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Motor Carrier Review Board
Minutes
March 20, 2008

The Motor Carrier Review Board met on March 20, 2008. The meeting was called to order at 9:02 AM.

The following Board members were present: Mark Hutchins, Chair; Steven Izer; Alan Quinlan; Bruce Gray; and Dale Hanington.

BMV Attendees: Garry Hinkley, Francis Fox, Patrick Malloy, and Nicole Ibarguen.

AGO Attendee: Gwen Thomas

Guests: None

The December 19, 2007 minutes were approved. Dalen/Bruce; Unanimous

Announcements:

The Maine Forest Products Council has recommended Pat Sirois to replace George on the Board and the Secretary of State’s Office is working with Pat to secure his nomination in the very near future.

UCR Update – 2008 UCR Fees have been approved by the Federal Motor Carrier Safety Administration. The 2008 fee schedule will be identical to the 2007 fee schedule; there were no changes from 2007. Maine has begun to mail the 2008 renewals out to the carriers. The national recommended enforcement date is June 1, 2008.

The contract for the new IRP system was awarded to Explore Information Services, LLC. Explore has systems is Minnesota and Texas, and was recently awarded the contract for Delaware. Motor Carrier Services hopes to begin work on the new system as early as July 1, 2008. The target completion date is September 2009.

Maine currently is evaluating responses to the CVIEW Request for Proposal. The CVIEW system will interface with BMV legacy systems and FMCSA’s SAFER system. The system will support roadside queries of motor carrier data by law enforcement and also electronic screening of commercial motor vehicles at weigh stations.

Maine has also issued a Request for Proposal for an Automatic Roadside Screening System for the Kittery weigh station.

FMCSA has made a change to the use of the MCSIP Step field in support of its Comprehensive Safety Analysis (CSA) 2010 initiative to improve the effectiveness of the Agency’s compliance and enforcement programs.  The change involves the addition of 30 new MCSIP step values, which will indicate a carrier’s status during the Operational Model Test phase of the CSA 2010 initiative. The steps used to indicate an Out of Service status of a carrier (steps 54-63 inclusive) will NOT be affected, nor would the process States use to upload vehicle records to SAFER require a change. A copy of the Comprehensive MCSIP Step Chart is enclosed in your packet.

Correspondence:

Letter from Desjardins Logging Inc – take up during the carrier’s review.

Review of “A” Carriers:

Gerald Pelletier Inc – USDOT Number 421467
RSR 42.3; No Action; Bruce/Dale – Unanimous.

Gerald Pelletier Inc, of Millinocket, Maine is a private property carrier of logs, poles, beams, and lumber, operating 17 power units and 24 drivers.

During the review period (07/01/2006 to 06/30/2007), the carrier had 11 violations (3 serious) for a total of 47.0 points, including 1 aggravated gross weight >19%, 2 operating w/unqualified driver, 1 unsafe commercial motor vehicle, 4 excess vehicle weight, 1 operating over posted weight, and 2 operating beyond overlimit permit. The carrier’s Maine mileage is 111,180 miles (IFTA) resulting in a RSR of 42.3.
The carrier had one accident during the review period.

The carrier has a current Driver SEA of 74 and a Vehicle SEA of 90. The carrier is SafeStat Category F, with a MCSIP Step of 0 (not targeted) and an ISS of 81 (inspect). This is the carrier’s first full review. The carrier had two previous warning letters.

Documents for the record:

  1. MCRB Summary
  2. Carrier Supplement
  3. MCMIS Safety Profile
  4. SafeStat History
  5. Query Central Snapshot
  6. Detailed Crash Report

Reggie Beaulieu testified on behalf of the carrier via a conference call with the Board. He briefly described the company’s history, operations, safety programs, etc. and then answered questions from the Board regarding equipment, violations, and mileage. Questioning revealed that the majority of the carrier’s mileage is off-road; the carrier’s newer trailers have scales; the carrier performs all its own maintenance except for warranty repairs on new equipment; one of the more serious violations (operating with unqualified driver) was the result of a driver not realizing that he needed a hazmat endorsement to drive an empty oil truck to a garage for repairs.

Emery Lee & Sons Inc – USDOT Number 671994
Revised RSR 13.0; No Action; Dale/Bruce – Unanimous.

Emery Lee & Sons Inc, of Millinocket, Maine is an intrastate private property carrier of logs, poles, beams, lumber, machinery, and construction equipment, operating 47 power units and 8 CDL drivers.

During the review period (07/01/2006 to 06/30/2007), the carrier had 8 violations (none serious) for a total of 27.4 points, including 1 unsafe commercial motor vehicle, 1 excess vehicle weight, 1 speeding over 14 mph in a commercial motor vehicle, 2 inadequate brakes, 1 unsecured load, 1 operating over height, and 1 operating over length. The carrier’s original reported Maine mileage was 149,508 miles (FUID) resulting in a RSR of 18.3

During the review period the carrier had one accident resulting in 2 injuries.

After the review period the carrier had 5 violations: 3 operating beyond overlimit permit restriction, 1 unsecured load, and 1 inadequate tail light.

After the review period the carrier was involved in one accident resulting in a fatality.

The carrier has a current Accident SEA of 33 and a Vehicle SEA of 90. The carrier is SafeStat category F, and has a MCSIP Step of 0 (not targeted), and an ISS of 81 (inspect). This was to be the carrier’s first full review.

Documents for the record:

  1. MCRB Summary
  2. Carrier Supplement
  3. MCMIS Safety Profile
  4. SafeStat History
  5. Query Central Snapshot
  6. Detailed Crash Reports

The carrier’s supplement was received on March 3, 2008. Nicole requested more accurate mileage and worked with the carrier to get the additional mileage for the vehicles under 26,000 lbs. The carrier’s RSR dropped to 13.0 with the new mileage. After conferring with the Board the carrier was dropped.

Follow Up of “B” Carriers (From December 19, 2007 Meeting):

JDR Transportation Inc – USDOT 1034223
Dropped from B Carrier list.

The carrier’s supplemental information was received 01/22/2008 - no changes to report.

Andrew Hodgkins, dba A C E Trucking – USDOT 820463
B Carrier for next meeting.

The carrier has still not provided any supplemental information to date. Nicole did speak with Mr. Hodgkins by phone; he requested a second supplement package which was sent to the carrier’s new address in Ellsworth.

Schoppee’s Dairy LLC – USDOT 671920 (continuance from September 2007)
Dropped from B Carrier list.

The carrier’s supplemental information was received 12/19/2007 - no changes to report. The carrier did not supply IFTA mileage information. IFTA mileage records were obtained from the Fuel Tax Unit; the carrier did report 4th quarter 2006 mileage. The additional mileage resulted in a RSR of 14.7.

Danny Plourde Trucking Inc - USDOT Number 462617
Dropped from B Carrier list.

The carrier has not provided any supplemental information to date. Nicole spoke with person from the company on 03/19/2008; she indicated that one of the violations belonged to another company with a similar name operating in the same area. After investigation that staff believes that the violation was attached to the carrier in error.

Pellscot LLC - USDOT Number 991392
B Carrier for next meeting; BMV Investigators to hand deliver supplement request.

The carrier has not provided any supplemental information to date. The last contact attempt was a by phone on 03/06/2008. No answer. The carrier has multiple addresses listed on multiple credentials and information databases. The staff will refer the carrier to BMV Investigations to verify the carrier’s place of business, and to hand deliver the Board’s correspondence.

Len Poulin Inc – USDOT Number 773400
Dropped from B Carrier list.

The carrier’s supplemental information was received 12/20/2007 - no changes to report.

Sluggo’s Trucking Inc – USDOT Number 301208
Dropped from B Carrier list.

The carrier’s supplemental information was received 12/19/2007 - no changes to report.

Top Twenty Carriers (review period 10/01/2006 to 09/30/2007):

  1. Carl DuBois Excavating Inc – USDOT Number 779032
    RSR 102.7; Letter B; Steve/Dale – Unanimous.

    Carl DuBois Excavating Inc, of Arundel Hill, Maine is an intrastate private property carrier of soil and gravel operating 1 power unit and 1 CDL driver.

    During the review period, the carrier had 5 violations (1 serious) for a total of 19.2 points, including 1 aggravated gross weight greater than 19%, 1 excess vehicle, 1 inoperative breakaway device, 1 unsecured load, and 1 failure to display a valid commercial motor vehicle inspection. The carrier reported 18,704 Maine miles (FUID) resulting in a RSR of 102.7.

    The carrier is not rated in SafeStat, has a MCSIP step of 0 (not targeted), and an ISS of 60 (optional). This is the carrier’s second preliminary review. The first review resulted in a warning letter recommendation (2002).
  2. Carl T. Nankervis, Jr. – USDOT Number 792816
    RSR 56.4; Letter A; Dale/Bruce – Unanimous.

    Carl T. Nankervis, dba Nankervis Trucking, of Franklin, Maine is an intrastate exempt for-hire carrier of construction equipment/materials operating 4 power units and 1 driver.

    During the review period, the carrier had 5 violations (none serious) for a total of 16.5 points, including 2 excess vehicle weight, 1 inadequate brakes, 1 inadequate tires, and 1 failure to display flags/flares. The carrier reported 29,257 Maine miles (FUID) resulting in a RSR of 56.4.

    The carrier has a current Vehicle SEA of 89. The carrier is SafeStat category F, and has a MCSIP Step of 0 (not targeted) and an ISS (SafeStat) of 81 (inspect). This is the carrier’s first preliminary review.
  3. Gerald McAvoy – USDOT Number 312418
    RSR 53.4; No Action; Bruce/Dale – Unanimous.

    Gerald McAvoy of Benedicta, Maine is a for-hire carrier of general freight, fresh produce, grain, feed, hay, and wood chips, operating 4 power units and 3 CDL drivers.

    During the review period, the carrier had 7 violations (none serious) for a total of 26.3 points, including 1 unsafe commercial motor vehicle, 1 speeding in a commercial motor vehicle greater than 14 mph over the limit, 3 excess vehicle weight, 1 inoperative lights, and 1 inadequate tires. The carrier reported 49,294 Maine miles (IFTA CH) resulting in a RSR of 53.4.

    The carrier has a current Driver SEA of 91, a Vehicle SEA of 74, and a Safety Management SEA of 99. The carrier is SafeStat Category B, has a MCSIP Step of 10 (targeted), and an ISS of 97 (inspect). The carrier has the 21st worst safety record in the State of Maine. This is the carrier’s third preliminary review (Safety Plan – 2002; No Action - 2003).
  4. Desjardins Logging Inc – USDOT Number 648691
    RSR 16.4; No Action; Dale/Bruce – Unanimous.

    Desjardins Logging Inc, of Soldier Pond, Maine is a private property carrier of logs, poles, beams, and lumber, operating 6 power units and 3 CDL drivers.

    During the review period, the carrier had 6 violations (none serious) for a total of 21.0 points, including 4 excess vehicle weight, 1 unsecured load, and 1 failure to display a valid commercial motor vehicle inspection. The carrier’s Maine mileage is 128,108 miles (IFTA) resulting in a RSR of 16.4.

    The carrier had one accident resulting in injury during the review period and 1 failure to display a valid commercial motor vehicle inspection after the review period.

    The carrier has a current Vehicle SEA of 35. The carrier is not rated in SafeStat, and has a MCSIP Step of 0 (not targeted) and an ISS of 27 (pass). This is the carrier’s first preliminary review.

    The carrier has submitted a letter addressing the violations noted and the measures taken to correct these types of violations in the future. The carrier is also disputing the reported accident.
  5. Voisine & Sons Logging Inc – USDOT Number 743718
    RSR 16.0; Letter B; Dale/Steve – Unanimous.

    Voisine & Sons Logging Inc, of Lincoln, Maine is an intrastate private property carrier of logs, poles, beams, lumber, and machinery operating 3 power units and 4 CDL drivers.

    During the review period, the carrier had 13 violations (none serious) for a total of 40.9 points, including 3 excess vehicle weight, 3 operating over posted weight, 1 inadequate brakes, 2 unsecured load, 1 speeding in a commercial motor vehicle 0-14 mph over the limit, and 3 failure to provide proof of commercial motor vehicle inspection. The carrier’s reported Maine mileage is 255,890 miles (FUID) resulting in a RSR of 16.0.

    After the review period, the carrier had one injury accident and 1 speeding in a commercial motor vehicle greater than 14 mph over the limit. The carrier also has an outstanding FTA for operating an unregistered motor vehicle.

    The carrier has a current Vehicle SEA of 78. The carrier is SafeStat Category F, with a MCSIP Step of 0 (not targeted) and an ISS (SafeStat) of 76 (inspect). This is the carrier’s first preliminary review.
  6. Northern Maine Hauling Inc – USDOT Number 573856
    RSR 15.4; No Action; Bruce/Dale – Unanimous.

    Northern Maine Hauling Inc, of Skowhegan, Maine is a for-hire carrier of general freight and paper products, operating 7 power units and 7 CDL drivers.

    During the review period, the carrier had 5 violations (none serious) for a total of 17.7 points, including 2 excess vehicle weight, 2 operating over posted weight, and 1 failure to flag an extended load. The carrier’s reported Maine mileage is 114,643 miles (IFTA) resulting in a RSR of 15.4.

    The carrier had 1 accident during the review period.

    The carrier has a current Vehicle SEA of 16. The carrier is not rated in SafeStat and has a MCSIP Step of 0 (not targeted), and an ISS of 72 (optional). This is the carrier’s first preliminary review.

Old Business:

Appointments:

Dale and Steve have been reappointed to the Board, effective February 6, 2008.

Update on suspended carriers:

Walker Bros Circus Inc – still under suspension

Sheldon Eastman

Restoration for MCRB suspension
Cleared UCR suspension

S F Eastman LLC (related entity to Sheldon Eastman)

Restoration for MCRB suspension
Under FTA suspension

New Business:

None

Next Meeting Date:

June 3, 2008 at 9:00 AM

10:05 AM, Motion to Adjourn; Dale/Bruce – Unanimous.