CHP extends agricultural cargo securement exemption

With the temporary exemption from cargo securement regulations for agricultural commodities set to expire at the end of this month, the California Highway Patrol has agreed to renew it for another year until April 30, 2012, or until federal regulations are adopted.

"We are pleased that California Highway Patrol Commissioner J.A. Farrow extended the exemption so that the transportation of agricultural commodities can happen without disruption to harvest," said Andrea Fox, legislative policy analyst for the California Farm Bureau Federation. "This is the fifth year that the extension has been granted and we appreciate the continued support and cooperation by Commissioner Farrow and the CHP."

The California Trucking Association, in cooperation with CFBF and the Agricultural Council of California, requested an additional year for the exemption from the CHP as the Federal Motor Carrier Safety Administration works through the federal rulemaking process to develop regulations specific to movement of agricultural commodities.

California Trucking Association Vice President of Policy Development Eric Sauer said that without the exemption, the CHP and FMCSA could enforce current regulations that were adopted a few years ago, which "would be very problematic for the industry."

"FMCSA is reviewing data and information from testing that occurred. We are hopeful that the data from the testing has a favorable outcome," Sauer said. "The collaborative effort among CHP, FMCSA and industry has been positive throughout the process."

The exemption from the federal tie-down regulations for the 2011-12 harvest season applies to agricultural commodities hauled in bins, boxes and tubs. The information compiled from the monthly reporting data will aid the CHP and the FMCSA in evaluating the level of safety and continued practicality of allowing agricultural haulers to use the cargo securement methods provided by the exemption.

New cargo securement regulations for interstate motor carriers were finalized by the FMCSA in 2004, but California did not adopt the rules until Jan. 1, 2007, when Assembly Bill 3011 became law, Fox said.

Motor carriers who have previously applied for and received the exemption will automatically receive the extension provided they maintain their monthly reporting requirements to the CHP.

"If they have applied for the exemption and received a letter from the CHP, they just need to retain a copy of the letter in their vehicles that indicates that they were granted an extension," Fox said.

CHP suggests that to be in compliance with the new regulations, 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.

With safety the ultimate goal of both agricultural haulers and the CHP, Officer Ty Murray, Commercial Industry Education Program coordinator for the CHP Coastal Division, provided tips to ensure safety on the road during a presentation at the 2011 AgSafe Conference in Monterey. He emphasized the fact that parts and components used to secure cargo must be in proper working order, with no damaged or weakened components.

Murray offered the following suggestions: When tying down a load, make sure the rope is strong enough to secure the weight of the load (working load limit) as required by the federal regulation; stay away from "quick fixes" such as welding broken chain or bolting straps as a means of temporary securement; replace straps that are frayed; and use edge protection between the load and tie-downs to protect from crushing the load, causing the load to be unstable.

He said ignoring these infractions could lead to citations that often add up quickly.

"Ticket price all depends on the county and court. But for most of the violations that could be given, cost could range from $150 to $400 per violation. Some violations could be correctable where others are not," Murray said. "Be careful; we see a lot of crazy stuff out there."

(Christine Souza is an assistant editor of Ag Alert. She may be contacted at csouza@cfbf.com.)