On June 20, 2007, the federal district court for the District of Utah issued an order on the trial of the class action case filed by OOIDA against C.R. England relating to its current Independent Contractor Operating Agreement and the prior version of that Agreement. The Court found that England’s current Agreement (2002-present) does not violate in any respect the federal Truth in Leasing Regulations. Dan England, Chairman of the Board, stated: “We are pleased with the Court’s ruling that our current agreements with our lease drivers are completely lawful and that our drivers can know that there is no issue with their contracts.”

Regarding England’s prior lease agreement (1998-2002), the Court rejected OOIDA’s claims for injunctive and monetary relief. It did find some provisions in violation of the Regulations. The violations were mainly related to non-disclosure of certain charges and deductions. The Court applied a “strict compliance” standard, rather than a “substantial compliance” standard used by other courts. The Court did order England to provide an accounting to the Court of deductions of certain monies from escrow funds of class members under the former lease agreement, and to propose a form of accounting to the Court in the next several months, which England will do.

Evidence at trial demonstrated that in the fall of 2001, because of pending court challenges brought against other carriers, England began revision of its Independent Operating Agreement (ICOA). In June of 2002, just weeks before the revised version (RICOA) was planned for a fleet-wide roll out, suit papers were served. Although OOIDA’s initial class action on behalf of five-named plaintiff’s sought damages and injunctive relief relating to the ICOA, OOIDA subsequently amended its complaint seeking the same as it related to the new RICOA version utilized by England.

The court rejected OOIDA’s request for millions of dollars relating to charge-backs and certain required purchases under the ICOA, such as Qualcomm service, and gave no monetary award to the class relating to those violations. As part of that claim, OOIDA argued at trial that England was required to disclose the mark-up on fuel and parts it made available to drivers, something that England’s current RICOA now does. England demonstrated at trial that the prices it made available to its drivers during that period (1998-2002), even with the mark-up, were still lower than the drivers could obtain from any other source. After disclosure in the RICOA, the evidence at trial showed that the drivers continued to purchase those items through England at the same rate because it made economic sense.

Although the court found that specificity was lacking in the original agreement, as to certain charge-backs and required purchases and what deductions were to be taken from the escrow accounts, the evidence demonstrated that many of the charges were itemized and initialed by the lease operators in an attachment to the ICOA. However, the evidence at trial was that the plaintiff lease operators did not read their ICOA or RICOA before signing it.

As to the accounting of Escrow Funds under the ICOA, England maintains its rights under both state and federal law to net the amounts owed to England against anything due the lease operator. An accounting will demonstrate that other purchases, advances and obligations of the lease operator offset the escrows.

“We are pleased generally with the Court’s ruling, especially its finding that our current lease agreement is in full compliance with the leasing regulations. We will proceed with the accounting requested by the Court. However, we continue to be of the opinion that “substantial compliance” with these regulations is the better reasoned rule of law and may request appellate review,” says Dan England.

SALT LAKE CITY, UT — C.R. England, Inc., a nationwide leader in refrigerated and dry truckload services, today announced its new groundbreaking England Fuel Cap program for its independent contractors. “This new program will revolutionize the business for our independent contractors,” said Executive Director Josh England.

“The England Fuel Cap eliminates the need to even look at fuel prices and ultimately will improve the bottom line for our independent contractors.”

The program is simple. “Over the road” participants pay only $1.25 per gallon nationwide, no matter the pump price. “There are no complicated surcharge formulas or net fuel calculations, just one flat price,” said England. “There’s no more need to worry about rising fuel prices or varying prices from state to state.”

The network of eligible fuel stops includes any stop provided by the fuel optimizer for the planned trip, C.R. England yards with fuel pumps and seven major fuel stop chains, which include Pilot, Flying J, T/A, Love’s, Petro, Sapp Bros and Road Ranger.

All of C.R. England’s independent contractors are eligible to enroll in the program. Continued eligibility will be determined monthly based on achieving very reasonable thresholds for miles per gallon and fuel optimizer compliance.

“We think the England Fuel Cap program will improve our independent contractors’ profitability and peace of mind,” said England. “We’re very excited about it.”

Salt Lake City, UT – October 12, 2007 – C.R. England recently held an impressive roll-out for the newest addition to their fleet: the all new Cascadia, a cutting-edge aerodynamic truck from Freightliner. C.R. England employees were invited to check out the newest tractor trailer that will be integrated along side the Freightliner Classic and Freightliner Century in England’s robust truck fleet.

C.R. England selected the Cascadia for its superior aerodynamic design, the most advanced of its kind in the commercial trucking industry. The sharpened roof header, curved mirrors, and lowered hood are just a few of the Cascadia’s innovations that work to improve fuel efficiency. The aerodynamic features of the truck require less fuel to push and drive through the wind, thus reducing overall fuel costs for company drivers and owner operators. In fact, the reduced drag of the Cascadia can save truck drivers an average of $938 in annual fuel costs when compared to a leading competitor (the Cascadia boasts approximately 7.8% less drag than the International ProStar, according to Freightliner).

The event was attended not only by C.R. England employees and managers, but representatives from the Freightliner dealership and the Ute cheerleaders from the University of Utah as well. With three Cascadias on display in the lease lot, attendees were able to examine and admire the trucks up close. In addition, lunch was provided as well as a raffle with a myriad of prizes for all ages.

C.R. England will introduce 300 brand new Cascadias into the fleet over the next year and already has a few operating on the road. The tractors will be available to senior company drivers and lease operators. Stanley Studzieniski, a C.R. England driver for more than twenty years, was one of the first drivers to receive one of the new models.

The Salt Lake City based trucking company introduces the Cascadia into the fleet just as gas prices are soaring to record highs. C.R. England lease operators, company drivers, and administrative employees all hope the revolutionary and superior aerodynamics of the Cascadia will help improve fuel efficiency and lower fuel costs.

One of the many pleasurable things we on The Trucker editorial staff get to do is talk with both truckers and leaders in the industry.
It’s rare when we get to talk with someone who wears both hats.
Such was the case recently as we prepared this issue’s article in our ongoing “Conversations with …” series.
C.R. England is a name synonymous with the refrigerated transportation segment of the industry.
It’s hard not to notice the brilliantly painted red tractors pulling the white trailers with the familiar crest and “England” adorning both sides of the trailer.
Well, 99.9 percent of the tractors are painted red.
There’s at least one white tractor and it belongs to Gene England, the almost 87-year-old patriarch of the company who still gets behind the wheel occasionally. Well, maybe more often than occasionally.
England’s father C.R. England founded the company, and after Gene and his brother Bill returned from World War II, they “took it to another level” as the popular saying goes.
For the article that appears on Page 8, we interviewed Gene England, who continues to hold the title of president, and his son Dan, who is chairman of the board and runs the day-to-day operations of C.R. England.
We asked Gene to describe the first mechanical reefer units and here’s his response, put the way only an industry veteran with a good sense of humor could do it:
“We were hauling bananas out of El Paso; we bought the first mechanical units. These things were so rare. We bought this trailer that was equipped with this mechanical refrigeration [unit] and it was a nightmare if there ever was one. It was kind of a Mickey Mouse deal. It had an air-cooled four-cylinder engine that hung under the belly of it. It would let you down often times. I remember one trip where I was pulling bananas out of El Paso and this unit just plain wouldn’t run. So I opened the vents and came home. The unit was underneath and the coils were up in the front end of the trailer. At the time, we had some units that were cooled like the railroad does with an ice bunker in the front and a putt-putt engine and really for bananas it was better than refrigeration.”
While preparing our article we ran across an article published about one year ago in The Salt Lake City Tribune by Paul Beebe, who graciously gave us permission to use the information in his story.
Beebe described Gene England’s personal rig and other facets of his current life:
“Here’s another way Gene England sets himself apart. Most of the company’s trucks are painted red. England’s rig is white; ‘King of England’ is painted on his door. The passenger door says ‘Queen of England’ in honor of wife June who goes along for the ride.
“Strangely enough, she’s as comfortable on these trips as she is at home. And she’d rather be with me,” England said.
“A few days ago, the couple got home from an eight-day run to Laredo, Texas, Pascagoula, Miss., and Dallas. An average day was 500 miles, with time out for fuel stops and food.
“The journey to Laredo was to haul cargo to an England distribution center in the south Texas town. The Pascagoula run was for business, too, but of a different kind. When he gave up running the company, England felt unmoored. So he and Bill established a business inside C.R. England that supplies cars to the company for sales and recruiting projects.
“It also furnishes vehicles to drivers who buy them through a payroll-deduction plant. The benefit sometimes needs a bit of arm-twisting to make it work.
“There are occasions when drivers default, and that may be the reason I needed to get to Mississippi,” England said.
“England is 14 years older than the next oldest driver on C.R. England’s payroll. That doesn’t concern Chad England, who runs the company’s safe driving and recruiting programs. His grandfather has passed a battery of tests for vision, hearing, cognitive function and strength. When Gene England is home, he walks two miles a day and when’s he’s on the road, he and June split meals in order to keep their weight down.
“Earlier this month, he underwent a road test administered by an automotives technologies instructor at Utah Valley State College.
“Not to our surprise, nor to my dad’s surprise, he came through just fine,” Dan England said.
When we called Salt Lake City a couple of days after our interview to recheck a few facts, Dan England said his father had hit the road again, heading to the eastern U.S. with cargo in tow.
“And he’ll come back with something. He never runs empty,” Dan England said.