California Surveyors Forums

Does a City Inspector have a legal right to tell a surveyor working in the street to get out of the street?

Does he have a legal right to issue a citation?

Does he have a legal right to require a permit to work within the street?

Does he have a legal right to require certain signage or cone placement?

Where are these legal rights spelled out?

YES.

We must follow all safety regulations, for OSHA / Caltrans stds Etc.

We cannot block a lane without a permit. If we are in violation of lane closure, he can cite us.

Most of the time, Law enforcement will let us slide inder "profesional courtesy" point of view. We usually arent in a busy street for long, and there isn't much traffic on subdivision streets.

Citation is usually the last resort to get us out.

"For the counter point of viewers" . . . yes, we do have rights, but not to the extent of causing potential traffic situations.

and for Heavens . . . be safe please "Coastal" one

"good"

I see it as GOOD does.

I have been told by inspectors and CHP to move out and I do, until they drive away, then I continue with my task. Hey, the job has to get done!

But be SAFE!

As the County Surveyor and Encroachments supervisor I see both sides of this issue. As both responders have stated, safety is the number one consideration for both the surveyors and drivers.

Signs, cones and flagmen go a long way to making a set-up safe. I have seen surveyors set up in a busy street with a blown over sign a very short distance up the street and a 'slow' paddle stuck in the top of the only cone. All it takes is one inattentive driver to rear end some one suddenly slowing because of your insufficient flagging and you've got cars joining you in your little 'cone zone'!

If you're going to block off a lane on a country road for a short time I wouldn't expect you to get an encroachment permit. To do the same thing all day on a busy or high speed street, however, I would.

Give yourself plenty of warning and plenty of room while in the road.

I had one city near LAX tell me over the phone that if i set up survey equipt on the sidewalk I had to leave 4 ft clear.

I looked around and noted 3 instances where due to bus stops, or other obstructions installed by the city left less than 4 ft.

Why, I would give any City person the option, leave me alone and I wont report your violations to the Disabled orgs.

I have on occasion, while exposing subdivision, centerline, etc. monuments, been approached by agency inspectors and threatened with a fine for digging a hole in the paved street without a permit. I politely explain what I am doing and when this falls on deaf ears (usually), I go into the agencies offices (usually a City), ask to speak with the City Engineer or the Engineer in responsible charge of pavement management. While politely discussing the issue in regards to 8771, pull out a blank BPELS Complaint form and ask how to spell their name and their license number.

Usually, the understanding becomes pretty clear before I finish completing the form.

Now that we have a JPPC nearby, I then submit the issue to them for followup.

Ric

way to go Ric!
can I download a blank BPLS Complaint form?... never mind:
http://www.pels.ca.gov/consumers/bpelscmf.pdf
I need to keep a couple in the glovie!

As a followup, I do respect the safety issues associated with venturing out into right-of-ways and always wear safety vests, use cones, etc. My philosophy has always been to make sure I am seen and there is no doubt to drivers that I am there.