Legislature(1993 - 1994)
10/05/1993 09:30 AM House TRA
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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
+ teleconferenced
= bill was previously heard/scheduled
HOUSE TRANSPORTATION STANDING COMMITTEE
October 5, 1993
9:30 a.m.
MEMBERS PRESENT
Representative Richard Foster, Chairman
Representative Gary Davis, Vice-Chairman
Representative Eldon Mulder
Representative Jerry Mackie
MEMBERS ABSENT
Representative Al Vezey
Representative Bill Hudson
Representative Curt Menard
OTHER LEGISLATORS PRESENT
Representative Joe Greene
Representative Gail Phillips, via teleconference
Senator Suzanne Little, via teleconference
COMMITTEE CALENDAR
Public Hearing On Truck Safety And Related Issues
WITNESS REGISTER
PEGGY FOSTER
Grayline Services
200 W. 34th, Suite 678
Anchorage, AK 99503
522-3402
POSITION STATEMENT: Provided input on truck safety issues
JACK WIEGELE
Wiegele Trucking
7227 Basel Street
Anchorage, AK 99507
34408939
POSITION STATEMENT: Provided input on truck safety issues
RICHARD STRAHL
R.L. Trucking
2951 Westwind Court
Anchorage, AK 99516
345-7081
POSITION STATEMENT: Provided input on truck safety issues
CHUCK DAVIS
Davis Trucking
P.O. Box 222255
Anchorage, AK 99522
346-3874
POSITION STATEMENT: Provided input on truck safety issues
LARRY SOHLMAN
L.R.S. Trucking
P.O. Box 103321
Anchorage, AK 99510
522-1705
POSITION STATEMENT: Provided input on truck safety issues
MARTIN KING
Alaska Trucking Association
P.O. Box 609
Fairbanks, AK 99901
456-3232
POSITION STATEMENT: Provided input on truck safety issues
FRANK DILLON
Alaska Trucking Association
3443 Minnesota Drive
Anchorage, AK 99501
276-1149
POSITION STATEMENT: Provided input on truck safety issues
MICHAEL STAGGS
Alaska Trucking Association
3605 ARCTIC #1635
Anchorage, AK 99503
333-2342
POSITION STATEMENT: Provided input on truck safety issues
HARRY MCDONALD
Carlite Trucking
1524 Ship Avenue
Anchorage, AK 99501
276-7797
POSITION STATEMENT: Provided input on truck safety issues
KAREN CHASSE
Qwik Sand Trucking
2641 Lyoona Lane
Anchorage, AK 99502
243-7080
POSITION STATEMENT: Provided input on truck safety issues
ROBERT M. ERICKSON
Teamsters Local 959
P.O. Box 102092
Anchorage, AK 99510
269-4241
POSITION STATEMENT: Provided input on union-related issues
CLAY WALLACE
SeaLand
1717 Tidewater Drive
Anchorage, AK 99510
263-5045
POSITION STATEMENT: Provided input on trucking issues
RINGO ANDRINGA
Ringo Trucking
3534 Shervie
Anchorage, AK 99504
337-4646
POSITION STATEMENT: Provided input on trucking issues
PAUL FUHS, Commissioner
Department of Commerce and Economic Development
P.O. Box 110800
Juneau, Alaska 99811-0800
465-2500
POSITION STATEMENT: Provided input on DCED perspective
EDWARD MOSES, Director
Division of Measurement Standards
Department of Commerce and Economic Development
12050 Industry Way 1
Building O, Suite 6
Anchorage, AK 99515
345-7750
POSITION STATEMENT: Provided input on DCED/DWM perspective
AVES THOMPSON, Chief
Weights and Measure and Weigh Stations
Department of Commerce and Economic Development
12050 Industry Way 1
Building O, Suite 6
Anchorage, AK 99515
345-7750
POSITION STATEMENT: Provided input on DWM perspective
DAN COOPER
Division of Measurement Standards
Department of Commerce and Economic Development
12050 Industry Way
Anchorage, Alaska 99515
345-7750
POSITION STATEMENT: Provided input on DCED/DMS perspective
JIM DOYLE
Weaver Brothers, Inc.
Box 2229
Kenai, Alaska 99611
283-7957
POSITION STATEMENT: Provided input on trucking safety
issues
WALT FURNACE
Alaska Support Alliance
6761 Reedyke Circle
Anchorage, Alaska 99507
276-4800
POSITION STATEMENT: Provided input on trucking safety
issues
RON SIEBELS
ENSTAR
P.O. Box 190288
Anchorage, Alaska 99519
264-3722
POSITION STATEMENT: Provided input on trucking safety
issues
SERGEANT ED STAUBER
Alaska State Troopers
5700 East Tudor Avenue
Anchorage, Alaska 99507
269-5511
POSITION STATEMENT: Provided input on trucking safety
issues
FIRST SERGEANT B. DIAL
Alaska State Troopers
5700 East Tudor Avenue
Anchorage, Alaska 99507
269-5511
POSITION STATEMENT: Provided input on trucking safety
issues
ACTION NARRATIVE
TAPE 93-17, SIDE A
Number 001
CHAIRMAN FOSTER called the meeting to order at 9:30 a.m.,
and announced that he would attempt to fit everyone in who
wished to testify.
Number 028
PEGGY FOSTER identified herself as a representative of the
Alaska Trucking Association, and one with a good deal of
expertise in the area of mechanics and safety. She stressed
the need to get inspectors out to inspect, and that hauling
by the ton results in unsafe hauling. Truckers try to cut
corners in areas they don't think will be noticed, like
truck maintenance, so they can buy their children shoes and
pay rent. She commented on the different status of owner-
operators, who are not considered employees of anyone and
subsequently are not protected by the laws and regulations
addressing employee-employer relationships. Nor are owner-
operators considered subcontractors. She felt the solution
to this is to have some sort of formal contract or other
means to a remedy at law if they are not paid, or paid at
rates which are not the ones originally agreed upon.
Number 093
CHAIRMAN FOSTER thanked Ms. Foster, and asked if there were
any questions from the committee. There were none.
Number 096
JACK WIEGELE, representing Wiegele Trucking, stated that he
was in concurrence with everything Ms. Foster had said, and
she had pretty well covered it.
Number 101
RICHARD STRAHL, R.L. Trucking, identified himself as having
been an owner-operator and trucker for the last 32 years,
and stated that the safety programs have not been fairly run
nor enforced, and that owner-operators need to have some
kind of contract. He stressed that he's seen violations,
and that a good many of the rules need to be changed,
monitored, and/or enforced. He concluded by concurring with
everything Ms. Foster had said.
Number 184
CHAIRMAN FOSTER asked if there were any questions from the
committee; there were none.
Number 185
CHUCK DAVIS, Davis Trucking, identified himself as a
participant in the trucking industry since 1982 in Alaska,
and an owner-operator since 1984. Though he concurred with
the previous speakers, Mr. Davis wished to discuss workman's
compensation. More specifically, he made the point that
secretarial policies do not cover truck drivers, and this is
a major problem. He feels that if owner-operators are going
to be required to have workman's compensation on the job, it
should be through a legitimate policy. Either a new status
should be applied, which would also be applied to commercial
fishermen, taxi-drivers, and part-time babysitters -
independent operators, which would clearly alleviate the
necessity for workman's compensation and remove the gray
areas. Mr. Davis indicated he is reluctant to buy the
current policy because it is worth nothing to him -- the
secretarial policy is not a legitimate policy.
Number 249
CHAIRMAN FOSTER asked if there were any questions from the
committee; there were none.
Number 250
LARRY SOHLMAN, L.R.S. Trucking, introduced himself as a 27
year trucking veteran, with 18 years as an owner-operator.
He referred to the safety program begun by Trooper Brad
Brown, and alleged that Trooper Brown has been replaced by
someone who doesn't know what he's doing, and the inspectors
are no longer out there. There is no training and no
qualifications possessed by the ones currently doing the
job. He expressed confusion over why Trooper Brown had been
replaced. He suggested having a drive through bay, and
stressed that he wants his truck inspected. He concluded
that the only way to get the program carried out is to have
people who are qualified, such as Trooper Brown, out there
implementing it.
Number 295
CHAIRMAN FOSTER told Mr. Sohlman that he had received his
letter on the above subject, and thanked him for it.
Number 311
CHAIRMAN FOSTER called Frank Dillon to speak. Mr. Dillon
requested that Martin King speak before him; Chairman Foster
allowed it.
Number 313
MARTIN KING introduced himself as the founding owner, since
1981, of Irish Trucking, a for-hire trucking company in
Fairbanks. He currently employs 22 people. In November,
1992, Mr. King was elected president of the Alaska Trucking
Association (ATA), and was attending this hearing to make a
statement on behalf of the ATA's 300 members.
Trucking is an over $1 billion industry in Alaska, according
to King, and, as an industry, trucking contributes almost
50% to the total monies collected and used toward highway
construction and maintenance, in Alaska -- yet trucks
comprise less than 5% of the vehicles on the highway.
Trucking also provides a secondary benefit to Alaska as a
service industry to shippers, consignees, and ultimately,
consumers. But the current situation between state
government and the trucking industry is chaotic. Mr. King
stated that DOT regulations and public hearings are a
piecemeal approach, which will not benefit anyone. Agencies
are frustrating to deal with because they do not understand
the industry. He concluded by stating that the objective of
DOT should be to provide a safe and economically viable
transportation system, and that when DOT/PF proposes changes
to trucking regulations, they should understand what the
consequences will be to the industry, and to Alaskan
consumers and others in the chain.
Number 445
CHAIRMAN FOSTER thanked Mr. King, and asked if there were
any questions from the committee.
Number 446
REPRESENTATIVE MULDER asked Mr. King if, in his opinion, the
new administration at DOT has been cooperative in working
with the trucking industry.
Number 447
MR. KING answered that the DOT - trucking industry
relationship got off to a bad start, but that he was not
sure what the current situation is. Some reports he had
heard would indicate that perhaps the picture is better,
but, generally speaking, they had a difficult time with the
last DOT commissioner, and, starting out, at least, an even
worse time with the current commissioner, Mr. Campbell.
However, Mr. King added, there seemed to be a recent glimmer
of light.
REPRESENTATIVE MULDER asked Mr. King if he thought the
problems were due to lack of understanding, or an
unsympathetic administration. He expressed confusion at the
problems, given the importance of the trucking industry to
Alaska's economy.
Number 459
MR. KING thanked Representative Mulder for recognizing the
importance of trucking in Alaska, and stated that he had
been in the trucking industry in Alaska since 1974; that the
present meeting was the fiftieth such meeting he had
attended, and he thinks the basic underlying problem is that
the truck users and the citizens of AK have not been dealt
the ability of sitting down together and pounding out the
problems, not over three or four years, but over two or
three weeks. They've been through two or three
administrations of absolute disregard for where the trucking
industry is coming from. People in DOT, in high office,
don't understand, and they come up with rules and
regulations on totally irrelevant issues, and then the
trucking industry is tugged around with no rhyme or reason.
He concluded by saying that the problems in the trucking
industry are not monumental problems; rather, they are
turned into monumental problems because the people concerned
don't sit and listen and work together.
CHAIRMAN FOSTER thanked Mr. King and asked Frank Dillon,
Executive Director of the Alaska Trucking Association, to
speak.
FRANK DILLON, Executive Director, Alaska Trucking
Association (ATA), which is a statewide trade association
headquartered in Anchorage. He concurred with the
articulations of previous speakers, and stressed that safety
is of paramount importance to truck operators. The ATA has
always advocated strong safety enforcement and comprehensive
safety regulations. Approximately three and a half years
ago the ATA began seriously advocating Alaska adopting the
Federal Motor Carriers Safety Regulations (FMCSR). According
to Mr. Dillon, the FMCSR had been enforced in Alaska until
the demise of the ATC (Alaska Transportation Commission) in
approximately 1986. When the state was deregulated, in
terms of trucking, the safety regulations were thrown out
with the economic and authority regulations -- a move which
Dillon analogized to "throwing the baby out with the
bathwater". Adoption of the FMCSR has somewhat leveled the
playing field for truck operators in Alaska. Prior to the
state's adoption of those regulations, they only applied to
those carriers who were engaged in interstate commerce --
not to those carriers who were only engaged in intrastate
commerce (in the trucking industry, interstate commerce is
not defined by the truck and driver unit; rather, it is
defined by the nature of the freight).
Mr. Dillon said in addition to advocating adoption of the
FMCSR, ATA has advocated and was the single driving force
behind the state's adoption of the federally mandated
Commercial Driver's Licensing Program. They have also been
encouraging the state to move ahead with the adoption of a
drug testing program applicable to all truck drivers in the
state.
TAPE 93-17, SIDE B
Number 001
MR. DILLON communicated ATA's concern about the current
state of affairs in the Department of Public Safety (DPS).
He mentioned Sergeant Brad Brown as being singlehandedly
responsible for resurrecting the Commercial Vehicle Unit of
the DPS. Mr. Dillon also commented on the consensus that
the federal mandates coming through, incorporated in
legislation like ISTEA (Intermodel Surface Transportation
Efficiency Act), would make it impossible for Alaska not to
have a functioning safety program. Failure to have, and
enforce, a safety program and other regulations could result
in the federal government withholding as much as $25-30
million, per year, in federal highway funds. The
combination of this potential loss along with the
possibility of reducing the accident rate, makes it
inexcusable for state agencies to not do what is mandated in
the federal program.
Number 047
MR. DILLON asserted that the Department of Commerce needs to
have the scales open 24 hours a day, and to have them manned
by personnel qualified to do the weighing.
Number 052
MR. DILLON suggested that the Department of
Transportation/Public Facilities (DOT/PF) operates in a
vacuum, and looks at issues only in a narrow, engineering
perspective. The overall priority of DOT/PF, Mr. Dillon
suggested, should be to ensure a safe, efficient and
productive transportation system throughout Alaska. In
addition, he felt that DOT/PF should work with the trucking
industry, and that there should be policy level staff who
understand the trucking industry and its problems.
Number 090
MR. DILLON concluded by asserting that the Alaska railroad
currently competes with the trucking industry for freight
between Anchorage and Fairbanks, and other points in Alaska.
The trucking industry has serious concerns about keeping the
playing field even, and that, because desperate times result
in desperate measures, the railroad will try to get into the
trucking business. He asked that the committee take every
possible measure to prevent the railroad from running trucks
in competition with the trucking industry.
REPRESENTATIVE MULDER asked Mr. Dillon if he had understood
him correctly to say that Public Safety is not enforcing the
federal guidelines.
Number 104
MR. DILLON responded that the regulations have been adopted,
but personnel has not had the opportunity to go through the
materials, and train, and know how to carry out the job.
Troopers are not doing the job that the trucking industry
wishes they were.
REPRESENTATIVE MULDER asked Mr. Dillon if it was his
understanding that inadequate enforcement would jeopardize
federal funding.
MR. DILLON responded affirmatively, adding that about 17
states are in serious deficiencies for not jumping through
hoops for the federal government. He is concerned that the
federal government might make an example out of Alaska.
REPRESENTATIVE MULDER asked Mr. Dillon what had happened
with retrofitting trucks.
Number 135
MR. DILLON explained that it was decided that those axles,
belly axles, should be self-steering. So DOT allowed them
to grandfather equipment prior to 1994, but everything
thereafter had to be self-steering. The trucking industry
saw the validity of this, both from an operational
standpoint and to protect the pavement. But in its revision
of the regulations, DOT decided belly axles no longer needed
to be self- steering; the trucking industry isn't sure why,
and people who spent thousands of dollars to comply are
concerned too. Mr. Dillon stated that arbitrary regulation
changes are having a chilling effect on the willingness to
comply with new requirements.
Number 157
REPRESENTATIVE DAVIS asked Mr. Dillon if the regulatory
power of ATC has been given to various agencies.
Number 160
MR. DILLON communicated his understanding as having been
that the ATC did control the regulations, if not the actual
field enforcement of them. He stated that in the late 1970s
to early 1980s, the truck enforcement program in Alaska was
run by the troopers, but that his historical background
wasn't as thorough as someone else's might be.
Number 180
REPRESENTATIVE DAVIS stated that the ISTEA Program is
getting questioned by everyone, and it would be interesting
to know if the federal government does withhold some funds
for lack of compliance with their mandates. He added that
federal mandates, and state mandates to local governments,
are becoming a big question and a big nuisance to a lot of
people, and there's a very strong effort in Alaska to tel
the feds to kiss off. But if some of the mandates are
legitimate, we shouldn't harp over that. Representative
Davis emphasized that if there were some mandates which the
trucking industry felt had were unnecessary the committee
would certainly like to know, as well as about those which
did seem necessary.
Number 187
REPRESENTATIVE PHILLIPS, via teleconference, asked if there
were representatives present from DOT/PF, Public Safety, and
Commerce who could give their perspectives.
CHAIRMAN FOSTER answered that Public Safety and DOT were in
attendance, but that the trucking concerns were lined up to
be heard first.
Number 195
CHAIRMAN FOSTER asked Mr. Dillon what the traditional
reception by the state agencies involved has been to
hearings such as the one presently being held. He wondered
if the agencies just sit and listen but then go and do what
they want to anyway.
Number 204
MR. DILLON replied that there has been a mixture of good,
productive hearings, and ones which have been total wastes
of time and exercise in futility. The trouble with DOT in
particular, according to Mr. Dillon, is that the people at
the policy level don't truly understand the issues;
additionally, the "revolving door" nature of personnel
lately has made it difficult to establish a rapport with
DOT. Commissioner Campbell has acted quickly on some
issues, but not correctly, and DOT has reversed itself three
or four times in the last three or four months.
Number 232
MICHAEL STAGGS, Alaska Trucking Association, was called to
testify. He concurred with the above testimony, and wished
to stress the necessity of legislators delving into why
Sergeant Brown was removed from the Safety Program. He
implied that there may a personal agenda by Colonel Murphy,
of the State Troopers. Mr. Staggs likened the Troopers'
deployment of the enforcement aspect of the program to a
disaster. He said the two people that replaced Sergeant
Brown probably feel uncomfortable in their positions because
they aren't qualified. He was distressed to learn that the
two individuals are going to be sent outside for training at
the cost of $4 thousand to $6 thousand apiece, charged to
the state. Mr. Staggs alleged that there have been
virtually no on-spot vehicle inspections, due either to lack
of personnel or lack of interest. The only inspections
currently taking place are the ones at scale houses.
MR. STAGGS stated that there is a known drug problem within
the trucking community. He and several other individuals
have called various agencies and asked what could be done
about it, and were told that a testing program would either
be too difficult to implement or that it would be violative
of people's rights. He concluded by stating that this
problem needs to be addressed, along with all of the others
discussed, and direct results are in order, not more
meetings.
REPRESENTATIVE MULDER asked Mr. Staggs if the six qualified,
but non-utilized troopers are involved in the safety program
at all.
MR. STAGGS replied that, to his knowledge, they are not.
HARRY MCDONALD, of Carlite Trucking, concurred with
everything that had been said by previous testifiers. He
sees the present situation as nothing more than an attempt
by DOT, and more specifically, Commissioner Campbell, to
renege on a deal made less than a year ago. He added that
since he has been in trucking, there hasn't been a year of
certainty, and that, in this case, DOT needs to keep the
rules on weights (lift axles on trucks).
Number 383
KAREN CHASSE identified herself as the owner, with her
husband, of a single dump truck. Her husband has been
driving in the Anchorage area for over 18 years. She was
attending the meeting due to her concern about the workmen's
compensation insurance she and her husband are forced to
buy. They own only one truck, and only her husband drives
it. They have no employees, but in order to qualify to
drive they have to either buy bogus secretary's policy or a
workman's compensation policy. She paralleled this to the
taxi-cab driver situation, and suggested the solution that
single truck owner-operators who have contractual agreements
through brokers or contractors also be exempt.
REPRESENTATIVE MULDER asked if the Teamsters have any
problem with exempting owner-operators.
Number 425
ROBERT M. ERICKSON, of Teamsters Local 959, responded that
the Teamsters have a problem with the whole owner-operator
concept.
REPRESENTATIVE MULDER asked Mr. Erickson if there was any
way out of this thicket.
Number 445
MR. ERICKSON stated that he had seen a way out of it 20
years ago but no one wanted to listen. When owner-operators
are established as independent contractors, they should have
a way to have insurance through the broker or carrier they
work for, and it should be part of the contractual
relationship.
Number 570
MR. ERICKSON suggested that a bill spelling out the
insurance requirements would be in order, to eliminate the
gray areas.
Number 620
MR. ERICKSON referred to a question, asked earlier by
Representative Davis, about the ATC. He stated that the ATC
was nothing more than a regulatory body for the issuing of
authorities and the economic development of intrastate
movement of freight units in Alaska. It established the
regulations and the criteria for permits, and even attempted
to get into the economics and tariff structure of the
movement of intrastate traffic. When Alaska sunsetted the
ATC, it broke the trucking industry wide-open, according to
Mr. Erickson.
TAPE 93-18, SIDE A
Number 001
MR. ERICKSON continued his elaboration on the functions of
the ATC, and concluded by saying that what we are seeing now
is the deterioration of the trucking industry due to battles
with DOT with no particular definitions and no recourse on
the part of industry after-the-fact. He hoped that the
present hearing didn't fall into the hole that all of the
rest of them seem to have, and that the legislators would
establish, through law, the standards.
Number 025
REPRESENTATIVE MULDER asked Mr. Dillon and the industry to
fashion their own suggested solution and present it to the
Transportation Committee.
Number 045
CLAY WALLACE, with Sealand, echoed the testimony of Mr.
King, Mr. Dillon, and Mr. McDonald. He wished to make the
further point that these hearings are a lip service routine,
a dog and pony show for the public. The proposed change of
weight will, in his opinion, result in the use of 11
containers instead of 10, and the outlying areas will get to
pay the bill.
MR. DILLON stated that DOT has gone from claiming the
objective was to save the pavement, to claiming it was for
the sake of the bridges. He would like to see the bridge
data, so that an independent opinion can be obtained.
Number 115
RINGO ANDRINGA identified himself as an owner-operator with
one truck. He made the point that when weight limits are
tightened up, if the containers can't be scaled they go on
the railroad vehicles; the result, then, is that the State
of Alaska is tightening up its weight limits so that the
railroad can get more freight. The railroad vehicles are
exempt carriers, so the competition is totally unfair. Mr.
Andringa alleged that the state keeps coming up with rules
which result in the railroad getting more freight, and it
isn't fair.
Number 140
PAUL FUHS, Commissioner, Department of Commerce and Economic
Development (DCED), introduced, Ed Moses, Director of the
Division of Weights and Measures/Division of Measurement
Standards (DWM).
Commissioner Fuhs stated that DCED agrees with Mr. Dillon's
idea of what the state's goal in transportation should be,
and that the trucking industry is of vital importance to
Alaska. He added that DCED was aware that, due to many
factors, the Alaskan trucking industry is not currently in a
strong economic position. The Alaska Commercial Trucking
Transportation Advisory Committee has been formed, with
membership consisting of the DCED, DOT, DPS, Alaska
Trucker's Association, Federal Highway Administration, and
municipalities (which will be invited to participate), in an
effort to bring all of the players together and come up with
some cooperative solutions.
COMMISSIONER FUHS calculated that coverage would be up to 38
percent, adding that this is still not really the most
desired point, but it's a tough call given the current
fiscal position of the state. He stated that if the state
is not doing a good job of enforcement, than the bad players
will be able to undercut the ones who are playing by the
rules, thus creating a disincentive for people to be honest.
The DCED would welcome any additional funding or
technological breakthroughs. Commissioner Fuhs added that
we need to work well with the Federal Highway
Administration, because if they strictly enforce the
requirements, it'll be a whole new costly picture.
Standards are set by DOT, however, who do the engineering.
Commissioner Fuhs concluded by adding that he also sits on
the Alaska Railroad Board, and understands the issues
presented and is looking for the most fair solution.
Number 222
ED MOSES referred to documents 1 through 11 of submitted
written testimony as giving an overview of: the projected
budget for the commission's weigh station plan; the
projected budget for the DPS which was submitted by Colonel
Murphy; the commercial vehicle secondary size and weight
community outreach list; commercial vehicle secondary size
and weight enforcement outreach cost estimation; the
Division of Motor Vehicles commercial vehicle registration
list; projected lost revenue as a result of DOT's proposed
regulations; oversize and overweight vehicle permit fees
(and Mr. Moses made the point that they could not raise the
permit fees without a very negative impact on industry,
therefore, that is not one of the suggestions that he has
proposed); a weight in motion schedule; a bridge formula
chart; and correspondence.
MR. MOSES read his written testimony: "The Division of
Measurement Standards was formed in 1982, and consolidated
with the DCED. On July 1, 1982, the Alaska State
Legislature transferred responsibility for oversize and
overweight permits and operation of all the state weigh
stations from DPS to DCED, Division of Measures and
Standards. Governor Hickel appointed me as his designee for
truck size and weight enforcement on December 19, 1990. He
authorized me to sign, on his behalf, the state's annual
verification of truck size and weight enforcement. The plan
provides assurance to the federal government that Alaska is
protecting the federal government's investment in Alaska
roads and highways through enforcement of regulations
pertaining to commercial vehicle size and weight
limitations.
"The Division of Measure and Standards also operates the
weigh stations and issues permits for oversize and
overweight vehicles under the authority of AS 24.33.020, and
Administrative Codes 3AAC35 and 17AAC25. The program is
responsible for enforcing size, weight, and load limitations
adopted by the DOT/PF under AS 19.10.060.
"In 1984 there were 28 permanent, full-time weigh station
operator 1's, and 2 weigh station operator 2's. In 1985,
the weigh station operators were reduced to 17 weigh station
operator 1's, 3 weigh station operator 2's, and 8 seasonals.
Currently, there is a total of 19 permanent weigh station
operator 1's, and 2 weigh station operator 2's, statewide,
who are assigned to operate ten fixed weigh stations. Four
of these weigh stations are located in Fairbanks, one in
Tok, one in Valdez, three in Anchorage, and one in Sterling.
"There are a total of four permanent employees who issue
oversize and overweight permits, and two permit offices --
one located in Fairbanks, with one employee, and the
headquarters office, located in Anchorage, with three
employees, including a supervisor who is a professional
engineer (at the request of DOT). In FY93, a total of
18,121 permits were issued."
CHAIRMAN FOSTER thanked Mr. Moses for his testimony.
Number 455
AVES THOMPSON, Chief, Division of Measurement Standards,
said his responsibility includes the day-to-day oversight
of the Truck Size and Weight Enforcement Program. He
discussed the federal regulations which require the state to
prepare an enforcement plan which is measurable and
enforceable, and that the enforcement must be certified and
detailed in a comprehensive report to the feds. The FHA
also conducts an annual evaluation, which is their objective
and subjective review of how the state has performed all
year. Mr. Thompson commented that the scrutiny is really
for our collective benefit, because it protects our
investment in our highways. Mr. Thompson asked Dan Cooper
to make some comments.
Number 500
DAN COOPER introduced himself as one of three individuals in
the permit program, and explained that some permit requests
are routine and quickly granted, while others are quite
complex, with loads of upwards to 150 tons, and 17 feet high
or more. He stated that the main purpose of the permit
program is to ensure that such loads can legally travel on
the highway. In conjunction with this, Mr. Cooper added, he
and his staff work closely with DOT/PF in the outlying
areas, and with the bridge design section in Juneau, as well
as local police -- all in establishing the best way to move
things, while being responsive to the needs of the trucking
and construction industries.
Number 560
MR. THOMPSON commented that they do, in fact, work quite
closely with DOT/PF.
REPRESENTATIVE MULDER asked Mr. Moses if it was true that
the DCED was not opposed to the transfer of Weights and
Measures out of the department.
MR. MOSES responded that this was absolutely not true.
Number 622
REPRESENTATIVE MULDER asked Mr. Moses what it would cost if
his shop was transferred either to Public Safety or
Transportation.
Number 625
MR. MOSES responded that, according to an in-house study
conducted by Sergeant Brad Brown and one of the
administrative officers in the organization, full funding
was requested, although he didn't have the figures
available.
TAPE 93-18, SIDE B
Number 000
REPRESENTATIVE MULDER commented that the enforcement problem
seemed to be even greater than the overall 38,000 lb versus
36,000 lb reduction problem, and asked Mr. Moses if this was
an accurate assessment.
MR. MOSES responded that the problem, in his opinion, is
funding. He stated that $706,885 would purchase one weigh
station statewide supervisor, one permit clerk, one
administrative clerk, two weigh station operators each in
Fairbanks, Valdez, and Anchorage.
Number 040
REPRESENTATIVE MULDER commented on possible ISTEA funds for
operations. He also commented that a lot of truckers can
find a lot of ways to avoid weigh stations.
MR. MOSES stated that DOT/PF had indicated, last year, that
it was not possible to get any kind of funds for daily
operations, only for equipment, hardware, etc.
Number 045
SENATOR LITTLE, via teleconference, asked why vehicle
inspections could not be done at weigh stations.
AVES THOMPSON responded that the commercial vehicle
inspectors in Public Safety currently use the weigh stations
from time to time to perform safety inspections, but that
they have found that both activities suffer when done this
way.
Number 053
MR. MOSES stated that another problem with doing the
inspections at weigh stations is that a lot of vehicles work
in town and never go near the weigh stations, and those
trucks need enforcement too.
He added that the major problem with the inspection program
right now is that they are short handed, with only 4 men for
the entire state. He asserted that full time men are needed
at various locations around the state.
Number 077
MR. MOSES commented that there are supposedly 29,891
registered commercial trucks in Alaska, with 62,846
trailers, making the point that it would be desireable for
officials in local communities to be able to do the
inspections themselves.
Number 087
REPRESENTATIVE DAVIS asked if the committee could get an
invitation to ACTAC, and whether any experimental weight-in-
motion (WIM) plan for the state was being considered.
Number 091
MR. MOSES responded that there is a schedule for all of the
WIM devices which have been installed, and that DOT is
moving forward with the technology, although working in cold
weather presents challenges in maintaining accuracy of the
devices.
REPRESENTATIVE GREEN wanted to know if the answer would be
reallocation of function instead of increased funding, given
the "tightening of belts" necessary at all levels.
Number 128
MR. MOSES responded that the current system is in the best
interests of both the state and industry, as there are
checks and balances provided. He added that DOT, Public
Safety, and DCED perform specific functions, which,
combined, make the system work. He stressed that if it
works, there is no reason to change it.
He asserted that, regarding funding, they are entitled to
$200 million a year in federal aid funds, and if the state
of Alaska can't use that kind of money to get together a
safety program, it's deplorable. He concluded by stating
that the attempt seemed to be to throw away millions to save
pennies, since enforcement would require less than 5
percent.
Number 181
JIM DOYLE identified himself as being with Weaver Brothers,
which employs 80 to 100 operators. He said the trucking
industry is run backwards, and as a result, considerable
expense is incurred by truckers. He asserted that grooves
in the bridges and roads match cars and not trucks, and
furthermore, that the bridges are all over 40 years old and
need to be rebuilt.
REPRESENTATIVE DAVIS wondered if, instead of expanding
government, it would be possible to privatize things.
Number 259
REPRESENTATIVE MULDER asked if axle shifting has, in the
past, been allowed in wintertime for safety purposes. Mr.
Doyle affirmed, and Representative Mulder asked if it had
any adverse impact on the roads. Mr. Doyle answered in the
negative, stating emphatically that it doesn't hurt the
roads a bit.
Number 270
REPRESENTATIVE MACKIE asked why axle shifting was taken
away.
Number 274
MR. DOYLE responded that it was because people believed it
damaged roads and bridges.
Number 283
WALT FURNACE, General Manager, Alaska Support Industry
Alliance, thanked the committee for the opportunity to
speak. He stated that in the last year, a number of
truckers had come to his office voicing concern over safety
issues. He asserted that safety has been a major concern of
members of the Alliance, and that it is critical that a
truck safety program be put in place. He added that the
Fairbanks chapter of Alliance had great concern regarding
repair of the haul road, and that it is crucial to stay on
top of the requirements by the feds which must be met in
order to get the funding to repair those roads. He
concluded by stating that the Alliance and its membership
would be willing to provide any assistance necessary to the
state and members of the trucking industry to achieve the
goals discussed.
RON SIEBELS, Fleet Supervisor, Enstar International Gas
Company, said he had a problem with the 36,000 pound limit
being discussed, and that some of the calls he had made to
certain agencies were dissatisfying. He referred to the
state of Florida's 44,000 pound limit.
Number 368
CHAIRMAN FOSTER asked if there were any more private
entities which wished to speak.
Number 388
SERGEANT STAUBER identified himself as being with the Alaska
State Troopers, and program manager for the Motor Carrier
Safety Assistance Program unit which does vehicle
inspections under an 80/20 percent federal grant. He
discussed the history of lack of funding for safety programs
which are necessary to comply with federal funding
requirements, and discussed the areas his unit is
responsible for, and how the programs are funded. He
referred to the Federal Safety Net program, which is to
identify, track, and monitor intrastate and interstate motor
carrier safety records.
Number 415
SERGEANT STAUBER discussed the secondary function of
commercial vehicle enforcement as being enforcement of
secondary size and weight regulations, which has been of
interest to the federal government recently due to both
safety factors and road/bridge wear. He made the point that
it was difficult to meet the goal of enforcement of
regulations addressing these issues due to funding
inadequacies, and asserted that additional staff and funding
is necessary.
Number 475
CHAIRMAN FOSTER asked Sergeant Stauber who he reports to.
SERGEANT STAUBER responded that he reports to First Sergeant
Dial, who is a buffer between the manager and Colonel
Murphy.
REPRESENTATIVE MULDER asked what MCSAP funding is.
Number 486
SERGEANT STAUBER responded that MCSAP funding is Motor
Carrier's Safety Assistance Program, which is 80 percent
federal funds, and 20 percent state funds.
REPRESENTATIVE MULDER asked if either Sergeant Stauber or
Sergeant Dial are certified and trained to do inspections.
SERGEANT STAUBER responded that there is a program, North
American Standards for Commercial Vehicle Inspections, which
certifies inspectors as CVSA inspectors, and they can get
CVSA decals.
He added that he hasn't yet had the opportunity to get CVSA
training.
FIRST SERGEANT DIAL responded that he is not currently
certified.
REPRESENTATIVE MULDER stated that he couldn't see the sense
in Colonel Murphy appointing two people to administer a
program who weren't even certified.
FIRST SERGEANT DIAL responded that Representative Mulder's
summation was not entirely correct, that he had many other
duties to attend to, and his involvement was actually quite
minor.
REPRESENTATIVE MULDER stated that he was not trying to
defame anyone's character, but he couldn't understand why
non-certified individuals were placed in these positions.
FIRST SERGEANT DIAL responded that Representative Mulder
should take it up with Colonel Murphy.
REPRESENTATIVE MULDER continued to express his disbelief,
and said that he would never hire someone in his own office
to work as an administrative assistant if that person didn't
know what he or she was doing.
Number 565
SERGEANT STAUBER stated that the current people in the
inspection program were not commissioned troopers, and that
their sole function is to perform inspections. He added
that they are not on career paths which would lead them to
leadership roles in MCSAP. The trooper currently in MCSAP
who will be eligible for promotion to Sergeant, was put in
there in January 1993, but as of July 1, he still had not
gone to a CVSA school, although he was scheduled to go to
one in October, 1993.
REPRESENTATIVE MULDER asked why Sergeant Brown was removed.
Number 583
SERGEANT STAUBER responded that he had no knowledge, and
that Representative Mulder would have to ask Colonel Murphy.
REPRESENTATIVE MULDER asked about funding to authorize
proper enforcement, and commented that the request for
funding for four additional troopers struck him as odd,
because he didn't think a trooper was required to stop a
truck and make a check was necessary.
SERGEANT STAUBER stated that there is a definite difference
between troopers and vehicle inspectors. He added that
Alaska has adopted a series of regulations which relate to
commercial vehicle traffic enforcement -- such as stop sign
violations, etc. -- and that vehicle inspectors could not be
expected to make traffic stops on (end of tape).
TAPE 93-19, SIDE A
Number 001
SERGEANT STAUBER continued, stating that vehicle inspectors
could not be expected to make traffic stops on vehicles that
require a commercial driver's license, and because they are
unarmed and not trained in self-defense; troopers are to do
that, not commercial vehicle inspectors. He added that
troopers are charged with the investigation of commercial
vehicle accidents, and that commercial vehicle inspectors do
not arrest for drug and alcohol violations -- it would be
unsafe.
REPRESENTATIVE MULDER asked Sergeant Stauber how many drug
inspections his agency had done in the last two months on
truckers.
Number 040
SERGEANT STAUBER responded that they do not have a drug
testing program, but that they do have enforcement of drugs
through the vehicle enforcement through the commercial
investigation bureau, who have made requests for significant
amounts of information involving commercial vehicles. He
said that there is, therefore, enforcement, and there have
been arrests for intoxication.
REPRESENTATIVE MULDER asked Sergeant Stauber if he would say
that the current inspection program is operating efficiently
and smoothly.
Number 062
SERGEANT STAUBER responded that they have actually increased
the number of inspections over the number done last year and
that he did think the program is operating better than it
had been three months ago.
Number 065
REPRESENTATIVE MULDER asked if the requirements of ISTEA are
being met.
SERGEANT STAUBER responded that he was not the one who
worked in that area.
Number 070
REPRESENTATIVE MULDER apologized to Sergeant Stauber and
Sergeant Dial and stated that Colonel Murphy should have
been the one attending, and that he wished the sergeants to
communicate his displeasure to Colonel Murphy.
CHAIRMAN FOSTER thanked Sergeant Stauber and Sergeant Dial
and stated that he hadn't been aware that Representative
Mulder felt so strongly.
Number 090
MR. MOSES referred to a question about costs, and stated
that one concern of they had was with the outlying
communities establishing their own truck secondary size and
weight programs, because they could get two inspectors for
the cost of one uniformed, sworn police officer.
Number 100
CHAIRMAN FOSTER thanked everyone who had attended and either
observed or testified. He suggested that everyone consider
possible draft legislation, and contact Representative
Mulder directly with issues they wished to pursue. He
communicated empathy with having to deal with the
bureaucracy, but asked that everyone attempt to remain in
contact with his office. He reemphasized his belief that
the issues of subject were important ones.
Number 120
CHAIRMAN FOSTER adjourned the meeting at 12:45 p.m.
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