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Motor Carrier Review Board
March 2, 2004

Board Members Present:

Mark Hutchins, Ron Hutchins, Steve Izer, Dale Hanington, Alan Quinlan, Bruce Gray


Staff Present:

Garry Hinkley, Francis Fox, Tammy Warren Lyons, Dolores Hayes


Secretary of State Office: Chip Gavin

Attorney General Office: Bill Laubenstein


Guests:

John (Jack) Horne, State Police

Dick Carpenter, State Police


The meeting was called to order at 9:00 a.m. Mark Hutchins, Chair, described the purpose, rules and regulations of the Motor Carrier Review Board for those present on this day.

First on the Agenda: Minutes of the December 4, 2003 meeting.

There are a couple of typing errors in the December 4, 2003 minutes. There is a run on word on the third page under Eagle Express Inc.: 3 violations excess vehicle weight and at the very end under New Business where it says SAFE START it should be SAFE STAT.

A motion was made and seconded to accept the minutes as amended. Motion passed as unanimous.

Garry Hinkley introduced the Guests for today. Jack Horne and Dick Carpenter from State Police will be doing a presentation at the end of the meeting today on Information Systems available to us and to Law Enforcement.

Review Rules Changes:

Garry Hinkley noted that this is the first meeting under the revised Rules that went into effect January 1, 2004. There are still 3 Chapters. Chapter 1, is organizational, telling how the meetings will be run, making it clear that everything is governed by the Freedom of Information Act and describes a quorum. Chapter 2, is the selection process. Only change is the addition of a definitions section. Those definitions apply to the entire process. Chapter 3, was a complete rewrite of the review process. It makes it clear that the Chair is President of the Board and serves as the Presiding Officer. An important change is that all the items in will be read into the record . Deliberations have to be in public. Motions should be worded to reflect how the decision was determined. The biggest change is the Summary of the meeting will now be sent to the Chairperson, Mark. Mark will approve it or change it. After Mark has signed off on it, the recommendations will be forwarded to the Secretary of State. The carrier also will get a letter communicating the proposed decision. The final decision may be 30 days after the report.

Questions regarding the Rule: Discussion on the need to change the Operation over 15 hours Rule; Operation over 10 hours Rule. Board agreed that a change is desirable. The Federal Government has changed their Operating over hours of service Rule. Should make it part of the next Rule change.

It was agreed to reflect hours of service violations as “14/15” and “10/11” so that during this transition period it won't make any difference.

A motion was made and seconded to change the Rule to make “Operating Under the Influence in Commercial Vehicle” be assigned 5.9 points; and that the two changes to the Hours of Service Regulation to be Operating a Motor Vehicle over 10/11 hours and Operations over 14/15 hours. The vote was passed as unanimous.

Review Correspondence:

Garry reported on his correspondence with several carriers presented at the Dec. 4th meeting.

Garry reported on his e-mail contact with Lisa Holman from Schneider on how they addressed those particular problem drivers. They either retrained them or in a couple of cases they terminated them.

Transam Trucking, Olathe, Kansas. Transam Trucking had many Overlimit violations, which the Board assumed were 53-foot trailer violations, and that did turn out to be in deed the case. Garry communicated with Dave Cole their Safety Manager about that and he confirmed they were 53-foot trailer violations. They had not always obtained the permits that were required at the time. That puts that issue to rest as well.

Bradway Trucking, A "B" carrier from last time. Carrier reported that most of their violations were for lack of 53-ft .trailer permits. Garry’s response noted that the carrier did have some driver problems in other states.


Review of A Carriers:

Scott Ferland DBA Almighty Waste and Ace Professional Towing.

Scott Ferland, dba Almighty Waste and Ace Professional Towing of Auburn, ME 04210 is in the trash hauling and car towing businesses using approximately 7 trucks. The carrier has been reviewed several times, and this is a 6-month follow-up review. During the review period, the carrier has had 27 violations resulting in 97 points. The violations include: 1 false log book; 1 aggravated gross weight; 4 unqualified drivers; 2 unsafe motor vehicles; 4 excess vehicle weights; 1 hazardous materials rule violation; 1 unsecured load; 5 various vehicle defect violations; 2 Operating Authority violations; and 4 expired inspections; and 1 illegal attachment of plate. Carrier reported 218,000 miles on their IFTA and Fuel applications for an RSR of 44. Carrier had 5 violations after the review period.

The carrier has a driver SEA of 94.5, a vehicle SEA of 99.5, and a management SEA of 97.4. The carrier is rated as a "B" carrier in SAFESTAT and has a conditional safety fitness rating. The carrier's SAFESTAT score is 338.

The carrier was previously required to file a Safety Plan, which was accepted. The Board asked for a follow up letter, which was received. The carrier had 4 accidents in 2003.

The Ferlands sent a letter asking for a continuance.

Materials for the record.

  1. summary report
  2. letter asking for continuance
  3. supplemental questionnaire
  4. MCMIS company safety profile
  5. QC summary report & recent inspection reports (5)
  6. Safestat report
  7. ISS carrier summary/snapshot
  8. Safetynet 2000 inspection carrier profile
  9. Accident reports (4)
  10. Drivers records

The motion was made and seconded and the Board voted unanimously to continue Almighty Waste to the June 1, 2004 meeting as an "A" Carrier. The review period will be Oct. 1, 2002 through Sept. 30, 2003.

Donald Hayden Son Logging, Harmony ME. No Action.

Donald Hayden & Sons Logging Inc. of Harmony is in the forest products hauling business hauling tree length and 8 foot wood to area mills in Maine.

The carrier operates 3 or 4 tractor semi-trailers. The company has had approximately 9 different drivers over the past 2 years.

During the reporting period, the carrier had 6 violations: 2 for excess vehicle weight; 2 for inadequate brakes; 1 unsecured load; 1 operating without a registration. A total of 19.6 points; 152,000 Maine miles taken from the 2003 Fuel Tax application; results in an RSR of 13. No violations after the reporting period.

In 2003, the carrier had 4 accidents. The carrier has a Federal SAFESTAT score of 288, and is rated a “B” carrier by FMCSA. The carrier has an out-of-service rate of 83% and is in the Motor Carrier Safety Improvement Program. The carrier’s accident safety evaluation area score is 98 and the vehicle SEA is 92.

This is the carrier’s first review.

Materials for the record:

  1. summary report
  2. supplemental questionnaire
  3. 2002-2004 Fuel tax licenses
  4. MCMIS company safety profile
  5. Safestat report
  6. ISS carrier summary/snapshot
  7. Safetynet 2000 profile and recent inspection reports
  8. Accident reports (4) 2/20/03; 2/23/4/03; 3/4/03; 3/27/03
  9. Drivers records

Donald Hayden represented the carrier. He discussed the four accidents the carrier had in 2003. He explained to the Board that the accidents were not necessarily the drivers' faults. Mr. Hayden also noted that his trucks receive a post trip inspection every night and any problems that are discovered are corrected.

A motion was made and seconded to recommend no further action and the Board vote was unanimous.

Marvin Lovely, dba Lovely Trucking, E. Holden, ME. No Action.

Marvin Lovely DBA Lovely’s Trucking, Modular Enterprises and several other names, of Dedham, Maine, failed to return a supplement, although Mr. Lovely and Mr. Hinkley spoke several times by phone. Mr. Lovely was in the Mobile Modular Home transportation business as well as general freight. He had operations both in Maine and in Vermont. The carrier reported by phone that he is out of the trucking business, and the Board previously received a letter to that effect.. A promised list of drivers was not provided until the Friday before the review. Staff was able to take driver information from various inspection reports. Mr. Lovely has one dump truck registered currently.

During the reporting period, the carrier had 14 violations. 1 for false log book, 1 for log book not current, 1 for excess vehicle weight, 1 for inadequate suspension, 1 over length, 5 expired inspections, 3 no registrations, 1 failure to display fuel decal. 21.2 points; 8100 miles taken from various fuel tax reports resulting in an RSR of 390.

The carrier had six violations after the reporting period mostly related to suspended credentials. However, one violation was for exceeding bridge clearance height.

This carrier has been placed out-of-service by FMCSA for failure to pay a fine. Carrier is listed as inactive and has a conditional safety rating. Carrier has a SAFESTAT score of 248 and had 1 accident in 2003. In addition to being suspended by Maine in PRISM, the carrier also is IFTA suspended through the State of Vermont.

There are several related entities: including Modular Enterprises, New England Heating. There also is a relationship with Trailer Transport. Mr. Lovely registered at least one vehicle for that carrier. A driver who drove for Mr. Lovely also drove for Trailer Transport.

This is the carrier’s first review.

Materials for the record:

  1. summary report
  2. safetynet 2000 profile
  3. MCMIS company safety profile
  4. QC carrier summary/snapshot
  5. Accident report 7/21/03
  6. Drivers records

Marvin Lovely represented the carrier. Mr. Lovely acknowledged his past problems. He noted that he previously had operated 8-9 trucks in interstate commerce. He now has one dump truck, which he plans to operate locally starting in the spring.

Based on Mr. Lovely's assertion that he has no intention of resuming interstate trucking, the Board made a motion and it was seconded to recommend no action. It was a unanimous vote.

REGINALD SHAW dba SHAW OIL, SHAWAY, AND BRIDGEWATER WOOD PRODUCTS, Continued.

Reginald Shaw dba Shaw Oil, Shaway, and Bridgewater Wood Products of Bridgewater is in the home heating oil business and possibly in the wood chip hauling business utilizing 3 trucks. During the review period the carrier had 9 violations for 28.8 points including: 1 unqualified driver; 2 weight violations; 5 various vehicle defect violations; and 1 failure to display valid inspection. 25,000 Maine miles taken from his 2002 Fuel Tax application results in an RSR of 115. Carrier also had 5 violations after the review period.

The carrier is a category “F” carrier with a driver SEA of 74 and a vehicle SEA of 99. Vehicle out-of-service rate is 60%.

The carrier currently has 3 registration suspensions. The carrier was reviewed previously in May 1998 under the name Bridgewater Wood Products. The RSR at the time was 36. After that review, the Board voted to take no action.

After the review period, the carrier five additional violations including 3 for excess weight and 2 for vehicle defects.

Mr. Shaw sent a letter asking for a postponement.

Materials for the record:

  1. summary report
  2. supplemental questionnaire
  3. MCMIS company safety profile
  4. QC carrier summary/snapshot
  5. Accident report (11/7/02); Accident report (9/30/02)
  6. Safetynet 2000 profile and recent inspection reports
  7. Safestat report
  8. Drivers records

The Board made a motion and it was seconded to continue Mr. Shaw to the June 1st meeting as an "A" carrier. The review period will be Oct. 1 2002 through Sept. 30 2003. It was a unanimous vote.


"B" Carriers

"B" carriers from December 4th meeting failing to return supplements.

  1. Western Express, Nashville, TN. 37 violations. RSR 22.8. The Board voted to make this carrier an "A" carrier for the June 1 meeting unless the carrier returned its supplement, and the staff determined that the carrier should not have a full review.
  2. Glenn Luce Trucking, Turner. 5 violations. RSR 35.4. The Board voted to make this carrier an "A" carrier for the June 1 meeting unless the carrier returned its supplement, and the staff determined that the carrier should not have a full review.

 


Top 20 carriers

Down Home Transportation. Houlton, ME. Letter A. 195 violations, mostly for hours-of-service violations (as a result of a terminal audit), 1068 points; RSR 361. Carrier is IFTA and FTA suspended, and may be out of business.
A motion was made and seconded to make Down Home Transportation a "A" carrier. The vote was unanimous.

K B Corporation. Hampden, ME. Warning letter. 5 violations, 2 for logbooks; 22.9 points; RSR 1.6. Carrier had four accidents in 2003.
A motion was made and seconded to send a letter "B" as the Board needs more information relative to this carrier. Motion carried as five to one.

North Atlantic Scaffolding, Auburn. Warning letter. 6 violations, mostly for vehicle defects. 15.3 points. Mileage unknown. RSR unknown. Vehicle SEA 95.
A motion was made and seconded to send a letter "B" a warning letter as te Board needs more information on this carrier. Motion carried unanimously.

Cousineau Inc. North Anson. No Action. Staff to monitor and resubmit if carrier fails to improve. 32 violations, mostly false logbook (as a result of a terminal audit.) 223 points. RSR 114. Carrier has reduced operations, and has terminated 5 of 7 drivers.
A motion was made and seconded to take no action at this time. The vote is carried with one member abstaining.


Next meeting. The next meeting is scheduled for Tuesday, June 1, 2004.

Mark Hutchins, Chair. "Let the record show that we missed George and hope he doing well and he is back at the next meeting."

The meeting was formally adjourned at 11:10 a.m.


Presentation.

The Board received a presentation from Jack Horne, MSP CVEU, on the various data systems in use by the Commercial Vehicle Enforcement Unit.


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