July 20, 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:
The Caltrans Transportation Permits Advisory Council Steering Committee (CTPAC-SC) met on June 13th, in San Bernardino. The majority of industry's proposals are waiting for Caltrans' response.
The 60,000 pound Tridem proposal was discussed and Caltrans responded with the criteria necessary to administer the program. We were informed that cranes would be exempt from the program due to the weight transfer issues. Industry agreed to move the proposal forward and because all cranes don't have weight transfer they would be considered at a later date.
Caltrans agreed to issue the permits on a single trip basis due to the Transportation Permit Management System (TPMS) computer program not being ready for implementation. Annual permits were approved in the original Fixed Load proposal, but due to the TPMS program delay, annuals will be considered at a later date.

Proposals under review

1) Annual Purple Weight Permits for 7, 8 and 9-axle: We have been working with Caltrans and we plan to have the bridge data we submitted for review in the next week or so. We are hoping that our research that would allow 7, 8 and 9-axle purple weight annuals to be issued in those areas that don't have structure problems-which means most of southern California.

2) Original Permit Policy: We have submitted an addendum to our original proposal asking if a company could use copies of an annual or repetitive permit in one or more vehicles as long as all dimensions were similar.

" Annuals and/or repetitive permits are accepted in the form of a facsimile or copy. Permittee must be in possession of current Caltrans maps.
" Annuals maybe copied and utilized in one or more vehicles providing the vehicles conforms to the prescribed permit.
We are currently issued multi-trailer combination annuals by localities. Industry would like Caltrans to be consistent with localities and issue multi-trailer combination annuals.

Future Proposals in the Works

1) Permit Condition Proposal: We are currently working on submitting a proposal that will revise the Caltrans permit conditions. Currently, the permit is declared null and void if the permit holder doesn't meet specifically what is described on the face of the permit and/or the driver is not in possession (within in reach when seated belted in the driver's seat) of the attachments / accompaniments. The problem that industry has been experiencing is if they exceed the permit weight when stopped and weighed, enforcement is writing the citation back to legal weight in certain areas. Example: If you are permitted for maximum 250,000 pounds on a 9-axle combination and you exceed the maximum weight, you are cited for anything in excess of 80,000 pounds (legal weight). The state mandates 20 cents a pound in excess of 10,000 pounds and the courts then charge an additional 170% or more. This citation could cost thousands of dollars, including a misdemeanor charge. We feel that this needs to be reviewed and the penalty needs to fit the crime, which should be considerably less. We are requesting that permits exceeding the permitted weight only be responsible for the weight that's exceeded and the permit not be considered void. There are good reasons that a permit is null and void, but we feel this shouldn't be considered one.

The City of Los Angeles Board of Public Works has approved the Board Report:

We have been working with this city since February 28th, 2001 (that's right - 4 ½ years) requesting changes in regulation policy for Over-Dimensional Permitting. We have had numerous meetings over the years and it has finally come to the point of agreement and approval. This city has realized the need for change to continue to be a business friendly city to work in or travel through.
We can expect implementation anytime except for 24/7 travel and travel during curfew at 10' wide. (Items # 3 and # 4), which both need to go to City Council for an ordinance change.

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").

Resolving this will eliminate unnecessary citations.

2) Reducing the requirement for submission of heavy haul records The city has agreed to only require heavy haul records for cranes and loads exceeding 250,000 pounds (greater than 9-axle combinations).

3) Allowing travel during curfew for loads that are 10' wide or less, which allows travel 7:00 a.m. to 9:00 a.m. and 4:00 p.m. to 6:00 p.m. (except in the Central Traffic District). The original requirement restricted any load exceeding 8' 6" wide from traveling during curfew. This will require an ordinance change, which means will need to be approved by City Council before implementation

4) Hours of Travel has been implemented per our request for change. 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) Elimination of the pilot car requirement for vehicles and loads classified as overloads by reason of weight alone. Pilot Cars were required for all load exceeding 75 tons (7-axle and up). The City of LA has agreed to eliminate the pilot car requirement for weight.

San Bernardino County - San Diego County

We have scheduled two Industry Over-Dimensional Permit Policy meetings in San Diego, August 30th and San Bernardino, August 31st. We recently had a very successful Riverside and Orange County Industry meetings and discussed county the new Caltrans changes. We discussed Caltrans' new policy changes, such as 24 / 7 travel and the proposal that are currently under review. We expressed the need for expediting permits and that our industry doesn't have 72, 48 or even 24 hour notices. When a piece of equipment breaks down, not to be able to replace it immediately could mean the difference of an operator, the crew or the entire job shutting down the next day. We continue to have cities that are closed every other Friday or will not allow faxing of permits. We discussed how annual permits are a critical part of transporting equipment on a day to day basis, because of these reasons.
The city and county representative were very receptive to our needs and the meetings went very well for everyone. The meeting was very well attended by both localities and industry.
We will be scheduling meetings in Los Angeles and Kern County for November. If you would like to participate, please let us know.

The County of Orange:

On July 12th, we met with the Orange County Permit Division to discuss future changes within the county. The County is in the process of updating their Property Permits Manual and we were asked to review it and make comments. They were hoping to have their permit manual updated by November. The timing couldn't have been better for our Industry.

The Toll Roads:

We are currently working with the Transportation Corridor Agency (TCA), the operators of the toll roads in Orange County. You may have recalled when the toll roads first opened at the Windy Ridge Toll Plaza there was an accident involving a truck crossing traffic to use the toll plaza. Caltrans then prohibited any load over 13' wide, 16' high and annual permits were restricted. It took 1 ½ years to convince Caltrans that annual permits were only issued for loads 12' wide or less and there was no reason to restricted the toll roads from legal truck use. They finally agreed with industry and the policy changed.
We recently contacted TCA and explained that if they made some minor modifications to a few of the toll plazas, we would be able to use the toll road and saving, in some cases, approximately 100 miles out of our way to make a delivery to South Orange County. TCA are reviewing our request and agreed they would also like to see us using the toll roads.
As a contractor, the company hauling your equipment may not have explained why they have to take this longer route, but you are being billed for the extra time. The toll roads offer significant time savings and you avoid curfew restrictions. This could be as much as a $400 a load savings in transport cost, not considering loss of equipment time.

Legislation in the Works

SB 372 (Margett) was introduced on February 19, 2005. This bill is sponsored by SCCA.
This has been changed to a two year bill in order to receive a clarification of "Unusually Large and Heavy Loads" that a city may charge an additional fee for engineering, escorts etc. as is stated in this code. Caltrans does charge an additional fee for loads that exceed 17' in height, 15' in width, 135' in length and exceeds 250,000 pounds, which the department refers to as a "variance load." Caltrans charges an additional $50 for engineering and CHP charges an additional fee for their services. We feel that "Unusually Large and Heavy Loads / Variance" are one in the same and localities may charge an additional fee as does Caltrans.
Senator Margett has also sent a request for an opinion from the Attorney General for clarification on C.V.C. 35975 (b), Permit Fees.

ACR 23 (Garcia) Intrastate trucking: traffic congestion resolution was introduced February 22, 2005.
This measure urges the Department of Transportation (Caltrans), in consultation with the cities and counties of the state as well as regional transportation planning agencies, to examine the flow of traffic to develop commercial trucking routes that would provide for the most direct movement through a city and a county in order to reduce the time that trucks are in city limits and county areas and the level of pollution that is created, and would urge cities and counties to incorporate this process as part of the revisions to their general and specific plans.
The Senate Transportation Committee is expected to have the third reading on August 15th.

AB 1351 (Vargas) This bill would institute new procedural requirements to govern the issuance of determinations by the Office of Administrative Law (OAL) that certain rules and procedures issued, used, or enforced by a state agency are invalid because they were not adopted pursuant to procedural requirements of the Administrative Procedures Act (APA). This bill provides the industry with more tools to oppose agencies that do not comply with APA rulemaking requirements.
Industry should consider supporting this bill to eliminate over-regulation and/or unnecessary regulations.

New Law: Assembly Bill 1854

WIPERS ON, LIGHTS ON
As of July 1, 2005, all vehicles are required to turn on their headlights when they continuously use windshield wipers in rain, fog, or snow. Breaking the rule could result in a ticket and fine of up to $96. The prior law required headlight use in the dark, but contained no restriction on driving in inclement weather.
Laws usually go into effect at the beginning of the year, but this one began in mid-year to give motorists time to learn the rule before winter rains. The Department of Motor Vehicles will add the law to its driver handbook and on line immediately.
This new "wipers on, lights on" law is a common sense measure that will save lives. California joins 28 other states that have similar laws on the books.

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