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MOTOR CARRIER REVIEW BOARD
MINUTES
June 7, 2005


Board Members Present:

George Parke, Dale Hanington, Ron Hutchins, Alan Quinlan and Chair Mark Hutchins


Staff Present:

BMV Motor Carrier Services: Garry Hinkley, Francis Fox, Colleen Weed, Patrick Malloy, Dolores Hayes, Attorney Bill Laubenstein, and our summer intern, Stephen Peary


The Maine Motor Carrier Review Board Meeting of June 7, 2005 was called to order at 9:10A.M. by Chair Mark Hutchins.

Announcements:

Garry Hinkley reported that Bruce Gray and Steve Izer would be absent today due to personal obligations.

Patrick Malloy was introduced as a new member of the staff replacing Colleen whose duties have become more extensive in Overlimits. He also introduced our summer intern Stephen Peary, a soon to be graduate from the University of Maine.

The March 22, 2005 minutes were unanimously accepted as written.


Review of "A" Carriers:

Perry Transport LLC, USDOT# 728844.

Perry Transport LLC, d.b.a. Wolaver Transport, of Poland, Maine is in the business of transporting general freight, beverages, and paper products between Maine and the New York/New Jersey area. The carrier operates approximately 18 trucks with 22 drivers including a mix of company vehicles and owner-operators. During the review period, the carrier had 28 violations (8 serious): 5 for false logs; 1 possession of alcohol in a commercial motor vehicle; 1 operating after suspension; 1 operating by an unqualified driver; 2 operating without 7-days previous logs; 6 logbooks not current; 1 excess vehicle weight; 4 semi-trailers not properly marked; 2 wheels/rims cracked axle 1 inadequate tires; 3 failure to display valid inspection; and 1 failure to display ID device. Total points is 122.7. Maine mileage of 697,501 taken from the carrier's supplemental questionnaire and IFTA results in an RSR of 17.6.

After the review period, the carrier had 4 additional violations, 3 were driver related.

The carrier has a driver SEA of 27.7; a vehicle SEA of 76.0; and a crash SEA of 80.9. The carrier's SAFESTAT score is 387, fourth highest in the state and 522nd overall. The carrier is SAFESTAT category "A", with a MCSIP step of 24, and ISS score of 100.

Documents for the record:

  • Motor Carrier Review Board Review Sheet
  • Carrier Supplemental Questionnaire
  • MCMIS Company Safety Profile
  • SAFESTAT History Report
  • ISS Carrier Snapshot
  • Driving Records
  • Motor carrier's safety manual and summary of the manual

Mike Bushey, general manager, represented the carrier. Mr. Bushey noted that new owners bought the company in 2004, and soon realized that the carrier had significant safety problems resulting from poor management. They have instituted a new safety plan, have hired several full time mechanics, have purchased new equipment, and have hired an experienced dispatcher. New hires are interviewed and road tested. Problem drivers have been dismissed. The carrier recently had a terminal safety audit and most categories were satisfactory.

A motion for No Further Action was made by Dale Hanington and seconded by George Parke. The vote was unanimous.

 

Big Rock Transportation, USDOT# 970050.

The carrier's attorney's office called MCS on June 2 to inquire about a continuance. Their attorney, John Lightbody, is out of the country. The Board was informed of the request both by staff and by the carrier's representatives. The Board declined to grant a continuance.

Big Rock Transportation of Peru, Indiana is a Fore Hire Carrier carrying general freight, machinery, large objects, and fresh produce. The carrier operates approximately 75 trucks using exclusively owner-operators.

The carrier is owned by Bruce Sargent and Michael Tweedie. The company is associated with Sargent's Trucking and B & J Transportation.

During the review period, the carrier had 28 violations (22 serious) including 11 false logs; 1 no duty status; 3 operating over 10-hour Rule; 1 operation over 70-hour Rule; 6 unqualified drivers; 2 logbook not current; 1 excess vehicle weight; 2 semi-trailers not properly marked; and 1 failure to display valid inspection. The carrier operated 879,856 miles in Maine during the reporting period. Mileage was taken from the carrier's questionnaire and verified from the owner-operators' IFTA returns. Total points of 164 resulting in an RSR of 18.7. After the review period, the carrier had 14 additional violations-8 relating to logbooks or driver qualifications, 3 relating to Hazmat.

The carrier had a driver SEA of 94.5; A vehicle SEA of 70.5; a crash SEA of 88.4; and a safety management SEA of 79. The carrier is SAFESTAT category "A" with a SAFESTAT score of 398 and a MCSIP step of 24 and a conditional safety rating. The carrier's ISS value is 100. The carrier ranked #20 in Indiana and 426 nationally.

This is the carrier's 2nd review.

Documents for the record include:

  • Motor Carrier Review Board Summary Sheet
  • Supplemental Questionnaire
  • MCMIS Company Safety Profile
  • SAFESTAT Report
  • ISS Carrier Snapshot
  • Driver Histories

The carrier was represented by Jane Rusnica and Colleen Paige. They noted the carrier had installed a new log book tracking system (Rapid Log) which allows log books to be scanned and then reviewed. Big Rock has hired more staff to review log books (now have eight). About 75% of logs are reviewed each month.

The carrier does not hold formal safety meetings. New hires receive an orientation package including log book instruction. They are supposed to stop in the office within 30 days (either in Maine or in Peru, IN) to review training tapes.

Owner/Operators with violations are fined by the carrier. Usually $50 for the first offense. Fines can escalate for subsequent violations. Pay can be put on hold for failure to follow procedure. On occasion, owner-operators may be dismissed.

The carrier is not supposed to haul hazardous materials, but had three haz mat violations.

Ron Hutchins made a motion to suspend Big Rock Transportation for 3 months Alan Quinlan seconded.

The Board voted unanimously to recommend a three-month suspension for Big Rock Transportation to the Secretary of State.


Report of "B" Carriers:

B & J Transportation Inc. DOT 811511. Follow-up information.

B & J Transportation Inc., of Mars Hill, Maine was a "B" carrier from the last meeting. They returned their supplement and their scores were calculated based on having a chance to review their drivers. The have a total of 43 violations; 1,800,000 Maine Miles gives them an RSR of 11.2.

Noting that B & J has been reviewed several times and their RSR had dropped and they are headed in the right direction. George Parke made a motion that the Board accept Garry' report No Further Action. Alan Quinlan seconded. The vote was unanimous.

Avery Jones Inc. USDOT# 691038

No one represented the carrier.

Avery Jones Inc of Fredericksburg, Virginia is in the business of hauling general freight, metal, sheets, coils, rolls, beams and lumber. The carrier operates approximately 4 trucks with 10 drivers.

This is a follow-up review. The carrier initially was a "B" carrier from the December meeting. The carrier failed to return their supplemental questionnaire. At its March Meeting, the Board voted to conduct a full review on Avery Jones Inc., giving the staff the discretion to dismiss the carrier if the carrier provided the requisite information, and the staff was satisfied that the company should not be reviewed.

The carrier failed to return their questionnaire. Information has been developed using various sources. The carrier did provide a letter stating that they would not be operating in Maine, and would be dropping Maine from their IRP registrations effective in July.

During the initial review period, the carrier had 9 violations for an RSR of 480. The violations included: 1 operating over the 10-hour Rule; 2 operation by unqualified drivers; 1 operating without 7-days previous log; 2 semi-trailers not properly marked with lights, 2 operating beyond overlimit permit restrictions, 1 53-ft. trailer violation. A total of 34 points. An RSR of 480.

During the current review period, the carrier did not have any new violations. 3 violations continue on their record. Causing operation over 10-hour Rule; operating on an undesignated highway; and semi-trailer not properly marked with lights. Total points is 10.9 and RSR is 93.8.

Carrier has a driver SEA of 89.4; a vehicle SEA of 32.6; and a crash SEA of 47.5. The carrier has an ISS score of 90 and is a SAFESTAT category "E"

Documents for the record include:

  • Motor Carrier Review Board Score Sheet
  • Letter from the Carrier stating they would not operate in Maine any longer.
  • BMV Driver Histories
  • MCMIS Safety Profile
  • SAFESTAT History
  • ISS Carrier Snapshot

George Parke made A motion for No Further Action. Seconded by Dale Hanington. The vote was unanimous.

Auslander Corporation. USDOT# 674045.

This was a follow up review on a carrier failing to return their questionnaire. The carrier did not have any additional Maine violations since their initial review.

A motion for No Further Action was made by Dale Hanington and seconded by Ron Hutchins. The vote was unanimous.

Horizon Freight System Inc. USDOT# 237360.

Horizon Freight System Inc. of Cleveland, Ohio is in the intermodal transportation business using approximately 650 owner operators. The carrier has a sister corporation, Kaplan Trucking.

This is a follow-up review. Horizon originally was a "B" carrier. At the March meeting, the Board voted to request additional information due to Horizon's high safety evaluation area scores and the carrier's close relationship to Kaplan Trucking. Kaplan Trucking also had very high SEA scores. There was concern that the owner operators may be moving between companies, thereby clouding both carriers' records. Horizon was also asked to submit additional information. This included an explanation of its relationship with Kaplan Trucking, and whether or not the companies shared drivers.

Horizon responded by letter noting that the two companies are owned by the same principals. However, their businesses are different. Horizon leases office space from Kaplan, and there is also some sharing of office staff including in the safety department. Horizon claimed that the companies do not share drivers.

The company provided information on its safety management plan.

The company did not have any additional Maine violations since its last review. At that time the company had 7 violations including 1 logbook not current; 3 excess weight; 1 failure to correct a defect; 1 overlimit violation; 1 failure to display a current inspection. A total of 22.7 points. Maine mileage of 29,772 taken from Ohio IFTA resulting in an RSR of 76.4. There are no violations after the review period. The company has a driver SEA 91.8; a vehicle SEA of 82.6; a crash SEA of 96.9; and safety management SEA of 91.4. The carrier is MCSIP step 24, SAFESTAT category A and has an ISS score of 100.

Documents for the record:

  • Motor Carrier Review Board Sheet
  • Horizon Freight May 11, 2006 letter
  • ISS Carrier Snapshot

A motion of No Further Action was made by Dale Hanington and seconded by George Parke. The vote was unanimous.

Thornton Construction. USDOT# 791398.

This was an update on a "B" carrier from the last meeting. Carrier returned their supplement, and staff updated their information. There were no significant changes.

Dale Hanington made the motion for No Further Action and it was seconded by Alan Quinlan. The vote was 4 Board member for the motion and 1 abstention, George Parke.


Top 20 List: (15 only)

  1. Russell Yu, Portland & Portsmouth; DOT# 1167723; Letter A. 7 (4 for log books) violations, 25.9 points. unable to calculate RSR due to no mileage.
  2. Amalgamated Produce Inc, Bridgeport, CT, DOT# 363190; Letter A. 5 violations (4 serious) 26.8 points; RSR 416
  3. L H Garnet & Girls Trans, Steuben, DOT# 675564; Letter A. 6 violations, 15.5 points, RSR 151.
  4. Philip S Bennett, Searsmont. DOT# 988893; Warning Letter. 5 violations, 12.2 points, RSR 45.3
  5. Shelby Transfer Inc, Mars Hill. DOT# 10385661; Letter A. 5 violations, 20.8 points, RSR 44.2
  6. Gainey Transportation Services Inc, Grand Rapids, MI. DOT# 275779; Warning Letter. (with 53 trailer requirements) 13 violations, 44.9 points, RSR 29.8
  7. P & K Sand & Gravel Inc, Naples, DOT# 668260; No Action. 8 violations, 24.8 points, RSR 22.2
  8. Robert W Donahue Trucking Inc, McAdam, NB DOT# 829992; Warning Letter. 5 violations, 27.1 points, RSR 21.7
  9. Transcontinental Refrigerated Lines Inc. Pittston, PA, DOT# 45911; Warning Letter. (with 53 trailer requirements) 15 violations, 67 points, RSR 21.0
  10. LA LaPlante Inc, Van Buren, DOT# 317772: Letter A. 6 violations (4 serious) 34 points, RSR 19.9
  11. United Oil Recovery Inc, Meriden CT, DOT# 331151; Warning Letter. 7 violations, 22.4 points, RSR 19.0
  12. Enpro Services Inc. Newburyport, MA DOT# 315266; Warning Letter. 5 violations, 20.7 points, RSR 17.8
  13. Mackin Dairy Service, Falmouth, DOT# 757970; Warning Letter. 10 violations, 26.8 points, RSR 17.1
  14. A J Murphy Co Inc, Glenburn, DOT# 306639; No Further Action. 13 violations, 41.6 points, RSR 15.1
  15. Caldwell Transport Inc St John NB, DOT# 19175; No Further Action. 18 violations (9 serious), 94.2 points, RSR 9.2

New Business:

Board voted to review list of violations to determine if any should be added or removed. Looking in particular possibly to add speeding in a commercial motor vehicle.


Being no further business a motion was made by George Parke to adjourn the meeting and seconded by Dale Hanington. The Meeting adjourned. 11:26 A. M.


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