California Trucking Association

The Federal Motor Carrier Safety Administration (FMCSA) is still in the process of reviewing their rule for Ag commodities, the CHP has extended the agricultural commodities exemption from intrastate load securement rules for another year. The exemption has been extended to  4/30/2013 or upon the implementation of the regulatory requirements, which are currently being reviewed by FMCSA . The rules and conditions of the original exemption, granted in 2007, are still in effect.

BACKGROUND

In January of 2007 the California Highway Patrol (CHP) adopted federal regulations for load securement protection against shifting and falling cargo. The new Federal cargo securement regulations are contained in Title 49 Code of Regulations part 393, subpart I. Presently all Motor Carriers (Interstate and Intrastate) must comply with the new standards. However, the CHP will be allowing an exemption to agriculture carriers (ONLY) who follow certain guidelines.  The purpose of the exemption is to allow time for a comprehensive study to be performed to determine if historical load securement practices of the California agriculture industry, afford equal or greater levels of load protection.

To qualify for the exemption each carrier must follow the guidelines below and each motor vehicle must have a copy of the exemption letter (link below) obtained from the CHP.

NOTE: Each individual California carrier who has a CA number must have its own letter. All vehicles that operate under their respective CA number must have a copy of the letter that identifies that the carrier has the exemption inside of the cab.

1. The exemption applies to only the intrastate transportation of perishable agricultural products transported in bins, boxes, and tubs, from the field to the first point of processing or packing.
2.  All cargo shall be properly loaded, and containers properly secured to prevent shifting or load spillage.
3. Prior to utilizing this exemption, each motor carrier shall provide their Name and California Carrier Identification (CA) number, Name and Contact number, and methodology of securement utilized, via facsimile, to the CHP Commercial Vehicle section, Attention Officer Sanchez (916) 322-3154.
4. Motor Carriers utilizing this exemption shall notify Officer Sanchez at (916) 843-3334, within 72 hoursof any deleterious event involving shifting cargo, to include:
   1. Date, Time, and location;
   2. Types of vehicles and cargo containers involved;
   3. Specific cargo securement devices used;
   4. Possible reason(s) for the occurrence;
   5. Motor carrier name and CA Number.

1. A copy of the 2012 exemption (link below) shall be carried in each transport vehicle and presented immediately upon request of an authorized employee of the CHP, sheriff department or local law enforcement agency.

1. This exemption is valid until  2359 hours, April 30, 2013 or until the FMCSA implements the regulatory requirements. However, it may be extended or rescinded with good cause.

1. Failure to comply with or adhere to all conditions of this exemption will result in the motor carrier's removal from the exemption list maintained by the CHP.

MONTHLY DATA REQUIREMENTS:

1.  On a monthly basis, no later than the 15th of each month, motor carriers utilizing this exemption shall report the following information for the previous month, to the CHP Commercial Vehicle Section:

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

             b. Total number of miles driven under this exemption.

c. Total number of on-highway accidents involving loads transported under

    this exemption.

d. Total number of off-highway accidents involving loads transported under

                  this exemption.

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

                exemption.

f. Total number of citations received for a loading violation issued to

                    vehicles operating under this exemption.

g. Total number of citations received for a mechanical violation for vehicles

   operating under this exemption.

h. Total number of citations received for a driver violations issued to drivers

                operating vehicle operating under this exemption.

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

Click on the link below to download a copy of the 2012 exemption letter.

http://files.caltrux.org/files/CHPLetter.pdf