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!
SUBMITTED BY VIC LAMMI
NCTA Maintenance Council Fleet
Submitted by Vic Lammi
Triad chapter August meeting recap
Triad meeting was held on
August 9,2010 at Forsyth
Technical Community College
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
Everyone enjoyed the
(Submitted by Amanda Trail)
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
word about the
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.
provided quite a
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
“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
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
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
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
Thanks to Stone Truck
Parts and NTN
Bearing for an
THE LAWYER’S CORNER
ADMISSIBILITY OF GUILTY PLEAS
James W. Bryan
Nexsen Pruet P.L.L.C.
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
WHERE: BILL ELLIS BARBQUE
“What an Insurance carrier looks for in a trucking company"
Bring a Guest
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)
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
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
Supper will be served at 6:00 PM with meeting to follow. Please RSVP by phone to 704-483-9428 or e-mail to
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.
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.
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
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
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!
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