Skip Maine state header navigation

Agencies | Online Services | Help

Skip First Level Navigation | Skip All Navigation


Motor Carrier Review Board
March 15, 2011

Board Members Present:

The following Board members were present: Mark Hutchins, Chair; Alan Quinlan; Brian Parke; Bruce Gray; and David Littlefield.


BMV Staff Present:

Garry Hinkley, Francis Fox, Patrick Malloy, Angela Giuffrida, and Cynthia Baird


Attorney General's Office:

Bill Laubenstien


 

Special Guests Present:

Secretary of State Charles E. Summers, Jr. and Deputy Secretary of State Thomas Arnold


 

The Motor Carrier Review Board met on March 15, 2011.  The meeting was called to order at 8:11 AM.

Minutes of the December 14, 2010 Board meeting were approved.Brian/David – Unanimous

Announcements:

BMV Computer Systems:
Garry reported that the new BMV registration system went live on February 23, 2011 and the system is working extremely well and BMV employees are very pleased with the system.

IRP/IFTA:
Garry talked briefly about the “Full Reciprocity Plan” ballot for IRP and ongoing IFTA discussions about using transponders for distance reporting.  He told the Board that any feedback on either item would be appreciated.

New Secretary of State and Deputy Secretary of State:
Maine’s new Secretary of State, Charles E. Summers, Jr., made an appearance at the meeting to introduce himself, meet the Board, and to briefly address the Board.  The Bureau of Motor Vehicles new Director, Deputy Secretary of State Thomas Arnold, was also in attendance at the meeting and took the time to meet the Board and observe some of the proceedings.

Correspondence:

The Board received four pieces of correspondence for consideration:

  • An email, dated March 3, 2011, from Weldon Willette;
  • A letter from Ronald E. Bubar received on March 9, 2011;
  • A letter from Lyle Hamilton, President of L R Hamilton Holdings Inc dated March 7, 2011; and
  • A letter from Dawn Clark, Secretary/Treasurer of MTK Inc, dated March 7, 2011.

The Board took each piece of correspondence under consideration during the review of the respective carrier.

Review of “A” Carriers:

Almighty Waste Inc – USDOT 655180
RSR 150.00; Recommended 14 Day Suspension; Brian/David - Unanimous
Almighty Waste Inc, of Auburn, Maine, is an intrastate for-hire carrier of garbage, refuse, and trash operating 4 power units and 4 CDL drivers.

During the review period (October 1, 2008 to September 30, 2009) the carrier had 31 violations (none serious) for a total of 93.0 points, including 1 unsafe commercial motor vehicle, 2 operating with defective low air warning, 1 defective steering, 1 excess vehicle weight, 1 speeding in a CMV greater than 14 mph over limit, 3 inadequate brakes, 2 unsecured load, 6 inoperative lights, 2 defective brake hose, 1 inadequate defective equipment, 4 inadequate tires, 1 inadequate suspension, 1 failure to display flags/flares, 1 failure to provide proof of commercial inspection, and 4 inadequate fire extinguisher.  The carrier’s reported Maine mileage is 62,000 (FUID) miles resulting in an RSR of 150.00.

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

After the review period and prior to the December 14, 2010 Board meeting, the carrier had 30 violations (none serious), including 1 defective steering, 3 excess vehicle weight, 1 inadequate brakes, 1 unsecured load, 4 inoperative lights, 1 inadequate defective equipment, 6 inadequate tires, 1 towing without safety chains, 1 operating without medical certificate, 1 inadequate safety device, 1 failure to provide proof of commercial inspection, 2 inadequate fire extinguisher, 3 expired inspection, 1 operating intrastate commercial without registration, 1 failure to display name on truck, 1 operating without ID device, and 1 failing to use seat belt.

The carrier has 8 additional violations to report since the last Board meeting, including 3 inadequate brakes, 1 defective brake hose, 1 inadequate defective equipment, 1 inadequate tires, and 2 defective brake adjustment.

The carrier has a current Vehicle Maintenance BASIC of 83.5 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 51 (optional).

This is a continuance of the carrier’s third full review.  At its December 14, 2010 meeting the Board voted to continue the review and asked the carrier to provide updated mileage for all fleets operated during the review period (Mr. Ferland had testified that during the review period violations for his other companies were almost always assigned to the USDOT Number for Almighty Waste Inc and the RSR reflected violations for all his companies and only mileage for Almighty Waste Inc).  The carrier sent a mileage report dated January 25, 2010 listing 61,451 Maine miles.  Board staff spoke with Mrs. Ferland via phone after the submission and explained the reported mileage needed to be for all their companies that operated during the review period, not just Almighty Waste Inc.  The combined mileage information has not been received to date.  The carrier had two full reviews (September 2002 and August 2003), each with one or more continuances.  Both reviews ended in a “No Further Action” finding.

Documents for the record:

  1. MCRB Summary
  2. Supplemental Information Form – Mileage Update
  3. MCMIS Safety Profile
  4. Query Central Snapshot

Horse Logging Inc – USDOT Number 670641
RSR 766.87; Continuance at the request of the carrier; Brian/David - Unanimous
Horse Logging Inc, of Athens, Maine is an intrastate private property carrier of logs, poles, beams, and lumber operating 4 power units and 2 CDL drivers.

During the review period (April 1, 2009 to March 31, 2010), the carrier had 92 violations (none serious) for a total of 256.90 points, including 1 operating with defective low air warning, 2 defective steering, 6 excess vehicle weight, 4 inadequate brakes, 1 unsecured load, 21 defective brake hose, 16 inoperative lights, 8 inadequate defective equipment, 4 inadequate tires, 3 defective brake adjustment, 16 inadequate suspension, 1 failure to provide evidence of insurance, 3 failure to provide proof of commercial inspection, 2 inadequate fire extinguisher, 1 expired inspection, 1 operating intrastate commercial without registration, 1 failure to display fuel decal, and 1 operating without ID device.  The carrier’s reported Maine mileage is 33,500 (MCS 150, 2009) resulting in an RSR of 766.87.

After the review period the carrier had 11 violations (none serious), including 1 defective brake hose, 4 inoperative lights, 1 inadequate defective equipment, 1 inadequate tires, and 4 inadequate suspension.

The carrier has a current Vehicle Maintenance BASIC of 99.5 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 57 (optional).  This is the carrier’s first full review.  Following the Board’s Letter B recommendation at its September 28, 2010 meeting, the carrier was sent a warning letter and a request for supplemental information via FedEx on October 5, 2010; the carrier refused the FedEx package on October 8, 2010.  Following the Board’s Letter A recommendation at its December 14, 2010 meeting, the carrier was sent a notice of review and a request for supplemental information via FedEx on December 17, 2010; the package was delivered and signed for on December 18, 2010.  A second request for supplemental information was sent by first class mail and fax on January 20, 2011.  The carrier has not responded to the Board’s request for additional information (supplemental questionnaire).

The carrier was contacted by phone on March 9, 2011.  The carrier stated that he does not have the time right now to complete the supplemental questionnaire or to appear before the Board today.  He explained he was a small company with only two drivers and he needs to operate at night because the roads are posted.  The carrier stated that this is his busy time and in a couple of weeks he could be available.  The carrier asked for more time and was told his request would be brought to the Board’s attention.

Documents for the record:

  1. MCRB Summary
  2. MCMIS Safety Profile
  3. Query Central Snapshot

Voisine & Sons Logging Inc – USDOT Number 743718
RSR 27.34; No Further Action; Alan/Brian - Unanimous
Voisine & Sons Logging Inc, of Chester, Maine is an intrastate exempt for-hire carrier of logs, poles, beams, and lumber operating 4 power units and 4 CDL drivers.

During the review period (April 1, 2009 to March 31, 2010) the carrier had 27 violations (1 serious) for a total of 81.10 points, including 1 aggravated gross weight, 1 unsafe commercial motor vehicle, 1 operation with defective low air warning, 3 excess vehicle weight, 2 operating over posted weight, 2 unsecured load, 1 defective brake hose, 1 inoperative lights, 4 inadequate defective equipment, 4 inadequate tires, 1 defective brake adjustment, 1 failure to provide evidence of insurance, 1 failure to provide proof of commercial inspection, 2 expired inspection, 1 operating intrastate commercial without registration, and 1 operating without ID device.  The carrier’s reported Maine mileage is 296,658 miles (FUID) resulting in an RSR of 27.34.

After the review period the carrier had 13 violations, including 1 unsafe commercial motor vehicle, 1 unsecured load, 3 inoperative lights, 2 inadequate tires, 2 defective brake adjustment, 1 inadequate fire extinguisher, 2 no VIN identification marking, and 1 failure to correct defects from last inspection.

The carrier has a current Vehicle Maintenance BASIC of 87.4 (Monitor Status), a MCSIP Step of 0 (not targeted) and an ISS inspection value of 52 (optional).  This is the carrier’s first full review.  The carrier submitted a supplemental questionnaire in October 2010 and has indicated via a phone call and a note that the information submitted previously is still the same.

Documents for the record:

  1. MCRB Summary
  2. Supplemental Information Form (from October 2010)
  3. MCMIS Safety Profile
  4. Query Central Snapshot

Travis Voisine, owner of Voisine & Sons Logging Inc, appeared before the Board to provide some information regarding his company’s operation, to explain the steps his company has taken to correct and prevent future violations, and also to answer questions posed by the Board.

Mr. Voisine testified that he runs a small logging operation using four trucks and four trailers.  He stated that during the economic downturn his small business was greatly affected and it was financially difficult to maintain the equipment.  When it came to maintenance on tires and brakes he just couldn’t afford to replace them as often as needed.  He stated that he probably tried to stretch tire life more than he should have.

Mr. Voisine stated that he has since entered into an arrangement with another company that now allows him to maintain his equipment when needed.  He testified that his equipment is in far better condition than it was during the review period and he has tires and brake parts stocked ahead.  He also has two people in the garage each weekend maintaining the equipment.

When asked about whether his drivers perform pre-trip inspections Mr. Voisine stated that his drivers are required to inspect the truck tractor and trailer first thing in the morning prior to loading, immediately after loading, and prior to any long road haul after coming out of the woods.  Mr. Voisine purchased additional tie down straps in excess of what is required for each load and has instructed his drivers to use all the straps when securing a load to avoid future unsecured load violations.

Follow-Up on Information Requests From “A” Carriers Previously Reviewed on December 14, 2010 (No Further Action Finding):
Sam’s Transportation Inc – USDOT Number 268904
At its last meeting the Board requested the carrier submit a safety plan specifically to include information regarding the training provided to drivers and staff responsible for safety and the carrier’s new driver discipline policy.  The information has not been received to date.

L R Hamilton Holdings Inc – USDOT Number 795842
At its last meeting the Board requested the carrier provide a letter, within 60 days, explaining the progress made implementing the carrier’s pre-trip inspection procedures and vehicle maintenance plan.  The Board reviewed a letter from Lyle Hamilton, President of L R Hamilton Holdings Inc, along with a copy of the carrier’s new pre-trip inspection sheet included with the letter.

Follow Up of “B” Carriers (From December 13, 2010 Meeting):

Follow Up of “B” Carriers (From December 14, 2010 Meeting):
The Board reviewed the information for the “B” Carriers issued warning letters after its last Board meeting.  No further action was taken by the Board on any of the “B” carriers other than to review the information below:

The Hay Guy LLC - USDOT Number 1457671
The warning letter and supplemental request was sent via FedEx on December 17, 2010.  The FedEx package was returned to BMV after three delivery attempts by FedEx with an explanation – “business closed.”  No supplemental information has been provided to date.

The carrier’s USDOT Number was inactivated on November 23, 2010.  A new USDOT Number with identical address information was issued to a related entity.  There are no new violations to report.

Ames Mobile Home Sales Inc – USDOT Number 788116
The warning letter and supplemental request was sent via FedEx on December 17, 2010 and delivered to the carrier on December 20, 2010.  A second request for information was sent by first class mail and fax on January 20, 2011.  The carrier’s supplemental questionnaire was received on January 27, 2011.  There are no new violations to report.

The carrier has a current Vehicle Maintenance BASIC of 76.5, a MCSIP Step of 0 (not targeted), and an ISS inspection value of 48 (pass).

Travis S Hayden – USDOT Number 1791065
The warning letter and supplemental request was sent via FedEx on December 17, 2010 and delivered to the carrier on December 18, 2010. The carrier’s supplemental questionnaire was received on January 7, 2011.

There are 22 new violations to report since the last meeting, including 1 defective steering, 2 excess vehicle weight, 1 inadequate brakes, 1 unsecured load, 1 defective brake hose, 4 inoperative lights, 4 inadequate defective equipment, 2 defective brake adjustment, 1 failure to provide evidence of insurance, 3 failure to provide proof of commercial inspection, 1 operating intrastate commercial without registration, and 1 failure to display name on truck/tractor.

The carrier has a current Controlled Substances and Alcohol BASIC of 69.3, a Vehicle Maintenance BASIC of 94.8 (Monitor Status), and a Cargo-Related BASIC of 83.8 (Monitor Status).  The carrier has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 91 (inspect).

Emery Lee and Sons Inc – USDOT Number 671994
The warning letter and supplemental request was sent via FedEx on December 17, 2010 and delivered to the carrier on December 20, 2010. The carrier’s supplemental questionnaire was received on January 5, 2011.  The carrier reported 626,604 Maine miles resulting in a recalculated RSR of 21.61.  There is conflicting information between the questionnaire and MCMIS as to the number of commercial vehicles and drivers operated.

There is one new violation to report – speeding in a commercial motor vehicle 0-14 mph over limit.

The carrier has a current Vehicle Maintenance BASIC of 97.4 (Monitor Status), a MCSIP Step of 22 (targeted), and an ISS inspection value of 56 (optional).

Precision Trucking Inc – USDOT Number 1198745
The warning letter and supplemental request was sent via FedEx on December 17, 2010 and delivered to the carrier on December 20, 2010.  A second request for information was sent by first class mail and fax on January 20, 2011.  The carrier’s supplemental questionnaire was received on February 1, 2011.

There are seven new violations to report, including 2 unsecured load, 1 inoperative lights, 1 inadequate tires, 1 failure to provide proof of commercial inspection, 1 operating intrastate commercial without registration, and 1 failure to pay UCR.

The carrier has a current Unsafe Driving BASIC of 21.0, a Vehicle Maintenance BASIC of 89.5 (Monitor Status), and a Crash Indicator BASIC of 73.5 (Monitor Status).  The carrier has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 88 (inspect).

Robert A Heath – USDOT Number 812057
The warning letter and supplemental request was sent via FedEx on December 17, 2010 and delivered to the carrier on December 20, 2010.  A second request for information was sent by first class mail and fax on January 20, 2011.  The carrier’s supplemental was received on March 7, 2011 and the MCRB summary was updated to reflect new mileage information.  The carrier reported 251,940 Maine miles resulting in a recalculated RSR of 18.42.  The carrier also provided some information about his business and the steps taken to prevent future violations.

There are no new violations to report.

The carrier has a current Vehicle Maintenance BASIC of 55.9, a MCSIP Step of 0 (not targeted), and an ISS inspection value of 41 (pass). 

Top Twenty Carriers (review period 10/01/2009 to 09/30/2010):

1. Garth Bailey – USDOT Number 1169800

RSR 415.04; Letter B; Brian/Bruce - Unanimous
Garth Bailey, dba Bailey’s, of Oakfield, Maine is an interstate for-hire carrier of fresh produce, refrigerated food, and paper products operating 2 power units and 2 CDL drivers.

During the review period the carrier had 49 violations (one serious) for a total of 132.80 points, including 1 falsifying log book, 1 defective steering, 4 inadequate brakes, 10 defective brake hose, 1 defective frame, 5 inoperative lights, 8 inadequate defective equipment, 6 inadequate tires, 1 failure to provide evidence of insurance, 8 failure to provide proof of commercial inspection, 1 inadequate fire extinguisher, and 3 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 31,997 miles (IFTA CH) resulting in an RSR of 415.04.

The carrier had two accidents during the review period.

After the review period the carrier had 11 violations (none serious), including 1 log not current, 1 inadequate defective equipment, 1 inadequate tires, 1 operating without medical certificate, 2 failure to provide proof of commercial inspection, 1 inadequate fire extinguisher, 2 illegal attachment of plates, 1 operating intrastate commercial without registration, and 1 trailer not properly marked.

The carrier has a current Unsafe Driving BASIC of 95.0 (Monitor Status), a Fatigued Driving BASIC of 92.2 (Monitor Status), a Driver Fitness BASIC of 91.7 (Monitor Status), a Controlled Substances and Alcohol BASIC in Monitor Status resulting from an Investigation finding of “using a driver before receiving a negative pre-employment result”, a Vehicle Maintenance BASIC of 94.9 (Monitor Status), and a Crash Indicator of 95.0 (Monitor Status).  The carrier has a MCSIP Step of 22 (targeted) and an ISS inspection value of 100 (inspect).  The carrier had an FMCSA compliance review on January 25, 2011 and received an unsatisfactory rating.  This is the carrier’s first preliminary review.

2. Hyler Trucking LLC – USDOT Number 1448743

RSR 246.39; Letter B; David/Brian - Unanimous
Hyler Trucking LLC, of Warren, Maine is an interstate for-hire carrier of general freight, meat, dry bulk commodities, refrigerated food, beverages, and paper products operating 1 power unit and 1 CDL driver.

During the review period the carrier had 11 violations (one serious) for a total of 29.70 points, including 1 operating with unqualified driver, 1 defective steering, 2 defective brake hose, 2 inadequate tires, 4 failure to provide proof of commercial inspection, and 1 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 12,054 miles (IFTA CH) resulting in an RSR of 246.39.

The carrier has a current Fatigued Driving BASIC of 92.3 (Monitor Status) and a Vehicle Maintenance BASIC of 83.0 (Monitor Status).  The carrier has a MCSIP Step of 7 (targeted) and an ISS inspection value of 95 (inspect).  This is the carrier’s first preliminary review.

3. Jeremy D Head – USDOT Number 542015

RSR 138.24; No Action; Brian/Bruce - Unanimous
Jeremy D Head, dba Head Trucking, of Bethel, Maine is an interstate exempt for-hire carrier of logs, poles, beams, and lumber operating 1 power unit and 1 CDL driver.

During the review period the carrier had 21 violations (one serious) for a total of 64.40 points, including 1 aggravated gross weigh (>19%), 1 defective steering, 4 excess vehicle weight, 1 operating over posted weight, 5 inoperative lights, 1 defective brake hose, 2 inadequate defective equipment, 1 inadequate tires, 2 failure to provide proof of commercial inspection, 1 inadequate fire extinguisher, and 2 inadequate exhaust.  The carrier’s reported Maine mileage is 46,587 miles (IFTA CH) resulting in an RSR of 138.24.

The carrier is not rated in the Safety Measurement System and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 1 (pass).  This is the carrier’s first preliminary review.4

4. Weldon L Willette – USDOT Number 795851

RSR 96.70; No Action; Brian/David - Unanimous
Weldon L Willette, dba Just Because Express, of Hodgdon, Maine is an interstate for-hire carrier of general freight, logs, poles, beams, and lumber operating 1 power unit and 2 CDL drivers.

During the review period the carrier had 55 violations (none serious) for a total of 156.40 points, including 1 operation with defective low air warning,  2 defective steering, 4 excess vehicle weight, 4 inadequate brakes, 16 inoperative lights, 2 defective brake hose, 7 inadequate defective equipment, 6 inadequate tires, 3 defective brake adjustment, 2 inadequate suspension, 1 failure to flag extended load, 2 failure to provide proof of commercial inspection, 1 inadequate fire extinguisher, 2 inadequate exhaust, 1 operating intrastate commercial without registration, and 1 operation without ID device.  The carrier’s reported Maine mileage is 161,731 miles (IFTA CH) resulting in an RSR of 96.70.

The carrier has a current Controlled Substances and Alcohol BASIC (Monitor Status) resulting from an Investigation finding of “failing to implement an alcohol and/or controlled substance testing program” and a Vehicle Maintenance BASIC of 98.0 (Monitor Status).  The carrier has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 89 (inspect).  This is the carrier’s first preliminary review.

The Board reviewed an email, dated March 3, 2011, sent by Mr. Willette which explained that during the review period he had three other drivers besides himself and now he is the only driver.  He believes this change will significantly reduce the number of future violations.

5. Patrick M Moore – USDOT Number 477626

RSR of 69.93; No Action; Brian/Bruce - Unanimous
Patrick M Moore, dba P M Moore & Sons, of Abbot, Maine is an interstate exempt for-hire/private property carrier of logs, poles, beams, lumber, machinery, and paper products operating 1 power unit and 1 CDL driver.

During the review period the carrier had 10 violations (none serious) for a total of 30.20 points, including 1 excess vehicle weight, 2 operating over posted weight, 1 unsecured load, 2 defective brake hose, 1 inoperative lights, 1 inadequate defective equipment, 1 failure to provide evidence of insurance, and 1 failure to provide proof of commercial inspection.  The carrier’s reported Maine mileage is 43,187 miles (IFTA CH) resulting in an RSR of 69.93.

During the review period the carrier had one accident resulting in injury.

The carrier is currently suspended for failure to pay 2011 UCR fees.

The carrier is not rated in the Safety Measurement System and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 27 (pass).  This is the carrier’s first preliminary review.

6. Ronald E Bubar – USDOT Number 743726

RSR 56.61; No Action; Brian/David – Unanimous
Ronald E Bubar, dba Ronald Bubar & Sons, of Reed Plantation, Maine is an intrastate exempt for-hire/private property carrier of logs, poles, beams, lumber, and construction equipment operating 1 power unit and 5 CDL drivers.

During the review period the carrier had 15 violations (none serious) for a total of 49.40 points, including 6 excess vehicle weight, 1 defective brake hose, 4 inoperative lights, 1 defective frame, 2 inadequate defective equipment, and 1 inadequate suspension.  The carrier’s reported Maine mileage is 87,261 miles (FUID) resulting in an RSR of 56.61.

The carrier is not rated in the Safety Measurement System and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 1 (pass).  This is the carrier’s first preliminary review.

The Board reviewed a letter from Ronald E. Bubar which stated that he had taken his heavy truck out of service.  The carrier’s USDOT Number 743726 is still active.

7. Nitram Excavation & General Contractor Inc – USDOT Number 944889

RSR 56.24; No Action; Alan/Brian - Unanimous
Nitram Excavation & General Contractor Inc, of Benton, Maine is an intrastate exempt for-hire/private property carrier of construction equipment operating 20 power units and 15 CDL drivers.

During the review period the carrier had 24 violations (two serious) for a total of 80.30 points, including 2 aggravated gross weight (>19%), 2 excess vehicle weight, 1 operating over posted weight, 1 inadequate brakes, 7 inoperative lights, 3 defective brake hose, 4 inadequate defective equipment, and 4 inadequate tires.  The carrier’s reported Maine mileage is 142,776 miles (FUID) resulting in an RSR of 56.24.

After the review period the carrier had 4 violations for inadequate tires.

The carrier has a current Vehicle Maintenance BASIC of 85.3 (Monitor Status) and a MCSIP Step of 0 (not targeted) and an ISS inspection value of 52 (optional).  This is the carrier’s first preliminary review.

8. Genesis Express Inc – USDOT Number 1438109

RSR 52.84; No Action; Brian/Bruce - Unanimous
Genesis Express Inc, of Grand Prairie, Texas is an interstate for-hire carrier of general freight, fresh produce, and paper products operating 77 power units and 79 CDL drivers.

During the review period the carrier had 6 violations (one serious) for a total of 19.20 points, including 1 falsifying log book, 1 defective steering, 2 inadequate defective equipment, and 2 failure to comply with IRP.  The carrier’s reported Maine mileage is 36,333 miles (IFTA CH) resulting in an RSR of 52.84.

The carrier has a current Unsafe Driving BASIC of 64.40, a Fatigued Driving BASIC of 95.9 (Monitor Status), a Driver Fitness BASIC of 96.0 (Monitor Status), a Vehicle Maintenance BASIC of 86.5 (Monitor Status), a Cargo-Related BASIC of 61.6, and a Crash Indicator BASIC of 66.3. The carrier has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 100 (inspect).  This is the carrier’s first preliminary review.

9. MDP Transportation Inc – USDOT Number 612634

RSR 45.51; Letter B; Brian/David - Unanimous
MDP Transportation Inc, of Perry, Maine is an interstate for-hire carrier of general freight, logs, poles, beams, lumber, dry bulk commodities, paper products, and wood chips operating 5 power units and 5 CDL drivers.

During the review period the carrier had 49 violations (none serious) for a total of 138.70 points, including 1 operating over posted weight, 6 inadequate brakes, 10 inoperative lights, 6 defective brake hose, 8 inadequate defective equipment, 8 inadequate tires, 6 defective brake adjustment, 1 failure to provide evidence of insurance, 2 failure to provide proof of commercial inspection, and 1 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 304,800 miles (FUID) resulting in an RSR of 45.51.

After the review period the carrier had 3 violations, including 1 excess vehicle weight, 1 inadequate defective equipment, and 1 inadequate tires.

The carrier has a current Vehicle Maintenance BASIC of 95.1 (Monitor Status) and a MCSIP Step of 0 (not targeted) and an ISS inspection value of 55 (optional).  This is the carrier’s first preliminary review.

10. Jonathan Coburn – USDOT Number 771815

RSR 40.85: Letter A; David/Brian - Unanimous
Jonathan Coburn, dba RMC Trucking, of Winn, Maine is an interstate exempt for-hire carrier of logs, poles, beams, and lumber operating 5 power units and 3 CDL drivers.

During the review period the carrier had 36 violations (two serious) for a total of 99.50 points, including 1 falsifying log book, 1 operating without duty status log, 1 operation with defective low air warning, 1 operating over posted weight, 1 inadequate brakes, 8 inoperative lights, 1 defective frame, 4 inadequate defective equipment, 9 inadequate tires, 1 failure to provide evidence of insurance, 2 failure to provide proof of commercial inspection, 1 inadequate exhaust, and 5 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 243,591 miles (IFTA CH) resulting in an RSR of 40.85.

After the review period the carrier had 18 violations (none serious), including 1 defective steering, 1 speeding in a CMV greater than 14 mph over limit, 1 inadequate brakes, 3 defective brake hose, 1 defective frame, 1 inoperative lights, 1 inadequate defective equipment, 5 inadequate tires, 1 inadequate suspension, and 3 operating intrastate commercial without registration.

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

The carrier has eight FTA/FTP suspensions and one UCR suspension.

The carrier has a current Fatigued Driving BASIC of 96.7 (Monitor Status), a Driver Fitness BASIC of 97.2 (Monitor Status), a Vehicle Maintenance BASIC of 96.9 (Monitor Status), and a Crash Indicator of 87.4 (Monitor Status).  The carrier has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 99 (inspect).  This is the carrier’s second preliminary review.  The carrier was issued a warning letter in June 2009 (RSR 18.55).

11. Kirk Newhall – USDOT Number 1799414

RSR 35.36; No Action; Brian/Bruce - Unanimous
Kirk Newhall, dba Newhall Trucking, of Anson, Maine is an interstate exempt for-hire carrier of logs, poles, beams, lumber, and bark mulch operating 1 power unit and 1 CDL driver.

During the review period the carrier had 9 violations (none serious) for a total of 28.50 points, including 2 excess vehicle weight, 1 operating over posted weight, 1 inadequate brakes, 2 inoperative lights, 1 defective brake hose, 1 inadequate defective equipment, and 1 inadequate fire extinguisher.  The carrier’s reported Maine mileage is 80,589 miles (FUID) resulting in an RSR of 35.36.

The carrier is currently not rated in the Safety Measurement System and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 98 (inspect).  This is the carrier’s first preliminary review.

12. Douglas J Fitzpatrick – USDOT Number 308991

RSR 33.13; No Action; Brian/Bruce - Unanimous
Douglas J Fitzpatrick, dba Fitzpatrick Trucking, of Houlton, Maine is an interstate for-hire carrier of general freight, fresh produce, meat, dry bulk commodities, refrigerated food, beverages, and paper products operating 3 power units and 4 CDL drivers.

During the review period the carrier had 15 violations (two serious) for a total of 51.90 points, including 2 operating motor vehicle over 10/11 hours, 1 operating with defective low air warning, 3 inadequate brakes, 2 defective brake hose, 1 inoperative lights, 1 inadequate defective equipment, 3 inadequate tires, 1 defective brake adjustment, and 1 failure to provide proof of commercial inspection.  The carrier’s reported Maine mileage is 156,653 miles resulted in an RSR of 33.13.

The carrier has a current Unsafe Driving BASIC of 59.1, a Fatigued Driving BASIC of 99.8 (Monitor Status), and a Vehicle Maintenance BASIC of 86.9 (Monitor Status).  The carrier has a MCSIP Step of 7 (targeted) and an ISS inspection value of 97 (inspect).  This is the carrier’s first preliminary review.

13. Robert Robinson Trucking Inc – USDOT Number 729299

RSR 32.86; No Action; Brian/David - Unanimous
Robert Robinson Trucking Inc of Benedicta, Maine is an interstate for-hire carrier of general freight, logs, poles, beams, lumber, and bark mulch operating 1 power unit and 1 CDL driver.

During the review period the carrier had 10 violations (none serious) for a total of 30.10 points, including 1 defective steering, 3 operating over posted weight, 2 defective brake hose, 1 inadequate defective equipment, 2 inadequate suspension, and 1 failure to display DOT/MC number.  The carrier’s reported Maine mileage is 91,589 miles (IFTA CH) resulting in an RSR of 32.86.

The carrier is not currently rated in the Safety Measurement System and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 35 (pass).  This is the carrier’s first preliminary review.

14. Lamberts Auto and Truck Inc – USDOT Number 450191

RSR 31.64; No Action; Brian/Bruce - Unanimous
Lamberts Auto and Truck Inc, of Rochester, New Hampshire is an interstate private property carrier of motor vehicles operating 6 power units and 4 drivers.

During the review period the carrier had 14 violations (none serious) for a total of 43.40 points, including 4 excess vehicle weight, 1 unsecured load, 2 inoperative lights, 1 defective brake hose, 2 inadequate defective equipment, 3 inadequate tires, and 1 failure to provide proof of commercial inspection.  The carrier’s reported Maine mileage is 137,149 miles (IFTA CH) resulting in an RSR of 31.64.

The carrier has a current Vehicle Maintenance BASIC of 97.5 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 56 (optional).  This is the carrier’s first preliminary review.

15. R & S Trucking Inc – USDOT Number 658616

RSR 31.10; No Action; Brian/Alan - Unanimous
R & S Trucking Inc, of Sherman, Maine is an interstate exempt for-hire carrier of logs, poles, beams, lumber, garbage, refuse, and trash operating 3 power units and 3 CDL drivers.

During the review period the carrier had 23 violations (none serious) for a total of 80.60 points, including 3 defective steering, 4 excess vehicle weight, 2 operating over posted weight, 5 inadequate brakes, 1 unsecured load, 7 inoperative lights, and 1 inadequate fire extinguisher.  The carrier’s reported Maine mileage is 259,205 miles (IFTA CH) resulting in an RSR of 31.10.

The carrier has a Vehicle Maintenance BASIC of 65.4, a MCSIP Step of 0 (not targeted), and an ISS inspection value of 45 (pass).  This is the carrier’s first preliminary review.

16. Timber Express Inc – USDOT Number 562630

RSR 28.44; No Action; Brian/Bruce - Unanimous
Timber Express Inc, of Madison, Maine is an interstate private property carrier of logs, poles, beams, lumber, machinery, and logging equipment operating 7 power units and 4 CDL drivers. 

During the review period the carrier had 33 violations (none serious) for a total of 96.30 points, including 2 defective steering, 3 excess vehicle weight, 1 inadequate brakes, 1 unsecured load, 11 inoperative lights, 5 defective brake hose, 4 inadequate defective equipment, 1 inadequate tires, 1 failure to display flags/flares, 1 speeding in a CMV 0-14 mph over limit, 2 inadequate fire extinguisher, and 1 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 338,644 miles (IFTA CH) resulting in an RSR of 28.44.

After the review period the carrier had 5 violations, including 1 defective brake hose, 1 inoperative lights, 2 inadequate defective equipment, and 1 failure to provide proof of commercial inspection.

The carrier has a current Vehicle Maintenance BASIC of 90.9 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 54 (optional).  This is the carrier’s first preliminary review.

17. Linkletter Trucking Inc – USDOT Number 673530

RSR 26.94; Letter B; Brian/Alan - Unanimous
Linkletter Trucking Inc, of Athens, Maine is an intrastate private property carrier of logs, poles, beams, and lumber operating 14 power units and 13 CDL drivers.

During the review period the carrier had 57 violations (none serious) for a total of 170.40 points, including 2 defective steering, 2 excess vehicle weight, 1 speeding in a CMV greater than 14 mph over limit, 3 operating over posted weight, 16 defective brake hose, 18 inoperative lights, 6 inadequate defective equipment, 1 defective coupling, 5 inadequate tires, 1 inadequate suspension, 1 failure to provide evidence of insurance, and 1 failure to provide proof of commercial inspection.  The carrier’s reported Maine mileage is 632,531 miles (FUID) resulting in an RSR of 26.94.

The carrier had two accidents during the review period, one fatal.

After the review period the carrier had 6 violations, including 1 defective brake hose, 1 inoperative lights, 2 inadequate tires, 1 failure to provide proof of commercial inspection, and 1 operating intrastate commercial without registration.

After the review period the carrier had one accident.

The carrier has a current Vehicle Maintenance BASIC of 89.3 (Monitor Status), a Crash Indicator BASIC of 92.8 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 96 (inspect).  This is the carrier’s first preliminary review.

18. Herbert G Renaud – USDOT Number 943257

RSR 25.61; No Action; Brian/Bruce - Unanimous
Herbert G Renaud, dba H G Renaud, of Pembroke, Maine is an intrastate exempt for-hire carrier of logs, poles, beams, and lumber operating 1 power unit and 1 CDL driver.

During the review period the carrier had 6 violations (none serious) for a total of 20.80 points, including 1 log not current, 1 operating over posted weight, 3 unsecured load, and 1 defective brake hose.  The carrier’s reported Maine mileage is 81,230 miles (FUID) resulting in an RSR of 25.61.

After the review period the carrier had 4 violations, including 1 inadequate brakes, 2 defective brake hose, and 1 inoperative lights.

The carrier is not currently rated in the Safety Measurement System and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 47 (pass).  This is the carrier’s first preliminary review.

19. MTK Inc – USDOT Number 384200

RSR 21.71; No Action; Bruce/David - Unanimous
MTK Inc, of Garfield Plantation, Maine is an interstate for-hire carrier of logs, poles, beams, lumber, and wood chips operating 7 power units and 7 CDL drivers.

During the review period the carrier had 22 violations (none serious) for a total of 73.70 points, including 2 defective steering, 6 excess vehicle weight, 1 operating over posted weight, 3 inadequate brakes, 1 defective brake hose, 1 inadequate defective equipment, 1 defective coupling, 2 inadequate tires, 4 defective brake adjustment, and 1 inadequate fire extinguisher.  The carrier’s reported Maine mileage is 339,474 miles (IFTA CH) resulting in an RSR of 21.71.

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

After the review period the carrier had 3 violations, including 1 inadequate defective equipment, 1 operating over height, and 1 failure to pay UCR.

The carrier has a current Unsafe Driving BASIC of 51.1 and a Vehicle Maintenance BASIC of 62.5.  The carrier has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 44 (pass).  This is the carrier’s first preliminary review.

The Board reviewed a letter from Dawn Clark, Secretary/Treasurer of MTK Inc, dated March 7, 2011.  The letter detailed some of the steps the company has taken to prevent future violations.

20. Feed Commodities International Inc – USDOT 340136

RSR 20.93; No Action; Bruce/David - Unanimous
Feed Commodities International Inc, of Middlebury, Vermont is an interstate private property carrier of grain, feed, and hay operating 42 power units and 40 CDL drivers.

During the review period the carrier had 17 violations (none serious) for a total of 52.30 points, including 4 excess vehicle weight, 5 inadequate brakes, 2 inadequate defective equipment, 4 inadequate suspension, 1 failure to provide proof of commercial inspection, and 1 failure to comply with IRP.  The carrier’s reported Maine mileage is 249,880 miles (IFTA CH) resulting in an RSR of 20.93.

The carrier has a current Unsafe Driving BASIC of 9.5, a Fatigued Driving BASIC of 7.2, a Vehicle Maintenance BASIC of 63.7, and a Crash Indicator BASIC of 18.4.  The carrier has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 43 (pass).  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 (USDOT 913527) – sill under MCRB suspension until an acceptable safety plan is submitted to the Board.

McGary Forestry (USDOT 1703211) – still under MCRB suspension until such time as the carrier appears before the Board.

Review of Proposed Violation Severity Points Presented at the December 14, 2010 meeting:

Brain and David reported that the Maine Motor Transport Association Safety Management Council had reviewed and discussed the proposed changes to the Board’s existing severity points and it was thought that it was best and most consistent from an industry standpoint to adopt the Compliance Safety Accountability (CSA) violation severity weight factors in totality rather than trying to tweak severity weights individually.  A motion was made that the Board adopt the CSA violations severity weights.  Brian/David - Unanimous

New Business:

Discuss Preliminary Review Thresholds
There was a brief discussion about whether the current Top 20 RSR selection threshold of 15 would need to be changed once the CSA severity weight factors were adopted.  It was decided that Board staff will select the Top 20 for the next meeting using the existing scoring procedure and then rescore the same Top 20 using the CSA violation severity weights for comparison.  Based on the results the Board will make a recommendation about whether or not the threshold will need to be changed prior to proceeding to the rule making process needed to adopt the CSA violation severity weights.

Next Meeting Date:

Tuesday, June 14, 2011 at 8:00 AM
Bureau of Motor Vehicles - Executive Conference Room

A motion to adjourn the meeting was made at 11:21 AM; Brian/Bruce - Unanimous



Return to the Motor Carrier Review Board