Existing law provides that where 2 or more insurance policies apply to the same loss and one policy affords coverage to a named insured engaged in the business of renting or leasing motor vehicles without operators, it is conclusively presumed, subject to specified conditions, that the policy to the named insured shall be excess to the other valid and collectible insurance policy. This bill would instead provide that where 2 or more insurance policies apply to the same loss and one policy affords coverage to a named insured who in the course of his or her business rents or leases motor vehicles without operators, it is conclusively presumed, subject to specified conditions, that the policy to the named insured shall be excess to the other valid and collectible insurance policy.

AB 2253, as amended, Hancock Vehicles: illegal dumping. Existing law prohibits the dumping of various matters upon the highways. Existing law makes it an infraction for a person to dump or cause to be dumped waste matter in or upon specified public or private property and a misdemeanor for a person to dump or cause to be dumped a commercial quantity of waste matter in or upon specified public or private property. Existing law makes it either a misdemeanor or felony for a person to knowingly cause the dumping of hazardous substance on specified property.

Governor Schwarzenegger signs SB 372
Helps construction transportation industry
achieve uniformity in permit requirements

Governor Arnold Schwarzenegger has signed Senate Bill 372 (Margett—R, Arcadia), a much needed measure which will help the construction transportation industry achieve uniformity in local government permits for “unusually large or heavy loads.”

The new law, which goes into effect January 1, 2007, will require cities and counties to conform to Caltrans’ rules on these loads, according to Greg Dineen, industry transportation consultant, who helped define the problem based on complaints from California heavy-haul transporters.

“Localities will no longer be able to charge more than Caltrans for transportation permits because of their interpretation of an ‘unusually large and heavy load,’” Dineen said, following the bill signing. “Some local governments have considered any load that requires a permit as ‘unusually large and heavy load,’ or you wouldn’t be applying for a permit.”

The additional language of SB 372 will clarify that unless the load is considered a variance load by Caltrans standards, cities and counties can not charge more for permits than Caltrans. State law provides that the cost for single trip permits is $16 and an annual permit is $90. If a load meets variance standards then local authorities may charge additional fees for additional services that may be required, such as engineering investigations, law enforcement escorts and tree trimming, which, according to the California Vehicle Code (section CVC 35795) “shall be billed separately for each permit.”

Under Caltrans regulations the fee for these services may not exceed $50 per hour of actual work performed. In the case of multiple identical loads, these service expenses should only be charged one time, with the possible exception of the cost of law enforcement escorts, Dineen added.

“We want to thank the Governor, Senator Margett and the Southern California Contractors Association who helped bring about this improvement in uniformity for our industry,” Dineen said. 

A secondary benefit from approval of SB 372 should be a reduction in additional insurance requirements from communities where these loads are permitted.
“Now that we have a clear definition, local agencies should not require any proof of insurance other than what DMV currently requires, $750,000,” Dineen said...  “This should eliminate localities requiring our industry from having to naming them additionally insured and not require anymore coverage than $750,000 in lieu of a permit being issued.”

For more information, contact Greg Dineen, Industry Transportation Consultant (760) 249-4376 * Fax (760) 249-6403 or by email at gregdineen@h-e-r-o.org