June 5, 2018 (edited 9:25AM Eastern) Max Heine, Overdrive Editorial Director Randall-Reilly 3200 Rice Mine Rd NE, Tuscaloosa, AL 35406 Re: Open Letter to the Editor and Readers of Overdrive Magazine Dear Mr. Heine: I am writing to express my disappointment regarding your article published yesterday, which purports to cover the SBTC's ELD Exemption Application published by the FMCSA. https://www.overdriveonline.com/group-requests-eld-waiver-for-small-carriers/ I note the SBTC issued a release to trucking media yesterday morning advising how truckers can view our ELD exemption application, how truckers can comment in support thereof, and the points we believe are worthy of inclusion in a comment in support. Despite the importance of this issue to truckers, none of this information appeared in your article. You ignored the reasons for the exemption and simply summarized that we have filed an application for companies with 50 employees or less. I am therefore including this information here for your readers: Here is the exemption application as revised on February 1st, 2018 http://truckers.com/files/126741535.pdf Here is the FMCSA notice and invitation for public comment. https://www.regulations.gov/docket?D=FMCSA-2018-0180 I summarized our points for trucking media and commentors on our petition here: https://www.change.org/p/cathy-f-gautreaux-fmcsa-repeal-elds-through-regulatory-review-docket-id-dot-ost-2017-0069-1442-repealelds/u/22834240 I note over 20,000 drivers have signed so far calling for a repeal of ELDs. Instead, and contrary to the spirit of professional journalism, you changed the story about the SBTC’s most significant effort to relieve the ELD burden on independent truckers and small carriers into a hit piece on me, Ms. Bogash, the president of a company that partners with my private business DOTAuthority.com, and the SBTC membership, pointing to a 2016 lawsuit that Ms. Bogash settled by Ms. Bogash paying the FTC to go away to end that Federal nuisance suit that was extremely costly to defend. You are obviously attempting to imply wrongdoing where there was none and that is nothing more than a smear campaign. While you have ignored most of our press releases, I believe you have done this in every article that you have written about the SBTC over the past year and a half since the FTC filed suit and the industry is tired of it. I have published content that tells the whole story about the FTC matter and how it was retaliation by FMCSA for two lawsuits over the broker bond for any of your readers who are interested. Since you arbitrarily choose what your readers will and will not see, I offer that story here: https://www.linkedin.com/pulse/heres-why-small-motor-carriers-independent-should-push-james-lamb/ It is obvious Randall-Reilly is attempting to influence truckers’ choice as to which trade groups to be a member of by publishing content that has the malicious effect of disparaging the SBTC. Our members, many of whom are your readers, do not appreciate that. I am sure you will hear from them directly. I believe your readers will agree that your linking the name of our 14,000 dues-paying member trade group, Small Business in Transportation Coalition, to a previous article about the FTC matter in which the SBTC was not a defendant instead of the SBTC’s website, http://truckers.com, is nothing more than an attempt to disparage the SBTC for the benefit of SBTC’s competitors. Unlike our competitors, I note SBTC does not advertise with Randall-Reilly. Your readers should know that the FTC matter was an unethical, FMCSA-orchestrated attack on the leader of an industry trade group. It was settled when Ms. Bogash’s attorney, who is a former supervising FTC Attorney, told the FTC point blank that after reviewing all of the facts, he knew all of the defendants in the case, including Ms. Bogash’s company and mine, were operating “legitimate businesses.” And he told the FTC that they knew it and the judge knew it. The FTC thereafter immediately settled for a fraction of the tens of millions in damages they alleged. As you know, I and my companies paid zero to the FTC. Finally, your readers should know that my 17 year old privately-owned company DOTAuthority.com was an advertiser with Randall-Reilly for many years before we decided to cease advertising with you. In fact, I have a history of speaking at Randall-Reilly’s Dallas truck show as the president of DOTAuthority.com, offering your attendees educational seminars on getting operating authority. In vetting DOTAuthority.com, Randall-Reilly itself obviously did not believe DOTAuthority.com was a scam company posing as a government imposter or you would not have accepted our advertising dollars or invited me year after year to speak. Lest you would be complicit in such an alleged scam. So Randall-Reilly knows that DOTAuthority.com is a legitimate business as well. But the FTC matter is old news and your attempts to keep the story alive for the purpose of character assassination is, to your readers, like beating a dead horse. I therefore challenge Randall-Reilly to adopt and implement more professional journalistic practices as you cover the industry’s issues, addressing the substance and merit of SBTC’s actions and positions, and give credit where credit is due. The SBTC is on the front lines protecting and promoting small business. Be advised we will continue to do so regardless of what you do. Much like the FMCSA does not get to choose who represents truckers, neither does Randall-Reilly. Truckers and carriers do. So, while you and other trade groups might wish we would just go away, we’re not going anywhere. Sincerely, /s/JAMES P. LAMB SBTC President http://Truckers.com cc: The Bopp Law Firm