Individual CHP approval needed for tie-down exemption
Issue Date: June 27, 2007
By Christine Souza
Assistant Editor
Without an exemption letter from the CHP, this ag hauler would not be in compliance. The unitized load must also contain four securement straps secured from side to side, two for the front of the load, one in the middle of the load and one at the end.
While haulers of peak-of-season produce such as tomatoes and tree fruit were scrambling to figure out how they could retrofit trucks to meet new tie-down standards, the California Highway Patrol announced on June 19 that agricultural haulers of perishable products are temporarily exempt from the new cargo securement regulations.
The announcement was made official by the CHP during a Load Securement Regulations Workshop hosted by the California Farm Bureau Federation.
"Public safety is our No. 1 concern," said Emily Robidart, CFBF director of farm policy. "When the Federal Motor Carrier Safety Administration created these regulations, they did not perform studies that considered the way California's farmers and ranchers move their products.
"We have a great track record, so we needed some time to perform safety studies to demonstrate that," Robidart said. "This exemption gives us the time to determine the safest possible method to move bins, boxes and tubs, and get trucks retrofitted, if need be."
The temporary exemption allows haulers to continue using current methods for securing agricultural loads through this year's harvest season; however, to be considered exempt, haulers must first submit certain information via facsimile to the CHP Commercial Vehicle Section, as summarized below.
During the Load Securement Regulations Workshop, Sgt. Jim Epperson of the CHP Commercial Vehicle Section said his division plans to turn the submitted information around quickly so that haulers will have the letter of approval. A copy of the exemption letter must be carried in each transport vehicle and presented immediately upon request of an authorized employee of the CHP, sheriff's department or local law enforcement agency.
"If you get the required information to us, we will send your exemption letter right away. We will have to check to make sure the data that we are looking for is there, but we'll send it right back to you," Epperson said. "Each transporter must have a copy of the exemption letter that matches up to that California Carrier Identification number and pertains to that truck."
The exemption applies to intrastate transportation of perishable produce transported in bins, boxes and tubs, from the field to the first point of processing or packing. All containers, whether loaded or empty, must be properly loaded and secured to prevent shifting or spillage.
As a condition of the exemption, agricultural haulers must notify the CHP Commercial Vehicle Section of any accident or other event involving the shifting of containers or loss of cargo. In addition, on a monthly basis, haulers must provide CHP with the following:
- Number of loads by container type (bin, tub or box).
- Number of miles driven.
- Number of on-highway and off-highway accidents.
- Number of driver hours by month.
- Number of citations received for loading, mechanical and driver violations.
- Number of all other citations for vehicles operating under the exemption.
Failure to comply with the conditions of the exemption will result in the removal of the carrier's exemption, Epperson said.
Ron Yoshimura, who purchases peaches for California Fruit and Tomato Kitchens in the Central Valley, attended the Load Securement Regulations Workshop and said he is pleased about the exemption.
"Growers started harvesting peaches in Kingsburg this week so I am very relieved with the exemption, but we have to carry on past this. This impacts the trucking industry, but it also impacts growers," Yoshimura said.
As part of the Load Securement Regulations Workshop, agricultural haulers, growers, produce buyers and others received instruction on how to be in compliance with the new regulations once the exemption is lifted. The cargo securement regulations are federal standards that the state adopted last year with the passage of Assembly Bill 3011.
To be in compliance with the new regulations, CHP suggests that cargo be categorized as single, multiple or unitized. A tractor would be a single unit, 48 plastic bins of fruit that does not have a tie-down around its perimeter would be multiple and one fiberglass bin of tomatoes would be unitized.
For a load of bins containing apples that are not unitized, each row of stacked bins must be secured with a strap that is anchored to one side of the trailer, goes over the top of the stack and is then anchored to the other side. The front row of stacked bins requires two straps because the vehicle lacks front-end structure.
For a load of bins that are unitized or secured as a solid unit to the trailer by a perimeter tie-down, the working load limit, or amount of pounds of pressure a tie-down can handle, must be determined. This must be 50 percent of the total weight of the load. A unitized load also requires two straps over the front row of bins, and then one strap placed every 10 feet. If the loaded product is higher than the sides of the bins, it must be covered.
Although hay is not included in this temporary exemption, the exemption for farmers hauling hay for their own business purposes still stands. Additionally, officials from the Federal Motor Carriers Safety Administration expect to issue a new rule dealing with the transport of hay this year, bringing hay haulers closer to the previous securement methods. This process should be completed in the fall, Robidart said.
Certain articles of cargo including logs, dressed lumber, heavy vehicles, equipment and machinery, fall under the "commodity specific" loading requirements.
The temporary exemption, which applies to intrastate haulers of perishable agricultural products, was authorized by the CHP and the Federal Motor Carriers Safety Administration. Farm Bureau and other ag groups worked with the governor's office and state legislators to find a solution.
"There is still much work to be done to ensure that the public is safe, and that fruits, vegetables and other agricultural products can get to their destination safely and efficiently," said Robidart. "We also want to make sure this issue is appropriately addressed in time for the 2008 harvest."
Due to concerns over potential public safety issues, Farm Bureau sought a temporary exemption to perform adequate studies, Robidart said. As part of the exemption agreement, the agriculture sector will collaborate with the CHP to develop safety studies to show that California's practices for securing cargo meet the federal requirements. Deadline to submit the safety studies is Dec. 1, at which time the exemption is lifted.
To request an exemption from the CHP, each motor carrier must provide their name, California Carrier Identification number, contact number and method of securement currently being used, via facsimile, to Officer Russell Lumley at the CHP Commercial Vehicle Section at (916) 446-4579.
How to secure loads
These examples, from the California Highway Patrol, show how to protect against shifting and falling cargo for hauling bins of produce, whether in multiple bins or boxes or bins that have been unitized or secured as one unit of cargo. Ag haulers of perishable products must retrofit trucks to meet these standards by next harvest season unless the temporary exemption is extended past Dec. 1.
Example 1: Multiple Articles
1. 4x4-foot bins loaded with apples
2. 48 bins at 500 lbs. each
3. 4,000 lbs. per row, 24,000 lbs. total
Two straps first row (first 10 feet)
One strap each row thereafter
Each strap rated with a working load limit of 2,000 lbs.
Example 2: Unitized
1. 4x4-foot bins loaded with apples
2. 48 bins unitized to a single article
3. Cargo is 24 feet long
Two straps first row (first 10 feet)
One strap each 10 linear feet
Total working load limit of straps must equal at least 12,000 lbs.
(Christine Souza is a reporter for Ag Alert. She may be contacted at csouza@cfbf.com.)
Permission for use is granted, however, credit must be made to the California Farm Bureau Federation when reprinting this item. Top