April 19, 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:

1. Single Trip Permit Duration: This was implemented March 23, 2005.
   The Duration of a Single Trip Permits has increased from 5 to 7 consecutive days. This was another result from the 24/7 travel. (Another significant savings)
   
   
2. Tridems 60,000 Lbs. and Fixed Loads Tridem 60,000 lbs proposals have been combined into one and have been approved on March 29, 2005 by the CTPAC Steering Committee to move the proposal forward to Caltrans for approval.
   This has been a controversial proposal, which has been delayed since August 2004. There were certain sectors of the industry that wanted to see reciprocity in other state prior to allowing 60,000 pounds on trunnion trailers in California. Caltrans on February 19, 2004 issued a response to industry granting 60,000 pounds on Tridems Trailers with stipulations to certain envelope vehicles. We have concurred with Caltrans response and agreed to move it forward for implementation, hopefully by no later than July of this year.
   
   
3. Maximum Chart Weight for Fixed Load Vehicles proposal submitted June 28, 2004 to allow. 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.
   Caltrans was not very receptive of our proposal. We give them one reason why and they give us 10 reasons why not. We are in the process of educating Caltrans how significant these are to our Industry.
   
   
4. Original Annual Permits: 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.
   We recently met with Caltrans on April 13th and agreed to submit an addendum to the proposal to clarify some issues.
   

Caltrans: Proposals in the works.

1. Maximum Chart Weight for Fixed Load Vehicles proposal submitted June 28, 2004. This has been referred to Caltrans for their approval
   
   
2. Tridems 60,000 Lbs. and Fixed Loads Tridem 60,000 lbs proposals have been combined into one and forwarded to Caltrans for approval. Expecting to be implemented by July, 2005.

The City of Los Angeles Public Works; MAJOR IMPACT

Pilot Car requirements for Front Overhang is being implemented. I was contacted by a member that had just renewed their annual permits for their cranes and was taken back by the thought of having to have a pilot car every time there cranes needed to be moved. This was a change from October 2003 that Industry hasn't been aware of and the City hasn't enforced. This change will affect Crane Owners and any other segment of the Industry that has any front overhang will be required to have one pilot car fro overhang up to 25' and two for overhang exceeding 25'.

Street Services has agreed to change the policy back to its original form. One pilot car required for Front Overhang exceeding 25' in length.

The City of Los Angeles Street Services has submitted to the Board of Public Works the following request for changes:

1. The Transportation applications/permits forms, the words minimum and maximum shall be used in the description of the dimensions of the following:
   a. King Pin to last axle
   b. Combination Vehicle Length
   c. Axle spacing (doesn't apply to axles between axle groups, i.e. 4'6").
   
   This will resolve continued interpretations that have raised enforcement issues.
   
   
2. Single Trip Permits were valid for 1 day, from 12:01 am until midnight. The City has agreed Single Trip Permits be valid for three days, excluding Saturdays, Sundays and Holidays.
   
   
3. Allowing travel during curfew for loads that are 10' wide or less, which allows travel 7a.m. to 9a.m. and 4p.m. to 6p.m. Original requirement restricted any load exceeding 8' 6" wide. This will require an ordinance change, which means will need to be approved by City Council
   
   
4. Hours of Travel has been implemented per our request for change in Hours of Travel. Industry was restricted on all load or vehicle over 8' 6 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. There will continue to be a restriction in the Downtown Business District. This will require an ordinance change, which means will need to be approved by City Council.
   
   
5. Pilot Car required for all load exceeding 75 tons (7-axle). The City has agreed to eliminate the pilot car requirement for weight.
   
   
6. Heavy Haul Records required for all cranes and loads exceeding 75 tons. The City has agreed to only require Heavy Haul Records for cranes and loads exceeding 250,000 pounds (greater than 9-axle combinations).
   
   
7. Origin and Destination addresses were required on permit application and no will except the nearest cross streets for those locations without physical address.
   
   
8. Repetitive Inspection Loads, we have requested that on short moves for example, a member was transporting 24 identical rail cars for the Gold Line and an inspector was assigned for each load over a 30-day period. The Member was charged in excess of $7,000 to make sure that there was no damage to City property. The City has agreed on a series of identical repetitive loads over identical routes may be reviewed on a case-by-case basis.
   
   
9. Inspectors are no longer going to be required for certain short moves when CHP is present. We are going to be working on routes. The example that was agreed upon was when loads reach the 5 Freeway and Balboa Avenue, then park for the night. They aren't able to leave till the following night and if CHP is present, the City of Los Angeles inspector will not be required. This action represents savings to the industry of up to $300 per trip. This also makes available the Inspector for another load, saving the city from having an inspector come in on overtime at $485.
   
   
10. Overwidth vehicle that exceed 15' were required to be moved from 12:01 a.m. to 6:00a.m. and require inspection. The City has agreed to require loads over 16' be moved at night. 16' or less may move during daylight hours except between 7:00 to 9:00 a.m. and 4:00 to 6:00 p.m.
    
    
11. Street Closure Permits changes will be a costly affect to the industry. The City's Street Services Division discovered a memo from the City Attorney's office, originally published November 13, 1984. The City Attorney's office established that lane closures are to be processed the same way as full-width street closures. This means that City Council approval is necessary where major and secondary streets are involved. Because of the length of time it takes to get that approval (up to 45 days), this procedure is presently under review. An alternative is being sought that would speed up the permit process, while complying with LAMC requirements. The main issue that we have with this change, industry was given no warning. The memo is issued over 20 years ago and then it is decided without any input from industry to start implementing it.

Annual Permits:

1. 7 and 9-axle Annual Permits: The City agreed to issue Purple Weight Annual Permits. The Bureau of Engineering (B.O.E.) shall provide a list of bridges that can support 7 and 9-axle purple weight.
   
   
2. Length requirements, 9-axle annuals are issue to a multi-combination vehicle not to exceed 110' feet in length. The City has agreed to increase to 125', to include rear steer trailers.
3. License numbers for all trailers were required to be listed on all Annual and 30 day permits. This will no longer be required.
4. Origin and Destination addresses were required and now the City has agreed to accept "Various" for exact location. The City has been interpreting an Annual Permit to mean, the identical load going to and from the same location.
5. Multi-Trailers have been accepted in lieu of a complied list of your trailer fleet. Some fleets could be as many as 30 plus trailer combinations, which meant 30 plus different license numbers.

The City of Los Angeles Building and Safety: Two members working on a project in the City of Los Angeles regarding a haul route permit issue contacted me. The Haul Route Permit restricted the Contractor from working a full 8 hours. The export operation has several restrictions that have created a considerable problem for both the Contractor and the Trucking firm.

A. The hauling operations shall be conducted between the hours of 9:00 a.m. and 3:00 p.m.
B. Haul trucks are to be staged on Ingraham Street of Bixel Street. Trucks shall not arrive before until 9:00 a.m. Mondays through Fridays, and 8:00 a.m. Saturdays
C. A total of 33,000 cubic yards of material being moved within the hillside area over 1 mile at $0.29 per cubic yard would exceed the maximum chargeable under this Ordinance. Therefore, the maximum fee chargeable $3,000 shall be due.

Under the provision of Section 62.202 of the Los Angeles Municipal Code. A cash bond or surety bond in the amount of $22,000.00 shall be required from the property owner to cover any road damage as well as any street cleaning costs with the hillside area.

I attended a meeting on April 5, 2005, of the Building and Safety Commission and it was approved to change the hours of operation to 7:00 a.m. to 3:00 p.m.

City of Monterey Park and Redondo Beach continue to exceed the fees that are mandated by law.

City of Santa Clarita: A member recently contacted me regarding a permit fee problem. He was trying to obtain a permit for an EX 400 Excavator, which is a routine 7-axle load. The load was 12' wide and 14' 4" high. The City was requesting an additional $500.00 because the member was requesting to move in darkness. The City needed to cover the cost of having someone on stand by incase there was a problem. Again, these are routine loads, not variance loads that this type of procedure may qualify for.

County of San Bernardino: 24/7 Travel

New changes that will benefit your day-to-day operations.

We met with County Supervisor Paul Biane and then with his Chief of Staff, Matt Brown on March 11th, requesting Uniformity Permit Regulations within the County. With the assistance of Supervisor Biane, the County implemented the following changes as of March 31, 2005.

1. PILOT CARS
   Width - 2 Pilot Cars currently required for loads 13' 1" to 15' 0", changed to 14' 0" to 15' 0".
   Length - 1 Pilot Car currently required for loads/trailers exceeding 100', increased to 120'.
2. HOURS OF TRAVEL
   Without a Pilot Car:
   a) Travel is authorized 24/7 (all loads less than 12' wide and 120' in length)
   
   With a Pilot Car:
   a) Daylight hours, including Weekends: All permit vehicles/loads are authorized travel until the loaded width exceeds 15' 0". When the loaded width exceeds 15' on Green routes, the California Highway Patrol (CHP) will escort the vehicle/load. The CHP in coordination with the District Traffic manager(s) (DTMs) will determine hours of travel.
   b) Hours of Darkness, including Weekends: All permit vehicles/loads are authorized travel during hours of darkness until the loaded width exceeds 14' 0". When the loaded width exceeds 14' 0", travel during hours of darkness is not authorized.

We continue to request a review in Summer Hours Restrictions. "Overweight travel is permitted on County Desert Roads from sunrise until 10:00 am only from June 1st through October 15th".

Riverside County - Uniformity Meeting June 7, 2005 Caltrans San Bernardino
We are scheduling an Over Dimensional Permit Policy Meeting with local cities within Riverside County. We will be discussing the changes that have taken place within Caltrans new regulations and encouraging uniformity throughout the county. We continue to have issues of faxing, permit fees, night and weekend travel, annuals, Internet permit programs and 4-day workweek.
Caltrans, California Highway Patrol, Local Officials and Industry will be participating in the meeting. If you are interesting in attending the upcoming meeting please contact us.

City of La Quinta: I met with Paul Goble, Senior Engineer and worked on language for the proposal to allow Annual Permits at the next City Council meeting on May 3, 2005. He expects this to be put on the consent calendar and approved. This will then be implemented immediately. Annual Permits will be issued to a company or fleet for $90.00. Currently you have to obtain a single trip permit for every move, significant savings.

City of Rancho Mirage: a member recently contacted me with a problem in Rancho Mirage. The City requires 24-hour notice when traveling under the authority of an Annual Permit. The problem was that some annuals had the language on the face of the permit and other didn't. The City will be sending out new annuals for those permit holders that do not have the 24-hour prior notice on the face of the permit.
The project had an access problem, which made it impossible to enter the project with a 9-axle unit. The member was left no choice but to unload in the street and road the machine onto the site.

C.V.C. 35553: The provisions of this article shall not apply to any vehicle in the immediate vicinity of an unloading or loading area while actually preparing for or in the process of unloading or loading, provided any overload is incidental to and necessitated by such action; and provided that such action does not occur on a bridge or highway structure.
Vicinity means the area or region near or in the neighborhood of and implies in all cases the SAFEST. Local authority interpretation felt that this section meant directly adjacent or on a side street along side of the project, this was the spirit of the law.
"The Sheriff's Department said that provisions should be made on-site for delivery and pickup or if that is not possible the equipment should be disassembled and reassembled on-site so transporting on smaller tractor trailer assemblies is possible and more maneuverable."
The Contractor ultimately incurred additional expenses and job delays to accommodate access into the project that would have not normally been required.

City of Indian Wells: 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. We presented our proposal to CVAG's Transportation Committee regarding uniform truck routes. Barry Nestande from Assemblyman John Benoit's office was working directly with the city. He had several phone calls from Greg Johnson, City Manager discussing the issue and felt that it was a good time with the new construction of the sound walls on Fred Waring Dr. It was discussed among city officials and never made it on the City Council agenda. This city and Palm Desert continue the restriction of "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 Quinta, Palm Desert and Rancho Mirage. This is an attempt to put the burden of commercial traffic on their neighbors and a violation of the new 24/7 Caltrans policy. We are continuing to work toward a resolution of this issue.

City of Palm Desert: The City also continues to restrict traffic on Fred Waring. Until the City of Indian Wells takes theirs signs down, they're not going to. "No Trucks over 3 TONS from 9 p.m. to 9 a.m.", on Fred Waring Dr., which is a main arterial between Indio, La Quinta, Indian Wells and Rancho Mirage.

THE INCREASING COSTS OF IMPORT AND EXPORT DIRT

The City of San Bernardino: A member recently contacted regarding the city charging $60.00 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.

City of Mission Viejo: A member contacted me regarding the City requiring haul permits. The City is restricting unreasonable hours of travel.

City of Orange: A member contacted me regarding the City requiring haul permits. The City is requiring the contractor to take a longer route than is necessary for completion of the haul.

Legislation in the works.

1. 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.
   
   ACR 23 (Garcia) was introduced February 22, 2005 and April 4, 2005 Assembly Committee on Transportation approved 8 to 0. Attempts to draw political attention and a legislative solution to the growing problem of route restrictions and reduced access to through construction truck traffic and construction site access within city and county jurisdictions.
   
   
2. C.V.C. 35795 (b): We are also working on California Vehicle Code section 35795 (b) that some localities feel they are exempt from.
   
   SB 372 (Margett) was introduced on February 19, 2005. This bill is sponsored by SCCA.
   
   Existing law authorizes a local authority to charge a fee for the issuance of the specified permits, if the fee is established by ordinance or resolution after notice of hearing.
   
   Existing law requires that special services necessitated by unusually large or heavy loads requiring engineering investigations, escorts, tree trimming, or other services be billed separately for each permit.
   This bill would exclude from the list of special services that are required to be billed separately any services necessary to provide the notification required under these provisions and services that are within the scope of the local authority's ordinary duty to provide, shall be billed separately for each permit.
   
   
3. Industry needs to be watching this bill, AB 1087, as introduced, DeVore. Vehicles: loads: spill prevention.
   Existing law prohibits a vehicle from being driven or moved on any highway unless the vehicle is so constructed, covered, or loaded as to prevent any of its contents or load other than clear water or feathers from live birds from dropping, sifting, leaking, blowing, spilling, or otherwise escaping from the vehicle. A first-time violation of this prohibition is punishable as an infraction, and a second or subsequent violation occurring within 2 years of a prior violation is punishable as a misdemeanor.
   This bill would establish the fine for an infraction violation of this provision to $50 for each object dropped, sifted, leaked, blown, or spilled, or otherwise escaped from the vehicle, that is less than one pound in weight, or one cubic foot in volume, or 10 square feet in dimension, and to $500 for each escaped object that is equal to or more than those measurements.

DIR stays enforcement of prevailing wage obligations for on-haul and off-haul trucking by owner-operators not employed by material suppliers on public works projects:

The Department of Industrial Relations (DIR) has put a hold on enforcement of its controversial demand that trucking owner operators be paid prevailing wage on public works projects. The DIR said the decision to stay enforcement was in response to various letters received by the Department on the subject-another example of how important it is to be involved in the regulatory process. The stay will remain in effect while the department's Division of Labor Statistics and Research (DLSR) works on setting new rates-which means the industry has another opportunity to effect this important issue. This decision affects on-haul and off-haul trucking for owner operators not employed by material suppliers.

This problem is not going to go way-the DIR says it will enforce the new DLSR rates once they have been established. The good news is the DIR says it now understands "the unique circumstances of owner-operator compensation," and will develop a formula for compensation that reflects this understanding.

Railroad Crossings: Federal Laws govern parking or being stopped on railroad crossings. Local enforcement has the authority to cite a driver and if you're a commercial driver it is an automatically 60-day suspension of your driving privileges. There have been a number of accidents involving trains. Drivers need to know if they should get hung up or breakdown on the tracks what to do. The first thing would be to get away from the vehicle and then call the number that is posted at the crossing. There should be an Emergency 800 number posted at the crossing and a crossing number. Of course time is at the essence. People forget trains are on tracks, they cannot swerve and it takes a train traveling 55 mph, 1 mile to stop.

BNSF Railroad Crossings: There was a misunderstanding with Staubach Global Services in Fort Worth, Texas. They have agreed that under C.V.C. 35789, BNSF has no authority to require a $250.00 permit and require a 3-day notice for heavy equipment to cross a public crossing.

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