1231. #TFCP - From Nuclear to Neutral: The Case That Could Reshape Carrier Liability! - podcast episode cover

1231. #TFCP - From Nuclear to Neutral: The Case That Could Reshape Carrier Liability!

Jul 01, 202528 min
--:--
--:--
Download Metacast podcast app
Listen to this episode in Metacast mobile app
Don't just listen to podcasts. Learn from them with transcripts, summaries, and chapters for every episode. Skim, search, and bookmark insights. Learn more

Episode description

In this episode, let’s talk about the latest trends in the transportation industry and timely freight operations to accommodate peak holiday demands!

Stay tuned to learn more from our trusted sources of information, the importance of verifying holiday hours with shippers and receivers, today’s industry challenges, the critical role of shifting towards digitization, and focusing on internal improvements! 

 

Resources / References

 

📊📉 Don’t miss out on the latest market trends by subscribing to your TOP Transportation Morning Show! 🌎

🎬🎯 #TheFreightCoach Morning Show is LIVE every weekday at 10:30 AM CST to break down transportation industry headlines! Mark your calendars!

 

🤝 Shoutout to my sponsors!👇

 

🚚 Ditch your carrier packet, drive more carrier sales, and get better load coverage with seamless digital onboarding, TMS integration, and smart load coverage by visiting https://brokercarrier.com/

 

To donate and contribute to the Have a Heart’s purpose, visit https://www.haveaheartinc.org/donate.

 

🚀🔥 To sign up for my Newsletter, go to http://eepurl.com/iNoHco, get in touch with me through the social media channels below, and subscribe to my YouTube Channel!👇

 

▶️ https://www.youtube.com/channel/UCjrL70IEnCfDkNaiYMar3jw

📷 https://www.instagram.com/thefreightcoach/ 

🕊️ https://twitter.com/thefr8coach 

💼 https://www.linkedin.com/in/chris-jolly-a183aa6a/

Transcript

Speaker 1

Came back with a bank window down yelling now money anything hey oh Got the foot on the gas pedal to the metal when I'm get to the back hey Got the foot on the gas pedal to the metal when the lane moving fast hey Let them all cross if they hate then let them made them make a bigger boss hey.

Speaker 2

What is up ladies and gentlemen? We are back. We are live. It is the Freight Coach Podcast, the top podcast in transportation coming to you guys every single weekday, 8:30am Pacific, 10:30 Central to break down some industry headlines. But most importantly, you guys provide some actual insight into what you can do with all of this information. If this is your first time tuning in, welcome. This is the real side of freight, ladies and gentlemen. And I do say that before every single show.

And what I mean by that is I only speak with transportation professionals because at the end of the day, you guys, I want to talk to the right individuals who have done what you're looking to do or who are currently doing what you're trying to achieve. So you can take that information, apply it, utilize it and see a meaningful difference in your business and your life. Happy Tuesday, everybody. Solo show today, ladies and gentlemen.

And I do apologize for being a couple of minutes late there because your boy's actually out there moving freight and we got a couple of last minute shipments same day here. It's a holiday week so we need to be all over that and I had to get some coverage under that. So this is, you know, obviously like I say, you guys, it's the real side of freight and things can change mighty quick out there on a holiday week. So we're glad we got a couple of opportunities here out there.

But with that being said, you guys, it's a solo show. We got some industry headlines we are going to break down today. There's been a couple of big stories that have kind of broke here which I think are good for the industry overall and we're going to jump into them here. But you know, I do want to say we do have our weekly newsletter, you guys. It does drop tomorrow. Every single Wednesday it drops. And again, I don't auto sign anybody up for anything.

If I have your contact information, I don't sell it out and I just sign people up. But if you want to get in on it, you guys, I need you to go to the FreightCoach.com to check that out, you guys. It'll auto prompt you to register. My friends over at Green Screens provide us with a weekly rate report. So we got some specific lanes out there and then what those are going for and everything. We got the we fuel pricing in there as well. And then just some other industry news.

Again you guys, it's all freight related. I'm not trying to be a life coach. I mean I got my own I gotta worry about at the end of the day. But yeah, if you guys want to get that, do that freightcoach.com check that out. But you know, again, speaking of it being a holiday week here, you guys, I want us to be very aware of a lot that goes on out there.

And if you have not done this already, I want to urge you all, contact every single one of your shippers and receivers, verify their hours this week. All right? Half of my customers are closed Thursday and Friday. The other half are, you know, closing out half day on Thursday, all day Friday and everything. And you don't want your drivers stuck out there because again, you didn't take a couple of minutes on the front end to take care of a lot of this stuff, right? Do that.

Do not assume that it's normal hours outside of Friday and just get ahead of that, you guys. Like I was talking on my post earlier today about building a shipper profile, right? Building an SOP for each individual customer that you're working with because there is no one size fits all for service out there. You need to tailor to those each and individual needs.

And this is one of those separators, you know, if you did your job that this week or not is going to come out on if a driver shows up and the facilities closed because nobody actually called ahead to make sure that this was ready to go and that they were able to receive them and everything. So again, you guys get ahead of it, stay ahead of it.

And it's just those little separators out there, you guys, especially in the market, the way that things are continuing to go, business is not just flowing as most of you know who are out there actively selling. It takes a long time to build up a customer, but it does not take much to lose a customer. All right, so keep that in mind this week, especially during the holiday. All right you guys.

So headlines we're going to be breaking down as always, the links to these articles are going to be up there on in the show, notes and everything to check them out. I urge each and every one of you to read these articles that we talk about and we hear about in the industry and get away from the headline society that we live in out there.

You know, I do want to say because I, and this might be in one of the articles here but you know, I do want to bring up, you know, there's been a lot of crap that I've seen out there about the English language proficiencies and the non domiciled CDLs and stuff out there. And you know, I think that just like with a lot of people are jumping way too quick to judgment on what this is going to do for the industry as a whole.

I think it's way too early to be seen on if there's going to be a, if this is going to actually hinder capacity or if there's going to be no real meaningful change out there in capacity. And I'm leaning towards the side of there might not be a, a mass exodus like some are proclaiming out there on social media and you know, and then for the people out there who are just running their mouth and just speaking nonsense racist bs, I just, you know, social media is forever, you guys.

Like at the end of the day people can screenshot that and it's kind of wild out, you know, if you're gonna go out there and go off the rails about that, it's just, I'm gonna say something that's going to probably piss some people off. But if you're losing business and everything, it's your fault, all right, it's nobody else's.

All right, it's hard pill to swallow but this is the real world and if you're having trouble getting consistent business out there, I'm not saying it's easy but you need to look internally and stop blaming external factors. Same thing with this whole, this is the, just the flavor of the week. This week it's been tariffs, now it's the non domiciled CDLs out there.

I understand people are looking for something to hope that this is going to be the thing that's going to change their business and get them more opportunities. But again, you got to stop waiting for somebody to come and fix it for you, all right? If you want to build a meaningful book of business out there, A, it's going to be very challenging, all right? It is not easy to go out there and do this. But B, no one there's no one thing that's just going to miraculously fix your business. Right?

And I put a post out there about this yesterday. All right. This doesn't just miraculously make you run a profitable business. This doesn't just miraculously make you a better service provider out there. At the end of the day. This is just something else for people to look to. And again, I get it. I'm just as frustrated from a business development standpoint, all right? I'm out here trying to make this work. I'm out here trying to build my business up, just like each and every one of you are.

But I have resigned from waiting for something to happen, for things to get better, and I'm going to go out there, I'm going to make my cold calls every single day. I'm going to take my licks, I'm going to get hung up on, I'm going to get told I'm not interested. I'm going to go through all of that stuff, and I'm going to continue to do that until I get the customers that I'm out there and I'm trying to build. Right?

So I just needed to say that because, like, man, it's nauseating to go through social media and see the amount of just bitching and moaning that is out there from people who clearly just aren't working. All right? Like, I'm not saying it's easy, but there's business to be had out there if you're willing to work for it and stop looking for something else. You know, the current administration that's in the White House right now is not going to save your life, all right? Harsh reality.

The past administration, same thing. They're not going to save your life. It is up to you. We still have that opportunity, although it might not look the same as what it used to, but you still have that opportunity to go out there and build your American dream, all right? You need to stop blaming other people, though, and you need to actually hold yourself accountable, all right? If you want to change, if you want to see improvements, it's going to start and stop with you, all right?

ELP isn't going to make you a better business owner or a better service provider. Tariffs aren't going to do that either. It's on you. Stop looking and blaming the boogeyman for why your business isn't where it is. Start taking accountability and just get after it, all right? Start making calls, get hung up on. Go through the process. We all go through it.

I might be the only one who openly admits it, because I'm not trying to paint a facade that I'm some immune superstar that's just rolling in all this money and just not having any troubles out there or going through any challenges and building a business, all right? I'm going through all the same. You guys Are all right?

But at the end of the day, I'm not gonna let something else come out there and stop me from going after my dreams because I am way more concerned about having to look my wife and my kid in the eye and say that they can't do something because dad was afraid that, you know, the big bag elp mandate might affect my business. Fuck that. Just get out there and do the work, all right?

I'm sick and tired of seeing this shit, you guys, because unlike other people who create content in general, I'm not out here to just post headlines and try and get a bunch of fake fucking engagement. I actually give a shit about this industry and I'm going to continue to talk about the best practices out there and. And I'm going to continue to build a business and I'm going to win. All right? And then the same song and dance from all of social media. And this isn't just a trucking thing.

This is just all of social media in general. They're always going to go for the fringe, all right? They're always going to go for how do I cause as much division and how do I get as much, you know, racy of a headline out there to get people to click on my. I don't care about that, all right? I care about creating meaningful change for the transportation industry. And that is exactly where I'm going to stay. I'm going to stay in my lane.

I have a track record of over five years of that at this point. And I'm not going to change from it. And I highly recommend each and every one of you who are listening to this live or who are going to listen to this on the audio only replay later on, which is on itunes and Spotify. Check it out. Focus on your business, you guys. Focus on your outputs. There's always going to be something.

Just wait, you guys, in a couple weeks, it might be a couple of weeks, there's gonna be another headline out there, another big bad boogeyman out there on. On what might happen, all right? Anyways, rant over. All right? Sorry about that. I went a little bit longer than I wanted. I just had to get that off my chest, you guys, you know, and frankly, it's because I want you individuals who are listening to this and part of this freight coach community to win, all right?

There's always going to be something, all right? There's always going to be something that can stop you or there's always going to be something that can make you actually start and go out there and build your business up. Anyways, you guys onto that big, big news that came out last week. It was the 27th. I just didn't have time to talk about this up until now. But a case that I've spoken about a couple of times on the show.

Warner wins $100 million nuclear verdict Revolver reversal by Texas court this article ttnews.com the ruling ends a years long battle stemming from a 2014 fatal wreck out there. And if you have not done any research on this case, I highly recommend you go out and check this out and really break this down and see because it was again, I want to insert this first. I don't want to see anybody get hurt. I don't want to see anybody you have go through any fatalities.

But at the end of the day this was one of those ones where I, I, if there wasn't a big enough target on drivers backs this, without this reversal, this would have been another just massive target on drivers backs out there. Hold on you guys, I got a quote that just came through. See this is how it's done. You guys. Winning freight live on the air. There you guys go. How about that? But anyways, you guys, back to that article.

The Texas Supreme Court has ruled in favor of Warner Enterprises reversing $100 million verdict from the 2014 fatal crash in which a pickup truck lost control on it on the interstate, traveled across the highway median and collided with a Warner tractor traveling on the opposite stretch of the road. Again, for context, you guys, the driver of the pickup was heading eastbound and the truck was heading westbound.

The driver of the pickup truck that was heading eastbound crossed the median and hit the Warner truck head on. That was traveling westbound in my, that was just a point of reference for you guys to actually understand what that is. I don't know the exact direction that they were handed heading in and that out there.

Seven years in navigating the appellate process, we are thankful that the Texas Supreme Court reached the same conclusion as law enforcement of Warner drivers and our company did nothing wrong. President and Chief Legal Officer Nathan Mizeguyer said. He also emphasized we have not and will not lose sight of the tragic loss of the Blake family suffered because of this accident. Our continued thoughts and prayers are with the Blake family and I agree with that.

I'm glad that they put that in there. The Texas High Court wrote in that ruling that the foregoing holdings dispose of all claims and require rendition of judgment for the defendants. The court of appeals judgment is reversed and it is rendered for the Defendants. The ATA lauded the decision. Last week's ruling is a resounding affirmation of common sense and fairness, said Chris Spear.

The court rightly recognized that a motor carrier cannot be negligent for simply being in the wrong place at the wrong time. And the trucking industry has for too long faced a wave of abusive litigation driven by profit seeking plaintiff attorneys who have perverted the civil justice system into a game of jackpot justice. Then the ATA applauds that. And then, yeah, again, check this article out.

You guys can go in there and read about this because again, it was kind of wild to read and just to see where it was and how it happened and how this is just another iteration of the just target that most drivers have on their back in the nuclear verdict game. Because it is, it's a game at this point.

It seems like everybody is potentially liable and it's, I don't know, it's frustrating from my seat, you know, obviously being a part of the industry that, you know, it's like a driver can't even sneeze without being given a ticket, you know. And again, I think that this is a definite move in the right direction. But this nowhere solves what the nuclear verdict onslaught that is going on in the transportation industry.

So again, I would read up on this a little bit more and, but again, I think this is a major win for Warner, a major win for the trucking industry as a whole. And you know, again, these little things like that, you guys are just, it's at least a positive step in the right direction. Obviously, like I had said, I don't want to see anybody hurt or I don't want to see anybody die out there. But that's an unfortunate reality of life.

But at the end of the day, our judicial system should protect the innocent. Again, innocent until proven guilty. And, and I'm glad that, you know, even though it took 11 years, we got to. To a place, excuse me, where the. It's been settled in the right direction. So that article ttnews.com you guys. And then that is Warner wins $100 million nuclear verdict reversal by the Texas Supreme Court. All right, give me just one second freight. Alrighty, next article. Sorry about that you guys.

Again, it's a holiday week and your boys out here trying to win some freight just inside of Revenova right now. Because Revenova is my tms. If you guys didn't know that's who I use every single day and love it because they're a partner here for me on the show. But like I literally use them every single day. And I was just inside of the TMS updating some stuff, you guys, because your boy actually out there is building the business.

I'm not just a pretty face, although that is a big part of my whole ora here. But anyways, you guys, ttnews.com Next article. Sean Duffy unveils 275 million dollar truck parking program and slashes rules I am a massive fan of the reduction of government, but here we go. We're going to get into this article here. All right, you guys.

Transportation Secretary Sean Duffy on June 27 announced $275 million grant program to expand truck parking and prune regulation, billing the moves of the first wave of the president's trucking reform order. Truckers keep America rolling, Duffy said. While the country sleeps, truckers grind through the night to help keep stock shelves. And it's a job that requires grit and dedication. But for Too long, Washington, D.C. has made it harder for truckers. That ends today.

We're getting Washington out of your trucks and out of your business. It's a step in the right direction. We've got a long ways to go. And ata Chris Spear, he's all over these articles today. We thank Secretary Duffy for their continued focus on issues impacting the trucking industry. A safe and strong trucking industry is crucial to America's economic growth.

The initiative answers the Executive Order on enforcing common sense rules for the Road of America for truck drivers, which directs federal agencies to shed the White House calls of a one size fits all mandate. Of the total funding, $180 million is earmarked for Florida to build 917 spaces along i4 in Volusia V O L U S I A in Seminole Osceola counties. The remaining 95 million will be available nationwide through discretionary grants later this year.

Florida Transportation Secretary Jared Perdue said the money would help deliver nearly a thousand additional truck parking spaces to the Central Florida communities. DOT figures show 40% of drivers spend at least an hour a day hunting legal parking time the agency says cost the national economy billions of dollars and forces truckers onto highway shoulders or retail lots. And then trucking employs 8.5 million Americans and moves almost three quarters of the nation's freight out there.

Again, I think like anybody who's been working in this industry for more than five minutes understands that truck parking is an issue. All right, Safe and accessible parking. Now. I am not here to argue about the access of paid Parking and non paid parking. Although I'm a massive fan of the free market, I'm, I'm a capitalist and you know, it's only natural that people are going to go out there. I think a very top tier company out there that does that is Truck Parking Club.

I'm friends with those guys over there. They've been on the show a bunch of times and they're going to continue to be on the show because they're providing real value for the industry. And again, it's good to see that the White House is out there taking this as seriously as they should. And where we can go next with this is, you know, opening up more spots out there. I hope at the end of the day we have some more free parking that's added out there as well.

Because I see both sides of the fence out there, whether it's paid or unpaid parking. And I hope that there is more free parking that is built out there as well. And I hope that's what these government grants are going to go and do. Alongside of that, the FMCSA withdrew a proposed mandate for speed limiting devices on heavy trucks, arguing that a national cap could create dangerous speed differentials when rigs must travel well below surrounding traffic.

The FMCSA approved also proposed deleting about 1800 words from its regulations, largely duplicate definitions and record keeping rules. And then, you know, again, I'm not a fan of speed limiters at all. At the end of the day, I feel like that's the whole point of a speed limit. You guys, like straight up, that's the whole point of a speed limit. Why would we mandate governing the engines of trucks on the road if you want to do that as a carrier?

Because there's obviously some very added fuel savings benefits and everything that comes along with it. That should be your decision to make. But the federal government should not be telling us what we can and can't do. It's just like my whole thing with EVs at the end of the day, I don't, I mean, make as many EVs as you want, but the federal government shouldn't be fucking telling us that we have to only drive EVs. All right?

I do not think that is their place at all and should be nowhere near making a decision like that out there. And especially when it comes down to speed limiters at the end of the day, like, it's ridiculous. All right? It's ridiculous. And it's just another thing. I just think that it's just government overreach at the end of the day.

And then also modernizing online tools including consumer complaint portals and the data queue system drivers use to dispute inspection reports, promising single sign on and access over real time tracking. And then it goes on to directive ordering, structure, enforcement of the, you know, English link. We already talked about the English language proficiency here for commercial drivers out there.

Again, I think that we need to really roll back and I don't have any one regulation that I'm talking about here, you know, when it comes. Like I know ELDS is a major point of concern for a lot of drivers out there and, but I see the value in ELDs. Again, I'm not a driver, so any drivers out there who listen to this can easily say you shouldn't have an opinion on this because you're not driving. That's valid, right?

But at the end of the day, I understand the value in digitization of a lot of this. And I hate to break it to you guys, Big Brother's watching you no matter where you are at this point. If you have a cell phone, they have everything, right? It's ironic how every single time you have a conversation about a specific product and you pull up a specific app or you know, Google on your phone, it's wild how that all pops up there, right?

So again, I feel like any way to digitize and make a more efficient operation out there is more beneficial, right? And I look at it from a records perspective and everything to have clean records in your business, whether it's your DOT reports or anything like that, digitizing a lot of that is going to make your life better. Again, I understand not wanting to think that you're being watched 24 7, but I don't think your elds are doing that.

I think that little thing in your pocket that we all have is doing that at every given moment. So I, you know, again, at the end of the day, you guys, I feel like we got to play the hand that's dealt, right? We got to play the hand that's dealt. We gotta, we gotta work with inside of the confines of the laws that are passed or repealed and we gotta play by the rules. And right now ELDS is still a law. And I do not think that's going to be repealed ever, if I'm being completely honest.

Like I would be very shocked if they repealed that and changed that and remove that from being a part of the industry at this point. It's been almost a decade and yeah, I don't see that going anywhere, but that is going to be it for today, you guys. We only got to a couple of articles out there, and again, you guys, with it being a holiday week and all of this stuff that's going on, there's still going to be opportunities. All right, yes, it's going to be challenging.

No, it's not going to be easy. But there's opportunities. And I would just urge each and every one of you to stop looking for something to blame and just start looking in the mirror and be like, what can you do more? All right, we're all going through it. Nobody's got it all figured out. Regardless of what they're posting online, they don't have it all figured out. They're trying to put a facade out there on them. You know, for whatever reason. At the end of the day, you guys, you're not alone.

If you're going through some really shitty times right now from business development and everything else, a lot of us are. Some of us are just openly admitting it and. Yeah. So let's get after it, you guys, for the rest of the day. As always, if you got value in what you heard, subscribe to the show, you guys. And if you're feeling really ambitious after this one, rank the show on itunes and Spotify. Because if you see value, your network's going to see value as well. I appreciate you guys.

I love you guys, and we'll be talking to you soon.

Speaker 1

Came back with a bank. Hey, hey Let them all cross. If they hate, then let them hate them. Make a bigger boss. Hey.

Transcript source: Provided by creator in RSS feed: download file
For the best experience, listen in Metacast app for iOS or Android