The President's Column

by Steve Weitekamp

April/May 2015

April-May is the end of one CMSA year and the start of a new journey. Our Association year culminates with our annual Convention and installation of new officers. As you read this issue, there is still time to join your industry colleagues in what is sure to be a valuable event.

As mentioned by Chairman Casey, our March schedule included a legislative meeting with participation by members of the board of directors and government affairs committee as well as CMSA Legislative Advocate Chuck Cole and CMSA Legal Counsel Mark Hegarty. The issues covered include:

• Sustainable Freight Transport Initiative —CARB’s latest program will impact the operation of diesel equipment in California. This long-term program, also known as Pathways to Zero and Near-Zero Emissions, will have a major impact on our industry and our state. More information on this program and its impact will be provided in future columns.
• AB 1897 — Our efforts to modify this bill.
• SB 541 — CMSA has joining efforts with other impacted transportation industries and their associations in modifying this bill.

Specifically to SB 541, this bill would mandate the CPUC to monitor the performance of the Transportation Enforcement Branch and to develop a “comprehensive strategy to detect, deter and take enforcement actions against charter-party carriers of passengers, passenger stage corporations and household goods carriers that are operating illegally.”

SB 541 would also mandate that the CPUC coordinate with sheriffs, police officers and CHP officers to “enforce and assist in the enforcement of criminal violations of the Household Goods Carriers Act.” It would also require the agency to establish lines of communications with these officers to “ensure that the commission is notified if any action is commenced so that the commission may take appropriate action to enforce the fine and penalty provisions of the Household Goods Carriers Act.”

Below is a portion of the bill’s current language:

                “(b) The commission shall implement a program to monitor the performance of the Transportation Enforcement Branch of the Safety and Enforcement Division to ensure that applications for permits and certificates are processed in a timely manner, ensure investigations are completed properly and in a timely manner, and ensure that the branch is taking appropriate enforcement actions. The program shall include, but shall not be limited to, the following performance measurements:
                (1) The average length of time it takes to process an application for a permit or certificate.
                (2) The number of complaints received and the average length of time it takes to resolve those complaints.
                (3) The number of investigations, stings, and other operations undertaken to prohibit the illegal operation of charter-party carriers of passengers, passenger stage corporations, and household goods carriers.
                (4) The average length of time it takes to complete an investigation and the disposition of the investigations completed.
                (5) A method to annually analyze fees assessed on charter-party carriers of passengers, passenger stage corporations, and household goods carriers to determine if those fees are fair and commensurate with services rendered.
                (c) (1) The commission shall develop a comprehensive strategy to detect, deter, and take enforcement actions against charter-party carriers of passengers, passenger stage corporations, and household goods carriers that are operating illegally. This strategy shall include steps to increase on-the-street enforcement of illegally operating charter-party carriers of passengers, passenger stage corporations, and household goods carriers and, to the extent possible, the commission shall coordinate with state and local law enforcement on enforcement activities.”

April/May 2015 - CMSA Communicator