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July 2007
Executive Summary
We work in the most regulated industry in the most regulated state in the union. This report looks at the following changes in the ever-shifting regulatory scene:
- CHP escort demand rising as localities try to shirk their duties and costs
- Clarification on Los Angeles overhang rules and pilot car requirements
- Growth requires more truck routes - City of Palmdale example
- More on new load securement requirements - give this one to all drivers
- No, you can’t drive a heavy equipment down a city street without permits
CHP Escorts – Local Agencies are
Requesting Additional CHP Services
More local agencies are seeking to put their responsibilities for extra-legal loads onto the state by requiring California Highway Patrol escorts within their jurisdiction. We have been operating throughout these localities for years without problems, but now these communities are looking for ways to cut their cost and put the burden on the industry and the state.
We recently attended the CHP’s Commercial Vehicle Safety Summit in San Diego where Commissioner Mike Brown said CHP through increased BIT program fees will be funding an additional 57 new Motor Carrier Specialists in three phases through April 1, of 2008.
During the Executive Stakeholders Roundtable meeting, we asked if any of the additional officers would be assigned to the Caltrans Variance Loads. We explained the delays our industry was experiencing with the shortage of officers in the Variance program and what localities are demanding. The Commissioner was unaware of the situation and agreed they do not have the resources to be escorting at the local level. He requested Deputy Chief Steve Vaughn and Scott Howland, their Special Representative to the Legislature, look into this situation.
Deputy Chief Vaughn commented that he thought this was a Southern California issue and we explained that we were currently dealing with Sacramento and San Luis Obispo Counties on the same topic.
Since the meeting, we received another call from a member who is involved with the installation and transporting of large stainless steel wine tanks. Sonoma County is requiring them to have CHP Escorts. There can be up to a 10-day delay waiting for their services. When CHP escorts are required, it could tie up from 4 to 6 CHP officers, at substantial additional cost for the project involved. This issue is not going to go away. Stay tuned.
City of Los Angeles – Overhang Clarification
We recently were working with a member who received citation for not having a pilot car while traveling through the City of Los Angeles. A member was stopped within the city because their permit stated a pilot it was required for rear overhang of 27’ 5”. The permit was accurate based on the information supplied to the city when the permit was originally issued. This Permit has been that way for years.
After careful review it was discovered that there was an oversight when the Annual Permit was applied for and then issued. LA City measures rear overhang as the “rear exceeding 25 feet beyond the back face of the rearmost tire of the vehicle or combination of vehicles” and Caltrans measurement shows from the last point of support on the trailer. We have two completely different dimensions. That is why the Caltrans Inspection Report is 27’ 5”; it includes part of the trailer, when in reality the back face of the rearmost tire of the vehicle is only 13’ 3”.
LA CITY REAR OVERHANG RULES.
When there is an overhang to the rear exceeding 25 feet beyond the back face of the rearmost tire of the vehicle or combination of vehicles, a pilot car shall accompany the vehicle at all times traveling at a suitable distance to provide protection to approaching traffic and to provide its driver with a clear observation of any damage to the highway facilities resulting from the vehicle’s passage. In no case, shall the rear overhang exceed thirty-five (35) beyond the back of the rearmost tire of the vehicle or combination of vehicles.
The member received a bail notice of $5,000 and after three court appearances, the citation was dismissed.
The city staff, after numerous communications, understood the error and has since issued a new Annual Permit with the correct dimension for rear overhang of 13’ 3”.
We are recommending that industry take the time, review and make sure Annual Permits are accurate and if not, have it corrected immediately. In this case, the LA Police Officer was correct in enforcing what was on the face of the permit and the city issued the permit as it was applied for. This was an oversight that could have been avoided. It is ultimately up to the carrier to make sure that their permit is accurate.
City of Palmdale – More Through
Local Truck Routes Needed
We have recently received several calls from members cited for being off the truck route to make their delivery. Most recently was a heavy equipment transporter who was picking up piece of equipment off the truck route on Ave S just off the Hwy 138. The driver was delivering the equipment just 1.63 miles from where he loaded on Ave S. This was the most direct route, but he was stopped and cited for not being a designated truck route. The officer informed the driver that he should have gone back out to Hwy 138 and went around the other direction and come in from the west. Avenue S is mostly a 6-lane road. If the driver had gone the other direction, this would have added an additional 9.37 miles to the delivery. Our industry is being directed to take longer routes, burn more fuel, increase the cost to consumers and contribute to the existing air quality problems.
The reason there is such a problem is the city has grown rapidly and there is a need to re-evaluate their truck route system. We explained Assembly Concurrent Resolution (ACR) 23 Resolution was passed unanimously by both the Senate and the Assembly to encourage localities to review their master plans and include additional truck routes to encourage efficient goods movements.
California Vehicle Code section 35714 (c) authorizes any commercial vehicle coming from an unrestricted highway, but is only functional when you have a sufficient amount of truck routes or all main arterials to work efficiently.
- CVC 35714 (c) reads in part: …by direct route to and from the restricted highway 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 highway 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 highway for which a building permit has previously been obtained.
Industry’s Solution: The reason this problem exists is there are not enough major arterials or primary routes that should be considered a through truck routes to allow efficient access. If they review the Thomas Guide Map Book, major arterials are listed as primary routes and we are asking the City of Palmdale to consider adding these and others that will help the flow of truck traffic.
Federal Motor Carrier Safety Administration (FMSCA) More on Load Securement as it relates to Equipment Transport – New Federal Rule Enforcement Federal Load Securement Enforcement has begun for equipment transportation. Safety is everyone’s first concern and responsibility, but when rules change, industry must know the rules and/or have a clear interpretation. We have received numerous calls from members not knowing exactly what is acceptable. Some of those members have received warnings and others citations.
CHP is adopting the current federal cargo securement standards that are required by California Vehicle Code (CVC) 34500.3. CHP believes that this proposed rulemaking will enhance the competitiveness of California by eliminating state-only regulations. CHP also believes that this will enhance public safety and promote uniformity of regulations for all motor carriers.
As of January 1, 2007, AB 3011 (statutes, 2007) repealed all statutory authorities to adopt cargo securement regulations, thus rendering current regulations unenforceable. Title 13 Load Securement no longer exists with the passing of the new legislation. However, CHP is currently enforcing the federal cargo securement standard.
Last month we reported the latest, as we knew the rules to read. We recently attended a CHP Commercial Vehicle Safety Summit in San Diego and at one of the break out sessions, CHP discussed the following:
Load Securement – Friction mats adds additional securement credits. Describe as “a device placed between the deck of a vehicle and article of cargo, or between articles of cargo, intended to provide greater friction than exists naturally between these surfaces.” Required to be composed of a material that increases the co-efficient of friction between the article of cargo and the floor of the transporting vehicle.
Example: 980C Loader - The loader is 60,000 lbs.; the weight is divided by ½ which equals 30,000 lbs. of load securement for the use of belting or any other type of friction mat. The maximum load securement rating is now lowered to 30,000 lbs., which means, the load will now need 50 % or 15,000 lbs. of load rated securement per CFR.
Front End Structure rule:
Front End Structure is also referred to as a “header-board” or “bulkhead”.
- Required to be as high as the cargo it is blocking or a maximum of four feet above the floor of the vehicle.
- Required to be as wide as the cargo it is blocking or as wide as the vehicle.
If the front-end structure is being used as part of the cargo securement system, it must meet the performance standards set forth in Sections 393.114(c) and 393.114(d), Title 49 CFR.
CFR 393.114 (c) Strength.
The front end structure must be capable of withstanding the following horizontal forward static load:
(1) For a front end structure less than 6 feet in height, a horizontal forward static load equal to one-half (0.5) of the weight of the articles of cargo being transported on the vehicle uniformly distributed over the entire portion of the front end structure that is within 4 feet above the vehicle’s floor or that is at or below a height above the vehicle’s floor at which it blocks forward movement of any article of the vehicle’s cargo, whichever is less; or
(2) For a front-end structure 6 feet in height or higher, a horizontal forward static load equal to four-tenths (0.4) of the weight of the articles of cargo being transported on the vehicle uniformly distributed over the entire front-end structure.
CFR 393.114 (d) Penetration Resistance.
The front end structure must be designed, constructed, and maintained so that it is capable of resisting penetration by any article of cargo that contacts it when the vehicle decelerates at a rate of 20 feet per second, per second. The front end structure must have no aperture large enough to permit any article of cargo in contact with the structure to pass through it.
When an article of cargo is not blocked or positioned to prevent movement in the forward direction, and the item is longer than 10 ft in length, then it must be secured by two tiedowns for the first 10 ft of length, and one additional tiedown for every 10 ft of length, or fraction thereof, beyond the first 10 ft. An example of this is provided below.
If an article is blocked, braced or immobilized to prevent movement in the forward direction by a headerboard, bulkhead, other articles that are adequately secured, or other appropriate means, it must be secured by at least one tiedown for every 10 ft of article length, or fraction thereof.
As it relates to equipment transportation, with an 8’6” or 8’0” wide gooseneck. When transporting heavy equipment, as long as the load is secured against the gooseneck, you are exempt of the rule of being required two tiedowns for the first 10 ft of length. If you have a narrow neck trailer or do not secure the load against the gooseneck, you are required to have two tiedowns for the first 10 ft of length. The gooseneck must be as wide as the trailer to qualify.
Chaining down Hydraulic Shovels as per
CFR 393.130(b):
CFR 393.130(b), Preparation of equipment being transported.
(1) Accessory equipment, such as hydraulic shovels, must be completely lowered and secured to the vehicle.
We recently had a member receive a citation at the CHP Cajon Inspection Facility for not having a chain over the bucket of a 966 Cat loader. This citation according to the member, who was informed by the court it was a 1½ point violation against the driver.
We have discussed this issue with CHP and are pending an interpretation from the FMCSA for clarification, but until then, they will enforce it as it is written.
Articulation must be restrained as per
CFR 393.130(b)(2):
CFR 393.130(b)(2) Articulated vehicles shall be restrained in a manner that prevents articulation while in transit.
We are pending additional interpretation on this requirement. This section has been interpreted by some to read that each unit of articulation is required to have 4-points of contacts. If you were transporting a 623 Cat Scraper, you would need to secure the head unit and the can separately by 4-points of contacts or 8 chains at a minimum. We understand that this only needs to be restrained, which if secured against the gooseneck it can’t articulate or if the 4-points of contact pulling the load forward and backward in a downward position it secures it from articulation.
In our last report, we gave an example not including friction mat exemptions. We have included uses of friction mats in the example below.
Number of chains needed on a 980C Cat Loader with friction mats example:
Approximate machine weight – 60,000 lbs., the weight is divided by ½ which equals 30,000 lbs. of load securement with the use of belting or any other type of friction mat. The maximum load securement rating is now lowered to 30,000 lbs., which means, the load will now need 50% or 15,000 lbs. of load rated securement per CFR.
(a) Using 3/8 chain (6,600 lbs. rating) and binders (binders must be equal or greater rating)
Chaining forward, rearward, and vertical direction using a minimum of four tiedowns @ 6,600 lbs. divide by 50% equals 3,300 lbs. each times 4 equals 13,200 lbs.
(b) Using 5/16” chain (4,700 lbs rating) and binders over or through the hydraulic bucket and secured from one side of the trailer to the other side of trailer equals 4,700 lbs.
When using Friction Mats, it reduces the number of chains required, which you would need 4 - 3/8” transport system 7 rated chains and binders 13,200 lbs., and 1 - 5/16” transport system 7 rated chain and binder 4,700 lbs. over or through the bucket to secure it to the bed/deck from one side of the trailer to the other side. Five chains (4 is the minimum required) would be required in this example and without the friction mats; you would have been required 7 chains and binders.
Chaining down Hydraulic Shovels
as per CFR 393.130 (b).
Recently a member received a citation at the Cajon Inspection Facility for not having a chain over the bucket of a 966 Cat loader. The court hearing this citation stated the violation carries a 1½ point license penalty against the driver. This is a gray area and we question the severity of the punishment.
We understood that these citations were only to be $35 to $45 fines according to Commissioner Brown, plus possible penalty assessments. We have had two different members receive citations from the Cajon Scales and the fines have ranged from $133 and $300. We are investigating whether it depends on how the officer writes the ticket that made it 1 ½ point count or if the fine is being increased. We spoke to CHP Commercial and were told it wasn’t a point count, yet DMV contradicts what enforcement is telling us. We will continue to monitor the situation.
Proposed California Drivers’
Hours of Service Regulations
- Federal Hours of Service rulemaking / delay / final rules
- California – Vehicle Code Section 34501.2 (requires California regulations to be “consistent” with federal regulations).
Proposed California Rules (Intrastate):
- l12 hours driving in work period (10 hours for flammable liquid more than 500 gallons);
l No driving after 16 hours since first coming on-duty (regardless of most off-duty time);
- Ten consecutive hours off-duty required to requalify for another work period;
- 80-hour 8/day cumulative time period;
- 34-consecutive hours off duty restarts the 80-hour clock;
- Construction material and equipment transportation – 24 consecutive hours off restarts 80-hour clock (state adopts Federal exemption thanks to CDTOA);
- Sleeper berth periods (10 consecutive or two period (one of the two must not be les than 8 hours).
The proposed Rulemaking Package is in the process of being distributed for a second time with a 15-day comment period prior to final adoption.
This information does not represent the industry’s position on this matter - it is the best interpretation that we currently have. As we receive any updated information, we will keep you informed.
Loading, Unloading or Driving Heavy
Equipment on the Public Roadway
We recently received a question from a member who explained that for years they would drive their equipment, a 657 Cat Scraper weighing 152,000 lbs. CVC 35553 is a provision that allows you to load or unload in the street in the immediate vicinity only.
CVC 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.
This section shall have no application to highways which are a part of the national system of interstate and defense highways (as referred to in subdivision (a) of Section 108 of the Federal-aid Highway Act of 1956).
Unless you have a permit from the proper jurisdiction that allows you to road the equipment, you may be cited for being overweight. You need a separate permit from Caltrans when driving under or over a state structure or facility. You are required not to exceed the legal axle weight, 20,000 lbs. per axle and not to exceed 10’ wide. Driving/roading a 657 Cat Scraper, you could receive a citation in the amount of 112,000 lbs. overweight and an approximate fine of $60,480. We recommend using a lowbed to make any necessary moves; it will keep you out of court and is much cheaper overall.
The Special Equipment (SE Plate) exemption only applies to a vehicle or unit, not to exceed 80,000 lbs.
CVC 35780(1) authorizes a localities to issue a permit to allow the following.
- “To operate or move a vehicle or combination of vehicles or special mobile equipment of a size or weight of vehicle or load exceeding the maximum specified in this code.”
Our message to the industry:
“If you have any problems with a local agency and you find yourself asking ‘why we are having to do things this way’ and the agency tells you ‘this is the way we have always done it,’ let me know. We are here to make California transportation operations as smooth and safe as possible.
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 |
