November 27, 2006

1. Annual Permit not required to be an original:
   This was approved and will implemented when the TPMS program is up and running.
2. Annual Permits for 60,000 Pound Tridems for Fixed Loads:
   This was approved and we are hoping to see implementation this summer.
3. Tridem axle spread increased from 10’ 0” to 10’ 4”:
   This was approved and we are hoping to see implementation this summer.

Caltrans – Proposal pending approval

1. Maximum Chart Weight for Fixed Loads:
   We were requested to submit additional documentation and waiting for a response.
2. Laden Multi-Vehicle Combination Annuals and 7, 8 & 9-axle Annual permits proposals:
   These two proposals will be rolled into one. Caltrans will respond back to industry by June 6th after reviewing the routes that we submitted for annual permits throughout the state.

Caltrans – Proposal under discussion in the Workgroups

1. Permitting Load to CHP Scale Facility with excess weight:
   The amount of weight in excess of maximum chart weight is under discussion.
2. 60,000 lbs  Tridem for Cranes:
   This has been referred from the Fixed Load Committee to the Crane Workgroup. Caltrans continues to feel that cranes and fixed loads should be treated different. We can agree that every segment has unique difference, but when it comes to weight traveling done the same highways, traveling over the same structures they should be treated as one and not have different policies.

Caltrans – Proposal submitted to CTPAC Steering Committee

1. Policy for Allowance Weights of Close-Coupled Hydrogas Suspension Cranes:
   This proposal was submitted to the CTPAC Steering Committee for approval to forward to Caltrans for approval.  Caltrans will respond by June 6, 2006.  This proposal was very favorable.

County of Santa Barbara & Ventura               

Over-Dimensional Permit Seminar: 
On May 3rd, we organized an Over-Dimensional Permit meeting at the County of Ventura.  Santa Barbara and Ventura Counties, Caltrans, CHP Commercial Enforcement, local communities and industry were present to discuss the new Caltrans changes that have been implemented this past year and work toward uniformity throughout their counties.

The City of Rolling Hills Estates

We were contacted by a new member importing dirt into the City of Rolling Hills Estates.  The contractor contacted to the City of Rolling Hills Estates out of courtesy only to be told that there was an ordinance in effect that restricted vehicles exceeding 3 tons.  The exact ordinance didn’t state commercial vehicles only, which meant all vehicles.  The route that the contractor was requesting was the most direct route and a main arterial to the project.  We spoke with city officials and were advised to tell the contractor to travel through a residential area in Palos Verdes Estates or go completely around which will add 24,600 additional miles to the project.  CVC 35703 says the law allows for the most direct route:

No ordinance adopted pursuant to Section 35701 shall prohibit any commercial vehicles coming from an unrestricted street having ingress and egress by direct route to and from a restricted street when necessary for the purpose of making pickups or deliveries of goods, wares, and merchandise from or to any building or structure located on the restricted street or for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon the restricted street for which a building permit has previously been obtained.

The contractor made a business decision and ignored the city’s threat that he would be cited. City officials called the Los Angeles County Sheriff Department and the member was cited. The contractor was hauling into the county landfill and because of the continued problem, the county has taken the position to stop accepting material until Rolling Hills Estates is “happy.” 

The ordinance is currently being enforced on a very selective basis, our member only, which opens up an entirely additional situation, discrimination against the contractor.  The contractor asked why his were the only vehicles being cited and was informed by enforcement “it is up to their discretion on who to cite.

”The contractor hired an attorney to defend his rights to travel on a main arterial as does any other vehicle over 6,000 lbs.  CDTOA is having a letter drafted by their attorney to support the member’s position to DOT, Caltrans, ARB and AQMD regarding the gross misuse of local power interfering with commerce.

One example of what can be done came from CDTOA’s May 6th Summer Board meeting. The guest speaker was Annette Hebert, Chief Heavy-Duty Diesel In-Use Strategies Branch, of the California Air Resources Board (CARB), who addressed engine replacement and the 2006, 2007 engines. 

During the question period, we explained that while we are being required to reduce our emissions, we have local officials passing ordinances restricting legal truck traffic, which increase emissions by requiring unnecessary truck miles, requiring truckers to travel great distances through other neighborhoods rather than taking the shortest, most direct routes through their jurisdictions. Ms. Hebert agreed that this is an environmental injustice—diverting traffic (and pollution) out of one community into another. She agreed to see if there was anything CARB could do on the issue.

We were advised to contact an environmental attorney and groups such as the American Lung Association, as they may be interested in this issue.  We made it very clear that this isn’t an isolated incident, that this happened everyday and it is our civil responsibility to let those organizations understand the issue.  This is not one of those issues where we say “let sleeping dogs lie.

”The City Council recently met and concluded through the advice of their City Attorney that CVC 35703 applies to the county not to a city—a very confabulated approach, considering that the code in questions referred to 35703 starts with the sentence “35701.  (a) Any city, or county for a residence district...”  They will continue to enforce this ordinance on our member.We will keep you updated on this critical issue, one which ultimately costs the consumer millions in unnecessary costs and unnecessary emissions.If you have experienced a similar problem and have been routed in any way other than the most direct trip, please contact us at gregdineen@h-e-r-o.org .

City of Norco:

We were contacted by a member who received a form letter from the City of Norco regarding “Out–of –Town Delivery Vehicle Business License Information.  This stated “A City Business License is necessary PRIOR to commencing work in the City of Norco.  A 100% penalty is enforced for non-compliance.”  The city was requesting a $10 processing fee and $35 Business License Tax per vehicle.

We immediately contacted the City Manager to inform them that the Revenue and Taxation Code (Section 7231-7236), makes it very clear that these fees are paid through DMV’s Motor Carrier Permit program.

Taxation Code Section 7233.  No city, county, or city and county, shall assess, levy, or collect an excise or license tax of any kind, character, or description whatever upon the transportation business conducted on or after the effective date of this chapter, by any for-hire motor carrier of property.

We also request any other letters have been mailed or that they expected to mail them that they be rescinded.

County of Sacramento:

On May 11th, we met with county officials, CHP, Sheriff and local industry members to discuss the potential changes that will adversely impact local construction.  For years, the county allowed additional dimensions on annual permit, all without any known accidents or reason to change.  The county stated that over the past 15 years the county permit officials went outside their guidelines and increased permit dimensions.  Here are the proposed changes: 
Annuals – This will cause the hauler and contractor to obtain a single trip permit for every move outside of the new dimensions, where they didn’t have to before.

• Height 15’ from current practice—16’ 6”
  
• Width 14’ from current practice—16’ 6”
  
• Length 90’ from current practice—135’

CHP Escorts – This will add an additional expense for CHP escorts and possibly up to a 10 daydelay for scheduling.

• Height – 17’ + pilot car w/height pole
• Width – 16’
• Length – 120’           

Pilot Car Requirements

The County designated all routes based on road width and which was agreed that they would go back and review the original route list.  It was agreed by all parties that this wasn’t the best idea.

Holiday Moratorium – This actually applies to construction closures, but someone felt it should apply to all construction projects, means no equipment moves

• .4 day Thanksgiving Weekend
• December 8 through January 1           

Void Permits – The problem the county says it is trying to address are loads that are too wide traveling through a construction project.  We presented the scenario of having a legal width load and were actually only over height. If he was involved in an accident within the construction zone, he wouldn’t have a valid permit and some lawyer would eat that up.  We are working on more appropriate language to address their concerns.

• Permit is void in all construction zones

The County has agreed that we submit our recommendations and we would meet again in 2 weeks.

Hazardous Material Endorsement:

We recently had member calls requesting information regarding background checks for commercial drivers transporting hazardous material. Contractors need to be aware of the new regulations required to transport hazardous materials, many members have service and/or fuel trucks or drivers that transport service and/or fuel trucks to and from projects. 

New Hazardous Materials Endorsement Requirements for Commercial Driver's

The USA PATRIOT Act requires all drivers who transport hazardous materials to undergo a security threat assessment. The Transportation Security Administration (TSA), which is part of the U.S. Department of Homeland Security, administers the threat assessment. This rule does not apply to applicants for or holders of a commercial driver's license (CDL) who do not wish to hold a Hazardous Materials Endorsement (HME). 

The Transportation Security Administration (TSA) began the third and final implementation phase of the Hazmat Threat Assessment Program on May 31, 2005 with the fingerprinting of commercial truck drivers applying to renew or transfer the hazardous materials endorsement (HME) on their state-issued commercial drivers licenses (CDL). During phase one, TSA conducted name-based security threat assessments on all 2.7 million licensed Hazmat drivers to determine whether any presented a potential terrorist threat.  Phase two augmented this effort by adding a fingerprint-based FBI criminal history records check and immigration status check for new HME applicants.  This third and final phase will require drivers seeking to renew or transfer their current HME to undergo the fingerprint-based security threat assessment.

The states are not allowed to issue a CDL with an HME until TSA completes the threat assessment and informs each state that the driver is qualified to receive the endorsement. Any current Hazmat driver who has a disqualifying offense prohibiting the holding of an HME must immediately surrender the HME to the State. A driver may then reapply for an HME, or submit a request for a waiver to TSA.

For more information on the federal regulations, including a list of disqualifying offenses, visit the Transportation Security Administration Web site.

What is a Security Threat Assessment Application?
The Security Threat Assessment Program involves checks of criminal history records, immigration records and other federal agency records, on any individuals who wish to apply for, renew, or transfer an HME.  TSA is conducting name-based checks on all drivers who currently hold an HME to identify drivers who present a security threat to the national transportation system.

For more information on the federal regulations, including a list of disqualifying offenses, visit the Transportation Security Administration Web site.

Security Threat Assessment Application

• TSA Application Fee: $94
• You must complete a Security Threat Assessment Application before submitting your fingerprints at an authorized collection site.
   - Online—visit the TSA HazMat Web site at www.hazprints.com
   - By Phone—Call toll-free 1-877-HazPrint (1-877-429-7746)

The TSA is responsible for the screening and the approval or rejection of each background check. You will be notified by TSA if you are ineligible for a HazMat endorsement. For more information regarding disqualifying offenses and the appeal process, visit the TSA Web site at www.tsa.gov.

Fingerprint Collection Sites in California
You start the TSA background records check after you apply for your CDL at DMV, successfully complete all appropriate law tests, and submit a valid Medical Examination Report form (DL 51). Go online www.hazprints.com or call 1-877-429-7746 to make an appointment with a TSA agent. If you go to the TSA’s website www.hazprints.com there is a button at the top of the page “Fingerprint Locations” click and the is presently 15 locations throughout California You must submit a $94 federal fee and any additional required information to the designated TSA agent. The TSA agent will advise you of the fingerprint requirement. You must also provide the TSA agent with a DMV Commercial Instruction Permit and one of the following identification documents:

Appointments are recommended. The fingerprinting process normally takes 10-20 minutes. For more information on the fingerprinting application process, including additional collection sites, visit the TSA Web site at www.hazprints.com or call toll free: 1-877-HAZ-PRINT (1-877-429-7746)

For questions about the CDL renewal process, contact your local CDL DMV office at http://www.dmv.ca.gov/fo/offices/toc_cdl.htm. or make an appointment before you visit a DMV office. You may make an appointment online or call toll free at 1-800-777-0133.

If you have any further questions, please check out our website www.h-e-r-o.org for frequently ask questions.

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