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Motor Carrier Review Board
March 6, 2012

Board Members Present:

The following Board members were present: Mark Hutchins, Chair; Brian Parke; Bruce Gray; David Littlefield; Patrick Sirois; and, Russell Swift. 


BMV Staff Present:

Garry Hinkley; Francis Fox; Patrick Malloy; Rolanda Nadeau; Angela Giuffrida; and, Devon Dobbins.


Attorney General's Office:

Gregory Im


Guests:

Dan Russell, Maine State Police Commercial Enforcement Unit - Motor Carrier Inspector


 

The Motor Carrier Review Board met on March 6, 2012.  The meeting was called to order at 8:06 AM.

Minutes of the December 15, 2011 Board meeting were approved. Brian/David – Unanimous

Announcements:

Two new motor carrier services employees were introduced to the Board: Rolanda Nadeau, Management Analyst I and Devon Dobbins, MV Central Office Manager I.  Devon will be assuming the duties previously performed by Patrick Malloy.

Dan Russell, Maine State Police Commercial Enforcement Unit – Motor Carrier Inspector was introduced to the Board.  Dan gave a brief presentation about two new projects underway at MSP-CEU and discussed how his group might provide useful information and assistance to the Motor Carrier Review Board.  Dan also answered many questions regarding inspection violations posed by the Board throughout the meeting.

Correspondence:

Other than the supplemental questionnaires received there were three letters for the Board to review:

  • A letter dated January 4, 2012 from Ellen McLaughlin on behalf of Gateway Inn.
  • A letter dated February 27, 2012 from Barry Higgins, owner of Maple Lane Farms.
  • A letter dated March 2, 2012 from Timothy A. Ouellette, Treasurer, CPM Constructors.

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

Review of "A" Carriers:

Down East Disposal LLC – USDOT Number 1651512
RSR 117.08; No Action; Brian/Bruce - Unanimous
Down East Disposal LLC, of Calais, Maine is an interstate exempt for-hire carrier of garbage, refuse, and trash operating 4 power units and 5 (4 CDL) drivers.

During the review period (January 1, 2010 to December 31, 2010) the carrier had 27 violations (four serious) for a total of 74.40 points, including 2 operation with defective fuel system, 2 no brake pressure, 1 defective steering, 4 inadequate brakes, 1 unsecured load, 3 inoperative lights, 2 inadequate defective equipment, 2 inadequate tires, 2 failure to provide proof of commercial inspection, 2 inadequate fire extinguisher, 2 operating intrastate commercial without registration, 1 failure to display name on truck/tractor, 1 failure to display fuel decal, and 2 failure to comply with IRP.  The carrier’s reported Maine mileage is 63,546 miles (IFTA CH) resulting in an RSR of 117.08.

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

After the review period the carrier had 12 violations (none serious), including 1 inadequate brakes, 1 unsecured load, 2 inoperative lights, 1 defective coupling, 1 inadequate defective equipment, 1 inadequate tires, 2 defective brake adjustment, 1 operating intrastate commercial without registration, 1 improper marking on truck/tractor, and 1 failure to correct previous defects.

The carrier has a current Vehicle Maintenance BASIC of 71.3, a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 47 (pass).

On December 19, 2011 a Letter A, along with a supplemental questionnaire and an MCS-150 Form was sent to the carrier via FedEx.  Delivery was acknowledged on December 22, 2011 (signed for by M. Cilley).  On January 26, 2012 a staff member spoke with Susan Cilley who previously told staff that she was buying out Down East Disposal LLC.  Ms. Cilley indicated that Down East Disposal LLC was out-of-business.  She was faxed an MCS-150 Form in order to update the carrier’s USDOT status to “out-of-business”.   On February 17, 2012 a staff member called Ms. Cilley and left a message that Board staff had not yet received the supplemental questionnaire or an updated MCS-150 Form.  The MCS-150 Form was received on March 5, 2012 with a Filing Reason of “Out of Business Notification.”  The apportioned vehicles previously registered to Down East Disposal LLC are now registered to Cilley’s Down East Waste LLC (USDOT Number 2260054 – Owner Moses Cilley).

This is a continuance of the carrier’s first full review begun on December 15, 2011.  The carrier had a preliminary review in June 2011 which resulted in a warning letter.  The carrier is currently IRP/IFTA suspended for failure to file required tax reports.
Documents for the record:

  1. Motor Carrier Review Board Summary
  2. MCS-150 Form
  3. MCMIS Safety Profile
  4. Safety Measurement System History
  5. Query Central Snapshot

Susan Cilley – USDOT Number 792776
RSR 395.60; No Action except for a request that the carrier furnish a document to the Board prior to the next meeting outlining the progress made implementing improvements to its maintenance program; Russell/Patrick - Unanimous
Susan Cilley, dba Cilley’s Construction, of Princeton, Maine is an intrastate private property carrier of construction equipment/materials operating 10 power units and 4 (2 CDL) drivers.

During the review period (April 1, 2010 to March 31, 2011) the carrier had 62 violations (three serious) for a total of 197.80 points, including 2 aggravated gross weight (>19%), 1 operation with defective fuel system, 1 operation with defective low air warning, 10 defective steering, 2 excess vehicle weight, 2 operating over posted weight, 2 inadequate brakes, 4 unsecured load, 11 inoperative lights, 1 defective frame, 7 inadequate defective equipment, 9 inadequate tires, 1 inadequate suspension, 2 failure to provide evidence of insurance, 1 failure to provide proof of commercial inspection, 2 expired inspection, 2 operating intrastate commercial without registration, and 2 failure to display fuel decal.  The carrier’s reported Maine mileage is 49,885 miles (FUID) resulting in an RSR of 395.60.

After the review period the carrier had 11 violations, including 1 operation with defective low air warning, 2 inadequate brakes, 3 inoperative lights, 2 inadequate defective equipment, 1 inadequate suspension, 1 inadequate fire extinguisher, and 1 inadequate exhaust.

The carrier has a current Vehicle Maintenance BASIC of 98.9 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 57 (optional).

On December 19, 2011 a Letter A, along with a supplemental questionnaire was sent to the carrier via FedEx.  Delivery was acknowledged on December 21, 2011 (signed for by S. Cilley).  On January 26, 2012 a staff member spoke with Susan Cilley about the supplemental questionnaire.  After the call a staff member faxed Ms. Cilley a supplemental questionnaire to complete.  On February 17, 2011 a call was place to Ms. Cilley and a message was left inquiring about the supplemental questionnaire and whether or not she would be attending the hearing.  Another call was made to Ms. Cilley on February 29, 2011 and a voice message was left inquiring about the supplemental questionnaire and her attendance at the meeting.  The supplemental questionnaire was received on March 5, 2012.  The carrier’s reported Maine mileage was “approximately 45,000 miles.
This is the carrier’s first full review.  A warning letter was issued in October 2011.

Documents for the record:

  1. Motor Carrier Review Board Summary
  2. Carrier’s Supplemental Questionnaire
  3. MCMIS Safety Profile
  4. Safety Measurement System History
  5. Query Central Snapshot

Moses and Susan Cilley appeared before the Board to present testimony and answer questions posed by the Board.  Mr. Cilley testified that they tried to grow the company too fast (“too many irons in the fire”) and they weren’t able to keep up with the maintenance.  The company has since cut back on equipment and is now operating one truck which is currently only used for residential work like plowing driveways.  Mr. Cilley also testified that he purchased Down East Disposal LLC and he now operates five trucks under Cilley’s Down East Waste LLC (USDOT Number 2260054).  The two companies have separate locations but common ownership.  Ms. Cilley testified that they have put practices in place to address maintenance issues in the future.

Gateway Inn – USDOT Number 784469
RSR 94.48; Continuance with a request for the carrier to submit a full safety plan for both Gateway Inn and McLaughlin’s Timber Trucking Inc at least 30 days prior to the next Board meeting; Brian/David – 5 to 1 In Favor
Gateway Inn, of Medway, Maine is an interstate private property carrier of biomass operating 8 power units and 4 CDL drivers.

During the review period (April 1, 2010 to March 31, 2011) the carrier had 31 violations (one serious) for a total of 82.20 points, including 1 no brake pressure, 1 excess vehicle weight, 1 speeding in a commercial motor vehicle greater than 14 mph over limit, 6 inadequate brakes, 1 defective frame, 2 inoperative lights, 4 inadequate defective equipment, 1 defective coupling, 1 inadequate tires, 2 defective brake adjustment, 1 operating over height, 1 failure to provide evidence of insurance, 1 speeding in a commercial motor vehicle 0-14 mph over limit, 1 operating beyond overlimit permit, 1 failure to provide proof of commercial inspection, 2 expired inspection, 1 operating intrastate commercial without registration, 1 failure to display name on truck/tractor, 1 failure to display fuel decal, and 1 operating without ID device.  The carrier’s reported Maine mileage is 87,341 miles (FUID) resulting in an RSR of 94.48.

During the review period the carrier had one tow-away injury accident.

After the review period the carrier had 16 violations, including 1 defective steering, 1 operating over posted weight, 2 inadequate brakes, 4 unsecured load, 1 defective brake hose, 1 inoperative lights, 1 inadequate defective equipment, 1 operating intrastate commercial without registration, 1 failure to display name on truck/tractor, 1 failure to display fuel decal, and 2 operating without ID device.

The carrier has a current Vehicle Maintenance BASIC of 86.5 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 52 (optional).

On December 19, 2011 a Letter A, along with a supplemental questionnaire was sent to the carrier via FedEx.  Delivery was acknowledged on December 20, 2011 (signed for by J. Currie).  On January 6, 2012 the Board received a letter from Ellen McLaughlin questioning whether the latest notice of review was sent in error.  On January 6, 2012 a response letter was sent via certified mail to Ms. McLaughlin along with copies of the notices previously sent and the supplemental questionnaire.  The certified letter was returned by the USPS as ‘unclaimed’.  On February 17, 2012 a staff member spoke to Ms. McLaughlin.  She indicated she did not know about the letter sent in response to her letter.  A copy of the letter and attachments were faxed to Ms. McLaughlin.  She said the company had no plans to attend the hearing.  There has been no supplemental questionnaire received to date for this review.

This is the carrier’s first full review.

Documents for the record:  

  1. Motor Carrier Review Board Summary
  2. Letter dated January 4, 2012 from Ellen McLaughlin
  3. Letter dated January 6, 2012 from Francis Fox, Board Clerk
  4. MCMIS Safety Profile
  5. Safety Measurement System History
  6. Query Central Snapshot

Ridge Road Express Inc – USDOT Number 1475241
RSR 49.32; Continuance with a request for the carrier to submit a full safety plan for Ridge Road Express Inc and any affiliated companies at least 30 days prior to the next Board meeting; Brian/Bruce – Unanimous
Ridge Road Express Inc, of Houlton, Maine is an interstate for-hire carrier of general freight and fresh produce operating 4 power units and 4 CDL drivers.

During the review period (April 1, 2010 to March 31, 2011) the carrier had 29 violations (none serious) for a total of 72.50 points, including 1 excess vehicle weight, 4 inadequate brakes, 4 defective brake hose, 5 inadequate defective equipment, 4 inadequate tires, 2 defective brake adjustment, 1 speeding in a commercial motor vehicle 0-14 mph over limit, 1 failure to provide proof of commercial inspection, 1 evasion of registration fees/taxes, 2 expired inspection, 1 inadequate exhaust, 2 operating intrastate commercial without registration, and 1 failure to display fuel decal.  The carrier’s reported Maine mileage is 146,935 miles (IFTA CH) resulting in an RSR of 49.32.

After the review period the carrier had 20 violations, including 1 excess vehicle weight, 1 inadequate brakes, 5 inoperative lights, 3 inadequate defective equipment, 1 inadequate tires, 1 defective brake adjustment, 2 expired inspection, 1 evasion of registration fees/taxes, 2 operating intrastate commercial without registration, 2 failure to display fuel decal, and 1 failure to comply with IRP.

The carrier has a current Unsafe Driving BASIC of 83.5 (Monitor Status), a Fatigued Driving BASIC of 96.1 (Monitor Status), and a Vehicle Maintenance BASIC of 63.5.  The carrier has a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 97 (inspect). 

On December 19, 2011 a Letter A and a supplemental questionnaire was sent to the carrier via FedEx.  Delivery was acknowledged on December 21, 2011 (signed for by M. Lynds).  On February 14, 2012 a second request for the supplemental questionnaire was sent via first class mail and by fax.  A Board staff member spoke with Wayne Shaw, President of Ridge Road Express Inc. on February 17, 2012.  Mr. Shaw stated that he was in the process of filling out the supplemental questionnaire.  The carrier’s supplemental questionnaire was received March 5, 2012.

This is the carrier’s first full review.  The carrier was previously issued a warning letter in October 2011.

Documents for the record:

  1. Motor Carrier Review Board Summary
  2. MCMIS Safety Profile
  3. Safety Measurement System History
  4. Query Central Snapshot

Linkletter Trucking Inc – USDOT Number 673530
RSR 16.68; No Action; Brian/Patrick - 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 (October 1, 2009 to March 31, 2011) the carrier had 72 violations (none serious) for a total of 209.70 points, including 2 defective steering, 2 speeding in a commercial motor vehicle greater than 14 mph over limit, 3 excess vehicle weight, 4 operating over posted weight, 2 inadequate brakes, 19 inoperative lights, 16 defective brake hose, 2 inadequate defective equipment, 1 defective coupling, 7 inadequate tires, 9 inadequate suspension, 1 failure to provide evidence of insurance, 1 failure to provide proof of commercial inspection, 2 expired inspection, and 1 operating intrastate without commercial registration.  The carrier’s reported Maine mileage is 1,257,412 miles (supplemental questionnaire) resulting in an RSR of 16.68.

During the 18 month review period the carrier had nine accidents; one resulted in a fatality and at least one other accident resulted in injury.

After the review period the carrier had 66 violations, including 3 defective steering, 3 excess vehicle weight, 1 operating beyond road restrictions, 3 operating over posted weight, 3 inadequate brakes, 10 defective brake hose, 8 inoperative lights, 1 defective coupling, 9 inadequate defective equipment, 11 inadequate tires, 11 inadequate suspension, 1 failure to provide proof of commercial inspection, 1 expired inspection, and 1 operating intrastate commercial without registration.

After the review period the carrier had two accidents, one resulting in a fatality and injuries.

The carrier has a current Unsafe Driving BASIC of 32.4, a Vehicle Maintenance BASIC of 92.5 (Monitor Status), and a Crash Indicator BASIC of 85.7 (Monitor Status).  The carrier has a MCSIP Step of 0 (not targeted) and an ISS inspection selection value of 96 (inspect). 

The Letter A and the supplemental questionnaire were sent via FedEx on December 19, 2011.  Delivery was acknowledged on December 20, 2011 (signed for by S. Linkletter).  The carrier’s supplemental questionnaire was received on January 6, 2012.  The carrier reported 1,257,412 Maine miles which resulted in an updated RSR of 16.68.

This is the carrier’s first full review.  The carrier was issued two previous warning letters in March and October of 2011.

Documents for the record:

  1. Motor Carrier Review Board Summary
  2. Carrier’s Supplemental Questionnaire
  3. MCMIS Safety Profile
  4. Safety Measurement System History
  5. Query Central Snapshot

Richard Linkletter, CEO of Linkletter Trucking Inc appeared before the Board to present testimony and answer questions posed by the Board.  Mr. Linkletter testified that his company operates mostly in the woods and his drivers don’t often know about maintenance issues such as inoperative lights when they enter the highway from the woods.  He stated that his company has five mechanics in the garage and the company fixes every known defect.  Mr. Linkletter instituted several policies to improve driver inspections.  For example, a bonus is given to the driver when no DOT violations are found during a roadside inspection.  Trucks are not allowed to leave the yard if an issue is discovered during a driver walk-around.  The company operates 14 trucks with 13 drivers so that a spare truck is available to keep a driver working while maintenance is performed on a truck with issues discovered during a driver inspection.  The company also has spare trailers.  Mr. Linkletter also stated that his company has been subject to increased roadside scrutiny since the fatality accident and he believes at least some of the violations his company was cited for were unwarranted and not truly violations.

Follow Up of “B” Carriers (From December 15, 2011 Meeting):

Little Rock Trucking LTD - USDOT Number 287929
RSR 914.62; No Further Action; Patrick/David - Unanimous
The warning letter and supplemental request was sent via FedEx on December 16, 2011 and delivered to the carrier on December 22, 2011.  The supplemental questionnaire was received on January 17, 2012.  The carrier reported 23,315 Maine kilometers but tax returns for the review period only reported 20,753 Maine kilometers.   Further investigation revealed that the carrier had included Maine kilometers for a quarter outside of the review period in the supplemental mileage.  The carrier’s RSR remains as previously reported.

There are no new violations to report.  The carrier has a current Vehicle Maintenance BASIC of 92.1 (Monitor Status), a Cargo-Related BASIC of 96.9 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 88 (inspect).

T W Clark LTD – USDOT Number 404848
RSR 40.63; No Further Action; Brian/Bruce - Unanimous
The warning letter and supplemental request was sent via FedEx on December 19, 2011 and delivered to the carrier on December 20, 2011 (signed for by A. Clark).  A second request for information was sent by first class mail and fax on February 14, 2012.  The supplemental questionnaire was received March 5, 2012.  The carrier reported 150,313 Maine miles which resulted in an updated RSR of 39.00.

There are three new violations to report since the last meeting (none serious), including 2 defective brake hose and 1 inadequate tires.

The carrier currently has a Vehicle Maintenance BASIC of 88.9 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 58 (optional).

Fieldings Oil Co Inc – USDOT Number 745326
RSR 20.98; No Further Action; Patrick/Bruce - Unanimous
The warning letter and supplemental request was sent via FedEx on December 19, 2011 and delivered to the carrier on December 20, 2011 (signed for by P. Gray).  The supplemental questionnaire was received on January 12, 2012.  The carrier reported 417,627 Maine miles which resulted in an updated RSR of 20.98.

There are five new violations to report (two serious), including 1 no test dates, 1 inadequate placarding, and 3 inadequate shipping papers.

The carrier has a current Vehicle Maintenance BASIC of 25.4, a Cargo-Related BASIC of 88.7 (Monitor Status), a Crash Indicator of 68.6 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 88 (inspect).


Hanscom Construction Inc – USDOT Number 317695
RSR 20.35; No Further Action; Bruce/David - Unanimous
The warning letter and supplemental request was sent via FedEx on December 19, 2011 and delivered to the carrier on December 20, 2011 (signed for by A. Hanscom).  A second request for information was sent by first class mail and fax on February 14, 2012.  The supplemental questionnaire was received on February 15, 2012.  There was no Maine mileage reported.

There are two new violations (none serious) to report, including 1 unsecured load and 1 inadequate tires.

The carrier currently has a Vehicle Maintenance BASIC of 61.1, a Cargo-Related BASIC of 96.3 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 62 (optional).

Top Twenty Carriers (review period 10/01/2010 to 09/30/2011):

1. Michael E Secotte Jr – USDOT Number 1436495

RSR 264.72; Letter B; Brian/Russell - Unanimous
Michael E. Secotte, Jr., dba Secotte Transport, of Cushing, Maine is an interstate for-hire carrier of general freight, fresh produce, meat, and refrigerated food operating 1 power unit and 1 CDL driver.

During the review period the carrier had 31 violations (two serious) for a total of 95.30 points, including 1 falsifying log book, 1 operation with defective fuel system, 1 log not current, 2 defective steering, 1 speeding in a commercial motor vehicle greater than 14 mph over limit, 8 inadequate brakes, 4 inoperative lights, 1 inadequate defective equipment, 2 inadequate tires, 1 defective brake adjustment, 1 operating without medical certificate, 2 failure to display flags/flares, 2 inadequate fire extinguisher,  2 operating intrastate commercial without registration, and 2 failure to comply with IRP.  The carrier’s reported Maine mileage is 35,505 miles (IFTA CH) resulting in an RSR of 264.72.

There are two violations to report after the review period (neither serious), including 1 passenger not properly belted and 1 inadequate defective equipment.

The carrier has a current Fatigued Driving BASIC of 81.6 (Monitor Status), a Vehicle Maintenance BASIC of 91.4 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 87 (inspect).  This is the carrier’s first preliminary review.Justin D Leeman – USDOT Number 783709

2. Justin D Leeman - USDOT Number 783709

RSR 259.82; Letter B; David/Brian - Unanimous
Justin D. Leeman, dba J & M Landscaping, of Palermo, Maine is an intrastate private property carrier of logs, poles, beams, lumber, machinery and bio-mass chips operating 1 power unit and 1 CDL driver.

During the review period the carrier had 49 violations (none serious) for a total of 142.90 points, including 1 unsafe commercial motor vehicle, 1 operation with defective low air warning, 4 defective steering, 3 inadequate brakes, 3 unsecured load, 4 inoperative lights, 3 defective brake hose, 18 inadequate defective equipment, 4 inadequate tires, 2 defective brake adjustment, 1 operating over width, 2 expired inspection, 1 inadequate exhaust, 1 operating intrastate commercial without registration, and 1 failure to display name on truck/tractor.  The carrier’s reported Maine mileage is 55,000 miles (FUID) resulting in an RSR of 259.82.

There are no violations to report after the review period.

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

3. Barry Higgins Jr – USDOT Number 1208913

RSR 220.00; No Action; Brian/Patrick - Unanimous
Barry Higgins, Jr., dba Maple Lane Farms, of Charleston, Maine is an intrastate private property carrier of livestock, grain, feed, hay, and farm supplies operating 4 power units and 2 CDL drivers.

During the review period the carrier had 12 violations (one serious) for a total of 30.80 points, including 1 operation with defective fuel system, 1 inadequate brakes, 5 inoperative lights, 1 failure to display flags/flares, 2 inadequate fire extinguisher, 1 expired inspection, and 1 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 14,000 miles (FUID) resulting in an RSR of 220.00.

There are no violations to report after the review period.

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

The Board also reviewed a letter submitted by Barry Higgins, owner of Maple Lane Farms.

4. Michael D Salisbury – USDOT Number 747207

RSR 209.38; No Action; Patrick/Brian - Unanimous
Michael D. Salisbury, dba M D Salisbury Excavation & Trucking, of Canaan, Maine is an intrastate exempt for-hire carrier of farm supplies and construction equipment/materials, operating 3 power units and 2 CDL drivers.

During the review period the carrier had 32 violations (none serious) for a total of 100.50 points, including 2 operation with defective low air warning, 2 defective steering, 1 excess vehicle weight, 1 operating beyond road restrictions, 2 inadequate brakes, 6 defective brake hose, 5 inoperative lights, 7 inadequate defective equipment, 3 inadequate tires, 1 defective brake adjustment, and 2 inadequate suspension.  The carrier’s reported Maine mileage is 48,409 miles (FUID) resulting in an RSR of 209.38.

There are no violations to report after the review period.

The carrier has a current Vehicle Maintenance BASIC of 98.6 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 57 (optional).  This is the carrier’s first preliminary review.

5. Future Forests Inc – USDOT Number 788110

RSR 153.66; No Action; Brian/Bruce - Unanimous
Future Forests Inc, of Vassalboro, Maine is an intrastate private property carrier of logs, poles, beams, lumber, and machinery operating 3 power units and 2 CDL drivers.

During the review period the carrier had 22 violations (none serious) for a total of 63.00 points, including 1 defective steering, 1 inadequate brakes, 1 unsecured load, 5 inoperative lights, 6 defective brake hose, 2 inadequate defective equipment, 3 inadequate tires, 2 inadequate suspension, and 1 inadequate exhaust.  The carrier’s reported Maine mileage is 40,515 miles (FUID) resulting in an RSR of 153.66.

After the review period the carrier had 7 violations (none serious), including 1 inadequate brakes, 1 defective brake hose, 1 inadequate defective equipment, 2 inadequate tires, 1 inadequate suspension, and 1 failure to display name on truck/tractor.

The carrier has a current Vehicle Maintenance BASIC of 98.2 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 57 (optional).  This is the carrier’s first preliminary review.

6. K M Morin Logging Inc – USDOT Number 756454

RSR 144.46; Letter B; David/Brian - Unanimous
K M Morin Logging Inc, of Clinton, Maine is an intrastate exempt for-hire/private property carrier of logs, poles, beams, and lumber operating 3 power units and 4 CDL drivers.

During the review period the carrier had 66 violations (one serious) for a total of 187.80 points, including 1 operation with defective fuel system, 1 unsafe commercial motor vehicle, 1 speeding in a commercial motor vehicle greater than 14 mph over limit, 2 excess vehicle weight, 2 inadequate brakes, 3 unsecured load, 5 inoperative lights, 14 defective brake hose, 9 inadequate defective equipment, 5 inadequate tires, 5 defective brake adjustment, 17 inadequate suspension, and 1 expired inspection.  The carrier’s reported Maine mileage is 130,000 miles (FUID) resulting in an RSR of 144.46.

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

There are no violations to report after the review period.

The carrier has a current Vehicle Maintenance BASIC in Monitor Status, a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 58 (optional).  This is the carrier’s second preliminary review.  The first preliminary review was in November 2009 and resulted in a ‘No Action’ finding.

(Patrick Sirois left the meeting at this point leaving five Board members present)

7. Robert Gough – USDOT Number 338251

RSR 136.75; No Action; Brian/Bruce - Unanimous
Robert Gough, dba GTS Gough’s Trucking Service, of Mapleton, Maine is an intrastate exempt for-hire/private property carrier of logs, poles, beams, and lumber operating 2 power units and 2 CDL drivers.

During the review period the carrier had 21 violations (none serious) for a total of 54.70 points, including 1 operation with defective low air warning, 2 excess vehicle weight, 1 operating beyond road restrictions, 1 inadequate brakes, 1 unsecured load, 1 defective brake hose, 6 inoperative lights, 1 inadequate defective equipment, 1 failure to provide proof of commercial inspection, 1 inadequate fire extinguisher, 1 expired inspection, 1 operating intrastate commercial without registration, 1 failure to display fuel decal, 1 failure to display DOT/MC number, and 1 operating without ID device.  The carrier’s reported Maine mileage is 39,610 miles (FUID) resulting in an RSR of 136.75.

After the review period the carrier had 3 violations, including 2 inoperative lights and 1 operating without ID device.

The carrier has a current Vehicle Maintenance BASIC of 88.4 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 53 (optional).  This is the carrier’s first preliminary review.

8. John Craig – USDOT Number 1011393

RSR 93.85; Letter B; Brian/David - Unanimous
John Craig, dba J Craig Truckin, of Masardis, Maine is an interstate exempt for-hire carrier of logs, poles, beams, and lumber operating 1 power unit and 2 CDL drivers.

During the review period the carrier had 9 violations (none serious) for a total of 24.40 points, including 3 excess vehicle weight, 1 operating over posted weight, 1 operating without medical certificate, 1 failure to display flags/flares, 1 failure to provide proof of commercial inspection, 1 inadequate fire extinguisher, and 1 operating without ID device.  The carrier’s reported Maine mileage is 26,300 miles (IFTA CH) resulting in an RSR of 93.85.

There are no violations to report after the review period.

The carrier has a current Fatigued Driving BASIC in Monitor Status, a Driver Fitness BASIC in Monitor Status, a Controlled Substances and Alcohol BASIC in Monitor Status, a MCSIP Step of 55 (Federal OOS – Unfit Motor Carrier), and an ISS inspection selection value of 100 (inspect).  The carrier has a current PRISM and UCR suspension.  This is the carrier’s first preliminary review.

9. Rowland Robinson – USDOT Number 592268

RSR 89.27; No Action; Brian/David – 4 to 1 In Favor
Rowland Robinson, dba Rowland’s Wrecker Service, of Steuben, Maine is an interstate for-hire carrier of motor vehicles operating 9 power units and 5 CDL drivers.

During the review period the carrier had 13 violations (none serious) for a total of 36.60 points, including 2 inadequate brakes, 2 defective brake hose, 1 inoperative lights, 2 inadequate defective equipment, 4 inadequate tires, 1 defective brake adjustment, and 1 inadequate fire extinguisher.  The carrier’s reported Maine mileage is 41,151 miles (IFTA CH & FUID) resulting in an RSR of 89.27.

After the review period the carrier had 9 violations (none serious), including 1 defective steering, 1 inadequate brakes, 1 defective frame, 2 inoperative lights, 1 inadequate defective equipment, 1 inadequate suspension, 1 failure to provide proof of commercial inspection, and 1 inadequate fire extinguisher.

The carrier currently has a Fatigued Driving BASIC of 98.3 (Monitor Status), a Vehicle Maintenance BASIC of 96.9 (Monitor Status), a MCSIP Step of 7 (targeted), and an ISS inspection selection value of 96 (inspect).  This is the carrier’s first preliminary review.

10. Mark Hawkes Forestry & Construction LLC – USDOT Number 750215

RSR 84.26; Letter B; Brian/Bruce - Unanimous
Mark Hawkes Forestry & Construction LLC, of Phippsburg, Maine is an intrastate exempt for-hire/private property carrier of logs, poles, beams, lumber, and construction equipment operating 3 power units and 3 CDL drivers.

During the review period the carrier had 16 violations (none serious) for a total of 45.50 points, including 2 defective steering, 2 inadequate brakes, 6 inoperative lights, 1 inadequate tires, 2 defective brake adjustment, 2 expired inspection, and 1 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 53,604 miles (FUID) resulting in an RSR of 84.26.

After the review period the carrier had 7 violations (none serious), including 1 inoperative lights, 1 inadequate tires, 3 defective brake adjustment, and 2 expired inspection.

The carrier has a current Vehicle Maintenance BASIC of 97.1 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 56 (optional).  This is the carrier’s second preliminary review.  The first preliminary review in March 2010 resulted in a ‘No Action’ finding.

11. Jordan Tree Harvesters Inc – USDOT Number 599399

RSR 73.51; No Action; Bruce/Brian - Unanimous
Jordan Tree Harvesters Inc, of Cornish, Maine is an interstate for-hire/private property carrier of logs, poles, beams, lumber, and machinery operating 2 power units and 3 CDL drivers.

During the review period the carrier had 28 violations (two serious) for a total of 83.80 points, including 2 operation with defective fuel system, 1 unsafe commercial motor vehicle, 5 inadequate brakes, 5 inoperative lights, 3 inadequate defective equipment, 4 inadequate tires, 4 inadequate suspension, 1 failure to flag extended load, 1 failure to display flags/flares, 1 inadequate fire extinguisher, and 1 expired inspection.   The carrier’s reported Maine mileage is 113,890 miles (IFTA CH) resulting in an RSR of 73.51.

The carrier had two reported accidents during the review period.

After the review period the carrier had five violations (none serious), including 1 defective brake hose, 2 inoperative lights, 1 inadequate defective equipment, and 1 defective brake adjustment.

The carrier has a current Vehicle Maintenance BASIC of 89.9 (Monitor Status), a Crash Indicator BASIC of 87.9 (Monitor Status), a MCSIP Step of 22 (targeted), and an ISS inspection selection value of 95 (inspect).  This is the carrier’s first preliminary review.

12. Bryan R King Sr – USDOT Number 745577

RSR 62.25; No Action; Brian/David - Unanimous
Bryan R. King, Sr., dba King’s Trucking, of Burnham, Maine is an intrastate for-hire/private property carrier of logs, poles, beams, lumber, and construction equipment operating 6 power units and 3 (2 CDL) drivers.           

During the review period the carrier had 17 violations (none serious) for a total of 49.80 points, including 1 defective steering, 1 inadequate brakes, 3 unsecured load, 2 inoperative lights, 1 defective frame, 2 inadequate defective equipment, 5 inadequate tires, 1 inadequate suspension, and 1 failure to provide proof of commercial inspection.  The carrier’s reported Maine mileage is 79,980 miles (FUID) resulting in an RSR of 62.25.

There are no violations to report after the review period.

The carrier has a current Vehicle Maintenance BASIC of 93.0 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 55 (optional).  This is the carrier’s first preliminary review.

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

RSR 56.70; No Action; Brian/Bruce - Unanimous
William W. London & Son Inc, of Milo, Maine is an intrastate exempt for-hire/private property carrier of logs, poles, beams, lumber, and construction equipment operating 10 power units and 9 (0 CDL) drivers.

During the review period the carrier had 20 violations (none serious) for a total of 55.00 points, including 1 operation with defective low air warning, 1 excess vehicle weight, 2 inadequate brakes, 1 unsecured load, 4 inoperative lights, 3 inadequate defective equipment, 1 inadequate tires, 1 defective brake adjustment, 1 inadequate suspension, 2 failure to display flags/flares, 1 inadequate fire extinguisher, 1 expired inspection, and 1 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 97,200 miles (FUID) resulting in an RSR of 56.70.

There are no violations to report after the review period.

The carrier has a current Vehicle Maintenance BASIC of 81.9 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 51 (optional).  This is the carrier’s second preliminary review.  The first preliminary review held in March 2010 resulted in a ‘No Action’ finding.

14. Herrick Construction Inc – USDOT Number 788100

RSR 41.00; No Action; Brian/Bruce - Unanimous
Herrick Construction Inc, of Abbot, Maine is an intrastate exempt for-hire/ private property carrier of logs, poles, beams, lumber, and construction equipment operating 6 power units and 6 CDL drivers.

During the review period the carrier had 12 violations (none serious) for a total of 41.00 points, including 3 defective steering, 2 excess vehicle weight, 1 operating over posted weight, 1 defective brake hose, 2 inoperative lights, 1 inadequate defective equipment, 1 inadequate suspension, and 1 failure to provide proof of commercial inspection.  The carrier’s reported Maine mileage is 100,000 miles (FUID) resulting in an RSR of 41.00.

After the review period the carrier had five violations (none serious), including 1 excess vehicle weight, 1 unsecured load, 1 inadequate tires, and 2 failure to provide proof of commercial inspection.

The carrier has a current Vehicle Maintenance BASIC of 77.3, a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 48 (pass).  This is the carrier’s first preliminary review.

15. Len Poulin Inc – USDOT 773400

RSR 38.46; No Action; Bruce/Brian - Unanimous
Len Poulin Inc, of Benton, Maine is an intrastate exempt for-hire/private property  carrier of machinery and construction equipment operating 16 power units and 3 CDL drivers.

During the review period the carrier had 15 violations (one serious) for a total of 47.30 points, including 1 operation with defective fuel system, 3 defective steering, 1 defective brake hose, 3 inadequate defective equipment, 6 inadequate tires, and 1 inadequate exhaust.  The carrier’s reported Maine mileage is 123,197 miles (FUID) resulting in an RSR of 38.46.

After the review period the carrier had ten violations (none serious), including 1 excess vehicle weight, 5 inoperative lights, and 4 inadequate tires.

The carrier has a current Vehicle Maintenance BASIC of 93.8, a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 55 (optional).  This is the carrier’s second preliminary review.  The carrier was issued a warning letter in June 2007.

16. Tremblay & Levesque Inc – USDOT Number 755125

RSR 36.16; Letter B; David/Brian - Unanimous
Tremblay & Levesque Inc, of West Enfield, Maine is an intrastate exempt for-hire/private property carrier of logs, poles, beams, and lumber operating 7 power units and 7 CDL drivers.

During the review period the carrier had 51 violations (none serious) for a total of 148.60 points, including 3 defective steering, 1 speeding in a commercial motor vehicle greater than 14 mph over limit, 5 inadequate brakes, 11 defective brake hose, 13 inoperative lights, 4 inadequate defective equipment, 4 inadequate tires, 1 defective brake adjustment, 6 inadequate suspension, 1 speeding in a commercial motor vehicle 0-14 mph over limit, and 2 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 411,300 miles (FUID) resulting in an RSR of 36.16.

The carrier had two accidents during the review period.

After the review period the carrier had 23 violations (none serious), including 3 excess vehicle weight, 2 operating over posted weight, 3 inadequate brakes, 3 unsecured load, 2 defective brake hose, 2 inoperative lights, 4 inadequate tires, 1 inadequate defective equipment, 1 failure to provide evidence of insurance, and 2 expired inspection.

The carrier has a current Vehicle Maintenance BASIC of 88.8 (Monitor Status), a Crash Indicator BASIC of 61.9, a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 61 (optional).  This is the carrier’s second preliminary review.  The carrier was issued a warning letter in June 2010.

17. Jean Castonguay – USDOT Number 744933

RSR 34.12; No Action; Brian/Bruce - Unanimous
Jean Castonguay, of Livermore Falls, Maine is an intrastate private property carrier of logs, poles, beams, lumber, machinery, grain, feed, and hay operating 5 power units and 4 CDL drivers.

During the review period the carrier had 21 violations (none serious) for a total of 63.80 points, including 3 defective steering, 4 defective brake hose, 13 inoperative lights, and 1 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 187,460 miles (FUID) resulting in an RSR of 34.12.

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

After the review period the carrier had five violations (none serious), including 1 defective steering, 2 defective brake hose, and 2 inoperative lights.

The carrier is currently not rated in the Safety Measurement System and has a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 49 (pass).  This is the carrier’s first preliminary review.

18. ABET/CPM Constructors – USDOT Number 671143

RSR 28.23; No Action; Russell/Brian - Unanimous
ABET, dba CPM Constructors, of Freeport, Maine is an interstate private property carrier of machinery operating 6 power units and 9 (6 CDL) drivers.

During the review period the carrier had 11 violations (one serious) for a total of 31.90 points, including 1 operation with defective fuel system, 1 inadequate brakes, 1 defective brake hose, 1 inoperative lights, 2 inadequate defective equipment, 1 inadequate tires, 1 defective brake adjustment, 1 inadequate suspension, 1 speeding in a commercial motor vehicle 0-14 mph over limit, and 1 operating beyond overlimit permit.  The carrier’s reported Maine mileage is 112,987 miles (IFTA CH & FUID) resulting in an RSR of 28.23.

After the review period the carrier had 17 violations (none serious), including 2 excess vehicle weight, 1 inadequate brakes, 1 inoperative breakaway device, 4 defective brake hose, 6 inoperative lights, 1 inadequate defective equipment, 1 inadequate tires, and 1 failure to provide proof of commercial inspection.

The carrier has a current Vehicle Maintenance BASIC of 95.8 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 56 (optional).  This is the carrier’s second preliminary review.  The carrier was issued a warning letter in June 2001.

The Board also reviewed a letter submitted by Timothy Ouellette, Treasurer of CPM Constructors on behalf of the carrier.

19. Maine Modular Haulers LLC – USDOT Number 1072249

RSR 21.06; Letter B; David/Brian - Unanimous
Maine Modular Haulers LLC, of South Paris, Maine is an interstate for-hire carrier of modular homes operating 2 power units and 2 CDL drivers.

During the review period the carrier had 9 violations (none serious) for a total of 23.80 points, including 1 inadequate brakes, 2 inoperative breakaway device, 2 unsecured load, 1 inadequate defective equipment, 1 failure to display flags/flares, 1 expired inspection, and 1 failure to comply with IRP.  The carrier’s reported Maine mileage is 112,508 miles (IFTA CH) resulting in an RSR of 21.06.

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

After the review period the carrier had 2 violations (none serious), both for an unsecured load.

The carrier had one accident resulting in injury after the review period as a result of an unsecured load.

The carrier has a current Crash Indicator BASIC of 96.9 (Monitor Status), a MCSIP Step of 0 (not targeted) and an ISS inspection selection value of 68 (optional).  This is the carrier’s first preliminary review.

20. Douglas K Gould – USDOT Number 908514

RSR 19.41; No Action; Brian/Bruce - Unanimous
Douglas K. Gould, dba Statewide Trucking, of Freedom, Maine is an interstate private property carrier of construction equipment operating 4 power units and 4 CDL drivers.

During the review period the carrier had 8 violations (none serious) for a total of 26.20 points, including 2 defective steering, 2 defective break hose, 3 inoperative lights, and 1 inadequate tires.  The carrier’s reported Maine mileage is 135,144 miles (IFTA CH & FUID) resulting in an RSR of 19.41.

After the review period the carrier had 9 violations (none serious), including 1 inadequate brakes, 1 defective brake hose, 2 inoperative lights, 1 inadequate  defective equipment, 2 inadequate tires, and 2 inadequate suspension.

The carrier has a current Vehicle Maintenance BASIC of 93.7 (Monitor Status), a MCSIP Step of 0 (not targeted) and an ISS inspection selection value of 55 (optional).  This is the carrier’s first preliminary review.

Mr. Gould was in attendance and the Board permitted him to make a brief statement before the Board rendered a decision.

 

Old Business:

MCRB 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.

Jonathan Coburn (USDOT 771815) – still under MCRB suspension until such time as the carrier appears before the Board.

Brett E. Davis (USDOT 772155) – still under MCRB suspension until such time as the carrier appears before the Board.

Jeffrey R. Richards (USDOT 2032352) – still under MCRB suspension until such time as the carrier appears before the Board.

Review and Discuss Proposed Changes to MCRB rule chapters:

A motion was made to accept the current rule drafts and proceed to rulemaking.

New Business:

None

Next Meeting Date:

The next meeting is Tuesday, June 19, 2012 at 8:00 a.m.
Bureau of Motor Vehicles - Executive Conference Room



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