Workers often put in danger on overcrowded vans

Record Staff Writer

Seventeen farm workers climbed out of the van pulled over in front of a California Highway Patrol truck on Stockton's East Church Street.

It was after 4 p.m. and hot. They were on their way home from work. Each had paid $5 for the ride.

Their tools were at their feet. Their driver was unlicensed, and there weren't enough seat belts in the van for all of them.

"This is what we see day in and day out," said Javier Avila, one of two officers who specialize in farm labor enforcement for the CHP's Valley Division. The division covers 15 counties, from Butte and Sierra in the north to San Joaquin and Calaveras in the south.

Nearly 10 years after California lawmakers approved safety and certification measures governing the vans and buses that transport thousands of farm workers throughout the state, many of those workers still rely on dangerously packed vehicles to get them to their jobs. And ever-higher gas prices motivate drivers to carry even more riders.

The workers on Church Street stood against a fence as their driver answered questions and handed over his keys. One of them wondered aloud how they would get to the fields the next day. A tow truck arrived.

Avila, along with Officer Dan Locatelli, look for unsafe and uncertified farm labor vehicles in the early mornings and late afternoons. They conduct free inspections and offer education to workers and drivers on California's transportation requirements.

Officially, farm labor vehicles are defined as those designed, used or maintained to carry nine or more workers to or from the field.

Some vans, Avila said, have wooden benches where seats should be. "It's kind of disturbing to still see that," he said.

Often, workers sit with sharp tools such as asparagus knives or pruning shears at their feet. In an accident, Locatelli said, those tools could fly forward. The vans are supposed to be equipped with a box for safe storage.

In rural Fresno County in 1999, a van full of farm workers collided with a semitrailer truck, killing 13. Soon after, California's Legislature enacted laws meant to improve the safety of farm worker transportation.

Among other requirements, drivers of farm labor vehicles must have special licenses, a first-aid kit must be carried, and emergency exits must be marked. Every rider must have a seat belt, and the vehicles must be inspected annually. Violations include a $1,000 fine plus $500 per passenger, up to $5,000.

The Fresno crash also led to the establishment of pilot agricultural transportation projects in Fresno, Tulare, Kern and Kings counties that aim to provide workers a safe ride to the fields. Then, in 2006-07, California's budget included $20 million in grants for the development of similar efforts.

But challenges persist.

In 2003, the California Department of Transportation led a study of agricultural transportation needs, finding that most workers don't have access to reliable rides. About 40 percent live 25 to 50 miles from their jobs, many getting to work in poorly maintained vehicles.

Juan Ramirez Gonzales was pulled over on Aurora Street last week. Sixteen men, whom he was driving home from work in Livermore, got out.

He has worked in the United States almost 10 years and has had the van for one.

"If you have a small car, you can't pay for the gas," he said. "This is not a business, it's a way of getting to work."

His passengers had paid him $5 each. As they walked away, Ramirez asked Officer Adrian Quintero, "Are you going to take the van?"

"You don't have a license," Quintero said. "It's the law. If you don't have a license, we have to take the van."

Ramirez said he respected the officers, but he was frustrated. California accepted the money he paid to register the van, knowing he couldn't get a license because he is undocumented, he said.

"I would understand if I had committed an error, but I was driving correctly," he said. "I hope people understand what's going on here."