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December 1, 2004


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.

Caltrans:

  1. Our request from June 28, 2004 to allow Maximum Chart Weight for Fix Load Vehicles Section 305.2.1. The Annual Permit Committee Workgroup recently had a conference call meeting with Caltrans. We discussed and recommended the following change to the original proposal:
    This has been referred to Caltrans for their approval.
  2. Our request from November 08, 2003, regarding the Caltrans practice that annuals and repetitive permits must be an original. We are requesting that a facsimile copy be acceptable.
    This has been referred to Caltrans for their approval.
  3. Our request from September 29, 2004, allows Annual Permit for Fixed Loads Tridem 60,000 lbs, was sent to the Fixed Load Committee.

  4. Our request from November 08, 2003, regarding Hours of Travel 24 / 7
    Caltrans is working out technical issues for implementation.


How does this affect your investment opportunity or your business?

THE LOWBED TRUCK OWNER
This implementation will allow for better economical utilization of equipment, more productive customer service and allow more hours for company drivers or additions to the company work force.
For example:
Owners of a spread of 657E Cat scrapers, which are purple weight, would have approximately 351 additional hours of travel a month. Lowbed trucks will no longer be required to park at sunset and then start again at 3:00 a.m. There will no longer be weekend travel restricted to 3:00 a.m. to 9:00 a.m, The curfew restriction will remain in curfew areas during the week, unchanged. This will allow truck owner to make effective choices to benefit his/her investment opportunity.

THE CONTRACTOR
The contractor will have greater flexibility to move equipment from job to job without encumbering transportation restrictions. The result of this Caltrans implementation will mean additional evening and weekend moving time with fewer restrictions. Because of these additional options and better utilization of equipment, projects that have costly deadlines will not be as burdensome.

THE TRAVELING PUBLIC
Public transportation will benefit from these new regulations because of less traffic congestion.
For example, 70 percent of freight comes through our ports, leaves California and goes to other parts of the country. Previously, because of restrictions, loads arriving on a weekend might be delayed until Monday morning. Now those loads will be on their way earlier and not contributing to already impacted public traffic. Commerce will be able to move more freely except for those curfew areas during peak hours of 6:00 a.m. to 9:00 a. m. and 3:00 p.m. to 6:00 p.m.


The Caltrans proposals that have been implemented:

  1. Tow Legal Vehicle behind Extra Legal Fixed Load Vehicle.
  2. The Surface Transportation Assistance Act (STAA) Annual Permits.

The County of Los Angeles has been experiencing some computer system problems and as soon as those bugs are worked out the 24 / 7 movement will be implemented.
Currently, the industry is restricted to any load or vehicle over 10 feet wide, but less that 16 feet wide, shall not move between the hours of 7 to 9 a.m. and 4 to 6 p.m., Monday through Friday and from noon Saturday until 11p.m. Sunday. The new change will allow continuous movement excluding curfew hours. Curfew hours will restrict travel for loads exceeding 10' wide Monday through Sunday from 7:00 am to 9:00 am and 4:00 pm to 6:00 pm.

We had a meeting July 15, 2004 with Paul Novak of Supervisor Michael D. Antonovich's office and Nelson Nelson of the Public Works, Transportation Division regarding broadening the use of their new computerized system and to offer this service to other localities. The county currently issues permits in the behalf of 39 cities and Industry would like to see this number increased. Donald L. Wolfe, Interim Director of Public Works for the County of Los Angeles has recently requested Supervisor Michael D. Antonovich to support for uniformity and encourage other cities to utilize the service the county is providing.

The County of Riverside
We recently had a meeting with the County and The Tioga Group, the consulting firm that has been contracted to do a truck parking and truck route study. It was agreed that our original truck route proposal using the Thomas Guide primary roads is something that makes sense. The Tioga Group will review our data and report back to the county.

THE INCREASING COSTS OF IMPORT AND EXPORT DIRT

The City of Norco: a member that was going to be doing job that required 150,000 cubic yards of fill dirt contacted me. He went to the City to let them know of the project and what route they were going to use and to make sure there weren't going to be any safety or unknown problems with the route they chose. He was informed that the city was going to charge him $5.00 a truck per day that used city streets. He was also going to have a supply the city a certificate of insurance naming the City of Norco additionally insured and pay in advance approximately $7500 in truck fees or toll.
I contacted the Public Works Director and we had the legal misunderstanding resolved. The city will no longer require these fees or any additional insurance for a legal vehicle.

The City of Murrieta: A member contacted me in March regarding the City of Murrieta requiring a haul permit that consisted of a cash bond and numerous other costly restrictions to transport dirt using city streets. I contacted the Public Works Director and the City Attorney and agreed that the city doesn't have the authority to regulate legal trucks through their city. The city had been requiring the developer in the past to deal with bonds and costly restrictions. Over through the years it became the truckers' responsibility, which opens the problem of having the authority to regulate legal trucks. The city agreed that there was a misunderstanding and if there are any security deposits that have been submitted as part of the permits, they will release them

REGULATING LEGAL TRUCKS, WHERE DOES IT STOP?

The City of Tracy
I attended two recent City of Tracy City Council meetings in the regarding the issue of truck routing. The issues raised by the city are similar to issues raised by municipalities around the state.

It is apparent that many cities wish to eliminate existing truck routes and force commercial vehicles to use longer and less direct corridors. The rerouting will cause an increase in air pollution, and increase in safety concerns with additional trucking along proposed roads, and will increase the cost of freight to the consumer.

On May 25th, I attended two public hearings, one for industry and the other for residents. TJKM consulting firm, hired by the city to study the needs for rerouting and possible alternative routes, presented their report. TJKM's goal was to have their report ready to submit to the city council for approval by their July 1st council meeting. Because of the number of trucking industry concerns voiced at the May 25th, TJKM's final report for submission was delayed.

Evaluation of the Industry and Hearing
It appears that the proposal to reroute truck traffic was being fast-tracked for adoption and that the city's main concern was to remove trucks from city streets. The report supplied by the city consultants, TJKM Transportation Consultants, lacked formative and pertinent information. TJKM and the City of Tracy stated that additional information would be supplied in their final report 72 hours prior to the next council meeting on the matter.

City of Tracy Council Meeting - November 3, 2004
This council meeting was held to read the recommended adoption for the proposed Truck Routes Ordinance and to hear public comments.

I presented several authoritative documents addressing the city's concern with truck safety and accidents within the city. Those documents demonstrated that the City of Tracy was 37.9% below the national average for truck related accidents. (The information was compiled and supplied by the California Highway Patrol Statewide Integrated Traffic Records System, SWITRS) This data clearly showed that in the City of Tracy from the year 2000 to 2004, there were 3,078 reported accidents of which only 191 involved commercial trucks. Out of that same four year period, on Corral Hollow Rd., only five of those 191 accidents were truck related. This data clearly illustrates a very safe commercial truck driving record.

I next read and presented from the California Vehicle Code, CVC 35701, CVC 515 and CVC 240. These sections legally define Residence Districts. The City of Tracy contends that Corral Hollow Rd. is a Residence District. It is crystal clear from the code's definition that the area the city wishes to call Residence District does not apply. Therefore the city does not have the legal authority to regulate legal vehicles and cannot prohibit their use on city streets. At this meeting the proposed Truck Route Proposal was unanimously approved.

City of Tracy Council Meeting - November 16, 2004
This city council meeting was for the second reading of the recommended adoption of the Truck Routes Ordinance and for public comments.

In speaking to the council, I emphasized that any problems with commercial trucking along the existing truck route are enforcement issues. I made clear to the city that moving the existing truck route to the proposed route would only compound the very problems they were trying to resolve.

At this meeting the proposed Truck Route Proposal was unanimously adopted. The council and mayor appeared to have drawn preconceived solutions which they believe would be addressed by the proposed Truck Routes Ordinance. They stated they would notify the county of the new ordinance and the potential problems that might exist because of the change. After speaking with the county, it is interesting to note that a portion of the new truck route lays in the jurisdiction of the Mountain House Community who could propose new changes and restrictions at will.



Sincerely,


Gregory D. Dineen
Industry Transportation Consultant

Cc: John Hakel, AGC Jim Burton, SCCA
Gary Futral, ECA Seth Hammond, MCOG
Richard Lambros, BIA Lee Brown, CDTOA
Aimee Shook, DCA

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