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October 8, 2003
Construction Industry
Advancement Fund and CDTOA
Dear Trustees and CDTOA
EC:
Following are some of the major issues your
Industry Transportation Consultant has been dealing with
to date.
We are currently working with the U. S.
Department of Transportation Federal Motor Carrier Safety
Administration regarding regulating legal and extra-legal
trucking. On September 18, 2003, Greg Smith from American
Road & Transportation Builders Association and I met
with Warren Hoemann, Deputy Administrator and John Hill,
Assistant Administrator / Chief Safety Officer of FMCSA.
We discussed the U. S. Supreme Court case of the City
of Columbus vs. Ours Garage and Wrecker Service. The case
addresses whether the State can grant to a Municipality
the authority to regulate trucking. In conclusion, the
state can grant authority to a municipality only if refers
to "SAFETY", not because a Mayor or City Council
member lives on the corner. They cannot control "Prices,
Routes, or Services". I explained numerous examples
of the problems we are having in Southern California and
how the increased cost and regulations are affecting our
Industry daily.
An Industry member called with a problem
in the City of San Dimas. They demanded a fee be paid
per load to travel through the city to get to the freeway
(2.2 miles). This was a county project that detailed hauling
away materials from the dam. The materials have to be
cleaned out routinely to insure that the dam doesn't cause
any damage from flooding to the City of San Dimas. The
City wanted to be reimbursed for the wear and tear to
their roadways. I contacted the City on October 3rd and
explained that they could not regulate trucking for any
other reason than for safety. I explained that I had just
returned from a meeting in Washington DC and discussed
this very issue. I discussed with the city attorney the
2 separate court cases and he immediately wanted to see
the cases. I explained that they were going to be responsible
for any delay costs. I had several phone conversations
with the Attorney and discussed the case with him. And
advised that they could not regulate trucking and had
no authority to write a permit for a legal load. He argued
a truck route through a residential area, I explained
that the vehicle code addresses travel to and from a jobsite
for pick up and delivery. I also told him the vehicle
code doesn't address the number of loads. He called me
back again and expressed their concern of any damage to
the roadway. I explained that I personally inspected the
project, took photos, and that the roadway had areas that
had already been deteriorating. He stated that the City
is not going to win this one and instructed me to call
the city back and they would allow the trucks to travel
through with minor stipulations for noise, etc. The DC
trip is already paying off for our Industry.
We have also been working with the County
of San Diego on the clarification of Prevailing Wages
- Trucking. They stated in their letter dated September
2, 2003, that
" Workers employed by a material supplier to haul
material to the project site or to haul material from
the project site, when such off-hauling is directly related
to the production of material by the supplier, may be
excluded from prevailing wage rate requirements. In all
other instances, workers hauling material to and from
the project site, including but not limited to, employees,
independent contractors, partners, sole proprietors and
owner operators, must be paid the prevailing rate of wages
for the work performed" The statement regarding
off hauling is referring to asphalt grindings. They did
agree that under certain circumstances a Dirt Broker could
be considered a bonafide Material Supplier, if they met
the proper criteria. Unless you are a bonafide material
supplier, you are going to be required to pay prevailing
wage.
We recently had an Industry member receive
a 5 page citation in the City of Long Beach, for transporting
their 600 gallons fuel / service truck. These trucks are
transported from jobsite to jobsite, mainly because of
the liability to drive it, some are not road worthy or
licensed and that is why they choose to have them transported
on a trailer. The problem is we have to meet all necessary
requirements as if they were driving it, other than mechanical
on the vehicle. That includes purging the tanks. Our Industry
has not been complying with this regulation. We are now
meeting with the City of Long Beach Environmental Criminal
Attorney to discuss what our industry can do to mitigate
the problem. We are also meeting with CHP Commercial to
discuss this potential costly problem. I met with CHP
and they are in agreement with the City of Long Beach
on the proper enforcement. We will make Industry members
aware of this.
I also met with the City of Long Beach Environmental
Criminal Attorney and explained the problem that our Industry
is facing. For years the mindset was that "I'm hauling
it because it's either not registered or not road worthy."
With that in mind a transport company is called and given
a location to pick up and deliver.
The problems are as follows:
- The drivers must have a Hazmat endorsement on their
driver's license.
- The Transport Company also must have a Hazardous material
Transportation License (current).
- The fuel truck has to be placard, with correct numbers
and not with dirt so thick you can't see the numbers.
- The fuel truck must have its current MSDS reports
for products contained in the compartments or ERG book
should be in the glove box. (Emergency Response Guidance)
- The Fuel Truck / Transport must have the proper shipping
papers / manifest for the products being transported
or the tank must be purged prior to shipping. This paperwork
must include the proper shipping name and identification
number of a hazardous material or its residue and the
quantity of the product. The company must also maintain
a copy of the shipping papers at its place of business
for inspection and retain them for 375 days. The company
must make the shipping papers immediately available,
upon request, to an authorized official of a Federal,
State, or local government agency at reasonable times
and locations.
- The Fuel Truck / Transport must, with their shipping
papers, have an emergency response telephone number
for the company that is good 24 / 7, not an answering
machine or pager. Needs to be a 24 hour manned number
to someone in charge at the company to make a decision
in case of an emergency.
These citations are being written under
the CVC 40001 Owners Responsibility (a) it is unlawful
for the owner, or any other person, employing or otherwise
directing the driver of any vehicle to cause the operation
of the vehicle upon a highway in any manner contrary to
law. This is a Misdemeanor punishable by imprisonment
in the county jail for not more than one year. For further
legal information, please refer to Title 49 of the Federal
Code of Regulations for the handling of hazardous materials.
The City had a field day with this truck,
because the contractor unaware of the rules and consequences.
The amount of the Misdemeanor Citation was $16,200.00.
I personally have dealt with this DA and we approached
this problem in a proactive way as an Industry to get
the word out to our members. The City Attorney reduced
this fine to $2000.00 and dismissed the charges to the
company, following our discussion.
We conducted an Over Dimensional Permit Policy Workshop
on for October 6, 2003 at the LA County Dept. of Public
Works. Invitations were sent out to A.G.C., E.C.A. and
S.C.C.A to attend. Caltrans Sacramento and San Bernardino,
California Highway Patrol Commercial Enforcement Los Angeles
and Los Angeles County participated. 25 cities along with
Industry attended. We are trying to streamline the permit
process and educate everyone how their changes can, and
do, affect our Industry, which in turn ultimately affect
the consumer. We continue working toward a partnership
with Industry and Government.
We have requested Los Angeles County allow
weekend movement. Currently, there is no movement with
the County of Los Angeles from 12:00 noon through 12:00
midnight Sunday night. We have members that can't legally
get to or from their own yards. Caltrans allows movement
for particular loads and we're requesting the same rules.
We are also assisting the County in trying to get the
other 50 cities to allow the Los Angeles County to issue
permits for them. This would be a major step in having
one permit to travel through a county.
We have requested the City of Los Angeles
allow weekend movement. We had recently requested the
City allow up till noon on Saturdays and were approved,
but are requesting the same, as we are with the County.
We have been working in Riverside County
toward uniformity with the lower desert. We have a real
problem with truck routes for all trucks, Legal and Extra
legal. Cities are arbitrarily putting up "No Trucks
signs". The Problem is that one city allows you to
travel through their city because it a designated truck
route and the next city does not. This was part of our
discussion with DOT in Washington DC. We are working with
all 9 cities within the lower desert. The rules for over
dimensional loads are across the board. They are very
receptive in working with Industry.
We requested The City of San Jacinto make
changes and a meeting was held on 10/08/03. This meeting
produced results as well. Previously San Jacinto allowed
only 5 axle annual permits, 12' wide, 14' high, and no
movement on nights or weekends, and required a $90.00
permit for each truck. Industry can now move everything
from a skip loader to a 657E scraper on nights and weekends
with one $90 permit for each fleet / company!
In Orange County, we have requested that
The City of Buena Park review their regulations.
The changes that have been made and those
that we are expecting to make will benefit our Industry
and significantly ease operation and reduce costs. The
benefits will continue to accrue in months and years to
come.
We also have a website under construction.
It will supply valuable information to our members regarding
Transportation issues and allow them to report problems
and offer solutions.
Sincerely,
Gregory D. Dineen
Industry Transportation Consultant
Cc: John Hakel, AGC; Seth Hammond, MCOG;
Barbara Cunningham, ECA; Lee Brown, CDTOA;
Richard Lambros, BIA; Jim Burton, SCCA
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