VASCM: From CAWG: New State Ag Cargo Securement Regulations

[Mary Lindsay]

Forwarding from the California Assn. of Winegrape Growers (CAWG): news 
about new state requirements for transport of agricultural cargo. Note 
the exemption, which is the part probably most applicable to us.
- Mary Lindsay

 

California Association of Winegrape Growers

June 20, 2007

Dear Regional Associations,

 

 

 

New ag cargo tie-down requirements to protect against shifting and 
falling cargo are part of recently adopted state regulations that will 
allow the state to comply with federal requirements and maintain 
eligibility for millions of dollars in highway safety funds.  At issue 
is how the new requirements will impact the efficiency and cost to 
transport crops in bins, tubs and boxes.  Many of the methods for 
securing agricultural bins, tubs and boxes - methods that have been 
safely and efficiently utilized for decades - will no longer be allowed 
and equipment will have to be retrofitted or alternative methods 
developed. Failure to comply with the new requirements will result in 
ticketing by the CHP with each violation subject to a fine of $700.

 

Earlier this month, a number of agricultural organizations requested an 
exemption from the new cargo securement standards.  An exemption was 
granted yesterday under the following conditions:

    * The exemption is only for intrastate transportation of perishable
      ag products transported in bins, tubs and boxes from the field to
      the first point of processing or packaging. 
    * All cargo must be properly loaded and containers properly secured
      with methods previously and successfully used to prevent shifting
      or load spillage.
    * Before utilizing the exemption, EACH motor carrier must request
      the exemption and provide their name; California Carrier
      Identification (CA) number; name and contact number; and,
      methodology of securement utilized via fax to:  CHP Commercial
      Vehicle Section, attn:  Officer Russell Lunley at (916) 446-4579.
    * A copy of the exemption must be carried in each vehicle and
      presented immediately upon request of an authorized employee of
      the CHP, sheriff department or local law enforcement agency.
    * Motor carriers utilizing the exemption must notify CHP within 72
      hours of any deleterious event involving shifting of containers or
      loss of cargo.
    * The exemption is valid only until December 1, 2007.  It can be
      extended or rescinded for good cause.
    * On a monthly basis, no later than the 15th of each month beginning
      July, 2007, motor carriers utilizing the exemption must report
      information for the previous month that includes among other
      things:  the number of loads by container type under the
      exemption; the number of miles driven; the number of on-highway
      accidents involving loads under the exemption; the number of
      off-highway accidents; the number of driver hours; and, the number
      of driver violations.  

 

The ag industry has agreed to work with the CHP to conduct a safety 
review of the previous cargo securement methods, including en 
engineering study to test the methods and the development of alternative 
methods of compliance.  The information from the new required monthly 
reports will contribute to the assessment of the safety of the previous 
methods.  Combined, the results of the safety review and engineering 
study will provide the basis for seeking a formal interpretation request 
and ruling of acceptability from the Federal Motor Carrier Safety 
Administration (FMSCA) no later than December 1, 2007.

 

CAWG will be testifying at a CHP hearing about the new standards next week.

Thank you,

Karen Sig

Karen Ross

President