Inside This Issue

M a y 2 0 1 8 P u b l i c a t i o n o f t h e M i n n e s o t a P r o f e s s i o n a l T o w i n g A s s o c i a t i o n

Attention MPTA Members!

June 12th and 13th the Spirit Ride will be coming through

Minnesota. Currently the MPTA is Coordinating a me-

dia event promoting the “Slow down/ Move Over” cam-

paign. MPTA is looking for members to help support

the efforts of this great campaign by engaging in the

event itself.

Currently MPTA is working on Logistics of the event

including a “Move Over Day” proclamation from Gover-

nor Dayton as well as mass coverage of the event. This

campaign will include as many MPTA members as possi-

ble, law enforcement, fire, MNDOT and others. This will

be a special day! Mark your calendars for June 13th and

please check out the MPTA website, Facebook and

emails as additional details become available.

Newsbreak

Presidents Letter

Drivers Operating a CMV Without an

ELD Will Be Placed Out of Order

Best Practices in Permitting of Oversize

and Overweight Vehicles

FYI– B-20 Mandate Began May 1st

MPTA Scholarship Application

Light Duty Tow School Registration

Form

Highlights from the recent TRAA

Spring Board Meeting and TRAA

Events

2018 MPTA Legislative Update

Save The Date– “The Eve of Destruc-

tion”

Upcoming Events

MPTA Board of Directors

MPTA contact information:

2886 Middle Street

Little Canada, MN 55117

Phone: 651-487-2231

800-627-6782

Fax: 651-487-2447

Email: admin@mnprotow.org

If you would like to make a

contribution to help with the legislative

efforts, please send your donations to:

MPTA

2886 Middle Street

Little Canada, MN 55117

PRESIDENT

Brett Letourneau

Citywide Service Corp.

9309 83rd Ave. N.

Brooklyn Park, MN 55445

763-424-4900

‘16-’18

Lance Burda

Burdas Towing

PO Box 249

Rogers, MN 55374

763-428-9911

‘17-’19

SECRETARY/TREASURER

Ron Feist

Feist Automotive

1875 N. Lilac Dr.

Golden Valley, MN 55422

763-544-5512

‘15-’17

Joe Lomsdal

Aggressive Towing

2636 16th Ave So

Moorhead, MN 56560

218-287-2344

‘15-’17

Lonnie Krackow

Borkowski Towing & Salvage

PO Box 868

Winona, MN 55987

507-452-9073

‘17-’19

Kyle Siewert

Siewert’s Towing

3424 North Service Dr

Red Wing, MN 55066

651-388-9163

‘16-’18

DIRECTORS:

Jenn Pearson

Twin Cities Wrecker Sales

1301 Jackson St

St. Paul, MN 55117

651-488-4210

‘17-’19

LOBBYIST

Rob Leighton

Nolan, Thompson, & Leighton

952-405-7171

EXECUTIVE DIRECTOR

Lance Klatt

2886 Middle Street

Little Canada, MN 55117

651-487-2231

LEGAL COUNSEL

Randy Thompson

Nolan, Thompson, & Leighton

952-405-7171

OFFICE STAFF

Norie Hennen

Nikki Wakefield

2886 Middle Street

Little Canada, MN 55117

651-487-2231

MPTA Newsbreak ~ May 2018 2

VICE - PRESIDENT

Phil Collins

Collins Brothers Towing, Inc.

PO Box 405

Elk River, MN 55330

763-241-9177

‘15-’17

Ron Gardas Jr

Twin Cities Transport & Recovery

3760 Flowerfield Rd

Blaine, MN 55014

763-784-7501

‘16-’18

MPTA Newsbreak ~ July 2017 3

Greetings everyone,

Can’t believe summer is here and most of us are digging out from the long winter and irritation of late April

snow. A lot is happening in our industry and within the MPTA. The MPTA is hosting a one-day light duty

tow school on Wednesday May 16th. This class is for beginners or others who would like to learn more about

basic hook-ups and basic -fundamentals of our industry.

The MPTA and lobbyist Rob Leighton have been extremely busy at the Capitol this session. Please see the

MPTA Legislative Recap inside the Newsbreak for an update.

The Spirit Ride is coming to Minnesota June 12th and June 13th. Great opportunity to show the public the im-

portance of moving over for us tow truck operators. Working on an event with Noah Rouen from Rouen

Group to execute a Move Over Day in Minnesota while attracting media in assisting us to get our word out.

Need as many towers to attend our event as possible. More information coming in the next month.

MPTA Picnic is back for 4th year at Elko Motor Speedway July 28th. This has been an annual tradition for

our membership and friends in gathering celebrating our profession while having some fun. Registration,

along with other important information will be mailed out in June and early July. Please be sure to mark

your calendar for this annual fun event.

Hope all of you are enjoying the warmer weather and be safe out there!

Brett Letourneau- MPTA President

Presidents Letter

Written by President, Brett Letourneau

MPTA Newsbreak ~ May 2018 4

Greenbelt, Maryland (April 1, 2018) – Starting today, April 1, 2018, property-carrying commercial motor vehicle

(CMV) drivers operating their vehicle without a required registered electronic logging device (ELD) or a grandfa-

thered automatic on-board recording device (AOBRD) will be placed out of service for 10 hours; passenger-

carrying CMV drivers will be placed out of service for 8 hours.

Violations will be recorded on a roadside inspection report and the driver may be cited (e.g., issued a violation tick-

et or a civil penalty) for failing to have a required electronic record of duty status.

After 8 or 10 hours out of service, the driver may continue to their final destination, provided the driver has accu-

rately documented their hours-of-service requirements using a paper record of duty status (e.g., log book, daily log

or log) and has a copy of the inspection report and/or citation.

If the driver is stopped again before reaching his/her final destination, the driver must provide the safety official

with a copy of the inspection report and evidence (e.g., bill of lading) proving that he/she is still on the continuation

of the original trip.

After reaching their final destination, if the driver is re-dispatched again without obtaining a compliant ELD, he/she

will again be subject to the out-of-service process outlined above, unless the driver is traveling back to the principle

place of business or terminal empty to obtain an ELD.

All ELD violations will be counted against a motor carrier's Safety Measurement System (SMS) score, which will

drive selection for investigation within the Federal Motor Carrier Safety Administration's (FMCSA) Compliance,

Safety, Accountability (CSA) program. FMCSA will determine appropriate action against non-compliant motor

carriers.

Please note that motor carriers that installed and used an AOBRD prior to Dec. 18, 2017, may install and use addi-

tional ELD-capable devices with complaint AOBRD software after Dec. 18, 2017. These AOBRDs may be used

until Dec.16, 2019 and must meet the requirements of 49 CFR 395.15.

The ELD footnotes 11-14 in Part I of the North American Standard Out-of-Service Criteria are now in effect,

which means that drivers operating CMVs with violations related to ELD compliance in those footnotes will be

placed out of service for 8 or 10 hours, then permitted to continue, as outlined above.

Remember, the ELD mandate does not change the underlying hours-of-service requirements.

For more information, visit FMCSA's ELD implementation website

Drivers Operating a CMV Without an ELD Will Be

Placed Out of Service

MPTA Newsbreak ~ May 2018 5

Informational: FHWA - Best Practices in Permitting of Oversize and

Overweight Vehicles

This e-mail is being sent to announce the availability of a report on “Best Practices in Permitting of Oversize and

Overweight Vehicles,” which may be accessed on FHWA’s website at https://ops.fhwa.dot.gov/freight/sw/

index.htm.

As States implement and enhance automated permitting systems at an increasing rate nationwide, a consensus re-

garding the safety and efficiency benefits has also grown. These benefits, as described by both government offi-

cials and industry leaders, include:

• The average permit turnaround time (PTA) decreased from several days and hours to just minutes for most

routine and some OS/OW permits.

• Nearly all States (30+) that have implemented automated systems report a moderate increase in total

• permits applications and issuance.

• Increased automated permit volume has proportionally increased revenues.

• Accuracy of permits has dramatically improved.

• A higher percentage of carriers have ordered, obtained, and traveled on State-issued permits following

implementation of automated permit systems.

• Roadway safety for all motorists has improved.

• The infrastructure integrity, including the maintaining of bridges and overhead structures, has improved.

• As a result of moving to automated permitting, States are able to achieve staff efficiencies and reduce costs.

Fewer people are required or less time is needed to review and process OS/OW permits, freeing up

employees to handle customer service inquiries.

• States have more flexibility with internal headcount issues.

FYI- B-20 Mandate Began May 1st

Mandate requirements

• May 1, 2018 through September 30, 2018, all #2 diesel fuel sold for use in combustion engines must contain a minimum of 10% biodiesel by volume.

• #1 diesel is exempt from the biodiesel requirement all year.

• The amount of biodiesel required in a #1/#2 blend will depend upon the blend ration of the two products.

• From October - April, #2 diesel must contain at least 5% biodiesel. The amount of biodiesel required in a #1/#2

blend will depend upon the blend ratio of the two products.

MPTA Newsbreak ~ May 2018 6

MPTA Newsbreak ~ May 2018 7

MPTA Newsbreak ~ May 2018 8

MPTA Newsbreak ~ May 2018 9

Highlights from the recent TRAA Spring Board Meeting and TRAA Events!

TRAA Awards

Congratulations to the recipients of the annual TRAA awards presented during the TRAA Annual General Mem-

bership Meeting!

Michael Wildman - Presidential Award

Kim Lowell - Distinguished Service Award

David Greenfeld - National Citizenship Award

Ken Weber - Appreciation Award

Ray Drumheller - Appreciation Award

WTRAA Awards Congratulations to the recipients of the annual WTRAA awards presented during the TRAA Annual General

Membership Meeting!

Michelle Topel - 2018 Presidential Commitment to Excellence Award

Wendy Wallace - 2018 Tow Woman of the Year

TRAA Affiliate State Association Forum Breakfast This year's new forum style format was a success! The Forum Breakfast was attended by 15 different state towing

associations as well as other industry representatives from all across the country. All engaged in lively discussions,

sharing helpful information. Affiliate state associations, mark your calendars for next year!

INDUSTRY NEWS

TRAA Move Over Safety Video Project

TRAA's Education and TIM Committees have joined forces to undertake a new project! The group is developing a

new safety video that is focusing on Move Over safety. We are looking for video footage, or still photos, of road-

way recovery scenes depicting near misses, motorist not moving over, unsafe tow operator procedures, etc. These

need to be of actual scenes not staged scenarios.

If you have any video or photos that you would like to submit for consideration, please email them to the TRAA

Office at contact@traaonline.com. We would like to have all content no later than June 1, 2018. If your submis-

sion is selected, you must be willing to sign a Photo/Video Release Form.

Any questions, please feel free to contact the Safety Video Sub-Committee Chair, Todd Chase at

tc41675@aol.com.

Thank you for supporting this important safety initiative.

MPTA Newsbreak ~ May 2018 10

Over a week ago, the Minnesota Legislature reached their Third Committee Deadline. The Third Deadline brings

a close too much of the committee work for the 2018 Legislative Session. The House and Senate Tax and Bonding

Committees, the House Ways & Means and Senate Finance Committees are the only ones which operate outside of

the committee deadlines. The numerous omnibus budget bills will receive a final review in the Finance or Ways

and Means Committee before being processed on the floors of the House and Senate. The spending bills will then

be sent to conference committees where the differences in proposals of the House, Senate and Dayton Administra-

tion will be resolved. The legislature has less than 4 weeks remaining in the 2018 Legislative Session. The Legis-

lature is required to complete their work by Monday, May 21st.

Conformity with the Federal Tax Bill remains a major goal of the 2018 Session. However, the proposals presented

by the Dayton Administration and considered by the House and the Senate appear to present significant differences

in how to conform with the federal law and limit negative impacts on Minnesota taxpayers. Chatter-in-the-Halls

of the Capitol is now suggesting perhaps it makes sense to delay passage of any major tax reforms until the 2019

Session. Such a decision could create a frustrating situation for Minnesota Taxpayers and would require signifi-

cant legislative activity at the beginning of the 2019 Session. However, the delay could provide for greater clarity

on the impacts of the federal law and allow for a better product in the end. If a decision were made to delay pas-

sage of a major overhaul of the tax code, the legislature may still consider passage of a much smaller and less cost-

ly tax bill.

A few weeks ago, the Governor appointed Representative Paul Thissen to the Minnesota Supreme Court. Repre-

sentative Thissen was serving in his 8th term as a Representative from Minneapolis, served as the Speaker of the

House from 2012-2013, the DFL Minority Leader and sought the DFL nomination for Governor in 2010 and 2018.

Representative Thissen officially resigned from the Legislature last Friday. Governor Dayton has indicated he will

not call for a Special Election to fill the seat, instead the seat will remain vacant until the November General Elec-

tion.

Specific Bills of Interest to MPTA Membership

HF4459/SF4031 - Sexual harassment definition clarified.

This bill was just introduced and has garnered strong opposition from the business community. The proposal,

which has bipartisan support, would lower the bar of proof for all employees across the state who believe they’ve

been sexually harassed. The proposal is believed to be the first of its kind in the nation and would nullify a stand-

ard set by the U.S. Supreme Court decades ago that has drawn criticism from employment lawyers and even judg-

es for creating a shield of impunity for behavior that might shock many. The bill is Chief-Authored by House Ma-

jority Leader, Joyce Peppin and GOP Senator Karin Housley a candidate for US Senate. The bill will be heard in

the House Civil Law Committee on last Thursday and is likely to receive a vote on the House floor. The path in

the senate is less clear.

MNLars – In March, the legislature provided the Dayton Administration an infusion of $10 million to address im-

mediate funding concerns by MNit and DPS for the MNLars system. The Administration is seeking an additional

$43 million in funding for MNLars. The Senate Transportation budget includes $15 million in additional funding

while the House has decided to provide no additional funding for the MNLars System. Both the House and Senate

provide emergency funding for the Deputy Registrars and proposals to expand services and make corrections to the

MNLars system. Not likely a permanent fix is in the horizon.

MPTA has been working with Represnetatives Baker and Torkelson on legislation allowing towing entities to have

access to MNLARS Data available at a Dealers rate.

2018 MPTA Legislative Update

(continued on next page)

MPTA Newsbreak ~ May 2018 11

Preemption – We continue to explore opportunities to advance legislation dealing with preemption. Proposals

include labor issues and product preemption. At this point, we have failed to identify an approach acceptable to

the Dayton Administration and other opponents.

State “Move Over Law” broadened- Rep Greg Davids has sponsored legislation HF. 3249 and amended to in-

clude towing vehicles. The bill also would require drivers to slow down on streets or highways with only one lane

in the motorist’s direction when passing emergency vehicles- and other vehicles like tow trucks, road maintenance

and utility vehicles- that are stopped on the side of the roadway. Current law only addresses streets and highways

with at least two lanes in the driver’s direction of travel.

Legislation passed 124-0 on House Floor, the bill now goes to the Senate where Senator Michael Goggin is the

Sponsor.

Blue Lights on Tow Trucks- Currently there is a house bill authored by Rep. Brian Johnson H.F. 2857. This bill

authorizes tow trucks and towing vehicles to be equipped with flashing blue lights, if the vehicle is operated by or

under contract with a local unit of government. MPTA is monitoring, has seen some movement, but not sure

where this is going in the 2018 Session.

Sexual Harassment- HF 4459 AND SF 4031 - Bills are pending in the Minnesota House and Senate that would

flood our state’s courts with lawsuits by lowering the bar for employees to bring claims of sexual harassment

against employers.

Minnesota’s employers are committed to providing respectful and professional workplaces. It is one of the many

reasons why our employers are regularly recognized as providing some of the very best working environments in

the nation.

If an employee experiences harassing conduct in the workplace, she/he has a variety of avenues to seek justice

based on the following standard: “Harassment becomes unlawful where 1) enduring the offensive conduct be-

comes a condition of continued employment, or 2) the conduct is severe or pervasive enough to create a work en-

vironment that a reasonable person would consider intimidating, hostile, or abusive.” U.S. Equal Employment Op-

portunity Commission;

The U.S. Supreme Court first issued the “severe or pervasive” standard in 1986. Under that standard, to create the

grounds for a hostile work environment claim, conduct must either be “severe” or “pervasive.” The conduct does

not need to be both severe and pervasive. One or the other is enough. This standard is intended to allow valid

claims to proceed without flooding the courts with claims.

Legislation proposed in the Minnesota House and Senate would change that standard. The bills would make it eas-

ier for employees to bring sexual harassment claims against their employers, specifically by eliminating the

“severe or pervasive” requirement under Minnesota law. If these bills became law, any employee could bring a

claim against her/his employer for conduct that was neither severe nor pervasive.

In addition, the bills would undermine the entire body of case law that courts have developed under the “severe or

pervasive” standard. For example, under the existing standard, conduct is unlawful only if it’s both subjectively

and objectively inappropriate—that is, if the employee herself/himself and a reasonable person find the conduct

inappropriate. Also, the judge must find the conduct inappropriate under the totality of the circumstances.

To lose these standards would open the floodgates to frivolous litigation, detract from the claims of actual harass-

ment victims in need of support, and make Minnesota an employment law outlier.

Evening of May 1st on the House Floor, the language of HF4459 was amended into the House Omnibus Public

Safety Bill. There were four no votes. The negotiations with the House Majority Leader have not progressed very

well. During the floor debate Rep. Peppin (the bill’s author), said she intends to also bring the stand-alone bill to

the House Floor for a debate and vote. This morning I met with lobbyists from the Chamber, Business Partnership

and the Employment Law Attorneys – we are working on a Senate strategy where the bill has not been granted a

hearing and determined we need to increase the grassroots pressure on members of the House and Senate. (More

Specifically GOP members) but all members should be hearing from business owners.

MPTA Newsbreak ~ March 2018 12

MPTA Newsbreak ~ May 2018 13

The Minnesota Professional

Towing Association Presents

“The Eve of Destruction”

Saturday, July 28, 2018

Member Directory Albert Lea Allen’s Tow & Travel

507-373-3551

Anoka North Star Towing

763-427-4160

Apple Valley Dick’s Valley Service

952-432-2848

Austin Midtown Towing

507-433-7374

Baxter Collins Brothers Towing

Of St. Cloud, Inc.

218-822-5525

Blackduck Bogart’s Towing

218-835-4548

Blaine Twin Cities Transport

& Recovery

763-784-7501

Dan’s Complete Auto Care

763-784-8668

Frovik’s Towing

763-786-9220

Blooming Prairie

Darrick’s Preferred Auto

507-583-9994

Bloomington Chief’s Towing, Inc.

952-888-2201

Brooklyn Park Cardinal Towing

763-535-1202

Citywide Service

763-424-4900

Burnsville Captain Towing

952-856-2901

Cannon Falls Siewert’s Towing

507-263-4791

Coon Rapids Highway 10 Mobil

763-757-6789

Detroit Lake

Aggressive Towing & Recovery

218-287-2344

Duluth Dukes Towing

218-722-8885

Duluth Mrs. Mac’s Towing

218-393-7377

East End Towing

218-349-3991

Eagan Mark’s Towing

651-454-1533

Eden Valley Jack’s Towing

320-453-6560

Elk River Collins Brothers Towing

763-241-9177

Excelsior Williams Towing

952-446-9650

Faribault Glenn’s Service LLC

507-334-4202

Fergus Falls Beyer Towing

218-205-6137

Forest Lake Dan’s Towing

654-464-5551

Harold’s Towing & Recovery

651-464-5313

Golden Valley Feist Automotive

763-544-5512

Hutchinson Modern Towing

320-587-4603

Inver Grove Heights

South East Towing

651-451-9721

Ironton

AutoSmith Service Group

1-218-545-5715

Lakeville Marek’s Towing & Repair

952-469-3182

Loretto Loretto Towing

763-479-1943

Mankato Affordable Towing

507-388-8697

All American Towing

507-345-5005

Maple Grove

Chase Towing & Transport

763-315-3995

Marshall

Pulver Towing

507-828-5720

Medina Kelly’s Wrecker Services

763-473-0558

Melrose Shaggy’s Towing

320-256-7855

Minneapolis Blaine Brothers

763-780-5130

Miller Towing

612-827-5591

Schmit Towing

763-253-1568

Moorhead Aggressive Towing & Recovery

218-287-2344

Ed’s Towing Service

218-233-7740

New Brighton Freeway Towing

651-633-5525

Statewide Towing

651-633-4262

Oakdale Twin Cities Transport

& Recovery

651-770-0152

Absolute Towing & Recovery

651-337-2149

Owatonna Dean’s Westside Service

507-455-1950

Sweet Towing & Repair

507-451-3424

Plymouth Plymouth Automotive

763-544-3202

Frankies Towing Co

763-595-0321

Ramsey Bee Line Towing

763-568-0858

MPTA Newsbreak ~ May 2018 14

Member Directory Red Wing Midway Auto

651-388-8296

Siewerts Garage

651-388-9163

Rochester CSC Towing

507-289-8344

Rochester Towing, LLC

507-288-7317

Pulver Towing

507-282-3851

Rogers Burdas Towing

763-428-9911

Sauk Centre Centre Towing Inc.

320-352-1500

Savage Allen’s Service Inc.

952-894-1000

Scanlon Blaine Brothers

218-879-6681

Shakopee Shakopee Towing, Inc.

952-445-0030

Spring Lake Park Citywide Service

763-432-4550

St. Anthony Twin Cities Transport

& Recovery

612-789-4245

St. Cloud Collins Brothers Towing

Of St. Cloud, Inc.

320-257-5525

Andy’s Towing

320-251-5691

St. Francis

Ark Towing & Recovery

763-434-1686

St. Paul

Twin Cities Transport & Recovery

651-642-1446

Stewartville Tri-State Towing

651-439-5744

Stillwater Stillwater Towing

651-439-5744

Tyler Bruender’s Corner Mart

507-247-5587

Virginia

Armory Shell Towing & Service

218-741-6050

Waseca Bocks Service Inc.

507-835-5407

Tesch Service Center

507-835-4610

Willmar

Ed’s Service Center & Sales

320-235-5945

Winona

Borkowski Towing & Salvage

507-452-9073

Zumbrota Bergs Towing & Repair

507-732-5613

IOWA Sioux City

Meier Towing Inc

712-258-0609

NORTH DAKOTA Bismarck Berg’s 24 Hour Towing

701-663-6491

SOUTH DAKOTA Big Stone

The Shop, Inc.

605-862-8215

Sioux Falls

Ace Towing Inc.

605-332-2173 WISCONSIN

Ashland

Tomlinson’s 24 Hour Towing

715-682-2717

Baldwin Day & Nite Towing, LLC

715-684-3359

Balsam Lake

Lake Services Unlimited

715-857-5753

LaCrosse

Goldbeck Towing Service

608-781-4869

Independence

Kabus Auto Body & Recovery

715-985-2252

Roberts Jerry’s Towing

715-749-4450

Superior Lake City Towing

218-722-7781

ASSOCIATE

Auto & Equipment Sales

AW Direct

Tom Welsh 608-662-3350

Tom’s Auto Sales

Ryan Tubbesing 651-482-8795

Twin Cities Wrecker Sales

Rod Pellow 651-488-4210

Zip’s Truck Equipment

Paul Rottinghaus 1-800-222-6047 Financing/Leasing

Water Street Funding

Tim Olson 763-742-7898

Health Insurance

Haas Managed Benefits

Bill Haas 763-421-6153 Insurance

Midwest Insurance Service

John Hall 651-439-5939

Salvage/Auction

Copart Inc

Scott Gilles 763-432-7258

Uniforms

Cintas

David Marta 763-425-6666

MPTA Newsbreak ~ May 2018 15

MPTA Board Meeting

May 15, 2018

6:00 pm Dinner

6:30-8:30 pm Meeting

MPTA Office

2886 Middle Street

Little Canada, MN 55117

Light Duty Tow School

May 16, 2018

7:30am Registration

8:00am to 4:30pm Hands-on Training

MN Dot Building

35E & Maryland Ave

St. Paul, MN

** Save The Date**

The Minnesota Professional Towing Association Presents

“The Eve of Destruction”

Saturday, July 28, 2018

Elko Speedway

Elko New Market, MN

Upcoming

Events