The Ojai Post

Too bad that part of the CUP for any of these gravel operations isn't mandatory GPS tracking of their tractors and trailers.

I live on Aliso near Canada..I've seen them in the morning on Canada St. I couldn't believe it! Do we as citizens have the right to stop them -- ie: as pedestrians, walk and stop in front of them and call the police? Will the police cite them? Or do we try to get their license numbers and report them? To whom? I've also witnessed them speeding on Hwy 33 by the high school in a school zone during school zone hours! SHould I stand on Maricopa highway with a video camera? WHo can pay me to be away form work to do this? I'd gladly do so for 1-2 weeks (min, $20/hour)

However, I, like the semi drivers, are usually working, or on my way to work, and also have a deadline to make. I do feel for the drivers...just trying to make a living, like myself. I SHOULD be able to call the police on my cell immediately and know that I will get the results that I expect as I a taxpayer -- not to have to act as community police myself as in a less lawful country, state, county, city, neighborhood.

Does "strict liablity" apply here?... reckless endangerment by way of..

"The concept of strict liability is also found in criminal law, ...Strict liability often applies to vehicular traffic offenses. In a speeding case, for example, whether the defendant knew he or she was exceeding the posted speed limit is irrelevant. The prosecutor would need only prove that the defendant was indeed operating the vehicle in excess of the speed limit." (http://en.wikipedia.org/wiki/Strict_liability)

...or in violation of the lawfully agreed upon CPU, whether or not the driver knew it. If the company (the mines) which subcontracts the trucking company, which subcontracts the divers and truck to meet deadlines which are not in reason with the CPU is found liable, then enforcements, fines, and cease and desist orders would surely be implemented.

The rhetoric of "more cops on the street" somewhat scares me; however, the ideal reality of more cops enforcing traffic and public safety violations not only gladdens me , but rightfully fills the public coffers!

I agree with Dale (August 27, 2008 11:24 AM)in that "Stop the Trucks" is a negative slogan; we are supplied with much of our resources (food, gas, clothing, trash/recycling, etc...) by trucks operated by hardworking truckdrivers... a more postive and direct slogan targeting the gravel mining trucks which are not destined for the Ojai Valley and do not contribute to the economy of the Valley might be "Stop the Gravel Trucks" -- plain, simple and to-the-point.

The various state and federal "free commerce" doctrines of state highways being through ways for ligitimate commerce
will invariably come into play here since both Hwy 33 and Hwy 150 are state highways. However, residential streets are subject to residential weight limits and speed limits. There myraid cases of local safety clauses that have been upheld over "free commerce" clauses are too many to list or cite here (Google or Lexis-Nexus).

Who among us has the time, energy, and resources to detect and document the violations, and THEN, write briefs, attend meetings, and get to know the CALTRANS, County Police, Planning Commission, etc. good-ol-boy, money talks, handshake, wink, wink, "good enough for govt. work", "just trying to wait it out 'til retirement", "gimme yours or your dead" system, and triumph for the safety of the community while still making a living for his or her family? Aren't the police responsible for enforcing traffic laws? Thank you Howard Smith, Ray Smith, Forest Watch, et. al.

And, Thank you, Suza, for being the first to respond as a City Council Candidate. She has my vote on this issue. If I were a parent of Nordhoff students, I'd be out there in FRONT of those speeeding trucks in the morning "recklessly endangering" children! (yes, I'm the one who yells at people speeding down ALiso St!)

Weight + Speed is dangerous and destructive to our streets and highways, plain and simple. Enforce the traffic and road safety laws!

Judy,

Thank you for your thoughtful post. Please keep in mind that "Stop the Trucks," is a very broad based coalition of many different organizations and a highly diverse group of hundreds and hundreds of valley residents. If you or anyone else would like to help in any way shape or form, please let us know. You can contact us thru the Chamber office or by posting here.

And yes, we know the name isn't perfect but it was short enough and now well known enough in the community, the press and among all of our county's political leaders that it would be hard to change.

And, no, we are clearly not against trucking to support local businesses and needs. What we object to and seek to stop is the transforming of our two main thoroughfares, 33 & 150,into industrial gravel truck corridors that will undermine the health, safety and economic base of our valley.

Although most people are seeing fewer trucks these days, it is not because we have "won" but rather a measure of a slow down in the economy. The threat remains very real. And when the regionally economy picks up again, we will see floods of trucks coming through the valley as we did last year on a 24/7 basis unless we are successful on a political level.

The members of the coalition are totally committed to this goal and will not stop until we succeed.

Thank you and thanks to everyone who has shown their support.