southeast Technical Institute, Sioux Falls.

• SDTA Warehousemen & Movers Conference Meeting - May 20 & 21, 2016 at the Blue Bell Lodge in Custer State Park.

• SDTA Annual Call on Washington - May 23 through 25, 2016.

• SDTA Summer Board of Directors Meeting to include an Executive Committee Meeting, the summer board seminar and the Cliff Tjaden Fishing Event - Friday, June 3 & Saturday, June 4, 2016 at Cedar Shore Resort, Oacoma, SD. The Executive Committee will meet at 10:00 a.m. on 6/3, the full board and Ag Commodities/Log Haulers Seminar will meet at 1:00 p.m., the fishing Calcutta will be held after a social and hosted dinner. The Cliff Tjaden Fishing Event will run from 7:30 a.m. to 3:30 p.m. on Saturday, June 4th.

• 11th Annual West River Poker Run, Saturday, June 25, 2016 in the Rapid City area.

• SDTA Logging Industry Golf Outing – 9:00 a.m. shotgun start on Sunday, June 26, 2016, northern Black Hills location TBD.

• SDTA East River Golf Outing at the Brandon Golf Course – 9:00 a.m. shotgun start on Thursday, July 28, 2016.

• National Truck Driving Championships – August 9 through 13, 2016 in Indianapolis, IN.

• SDTA Annual Convention – Rushmore Plaza Holiday Inn, Rapid City, SD on September 7 through 9, 2016.

• Annual guided pheasant hunt is on Thursday, November 3, 2016 - leave Cedar Shores Resort, Oacoma, SD at 9:00 a.m.

• Fall Executive Committee Meeting - 8:00 a.m. on Friday, November 4, 2016.

• Fall Board of Directors Meeting – 10:00 a.m. on Friday, November 4, 2016 at Cedar Shores Resort, Oacoma.

• West River Legislative Reception - Rushmore Plaza Holiday Inn, Rapid City - Monday, December 5, 2016, at 5:30 to 7:00 p.m. (west river time).

• East River Legislative Reception - Foley’s, 2507 South Shirley Avenue, Sioux Falls - Wednesday, December 7, 2016, at 5:30 to 7:00 p.m. (east river time).

• SDTA Winter Executive Committee Meeting - 6:30 p.m. on Sunday, January 22, 2017 at the Ramkota River Centre, Pierre with dinner served during the meeting.

• SDTA Winter Board of Directors Meeting - Ramkota River Centre, Pierre at 10:00 a.m. on Monday, January 23, 2017. In the evening, we will hold the annual legislative reception and sundae bar at the Ramkota River Centre.


Testing Frequency Rate Drops as ATA Makes a Convincing CaseReprinted from ATA’s Safety Bulletin December 2015 edition

FMCSA announced in December that it will lower the random testing rate for controlled substances from the current 50 percent to 25 percent, starting January 1st. The rule means a reduction in costs for carriers if they choose the lower rate.

American Trucking Associations met with FMCSA on reducing this testing rate early last year, helped gather relevant data, and encouraged FMCSA to take the appropriate step of reducing the testing burden if the industry's performance continued to meet the agency's standard. DOT has previously lowered the testing rates for others modes and acknowledged a 25% rate continues to provides strong deterrence from drug use.

Under a long-standing provision in the Federal Motor Carrier Safety Regulations, FMCSA may lower the minimum annual percentage rates for random testing to 25% percent when the industry violation rate (as measured by number of positive tests) for random drug tests is less than 1.0% for two consecutive years. The trucking industry has main-tained a sub-1.0% violation rate for three consecutive years. Today's announcement is an important step that will immediately reduce regulatory and cost burdens for motor carriers.

Contact: Abigail Potter at [email protected] and Rob Abbott at [email protected].

While the MlS survey resulted in a positive rate of less than one percent for the 2011 and 2012 testing years, the Acting Administrator chose to maintain the 50 percent rate for another year. The 2013 testing year also showed a positive rate of less than one percent, so after three years, the Acting Administrator approved a lower testing rate.

If at any time the positive rate for controlled substances exceeds one percent, the testing rate will revert back to 50 percent.

“You Talkin’ to Me?” “Yes, We Are Talking to You.” FMCSA’s Rule Prohibits Coercion of Drivers; Up to Drivers to File ComplaintReprinted from ATA’s Safety Bulletin December 2015 edition

The Federal Motor Carrier Safety Administration was given unprecedented authority to enforce a Final Rule that was issued in December that penalizes motor carriers, ship-pers, receivers, and transportation intermediaries for threatening drivers who choose not to perform a task if they determine a violation of safety regulations would result. Examples could come from anywhere, violating the hours of service regulations to being forced to operate a truck where the cargo was improperly tied down.

As to what may constitute a threat might be tricky to determine. A remark from the safety director might be construed differently by the driver, putting what was said into a gray area. For example, “What we have here is failure to communicate,” made famous by character actor Strother Martin, is anything but clear cut.

Nevertheless, FMCSA made a significant change in the Final Rule to “make clear that the driver has an affirmative obligation to inform the motor carrier, shipper, receiver, or transportation intermediary when he or she cannot make he requested trip without violating” the rules.

A violation can bring a maximum fine of $16,000. The rule goes onto effect January 29.

http://[email protected]


***Bill#: SB 60 Set daylight savings time as the permanent year-round time for the state of South Dakota.SDTA Position: Oppose / Bill Status: Killed on Senate Floor

***Bill#: SB 77 Repeal the prohibition against carrying a concealed weapon in the state capitol.SDTA Position: Monitor / Bill Status: Killed in Senate Judiciary Committee

***Bill#: SB 89 Revise certain provisions related to permits to carry a concealed pistol.SDTA Position: Monitor / Bill Status: Withdrawn by Prime Sponsor

***Bill#: SB 94 Repeal the death penalty.SDTA Position: Monitor / Bill Status: Killed in Senate State Affairs Committee

Bill#: SB 97 Provide for the automatic removal of all Class 2 misdemeanor convictions from background check records after ten years under certain conditions.SDTA Position: Monitor / Bill Status: Passed Senate Judiciary Committee, Passed Senate Chamber, Passed House Judiciary Committee, Passed House Chamber

Bill#: SB 106 Provide for the collection of sales taxes from certain remote sellers, to establish certain Legislative findings, and to declare an emergency.SDTA Position: Monitor / Bill Status: Passed Senate State Affairs Committee, Passed Senate Chamber, Passed House State Affairs Com-mittee, Passed House Chamber

***Bill#: SB 109 Require counties to conduct random checkpoints for overweight vehicles as a condition of receiving funds from the bridge improvement grant fund.SDTA Position: Monitor / Bill Status: Passed Senate Transportation Committee, Killed on Senate Floor

***Bill#: SB 110 Increase certain fuel excise tax rates.SDTA Position: Monitor / Bill Status: Passed Senate Transportation Committee, Killed on Senate Floor

***Bill#: SB 111 Revise certain provisions regarding the application of the county wheel tax.SDTA Position: Monitor / Bill Status: Killed in Senate Transportation Committee

***Bill#: SB 113 Revise provisions related to the operation of a bicycle on a roadway.SDTA Position: Monitor / Bill Status: Killed in Senate Transportation Committee

***Bill#: SB 135 Allow overwidth farm equipment to be operated on primary highways after sunset under certain conditions.SDTA Position: Monitor / Bill Status: Killed in Senate Transportation Committee

***Bill#: SB 144 Revise the legal maximum weight limits based on the number of axles for gross vehicle weight.SDTA Position: Monitor / Bill Status: Killed in Senate Transportation Committee

***Bill#: SB 151 Lower the state sales and use tax on most food items, to increase the rate of taxation for the sales and use tax on certain goods and services, to increase the amusement device tax, and to increase the per student allocation in the state aid formula.SDTA Position: Monitor / Bill Status: Killed in Senate State Affairs Committee

***Bill#: SB 161 Lower the state sales and use tax on certain food items and to increase the rate of taxation for the sales and use tax on certain goods and services.SDTA Position: Monitor / Bill Status: Killed in Joint Appropriations Committee

***Bill#: SB 167 Permit the compassionate use of medical cannabis.SDTA Position: Monitor / Bill Status: Withdrawn at the request of the Prime Sponsor

BILL LOG CONTINUED...

Notes from the 2016 Legislative Session byMyron Rau, President of the South Dakota Trucking Association


Memorial contributions can be made to the South Dakota Trucking Association Foundation through the SDTA office in honor of those lost.

Robert Lloyd Roach4/15/40 - 2/17/16

Psalm 23:4 – Even though I walk through the darkest valley, I will fear no evil, for you are with me; your rod

and your staff, they comfort me.

We are deeply saddened to announce the passing of Robert “Bob” Roach, at the age of 75.

Bob was the father of Michelle Wells, Executive Assistant of the South Dakota Trucking Association.

The things he held most dear to his heart were his family, his many friends, his work (40 years as wholesale pharmaceutical sales and sales management), skydiving (40 years with a total of 2,737 jumps), his faith, and having a yard full of flowers and color. He will be missed by many!

Please keep the Roach/Wells family in your thoughts and in your prayers.

THANK YOU TO EVERYONE WHO CALLED, EMAILED, SENT CARDS OR FLOWERS TO ME FOLLOWING THE LOSS OF MY FATHER. IT WAS VERY NICE TO FEEL THE LOVE AND SUPPORT! MY DAD WAS AN AMAZING MAN!


Wake up call ~ Sleep apnea and safe driving

Nearly one-third to one-half of commercial drivers struggle with it, and it’s not something to take lying down. Sleep apnea can create a dangerous situation on our highways if it’s left untreated.

In fact, according to the Journal of Occupational and Environmental Medicine, drivers with untreated sleep apnea are seven times more likely to have a vehicle crash. It’s been proven that driving drowsy, which is a direct effect of sleep apnea, is just as danger-ous as driving drunk.

And this is why the Federal Motor Carrier Safety Administration (FMCSA) has looked to medical examiners like those at Sanford Health OccMed to help identify this potential hazard.

“Sanford Health OccMed has developed a policy that all of our providers use to help identify drivers with sleep apnea,” says Joel Blanchard, MD, enterprise medical director for Sanford Health occupational medicine clinics. “Our goal is to keep drivers on the road, or get them back on the road as quickly and safely as possible.”

The first step is a physical exam conducted by the Sanford Health OccMed team to ensure you are medically safe to drive. According to Dr. Blanchard, sometimes drivers aren’t even aware they have sleep apnea until it’s recognized by a medical examiner.

“Often drivers think they’re OK because they are used to the way they feel – but they are not,” Dr. Blanchard says. “If you have sleep apnea, you aren’t sleeping well. And if your brain and body have not had a restful night’s sleep, getting behind the wheel is dangerous.”

Some of the risk factors for sleep apnea include age, a body mass index (BMI) of 35 or higher, neck size of 17 inches or greater, high blood pressure that’s difficult to treat and a family history of sleep apnea.

Based on the results of the exam, the medical examiner may recommend a sleep study before determining if a driver is medically cleared to be behind the wheel. Often drivers can even continue working with a temporary 90-day certification as long as they fulfill the requests of the medical examiner.

“As long as they fulfill our requests of obtaining a sleep study and then following up with us with those results within the time frame, drivers may see no gap in certification,” Dr. Blanchard says. “If the sleep study reveals you have sleep apnea, and you begin continuous positive airway pressure (CPAP) therapy, most times, you can continue driving like always.”

And because Sanford Health OccMed is connected to one of the largest health systems in the country – Sanford Health – getting the appropriate care for any medical need is easily accessible. Dr. Blanchard works closely with all providers to help expedite the process to get drivers back on the road as quickly as possible.

On the rare occasion that the exam reveals significant sleep issues, Dr. Blanchard may not give the temporary certification, but it comes down to keeping everyone safe on the road.

“If someone falls asleep numerous times in my office during the exam, I can’t let that go,” he says. “I would be doing everyone a disservice and potentially putting the driver, his employer and other people on the highway in jeopardy.”

And the benefits of proper sleep extend far beyond keeping your driving job. Effectively treating sleep apnea can lead to increased energy levels, productivity and mental well-being. It can also help lower blood pressure, and improve metabolism and overall health.

IMPROVING THE HUMAN CONDITION

(Continued on page 27)


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CALL THE SDTA OFFICE IF YOU NEED ADDITIONAL INFO AT (605) 334-8871

2205 N Career Ave. • Sioux Falls, SD 57107

THE THREE-PART COMPETITION CONSISTS OF:• A 40 QUESTION WRITTEN EXAM Questions taken from the 2016 Facts For Drivers book

• A PRE-TRIP INSPECTION

• A SIX PROBLEM DRIVING SKILLS COURSE

SOUTH DAKOTA TRUCK DRIVING CHAMPIONSHIPS

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SOUTH DAKOTA TRUCKING ASSOCIATIONfifteen NEW MEMBERS SIGNED UP BY

NUMBER OF NEW MEMBERS SIGNED UP SINCE THE START OF THE 2015 SDTA CONVENTION:

one NEW MEMBER SIGNED UP BY

MATT HARR, ILLINOIS TRUCK ASSOCIATION


BRICE FRANKEN


ALTON PALMER


MIKE HABECK


ROBERT PUNT


BLACK HILLS LOG HAULERS ASSOCIATION

MEMBERSHIP APPLICATIONS ARE AVAILABLE ONLINE AT: WWW.SOUTHDAKOTATRUCKING.COM

ERoad, Inc.Susan Reszczynski7618 SW Mohawk StreetTualatin, OR 97062Phone: 503-509-1240Toll Free: [email protected] of Service: Fuel TaxSponsored by: SDTA

Interstate Farm Lines, Inc.Keven VandenBarkPO Box 347Colome, SD 575278Phone: 605-840-8201Fax: 605-842-1990DOT# 199487Type of Service: Flatbed / HeavySponsored by: SDTA

S&O Hay, Inc.Joyce Shavlik33618 285th StreetGregory, SD 57533Phone: 605-835-8023Fax: 605-824-9007DOT# [email protected] of Service: Feed / Flatbed /Owner-OperatorSponsored by: SDTA

Witte Industries LLCJane Witte47401 SD Highway 34Egan, SD 57024Phone: 605-534-3204Fax: 605-534-3823Toll Free: 844-700-BINSSponsored by: SDTA

Membership applications are available online at: www.southdakotatrucking.com

We Go The Distance To Keep You Well

To schedule an appointment, call (605) 271-9000.For information about WorkFORCE, call Dustin Rhody at (605) 521-4988.

WorkFORCE offers occupational services that are quick, simple and efficient for truck drivers. We customize screenings, treat injuries, guide rehabilitation, and give preventative information and follow-up reports. We make it easy to schedule prompt appointments, and provide accurate and comprehensive medical evaluations personalized to your needs.

• Workers compensation injury care• Worksite nursing and MD services• Industrial exposure follow-up and physicals• Pre-employment, fit-for-duty and return-to-work exams• Customizable lift tests, hearing and vision exams• Beginning-to-end claims management• Physical therapy

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Truck-side Evaluations for a WorkFORCE on the Move

Jeff Luther, MD, MRO, Medical Director

David Sprecher, PA-C, Clinical Director

Mark Milone, MD, MRO, Digestive Health

Kim Wieking, Physical Therapist

Dustin Rhody, Account Representative

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The South Dakota Trucking Association’s Annual Convention is September 7, 8 and 9, 2016 at the Rushmore Plaza Holiday

Inn, in Rapid City. Mark Your Calendar and Plan to Be There!


Wake up call: Sleep apnea and safe driving ~ Continued

“Often times, drivers aren’t happy with me at first when they have to take these extra steps,” Dr. Blanchard says. “But after they’ve been using a CPAP machine or taken other steps to eliminate their sleep apnea, they thank me. They realize how much better they feel and that is what matters.”

Call (888) 600-2378 to learn how Sanford Health OccMed can keep you healthy, safe and awake behind the wheel.

Eight signs you may have sleep apnea :

1. Loud, chronic snoring

2. Occasionally waking up with a choking or gasping sensation

3. Waking up with a very sore or dry throat

4. Sleepiness or lack of energy during the day

5. Sleepiness while driving

6. Morning headaches

7. Forgetfulness, mood changes

8. Recurrent awakenings

Writer: KimFor: Ashleigh Walton

The Federal Motor Carrier Safety Administration announced on March 7 that it has restored to public view its “absolute measures” of the safety performance of motor carriers of property.

The agency said it has made the necessary modifications to its Safety Measurement System (SMS) website to make it compliant with the Fixing America’s Surface Transportation (FAST) Act, the highway passed late last year.

The FAST Act requires that property carriers’ absolute measures be available to the public. Duane DeBruyne, FMCSA spokesperson, told HDT that those measures amount to the “raw data” produced by the agency’s Carrier, Safety, Account-ability program and so are “not based on relative comparison to other motor carriers.”

Because the highway bill prohibits the display of property carriers’ relative percentiles, FMCSA pulled that information from public display on December 4, 2015. Also that day, the agency removed the raw CSA data to allow time to revise its SMS website.

“At this time, those modifications are complete and the SMS website is fully compliant with the FAST Act,” FMCSA said on March 7.

The agency advised that any motor carrier without login credentials for the SMS website may click here for more informa-tion on how to obtain a PIN.

Separately, but also pursuant to the dictates of the FAST Act, FMCSA announced that it has commissioned the National Academies of Sciences, Engineering, and Medicine, through its Committee on National Statistics and Transportation Re-search Board, to carry out a study "regarding high risk truck and bus companies."

The agency said the will "examine the accuracy with which the Behavioral Analysis and Safety Improvement Category (BASIC) safety measures... identify high risk carriers and predict or are correlated with future crash risk or other safety indicators for motor carriers."

FMCSA: CSA Raw Data Publicly Visible AgainReprinted from Truckinginfo.com - March 7, 2016 - By David Cullen


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FMCSA Estimates Truck, Bus Safety Roadside Inspections and Traffic Enforcement Activities Saved Nearly 500 Lives in 2012continued...

have you registered your drivers for the

SOUTH DAKOTA TRUCK DRIVING CHAMPIONSHIPS

WHEN: WHERE:

2205 N Career Avenue • Sioux Falls, SD 57107

the country to certify new inspectors or allow individuals to obtain expertise in areas such as hazardous materials safety.

The commercial vehicle traffic enforcement program is another safety program that is composed of two distinct activities: 1) a traffic stop by a law enforcement officer as a result of a moving violation, and 2) a subsequent roadside inspection. To help support the majority of traffic enforcement officers across the country that do not possess commercial vehicle safety inspection certification, FMCSA has created a Large Truck and Bus Traffic Enforcement Training program. The free training is designed to enhance law enforcement officers’ knowledge about the dangers of unsafe commercial vehicle driving and is formatted to be delivered either on-line as a one-hour, instructor-led training or divided into short segments for delivery during roll-call.

FMCSA developed RIEM as a tool to annually analyze and measure the effectiveness of these roadside safety inspections and traffic enforcement programs and activities in terms of crashes avoided, injuries prevented, and lives saved. In this model, roadside safety inspections and traffic enforcements are considered interventions. As a result of these interventions, unsafe trucks and buses and unsafe commercial drivers are removed from the roadway and/or fined. The ultimate focus is to change behavior by the carrier and/or the commercial driver to operate in compliance with federal safety regulations leading to a reduction in crashes involving commercial motor vehicles.

The RIEM tool associates each violation of FMCSA’s safety regulations with a specific crash probability. Using these prob-abilities, analysts can estimate the number of crashes avoided as a result of correcting these violations.

To view FMCSA’s “Roadside Intervention Effectiveness Model Fiscal Year 2012”, go to: http://ntl.bts.gov/lib/56000/56900/56983/15-013_b_RIEM_FY_2012_Analysis_Brief__508C.pdf

To learn more about FMCSA’s Large Truck and Bus Traffic Enforcement Training program go to:https://www.fmcsa.dot.gov/safety/driver-safety/large-truck-and-bus-traffic-enforcement

To learn more about FMCSA’s National Training Center, go to:https://www.fmcsa.dot.gov/NTC/

To learn more about FMCSA’s Roadside Inspection program, go to:http://ai.fmcsa.dot.gov/SafetyProgram/RoadsideInspections.aspx

To learn more about FMCSA’s Traffic Enforcement program, go to:http://ai.fmcsa.dot.gov/SafetyProgram/TrafficEnforcement.aspx

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SDTA BOARD OF DIRECTORS EXECUTIVE COMMITTEE COMPANY CITY MIKE HABECK, CHAIRMAN HABECK TRUCKING BELLE FOURCHE DAVID BULTSMA, VICE CHAIRMAN D&J BULTSMA TRUCKING PLATTE ROBERT CHRISTIAN, TREASURER BLACK HILLS LOG HAULERS ASSOCIASTION SPEARFISHJERRY OLLERICH, SECRETARY JERRY OLLERICH TRUCKING SIOUX FALLS RICK HOOGENDOORN, PAST CHAIRMAN YRC SIOUX FALLS MYRON L. RAU, PRESIDENT SDTA SIOUX FALLS

BOARD OF DIRECTORS COMPANY CITY TERM EXPIRESJUSTIN ANDERS ANDERS TRUCKING UNION CENTER 2018TOM BEUZEKOM GREAT WEST CASUALTY CO. S. SIOUX CITY, NE 2017LINDA BICKFORD QUALITY TRUCK INSURANCE RAPID CITY 2017KIMBERLY BONHART UNITED PARCEL SERVICE LEAWOOD, KS 2018LLOYD BULTSMA LLOYD BULTSMA TRUCKING SIOUX FALLS 2017BRIAN CLARK PREMIER XPRESS, INC. SIOUX FALLS 2016ART DONOVAN DEAN FOODS / LAND O’LAKES SIOUX FALLS 2018BRYAN EDEN BUTLER MACHINERY COMPANY SIOUX FALLS 2016ERIC HAMIEL SHEEHAN MACK SALES & EQUIPMENT SIOUX FALLS 2018FRANCIS HAMM TRIMAC TRANSPORTATION RAPID CITY 2018JEFF HANNAHS CROSS COUNTRY FREIGHT SIOUX FALLS 2018RANDY HARTLEY HARTLEY TRANSPORTATION, INC. WATERTOWN 2017LARRY KLAAHSEN DAKOTA TRUCK UNDERWRITERS SIOUX FALLS 2017JERRED KOPPMANN NORTH WESTERN WAREHOUSE RAPID CITY 2017JODY KUPER VALLEY QUEEN CHEESE FACTORY MILBANK 2016 JUSTIN LARSON TRANSPORTATION INSUANCE SERVICES PIERRE 2017MATT PARKER PARKER TRANSFER & STORAGE SIOUX FALLS 2017 ROBERT PUNT ROBERT PUNT TRUCKING STICKNEY 2016WADE STEBBINS EAST WEST LOGISTICS LLC PIEDMONT 2017DAVE STOTERAU CHS TRANSPORTATION SIOUX FALLS 2016DAN SWENSON PRO HAUL, LLC WOONSOCKET 2016LYN TSCHETTER THERMO KING OF SIOUX FALLS SIOUX FALLS 2016JEFF WATKINS SIOUX FALLS TRUCK & TRAILER SIOUX FALLS 2016BOB WILLEY BOB WILLEY TRUCKING GETTYSBURG 2017GLADE EVENSON SDTA SAFETY MANAGEMENT COUNCIL

PAST CHAIRPERSONS COMPANY CITY TERM EXPIREDRICK HOOGENDOORN YRC FREIGHT SIOUX FALLS 2014ALTON PALMER ALTON PALMER TRUCKING RAPID CITY 2012WAYNE VIESSMAN CLIFF VIESSMAN, INC. GARY 2010STAN ANDERS ANDERS TRUCKING UNION CENTER 2008LARRY ANDERSON A & A EXPRESS, INC. BRANDON 2006MICHELLE SCHIPPER K & J TRUCKING, INC. SIOUX FALLS 2002BERNARD FELDHAUS, JR. FELDHAUS TRUCKING HOWARD 2000 DARROLD DEAN DIZCO, INC. SIOUX FALLS 1998GENE PHILLIPS B & G TRANSPORTATION MADISON 1996 RICH BURNS BURNS MOVING & STORAGE SIOUX FALLS 1992TED BULTSMA BULTSMA TRUCK LINE PLATTE 1990RANDY THOMPSON TBI, INC. SIOUX FALLS 1988

SDTA SERVICES BOARD OF DIRECTORSNAME & POSITION COMPANY TERM EXPIRES ROBERT CHRISTIAN, CHAIRMAN BLACK HILLS LOG HAULERS ASSOCIASTION 2016 BILL REZAC, MEMBERSHIP RETENTION DIRECTOR BOEN & ASSOCIATES, SIOUX FALLS 2017 TODD JOHNSON, PUBLIC RELATIONS DIRECTOR JOHNSON FEED, INC., CANTON 2018RICK UNDERWOOD, MEMBERSHIP SERVICES DIRECTOR DALE’S TIRE & RETREADING, RAPID CITY 2016STEVE HOFFMAN, GROUP INSURANCE DIRECTOR MID STATES TRANSPORT, SIOUX FALLS 2017

Page 32 ~ MARCH 2016 TRUCKING NEWS

505 West Koehn, P.O. Box 987, Luverne, MN 56156-0987 1-800-247-9531 • 1-507-283-4405 • FAX 1-507-283-4407WEBSITE: www.hillsstainless.com

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march 2016 - south dakota trucking...motor carriers must retain up to eight supporting documents for...

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