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Motor Carrier Review Board
May 21, 2013

Board Members Present:

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


BMV Staff Present:

Garry Hinkley; Francis Fox; April Goodwin; Kristina Morin; Patrick Malloy

 


Maine Attorney General's Office:

William Laubenstein, Assistant Attorney General

 


Guests:

Alan Vitcavage, State Programs Manager USDOT/FMCSA; Lt. Shawn Currie, Maine State Police Commercial Enforcement Unit; Daniel Russell, Maine State Police Commercial Enforcement Unit - Motor Carrier Inspector; James Wright, Maine State Police Commercial Enforcement Unit - Motor Carrier Inspector; John Pickett, Maine State Police Commercial Enforcement Unit - Motor Carrier Inspector.


The Motor Carrier Review Board met on May 21, 2013.  The meeting was called to order at 8:06 AM. Mark Hutchins read the opening statement. Minutes of the December 7, 2012 Board meeting were approved. Brian/Russell – Unanimous

Announcements:

  • Francis introduced new Board staff members, April Goodwin and Kristina Morin.
  • Garry announced that Deputy Secretary of State, Patty Morneault is the new Bureau Director.

Correspondence:

There were three pieces of correspondence for the Board to review:

  • A safety plan for Gateway Inn/McLaughlin’s Timber Trucking Inc submitted by Ellen McLaughlin on March 1, 2013.
  • A letter submitted by Ronald Bubar on March 6, 2013.
  • Information submitted by Travis Hayden on March 13, 2013 regarding his company’s vehicle maintenance and driver hiring practices.

The Board took the correspondence under consideration during the review of the respective carriers.

Review of “A” Carriers:

Gateway Inn – USDOT Number 784469
RSR 113.79; Recommendation to the Secretary of State that Gateway Inn’s and McLaughlin’s Timber Trucking Inc’s privilege to operate commercial motor vehicles in the State of Maine be suspended indefinitely with reinstatement conditional upon the carrier appearing before the Board to present a safety plan; Brian/Patrick – 4 In Favor, 2 Opposed

2nd Motion – the Board files a formal complaint with Maine State Police and FMCSA to investigate the connection, if any, between Gateway Inn/McLaughlin’s Timber Trucking Inc and Greenbush LLC and then provide a report of their findings to the Board at the next meeting; Brian/Russell - Unanimous

Gateway Inn, of Medway, Maine is an inactive interstate private property carrier of biomass operating 7 power units and 7 (3 CDL) drivers.

During the review period (April 1, 2010 to March 31, 2011) the carrier had 29 violations (three serious) for a total of 99.00 points, including 1 speeding 15 or more miles per hour over limit, 1 tire-other tread depth less than 2/32 of inch, 1 speeding 11-14 miles per hour over the speed limit, 1 inoperative tail lamp, 1 excess vehicle weight, 3 insufficient brake linings, 1 clamp/roto-chamber type brake(s) out of adjustment, 1 wedge type brake(s) out of adjustment, 1 inoperative/defective brakes, 1 brake-reserve system pressure loss, 1 operating a commercial motor vehicle without periodic inspection, 1 operating over height, 1 improper battery installation, 1 fifth wheel, 1 failure to provide evidence of insurance, 1 operating beyond over limit permit, 1 inoperative required lamps, 1 frame cracked/loose/sagging/broken, 4 inspection/repair and maintenance parts and accessories, 2 expired inspection, 1 operating intrastate commercial without registration, 1 failure to display fuel decal, and 1 windshield wipers inoperative/defective.  The carrier’s reported Maine mileage is 87,341 miles (FUID) resulting in an RSR of 113.79.

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

After the review period the carrier had 13 violations (none serious), including 1 inoperative head lamps, 1 steering system components worn/welded/missing, 1 failing to secure brake hose/tubing against mechanical damage, 1 inoperative/defective brakes, 1 failure to correct defects noted on inspection report, 1 operating over posted weight, 1 loose/unfastened tiedown, 1 inspection/repair and maintenance parts and accessories, 1 failing to secure vehicle equipment, 2 failing to meet minimum tiedown requirements, 1 operating intrastate commercial without registration, and 1 failure to display fuel decal.

The carrier is not rated in the Safety Measurement System due to the inactive USDOT Number.  The carrier has a MCSIP Step of 0 (not targeted) and an ISS inspection selection value of 50 (optional).

McLaughlin’s Timber Trucking Inc – USDOT Number 676054

McLaughlin’s Timber Trucking Inc, a related company due to common ownership, had 26 violations ( two serious) since July 23, 2012, including 1 tire-ply or belt material exposed, 1 axle positioning parts defective/missing, 1 inoperative turn signal, 1 operating over posted weight, 2 excess vehicle weight, 1 brake tubing and hose adequacy, 3 failing to secure brake hose/tubing against mechanical damage, 1 inadequate brakes for safe stopping, 2 clamp/roto-chamber type brake(s) out of adjustment, 2 inoperative/defective brakes, 1 no or defective brake warning device, 1 automatic brake adjuster – air brake, 1 defective/improper fifth wheel assemblies, 1 unsafe operations forbidden, 5 inspection/repair and maintenance parts and accessories, 1 failure to display fuel decal, and 1 damaged securement system/tiedowns.

McLaughlin’s Timber Trucking Inc has a current Vehicle Maintenance BASIC of 95.4 (Alert Status), a MCSIP Step of 0 (not targeted) and an ISS inspection selection value of 68 (optional).

Greenbush LLC, another related company due to common ownership or control, is operating vehicles leased from Gateway Inn and McLaughlin’s Timber Trucking Inc under USDOT Number 2363958.  There are no violations to report for this carrier.

This is a continuation of the full hearing held on March 6, 2012 and continued to the June 19, September 21, and December 7, 2012 meetings.  At the conclusion of the December 7, 2012 meeting, the Board voted to continue the hearing at its March 19, 2013 meeting and asked the carrier to submit a formal safety plan to the Board at least two weeks prior to the meeting.  Notice of the continued hearing and the Board’s decision was sent to the carrier via FedEx on December 11, 2012.  Receipt was acknowledged on December 12, 2012.  The carrier’s safety plan was submitted to the Board on March 1, 2013.  Due to inclement weather the March 19, 2013 meeting was rescheduled to May 21, 2013.  Notice of the rescheduled hearing was sent to the carrier via FedEx on March 20, 2013.  The notice was delivered and receipt was acknowledged on March 22, 2013.

Documents for the record:

  1. Motor Carrier Review Board Summary
  2. MCMIS Safety Profile (Gateway Inn and McLaughlin’s Timber Trucking Inc)
  3. Safety Measurement System History (McLaughlin’s Timber Trucking Inc)
  4. Query Central Snapshot (Gateway Inn and McLaughlin’s Timber Trucking Inc)
  5. Formal Safety Plan submitted by the Carrier

Ellen McLaughlin appeared before the Board on behalf of the carrier.  She testified that Gateway Inn and McLaughlin’s Timber Trucking Inc are no longer operating trucks or drivers.  She stated that she was not aware of any relationship between Greenbush LLC and Gateway Inn/McLaughlin’s Timber Trucking Inc other than a vehicle lessor-lessee relationship and that the leased Greenbush trucks are being operated with McLaughlin’s Timber Trucking fuel license and decals.  When asked by a Board member if Gateway Inn or McLaughlin’s Timber Trucking Inc ever intended to go back in business she said ‘No’.

Travis S Hayden – USDOT Number 1791065
RSR 57.59; No Further Action; Brian/Bruce - Unanimous

Travis S Hayden, dba Phoenix Trucking, of Wellington, Maine is an intrastate for-hire carrier of logs, poles, beams, and lumber operating 9 power units and 6 CDL drivers.

During the review period (April 1, 2011 to March 31, 2012) the carrier had 107 violations (12 serious) for a total of 459.00 points, including 2 tire-ply or belt material exposed, 8 tire-other tread depth less than 2/32 of inch, 2 air suspension pressure loss, 3 inoperative head lamps, 3 inoperative tail lamp, 7 inoperative turn signal, 3 stop lamp violations, 6 steering system components worn/welded/missing, 4 excess vehicle weight, 8 operating over posted weight, 15 failing to secure brake hose/tubing against mechanical damage, 1 insufficient brake linings, 4 clamp/roto-chamber type brake(s) out of adjustment, 4 inoperative/defective brakes, 1 no or defective brake warning device, 5 automatic brake adjuster - air brake, 4 operating a commercial motor vehicle without periodic inspection, 1 loose/unfastened tiedown, 2 oil and/or grease leak, 4 inoperative required lamps, 1 no/discharged/unsecured fire extinguisher,  2 frame cracked/loose/sagging/broken, 9 inspection/repair and maintenance parts and accessories, 3 operating intrastate commercial without registration, 3 damaged or discolored windshield, 1 fuel system requirements, and 1 failing to meet minimum tiedown requirements.  The carrier’s reported Maine mileage is 796,890 miles (FUID) resulting in an RSR of 57.59.

After the review period the carrier had 128 violations (22 serious), including  1 using hand-held mobile phone while operating a CMV, 2 flat tire or fabric exposed, 13 tire-other tread depth less than 2/32 of inch, 1 short, length - improper securement, 3 axle positioning parts defective/missing, 1 failing to use seat belt while operating a commercial motor vehicle, 1 speeding 11-14 miles per hour over the speed limit, 3 inoperative head lamps, 5 inoperative tail lamp, 4 inoperative turn signal, 1 stop lamp violations, 1 steering system components worn/welded/missing, 1 power steering violations, 1 improper passing, 1 operating over posted weight, 1 excess vehicle weight, 10 failing to secure brake hose/tubing against mechanical damage, 4 clamp/roto-chamber type brake(s) out of adjustment, 2 inoperative/defective brakes, 1 automatic brake adjuster – air brake, 1 no or defective brake warning device, 2 brake-reserve system pressure loss,  3 failure to correct defects noted on previous inspection report, 11 operating commercial motor vehicle without periodic inspection, 1 operating over length, 1 fifth wheel, 1 horn inoperative, 1 loose/unfastened tiedown, 3 oil and/or grease leak, 1 improper battery installation, 3 inoperative required lamps, 1 frame cracked/loose/sagging/broken, 3 no/discharged/unsecured fire extinguisher, 10 inspection/repair and maintenance parts and accessories, 1 cab/body parts requirements violations, 1 cab/body improperly secured to frame, 1 hood not securely fastened, 1 cab front bumper missing/unsecured/protruding, 1 wheel/rim cracked or broken, 1 fuel system requirements, 1 exhaust leak, 2 damaged securement system/tiedowns, 1 failing to secure cargo, 1 failing to meet minimum tiedown requirements, 9 operating intrastate commercial without registration, 4 expired inspection, 1 failure to display fuel decal, 1 damaged or discolored windshield, 1 operating with suspended registration, and 2 carrier name/USDOT number not displayed.

After the review period the carrier had three towaway accidents over a six month period, one of which included a fatality and another included multiple injuries.

The carrier has a current Vehicle Maintenance BASIC of 99.1 (Alert Status), a Crash Indicator BASIC of 75.9 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 87 (inspect).  The carrier’s Vehicle Maintenance BASIC has been 94 or above and in Alert Status since November 19, 2010.

This is a continuation of the full hearing held on December 7, 2012.  At the conclusion of the December 7, 2012 meeting, the Board voted to continue the hearing at its March 19, 2013 meeting and asked the carrier to submit a formal safety plan to the Board at least two weeks prior to the meeting.  Notice of the continued hearing and the Board’s decision was sent to the carrier via FedEx on December 11, 2012.  Receipt was acknowledged on December 13, 2012.  On March 13, 2013 Mr. Hayden submitted some information on vehicle maintenance and hiring drivers for the Board’s review.  Due to inclement weather the March 19, 2013 meeting was rescheduled to May 21, 2013.  Notice of the rescheduled hearing was sent to the carrier via FedEx on March 20, 2013.  The notice was delivered and receipt was acknowledged on March 22, 2013.

Documents for the record:

  1. Motor Carrier Review Board Summary
  2. MCMIS Safety Profile
  3. Safety Measurement System History
  4. Query Central Snapshot
  5. Information submitted by Mr. Hayden in response to the Board’s request for a formal safety plan

Travis Hayden appeared before the Board to present testimony regarding the three recent accidents and the procedures he is putting in place to address maintenance issues.  Mr. Hayden stated that he fired the driver involved in two of the accidents and the third accident was not the fault of his driver – a vehicle came out of a driveway in front of his vehicle and there was nothing the driver could do to avoid the collision.  He also stated that John Pickett, a MSP motor carrier inspector, had been working with him recently to set up drug testing for his drivers and implement a maintenance log program where each driver is now required to keep a maintenance log in their truck.  The logs are designed to record driver identified equipment issues and the immediate or periodic maintenance performed on each vehicle.  Mr. Hayden’s drivers have been instructed that upon discovery of a maintenance issue during a vehicle pre-trip inspection, they should either make the repair if they can, or drive the truck back to the garage for Mr. Hayden to make the repair.  Mr. Hayden does all the maintenance work.

Haskell & Sons Trucking LLC – USDOT Number 9203
RSR 48.96; Continuance until the September 26, 2013 Board meeting; Brian/David - Unanimous

Haskell & Sons Trucking LLC, of Palermo, Maine is currently an intrastate for-hire (interstate to intrastate 2/20/2013) carrier of logs, poles, beams, and lumber operating 5 power units and 2 CDL drivers.

During the review period (April 1, 2011 to March 31, 2012) the carrier had 35 violations (three serious) for a total of 118.00 points, including 1 tire-ply or belt material exposed, 2 tire-other tread depth less than 2/32 of inch, 1 stop lamp violations, 2 steering system components worn/welded/missing, 1 power steering violations, 3 excess vehicle weight, 3 failing to secure brake hose/tubing against mechanical damage, 1 clamp/roto-chamber type brake(s) out of adjustment, 1 no or defective brake warning device, 1 automatic brake adjuster – air brake, 1 brake adjustment indicator – external automatic adjustment, 1 operating a commercial motor vehicle without periodic inspection, 1 defective/improper fifth wheel assemblies, 1 operating beyond overlimit permit, 2 inoperative required lamps, 2 no/discharged/unsecured fire extinguisher, 2 inspection/repair and maintenance parts and accessories, 2 operating intrastate commercial without registration, 1 failing to secure cargo, 1 failure to prevent cargo shifting, and 5 log violations (general/form and manner). The carrier’s reported Maine mileage is 240,747 miles (IFTA & FUID) resulting in an RSR of 48.96.

After the review period the carrier had eleven violations (two serious), including 2 tire-other tread depth less than 2/32 of inch, 1 steering system components worn/welded/missing, 2 failing to secure brake hose/tubing against mechanical damage, 1 insufficient brake linings, 1 oil and/or grease leak, 1 no/discharged/unsecured fire extinguisher, 1 failure to provide evidence of insurance, 1 operating intrastate commercial without registration, and 1 failure to display fuel decal/license.

The carrier has a current Vehicle Maintenance BASIC of 77.5, a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 47 (pass).

This is the carrier’s second hearing.  The first hearing held in December, 2011 (RSR 23.18) resulted in a ‘No Further Action’ decision.

Notice of the March 19, 2013 hearing was sent to the carrier via FedEx on January 24, 2013. Receipt was confirmed on January 29, 2013.  Due to inclement weather the March 19, 2013 meeting was rescheduled to May 21, 2013.  Notice of the rescheduled hearing was sent to the carrier via FedEx on March 20, 2013.  The notice was delivered and receipt was acknowledged on March 21, 2013.  The carrier has not provided the requested supplemental information to date and did not attend the hearing.

Documents for the record:

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

Top Twenty Carriers (for the review period 01/01/2012 to 12/31/2012):

1. Maureen Gamble – USDOT Number 891509
RSR 1650.00; No Further Action; Bruce/Brian - 5 in Favor, 1 Opposed

Maureen Gamble, dba Loggin It Etc, of Prospect, Maine is an intrastate carrier of logs, poles, beams, and lumber operating 1 power unit and 1 CDL driver.

During the review period the carrier had 12 violations (four serious) for a total of 66.00 points, including 1 tire–front tread depth less than 4/32 of inch, 1 tire–other tread depth less than 2/32 of inch, 1 tire-bus regrooved/recap on front wheel, 1 axle positioning parts defective/missing, 1 inoperative turn signal, 2 steering system components worn/welded/missing, 1 possession/use/under influence of alcohol- 4 hours prior to duty, 1 brake tubing and hose adequacy, 1 no or defective brake warning device, 1 oil and/or gas leak, and 1 exhaust leak under truck cab and/or sleeper.  The carrier’s reported Maine mileage is 4,392 miles (FUID) resulting in an RSR of 1650.00.

There are no violations to report after the review period.

The carrier has a current Controlled Substances and Alcohol BASIC of 93.9 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 59 (optional).  This is the carrier’s first preliminary review.

2. Smokey’s Greater Shows Inc – USDOT Number 257476
RSR 1640.00; No Further Action; Patrick/Brian – 5 In Favor, 1 Opposed

Smokey’s Greater Shows Inc, of Bangor, Maine is an intrastate private property carrier of carnival equipment operating 2 power units and 1 CDL driver.

During the review period the carrier had 23 violations (none serious) for a total of 82.00 points, including 2 inoperative turn signal, 1 inoperative/defective hazard warning lamp, 2 stop lamp violations, 2 steering system components worn/welded/missing, 1 no drivers record of duty status, 1 drivers record of duty status not current, 1 excess vehicle weight, 1 no/improper breakaway or emergency braking, 2 inoperative/defective brakes, 1 improper battery installation, 2 inspection/repair and maintenance parts and accessories, 1 operating intrastate commercial without registration, 1 failure to display fuel decal, 2 driver not in possession of medical certificate, and 3 log violation (general/form and manner).  The carrier’s reported Maine mileage is 4,863 miles (FUID) resulting in an RSR of 1640.00.

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

There are no violations to report after the review period.

The carrier has a current Vehicle Maintenance BASIC of 98.7 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 69 (optional).  This is the carrier’s fifth preliminary review.  The carrier had a full review (hearing) in September, 2007 (RSR 283.90) which resulted in a ‘No Further Action’ decision.  The carrier received warning letters in December, 2004 (RSR 478.30) and March, 2006 (RSR 264.90).  The preliminary review held in October, 2011 (RSR 912.50) resulted in a ‘No Further Action’ decision.

3. Albert Fitzpatrick – USDOT Number 818189
RSR 616.67; No Further Action; Russell/Bruce - Unanimous

Albert Fitzpatrick, of Houlton, Maine is an intrastate private property carrier of fresh produce operating 5 power units and 2 CDL drivers.

During the review period the carrier had 8 violations (two serious) for a total of 37.00 points, including 1 tire-ply or belt material exposed, 1 failing to use seat belt while operating a commercial motor vehicle, 1 inoperative tail lamp, 1 stop lamp violation, 1 operating a commercial motor vehicle without periodic inspection, 1 oil and/or grease leak, 1 no/insufficient warning devices, and 1 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 6,390 miles (FUID) resulting in an RSR of 616.67.

There is one violation to report after the review period (one serious), failing to use seat belt while operating a commercial motor vehicle.

The carrier has a current Unsafe Driving BASIC of 87.6 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 52 (optional).  This is the carrier’s first preliminary review.

4. Hal M Stratton – USDOT Number 756656
RSR 608.33; No Further Action; Russell/Bruce - Unanimous

Hal M Stratton, dba Hal Stratton Logging, of Belgrade, Maine is an intrastate private property carrier of logs, poles, beams, lumber and construction equipment operating 3 power units and 1 CDL driver.

During the review period the carrier had 14 violations (six serious) for a total of 73.00 points, including 6 tire-other tread depth less than 2/32 of inch,1 inoperative head lamps, 3 excess vehicle weight, 1 operating beyond road restrictions, 1 exhaust leak under truck cab and/or sleeper, 1 inadequate/damaged securement device/system, and 1 expired inspection.  The carrier’s reported Maine mileage is 12,000 miles (FUID) resulting in an RSR of 608.33.

There are four violations to report after the review period (one serious), including 1 tire-other tread depth less than 2/32 of inch, 2 excess vehicle weight, and 1 IFTA violation – no documentation in vehicle.

The carrier has a current Vehicle Maintenance BASIC of 74.6 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 46 (pass).  This is the carrier’s first preliminary review.

5. M Stanley Excavation LLC – USDOT Number 2140683
RSR 288.64; No Further Action; Patrick/Brian - Unanimous

M Stanley Excavation LLC, of Norway, Maine is an intrastate for-hire carrier of general freight and machinery operating 2 power units and 1 driver.

During the review period the carrier had 109 violations (26 serious) for a total of 508.00 points, including 1 driving a commercial motor vehicle while disqualified, 4 tire-ply or belt material exposed, 1 tire-front tread depth less than 4/32 of inch, 10 tire-other tread depth less than 2/32 of inch, 1 failing to use seat belt while operating a commercial motor vehicle, 3 axle positioning parts defective/missing, 4 leaf spring assembly defective/missing, 2 air suspension pressure loss, 3 inoperative turn signal, 7 stop lamp violations, 1 steering system components worn/welded/missing, 7 excess vehicle weight, 2 operating over posted weight, 1 no brakes as required, 13 failing to secure brake hose/tubing against mechanical damage, 3 brake connections with leaks/restrictions, 1 mismatched brake chambers on same axle, 1 insufficient brake linings, 7 clamp/roto-chamber type brake(s) out of adjustment, 2 inoperative/defective brakes, 2 automatic brake adjuster - air brake, 2 brakes (general), 1 brake-reserve system pressure loss, 1 failure to correct defects noted on inspection report, 6 operating a commercial motor vehicle without periodic inspection,  1 defective/improper fifth wheel assemblies, 1 improper safety chain attachment, 4 oil and/or grease leak, 1 unsafe operations forbidden, 1 inoperative required lamps, 1 no/insufficient warning devices, 9 inspection/repair and maintenance parts and accessories, 1 failure to display fuel decal, 1 wheel (mud) flaps missing or defective, 1 fuel system requirements, 1 windshield wipers inoperative/defective, and 1 no/improper heavy vehicle/machine securement.  The carrier’s reported Maine mileage is 175,500 miles (FUID) resulting in an RSR of 288.64.

After the review period the carrier had 78 violations (13 serious), including 1 tire-tread and/or sidewall separation, 8 tire-other tread depth less than 2/32 of inch, 3 axle positioning parts defective/missing, 1 air suspension pressure loss, 6 inoperative head lamps, 2 inoperative tail lamp, 1 inoperative turn signal, 2 stop lamp violations, 1 inoperative/defective hazard warning lamp, 1 excess vehicle weight, 1 operating over posted weight, 1 brake tubing and hose adequacy, 5 failing to secure brake hose/tubing against mechanical damage, 3 clamp/roto-chamber type brake(s) out of adjustment, 1 insufficient brake linings, 3 inoperative/defective brakes, 2 automatic brake adjuster – air brake, 3 failure to correct defects noted on inspection reports, 4 operating a commercial motor vehicle without periodic inspection, 7 oil and/or grease leak, 1 defective/improper fifth wheel assemblies, 1 unsafe operations forbidden, 3 inoperative required lamps, 1 cab/body parts requirements violation, 1 frame cracked/loose/sagging/broken, 4 inspection/repair and maintenance parts and accessories, 2 operating intrastate commercial without registration, 3 wheel (mud) flaps missing or defective, 3 windshield wipers inoperative/defective, 1 exhaust leak under truck cab and/or sleeper, 1 fuel tax violation, and 1 registration violation.

The carrier has a current Vehicle Maintenance BASIC of 99.3 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 70 (optional).  This is the carrier’s first preliminary review.

Mr. Stanley appeared before the Board and explained some of the new policies that have been implemented to address the company’s vehicle maintenance issues.  The company removed two older trucks from its fleet; hired a part-time mechanic on the weekends in addition to the existing full-time mechanic that works during the week; now requires all trucks to be returned to the garage on Friday night; and requires all drivers to do pre-trip inspections and turn their inspection slips in with their load slips and fuel slips.

6. Seymour Excavating Inc – USDOT Number 767661
RSR 236.07; No Further Action; Patrick/David - Unanimous

Seymour Excavating Inc, of Freeport, Maine is an intrastate for-hire carrier of general freight and paper products operating 1 power unit and 1 CDL driver.

During the review period the carrier had 30 violations (10 serious) for a total of 144.00 points, including 1 tire-front  tread depth less than 4/32 of inch, 7 tire-other tread depth less than 2/32 of inch, 1 axle positioning parts defective/missing, 1 leaf spring assembly defective/missing, 1 steering system components worn/welded/missing, 3 excess vehicle weight, 1 brake tubing and hose adequacy, 1 failing to secure brake hose/tubing against mechanical damage, 1 brake connections with leaks/constrictions, 1 insufficient brake linings, 1 clamp/roto-chamber type brake(s) out of adjustment, 2 no or defective brake warning device, 1 brakes (general), 1 failure to correct defects noted on inspection report, 2 no/discharged/unsecured fire extinguisher, 3 inspection/repair and maintenance parts and accessories, 1 failure to display fuel decal, and 1 exhaust leak under truck cab and/or sleeper.  The carrier’s reported Maine mileage is 60,942 miles (FUID) resulting in an RSR of 236.07.

There are no violations to report after the review period.

The carrier has a current Vehicle Maintenance BASIC of 85.9 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 64 (optional).  This is the carrier’s first preliminary review.

Mr. Seymour appeared before the Board to explain some of the things he is doing to address equipment issues.  He stated that he is currently operating two trucks which he has gone over and updated tires, kingpins, brakes, etc.  He performs his own maintenance, does a walk-around inspection of the vehicles each morning, and tries to fix the trucks as soon as maintenance problems arise.

7. Scott P Rolfe – USDOT Number 1707098
RSR 221.53; Letter B; Brian/Bruce - Unanimous

Scott P Rolfe, dba Ridge Runner Trucking, of Livermore, Maine is an intrastate for-hire carrier of wood chips operating 2 power units and 1 CDL driver.

During the review period the carrier had 66 violations (19 serious) for a total of 319.00 points, including 1 tire-tread and/or sidewall separation, 1 tire-front tread depth less than 4/32 of inch, 14 tire-other tread depth less than 2/32 of inch, 2 axle positioning parts defective/missing, 1 leaf spring assembly defective/missing, 1 inoperative head lamps, 1 inoperative tail lamp, 4 inoperative turn signal, 4 stop lamp violations, 2 driver’s record of duty status not current, 1 brake tubing and hose adequacy, 3 failing to secure brake hose/tubing against mechanical damage, 1 brake connections with leaks/constrictions, 3 clamp/roto-chamber type brake(s) out of adjustment, 5 inoperative/defective brakes, 1 automatic brake adjuster – air brake, 1 speeding 6-10 miles per hour over the speed limit, 1 brakes (general), 1 failure to correct defects noted on inspection report, 1 unsafe operations forbidden, 1 oil and/or grease leak, 4 inoperative required lamps, 1 wheel fasteners loose and/or missing, 1 frame cracked/loose/sagging/broken, 4 inspection/repair and maintenance parts and accessories, 1 expired inspection, 1 speeding 4 miles per hour over the speed limit, 2 driver not in possession of medical certificate, 1 damaged or discolored windshield, and 1 log violation (general/form and manner).  The carrier’s reported Maine mileage is 144,000 miles (FUID) resulting in an RSR of 221.53.

There are no violations to report after the review period.

The carrier has a current Hours of Service Compliance BASIC of 48.7, a Vehicle Maintenance BASIC of 99.1 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 72 (optional).  This is the carrier’s first preliminary review.

8. Linda P Wood & Lee J Wood – USDOT Number 675511
RSR 217.12; No Further Action; Patrick/Bruce – 5 In Favor, 1 Opposed

Linda P Wood & Lee J Wood, dba L & J Trucking and Recycling, of Oakfield, Maine is an intrastate private property carrier of scrap metal operating 2 power units and 1 CDL driver.

During the review period the carrier had 54 violations (nine serious) for a total of 241.00 points, including 2 driver lacking valid license for type vehicle being operated, 1 flat tire or fabric exposed, 6 tire-other tread depth less than 2/32 of inch, 1 inoperative tail lamp, 7 inoperative turn signal, 4 stop lamp violations, 5 steering system components worn/welded/missing, 1 improper turns, 1 driver’s record of duty status not current, 2 failing to secure brake hose/tubing against mechanical damage, 1 no or defective brake warning device, 1 operating a commercial motor vehicle without periodic inspection, 1 defective/improper fifth wheel assemblies, 1 horn inoperative, 1 oil and/or grease leak, 1 failure to stop at weigh station, 2 inoperative required lamps, 1 required lamp not powered by vehicle electricity, 1 rear impact guards, 3 no/discharged/unsecured fire extinguisher, 1 no/insufficient warning devices, 1 frame cracked/loose/sagging/broken, 1 frame accessories improperly attached, 2 inspection/repair and maintenance parts and accessories, 2 operating intrastate commercial without registration, 1 wheel (mud) flaps missing or defective, 1 failing to secure load, 1 damaged or discolored windshield, and 1 log violation (general/form and manner).  The carrier’s reported Maine mileage is 110,831 miles (FUID) resulting in an RSR of 217.12.

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

The carrier has a current Vehicle Maintenance BASIC of 97.3 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 69 (optional).  This is the carrier’s second preliminary review.  The carrier received a warning letter after the preliminary review held in June, 2012 (RSR 158.42).

9. Len Poulin Inc – USDOT Number 773400
RSR 211.00; Letter B; Brian/Russell - Unanimous

Len Poulin Inc, of Benton, Maine is an intrastate for-hire carrier of machinery, large objects, and construction equipment operating 16 power units and 3 CDL drivers.

During the review period the carrier had 40 violations (12 serious) for a total of 211.00 points, including 2 tire-front  tread depth less than 4/32 of inch, 9 tire-other tread depth less than 2/32 of inch, 1 leaf spring assembly defective/missing, 1 inoperative tail lamp, 4 inoperative turn signal, 2 stop lamp violations, 3 steering system components worn/welded/missing, 4 excess vehicle weight, 3 failing to secure brake hose/tubing against mechanical damage, 1 inadequate brakes for safe stopping, 1 brake-air compressor violation, 1 operating a commercial motor vehicle without periodic inspection, 1 tire under-inflated,  1 oil and/or grease leak, 1 no/discharged/unsecured fire extinguisher, 1 no/insufficient warning devices, 2 inspection/repair and maintenance parts and accessories, and 2 failing to secure cargo.  The carrier’s reported Maine mileage is 100,000 miles (FUID) resulting in an RSR of 211.00.

During the review period the carrier had one towaway accident.

There are no violations to report after the review period.

The carrier has a current Vehicle Maintenance BASIC of 97.2 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 69 (optional).  This is the carrier’s third preliminary review.  The carrier received a warning letter after the preliminary review held in June, 2007 (RSR 17.20).  The preliminary review held in March, 2012 (RSR 38.46) resulted in a ‘No Further Action’ decision.

10. Granville Rental Inc – USDOT Number 1278631
RSR 188.00; No Further Action; Patrick/Bruce - Unanimous

Granville Rental Inc, of Holden, Maine is an intrastate private property carrier of rental equipment operating 7 power units and 7 (4 CDL) drivers.

During the review period the carrier had 24 violations (three serious) for a total of 94.00 points, including 1 tire-front tread depth less than 4/32 of inch, 2 tire-other tread depth less than 2/32 of inch, 1 inoperative head lamps, 3 inoperative turn signal, 1 stop lamp violations, 1 steering system components worn/welded/missing, 1 failure to correct defects noted on inspection report, 1 no or inadequate driver vehicle inspection report, 2 operating a commercial motor vehicle without periodic inspection, 1 improper battery installation, 1 oil and/or grease leak, 1 inoperative required lamps, 1 no/insufficient warning devices, 1 inspection/repair and maintenance of parts and accessories, 1 expired inspection, 3 failure to display fuel decal, 1 operating intrastate commercial without registration, and 1 no/improper heavy vehicle/machine securement.  The carrier’s reported Maine mileage is 50,000 miles (FUID) resulting in an RSR of 188.00.

There are no violations to report after the review period.

The carrier has a current Vehicle Maintenance BASIC of 90.4 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 66 (optional).  This is the carrier’s first preliminary review.

11. Abram Chase – USDOT Number 2129769
RSR 179.49; No Further Action; Patrick/Brian - Unanimous

Abram Chase, dba AS Chase Transport, of Whitefield, Maine is an intrastate for-hire carrier of bark mulch operating 2 power units and 1 CDL driver.

During the review period the carrier had 17 violations (none serious) for a total of 70.00 points, including 1 inoperative tail lamp, 1 steering system components worn/welded/missing, 4 failing to secure brake hose/tubing against mechanical damage, 9 clamp/roto-chamber type brake(s) out of adjustment, 1 automatic brake adjuster – air brake, and 1inspection/repair and maintenance parts and accessories.   The carrier’s reported Maine mileage is 38,805 miles (IFTA CH) resulting in an RSR of 179.49.

The carrier had one violation after the review period – inoperative head lamps.

The carrier has a current Vehicle Maintenance BASIC of 84.1 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 64 (optional).  This is the carrier’s first preliminary review.

12. Almighty Recycling – USDOT Number 2135620
RSR 173.96; Letter B; David/Brian - Unanimous

Almighty Recycling, of Lewiston, Maine is an intrastate for-hire carrier of garbage, refuse, and trash operating 6 power units and 6 drivers.

During the review period the carrier had 34 violations (13 serious) for a total of 167.00 points, including 1 tire-tread and/or sidewall separation, 2 tire-front tread depth less than 4/32 of inch, 10 tire-other tread depth less than 2/32 of inch, 2 inoperative head lamps, 1 inoperative tail lamp, 1 power steering violations, 1 failing to secure brake hose/tubing against mechanical damage, 1 clamp/roto-chamber type brake(s) out of adjustment, 1 no or defective brake warning device, 1 automatic brake adjuster – air brake, 1 failure to correct defects noted on inspection report, 1 unsafe operations forbidden, 1 failure to provide evidence of insurance, 2 frame cracked/loose/sagging/broken, 2 inspection/repair and maintenance parts and accessories, 1 failure to display fuel decal, 1 failing to secure load, 1 damaged or discolored windshield, 1 glazing permits less than 70 percent of light, and 2 windshield obstructed.  The carrier’s reported Maine mileage is 96,000 miles (FUID) resulting in an RSR of 173.96.

After the review period the carrier had four violations (two serious), including 2 tire-other tread depth less than 2/32 of inch, 1 inoperative head lamps, and 1 excess vehicle weight.

The carrier has a current Vehicle Maintenance BASIC of 77.8, a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 47 (pass).  This is the carrier’s first preliminary review.

13. Charles A Henderson – USDOT 791301
RSR 172.86; No Further Action; Brian/David - Unanimous

Charles A Henderson, dba Henderson’s Trucking, of Troy, Maine is an intrastate for-hire carrier of logs, poles, beams, lumber, mobile homes, and machinery operating 4 power units and 1 CDL driver.

During the review period the carrier had 28 violations (six serious) for a total of 121.00 points, including 2 tire-other tread depth less than 2/32 of inch, 3 axle positioning parts defective/missing, 1 leaf spring assembly defective/missing, 1 inoperative tail lamp, 2 stop lamp violations, 2 steering system components worn/welded/missing, 1 excess vehicle weight, 1 operating over posted weight, 3 failing to secure brake hose/tubing against mechanical damage, 1 no side retroreflective sheeting/reflex reflective material, 1 no lower rear retroreflective sheeting/reflex reflective material, 1 no upper rear retroreflective sheeting/reflex reflective material, 1 oil and/or grease leak, 3 inoperative required lamps, 1 no/discharged/unsecured fire extinguisher, 3 inspection/repair and maintenance parts and accessories, and 1 damaged securement system/tiedowns.  The carrier’s reported Maine mileage is 70,074 miles (FUID) resulting in an RSR of 172.86.

During the review period the carrier had one towaway accident.

There are no violations to report after the review period.

The carrier has a current Vehicle Maintenance BASIC of 93.0 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 67 (optional).  This is the carrier’s second preliminary review.  The preliminary review held in October, 2011 (RSR 120.16) resulted in a ‘No Further Action’ decision.

14. Lloyd J Brown – USDOT Number 794441
RSR 150.00; No Further Action; Patrick/Brian - Unanimous

Lloyd J Brown, of Whitefield, Maine is an intrastate for-hire carrier of logs, poles, beams, and lumber operating 1 power unit and 1 CDL driver.

During the review period the carrier had 12 violations (four serious) for a total of 69.00 points, including 4 tire-other tread depth less than 2/32 of inch, 2 inoperative head lamps, 1 inoperative tail lamp, 1 inoperative turn signal, 1 steering system components worn/welded/missing, 1 operating a commercial motor vehicle without periodic inspection, 1 no/discharged/unsecured fire extinguisher, and 1 damaged securement system/tiedowns.  The carrier’s reported Maine mileage is 45,593 miles (FUID) resulting in an RSR of 150.00.

There are no violations to report after the review period.

The carrier has a current Vehicle Maintenance BASIC of 90.7 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 66 (optional).  This is the carrier’s first preliminary review.

15. Nitram Excavation & General Contractor Inc – USDOT 944889
RSR 131.33; No Further Action; Patrick/Bruce - Unanimous

Nitram Excavation & General Contractor Inc, of Benton, Maine is an intrastate private property carrier of construction equipment/materials and gravel operating 22 power units and 12 CDL drivers.

During the review period the carrier had 38 violations (13 serious) for a total of 197.00 points, including 1 tire-ply or belt material exposed, 1 tire-tread and/or sidewall separation, 1 tire-flat and/or audible air leak, 8 tire-other tread depth less than 2/32 of inch, 2 axle positioning parts defective/missing, 1 inoperative tail lamp, 2 inoperative turn signal, 2 excess vehicle weight, 9 failing to secure brake hose/tubing against mechanical damage, 1 clamp/roto-chamber type brake(s) out of adjustment, 1 automatic brake adjuster - air brake, 3 brakes (general), 1 brake-air compressor violation, 1 oil and/or grease leak, 1 inoperative required lamps, 1 inspection/repair and maintenance parts and accessories, and 2 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 149,762 miles (FUID) resulting in an RSR of 131.33.

There is one violation to report after the review period, failure to stop at weigh station.

The carrier has a current Vehicle Maintenance BASIC of 87.9 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 65 (optional).  This is the carrier’s second preliminary review.  The preliminary review held in March, 2011 (RSR 56.24) resulted in a ‘No Further Action’ decision.

16. Trombley Construction Inc – USDOT Number 880492
RSR 127.69; Letter B; Brian/Bruce - Unanimous

Trombley Construction Inc, of Mapleton, Maine is an intrastate private property carrier of motor vehicles and construction equipment/materials operating 10 power units and 4 drivers.

During the review period the carrier had 15 violations (five serious) for a total of 83.00 points, including 2 speeding 15 or more miles per hour over the speed limit, 2 failing to use seat belt while operating a commercial motor vehicle, 1 leaf spring assembly defective/missing, 1 inoperative head lamps, 2 inoperative turn signal, 1 stop lamp violations, 1 speeding 6-10 miles per hour over the speed limit, 1 operating a commercial motor vehicle without periodic inspection, 1 operating over dimension, 1 speedometer inoperative/inadequate, 1 failure to provide evidence of insurance, and 1 no/discharged/unsecured fire extinguisher.  The carrier’s reported Maine mileage is 65,000 miles (FUID) resulting in an RSR of 127.69.

There are no violations to report after the review period.

The carrier has a current Unsafe Driving BASIC of 84.5 (Alert Status), a Vehicle Maintenance BASIC of 66.7, a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 56 (optional).  This is the carrier’s first preliminary review.

17. Stanley’s Septic Tank Service & Construction Co – USDOT Number 798583
RSR 126.00; Letter B; Patrick/Brian - Unanimous

Stanley’s Septic Tank Service & Construction Co, of Fairfield, Maine is an intrastate for-hire carrier of gravel and asphalt operating 4 power units and 4 CDL drivers.

During the review period the carrier had 51 violations (ten serious) for a total of 189.00 points, including 1 flat tire or fabric exposed, 1 tire-ply or belt material exposed, 5 tire-other tread depth less than 2/32 of inch, 3 failing to use seat belt while operating a commercial motor vehicle, 1 stop lamp violations, 1 steering components worn/welded/missing, 2 excess vehicle weight, 1 no/improper breakaway or emergency braking, 2 failing to secure brake hose/tubing against mechanical damage, 1 ABS – air brake system, 2 failure to correct defects noted on inspection report, 4 operating a commercial motor vehicle without periodic inspection, 1 improper battery installation, 2 failure to stop at weigh station, 5 inoperative lamps, 7 no/discharged/unsecured fire extinguisher, 4 no/insufficient warning devices, 2 cab/body improperly secured to frame, 3 inspection/repair and maintenance parts and accessories, 1 failing to secure cargo, and 2 glazing permits less than 70 percent of light.  The carrier’s reported Maine mileage is 150,000 miles (FUID) resulting in an RSR of 126.00.

After the review period the carrier had 15 violations (two serious), including 1 tire-other tread depth less than 2/32 of inch, 1 failing to use seat belt while operating a commercial motor vehicle, 1 inoperative turn signal, 1 operating over posted weight, 1 failing to secure brake hose/tubing against mechanical damage, 1 clamp/roto-chamber type brake(s) out of adjustment, 1 automatic brake adjuster – air brake, 1 brake-reserve system pressure loss, 2 failure to correct defects noted on inspection report, 2 inoperative required lamps, 1 inspection/repair and maintenance parts and accessories, 1 no/discharged/unsecured fire extinguisher, and 1 cab/body improperly secured to frame.

The carrier has a current Unsafe Driving BASIC of 83.3 (Alert Status), a Vehicle Maintenance BASIC of 98.5 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 87 (inspect).  This is the carrier’s second preliminary review.  The preliminary review held in October, 2011 (RSR 75.53) resulted in a warning letter.

18. Ronald E Bubar – USDOT Number 743726
RSR 122.95; No Further Action; Patrick/Bruce - Unanimous

Ronald E Bubar, dba Ronald Bubar & Sons, of Reed Plantation, Maine is an intrastate for-hire carrier of logs, poles, beams, and lumber operating 1 power unit and 1 CDL driver.

During the review period the carrier had 17 violations (six serious) for a total of 75.00 points, including 1 driver uses or is in possession of drugs, 1 driving a commercial motor vehicle (CDL) while disqualified, 1 tire-flat and/or audible leak, 1 tire-front tread depth less than 4/32 of inch, 1 tire-other tread depth less than 2/32 of inch, 1 leaf spring assembly defective/missing, 1 inoperative turn signal, 1 no or defective brake warning device, 1 improper battery installation, 1 oil and/or grease leak, 1 unsafe operations forbidden, 1 no/discharged/unsecured fire extinguisher, 1 expired inspection, 1 failure to display fuel decal, 1 operating intrastate commercial without registration, 1 damaged or discolored windshield, and 1 exhaust system not securely fastened.  The carrier’s reported Maine mileage is 61,287 miles (FUID) resulting in an RSR of 122.95.

There are no violations to report after the review period.

The carrier has a current Controlled Substance and Alcohol BASIC of 98.8 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 59 (optional).  This is the carrier’s second preliminary review.  The preliminary review held in March, 2011 (RSR 56.61) resulted in a ‘No Further Action’ decision.

Mr. Bubar has submitted a letter for the Board’s attention.  He states that he was neither the owner nor the operator of the vehicle at the time of the stop and the violations were assigned to him in error.

19. James Croxen – USDOT Number 2097350
RSR 115.63; Letter B; Brian/Bruce - Unanimous

James Croxen, dba J & M Transport, of New Limerick, Maine is an intrastate for-hire carrier of logs, poles, beams, lumber, and building materials operation 1 power unit and 1 CDL driver.

During the review period the carrier had 27 violations (five serious) for a total of 111.00 points, including 1 tire-other tread depth less than 2/32 of inch, 1 air suspension pressure loss, 1 requiring or permitting driver to drive more than 11 hours, 1 requiring or permitting driver to drive after 14 hours on duty, 1 false report of drivers record of duty status, 1 inoperative turn signal, 1 stop lamp violations, 1 steering system components worn/welded/missing, 1 brake tubing and hose adequacy, 2 insufficient brake linings, 2 inoperative/defective brakes, 1 automatic brake adjuster – air brake, 1 must have knowledge of and comply with regulations, 1 failure to correct defects noted on inspection report, 1 no or inadequate driver vehicle inspection report, 1 fifth wheel, 2 defective/improper fifth wheel assemblies, 1 wheel fasteners loose and/or missing, 4 inspection/repair and maintenance parts and accessories, and 2 log violation (general/form and manner.  The carrier’s reported Maine mileage is 96,000 miles (FUID) resulting in an RSR of 115.63.

There are two violations to report after the review period (none serious), including 1 steering system components worn/welded/missing and 1 damaged securement system/tiedowns.

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 48 (pass).  This is the carrier’s first preliminary review.

20. Bryan R King Sr – USDOT Number 745577
RSR 108.33; Letter B; Brian/Patrick - Unanimous

Bryan R King Sr, dba King’s Trucking, of Burnham, Maine is an intrastate for-hire carrier of logs, poles, beams, lumber, and construction equipment/materials operating 6 power units and 3 (2 CDL) drivers.

During the review period the carrier had 14 violations (seven serious) for a total of 78.00 points, including 1 tire-front tread depth less than 4/32 of inch, 2 tire-other tread depth less than 2/32 of inch, 1 tires (general), 2 failing to use seat belt while operating a commercial motor vehicle, 1 axle positioning parts defective/missing, 1 inoperative head lamps, 1 driver failing to conduct pre-trip inspection, 1 insufficient brake linings, 1 clamp/roto-chamber type brake(s) out of adjustment, 1 operating over dimension, and 2 inspection/repair and maintenance parts and accessories.  The carrier’s reported Maine mileage is 71,575 miles (FUID) resulting in an RSR of 108.33.

There are no violations to report after the review period.

The carrier has a current Vehicle Maintenance BASIC of 95.2 (Alert Status), a MCSIP Step of 0 (not targeted) and an ISS inspection selection value of 68 (optional).  This is the carrier’s second preliminary review.  The preliminary review held in March, 2012 (RSR 62.25) resulted in a ‘No Further Action’ decision.

Old Business:

The Board was satisfied with the selection of carriers using FMCSA's intrastate file and recommendations from Maine State Police Commercial Enforcement as the carrier list which starts the selection process as defined by rule.

New Business:

William Laubenstein, Garry Hinkley, and Francis Fox will meet to review the procedures surrounding carriers issued warning letters and then make recommendations for procedure or rules changes, if needed, to the Board the next meeting.

Next Meeting Date:

The next meeting is Thursday, September 26, 2013 at 8:00 AM
Bureau of Motor Vehicles – Executive Conference Room

A motion was made to adjourn the meeting at 11:20 a.m.; Bruce/David - Unanimous



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