Some Oxford Village residents may have noticed large trucks were briefly permitted to use W. Burdick St. last week despite ordinance language prohibiting them since October.
It wasn’t an April Fools? Day joke.
It was a case of officials being cautious while they investigated a potential safety-related issue raised by an Oxford trucking company.
That investigation is now over and following a March 31 closed session, council reiterated through a unanimously-approved motion that the existing ordinances ‘will be enforced as written.?
‘I don’t see the need to suspend enforcement of the ordinance and (council) agreed,? said village attorney Bob Davis. ‘Allegations were made and they’re just not bearing out.?
One ordinance prohibits trucks weighing more than 40,000 pounds ? gross weight including cargo ? from using W. Burdick St. at any time. An exception was made for local deliveries to residences and businesses in the village.
The other prohibits ‘all truck traffic,? with the exception of local deliveries, on W. Burdick St. between the hours of 7 p.m. and 7 a.m. Trucks are defined by the village as any vehicle that weighs more than 7,000 pounds and is capable of carrying cargo.
?(Council) saw no reason to suspend or modify or give any breaks on the ordinance,? Davis said. ‘They just don’t see the issue.?
Davis explained the week before, he was contacted by Steven A. Wright, a Shelby Township-based attorney who represents the TKMS trucking company located at 425 S. Glaspie St.
Wright informed Davis he was directing TKMS trucks to use W. Burdick St. because one the company’s trucks had been involved in an accident while using an alternate route.
Wright did not return phone calls seeking comment last week and was out of the office this week.
According to Davis, Wright blamed the village’s truck prohibitions for the accident and threatened to seek a restraining order prohibiting enforcement of the ordinances.
Davis countered by setting up a meeting between Wright and village officials, so TKMS could explain its case.
‘I take it seriously when somebody says we may have created a dangerous situation,? Davis said. ‘I’m going to investigate it.?
While this matter was being sorted out, Davis worked out ‘a gentleman’s agreement? by which TKMS trucks were permitted to use W. Burdick St. as a ‘temporary measure? from March 30 through April 1.
‘We don’t want to be accused of not reacting to an alleged accident,? he said.
Tight restrictions were placed on TKMS trucks during this grace period. They could only use the street from 6-7 a.m. and they could only travel 15 miles per hour. Drivers also had to ensure their truck’s gates were shut ‘extra tight? and they could not ‘play around? with the gas pedal and exhaust in such a way that would generate a lot of noise.
Even though they were allowed to do so, no TKMS trucks used W. Burdick St. on March 30. Thirteen trucks went through on March 31 and a ‘handful? on April 1, Davis said.
Davis indicated he didn’t get much detail from Wright regarding the accident that precipitated this situation and never received a copy of the police report.
‘They have not produced that yet,? he said. ‘That’s one of the things I asked for.?
This reporter was able to track down the report with the assistance of the Oakland County Sheriff’s Office.
According to the report, the accident occurred around 5:36 a.m. on March 19 just north of the intersection of Oakwood Rd. and Lapeer Rd. (M-24) in Oxford Township.
It involved a TKMS truck driven by a 36-year-old Oxford man and a 2011 Ford Focus driven by a 57-year-old Mayville woman.
The TKMS driver was ticketed for failing to yield while making a left turn from the northbound to the southbound lanes of Lapeer Rd.
According to the sheriff’s report, the TKMS driver stated ‘he thought he had enough time to get across Lapeer Rd.? and ‘he almost made it across before being struck by (the southbound Focus) from the rear.?
The report stated the TKMS driver ‘failed to yield? to the Focus, ‘causing a collision.?
‘I don’t think (the accident is) bearing out to be any fault of the route,? Davis said.
Ultimately, Davis said there are plenty of routes for TKMS trucks to use that don’t involve W. Burdick St.
‘Maybe they’re not convenient or cost-effective, but there are quite a few routes,? he said.
Davis noted W. Burdick St. was closed from June 11 to July 30 last year while a portion of it was being reconstructed and TKMS ‘seemed to survive? using ‘alternative routes.?
‘They must have found their way,? he said.
Davis is glad the village took the time to look into this matter and briefly allowed trucks to use W. Burdick St. as a precautionary measure.
‘I think we were prudent,? he said.
When asked the odds of TKMS successfully obtaining a restraining order, if the company chooses to pursue one, Davis replied, ‘Had (the village) not done this pause, I think their chances were better. I think they’re not so good now.?