Caltrans

• Caltrans Transportation Permit Advisory Council (CTPAC) Meeting - June 8, 2010 in Sacramento

You are invited to participate in our CTPAC Workgroups and/or Steering Committee Meetings on June 8, 2010 at the California Trucking Association Office (CTA) 4148 E. Commerce Way, Sacramento, CA. 95834-9688.

The purpose of the Caltrans Transporter Permit Advisory Council (CTPAC) is to provide a forum for government and industry viewpoints on state transportation permitting policies and procedures. Both Caltrans and industry believe that this is an effective way of understanding and improving the permit process. CTPAC representatives use Council and Steering Committee Meetings to update their members on changes and help resolve permit-related issues. If you would like to attend, please let me know.

The Workgroup Meetings start at 9:00 am and continue throughout the morning, with the Steering Committee Meeting from noon to 2:00 PM. You are encouraged to attend and get involved with the decisions that affect the bottom line of your business every day. Be the voice that can make a difference!

• Variance Policy for Minimum and MaximumInternal Load Dimension – Is this working for you?

Industry involved in variance loads has for some time experienced major setbacks due to lack of flexibility in the load dimensions of these larger loads. CHP allows no tolerance; they enforce what is on the face of the permit along with every locality the laws of every locality in which the permit was obtained. So if your load dimensions happened to be off by a couple of inches, there would be no flexibility; CHP would shut you down, and everyone would go home. That has recently changed, and we hope it is working for everyone involved. This updated policy should provide the most flexibility to allow you to operate even if you’re off just a little bit. We need your feedback to know if the problem is resolved. If the following current minimum and maximum load dimensions don't work for you and/or your still having a problem, let us know.

It was agreed to accept the following changes with the understanding to continue to monitor for any additional problems that we may continue to experience. These minimum and maximum load dimensions are for variance loads requiring structure review only.

The internal bridge will be allowed a 6-in maximum tolerance.   

The tractor and/or the pusher vehicles will be allowed a 1-ft minimum and maximum between axles 1 & 2.

The push bar between the pusher and the trailer will be allowed a 1-ft tolerance.

The tractor and/or the pusher will be allowed minimum axle spacing, such as 4-ft-6-in minimum.

• Single Trip Permits – Local cities continue to look for ways to offset their budget shortfalls. One-way or round-trip?

We continue to receive calls from members who are being charged for travel twice: both on the way in and on the way out of a location. Local agencies continue to look for additional ways to increase their revenue and are forgetting that the permit is simply a document securing a safe route of travel, not a toll. There are some local agencies that charge you one direction and then charge you again for the other direction, not realizing that if you're transporting a load, you are generally empty in one of the directions. Some are and some aren’t going to try and charge you; but if you’re driving a 5-axle, unless you’re hauling an oversized load back out of the project, the city can’t charge you to go in and out. It also seems that everyone has his or her own idea what a single trip permit means, as shown below:

1. CVC 35791.  Single Trip Permit – The Department of Transportation (Caltrans) and any local authority may, with respect to such highways as may be agreed upon under their respective jurisdictions, which traverse any area within the boundaries of the local authority, contract for the issuance by either authority of a single permit authorizing the operation or movement of a vehicle or a combination of vehicles or special mobile equipment in the same manner as if each authority had issued separate permits pursuant to Section 35780.
2. Chapter IX – Definitions: 918.5. Single Trip Permit – The written authority for the movement of vehicles, combination of vehicles or special mobile equipment of a size or weight exceeding the maximum legal dimensions or weight specified in the California Vehicle Code.
3. Chapter II – Type of Permits: 201. Single Trip Permit – A single trip permit is a permit issued for a qualifying load or vehicle moving one way and returning unlade or with the same type of load, if requested, within the specified time limits of the permit.
4. Single Trip Permit – means a permit authorizing one trip between an origination and a destination that is not the origination. (Revised 6/03/2005)
5. Single trip permit is good up to 7 Day Over-dimensional Transportation Permit – means a permit authorizing the 7-day, one-way extra legal transport between an origination and a destination.

There are localities that do not issue annual permits for no other reason than wanting to increase overall permit revenue by issuing single trip permits. This is at an increased cost to their overhead that will only increase in the long run.

Remember when a locality charges you a round trip fee, first it has to issue you two separate permits. Secondly, make sure that you’re not being charged to travel in or out when you’re a legal load. Make sure your weight stickers are correct.

The first question we’re always asked is, “Can they do this?” Well, yes and no. A locality can’t require a legal vehicle and/or truck to pay a fee to travel on public roadways; you pay this through your DMV weight fees already.

We will continue to monitor localities, and if you’re not able to obtain an annual permit within a city, send us an e-mail with the name of the locality, the name of the person with whom you spoke, the phone number, and a brief explanation of your conversation.

• San Mateo Bridge and John F McCarthy Memorial Bridge – Richmond & San Rafael request review of these two bridges for possible upgrades.

a. San Mateo Bridge Caltrans Restriction: 10 ft wide max Necessary Detour: F/92/880 – 880S – 84S – 101N to 101/92 - 25 miles x 2

b. Richmond & San Rafael Bridge Caltrans Restriction 10-ft-3-in wide max w/b only (toll plaza) and orange weight bridge on east end Necessary Detour: F/580/80 – 80N - 37w – 101S to 101/580 - 50 miles x 2

We have asked Caltrans to review the two bridges to see if either of the restrictions can be lifted or if anything else can be done to minimize the impact this closure has been having on industry.

The California Highway Patrol (CHP)

1. CHP MISTER Report - CHP’s Management Information System of Terminal Evaluation Records program.

If you have a Motor Carrier Permit (MCP), then you’re in the trucking business, even if you think you are only a contractor. And if you haven’t obtained your MISTER printout, you should. This report is invaluable; it contains everything about your company: emergency contact numbers, company endorsements, and all CHP citations issued to your company. The report also shows details of the CHP citations, such which vehicle was being driven and the driver’s name. Many believe that once you share this information with your employees, they will start doing a better job. It's keeping focus on the tire.

A report describing the findings and the transporter's rating of Satisfactory or Unsatisfactory can be obtained through the MISTER program.

The MISTER program maintains two types of records available through the CHP Commercial Records Unit. Ask for the complete MISTER, which includes safety ratings, basic information such as emergency contacts, a list of all hazardous waste/materials, accidents and spills, and a list of all tickets issued or violations incurred.

This printout costs $8 to $10 and gives you the opportunity to get a snapshot of your company and help you identify problems before they get worse. If you have a BIT coming up, they can review your MISTER printout and know that you have been having problems with certain safety issues before they even contact you. This tool can also be used by your dispatcher, mechanics, and even your drivers to see if there is one particular truck you're having more problems with, or if there is one bad-apple driver getting all the tickets. Essentially, this is another way to proactively operate your business.

To order the MISTER Report, call the CHP at (916) 322-7157 for a request form. There is a service charge, and you will need to provide the transporter's California carrier number, or CA number, now only issued by the CHP.

Also, don’t forget to pay your BIT fees every other year. The CHP’s courtesy BIT notification problem is still not resolved, and if you are late the penalties are high, not to mention that it could disqualify you from having a Administrative BIT Review.

2. Pilot Car Operator Certificate – Article 15.5, Pilot Car Operator’s Certificate – Draft Language

28104. (a) The California Highway Patrol, in consultation with the California Department of Transportation, shall develop a pilot car operator certification program. The certificate shall be valid for four years from the date of the successful course completion by the licensee.

(b)  The Department of the California Highway Patrol certifies the program course contains information, specifically applicable to the safe operation of pilot cars and extra legal loads.  The course shall not be less than sixteen hours in length.  A person in that may comply with this requirement by receiving pilot car operator training, in a program and manner approved by the Department of the California Highway Patrol, from an organization or a person in a supervisory position that has been certified by the Department of the California Highway Patrol.

(c) Upon successful completion of the program specified in subparagraph (A), a verification of training, valid for four years, shall be issued by the instructor and shall be carried by the person when operating a pilot car in accordance with conditions set forth in a permit issued by the appropriate state agency or by a local authority.  Within 10 days of issuance by the instructor, a copy of the verification shall be forwarded by the person completing the training to the California Highway Patrol.

(d) The California Highway Patrol may adopt regulations for the content, certificate, reporting, and administration of this program.

(e) The requirements of this section shall become July 1, 2011.

Pilot Car Operator Certificate Requirement – Draft Language

28105. (a) Any pilot car operator, prior to engaging in pilot car activities, shall complete a pilot car operator course as approved by the California Highway Patrol as pursuant to section 28104.

(b)  It is unlawful for any pilot car operator to operate a pilot car in compliance with any permit issued in accordance with conditions set forth in a permit issued by the appropriate state agency or by a local authority without a valid pilot car certificate.

(c)  The pilot car operator shall have the valid certificate issued to him or her in his or her immediate possession at all times when operating a pilot car.

(d)  The driver of a pilot car shall present his or her certificate for examination upon demand of a peace officer enforcing the provisions of this code.

Pilot Car Company Requirement – Draft Language

28106.  (a) No person knowingly permits or authorizes the driving of a pilot car, owned by him or her or under his or her control, upon the highways, or in conformance with a permit issued in accordance with conditions set forth in a permit issued by the appropriate state agency or by a local authority by any person, unless the person is in possession of a valid pilot car operator certificate issued pursuant to 28104.

Requirements of Permitee – Draft Language

28106.1 (a) No permitee knowingly allows or authorizes any person to perform pilot car operator functions, in conformance with a permit issued in accordance with conditions set forth in a permit issued by the appropriate state agency or by a local authority by any person unless the person is in possession of a valid pilot car operator certificate issued pursuant to 28104.

Fraudulent Pilot Car Operator Certificate – Draft Language

28107.  (A) No person shall manufacture or sell a pilot car operator certificate of a size and form substantially similar to the pilot car operator certificate issued by the California Highway Patrol.

(b) A violation of this section is a misdemeanor punishable by a fine of one thousand dollars ($1,000), no part of which shall be suspended, and the person shall be required to perform not less than 24 hours of community service during hours when the person is not employed and is not attending school.

Obedience To A Pilot Car Operator – Draft Language

28108.  (a) It is unlawful for any person or driver to fail to comply with the direction of a pilot car operator when the operator is performing traffic control or flagging operations in accordance with conditions set forth in a permit issued by the appropriate state agency or by a local authority.

Penalty – Draft Language

28109.  It is unlawful and a misdemeanor for any person to violate any provision of this article or to fail to have any required equipment in good working order.

Remember this is only draft language to give you an idea of where this could possibly be heading. Please don’t take this draft language and go into immediate panic, but, as I explained before, if you want to be part of the process, now is the time to get involved. Give me call and let me know what you would like to do with CTPAC.

Cities

Burbank, Glendale, and Pasadena – Cash-strapped cities consider joining forces 5-18-2010.

Faced with multimillion-dollar budget deficits brought on by spiraling tax and fee reductions, plus escalating employee benefits and retirement costs, Burbank, Glendale, and Pasadena are considering consolidating a wide range of services and programs to save money (see article at http://articles.latimes.com/2010/may/18/local/la-me-0518-cities-20100518).

We received a call regarding this issue from one of our members, a larger heavy haul company that is always looking out for our industry. We recommended that he contact these cities to make sure their management staff was aware permitting services could be cut and urge them to allow Los Angeles County to take over this responsibility for these services, which are arguably tough to keep up with. We will continue to work with all three of these localities and encourage them to move the function to the County, which would in fact move the liability away from them, which would be just another cost benefit to these cities.

City of Rancho Mirage – Permit police are out looking for the 35795(b) violators of excessive permit fees.

The City recently charged one of our members $51 for each of the two permits that was obtained through a permit service. They were charged for two round trips when the City could have only charged $16 per trip, and they have to be billed separately or they should have received four permits, except the 5-axle was a legal truck when their driver went into the project

Industry Reminders:

California Integrated Waste Management – The Riverside County Code Enforcement made their unannounced visit to one of our members' facility in Corona, and investigated the company's “tire manifest” to make sure they were in reporting compliance, which, fortunately, they were! So do you know if you qualify as a tire generator?

Tire manifest – If your company operates any vehicles, trucks, or equipment, and tires are being purchased and replaced by the company, this qualifies you as a generator. Is that bad? No, you just will have more paperwork that needs to be filled out monthly.

California Integrated Waste Management Board (CIWMB) – Used Tires/Generators

The California Integrated Waste Management Board (CIWMB), in an effort to track and identify specific loads of tires to the respective generator, hauler, or end-use facility, instituted a Tire Program Identification (TPID) number program. The TPID number is a unique 7-digit number followed by a 2-digit suffix, assigned to each waste or used tire location and/or hauler within California.  The TPID number will be the primary way to identity and track each participant’s activity in waste tire manifest transactions and to identify specific locations where waste or used tires are generated and delivered/disposed.

You will need to make sure you have a TPID certificate and make sure you post it in a conspicuous location at your place of business (i.e., wall, counter, framed, etc.). Posting this TPID certificate allows waste tire hauler or CIWMB representatives to identify your place of business.

If you don’t have a TPID certificate, if yours is not correct, or if you received a duplicate certificate in error, please contact the Waste Tire Manifest Hotline at (866) 896-0600.

There are millions of waste tires in illegal dumps along the California-Mexico border. Many of these tires originate in California, transported by U.S. or Mexican tire haulers across the border where dumping takes place.  Not only do tires pose significant environmental health risks (mosquitoes and rodents) but they also pose a potential fire hazard.

Please be aware that as a used tire generator, it is your responsibility to ensure that your waste or used tires are released to a CIWMB registered waste tire hauler, as cited below:

Public Resources Code §42953 (b) states that any person who gives, contacts, or arranges with another person to transport waste or used tires shall utilize only a person holding a valid waste and used tire hauler registration from the board, unless the hauler is exempt as specified in section 42954.

In order to verify that a tire hauler is currently a registered CIWMB tire hauler, look for the following:

• A current year CWMB decal (2008) will be attached to the bottom right corner (passenger side) of the windshield of the tire-hauling vehicle.
• The original hauler registration certificate for that vehicle is required to be carried in the vehicle while hauling waste or used tires.  The information on this certificate will match the vehicle description and license plate information, and, as a generator, you can request to see this certificate.
• A CIWMB Comprehensive Trip Log receipt (CIWMB 203) or a company invoice from that has the CIWMB Electronic Data Transfer (EDT approved logo at the bottom left corner of the form is required to be left with the generator which shall be kept at the generator's place of business for 3 years.

If you are unsure whether a tire hauler is registered with the CIWMB, you can call (866) 896-0600, and they will provide the information as to their hauling status. Please remember that should you provide waste or used tires to an unregistered tire hauler, the CIWMB may take action against your company with civil fines up to $25,000 per violation per day.

If you have any further questions go to the website at WWW.CIWMB.CA.GOV for more information.