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February 1, 2006
Caltrans
- Proposal pending implementation
1. 60,000 Pound Tridems for Hauled and Fixed:
We are currently waiting implementation. Caltrans has
set target date for March 1 to implement, if they're able
to implement sooner they will.
Caltrans - Proposal pending approval
1 Original Permit Policy:
Caltrans requested additional data from industry as to
the impact this change will have to the state. We explained
that when the new TPMS permit system (that will automatically
issue permits without human intervention) is in effect,
that will leave only permits that require a custom-designed
detour, CHP escort or structure review. This will involved
the issuance of approximately 284 annual permits for the
heavy haul industry. This will also be a saving of approximately
$25,000 annually, which doesn't quantify the savings on
the local level.
2 Maximum Chart Weight for Fixed Loads:
Caltrans continues to review this proposal that would
allow hauled loads and fixed loads to be treated the same
with regard to maximum allowable gross axle weight. Currently,
hauled loads are permitted for maximum axle weights and
fixed loads are limited to actual axle weights with an
additional 700 lbs or 2 % for tolerance between CHP scale
facilities. Caltrans inspection reports issued by Caltrans
inspectors are required of all fixed loads prior to a
permit being issued to travel.
The problem is that things change in the real world. For
example when a crushing plant is originally inspected
and through the day-to-day operation these units accrue
additional weight. The additional weight that is accrued
come from upgrading of jaws, welding heavier wear plates
and many other reasons. These changes that take place
are generally done in the field and the hauler isn't made
aware of the changes and finds himself in a scale facility
overweight, but not actually over maximum weight. Caltrans
will come out and re-weigh the unit and give the owner
a new inspection report, but that has to be scheduled
and takes up time that the contractor generally doesn't
have available. When the crusher finishes on one job it
essential that it gets onto the next project. These machines
don't get paid to sit. We are trying to work with Caltrans
and CHP to be in compliance. We are requesting reasonable
flexibility to operate loads within permitted limits.
Caltrans - Proposal submitted to CTPAC
Steering Committee January 26, 2005
1 Null and Void clarification for
permit requirements.
Industry is experiencing unnecessary and unfair citations
due to the practice of declaring a permit "null and
void" if any one of a wide variety of minor conditions
exist-things that could easily be fixed at the time of
the inspection of the permits-and have nothing to do with
the primary reason for permits in the first place. Local
enforcement agencies are taking this practice to an extreme,
saying when a permit is "null and void" that
the permit doesn't exist and then citing industry as if
they have no permit. These citations run into thousands
of dollars not including the time involved with court
and attorney fees. This practice will continue unless
we address the language. We are requesting to clarify
and provide a more definitive definition for "null
and void" for Caltrans permit accompaniments. We
feel that these violations of a permit may be better served
as an infraction rather than treating it as if the permit
is non-existent. Industry has tried to cope with an ever-increasing
set of interpretations of this program but the level of
regulations has reached unacceptable levels, hindering
the movement of goods and equipment throughout the state.
This is particularly true with local law enforcement,
where we face a gauntlet of 478 city and 58 county enforcement
units, each with their own interpretations of the permit
regulations. We are asking for a rational interpretation
that can accomplish the core goal of the program within
a more limited set of interpretations for both state and
local enforcement agencies.
2. Permitting Load to Scales with
excess weight.
We are requesting that drivers be allowed to take a load
where they are not sure of its actual weight or if it
is positioned correctly on the trailer to be allowed to
go to the scales and make sure he is accurate. The driver
may not even have a problem, but we don't want to see
them citied or Caltrans compliance points taken against
the company for someone that is trying to do it right.
Industry is experiencing more and more that public scales
don't want overweight loads on them or were unable to
maneuver on to the scale. If we are able to go to a public
scale we will, but otherwise we need an alternative and
going out of our way by 20 miles to avoid a citation isn't
the answer.
We are requesting that Caltrans allow a
load potentially in excess of maximum permitted weight
to travel to a CHP scale facility for the purpose of axle
weight verification. We want to work with Caltrans and
CHP to be in compliance. Caltrans currently permits the
load to travel to the scale facility, but then the hauler
must suffer the consequences if they are truly over weight.
We are encouraging Caltrans to treat their scales as a
public service facility and be reasonable as CHP will
enforce what Caltrans will permit.
County of Los Angeles:
We have scheduled an Over-Dimensional Permit meeting at
the County of Los Angeles on February 22nd. Caltrans,
CHP Commercial Enforcement, the county, localities and
industry will be present to discuss the new Caltrans changes
that have been implemented this past year and work toward
uniformity with localities throughout the County.
City of Adelanto:
We were contacted by a member regarding the City issuing
Annual Permits to each vehicle rather than to the company.
We are continuing to work with the city officials. We
have a meeting scheduled for next month
Town of Apple Valley:
The Town of Apple Valley Council met on January 10th and
on the agenda were the following three items that were
related to the Apple Valley Road issue.
1) The first reading of the change to ordinance 12.36,
are as follows.
12.36.080 (b) Exceptions
The provisions of this chapter shall not apply to:
- Passenger buses under the jurisdiction
of the public utilities commission and school buses.
- Any vehicles owned or operated by a public utility,
or by the town, or operating under contract for the
Town with a haul route authorized in writing by the
Town Engineer, or any vehicle used for removal of refuse
under contract with the Town.
- Any Authorized emergency vehicle.
- Trucks directly involved in street improvement projects
on Apple Valley Road between Bear valley Road and Highway
18.
2) Whether to direct staff to mail notification
letters to the affected parties decision to allow the
citations (14) to proceed through the administrative process
The Town Council voted that the citation will stand and
those that were citied for using Apple Valley Road prior
to December 13th, 2005, with the exception that those
that were working on Apple Valley road construction will
be dismissed. Those that were citied will have the opportunity
to request a hearing or in writing why they were using
Apple Valley Road. Those that have bill of laden or any
other documentation showing they were doing work on Apple
Valley Road will be dismissed. Apple Valley Road was posted
"No Trucks over 5 Tons" recently and drivers
were cited. These citations are being heard by Code Enforcement.
3) Approval by Council to form a committee to review current
truck routes.
The Town Council approved the forming of a committee to
discuss additional truck routes throughout the Town. The
Committee will be made up of Town Council members, the
Trucking Industry and concerned residents. The meeting
has been scheduled on February 7th and hoping to have
additional routes within the next 6 months.
We will continue to follow this issue and are hoping that
when the construction on Apple Valley Road is completed
it will return to the original truck route as it was before.
City of Palm Desert:
Working with the Desert Contractors Association (DCA)
member Ken Wood, we are starting to gain ground with the
City of Palm Desert. The Public Works Department has agreed
to recommend to the City Council on February 23rd to open
Fred Waring Dr to truck traffic 24/7. Currently the city
ordinance only allows truck traffic over 5 tons from 9:00
am to 9:00 pm. During those restricted hours truck traffic
has been diverted into other neighborhoods and traveling
more miles contributing to the already pollution problem
in the lower desert.
City of Yorba Linda:
We recently had a member citied in the City of Yorba Linda
because the driver was taking what he thought was the
shortest route to his destination. The driver was traveling
from Fairmont Blvd onto Yorba Linda Blvd and then left
toward the 91 freeway. Yorba Linda currently has no truck
routes that they can actually call their own. They use
Imperial Highway (State Rte 90) and the 91 freeway as
their truck routes. If driver was coming from the 57 freeway
to make a delivery to Paseo Palomas and Yorba Linda Blvd,
which is just past the imaginary center line that would
require industry to travel from the 91 freeway and Weir
Cyn. This route adds 10.5 additional miles to a route,
additional travel time and contributing to the emissions
problem. We are working with city officials on resolving
this issue.
City of Goleta:
With the recent citations issued to our members traveling
through the City of Goleta, we began working with their
Public Works Department on a uniform permit application,
pilot car regulations and the issuance of annual permits.
The city has adopted a permit application that we produced
for them using the City's logo and information. They have
also adopted our recommended uniform pilot car regulation
and starting issuing an annual permit to a company for
15' wide, 16' high and 110' in length, 24/7 travel, up
to Caltrans purple weight (#250,000), for $90 as provided
by state law.
City of Oxnard and Port Hueneme:
We have been contacted by numerous members regarding permit
issues in the City of Oxnard and Port Hueneme area. It
appears that with the increased volume of equipment being
shipped out of the port and the work within the City of
Oxnard their regulations have become a problem. The City
of Oxnard restricts oversized load travel, during the
day from 7:30 - 9:00 AM, 11:30 - 1:00 PM and 3:30 - 6:30
PM. We are being allowed to travel 4 hours during the
day. These are conflicting with those hours of operation
at the port or to the contractors and are creating unnecessary
delays. Annual Permits are issued for a single identical
item and a single route. We are involved in discussions
with city officials explaining the needs of our industry
and are working toward a compromise. This will involve
an ordinance change prior to making any changes.
Hazardous Material Transport:
We were recently contacted by a member that was citied
for not being in compliance with hazardous material transportation
requirements. If you transport your own fuel and oils,
you need to make sure that you're in compliance with the
current Hazardous Material Transportation requirements.
This also applies whether you're having it transported
or driving it on the road. Whether you're using a 3-axle
tractor or a flatbed truck you have a responsibility to
the traveling public. The following are a few of the requirements:
• The drivers must have a Hazmat endorsement on their
driver's license.
• The company must have a current Motor Carrier Permit
from DMV.
• The company must have a Hazardous Material License
from CHP
• MSDS reports and information in possession for
the materials being transported.
• Proper Placards, with correct numbers and not with
dirt so thick you can't see the numbers. If your placards
are faded, get new ones.
• The Fuel Truck / Transport must have their shipping
papers with them and have an emergency response telephone
number for the company that is good 24 / 7, not an answering
machine or pager. Needs to be a 24-hour manned number
to someone in charge at the company to make a decision
in case of an emergency.
• The Fuel Truck / Transport must have the proper
shipping papers / manifest for the products being transported
or the tank must be purged prior to shipping. This paperwork
must include the proper shipping name and identification
number of a hazardous material or its residue and the
quantity of the product. The company must also maintain
a copy of the shipping papers at its place of business
for inspection and retain them for 365 days. The company
must make the shipping papers immediately available, upon
request, to an authorized official of a federal, state
or local government agency at reasonable times and locations.
These items are important because if there is an accident
or hazardous materials incident, the driver may be unable
to speak when help arrives. Fire fighters and police must
know the hazards involved in order to prevent more damage
or injury. Your driver's life and the lives of others
may depend on their quickly finding the shipping papers
and emergency response information for hazardous cargo.
These citations are being written under the CVC 40001
Owners Responsibility (a) it is unlawful for the owner,
or any other person, employing or otherwise directing
the driver of any vehicle to cause the operation of the
vehicle upon a highway in any manner contrary to law.
This is a misdemeanor punishable by imprisonment in the
county jail for not more than one year. For further legal
information, please refer to Title 49 of the Federal Code
of Regulations for the handling of hazardous materials.
The County of Riverside has their own Environmental Criminal
District Attorney and they intend on making sure that
you are in compliance if you're going to be doing any
type of business in their county. If they're not able
to get your attention through fines, they will proceed
with civil penalties. If you're cited you can expect a
thorough investigation of your company to make sure you're
operating in compliance. Violations are considered a misdemeanors
and each violation count is $5,000 plus 170% penalty assessments
or 6 months in jail or both. For example if you didn't
have any of three above you would have a base fine of
$15,000 plus $25,500 in penalty assessments for a total
of $40,500, which would also include two to three years
probation if convicted of any offense related to hazardous
materials. We want to make sure that you don't let your
guard down; this county takes it very seriously, as do
any other jurisdictions.
Railroad Crossings:
We recently had a member that had a driver cited for being
stopped on the railroad tracks. 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 automatic 60-day suspension of your driving
privileges. Their driver has a clean record and now will
find he is unable to drive for 60-days.
There have been a number of accidents involving trains.
Drivers need to know what to do if they should get hung
up or breakdown on the tracks. 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.
Time is at the essence. People forget trains are on tracks,
they cannot swerve and it takes a train traveling 55 mph,
it takes at least a mile to stop.
Please take the time and be sure to inform your drivers,
so as to not fall into this same unfortunate situation.
Port of Los Angeles - On Road
The Port of Los Angeles has adjusted their emission control
standards for the construction industry following a meeting
with the Construction Industry Air Quality Coalition (CIAQC)
but they are still pushing a program for trucking that
is unenforceable and unfair. At the December 12th meeting
we had requested that the on road and off road issues
be handled separately. This was going to be unfair to
the contractors to be responsible for any vehicle over
8501 pounds making deliveries on to their project. The
requirement for "On Road" was going to be "All
on-road diesel equipment shall use ultra low sulfur fuel
(ULSD). On-road diesel equipment shall be equipped with
engines which generate no more than 0.01 gram/brake-horsepower-hour
of particulate matter (PM).
The Ports, which represent 2500 acres, is responsible
for 21 percent of all PM in Los Angeles, Orange, San Bernardino,
and Riverside counties, and that off-road construction
equipment is responsible for only 1 percent of the total
PM. Adding the on-road, which is already covered under
its own regulations, with off-road, only compounds the
responsibilities of the contractor.
We recently met with John Walker, Senior Construction
Manager, along with the Construction Industry Air Quality
Coalition. Walker told CIAQC board members the new standards
will be included in project documents starting July 1
of this year. The majority of the discussion was on-road
and how industry was going to meet the emissions standards
for Tier 2, ultimately they are now are questioning even
meeting the emissionstandards for Tier 1 for off road.
Walker asked if we would be able to work with requirements
of vehicles being 1998 or newer. We explained that we
have owner operators that have made the American dream
come true by being their own boss, owning their own trucks.
These trucks are their livelihood and to think that they're
just going to go out and buy another truck isn't as easy
as it may sound. We asked what about if they are re-powered
and are able to meet the 0.01 gram/brake-horsepower-hour
of particulate matter (PM). He said that would be acceptable.
The problem that we're having with this whole concept
of the Port making their own emissions policy is that,
what other agencies are going to follow suit? We were
asked if we felt our industry is being picked on and I
stated that yes we were be picked on; look at all the
inter-modal operations that are underway at the port and
they aren't being held to this high standard. We have
an enormous amount of traffic coming in and out of the
port going to all parts of the country and the construction
industry is being singled out. The trucking industry is
already being regulated and I think that the port should
allow the regulatory agencies that handle trucks do their
job and not be policed by the port. The port should not
include the trucking industry into this plan, when there
is no conceivable way to enforce it. We will keep working
with the port to try to work on a reasonable compromise.
Caltrans - Haul Routes / Hours of Travel:
We were recently received a call from a member that was
being required by Caltrans to only use Pacific Coast Highway
(State Route 1) in Huntington Beach from 9:00 a.m. to
3:00 p.m. My first question was when did Caltrans start
regulating legal trucks? This was going to require the
contractor to add additional trucks to make up the 25%
loss of productivity for the day, which also means adding
more support equipment to accomplish in six hours what
could have been done in eight hours.
We made several calls to Caltrans to see what could be
done to resolve this problem. After speaking with the
Caltrans Project Engineer it was agreed to allow the contractor
to operate a full 8-hour shift. There will be a savings
to the contractor in time delays and productivity to the
tune of $250,000 and two to three weeks extra time on
the job. The trucking company will now be able to utilized
both the trucks and the equipment required to load the
trucks and at the deliver end. This type of practice takes
place continuously.
If your company is facing these problems
or have others that you would like address, feel free
to e-mail a description of the problem and we will look
into it. gregdineen@h-e-r-o.org .
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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