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MOTOR CARRIER REVIEW BOARD
March 5, 2009

The Motor Carrier Review Board met on March 5, 2009. The meeting was called to order at 9:10 AM.

The following Board members were present: Mark Hutchins, Chair; Bruce Gray; Dale Hanington; Ronald Hutchins.

Bureau of Motor Vehicles Board Staff in attendance: Angela Giuffrida; Francis Fox; Garry Hinkley; Patrick Malloy.

Maine Attorney General’s Office: not represented.

Minutes of the October 27, 2008 Board meeting were unanimously approved by the Board.

Announcements:

Unified Carrier Registration (UCR) – Enforcement for the 2009 registration year is in effect. Maine Commercial Enforcement officers are utilizing the new CVIEW system to actively enforce UCR.

International Registration Plan (IRP) – the project with Explore Information Services LLC to replace the current IRP processing system is moving along nicely; Maine has completed requirements definition and development for the registration, fee calculation, audit, and inventory iterations.

Commercial Vehicle Information Exchange Window (CVIEW) – the contract has been signed with Iteris; Maine has a base product in user testing by Commercial Enforcement. Interfaces are being defined and developed that ultimately will allow the exchange of IRP, IFTA, overlimit permit, intrastate registration, and operating authority data between the BMV legacy systems and CVIEW.

Kittery I-95 Automated Commercial Vehicle Screening System – contract signed with Mettler Toledo; ground breaking for the project should begin this spring.

BMV Computer Systems:

Bull Migration Project –

The Long Term Trailer Application is completed and fully operational.
The Titles Application is completed and full operational.
The Motor Carrier Services Fuel License Application is scheduled to go live on or about May 1, 2009.
The Motor Carrier Services Overlimit Permits Application is well into the development stage.
The Registration Application is in the requirements gathering stage and is expected to be completed in 2010.

Correspondence:

There were two letters included in the Board’s update packet handed out this morning:

  • The Board received a letter, dated February 23, 2009, from Timothy True, Division Manager of Equipment for Vaughn Thibodeau & Sons, Inc.
  • The Board received a letter, dated February 27, 2009, from David N. Bengston, Director of Safety & Fleet Registration for United Van Lines.

It was suggested that the Board consider each letter during the preliminary review of the respective carrier.

Review of “A” Carriers:

Eliot Recycling Services LLC – USDOT Number 1412201
RSR 16.4; No Action; Dale/Bruce – Unanimous

Eliot Recycling Services LLC, of Eliot, Maine is an interstate for-hire/private property carrier of liquids, gases, scrap metal, and demolition debris operating 12 power units and 5 CDL drivers (latest MCMIS data).

During the review period (April 1, 2007 to March 31, 2008), the carrier had 5 violations (one serious) for a total of 20.8 points, including 1 falsifying log book, 1 excess vehicle weight, 1 inadequate brakes, 1 inoperative lights, and 1 inadequate tires. The carrier’s reported Maine mileage is 126,548 miles (IFTA CH) resulting in a RSR of 16.4.

The carrier had 11 violations after the review period including 1 speeding in a commercial motor vehicle greater than 14 mph over the limit, 2 unsecured load, 3 inadequate tail lights, 1 failure to comply with IRP, 1 inadequate tires, 1 operating defective motor vehicle, 1 failure to signal, and 1 other moving violation.

The carrier has a current Driver SEA of 76 and a Vehicle SEA of 96. The carrier is SafeStat Category C, with a MCSIP Step of 13 (targeted), and an ISS of 96 (inspect). This is the carrier’s first full review following a preliminary review in October 2008.

The MCRB staff had a request from Maine State Police Commercial Enforcement about the protocol to have the Board review this carrier.

The carrier’s supplemental questionnaire was received on March 3, 2009 and was in the Board’s update packet handed out prior to the meeting.

Documents for the record:

  1. MCRB Summary
  2. Carrier’s Supplemental Questionnaire
  3. MCMIS Safety Profile
  4. SafeStat History
  5. Query Central Snapshot

The carrier also shares common ownership with:

Lucky Day Auto LLC – USDOT Number 1727752

Lucky Day Auto LLC, of Lebanon, Maine is an interstate for-hire carrier of motor vehicles operating 1 power unit and 1 CDL driver.

The carrier had 8 violations after the review period including 3 inadequate brakes, 1 failure to display name on truck/tractor, 1 failure to display fuel decal, 1 inadequate tires, 1 operating defective motor vehicle, and 1 inoperative horn.

The carrier has a current Driver SEA of 73 and a Vehicle SEA of 93. The carrier is SafeStat Category F, with a MCSIP Step of 0 (not targeted), and an ISS of 82 (inspect).

The carrier was represented at the hearing by Linda Corbin. Ms. Corbin was sworn in and presented testimony and evidence to the Board regarding the operations and safety record of Eliot Recycling Services, LLC and Lucky Day Auto, LLC. She provided information regarding several of the carrier’s violations and also evidence of a satisfactory safety audit conducted by FMCSA on November 18, 2008. She testified that she was not aware of any violations since the safety audit. The Board asked Ms. Corbin to provide the names of her current drivers and also to explain how she was trying to address the carrier’s frequent safety violations.

Follow Up of “B” Carriers (From October 27, 2008 Meeting):

Delling Trucking – USDOT Number 1307546
No Action; Dale/Bruce - Unanimous

The carrier’s supplemental questionnaire was received on November 10, 2008; the carrier reported 100 Maine miles. There were no additional violations to report. The carrier has gone from a SafeStat Category B to a SafeStat Category A (5th in MA) and its ISS score is now 100. The Driver SEA is down from 95 to 93; the Vehicle SEA is down from 99 to 94; and the carrier has a new Accident SEA of 81.

Nathan E Haney, dba Crown of Maine Sanitation – USDOT Number 747860
No Action; Dale/Bruce - Unanimous

The carrier’s supplemental questionnaire was received on November 3, 2008; no Maine mileage was reported. There were no major changes to safety scores to report. The carrier has two new convictions – 1 inadequate tires and 1 failure to display valid inspection sticker.

Peta M & Grover E Brown, dba Peta Brown Trucking – USDOT 790750
No Action; Dale/Bruce - Unanimous

The carrier’s supplemental questionnaire was received on November 26, 2008; no Maine mileage reported. The questionnaire indicated the carrier had filed for bankruptcy; the carrier had one additional violation to report – operating over posted weight.

Paley Brothers Farms LLC – USDOT Number 107053
No Action; Bruce/Dale - Unanimous

The carrier has not submitted the supplemental questionnaire. There were no additional violations or major safety changes to report.

MMAG Company, dba MMAG Transportation – USDOT Number 1390559
Letter A; Dale/Bruce - Unanimous

The carrier has not submitted the supplemental questionnaire. The carrier has gone from a SafeStat Category E to SafeStat Category B. The Driver SEA is still 99; the Vehicle SEA has gone from 75 to 84. The ISS has gone from 92 to 97. The carrier is now targeted with a MCSIP Step of 10. The carrier still has active FTA’s.

Lee J Bell Construction LLC – USDOT Number 1072480
No Action; Bruce/Dale - Unanimous

The carrier has not submitted the supplemental questionnaire. There were no additional violations or major safety changes to report.

Top Twenty Carriers (review period 07/01/2007 to 06/30/2008):

  1. Durepo Enterprises Inc – USDOT Number 1289882
    RSR – 76.9; Letter B; Dale/Bruce - Unanimous

Durepo Enterprises Inc, dba Durepo Transport, of Fort Fairfield, Maine is an interstate for-hire/private carrier of logs, poles, beams, lumber, building materials, farm supplies, and mulch operating 1 power unit and 4 CDL drivers.

During the review period, the carrier had 8 violations (1 serious) for a total of 16.7 points, including 1 operating with unqualified driver, 1 inadequate brakes, 1 failure to provide proof of commercial motor vehicle inspection, 1 operating without operating authority license, 3 operating intrastate commercial without registration, and 1 failure to display fuel decal. The carrier reported 21,705 Maine miles (IFTA CH) resulting in a RSR of 76.9.

The carrier has a current Driver SEA of 74 and a Vehicle SEA of 73. The carrier is not rated in SafeStat, and has a MCSIP Step of 0 (not targeted) and an ISS of 66 (optional). This is the carrier’s first preliminary review

  1. McGary Forestry – USDOT Number 1703211
    RSR – 47.4; Letter B; Bruce/Dale – Unanimous

McGary Forestry, of Houlton, Maine is an intrastate exempt for-hire carrier of logs, poles, beams, lumber, and wood chips operating 0 power units and 3 CDL drivers.

During the review period, the carrier had 5 violations (none serious) for a total of 12.8 points, including 1 operating over posted weight, 1 unsecured load, 1 inadequate tires, 1 failure to flag an extended load, and 1 operating intrastate commercial without registration. The carrier reported 27,000 Maine miles (FUID) resulting in a RSR of 47.4.

The carrier is not rated in SafeStat, and has a MCSIP Step of 0 (not targeted) and an ISS (Query Central) of 85 (inspect). This is the carrier’s first preliminary review.

  1. Gigs LLC – USDOT Number 368692
    RSR – 32.9; Letter B; Dale/Bruce – Unanimous

Gigs LLC, of Windham, New Hampshire is an interstate for-hire carrier of building materials, machinery, liquids, gases, construction materials, and demolition debris operating 15 power units and 13 CDL drivers.

During the review period, the carrier had 5 violations (one serious) for a total of 9.2 points, including 1 operating with unqualified driver, 1 operating intrastate commercial without registration, and 3 failure to display DOT/MC number. The carrier reported 27,962 Maine miles (IFTA CH) resulting in a RSR of 32.9.

The carrier has a current Accident SEA of 53, a Driver SEA of 68, a Vehicle SEA of 100, and a Safety Management SEA of 74. The carrier is SafeStat Category F, with a MCSIP Step of 13 (targeted), and an ISS of 85 (inspect). This is the carrier’s first preliminary review.

  1. United Van Lines LLC – USDOT Number 77949
    RSR – 27.8; No Action; Dale/Bruce – Unanimous

United Van Lines LLC, dba United Van Lines, of Fenton, Missouri is an interstate for-hire carrier of general freight and household goods operating 8671 power units and 5992 CDL drivers.

During the review period, the carrier had 17 violations (five serious) for a total of 78.6 points, including 5 falsifying log book, 1 unsafe commercial motor vehicle, 5 log not current, 1 inoperative breakaway device, 1 inoperative lights, 1 inadequate tires, 1 inadequate suspension, 1 failure to provide proof of commercial inspection, and 1 failure to comply with IRP. The carrier reported 282,848 Maine miles (IFTA) resulting in a RSR of 27.8.

After the review period, the carrier had two serious violations, both for falsifying log book.

The carrier has a current Accident SEA of 3, a Driver SEA of 72, and a Vehicle SEA of 43. The carrier is not rated in SafeStat, and has a MCSIP Step of 0 (not targeted) and an ISS of 46 (pass). This is the carrier’s first preliminary review.

The Board also had a letter before it from David N. Bengston on behalf of the carrier. Mr. Bengston is the Director of Safety and Fleet Registration for United Van Lines. In summary, the letter stressed the carrier’s dedication to “operating safely” and detailed the steps taken by the carrier to rectify the above violations and prevent future violations and out-of-service orders.

Mr. Bengston did attend the meeting and spoke briefly to the Board about the carrier’s efforts and programs to monitor and improve safety violations including online training classes; audits of every single log book (1.5M); staff dedicated to review and monitor safety violations; follow-up training and progressive discipline up to and including termination for employees with repeated violations.

  1. Big Rock Transportation Inc – USDOT Number 970050
    RSR – 22.1; Letter A; Dale/Ron – Unanimous

Big Rock Transportation Inc, of Peru, Indiana is an interstate for-hire carrier of general freight, machinery, fresh produce, refrigerated foods, and paper products operating 208 power units and 220 CDL drivers.

During the review period, the carrier had 24 violations (nine serious) for a total of 101.2 points, including 5 falsifying log book, 2 operating motor vehicle over 10/11 hours, 2 operating with unqualified driver, 1 unsafe commercial motor vehicle, 1 log not current, 4 inadequate brakes, 1 defective brake hose, 2 inadequate tires, 2 failure to provide proof of commercial inspection, and 4 operating intrastate commercial without registration. The carrier's reported Maine mileage is 457,594 miles (IFTA CH) resulting in a RSR of 22.1.

After the review period the carrier had 4 violations (two serious) including 2 falsifying log book, 1 towing unregistered trailer, and 1 failure to provide registration certificate.

The carrier has a current Accident SEA of 17, a Driver SEA of 94, and a Vehicle SEA of 71. The carrier is SafeStat category E, and has a MCSIP Step of 0 (not targeted) and an ISS of 90 (inspect). This is the carrier’s fourth preliminary review. The carrier was issued a warning letter in June 2004, and received a 3 month suspension after a full review in June 2005.

  1. Manley Transport Inc – USDOT Number 670483
    RSR – 24.5; No Action; Dale/Bruce – Unanimous

Manley Transport Inc, of Windsor, Maine is an interstate for-hire carrier of general freight, fresh produce, refrigerated food, beverages, and paper products operating 1 power unit and 1 CDL driver.

During the review period, the carrier had 5 violations (one serious) for a total of 19.1 points, including 1 operating motor vehicle over 10/11 hours, 1 log not current, 1 speeding in a commercial motor vehicle greater than 14 mph over the limit, 1 inadequate tires, and 1 failure to provide proof of commercial motor vehicle inspection. The carrier’s reported Maine mileage is 78,085 miles (IFTA CH) resulting in a RSR of 24.5.

The carrier had one injury/fatal accident during the review period.

The carrier has a current Driver SEA of 74 and a Vehicle SEA of 87. The carrier is SafeStat Category F, with a MCSIP Step of 0 (not targeted) and an ISS (SafeStat) of 79 (inspect). This is the carrier’s first preliminary review.

William Manley, President of Manley Transport Inc, attended the meeting. He answered questions posed by the Board regarding the number of trucks operated, the drivers associated with certain violations, the carrier’s latest DOT safety audit, who performs equipment inspections and maintenance, etc.

  1. Vaughn Thibodeau & Sons Inc – USDOT Number 681759
    RSR – 17.9; No Action; Dale/Bruce – Unanimous

Vaughn Thibodeau & Sons Inc, of Bangor, Maine is an intrastate private property carrier of machinery and construction materials operating 56 power units and 54 CDL drivers.

During the review period, the carrier had 16 violations (none serious) for a total of 49.4 points, including 1 unsafe commercial vehicle, 1 defective steering, 6 excess vehicle weight, 1 operating over posted weight, 1 over width, 1 speeding in a commercial motor vehicle greater than 14 mph over the limit, 4 failure to provide proof of commercial inspection, and 1 failure to display fuel decal. The carrier’s reported Maine mileage is 275,300 miles (IFTA CH & FUID) resulting in a RSR of 17.9.

After the review period, the carrier had 4 violations including 2 excess vehicle weight and 2 inadequate brakes.

The carrier has a current Accident SEA of 14, a Driver SEA of 21, a Vehicle SEA of 50, and a Safety Management SEA of 95. The carrier is SafeStat Category G, with a MCSIP Step of 0 (not targeted), and an ISS of 73 (optional). This is the carrier’s first preliminary review.

The Board also had a letter before it from Timothy N. True on behalf of the carrier. Mr. True is the Division Manager of Equipment for Vaughn Thibodeau & Sons Inc. The letter makes it known to the Board that the company is under new ownership and management, and that the company has invested in new equipment and personnel to improve its safety and operating record.

Mr. True did attend the meeting and spoke briefly to the Board about the carrier’s efforts and programs to monitor and improve safety violations including plans for inspection training for drivers, loader operators, and mechanics; new procedures in which Mr. True and the Safety Officer review all inspection reports; and a testing methodology to ensure that drivers have been adequately trained to carry out their equipment inspections successfully.

  1. Beaulieu & Son Trucking Inc – USDOT Number 319712
    RSR – 16.1; Letter A; Dale/Bruce – Unanimous

Beaulieu & Son Trucking Inc, of St. John Pltn, Maine is an interstate exempt for-hire carrier of logs, poles, beams, and lumber operating 7 power units and 6 CDL drivers.

During the review period, the carrier had 13 violations (none serious) for a total of 39.3 points, including 2 excess vehicle weight, 3 inadequate brakes, 2 inoperative lights, 4 inadequate tires, and 2 failure to provide proof of commercial inspection. The carrier’s reported Maine mileage is 243,575 miles (IFTA CH) resulting in a RSR of 16.1.

After the review period, the carrier had 4 violations including 3 excess vehicle weight and 1 failure to signal.

The carrier has a current Driver SEA of 98, a Vehicle SEA of 100, and a Safety Management SEA of 96. The carrier is SafeStat Category B (ranked as the third worst carrier in the State of Maine) with a MCSIP Step of 55 (OOS), and an ISS of 99 (inspect). This is the carrier’s first preliminary review.

The carrier was placed out-of-service by FMCSA on 2/23/2009 with an Unsatisfactory = Unfit reason.

  1. Carroll Russell Trucking Inc – USDOT Number 752560
    RSR – 16.0; Letter B; Dale/Ron – Unanimous

Carroll Russell Trucking Inc, of Milo, Maine is an intrastate exempt for-hire carrier of logs, poles, beams, and lumber operating 10 power units and 4 CDL drivers.

During the review period, the carrier had 7 violations (none serious) for a total of 21.3 points, including 2 operating over posted weight, 2 inadequate brakes, 2 inadequate tires, and 1 failure to display fuel decal. The carrier’s reported Maine mileage is 133,329 miles (IFTA CH) resulting in an RSR of 16.0.

After the review period, the carrier had 1 violation – operating over posted weight.

The carrier has a current Vehicle SEA of 96 and a Safety Management SEA of 65. The carrier is SafeStat Category F with a MCSIP Step of 0 (not targeted), and an ISS of 83 (inspect). This is the carrier’s first preliminary review.

  1. B & J Transportation Inc – USDOT Number 811511
    Letter A; Dale/Ron – Unanimous

B & J Transportation Inc, of Mars Hill, Maine is an interstate for-hire carrier of general freight, fresh produce, refrigerated foods, beverages, and paper products operating 54 power units and 78 CDL drivers.

During the review period, the carrier had 31 violations (seven serious) for a total of 135.7 points, including 6 falsifying log book, 1 operating motor vehicle over 10/11 hours, 1 operating without previous 7 days log, 2 unsafe commercial motor vehicle, 6 log not current, 1 speeding in a commercial motor vehicle greater than 14 mph over the limit, 2 excess weight, 2 inadequate brakes, 1 inoperative lights, 3 inadequate tires, 3 operating without medical certificate, 1 failure to display flags/flares, and 2 failure to provide proof of commercial inspection. The carrier’s Maine mileage is unknown at this time (the carrier uses owner operators). Until the Maine mileage is known the RSR cannot be calculated. The carrier qualified for preliminary review because the carrier had five or more serious violations during the 12 month review period.

After the review period, the carrier had 4 violations (two serious) including 2 falsifying log book, 1 log not current, and 1 causing operation over 10 hours.

The carrier had two accidents during the review period.

The carrier has an Accident SEA of 88, a Driver SEA of 99, a Vehicle SEA of 83, and a Safety Management SEA of 98. The carrier is SafeStat Category A (ranked 1st in the State of Maine, 67th in the nation) with a MCSIP Step of 10 (targeted), and an ISS of 100 (inspect). This is the carrier’s sixth preliminary review. The carrier had a full review in December 2003; the Board took no action at that time.

Old Business:

Draft Rule Changes for Board Consideration (Handout) – tabled until the next meeting.

New Business:

None

Next Meeting Date:

June 16, 2009 at 9:00 AM
Bureau of Motor Vehicles – Executive Conference Room
101 Hospital Street
Augusta, ME 04333

The meeting was adjourned at 11:47 AM.


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