ANALYSIS:
The Transportation, Parking and Bicycle-Pedestrian Facilities Committee (TPBPFC) requested information regarding on-street truck loading and assessment of current system and development of a citywide plan.
Concurrently, the Miami Beach Chamber of Commerce has also expressed concerns from their membership related to enforcement of FLZ violations through Right-of-Way (ROW) violations. Additionally, there were concerns expressed with the issuance of moving violations by the Police Department as this may impact the driver’s CDL (commercial driver’s license).
Recommendations:
The following initiatives are recommended to address the Chamber of Commerce and trucking industry concerns:
1. Adjustments to Freight Loading Zones (FLZ) based on review of “hot spots” where ROW (Right-of-Way) violations have been issued due to insufficient capacity for freight loading.
2. Further adjustments in FLZ size/capacity and days/hours based on utilization surveys. Please note we have already received feedback from the trucking industry regarding high demand areas in need of expanded FLZ locations. Of course, this may include FLZ reductions in underutilized areas.
3. Transition issuance of ROW violations from company/purveyor to vehicle/driver. This will place responsibility (and accountability) to the driver/vehicle as opposed to the company/purveyor. Moreover, this would address the industry’s concerns with the rapid escalation of the ROW fines as violations would be disbursed among a broader number of incidents as opposed to the more obtuse approach with the company/purveyor.
For informational purposes, the Police Department advises that violations issued for lane obstruction is a non-moving violation and has no bearing on the driver’s CDL. Moving violations are only issued when another traffic infraction is observed by the officer.
The aforementioned recommendations are at varying levels of progress and are anticipated to be completed/deployed by April 30, 2019.
Right-of-Way (ROW) Fine Schedule:
The ROW fine schedule is:
1st Violation - $1,000
2nd Violation - $5,000
3rd Violation - $10,000.
The aforementioned fine schedule for ROW violations is aggressive. This was approved by a former City Commission to achieve compliance. The ROW violation fine schedule is ordained by the City Commission and would require an ordinance amendment to revise it. Please note that the potential reduction of these fines may have an adverse impact on traffic congestion by way of increased travel lane obstructions.
TPBPFC - Request
The Parking and Transportation Departments will provide the TPBPFC with detailed information regarding the City’s Freight Loading Zone Program.