April 2007

(SB 229) Margett – “Unusually large
or heavy loads” as it relates to local
insurance requirements

For years, our industry been required to submit proof of insurance before transportation permits are. Meeting these requirements is a time-consuming, and in most cases, unnecessary expense. The California Vehicle Code 35782 (b) states that you’re not required to submit insurance proof unless the load is unusually large or heavy load.

CVC 35782 (b) The Department of Transportation or a local authority may not require the posting of a bond as a condition of the issuance of a permit, except that a requirement of extra insurance or other financial security may be imposed as a condition for a permit for unusually large or heavy loads that pose a substantial risk to public facilities.

We recently spoke at the League of Cities meeting in Ontario to explain why there was a need for legislation. We spoke to a group made up of City Attorney’s, Public Works Directors, Mayors and City Council Members. The League agreed to form a committee to review our request for change and report back to their membership in July. James Biery, Public Works Director for the City of Buena Park is the chair. Meanwhile, we continue to work for passage of SB229 to clarify this issue, because this is an on-going issue. For example:

San Bernardino County – Insurance Requirements
Here are the county’s insurance requirements for oversize moving permit for county maintained roads:

1. General Liability insurance must be listed at $1,000,000.
   
2. Auto Liability insurance must be listed at $1,000,000.
   
3. A clause on the insurance certificate under the “Description of Operations” must accurately state that the” County of San Bernardino is listed as additionally insured for both the General and Auto Liability policies.”
   
4. If your insurance provider requires an endorsement confer these rights by, then a copy of the endorsements for both the General and Auto Liability policies is necessary.
   
5. The “County of San Bernardino” with corresponding address information must be listed as certificate holder on the policy with the above-mentioned attributes.
   The county requires both a faxed and mailed copy of their insurance forms to reflect these rules, with all endorsements attached and all wording modified. The county will allow a single trip move based upon a faxed copy of your insurance, but any moves (whether single or on an annual basis) after that require the county receive an original copy of the policy by mail.

The County has agreed with industry that the county standard practice insurance requirements do not apply to transportation permits that are subject to California financial responsibility laws. The California Vehicle Code only requires compliance with Sec 16500.5 and Sec 16020.

San Luis Obispo County – CHP Requirements
We have been working with CHP (at their request) to relax the county’s rules when CHP Escorts were required. Currently all loads exceeding 14’ wide require CHP Escorts, not just one but up to four officers, including a 4-hour minimum. Working with CHP, we discovered 34 routes that were primary roads in the Thomas Guide map book, which would not require CHP until the load exceeded 15” wide. We submitted our requested route list to the county and after review, the county agreed to three. The county requested that we travel the routes that Industry and CHP had requested. We then took the time and traveled all the routes and continue to feel that our request was justified.

We then scheduled a meeting with the county and it was very clear that their minds were already made up. After much discussion the county wasn’t going to budge an inch, I had even requested 14’ 6” before CHP is required, which is actually 3” on each side, NO WAY. We did finally come to a compromise that industry could use local enforcement or even the Fire Department to escorts the loads if necessary.

Contra Costa County – Request Annual Permits
We have been working with both the Contra Costa County Public Works Department and Supervisor Mary Piepho staff for the past year of approval the issuance of Annual Permits. The county only issues single trip permits, for each direction, which affects the entire construction industry. This level of restriction is unimaginable. If you were a company of any size, having a company located in the county would be very burdensome and have costly delays.

Those days will be over soon, we are now going to be working with the county staff to assist in the development of the Annual Permit requirements.

City of Los Angeles – Building and Safety
– Haul Route requirements
We were contacted by a member doing work in the City of Los Angeles who was notified that importing of dirt would be shut down until the 75 trucks importing material onto the project were able to tarp their loads, per L. A. Haul Permit requirements.

Working with Building and Safety, we reached agreement that their current practice was in conflict with the California Vehicle Code (CVC) 23114 (e) (4) and the project was allowed to continue. The city agreed to correct their current language harmonize with the CVC. The city requested our input and adopted the following language:
Loads shall be secured by trimming or watering or may be covered to prevent the spilling or blowing of the material. If the load, where it contacts the sides, front, and back of the truck cargo container area, remains six inches from the upper edge of the container area, and if the load does not extend, at its peak, above any part of the upper edge of the cargo container area, the load is not required to be covered, pursuant to California Vehicle Code Section 23114 (e) (4).

This resolved the problem for our member and other contractors doing work in the City of Los Angeles.

City of Fontana – Request
Issuance of Repetitive Permits
The City of Fontana currently issues Single Trip or Annual Permits. The annual only covers loads within 15’ wide and 16’ high, anything outside of those dimensions must obtain a single trip permit that costs $100 and requires 48-hours notice.

The solution to this problem for our members with facilities in Fontana is a Repetitive Permit. A Repetitive Permit is a route specific and for pre-approved dimensions. We have members that are only trying to get to their facilities from the freeway, but can’t because of the 48-hour rule for these types of loads.

We requested the city allow Repetitive Permits to be issued on specific routes for loads that are within 18’ wide and 18’ high. This would alleviate the 48-hour delay time waiting approval.

City of Indio – Annual Permit changes
We recently contacted by a member regarding Indio’s recently implemented Commercial Enforcement Program. We met with the Public Works Staff, Police Chief and the Commercial Officer to discuss the changes.

• Annual Permits – The new changes would require all Annual Permit holders to notify the city prior to each move pending approval. Public Works is open Monday thru Thursday 8:00 a.m. to 4:30 p.m. and Friday 8:00 a.m. to 12:00 p.m.
  Their concern was road closures due to construction. We requested that Public Works send out weekly notices to all Annual Permit holders notifying them of all closures, to alleviate industry having to call in on each load and taking staff time responding. Public Works agreed with our request and will not require notification for Annual Permit holders.
  
• Peak Hour Travel Restriction – They also want to implement a Peak Hour curfew from 6:30 a.m. to 8:30 a.m. and 4:00 p.m. to 6:00 p.m. citywide. Industry members are located outside of the downtown area and would be restricted from coming and going to their yard. The city agreed to consider our request that the city isolate the areas of concern and restrict them, not the entire city.
  
• Permit Application Form – The city has adopted a standard transportation permit application as per CVC 35781.

City of San Diego – Annual Permits
We met with city officials regarding our request for change to their annual permit requirements.

1. The city agreed to consider 110’ in length, and 14’ 6” in width, but stated this change will require an ordinance amendment to implement if approved.
   
2. We were referred to the Police Department for recommendation on our request for night and weekends movement. Currently, these hours require PD approval prior to permit issuance.
   
3. Continuous/Annual Permits are valid for 1 year at $85
   
4. Annual Permit issued to a vehicle and copies are issued at $1 per copy
   
5. The city agreed to mail annual permits rather that require they be picked up in person.
   
6. The city agreed to eliminate the stamp on face that states “Original Permit Must Remain in the Vehicle”.
   
7. Repetitive Permits will be approved on a case-by-case basis through Ron Halbritter of the Development Services Department for special assistance.

The City made it very clear that they want to continue to keep a business friendly environment.

Respectfully submitted,

Gregory D. Dineen
Industry Transportation Consultant

cc:        John Hakel, AGC                                  D. Cash Benton, SCCA
            Richard Paine, ECA                              Sam Meyer, MCOG
            Richard Lambros, BIA                          Lee Brown, CDTOA
            Aimee Shook, DCA                               Jeff Hunter, CTTA
            Michael Vlaming, COA                         Michael Lewis, CIAQC
            Doug Ball, SC&RA