Agriculture Today - July 2007

California Highway Patrol develops exemption to new tie-down regulations

Farmers and ranchers must apply for exemption and submit monthly reports

Earlier this summer, the California Highway Patrol began implementing new federal regulations governing how loads of harvested agricultural products are secured for transport.

Just recently, the CHP agreed to an exemption from the new tie-down regulations for the 2007 harvest season for those commodities hauled in bins, boxes and tubs. This exemption has been provided to allow for an evaluation on the methods of securement used in the agricultural industry. Farmers and ranchers must apply for the exemption, though, and submit monthly reports detailing items such as number of loads tied down under the exemption, miles traveled, driver hours, and the like.

This exemption applies to the intrastate transportation of perishable ag products transported in bins, boxes and tubs, from the field to the first point of processing or packing. All cargo shall be properly loaded, and containers properly secured to prevent shifting or load spillage.

The Exemption was developed to contend with recently passed federal and state legislation that created regulations banning the use of corner irons, cleats and longitudinal binders and cables to secure agricultural loads. The only approved method allowed under the current regulations to secure loads is the use of lateral straps every 10 feet, which many in the agricultural industry believe to be ineffective and dangerous when hauling bins, tubs and boxes.

"As a result of these new regulations, there has been much confusion among producers and transportation companies," said Ryan jacobsen, FCFB executive director.

To help alleviate some of the confusion, here is a brief outline of the components to comply with the exemption and new regulations:

1. Each motor carrier hauling agricultural products must apply for an exemption. Exemption applications should be faxed to the CHP Commercial Vehicle Section, attention Officer Russell lumley at (916) 446-4579.

a. The application needs to include the following information: the motor carrier's name and California Carrier Identification number, contact information, and method of cargo securement (i.e. corner irons and cables).

i. A copy of the exemption needs to be placed in each motor vehicle covered by the exemption. It must be made available to any law enforcement official upon request.

2. Monthly reports need to be submitted to CHP no later than the 15th of each month. Reports should be sent to CHP Commercial Vehicle Section, Officer Jason Golenor, CHP; fax: (916) 446-4579 or email: jgolenor@chp.ca.gov

a. The monthly reports need to contain the following information:

i. Total number of loads by container type (bin, tub or box) transported under this exemption.

ii. Total number of miles driven under this exemption.

iii. Total number of on-highway and off-highway accidents involving loads, transported under this exemption.

iv. Total number, by month, of driver hours for loads transported under this exemption.

v. Toal number of citations received for a loading, mechanical and/or driver violation issued to vehicles operating under this exemption.

vi. Total number of all other citations issued for vehicles operating under this exemption.

Please note: In case of any accidents or fallen cargo, motor carriers operating under the exemption shall notify Officer Jason Golenor, CHP Commercial Vehicle Section st (916) 445-1865, within 72 hours with the following information:

• Date, time and location;
• Types of vehicles and cargo containers involved;
• Specific caargo securement devices used;
• Possible reason(s) for the occurence;
• Motor carrier name and CA Number.

This exemption expires on December 1, 2007. CHP will revoke the exemption for any motor carrier that fails to comply with, or adhere to, all conditions of the exemption.

During this timeframe, California Farm Bureau Federation staff will continue to work with CHP and Federal Motor Carriers to develop adequate safety studies to determine the best possible method of securing cargo.