The opponents of the Highway 12 megaloads have called their next witness, but he's also an ITD witness: Reymundo Rodriguez, the ITD's motor carrier services manager. So ITD attorney Tim Thomas will conduct the direct examination, and the megaload opponents will do the cross-examination.

Rodriguez cited the rule that governs the issuance of over-legal load permits: "The primary concern of the department in the issuance of overlegal permits shall be the  safety and convenience of the general public and the preservation of the highway system." He said that's what his office looked at in reviewing the megaload permits. "We have them traveling at night when traffic is lowest on U.S. 12," Rodriguez testified, in response to questions from Thomas. Rodriguez said he thought the permit conditions protected the highway system and public safety and convenience "at a high level."

In its brief submitted for the hearing, ITD argued that it can't "restrict commercial travel to protect the scenic appeal of the area, the current business environment in the area, and to insure uninterrupted sleep of individuals choosing to live in close proximity to the highway," saying, "These types of policy considerations and additional restrictions on commercial travel are not within the bounds of discretion that can be exercised by the Department." Only the Legislature could decide that, the department argues.

Rodriguez said the megaloads could be reduced in size, but to do so wouldn't be "practical." Dozens are actually being cut down now to take alternate routes. In its brief, ITD wrote, "In this case, due to the significant time and costs associated with the reduction in size, it is not practical nor reasonable for the Department to require that the modules be reduced further in size." Rodriguez said Exxon told ITD it would cost $500,000 per load to reduce the loads' size further. The hearing has now gone on a lunch break until 1:30, when Rodriguez' testimony will continue.