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MOTOR CARRIER REVIEW BOARD
May 2, 2003

Board Members Present:

Chairman Mark Hutchins, George Parke, Ron Hutchins, Bruce Gray, Dale Hanington, Alan Quinlan


STAFF PRESENT

BMV Motor Carrier Services:  Garry Hinkley, Francis Fox, Dolores Hayes, Cindy Masiero

Attorney General Office:   Bill Laubenstein


The meeting was called to order at 9:04 a.m. Garry introduced the new staff members. Francis Fox has replaced Maurice Dionne as Assistant Section Chief. Cindy Masiero was introduced as filling in for Tammy Lyons who is out on maternity leave. Dolores Hayes is Garry's secretary.


Announcements:

Garry announced that Tammy had her baby on April 21, 2003, 6 lbs. 9 oz. He also announced that Domna had been promoted to Chief Deputy Secretary of State and then three weeks later accepted the position of Deputy Commissioner for the Department of Administrative and Financial Services. Chip Gavin is expected to represent the Secretary of State at subsequent meetings.

Garry reported that Maurice is back from his training in Washington and is currently working for the Federal Motor Carrier Safety Administration.

Garry further announced that Steve Izer is recovering from surgery and was, therefore, unable to attend today's meeting.

A motion was made by Dale and seconded by George to approve the minutes of the December 12, 2002, meeting. The vote to approve was unanimous.


Correspondence:

Garry said that the correspondence received had been incorporated into the reports. He did speak to a number of carriers and the Board was advised they would see some letters interspersed throughout the reports. The letters would be reviewed as they came up.


Reviews:

New England Metal Recycling LLC, Dover, New Hampshire, was represented by Joseph Nicolella, Jr., Commercial Manager. This company is in the metal recycling business, operating approximately 4 trucks of their own, and using contract carriers; typically independent owner operators operating under their own credentials. The contract carriers typically pull New England Metal Recycling trailers. There has been an on-going issue regarding whether New England Metal Recycling functions as a motor carrier or not. It is possible that violations, which have been attributed to New England Metal Recycling, should have been attributed to company-employed individual carriers.

The company has a satisfactory federal safety rating. They are currently rated as a Category F. Safetynet reports 20 inspections resulting in 62 violations; 27 of which were out of service violations. For the review period the company has 15 Maine violations, mostly for vehicle defects. Total points were 39.4, reported Maine mileage was 103,479 taken from NH IFTA reports. The company's RSR is 38.1.

The company has had 1 violation after the review period (see revised insert). This is a 6-month follow-up review.

The carrier has had 2 previous reviews and has been issued one warning.

Mr. Nicollela presented a PowerPoint program, which explained that the company has undergone major changes in administrative personnel. The new focus is on safety and being a good neighbor. NEMR has reduced the number of company-employed drivers from 17 to 2 and company-owned power units from 12 to 2. Old trailers are being destroyed and new ones purchased. They require owner-operators to complete carrier profiles and carry DOT and ICC credentials as well as liability insurance with a minimum of $1 million.

After several questions, Dale made a motion of no action seconded by Bruce. The motion passed unanimously.

D.L. Logging Express, Tracadie-Sheila, NB, was represented by Daniel Loisier. The carrier is in the steel hauling and general freight business. The company operates approximately 4 trucks in interstate operation. The carrier is rated as a Category E carrier on SafeStat and has a driver SEA of 95 and vehicle SEA of 50. However, the carrier is not ranked. The carrier has had 5 inspections resulting in 12 violations, 4 of which were out-of-service violations. This includes 2 driver out-of-service violations, which occurred January 31, 2003, in Maine.

During the review period the carrier had 11 violations: 2 for aggravated gross weight; 1 for operation over the 70/60 hour rule; 2 for excess weight; 1 for defective steering; and 5 credentials violations. The carrier's total points were 39.4. Reported Maine mileage was 60,896 miles obtained from New Brunswick IFTA reports resulting in an RSR of 64.6. This review is a continuation from June and December. D.L. Logging did attend the December meeting, but had not provided the supplemental information requested. That information has been received and reviewed.

Mr. Loisier indicated that the company has reduced company drivers to 3. Sonya, a driver who received the latest logbook violation, was suspended from the company for 15 days. Canada has different hours rules from the U.S. which may result in the hours-of-service violations. A brief check of the carrier's operating authority revealed that he had no SSRS. Cindy provided him with an SSRS application and a brief explanation of the program.

A motion made by Bruce for no action, seconded by George, was passed unanimously.

Michael Onerato d/b/a Like Enterprises, Kenduskeag, Maine, is an over-the-road carrier operating up to 2 trucks hauling general freight. Attempts to reach this carrier were unsuccessful. This carrier does not have a federal safety rating. The carrier has had 3 Safetynet inspections resulting in 7 violations, 4 of which were out-of-service violations. Carrier has a federal driver safety evaluation area score of 99.68 and a vehicle safety evaluation area score of 43.2 and is rated a Category E carrier. The carrier's last reported Safetynet violation occurred in Wisconsin on December 13, 2002, and that violation was driver failing to retain previous 7 days logs.

For the review period the carrier had 5 violations: 3 for logbook not current; 1 for operating without operating authority license; and 1 for an expired inspection. Carrier's total points were 16.6. The carrier reported Maine mileage of 24, 135 which was unverified resulting in an RSR of 68.8. This is a follow-up review. This carrier has reported that he is no longer in the trucking business.

This carrier was reviewed in June of 2002 and again in December of 2002. Dale made a motion to suspend this carrier for 30 days based on the carrier's record for logbook and drug-related violations, seconded by Bruce. George had some concerns about what would happen following the 30 days. It was explained that a reinstatement fee would need to be paid before the suspension could be lifted. The motion passed unanimously.

Weldon Willette d/b/a Cierra Express, New Limerick, Maine, is a private interstate carrier of general freight, logs, lumber and produce. The carrier operates approximately 4 vehicles. The carrier is a Category F carrier in SafeStat with a driver SEA of 74 and a vehicle SEA of 98. The carrier is not ranked. The carrier has had 8 Safety Net inspections resulting in 40 violations, 12 of which were out-of-service violations.

For the review period the carrier had at least 12 Maine violations: 3 for excessive weight; 4 for various vehicle defects; 1 unsecured load; 1 operating over width; and 3 for various credentials violations. The carrier failed to return his supplement, therefore, we do not have driver information. According to SafetyNet, Willette has employed as many as 4 drivers. There are some Maine driver violations on SafetyNet for which we do not have any information. The carrier has reported that he is out of business. He has closed his Maine IFTA account and has no active truck registrations at this time.

The carrier was reviewed in December of 2001 with an RSR of 19 at the time. The current RSR is 321. Dale made a motion of no action, which was seconded by Bruce. The motion passed unanimously.

Whitney Trucking, Inc. of Northfield, MA, was represented by Daniel Whitney. Whitney Trucking is in the bulk commodities business operating approximately 19 trucks. The carrier has a satisfactory federal safety rating. Their Safetynet report indicates 7 inspections resulting in 9 violations, 3 of which were out-of-service violations.

For the review period the carrier had a total of 13 Maine violations: 4 for falsifying logbooks; 1 for causing operation without duty status logs; 7 for excess vehicle weights; 1 for failure to display name or DOT number. The carrier had a total 65.3 points. The carrier reported 160,967 Maine miles on the IFTA tax return resulting in a relative severity rating of 40.6. This is the first time this carrier has appeared for review. Mr. Whitney indicated that he had made a written response to the Board and has improved compliance for logbooks by hiring a person to oversee this function and installing a log check computer program. The overweight violations mostly came from paper sludge, that varies, by moisture content. They have installed a belt scale to eliminate overweight problems. The company has also produced a written driver's manual. Drivers found falsifying logs receive a verbal warning and a one-day suspension from the company.

Dale made a motion for no action, which George seconded. The motion was unanimously passed.


Rulemaking

Garry Hinkley and Bill Laubenstein reported on the new proposed rules for the Motor Carrier Review Board. Chapter 1 describes the Board, and establishes Board procedures. Chapter 2 deals with the selection process, and Chapter 3 is concerned with the review process. Bill explained that the proposed rules were more formal and specific. Oral testimony is part of the record but written material must also be entered into the record in order to cover due process. A suggestion was made to require the company to inform the Board who would be representing the carrier at reviews. Dale seconded a motion made by George to endorse the proposed rules subject to review by the members. The motion passed unanimously.


Old Business:

Gerald McAvoy d/b/a Golden Ridge Farms of Benedicta, Maine, has filed a safety plan. The Board members had Garry's comments on the safety plan but it was the members' responsibility to approve or disapprove the filed plan. The logbook samples submitted with the plan indicated that the carrier did not understand the hours of service rules and how to properly complete logbooks. George made a motion to send a letter rejecting the safety plan as filed. The carrier should refile the logbook portion and demonstrate that he has been trained to understand motor carrier laws and logbooks. Dale seconded the motion, which was passed unanimously.

American Product Exports of Branford, CT, did not submit the required safety plan. This company has Oklahoma credentials. The carrier is ranked A with SafetyNet, ranked number 1 worst in CT, and 24th worst overall in the country. Their ISS score is 100 and a SafeStat score of 507. The carrier continues to operate and received Maine violations in April 2003. The Board voted to place the carrier on the top 20 list for this meeting. The carrier has been uncooperative and has not supplied a list of drivers so the records may not be complete. The carrier has 7 violations: 1 for falsified log; 2 for overwidth; 2 for no operating authority; 1 for expired inspection. Mileage was obtained from Oklahoma IFTA reports. Violations after the review period: 1 for excessive weight; some in April for various vehicle defects. This company was last reviewed on June 4, 2002. Dale felt that the Board should act on this carrier as soon as possible. He recommended a letter A be sent to the carrier. George recommended that the motion be amended to show that the safety plan has not been filed and that a full, formal review will be done at the next meeting. George seconded the amended motion. Alan wanted to further amend the motion to say that the carrier would be suspended if the plan is not received in 30 days.

Dale suggested delaying acceptance of the new rules for several months in order to include the possibility of suspension for carriers who do not submit requested material. George had a concern about an "automatic" suspension. He felt any submitted safety plan would have to be reviewed to determine adequacy. Dale replied that the suspension would only be imposed for failure to file any safety plan. It was determined that a suspension recommendation would not be appropriate at this time. The amended motion was passed unanimously.

Scott Ferland d/b/a Almighty Waste and Ace Professional Towing of Auburn, Maine, was required to submit a safety plan. The initial plan submitted had some deficiencies in it. Specifically, we needed further information on: Driver hiring practices; driver training; vehicle maintenance; proper loading. The Ferlands have provided the information and staff has accepted Almighty Waste's safety plan. No further action is required of the Board. The company is in the top 20 list for this meeting.

Clyde Warman d/b/a Warman Trucking of Houlton, Maine, was carried over to this meeting. Clyde Warman was required to submit a safety plan. He has done so although the initial plan did not have any information on being in a drug-testing program. Nor did it have any information on safety meetings. He has since submitted a copy of an application to join a drug testing pool. Also he has provided a copy of a safety meeting.

The carrier has reported that he is out of the interstate trucking business but is operating intrastate dump trucks. Their DOT number has been converted to an intrastate DOT number.

Dale moved to accept the information submitted, George seconded and the motion was passed unanimously.

Atlantic Worldwide Moving and Storage of Scarborough, Maine, was required to submit a copy of their federal safety audit, which they have done. It should be noted they have received an upgraded rating to "satisfactory", however, the carrier has had some out-of-service violations as late as January. At the last meeting the Board voted to place Atlantic Worldwide Moving and Storage on the next top 20 list.

Landry Wood Enterprises, Patten, ME, was a B carrier from the September 24th meeting. The carrier failed to return their supplement. The Board decided in December that if a supplement was not returned the carrier would be placed on the top 20 list.

R. G. Dow Construction, Houlton, ME, was also a B carrier from the December 12th meeting. They were instructed to return a supplement. They have not done so. They have also not returned phone calls. Dale made a motion for an A letter, Alan seconded and the motion passed unanimously.


Top Twenty:

Caron's Lawn and Property Maintenance, Inc., Mars Hill, Maine, has 9 violations; 1 for excess vehicle weight; 1 for inadequate brakes; 3 for inoperative lights; 1 for inadequate tires; 1 inadequate exhaust; 2 operating intra without commercial registration. The carrier has 22.3 points, 4,472 miles, which gives them an RSR of 557.50. Mileage was obtained from the Maine fuel tax application. George recused himself because of an indirect connection to the carrier. After some discussion Ron made a motion to send a warning letter which Dale seconded. The motion was passed with one abstention.

Legal Logging Ltd., Juniper, New Brunswick, has 6 violations: 1 for unsafe motor vehicle; 2 for excess vehicle weight; 2 for failure to comply with the IRP; 1 for failure to obtain or display fuel decal. The carrier has 15.6 points with 2,819 miles which gives an RSR of 553.39. They were reviewed once before with an RSR of 794.3 last December. A motion for a warning letter was passed unanimously.

Goodwin Trucking, Inc., Franklin, Maine, has 5 violations: 1 for aggravated gross weight; 2 for excess vehicle weight; 1 for over length; 1 for failure to display fuel decal. The carrier has 17.7 points with mileage of 25,936 for an RSR of 68.24. This is the carrier's first review. George recused himself from this vote as well because of a possible past connection. Dale recommended a warning letter, seconded by Bruce, passed with 1 abstention.

Michaelsen Truck Line, Inc., Mason City, Iowa, has 5 violations: 2 for no lights on trailer; 3 overlength. The carrier has 11.9 points with mileage of 26,561 miles for an RSR of 45.76. Michaelsen had sent a letter advising that they were out of business. Dale motioned for no action that was passed unanimously.

Marcel W. Dubois, Arundel, Maine, has 6 violations: 2 for aggravated gross weight; 1 for unsafe motor vehicle; 2 for inadequate suspension; 1 for inadequate exhaust. The carrier has 24.5 points with 124,224 miles for an RSR of 19.72. This is the carrier's first review. Bruce made a motion for a warning letter, seconded by George. It was passed unanimously.

Landry Wood Enterprises, Inc., Patten, Maine has 7 violations: 2 for aggravated gross weight; 1 for excess vehicle weight; 1 for operating over width; 3 for expired inspection. The carrier has 24.30 points with 126,771 miles for an RSR of 19.17. The carrier was last reviewed in September with an RSR of 20.9. A warning letter was sent but the supplemental was never returned. A motion was unanimously passed to conduct a full review.

G & K Trucking, Inc., Shrewsbury, Massachusetts, has 6 violations: 1 for falsifying logbook; 2 for inadequate brakes; 1 for inadequate suspension; 2 for expired inspection. The carrier has 20.1 points, with 107,419 miles for an RSR of 18.78. This carrier was last reviewed in September with an RSR of 5.8. There was also an accident associated with this carrier on 5/31. The carrier has had a total of 3 accidents in 30 months. The carrier has approximately 15 trucks. Bruce made a motion to conduct a full review, seconded by Alan. The motion passed unanimously.

Scott Ferland d/b/a Ace Professional Towing and Almighty Waste, Auburn, Maine, has 25 violations: 1 for operation by an unqualified driver; 1 for inadequate placarding; 2 for unsafe motor vehicle; 3 for excess vehicle weight; 3 for inadequate brakes; 4 for inadequate tires; 1 for inadequate suspension; 1 for operating over width; 2 for operating without operating authority; 4 for expired inspection; 2 for operating without registration; 1 for failure to display a fuel decal. The carrier has 70.7 points with a mileage of 398,346 for an RSR of 17.76. This carrier was last reviewed in June 2002 with an RSR of 68.4. The required safety plan with submitted and accepted. After some discussion about an accident from last year, George recommended a full review, seconded by Bruce. The motion passed unanimously.

China Neck Farm, Inc., China, Maine, has 5 violations: 1 for defective brake adjustments; 1 for inadequate tires; 1 for over length; 1 for operating without authority license; 1 for expired inspection. The carrier was last reviewed in August of 1999 with an RSR of 20. The carrier has 10.3 points with 70,231, for an RSR of 14.67. This carrier has been PRISM suspended, however they company is apparently still doing some interstate business with farm plates. Dale recommended a warning letter, seconded by George. The motion passed unanimously.

Atlantic Worldwide Moving & Storage, Scarborough, Maine, has 4 violations: 1 for causing operation without 7 days previous logs; 2 for operating without authority license; 1 for reproduction of vehicle license. The carrier has 8.3 points, mileage of 20,601 for an RSR of 41.5. This is a follow-up submission. They currently have a satisfactory safety rating. The carrier's federal record is worse than their Maine record. Dale made a motion of no action, seconded by Bruce, that was passed unanimously.


New Business:

Dale asked about the reappointments. Garry reported that the letter concerning Alan and George has gone to the Governor's office but no response has yet been received. Garry is following up.


The next meeting will be held August 26, 2003. The meeting adjourned at 12:38 am.


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