March 2008

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:

• Caltrans – Transportation Permits Management System (TPMS)
  cancelled after 7-year effort
  
• City of Los Angeles – Meeting with Commissioner Ernesto
  Cardenas, DOT, BSS, Public Works
  
• City of Hemet – Permitting legal trucks, faxing permit
  
• City of Hesperia – Truck Parking being regulated
  
• North Los Angeles County Truck Study – Truck Routes and Parking
• Port Hueneme / Ventura County Truck Study – Truck Routes
  
• San Joaquin County – Annual Permits and Pilot Car requirements
  
• City of West Hollywood – $360 transportation permit fees, 72 hours notice
  
• City of Yorba Linda – Permitting legal trucks
  
• Dispatch Trucking – Event brings awareness to the Owner-Operators

Caltrans - Transportation Permits Management System (TPMS)
Cancelled After a 7-year Effort
Caltrans and Bentley Transportation had been jointly working together on this project for the last SEVEN YEARS…last week Caltrans announced the program was not going to be implemented. The state spent more than $10 million on the software, which was supposed to give the oversized/heavy-haul industry an automated permit system.

In 1999 and just prior to that, there were seven bridge hits, including one fatality, attributed to permit writer error. Legislative hearings and a Bureau of State Audits were conducted prompting the Department of Transportation to take necessary steps to eliminate accidents caused by routing errors. The existing system was found to be too labor intensive and subject to human error. The TPMS project was initiated in October 1999 which stemmed from a fatal accident that occurred with an over-height load in the Fullerton area.

The new system was suppose to automatically issue permits that did not require a local agency permit in the middle of the State route, CHP escort, and structure review and meet all other permit related rules. TPMS was expected to issue 20% of all transportation permits automatically, in less than five minutes. As the program progressed it should have handled 55-70% of all permits.

Caltrans’ Single-Trip Application and Routing System (STARS) have been used for years and industry will be insisting that the current system be updated.

City of Los Angeles – Meeting with Commissioner Ernesto Cardenas,
DOT, BSS, Public Works, Regarding Street Use and Transportation Permits
The meeting was well attended and included Ernesto Cardenas, Commissioner, Jim Gibson, Executive Officer, Susanne Scheideker-Cook, Special Projects of the Board of Public Works, Roy Kim, Sr. Transportation Engineer, of the Department of Transportation (DOT), Jerry Weir and Karen Bouri of Bureau of Street Services (BSS) and Industry.
The city is proactively working with industry, discussing what problems that we’re having and what they can do to assist resolving them. The city wants to be the customer of choice and is striving to work toward that through building a strong, business-friendly environment.
This is a great thing, because through our Ad-Hoc Transportation Committee, we found that there was a conflict in the rules between the City’s Departments. The DOT and BSS rules are not seamless as you will see.

Central Business District Restriction –
We recently had a crane operator member cited for not having a valid transportation permit because their permit was only valid from midnight to 6:00 a.m. The Street Use Permit wasn’t valid until 7:00 a.m. and there was no place to park, so they made a decision to travel after 6:00 a.m. to be on the jobsite by 7:00 a.m., not a good choice as things turned out.

This issue was discussed and DOT responded that they didn’t have a problem with the Street Use Permit starting at 6:00 a.m. They didn’t feel that there was any impact between 6:00 and 7:00 a.m. This would allow the crane to arrive at the project and set up in the street and not be in violation. There is one more part to this and that is the LA Mayor’s Order that doesn’t allow construction in the street during peak hours. In this case, an exception is being requested for those hours on a certain project, and normally these exceptions are approved. For future work, it will be up to the contractor to make the exception request for a 6:00 a.m. start time in advance, not after the fact.

Import Export –
We discussed the import and export problem facing contractors. Currently they are only allowing 9:00 a.m. to 3:00 p.m. on most projects. It is very difficult to export dirt to the Puente Hills Landfill when most of the time they are closed by noon. Otherwise you have to take it to a landfill that charges to take dirt and is further away, increasing costs, wastes fuel and contributes to unnecessary additional emissions which all affects the bottom-line. Drivers are also being affected; they are on the road traveling 3-4 hours getting to and from the job “personal conveyance” and than only able to work 6-hours. We are being told that this is in effect in the hillside areas, as shown on their website www.navigatela.lacity.org/common/mapgallery/pdf/hillsidearea30x40.pdf. We informed them that it isn’t always true; when work was being done at the Staples Center they regulated truck hours. We were told to talk to the District Engineer and they should be able to work with us as long as it’s not in the hillside area.

Restrictive Production Schedules –
We were informed that neighborhood groups were trying to limit cycle time to 10 minutes for each truck. Currently depending on the load cycles, you can load a truck every 1½ to 2 minutes. It was expressed that it is hard enough to do business in the city with adding any additional restrictions.

Truck Staging Areas –
The city has been issuing citations for trucks that are staging in restricted areas. Through discussion, we were made aware that prior to projects starting, the contractor is given maps to show where trucks can and can’t stage prior to starting work in the morning and this information is not filtering down to the haulers. We were asked to inform the industry that this process has been in place for sometime, so check with your contractor prior to the project starting. If you continue to have problems, call me.

We agreed to develop a flow chart showing start to finish on obtaining a permit and see where things may be bogged down and also include contact information for each one of those departments. We have been asked to assist Public Works on this project.

This was a very beneficial meeting and we will continue to meet to work out issues that were not discussed. If you have any issues or questions, please give us a call.

City of Hemet – Permitting Legal Trucks, Paying for Permits Over the Phone
We were contacted by a member doing work in Hemet who said they were required to obtain a $90 transportation permit for each truck. When we contacted the city, we were told that any truck leaving the state highway was required to obtain a transportation permit to travel on city streets.

We then contacted the City Engineer and informed him that there may be a misunderstanding regarding the city issuing permits for legal trucks. He was very concerned and said he would look into the problem. The following day our member was informed that they would no longer be required a permit unless they exceed legal load limits.

The city also doesn’t allow faxing of transportation permits; you have to pick up your permits in person or a pay a permit service to pick it up. We asked if there was a way for industry to pay by credit card or open a charge account. The city was receptive and agreed to discuss the issue with their finance department.

City of Hesperia – Truck Parking Restrictions in a Once Truck-Friendly City
We recently attended a City of Hesperia Planning Committee Meeting at the request of the California Dump Truck Owners Association (CDTOA) and calls from members. There were close to 300 concerned truckers that were going to be affected by this potential ordinance change. The meeting started out with the Planning Commissioners asking the questions of staff. The majority of the Commissioners made it very clear at the time that they had concerns with much of the staff recommendation.

We have several members that live in the Hesperia area and are going to experience a change that will affect where they park their trucks or motor homes. This change, being discussed currently in front of the Planning Commission, will eliminate the current two-hour parking rule, because city Code Enforcement only works 8:00 a.m. to 5:00 p.m. When they go home at 5:00 p.m. the truck could have just parked and they don’t know if it was only there for the two hours or not, so it is easier for them just to eliminate parking all together. The restriction would apply to motor homes throughout the city.
Some of the suggested changes were:

• Increase the size of the lot from ½ acre to one acre and limit to one truck.
  
• Eliminate parking on adjacent lots that you may own.
  
• Eliminate multi-vehicles parking on any lot.
  
• Prohibit all truck parking
  
• Eliminate two hour parking
  
• Eliminate street parking permits
  
• Restrict parking in front/side yards.
  
• Equipment maintenance not permitted
  
• Restrict parking for recreational vehicles over 25 ft. in length.

There was discussion that all existing lots with trucks or motor homes would be “grandfathered” in, but there were those that have invested in their property to sell to the next buyer that has the need for truck parking.

Participants said repeatedly that the city has an ordinance already and that it just needs to be enforced, not make more rules when they’re not enforcing the ones that they have. Hesperia has always been a truck friendly community and that is the way they would like it to stay. The Planning Commission demonstrated some compassion toward industry concerns and questioned the staff’s recommendation, but it will still need to go to City Council for the final decision.

The next meeting is scheduled for April 1st , 2008.

North Los Angeles County Truck Study – Truck Routes and Parking
We recently met with the cities of Palmdale, Lancaster, Santa Clarita, County of Los Angeles, Los Angeles Metropolitan Transportation Authority and traffic management consulting firm, Iteris Inc.

There were several items discussed:

• Preferred truck routes in the North LA County – Industry submitted a list of route for approval, which would make their truck routes more efficient.
  
• Truck intrusion on non-truck routes – When the new routes are implemented this would resolve this issue and anything left would be covered within the California Vehicle Code (CVC) 35714(c).
  
• Truck safety – This discussion was very lengthy, we were fortunate to have an Industry Safety Director present with a lot of important input. Industry was being asked about any traffic hazards that there maybe such as bad intersections, accident prone areas etc. Industry responded with numerous areas that they will look at in the future for possible improvements.
  
• Truck parking issues including what benefits truckers and potential impacts to communities – We discussed the future of potential new truck stops. We suggested a partnership and incentives to prospective businesses. We also suggested that they look at areas in Lancaster and Palmdale that would be reasonable sites for a truck parking facility and put the land owner and potential truck parking business together. The city could reduce the permit fees and help facilitate the process.
  
• Truck route signage – This discussion went from adding more truck route signs to only putting up restricted sign or signage at the city limits stating no truck parking in residential areas.
  
• Communications, traveler information and use of technology in trucking operations – We discussed what technology was available to the trucking industry where they could call or get on the Internet to obtain road and weather conditions. The issue was sand storms on Hwy 14 and the general vicinity and also snow closures on I-5 and Hwy 14.
  
• Truck regulations/coordination with government agencies – There was discussion whether there was a specific clearing house that localities could send information to, such as truck routes, closures etc.
• Inclement weather alternatives – It was recommended that signage boards be used to warn drivers ahead that there is possible road closure due to wind, bad weather or accident before entering into the Antelope Valley.

The meeting was very well represented by the trucking industry. The local communities were very receptive to the comments and suggestions that Industry recommended. Throughout the meeting safety was emphasized near and around schools, shopping centers and anywhere children were.

When the meeting ended, we were approached by the City of Lancaster requesting that we submit a list of recommended truck routes.

Cities of Port Hueneme / Oxnard Truck Traffic Study – Truck Routes
We recently met with the Traffic Study group in this area which included representatives from the Navy, the Port, the City of Port Hueneme, Oxnard, Ventura, the Ventura County Transportation Commission, Southern California Association of Governments (SCAG), Greg Dineen & Associates and the IBM Group another traffic management consulting firm hired by SCAG.

The Truck Traffic Study is primarily truck traffic in and out of the port. The Port has a million tons of cargo a year and to everyone’s surprise the Navy Port has one billion tons a year, mostly shipped by rail.

We want to make sure that local routes are not decreased and as we express to all agencies, when you limit routes, you are increasing truck volume in a concentrated areas. The California Vehicle Code (CVC) allows for trucks to make their delivery and pick ups by the shortest route and most direct route off an unrestricted route, so if they limit the number of accessible routes, trucks will have to travel further. We hope the CARB takes notice of these practices and intervenes.

San Joaquin County - Pilot Cars Requirements for
Width and Reducing Annual Permit length
The County recently requested data from other agencies throughout the state to see how other agencies are permitting heavy equipment. It wasn’t until recently that the County started implementing an old rule that over the years wasn’t recognized or enforced and which was two pilot cars required for loads exceeding 12 ft. wide. They also had a rule that an Annual Permit could only be issued to vehicles less than 95 ft. They had been currently issuing 9-axle Annuals for years up to 110 ft., which now they suggested they were going to stop issuing 9-axle Annuals.

We were requested to supply data to the County along with local truckers in the area information on other localities. We are hoping that this issue will be resolve soon.

The City of West Hollywood – $360 Transportation Permit Fees & 72-Hour Notice
We had several members contact us regarding excessive transportation permit fees for additional services that the city wasn’t providing. The city does not have the authority to charge any additional fees, which has recently been clarified through legislation. We are seeing local governments charging for such things as notifying the Police Department, Fire Department, route reviews – just anything to justify additional charges. Industry doesn’t have a problem with any city taking additional steps or adding additional duty for city employees; we have a problem with this being done to invent new fees.

The California Legislature has recently clarified the fee limitation as it related to special services in with the CVC 35795 (b)(3) which then refers to California Code of Regulations, Title 21 Section 1411.3 states very clearly that “a local authority shall be governed by the criteria.”

CVC 35795(b)(3) For purposes of determining whether, under paragraph(2), special services are necessitated by an unusually large or heavy load, a local authority shall be governed by the criteria set forth in subdivision (b)of Section 1411.3 of Title 21 of the California Code of Regulations.
The city also included in the permit fee to charge an additional fee because they might have to load in the street. Our legislature had the insight to see this exact potential problem, which they refer to as an encroachment permit. Even if it maybe considered encroachment in the street, CVC 35553 clearly states that loading and unloading in the street is authorized.

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.

We are currently awaiting a response from the City Attorney, who originally responded to let us with a memo wrongly supporting additional fees. He apparently did not do any research.

City of Yorba Linda – Permitting Legal Trucks
We had a member working in the City of Yorba Linda and were informed that he was required to purchase permits for each truck traveling off the truck route. Because there were signs posted that stated 7 ton limit, they felt they could charge for a permit. We have had this conversation in the past for this exact situation. We have asked Public Works to let the contractors know that they are not required to have a permit for a legal truck and to stop accepting payment. This city has also agreed to reimburse the contractor.
Legal trucks are not required to obtain a permit to travel on any public roadway. These are not toll roads, so tolls are not due. If an agency required you to obtain a permit for a legal truck, they do not have the authority.

CDTOA Invited to Dispatch Owner-Operator Fair
On March 1, we attended a “Pullers Fair” at Dispatch Trucking’s yard in Fontana, along with Diana Retteria of AADT/CDTOA. Some 70 owner-operators showed up for this four-hour event on a Saturday. The fair was designed to increase owner-operator awareness of industry issues including, CHP safety regulations, pre-paid legal services, CARB regulations and permit issues.

We began our discussions with illustrations of the benefits of being a CDTOA member and what is going on in the CDTOA Heavyhaul Conference. We explained that with all the constantly changing rules and requirements, staying informed are critical to both a large and small businesses survival.

Dispatch Trucking is to be commended on providing this kind of forum for their owner-operator partners and it is something that all large companies – trucking and construction – should think about doing to benefit those with whom they do business.

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.” -- Greg

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