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MOTOR CARRIER REVIEW BOARD
March 23, 2010

The Motor Carrier Review Board met on March 23, 2010.  The meeting was called to order at 9:02 AM.

The following Board members were present: Mark Hutchins, Chair; Alan Quinlan; Brian Parke; Bruce Gray; David Littlefield; Patrick Sirois; Steven Izer (Brain Parke did not participate in any votes taken by the Board).

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

Maine Attorney General’s Office representative in attendance: Bill Laubenstein

Guests in the audience: Secretary of State Matthew Dunlap; Daphne Izer – founder of Parents Against Tired Truckers; Russell Swift – Parents Against Tired Truckers.

The minutes of the December 15, 2009 Motor Carrier Review Board meeting were approved as amended. Dave/Steve – Unanimous

Announcements:

Garry and Francis gave a brief update on the status of Unified Carrier Registration (UCR) for 2010, carrier training for the online IRP system, CVIEW implementation, the Automated Commercial Vehicle Screening System in Kittery, and BMV’s computer migration project.

Garry introduced members of the audience, Daphne Izer, founder of Parents Against Tired Truckers, and Russell Swift also from Parents Against Tired Truckers.  Russell will be replacing Steve Izer on the Board representing the public interest.  Russell briefly addressed the Board.  He indicated his major goal and focus would be to improve motor carrier and driver safety.

Special Presentation:

Secretary of State Matthew Dunlap addressed the Board to make a special presentation to Steve Izer who was participating in his last Board meeting.  Steve was one of the original board members when the Motor Carrier Review Board was founded fourteen years ago. Since the Board’s inception he has served faithfully representing the public interest on the Board.  The Secretary of State commented about how well the model Board Steve helped create years ago serves the community and how much of the success of the Board is due to the commitment of Steve and his family.  The Secretary of State then presented Steve with a plaque in appreciation for his years of dedicated leadership and service.

Correspondence:

There was one letter for the Board’s consideration: the Board received a letter, dated March 4, 2010, from Michael Witham, President of Witham Trucking Inc.

The Board decided to consider the letter during the review of the Witham Trucking Inc.

Review of “A” Carriers:

McGary Forestry – USDOT 1703211
Updated RSR 16.30; Recommended Suspension: suspend the carrier’s right to operate commercial motor vehicles with a gross vehicle weight over 26,000 lbs. in Maine until such time as the carrier appears before the Board; Bruce/Pat - Unanimous
McGary Forestry 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 (July 1, 2007 to June 30, 2008), the carrier had 5 convictions (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 an RSR of 47.4.

The carrier has a current Vehicle SEA of 74.00.  The carrier is currently not rated in SafeStat, and has a MCSIP Step of 0 (not targeted) and an ISS (Query Central) of 52 (optional).  This is the carrier’s first full review after a preliminary review in March 2009 which resulted in a warning letter, and two “B Carrier” reviews in June and November 2009.

After the review period the carrier had five convictions (none serious) including 1 inadequate tires (trailer), 2 expired inspection, 1 inadequate exhaust, and 1 operating intrastate commercial without registration.

The carrier’s supplemental questionnaire was received on March 10, 2010.  The questionnaire indicated the carrier operated off-road and has no trucks registered in Maine.  In phone conversations with Laurie McGary it was learned that during the review period the carrier operated two power units which traveled between Stockholm and Woodland five times per week which would equate to about 78,520 miles during the review period.  The updated RSR using the calculated mileage is 16.3.

Documents for the record:

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

Follow Up of “B” Carriers (From December 15, 2009 Meeting):

Benjamin G Roundy – USDOT Number 1766607
No Further Action; Alan/Bruce - Unanimous
The carrier has not submitted the supplemental questionnaire. Two requests for the supplemental questionnaire have been sent to the carrier.  There are no major changes or new convictions to report since the last meeting.

Brett E Davis – USDOT Number 772155
No Further Action; Steve/Bruce - Unanimous
The carrier has not submitted the supplemental questionnaire. Two requests for the supplemental questionnaire have been sent to the carrier.  There are no new convictions to report since the last meeting.
The carrier is now targeted with a MCSIP Step of 13.  The carrier has moved from SafeStat Category H to F; the Vehicle SEA is now 81.85 (up from 64.78); and the ISS2 score has increased from 73 (optional) to 93 (inspect).

DTL Inc – USDOT Number 1038812
Letter A; Alan/Steve - Unanimous
The carrier has not submitted the supplemental questionnaire. Two requests for the supplemental questionnaire have been sent to the carrier.  There are no new convictions to report since the last meeting.  The carrier is still suspended for an FTA.

The carrier is still OOS with a MCSIP Step of 57; the Vehicle SEA has increased from 71.52 to 80.95; the carrier is now in SafeStat Category C; the ISS2 score has increased to 90 to 96 (inspect).

Ronald Carter – USDOT Number 687485
No Further Action; Bruce/Steve - Unanimous
The carrier has not submitted the supplemental questionnaire. Two requests for the supplemental questionnaire have been sent to the carrier.  There are three new convictions to report: 1 inoperative lights, 1 failure to flag extended load, and 1 operating over length.

The carrier’s Vehicle SEA and ISS2 score have gone down slightly since the preliminary review.

Jeffrey Griffin – USDOT Number 754015
No Further Action; Alan/Bruce - Unanimous
The supplemental questionnaire was received on January 19, 2010.   The carrier’s updated Maine mileage as reported is 116,000 miles which lowers the RSR to 13.88.  The carrier has one new conviction to report: operating over posted weight.

The carrier’s Vehicle SEA and ISS2 score have both gone down since the preliminary review.

Precision Logging and Landclearing Inc – USDOT Number 1604417
No Further Action; Steve/Alan - Unanimous
The carrier has not submitted the supplemental questionnaire. Two requests for the supplemental questionnaire have been sent to the carrier.  There are no new convictions or inspections to report.

When the company cleared its FTA suspensions BMV was told the carrier was out-of-business.  The corporation has been administratively dissolved but the USOT Number is still active.

The carrier’s Vehicle SEA and ISS2 score have gone down slightly since the preliminary review.

Central Maine Equipment LLC – USDOT Number 1659478
No Further Action; Bruce/Pat - Unanimous
The carrier’s supplemental questionnaire was received on January 20, 2010.  There are no new violations or changes to report.

Top Twenty Carriers (review period 10/01/2008 to 09/30/2009):

1. Witham Trucking Inc - USDOT Number 728980

RSR 110.48; No Action; Alan/Pat - Unanimous
Witham Trucking Inc, of Embden, Maine is an intrastate private property carrier of machinery, large objects, and gravel operating 2 power units and 2 CDL drivers.

During the review period, the carrier had 6 convictions (none serious) for a total of 23.2 points, including 2 excess vehicle weight and 4 operating over posted weight.  The carrier’s reported Maine mileage is 21,000 miles (FUID) resulting in an RSR of 110.48.

After the review period the carrier had two convictions (none serious) including 1 excess vehicle weight and 1 inadequate tires.

The carrier has a current Driver SEA of 68.62 and a Vehicle SEA of 83.07.  The carrier is in SafeStat Category F, with a MCSIP Step of 0 (not targeted), and an ISS2 score of 78 (inspect).  This is the carrier’s first preliminary review.

The carrier has submitted a letter for the Board’s attention indicating a change in operation that is expected to address the overweight violations. I (Francis Fox) spoke with Mr. Witham by phone; the carrier indicated he is no longer hauling logs and the driver employed to drive the log truck is no longer with the company.

2. Mark Hawkes Forestry & Construction LLC - USDOT Number 750215

RSR 43.12; No Action; Bruce/Pat - Unanimous
Mark Hawkes Forestry & Construction LLC, of Phippsburg, Maine is an interstate exempt for-hire/private property carrier of logs, poles, beams, lumber, machinery, large objects, and construction equipment operating 4 power units and 3 CDL drivers.

During the review period, the carrier had 9 convictions (none serious) for a total of 18.9 points, including 3 inadequate tires, 1 inadequate suspension, 1 operating beyond overlimit permit, 3 failure to provide proof of commercial inspection, and 1 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 43,827 miles (IFTA + FUID) resulting in an RSR of 43.12.

The carrier has a current Vehicle SEA of 81.72.  The carrier is in SafeStat Category F, with a MCSIP Step of 0 (not targeted), and an ISS2 score of 77 (inspect).  This is the carrier’s first preliminary review.

3. William A Renaud Jr Trucking Inc – USDOT Number 309995

RSR 31.71; No Action; Pat/Dave - Unanimous
William A Renaud Jr Trucking Inc, of South Berwick, Maine is an interstate for-hire carrier of machinery, large objects, garbage, refuse, trash, construction equipment, and gravel operating 15 power units and 9 CDL drivers.

During the review period, the carrier had 7 convictions (none serious) for a total of 22.1 points, including 1 excess vehicle weight, 1 inadequate brakes, 1 unsecured load, 1 inoperative lights, 2 defective equipment, 1 inadequate tires.  The carrier reported 69,688 Maine miles (IFTA CH) resulting in a RSR of 31.71.

The carrier has a current Driver SEA of 46.74 and a Vehicle SEA of 84.96.  The carrier is in SafeStat Category F, with a MCSIP Step of 0 (not targeted), and an ISS2 score of 79 (inspect).  This is the carrier’s third preliminary review.  The carrier had a full review in March, 2007 which resulted in a “No Further Action” finding.

4. Almighty Waste Inc – USDOT Number 655180

RSR 29.17; Letter B with a request for the carrier’s most recent safety plan; Steve/Bruce - Unanimous
Almighty Waste Inc, of Auburn, Maine is an intrastate for-hire (authority revoked) carrier of garbage, refuse, and trash operating 4 power units and 4 CDL drivers.

During the review period, the carrier had 7 convictions (none serious) for a total of 16.9 points, including 2 speeding in a commercial motor vehicle greater than 14 mph over limit, 1 inoperative lights, 1 inadequate suspension, 1 failure to provide proof of commercial inspection, and 2 failure to display fuel decal.  The carrier reported 57,941 Maine miles (FUID) resulting in an RSR of 29.17.

After the review period, the carrier had 5 convictions including 1 defective brake hose, 1 defective brake adjustment, 2 failure to provide proof of commercial inspection, and 1 expired inspection.

The carrier had two accidents during the review period, one resulting in injury.

The carrier has a current Accident SEA of 81.64, a Driver SEA of 83.68, a Vehicle SEA of 96.30, and a Safety Management SEA of 98.03.  The carrier is in SafeStat Category A, and has a MCSIP Step of 0 (not targeted) and an ISS2 score of 100 (inspect).  The carrier has the highest (worst) SafeStat score in the State for an intrastate carrier, and the third highest score nationally.  This is the carrier’s third preliminary review; the carrier had two full reviews (September 2002 and August 2003) each with several continuances.  The carrier has been required to submit safety plans to the Board in the past.

Bruce Gray asked about the safety plan previously submitted by the carrier.  Garry Hinkley summarized the content of the plan for the Board.

5. Boynton Construction Inc – USDOT Number 782387

RSR 28.12; No Action; Pat/Alan - Unanimous
Boynton Construction Inc, of Washington, Maine is an interstate for-hire carrier of general freight, fresh produce, coal, dry bulk commodities, refrigerated food, beverages, and paper products operating 5 power units and 3 CDL drivers.

During the review period, the carrier had 6 convictions (none serious) for a total of 15.9 points, including 1 unsafe commercial vehicle, 1 inadequate brakes, 1 inadequate safety device, 1 operating without medical device, 1 failure to provide proof of commercial inspection, and 1 failure to display name on truck/tractor.  The carrier's reported Maine mileage is 56,546 miles (IFTA CH) resulting in an RSR of 28.12.

The carrier had one accident during the review period resulting in injury.

The carrier has a current Accident SEA of 84.29, a Driver SEA of 91.58, a Vehicle SEA of 99.83, and a Safety Management SEA of 68.85.  The carrier is in SafeStat Category A, and has a MCSIP Step of 8 (targeted) and an ISS2 score of 100 (inspect).  The carrier has the highest SafeStat score in the State for an interstate carrier.

6. William W London & Son Inc – USDOT Number 746424

RSR 24.11; No Action; Pat/Alan - Unanimous
William W London & Son Inc, of Milo, Maine is an intrastate exempt for-hire carrier of logs, poles, beams, lumber, machinery, large objects, and construction equipment operating 10 power units and 9 CDL drivers.

During the review period, the carrier had 6 convictions (none serious) for a total of 21.7 points, including 2 excess vehicle weight, 3 operating over posted weight, and 1 operating over width.  The carrier’s reported Maine mileage is 90,000 miles (FUID) resulting in an RSR of 24.11.

After the review period the carrier had 1 conviction: operating over posted weight.

The carrier has a current Driver SEA of 71.17 and a Vehicle SEA of 63.21.  The carrier is not rated in SafeStat, and has a MCSIP Step of 0 (not targeted) and an ISS2 score of 68 (optional).  This is the carrier’s first preliminary review.

7. S D R Logging Inc – USDOT Number 850801

RSR 16.84; Letter B; Pat/Dave - Unanimous
S D R Logging Inc, of Sebec, Maine is an intrastate exempt for-hire/private property carrier of logs, poles, beams, and lumber operating 15 power units and 8 CDL drivers.

During the review period, the carrier had 12 convictions (none serious) for a total of 42.1 points, including 1 excess vehicle weight, 8 operating over posted weight, 1 defective brake hose, 1 inadequate suspension, and 1 inadequate safety device.  The carrier’s reported Maine mileage is 250,000 miles (FUID) resulting in an RSR of 16.84.

After the review period, the carrier had 1 conviction for excess vehicle weight.

The carrier had one non-injury accident during the review period.

The carrier has a current Accident SEA of 32.60 and a Vehicle SEA of 98.84.  The carrier is in SafeStat Category F, with a MCSIP Step of 0 (not targeted), and an ISS2 score of 85 (inspect).  This is the carrier’s first preliminary review.

8. Maietta Construction Inc – USDOT Number 671385

RSR 15.85; Letter B; Alan/Pat - Unanimous
Maietta Construction Inc, of Scarborough, Maine is an intrastate private property carrier of drive away/tow away vehicles, construction equipment, dirt, and stone operating 10 power units and 10 CDL drivers.

During the review period, the carrier had 11 convictions (none serious) for a total of 31.7 points, including 4 excess vehicle weight, 2 unsecured load, 1 inadequate tires, 1 operating beyond overlimit permit, 2 failure to provide proof of commercial inspection, and 1 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 200,000 miles (IFTA CH) resulting in an RSR of 15.85.

After the review period, the carrier had 9 convictions, including 2 excess vehicle weight, 1 operating over posted weight, 1 inadequate brakes, 2 defective brake adjustment, and 3 failure to provide proof of commercial inspection.

The carrier had one non-injury accident during the review period.

The carrier has a current Accident SEA of 53.63 and a Vehicle SEA of 94.33.  The carrier is in SafeStat Category F with a MCSIP Step of 0 (not targeted), and an ISS2 score of 82 (inspect).  This is the carrier’s first preliminary review.

9. Kelley Trucking Inc – USDOT Number 363014

RSR 15.82; Letter B requesting carrier to explain efforts to mitigate excessive weight violations; Pat/Dave - Unanimous
Kelley Trucking Inc, of Gorham, New Hampshire is an interstate carrier of logs, poles, beams, and lumber operating 14 power units and 12 CDL drivers.

During the review period, the carrier had 15 convictions (none serious) for a total of 58.8 points, including 9 excess vehicle weight and 6 operating over posted weight.  The carrier’s reported Maine mileage is 371,778 miles (IFTA CH) resulting in an RSR of 15.82.

After the review period the carrier had one conviction for excess vehicle weight.

The carrier is not rated in SafeStat and has a MCSIP Step of 0 (not targeted) and an ISS2 score of 96 (inspect).  This is the carrier’s first preliminary review.

Old Business:

Update on suspended carriers:
Peter M. Tufts (USDOT 610576) – still under MCRB suspension

Brad McKechnie, dba Boyz Express, (USDOT 913527) – still under MCRB suspension pending the submission of a safety plan that is acceptable to the Board.  The supplemental questionnaire was submitted and the reinstatement fee has been paid.  During a phone conversation with Board staff his mother indicated that Brad is out of business and his father is operating the trucks under his own DOT Number

Draft Proposals for Board Consideration – Refer to Sample Top 20 in Handout

Garry addressed the Board about the proposed changes to the existing selection process previously presented to the Board.   Some proposals would require changes to the existing MCRB rules; other changes are consistent with the current rule.  The Board reviewed the Sample Top 20 Handout and discussed the use of violations in the selection process.

The Board decided that the best way to make a decision about using violations to calculate the RSR would be to have one pilot meeting with the Top Twenty calculated based on both violations and convictions.  The next Board meeting will be the pilot meeting.

Garry also asked the Board to review the proposed additions to the violations list along with the corresponding point value and the proposed changes to the MCRB rule chapters.  The Board will be given copies of the rules with the proposed changes prior to the next meeting.

New Business:

None

Next Meeting Date:

June 15, 2010 at 9:00 AM
Bureau of Motor Vehicles – Executive Conference Room
101 Hospital Street
Augusta, ME 04333

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