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.