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January 17, 2005
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:
There will be a Caltrans Transportation Permit Advisory
Council (CTPAC) meeting in San Bernardino on January 26,
2005. The meeting will be held at Caltrans, 655 W. 2nd
Street at 1:00 p.m. There will be workgroup meetings in
the morning if you're interested in attending. The Workgroups
will be discussing proposals regarding Fixed Load Tridems,
Fixed Loads Maximum Chart Weight, 7 and 9-axle Annual
Permits, Original Annual Permits, Pilot Cars, Manufactured
Housing and Variance Loads. Industry is encouraged to
be involved.
We are expecting Caltrans to have implementation dates
for previously approved proposals.
The County of Los Angeles has implemented
their new hours for restricted travel. Industry was restricted
on any load or vehicle over 10 feet wide, but less that
16 feet wide, not being able to move during morning and
evening rush hours and from noon Saturday until 11p.m.
Sunday. The change will allow continuous movement
excluding curfew hours. Curfew hours will restrict travel
for loads exceeding 10' wide from 7:00 am to 9:00 am and
4:00 pm to 6:00 pm., EVERYDAY. This went into effect
January 06, 2005.
City of Los Angeles:
I am working with Mayor Hahn's office to assist in moving
our proposal through the city in a more reasonable time
frame. Taking two years to have something approved and
implemented through City Council is unreasonable.
City of Los Angeles:
I recently attended a Transportation Committee on January
12th, where we had two items that were approved and will
be put on the agenda for the City Council within the next
couple weeks.
- Movement in the Rain:
On February 27, 2001, the City Council approved movement
during inclement weather "when visibility is reduced
to less than 1,000 feet". It was approved "for
only ONE YEAR, and as of that date is repealed, unless
a later enacted statute that is enacted before ONE YEAR,
deletes or extends that date." We requested to
keep the inclement weather clause remain in effect permanently.
- Annual Permits Expire:
The City currently required "that all annual permits
expire on the last day of February of each year."
We requested that all annual permits be allowed to remain
valid for up to one year from the date of issuance.
The Board of Public Works approved both
requests on July 2, 2003. The City Council needed to approve
the changes of the two ordinances. We hope to see them
passed by council within the next couple weeks.
City of Hemet: We are currently working
with a member of the Hemet City Council to change the
city's policy to allow permits to be faxed, rather than
Industry being burden by having to be picked up in person.
City of Indian Wells and City
of Palm Desert: We have been working with Assemblyman
John Benoit's office and Coachella Valley Associated Governments
(CVAG) on our truck routing proposal in the Coachella
Valley. The cities have agreed to take down the "No
Trucks over 3 TONS from 9 p.m. to 9 a.m", signs
on Fred Waring, which is a main arterial between Indio,
La Qunita and Rancho Mirage. This will be on the next
City Council agenda for approval for a change in their
ordinance.
INCREASING COSTS OF IMPORT AND EXPORT DIRT
The City of San Bernardino:
A member recently contacted us regarding the city
charging $60 a day for the duration of the job for an
inspector fee. The city has already collected taxes on
such fees that they would like to charge for again. Localities
do not understand that the California Vehicle Code regulates
legal loads and any such fees are collected through the
company's Motor Carrier Permit annually. We will be meeting
with the City of San Bernardino to resolve this issue,
which could result in an additional cost savings of $1200.00
a month on projects there.
Legislation in the works.
- We recently met with Assemblywoman Bonnie
Garcia, members of the Desert Contractors Association
and Lee Brown of the California Dump Truck Owners Association
(CDTOA) to work on a plan to help facilitate local goods
movement throughout California. We continue to have
a serious problem of commerce being forced to take longer
routes rather than direct routes because of political
pressure. These routes are being restricted from certain
areas and being forced into other areas at a cost to
consumers, air quality and public safety.
- C.V.C. 35784:
We are currently working to ease the burden on the courts
and the industry due to the current law that requires
courts to recognize California Vehicle Code section
35784, Violation of a Permit is a misdemeanor. There
are citations being issued to our Industry that are
a minor offense, such as a flag falling off a load and
the company being cited for a misdemeanor violation.
This requires a mandatory appearance by the owner of
a company and/or an attorney to represent a corporation.
We would like to see lessor violations be cited as infractions,
which are subject to fines and not being a mandatory
court appearance.
- C.V.C. 35795 (b):
We are also working on California Vehicle Code section
35795 (b) that some localities feel their exempt from.
We have been in contact with legislative council in
Sacramento and it was agreed to clean up the language
and to make it clear for localities that they cannot
charge anymore than Caltrans for transportation permits.
Truck Routes:
We have currently obtained data for mapping from 110 cities
within southern California. This project is to identify
the inconsistency in truck routes between local jurisdictions.
Railroad Crossings:
I was contacted regarding whether the railroad had
the authority to require permits for loads crossing railroad
right away. I spoke with a representative of BSNF Railroad
and was informed that a permit fee of $250.00. If flagmen
are required, there is a $500.00 a day minimum charge
each. He also stated "any House, Structure or Equipment
transport that requires State, County and/or City
permitting/notification by law or if the load will require
any type of modification to an At-Grade railroad crossing
in order for the move/transport to occur safely should
always be the overriding line of reasoning". I explained
to him that we have permitted loads crossing railroad
right away continuously and that C.V.C. relates to house
and structure moves only.
35789. Any house moving contractor or other
person who by contract or otherwise moves or transports
a dwelling house or other building across railroad tracks
shall furnish to the division or district superintendent
of the railroad company operating such tracks written
notice of intention to make such movement at least 36
hours prior to
doing so. The written notice of intention to make
such a movement shall contain the name of the street,
highway or road over which such dwelling house or other
building will be moved across the railroad tracks, the
approximate time of day such movement will be made and
such other information as may be necessary to enable the
railroad company to take precautionary measures to avoid
a collision by a train with such dwelling house or other
building.
I was also contacted by CHP, who said that
this maybe a problem in Stanislaus County and we want
to make sure we stop this before it turns into something
out of control, state-wide.
BNSF has referred this to their legal council
and we are waiting their response.
New Requirements for California Commercial
Drivers effective 9/20/2005
Below is a link to a DMV Vehicle Industry
News (VIN 2004-13). There have been a number of vehicle
code changes, especially effecting hazardous materials,
DUI convictions and commercial vehicles & commercial
drivers licenses. I suggest you print the document out
and pass it around to your drivers and management personal.
According to the DMV, most if not all of the changes concerning
a CDL holder comes directly from DOT regulations. These
changes bring the California Vehicle Code into compliance
with the federal Motor Carrier Safety Improvement Act
of 1999 (MCSIA). Two years ago, the DOT audited California
and some other states and discovered the conflicts. California
has until 9/30/2005 to implement the new regulations or
would be subject to withholding of federal safety and
highway funds - and with California's financial problems
no one would support that proposition.
Link to document, type the link into your Internet browser
(if you are receiving this report via email you can cut
and paste the link):
http://www.dmv.ca.gov/vehindustry/vin_memos/vin2004/04vin13.pdf
Some important changes (Effective 9/20/2005):
- California residency
is required for a CA. Commercial Drivers License (CDL).
- Imposes a disqualification on commercial
drivers who have been convicted of traffic offenses
(including a DUI) while operating a non-commercial motor
vehicle, which results in a cancellation, revocation
or suspension of their Class C privileges.
- Imposes a license disqualification for
conviction of the following offenses:
a. DUI or driving with excessive
blood alcohol content (BAC) in any motor vehicle.
b. DUI involving injury or driving
with excessive BAC causing injury in any motor vehicle.
c. 0.04% BAC or greater while
operating a commercial motor vehicle (CMV).
d. 0.04% BAC or greater while
operating a CMV causing injury.
e. Refusing to submit to, or
failing to complete a chemical test or tests.
- Imposes a lifetime disqualification
if the commercial driver uses any motor vehicle in the
commission of the felony. Disqualifies a commercial
driver for a period of 120 days if convicted of a serious
traffic violation involving any motor vehicle and the
offense occurred within three years of two or more separate
convictions for serious traffic violations.
- Makes it unlawful to violate any out-of-service
order. It also provides that it is unlawful to fail
or refuse to comply with a lawful out-of-service order
issued by the United States Secretary of the Department
of Transportation.
- Prohibits operating a commercial motor
vehicle for a period of 180 days if the person is convicted
of violating an out-of-service order while transporting
hazardous materials or while operating a vehicle designed
to transport 16 or more passengers, including the driver
and increases the prohibition to three years for a conviction
of a second violation.
- A CDL driver convicted of violating an
out-of-service order is subject to a civil penalty of
not less than $1,100 nor more than $2,750.
- Prohibits a state from issuing a special
CDL or permit (including a provisional or temporary
license) to any commercial driver who is disqualified
or whose non-commercial driving privilege is revoked,
suspended, or cancelled. The court does not have the
authority to issue a restricted commercial driver license.
- Eliminates the current authority in law
to issue a restricted commercial license to a driver
who is otherwise suspended for a first offense of driving
under the influence of alcohol or drugs occurring in
a non-commercial vehicle, or if the driving privilege
has been suspended for failure to have insurance at
the time of an accident in a non-commercial vehicle.
The court does not have the authority to issue a restricted
CDL.
- NO MORE TRAFFIC SCHOOL FOR COMMERICAL
DRIVERS Establishes that courts may not order or permit
the holder of a commercial driver license or any class
driver license to attend a traffic violator school,
a driving school, or any other court-approved instruction
of driving safety in lieu of any convictions for a traffic
offense committed in a commercial vehicle.
- Allows the MCSIA to transmit an order
to disqualify a commercial driver for cause, and that
such information must become a part of the driver's
record.
- Imposes the following penalties on employers:
a. Prohibits
an employer from knowingly allowing a driver to operate
a commercial
motor vehicle during any period in which the driver,
the vehicle,
or the motor carrier, is subject to an out-of-service
order.
b. Imposes
civil penalties on an employer convicted of permitting
drivers or
vehicles to operate during any period in which an out-of-service
order is in force.
c. Prohibits
an employer from knowingly allowing, requiring, permitting,
or authorizing
a driver to operate a commercial motor vehicle in the
United States
in violation of any law or regulation pertaining to
railroad-highway grade crossings.
- Provides that whenever the DMV is required
to disqualify the commercial driving privilege upon
conviction, the suspension or revocation would begin
upon receipt of the certified court abstract showing
that the person has been convicted of the violation.
- PROOF OF FIANANCIAL RESPONSIBILITY -
Requires the department, by July 1, 2006, to establish
a method by which law enforcement may electronically
verify financial responsibility for a vehicle registered
on the department's database. Implementation 9/01/2006
- PROOF OF FIANANCIAL RESPONSIBILITY
- Establishes a mandatory requirement that insurance
companies electronically submit insurance information
to DMV. It also allows the department to cancel a vehicle's
registration if an insurance company reported that the
insurance has lapsed. This cancellation policy affects
originals, transfers, and renewals of registration.
Implementation 9/20/2005
There are a variety of other interesting changes that
will affect your businesses.
Respectfully submitted,
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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