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Motor Carrier Review Board
Minutes
March 22, 2005


The Motor Carrier Review Board meeting was called to order at 9:06 a.m.


Present were Board Members:

Mark Hutchins, Chair; Ron Hutchins; Steve Iser; Alan Quinlan; Dale Hanington; Bruce Gray. (Dale Hanington and Bruce Gray had to leave early.)


Staff:

Attorney Bill Laubenstein; Garry Hinkley; Francis Fox; Colleen Weed; Dolores Hayes.

New Secretary of State Mathew Dunlap attended briefly to introduce himself to the members and thank them for their service on the Board.


The Board voted unanimously to accept the minutes of the December 9th meeting as written.


Review of "A" carriers:

Chairman Mark Hutchins asked for the review of "A" carriers starting with Richard Kinney. No one represented Mr. Kinney.

Richard Kinney, dba Kinney Transport.

Garry Hinkley reported that staff was unable to make contact with Mr. Kinney. Mail went returned and phone calls went unanswered. Richard Kinney, dba Kinney Transport, of Veazie, Maine is a one-truck carrier carrying fresh produce, general freight, and dry bulk commodities. The carrier failed to return a supplemental questionnaire and may be either out of business or functioning as an owner/operator and leasing to a carrier.

During the review period, the carrier had 7 violations for 18.4 points including 1 operating without the 7 days previous logs; 2 logbooks not current; 1 operating without operating authority license; 3 operating unregistered commercial motor vehicles. The carrier reported 41,000 Maine miles on their IRP registration resulting in an RSR of 44.9. There are no violations after the review period.

The carrier has a driver SEA of 93.5; and a vehicle SEA of 98.8. The carrier is SafeStat catagory "E" with a SafeStat score of 239. The carrier is at MCSIP step 57, and has been placed out of service since 12/17/04. The carrier has been IFTA suspended since July 16, 2004.

This is the carrier's first review.

Documents for the Record:

  • MCRB Summary Report
  • MCMIS Safety Profile
  • SafeStat History
  • Query Central snapshot

There was discussion that the carrier maybe out of business or functioning as an owner-operator. Kinney had a violation in January 2005. Last Maine IRP registration expired in July 2004.

Board voted to recommend suspending the carrier’s privilege to operate in Maine until the carrier appears before the Board. Motion made by Steve Iser, and seconded by Ron Hutchins. Passed Unanimously.

Steve & Sons Inc, was represented by Steve Plummer, President.

Garry reported: Steve & Sons Inc of South China, Maine, DOT #658071, is a for-hire carrier carrying paper products, beverages and other commodities. The carrier operates approximately ten trucks with approximately seven drivers.

During the review period, the carrier had 7 violations for 29.7 points including 1 operating with false log book; 3 operating with a 70/60 hour rule; and 3 failure to display valid inspections. The carrier reported 104,968 Maine miles resulting in an RSR of 28.3.

The carrier had 1 violation after the review period for failure to display valid vehicle inspection.

The carrier is a SafeStat catagory "B" with a SafeStat score of 334.6, and has an ISS score of 98. The carrier has a Driver SEA of 99.0, a vehicle SEA of 92.3, and a Safety Management SEA of 93.9. The carrier is MCSIP step 12 and is rated as conditional. The carrier was placed out-of-service by FMCSA on 1/11/05 for failure to pay a fine. The carrier was restored from that order on 1/14/05.

This carrier was a carry over from the October meeting due to a failure to return the supplemental questionnaire.

Documents for the Record:

  • MCRB Summary Sheet
  • Carrier Supplemental Questionnaire
  • MCMIS Safety Profile
  • SafeStat History
  • Query Central Carrier Snapshot

Mr. Plummer stated he has been in trucking since 1964. He is committed to safety. Has cut back on the number of trucks due to difficulty of getting drivers. Noted the need to "improve the paper trail".

Steve Iser made a motion for "No further action" and Ron Hutchins seconded. The vote was unanimous.

After a short break Chairman Mark Hutchins called Lucas B. Lee, dba Lee's Transportation, represented by Lucas Lee and Douglas Fitzpatrick.

Lucas B Lee, dba Lee's Transportation.

Garry reported that Lucas B Lee, dba Lee's Transportation of Littleton, Maine, DOT #458430, is in the business of transporting produce from Maine to points in New York and New Jersey. The carrier currently has one truck registered in the IRP.

During the review period, the carrier had 6 violations including 2 for logbooks not current; 1 for a defective tire; 1 for failure to provide insurance; 1 for inadequate exhaust; and 1 for no fuel decal. Total points 15.9. Maine mileage is 90,989 resulting in an RSR of 17.5.

After the review period, the carrier had 1 violation for logbook not current. The carrier has a driver SEA of 93.4; a crash SEA of 94; and a vehicle SEA of 44.8. The carrier is a SafeStat category "B" carrier with an ISS score of 99 and is at MCSIP step 1.

Documents for the record:

  • MCRB Summary Report
  • Carrier Supplemental Questionnaire
  • MCMIS Safety Profile
  • SafeStat History
  • Query CentralCarrier Snapshot

Mr. Lee noted he has reduced his fleet from three trucks to one, and currently is functioning as an owner-operator for B & J Transportation. Mr. Lee noted he had problems with a driver; also had paperwork problems when he went through a divorce. Had trouble getting insurance after an accident, so he had to go to work as an owner-operator.

A motion for no further action at this time was made by Ron Hutchins, seconded by Bruce Gray and the vote was unanimous.


Secretary of State Dunlap thanked the Board for their excellent work and excused himself from the meeting.


Garry reported on two carriers that the Board added to the list pending action at the staff's discretion.

  1. Bulk Carriers, PEI LTD. Cornwall, PEI USDOT 56852. Staff decision. Carrier was dropped from consideration upon receipt of revised Maine mileage. RSR reduced to 13.3.
  2. Shay Brothers Inc. Danforth, ME USDOT 454226. Complied with Board requirements. Shay Brothers Inc complied with the Board’s request for additional information on their maintenance program.

Old Business:

Scott Ferland, dba Almighty Waste. Auburn ME.

Complied with Board requirements to submit a new questionnaire. Staff reviewed the information, paying special attention to the list of drivers. The information on the questionnaire is consistent with Dave Reynolds December 9th presentation to the Board. The company has had a lot of driver turnover, and some of the drivers have been with the company only a short time.

Since their June 1, 2004 review, Almighty Waste has had four motor carrier violations; three for vehicle defects, and one for logbook not current. The carrier's Motor Carrier Review Board metrics have improved as their older violations start to drop off.

The following table compares their metrics on June 1st to their metrics on December 22nd.

Metrics Comparison

 

6/1/04

12/22/04

Number of Violations 23

23

14

Total Points

78.6

45

RSR

36

19.4

 

The Board accepted the staff report.

Avery Jones Inc. Fredericksburg, VA. USDOT 691038.

Review. 9 violations, total points 34.1, RSR 480. Carrier has failed to respond to request for a supplemental questionnaire. Board voted conduct a full review at the next meeting. Also voted to give the staff discretion to dismiss if the carrier provides the required information, and the staff feels a dismissal is warranted.

Documents for the record:

  • MCRB summary sheet
  • ISS carrier snapshot

Horizon Freight System Inc. Cleveland OH. USDOT 237360.

Continue. 7 violations. Total points 22.7; RSR 76.4. Carrier previously had been a “B” carrier and just returned their supplemental questionnaire. Based on the carrier’s size (647 trucks, all owner-operators) and apparent lack of management, and ongoing safety problems, the Board voted to continue the review for further information. In particular, the Board was interested in any related entities i.e. Kaplan and Horizon. Motion by Steve Iser, seconded by Ron Hutchins.

Documents for the record:

  • MCRB summary report
  • ISS carrier snapshot
  • Driver/vehicle examination reports (6)
  • Supplemental questionnaire (incomplete)

Clinton G Bradbury Inc, Dixfeld, ME USDOT 526039.

No Action. Originally a “B” carrier. Carrier returned their questionnaire which resulted in a revised (higher) RSR of 31.9. Previous RSR was 20.6. Steve Iser moved no further action, which was unanimous.

Documents for the record:

  • MCRB review sheet (revised)
  • ISS carrier snapshot
  • MCRB questionnaire

 


Top 20 Review (only 9 this time)

Auslander Corporation, NJ, DOT67045 Warning letter. 8 violations including 5 serious violations, RSR 749. ISS & PRISM reports. Ron/Steve unanimous.

Shoker Brothers Inc, CA, DOT 941799, No Action, 5 violations, RSR 255. Ron/Alan unanimous.

Sirios Trucking LTD, NB, DOT 667720, No Action. 5 violations, RSR 82. ISS report. Ron/Steve Unanimous

Western Express Inc, TN, DOT 511412, No Action. 82 violations, (20 serious) RSR 38.7, previously reviewed in 6/04. ISS report; analysis 2004 v. 2005; letter from Western Express. Ron/Alan, unanimous.

Big Rock Transportation Inc, IN, DOT 970050; Letter A, 17 violations, (8 serious) RSR 33. ISS report & PRISM summary. Ron/Steve, unanimous.

Thornton Construction, ME, DOT 791398ME, Warning Letter, 11 violations, RSR 18.2, 5th review. ISS report. Steve/Ron, unanimous.

KM Trucking Inc. ME, DOT 1079808, No Action. 9 violations, (1 serious) RSR 16.4. ISS report. Carrier reported to be out of business. Alan/Steve, unanimous.

B & J Transportation Inc. ME, DOT 811511, Warning Letter, 27 violations (7 serious), RSR 14.2, ISS report and PRISM Summary. 3rd review. Steve/Ron, unanimous.

Perry Transport LLC, ME, DOT 728844, Letter A, 25 violations, (8 serious); RSR 8.9, ISS report, PRISM Summary. Ron/Alan, unanimous.


 

The next meeting is scheduled for June 7, 2005.

Meeting adjourned at 11:52 a.m.


 

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