Haulers in holding pattern over hay securement rules

By Christine Souza
CFBF

California's hay haulers say they would like to put cargo securement practices in place that have been approved as safe by the U.S. Department of Transportation Federal Motor Carrier Safety Administration (FMCSA), however the results of the study have not yet been approved by the California Highway Patrol.

The FMCSA has recently reviewed past safety tests and found that many long-standing practices used by haulers to secure bales of hay and straw satisfy federal safety requirements.

The FMCSA developed new regulations that have been in place since January 2004 for intrastate motor carriers. As part of the effort to harmonize cargo securement, CHP implemented new tie-down regulations for intrastate commerce on Jan. 1 of this year.

After reviewing safety studies conducted in 2004, the FMCSA issued an internal memorandum that recommends hay haulers use two longitudinal tie-down assemblies and a loading pattern that unitizes the bales of hay and straw. One or two more lateral straps also need to be used for every 32 feet in length.

Emily Robidart, director of field crops and farm policy for the California Farm Bureau Federation, said that even though the FMCSA study gives hay haulers the green light to adopt safer methods for securing hay and straw, the California Highway Patrol does not yet recognize these practices.

"The memorandum is widespread throughout the hay industry, and neighboring states are also using the new methods, however, the California Highway Patrol does not recognize them at this time," Robidart said. "Many of our hay haulers think they can use the new methods as well, however, the California Highway Patrol is issuing citations to those using the FMCSA-approved methods."

Robidart added that the Farm Bureau is working with DOT, CHP and California Department of Food and Agriculture to develop a resolution.

"We are exploring all options to bring relief to this situation. We want to use the safest method possible," Robidart said.

Sgt. Jim Epperson of the CHP Commercial Vehicle Section said the study alone does not immediately change the law.

"California has not adopted any of the suggestions by FMCSA because they have not gone through the legal process," Epperson said. "There hasn't been any change in our operation. We are currently working with FMCSA for some clarification and looking at what we can do legally."

Sonoma hay grower Norm Yenni said he is hopeful that the FMCSA study results will soon be adopted in California.

"The hay haulers are relieved about this, but I remain cautiously optimistic. I do believe that in time, the California Highway Patrol will come around," Yenni said. "I'm hoping this is just a procedural matter."

Prior to the first of the year when states adopted the federal tie-down regulations as required by Assembly Bill 3011, hay haulers used two longitudinal straps from the front to the back of the trailer to hold the hay in place. Under current federal law, the haulers are required to add lateral straps for every 10 feet, depending on the type of trailer and other variables, around each load to prevent shifting and falling which some in the industry say is a more dangerous method.

"Safety is our No. 1 priority, however there were a couple different vehicle accidents including one where a truck with all of the straps on it as DOT wanted had turned over. In that particular incident, it caused $70,000 worth of damage to the truck," Yenni said. "Under the old rules, when a truck is about to tip over, the load will start spilling off and then the truck will right itself because there is less hay on that side. What would you rather have, a loaded truck lying in the roadway or 50 bales of hay? The bales of hay are a hazard, but the truck is a much greater hazard."

Research has proven that having the longitudinal straps, with minimal lateral straps, is safer for the truck driver and the public.

"The 2004 studies demonstrated that the trailers were tipped beyond their roll-over point before the load slid off. This means that trailers in service would actually roll over before the load shifted," Robidart said.

Enforcing the current federal cargo securement regulations, Yenni said, could be detrimental to those who grow and haul hay.

"A lot of the guys have said that if CHP is going to enforce the proposal they had here sometime back to the full extent, they would go out of business. They would sell the truck and be gone," Yenni said.

The recent study reviewed by FMCSA was geared specifically toward hauling of square bales of hay and straw. The findings do not apply to other agricultural commodities.