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An Examination of Selected State Cargo AN EXAMINATION OF LOAD SECUREMENT LAWS IN SELECTED STATES PERTAINING TO THE USE OF TRUCK TARPS FOR THE HAULING OF AGGREGATES Prepared for CalCIMA California Construction and Industrial Materials Association 1029 J St., Suite 420 Sacramento, CA 95814 March, 2007 Prepared by Sharon Prager e concepts San Mateo, CA (650)579-5839 [email protected] TABLE OF CONTENTS PAGE FORWARD………………………………………………… 3 EXECUTIVE SUMMARY…………………………………. 5 INTRODUCTION…………………………………………. 7 METHODOLOGY………………………………………… 9 FINDINGS…………………………………………………. 11 RESULTS AND CONCLUSION…………………………... 40 APPENDIX………………………………………………… 42 2 FOREWORD When I started this truck tarp study I was warned that reading state statutes on load securement could serve as an inexpensive sleep aid. Yet, while this venture has often veered between fascinating and frustrating (and sometimes both at the same time), it has never been boring. Although many laws are similar, states differ in their approach, actual practices, and enforcement. In common with many other ordinances, decisions whether to cover dump trucks reflect the shared interests and common values of the residents who live in these jurisdictions. From an expert’s point of view, sometimes such laws are a response to fictions more than realities, but in a democracy it is difficult to deny the legitimacy of public opinion. From both the perspective of the public and of the trucking and aggregate industries, Walter Lippmann may have said it best: “Looking back we can see how indirectly we know the environment in which nevertheless we live.” If this study helps illuminate issues that directly affect the performance of the trucking and aggregate industries in the public arena, then it will have helped make a contribution. This study could not have been written without the enormous input, information, and insights from a large number of people around the country and in California. Their companies and organizations are listed under “Acknowledgements” in the Appendix, but that doesn’t do them justice – all of these individuals are remarkably intelligent and interesting, AND returned my phone calls! Thank you so much for your time and thoughts. Finally, because this study is a rare example of being almost entirely based on anecdotal, as opposed to quantitative data, I have felt an enormous responsibility to present the information as accurately and as fairly as possible, especially given opposing viewpoints. Certainly there is much more to say, but I hope that part of this paper’s purpose will be to progress the conversation. 3 The opinions, findings, commentary, and conclusions expressed in this study are strictly those of the author and are not intended to reflect or represent those of CalCIMA, nor of any individual, company, or organization interviewed for this report. 4 EXECUTIVE SUMMARY The goal of this study was to sample a selected group of states for the purpose of examining truck tarp laws and statutes specifically related to hauling aggregates. The research focused on three objectives: 1) collection and analysis of state laws and regulations primarily to determine background, context, and legal stipulations; 2) survey actual daily practices and enforcement, and 3) identify the implications of such laws and reveal recognizable trends. The following results were obtained: Of the 15 states examined, five (one-third) have laws mandating the use of truck tarps; seven (nearly half) have no mandate but were mostly using tarps – termed “de facto” tarp states for purposes of this study; and three had no mandates (one-fifth), although that is subject to change. Local city and county ordinances often drive both mandated and “de facto” state tarp laws. Mandates and “de facto” tarp laws occur as a result of the following, some of which also impel city and county ordinances: Windshield and/or other damage to vehicles perceived to be from trucks hauling aggregates Anger and distress regarding general truck traffic issues often initially caused by large nearby projects Serious accidents from unsecured cargo, even if not specifically caused by aggregates Environmental concerns; e.g., air quality issues Public perceptions, especially regarding the trucking and aggregate industries as “one and the same”. Industry groups and/or companies who take a proactive or “anticipatory” approach toward visible trends and/or potential legislation by choosing to be early and active participants. The general perception is that states with the strictest laws and enforcement tend to be in the east, but become increasingly lenient the further westward one travels, with California seen as having “some of the weakest laws on the books.” Since this study’s sampling covered 15 states, what was most noticeable was that states further east tend to have longer, more established laws, while southwestern and western states experiencing increased population and strong economic growth are also those whose laws are in the greatest flux. 5 Although California’s statute is judged to be effective and successful by representatives of the state’s trucking and aggregate industries, based on the results of this study it would be wise to watch for any developments to implement local tarp ordinances. Whether these would comply with state law is currently unknown, but might also be introduced under the auspices of another topic, e.g., air quality. According to this study’s sample, the overall trend is to tarp aggregate haul trucks. Therefore, the concerns of Californians who raise legitimate questions regarding the economics and effectiveness of general tarp use will need to be weighed against a multitude of strategic issues highlighted herein: anticipating future initiatives; public perceptions and personal experiences; health and safety; industry image and community responsibility, and future legislative actions affecting the trucking and aggregate industries. Perhaps this study’s most important finding is that successful outcomes are mostly likely to occur when truckers and aggregate producers work together. 6 INTRODUCTION Every state in the United States has commercial motor vehicle safety laws, and while all states comply with the Federal Motor Carrier Safety Regulations and specific requirements for cargo securement, federal regulations do not address tarps at all. The issue of tarps is generally covered under state or local regulations. Thus, not only do the laws that govern tarping of aggregate haul trucks vary from state to state, but so do actual daily practices and enforcement. This study is comprised of the following sections: Methodology - Discusses how research for this project was undertaken and its unique difficulties. Findings – Cites a summary of each of the relevant state statutes pertaining to load securement, followed by commentary of primarily anecdotal and subjective information describing practices and enforcement. A brief review of California’s statute and viewpoints is also included. Results and Conclusion – Summarizes the findings and identifies trends as evidenced by these states’ past and current experiences. Appendix – Contains Acknowledgements and copies of relevant documents related to states. In general, references on truck tarp laws (and those are exceedingly few) claim that the regulations tend to be “strictest on the East Coast and become more lenient as they move westward.” California is considered to have “some of the weakest laws on the books.”1 In examining the 15 states sampled for this study, it was generally found that most states in the east and midwest have fairly established laws, but states in the southwest and west that are experiencing the largest population and economic growth also have laws that are subject to the greatest potential for transition. Most states have laws allowing some degree of flexibility for how loads are secured and contained to avoid blowing and spillage. Many statutes seem remarkably similar. However, depending on common practice, local ordinances, and enforcement, the end result may be a “tarp mandate” even if not specifically directed by state law. For reference purposes only, this study refers to such states as having “de facto” tarp laws. Many of these laws have begun at the city or county level and either filtered through to the state level, or maintain their autonomy in the midst of a more flexible state law. States with local tarp ordinances may face greater pressure for similar laws at the state level, especially those in the West. 1 Jamie Swedberg, “The World According to Tarps,” Industrial Fabric Products Review, February 2006, 43. 7 Laws, practices, and enforcement that ultimately influence whether aggregate trucks are tarped frequently have their origins in negative incidents personally experienced by the public. Therefore, these laws are implemented in order to solve diverse issues, including safety, windshield damage, air quality, annoyance and exasperation with truck traffic, and serious accidents caused by unsecured cargo. Such statutes represent the shared interests and values of residents and are extremely personal because they are perceived to directly affect health, safety, and quality of life. While much of the public feels powerless to influence federal laws, greater efforts are exerted at the local level, and often grass roots public opinion drives regulatory and legislative initiatives. One of the most interesting developments is taking place in Arizona concerning tarps and their role in air quality. Another fascinating situation is in Texas, for although the industry
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