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Motor Carrier Review Board
June 15, 2010

The Motor Carrier Review Board met on June 15, 2010.  The meeting was called to order at 9:08 am.

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

Bureau of Motor Vehicles Board Staff in attendance: Angela Giuffrida; Francis Fox; Garry Hinkley; Patrick Malloy.

Maine Attorney General’s Office representative in attendance: Bill Laubenstein.

Guests in the audience: Secretary of State Matthew Dunlap and Deputy Secretary of State Catherine Curtis.

The minutes of the March 23, 2010 Motor Carrier Review Board meeting were approved.
Brian/David - Unanimous

Announcements:

Board Appointments:
Prior to the commencement of the Board meeting Secretary of State Matthew Dunlap was on hand to officially swear in four MCRB members: Brian Parke (new appointment), Bruce Gray (reappointment), Mark Hutchins (reappointment), and Russell Swift (new appointment).  Deputy Secretary of State Catherine Curtis was present for the ceremony.

Garry and Francis gave a brief update on the status of Unified Carrier Registration (UCR) for 2010, Maine’s International Registration Plan (IRP) Peer Review results, the CVIEW implementation, the Automated Commercial Vehicle Screening System in Kittery, plans for the northbound weigh station, and BMV’s computer migration project.

Correspondence:

There were three letters for the Board’s consideration.  The board took each letter under consideration during the respective carrier review.

The Board received a letter:

  • dated April 14, 2010, from Silas C. Ames, Jr., vice-president of SDR Logging, Inc.
  • dated June 1, 2010, from Gilbert Tremblay, President of Tremblay & Levesque Inc.
  • dated June 10, 2010, from Guylaine Bisier and Pascal Lessard, owners of Pascal Lessard Inc.

Review of “A” Carriers:

DTL Inc – USDOT Number 1038812
RSR 50.11; No Further Action; Brian/Bruce - Unanimous
DTL Inc, of Ripley, New York, is an interstate for-hire carrier of general freight operating 10 power units and 14 CDL drivers.

During the review period (June 1, 2008 to May 31, 2009), the carrier had 10 violations (none serious) for a total of 16.8 points, including 1 inoperative lights, 1 inadequate safety device, 4 failure to provide proof of commercial inspection, 1 operating without authority license, 1 operating intrastate commercial without registration, and 2 failure to comply with IRP.  The carrier’s reported Maine mileage is 33,525 miles (IFTA CH) resulting in an RSR of 50.11.

After the review period, the carrier had 5 violations, including 1 defective brake hose, 1 inadequate tires, 1 failure to maintain parts and accessories, 1 failure to provide proof of commercial inspection, and 1 inoperative horn.

The carrier is currently suspended in Maine for failure to appear in court and has been placed out-of-service by the Federal Motor Carrier Safety Administration (8/14/2009).

The carrier has a current Driver SEA of 90.36, a Vehicle SEA of 79.37, and a Safety Management SEA of 99.63.  The carrier is in SafeStat Category B with a MCSIP Step of 57 (targeted - OOS), and an ISS inspection value of 99 (inspect).  This is the carrier’s first full review after a preliminary review in December 2009.

Documents for the record:

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

The carrier did not appear before the Board.

Follow Up of “B” Carriers (From March 23, 2010, Meeting):

Almighty Waste Inc – USDOT 655180
Letter A; David/Patrick - Unanimous
The supplemental questionnaire was received on May 6, 2010.  The carrier did not provide any Maine highway mileage on the questionnaire.  To date, the safety plan the Board requested has not been submitted.
The carrier reported 62,000 Maine miles on its 2010-2011 Maine Only Fuel License Application.  The carrier’s RSR was adjusted to 27.26.

After the preliminary review period (October 1, 2008 to September 30, 2009) the carrier had 29 violations, including 1 unsafe commercial motor vehicle, 1 operating with defective low air warning device, 1 defective steering, 2 excess vehicle weight, 1 unsecured load, 3 defective brake hose, 5 inoperative lights, 5 inadequate tires, 1 defective brake adjustment, 2 inadequate safety device, 3 failure to provide proof of commercial inspection, 1 expired inspection, 1 inadequate fire extinguisher, 1 operating intrastate commercial without registration, and 1 no attachment of plates.

The carrier has a current Accident SEA of 82.04, a Driver SEA of 86.09, a Vehicle SEA of 93.81, and a Safety Management SEA of 89.86.  The carrier’s ISS selection value is still 100 (inspect) and the carrier is still the worst rated intrastate carrier in Maine and the fourth worst nationally.

SDR Logging Inc – USDOT Number 850801
No Further Action; Bruce/Brian – 5 to 1 In Favor
The supplemental questionnaire was received on April 15, 2010; the carrier reported 385,000 Maine miles on the questionnaire which would lower their RSR to 10.94 from 16.84, which was based on reported mileage for calendar year 2008.

The carrier had 29 violations to report after the review period (October 1, 2008 to September 30, 2009), including 1 defective steering, 1 excess weight resulting in a conviction, 4 inadequate brakes, 5 unsecured load, 6 defective brake hose, 1 inoperative lights, 2 inadequate tires, 2 defective brake adjustment, 4 inadequate suspension, 2 failure to provide proof of commercial inspection, and 1 failure to maintain parts or accessories.

The carrier has a current Vehicle SEA of 95.50 and an ISS inspection value of 83 (inspect).

Silas Ames, Jr., VP of SDR Logging Inc. provided a letter for the Board’s consideration.

Maietta Construction Inc – USDOT Number 671385
Letter A; Brian/Russell - Unanimous
The supplemental questionnaire was received on April 22, 2010; no mileage provided.

The carrier had 29 violations to report after the review period (October 1, 2008 to September 30, 2009), including 4 excess vehicle weight, 1 operating over posted weight, 4 inadequate brakes, 1 defective brake hose, 4 inoperative lights, 3 inadequate tires, 4 defective brake adjustment, 1 inadequate suspension, 1 inadequate fire extinguisher, 4 failure to inspect/maintain parts and accessories, and 2 improper battery installation.

The carrier has a current Accident SEA of 48.35, a Vehicle SEA of 92.31, and an ISS inspection value of 81 (inspect).

Kelly Trucking Inc – USDOT Number 363014
No Further Action; Brian/Bruce - Unanimous
The supplemental questionnaire was received on April 13, 2010; the carrier reported 339,513 Maine miles which was less than the mileage reported for IFTA; the RSR was not adjusted.

The carrier had 8 violations after the review period (October 1, 2008 to September 30, 2009), including 7 excess weight and 1 failure to flag an extended load.

The carrier is currently not rated in SafeStat and has an ISS inspection value of 96 (inspect).

 

Top Twenty Carriers (review period 01/01/2009 to 12/31/2009):           

1. Boynton Construction Inc – USDOT Number 782387

RSR 47.48; No Further Action; Brian/Patrick - Unanimous
Boynton Construction Inc, of Washington, Maine is an interstate for-hire carrier of general freight, dry bulk commodities, and refrigerated food operating 5 power units and 4 CDL drivers.

During the review period, the carrier had 9 violations (none serious) for a total of 28.4 points, including 2 defective steering, 1 inadequate brakes, 2 defective brake hose, 1 defective frame, 2 defective brake adjustment, and 1 failure to provide proof of commercial inspection.  The carrier's reported Maine mileage is 59,812 miles (IFTA CH) resulting in an RSR of 47.48.  This is the carrier’s second preliminary review; the first preliminary review resulted in a “No Action” recommendation.

After the review period the carrier had 9 violations, including 1 defective steering, 1 defective brake hose, 3 inoperative lights, 1 inadequate tires, 1 failure to provide proof of commercial inspection, 1 inadequate fire extinguisher, and 1 oil and/or gas leak.

The carrier has a current Driver SEA of 86.61, a Vehicle SEA of 90.11, and a Safety Management SEA of 67.61.  The carrier is in SafeStat Category C, and has a MCSIP Step of 13 (targeted) and an ISS inspection value of 95 (inspect).

2. B & T Pallet Recycling Inc - USDOT Number 529939

RSR 37.18; Letter B; Bruce/David - Unanimous 
B & T Pallet Recycling Inc, of Lewiston, Maine is an intrastate for-hire/private property carrier of wood pallets operating 2 power units and 1 CDL driver.

During the review period, the carrier had 4 violations (non serious) for a total of 10.9 points, including 1 operating with defective low air warning device, 1 inadequate tires, and 2 failure to provide proof of commercial inspection. The carrier’s reported Maine mileage is 29,315 miles resulting in a RSR of 37.18.

The carrier had one accident during the review period.

After the review period, the carrier had 6 violations (none serious), including 2 unsafe commercial motor vehicle, 1 operating with defective low air warning device, 2 inadequate brakes, and 1 inadequate suspension.

The carrier had one injury accident in Maine after the review period.

The carrier has a current Accident SEA of 99.37, a Vehicle SEA of 93.92, and a Safety Management SEA of 84.41.  The carrier is in SafeStat Category A, with a MCSIP Step of 0 (not targeted), and an ISS inspection value of 100 (inspect).  The carrier has the second worst SafeStat score in the state for an intrastate carrier.  This is the carrier’s second preliminary review; the first preliminary review resulted in a “No Action” recommendation.

3. Beaulieu & Son Trucking Inc – USDOT Number 319712

RSR 20.56; Letter B – Bruce/Russell - Unanimous
Beaulieu & Son Trucking Inc, of St. John Plantation, Maine is an interstate for-hire/exempt for-hire carrier of logs, poles, beams, and lumber operating 7 power units and 7 CDL drivers.

During the review period, the carrier had 30 violations (none serious) for a total of 77.0 points, including 1 defective steering, 2 excess vehicle weight, 1 inadequate brakes, 1 unsecured load, 3 inoperative lights, 2 defective brake hose, 5 inadequate tires, 3 defective brake adjustment, 4 inadequate suspension, 1 operating over width, 3 failure to provide proof of commercial inspection, 1 inadequate fire extinguisher, 1 inadequate exhaust, and 2 failure to display name on truck.  The carrier reported 374,464 Maine miles (IFTA CH) resulting in a RSR of 20.56.

The carrier has a current Driver SEA of 98.43, a Vehicle SEA of 97.01, and a Safety Management SEA of 97.35.  The carrier is in SafeStat Category B (2nd worst SafeStat rated interstate carrier in Maine), with a MCSIP Step of 8 (targeted), and an ISS inspection value of 99 (inspect).  This is the carrier’s third preliminary review.  The carrier had a full review in June, 2009, which resulted in a “No Action” recommendation.

4. Kenneth Schuck Trucking Inc – USDOT Number 161476

RSR 338.68; No Further Action; Russell/Brian - Unanimous
Kenneth Schuck Trucking Inc, of Allentown, Pennsylvania, is an interstate for-hire carrier of metal sheets/coils/rolls and large machinery operating 48 power units and 48 drivers.

During the review period, the carrier had 5 violations (none serious) for a total of 7.6 points, including 2 operating beyond overlimit permit, 1 operating intrastate commercial without registration, 1 failure to provide proof of commercial inspection, and 1 failure to comply with IRP.  The carrier's reported Maine mileage is 2,244 miles (IFTA CH) resulting in a RSR of 338.68.

The carrier has a current Accident SEA of 34.98, a Driver SEA of 95.48, and a Vehicle SEA of 90.42.  The carrier is in SafeStat Category B, with a MCSIP Step of 8 (targeted) and an ISS inspection value of 98 (inspect).  This is the carrier’s first preliminary review.

5. Re-Harvest Inc – USDOT Number 1427759

RSR 193.65; Letter B; Bruce/David - Unanimous
Re-Harvest Inc, of Portland, Maine is an interstate private property carrier of recycle materials operating 3 power units and 3 (2 CDL) drivers.

During the review period, the carrier had 22 violations (none serious) for a total of 65.1 points, including 1 unsafe commercial vehicle, 1 defective steering, 3 inadequate brakes, 1 unsecured load, 7 inoperative lights, 1 defective brake hose, 1 defective coupling, 1 defective brake adjustment, 1 inadequate suspension, 4 failure to provide proof of commercial inspection, and 1 operating intrastate commercial without registration.  The carrier reported 33,617 Maine miles (IFTA CH) resulting in a RSR of 193.65.

After the review period, the carrier had 8 violations: 4 inadequate brakes, 1 unsecured load, 1 defective brake hose, 1 defective brake adjustment, and 1 inadequate suspension.

The carrier has a current Vehicle SEA of 95.02.  The carrier is in SafeStat Category F, with a MCSIP Step of 0 (not targeted) and an ISS inspection value of 94 (inspect).  This is the carrier’s first preliminary review.

6. C & C Trucking Inc – USDOT Number 1793369

RSR 76.79; No Further Action; Russell/Bruce - Unanimous
C & C Trucking Inc, of Burlington, Maine is an interstate for-hire carrier of general freight, logs, poles, beams, and lumber operating 3 power units and 3 CDL drivers.

During the review period, the carrier had 14 violations (none serious) for a total of 45.5 points, including 1 defective steering, 1 excess vehicle weight, 1 operating over posted weight, 2 inadequate brakes, 1 unsecured load, 3 defective brake hose, 2 inoperative lights, 1 defective coupling, 1 inadequate tires, and 1 defective brake adjustment.  The carrier’s reported Maine mileage is 59,250 miles (FUID) resulting in a RSR of 76.79.

After the review period the carrier had 1 violation for excess vehicle weight.

The carrier has a current Vehicle SEA of 92.02.  The carrier is in SafeStat Category F with a MCSIP Step of 0 (not targeted) and an ISS inspection value of 94 (inspect).  This is the carrier’s first preliminary review.

7. Laura Gould – USDOT Number 1744100

RSR 60.50; Letter B; Brian/Bruce - Unanimous
Laura Gould, dba LAG Transport, of Wilton, Maine is an interstate for-hire carrier of logs, poles, beams, lumber, bark mulch, and wood chips operating 1 power unit and 1 CDL driver.

During the review period, the carrier had 22 violations (none serious) for a total of 68.5 points, including 2 operating with defective low air warning device, 1 defective steering, 1 speeding in a CMV greater than 14 mph over limit, 1 inadequate brakes, 1 inoperative breakaway device, 2 inoperative lights, 8 defective brake hose, 2 defective equipment, 2 inadequate tires, 1 speeding in a CMV 0-14 mph over limit, 1 failure to provide proof of commercial inspection.  The carrier’s reported Maine mileage is 113,228 miles (IFTA CH) resulting in a RSR of 60.50.

The carrier had one accident during the review period.

After the review period, the carrier had 7 violations, including 4 inoperative lights, 1 dimension violation, 1 failure to provide proof of commercial inspection, and 1 state registration/license plate violation.

The carrier has a current Accident SEA of 93.15, a Driver SEA of 72.61, a Vehicle SEA of 76.92, and a Safety Management SEA of 74.46.  The carrier is in SafeStat Category B, with a MCSIP Step of 12 (targeted), and an ISS inspection value of 98 (inspect).  This is the carrier’s first preliminary review.

8. Sam’s Transportation Inc – USDOT Number 268904

RSR 34.94; Letter B; Bruce/David - Unanimous
Sam’s Transportation Inc, of Georgetown, Massachusetts is an interstate for-hire carrier of garbage, refuse, trash, dry bulk commodities, and demolition material operating 24 power units and 22 CDL drivers.

During the review period, the carrier had 84 violations (one serious) for a total of 259.7 points, including 1 aggravated gross weight (>19%), 3 unsafe commercial vehicle, 2 operating with defective low air warning device, 3 defective steering, 2 excess vehicle weight, 2 speeding in a commercial motor vehicle greater than 14 mph over limit, 1 operating over posted weight, 7 inadequate brakes, 10 defective brake hose, 31 inoperative lights, 2 defective equipment, 9 inadequate tires, 2 defective brake adjustment, 2 failure to display flags/flares, 4 failure to provide proof of commercial inspection, 2 operating without operating authority license, and 1 inadequate fire extinguisher.  The carrier’s reported Maine mileage is 743,368 miles (IFTA CH) resulting in an RSR of 34.94.
 
The carrier had two accidents during the review period.

After the review period, the carrier had 2 violations, including 1 operating over posted weight and 1 inadequate fire extinguisher.

After the review period, the carrier had two accidents.

The carrier has a current Accident SEA of 91.12, a Driver SEA of 66.72, and a Vehicle SEA of 63.51.  The carrier is in SafeStat Category D, with a MCSIP Step of 0 (not targeted) and an ISS inspection value of 92 (inspect).  This is the carrier’s first preliminary review.

9. Bridgewater Farm Supply Company Inc – USDOT Number 31259

RSR 31.89; Letter B; Brian/Russell - Unanimous
Bridgewater Farm Supply Company Inc, of Bridgewater, Massachusetts, is an interstate for-hire/private property carrier of general freight, grain, feed, hay, dry bulk commodities, and farm supplies operating 24 power units and 24 CDL drivers.

During the review period, the carrier had 33 violations (three serious) for a total of 106.1 points, including 1 operating without duty status log, 1 operating over 10/11 hours, 1 operating with unqualified driver, 1 operating without previous 7 days log, 1 unsafe commercial vehicle, 5 excess vehicle weight, 2 operating over posted weight, 3 inoperative lights, 1 defective coupling, 1 defective equipment, 5 inadequate tires, 2 defective brake adjustment, 3 inadequate suspension, 1 speeding in a CMV 0-14 mph over limit, 3 failure to provide proof of commercial inspection, and 2 inadequate fire extinguisher.  The carrier’s reported Maine mileage is 332,664 miles (IFTA CH) resulting in an RSR of 31.89.

The carrier had one accident during the review period.

After the review period, the carrier had one violation for inoperative lights.

The carrier has a current Accident SEA of 20.99, a Driver SEA of 86.03, and a Vehicle SEA of 46.24.  The carrier is in SafeStat Category E, with a MCSIP Step of 0 (not targeted) and an ISS inspection value of 87 (inspect).  This is the carrier’s first preliminary review.

10. Mark Theriault – USDOT Number 1123790

RSR 31.48; Letter B; Patrick/Russell - Unanimous
Mark Theriault, dba T T H, of Eustis, Maine is an interstate for-hire/exempt for-hire carrier of logs, poles, beams, and lumber operating 6 power units and 6 CDL drivers.

During the review period, the carrier had 37 violations (none serious) for a total of 111.2 points, including 9 excess vehicle weight, 13 inoperative lights, 6 defective brake hose, 5 inadequate tires, 2 failure to provide proof of commercial inspection, and 2 inadequate fire extinguisher.  The carrier’s reported Maine mileage is 353,280 miles (IFTA CH) resulting in a RSR of 31.48.

After the review period, the carrier had 9 violations, including 2 excess vehicle weight, 1 operating over posted weight, 1 defective brake hose, 3 inoperative lights, and 2 inadequate tires.

The carrier has a current Driver SEA of 11.63 and a Vehicle SEA of 62.81.  The carrier is not rated in SafeStat and has a MCSIP Step of 0 (not targeted), and an ISS inspection value of 39 (pass).  This is the carrier’s first preliminary review.

11. Tremblay & Levesque Inc – USDOT Number 755125

RSR 27.91; Letter B; Brian/Russell - Unanimous
Tremblay & Levesque Inc, of West Enfield, Maine is an intrastate exempt for-hire/private property carrier of logs, poles, beams, and lumber operating 6 power units and 7 CDL drivers.

During the review period, the carrier had 30 violations (none serious) for a total of 96.9 points, including 1 excess vehicle weight, 10 operating over posted weight, 1 inadequate brakes, 4 unsecured load, 7 inoperative lights, 2 defective brake hose, 3 inadequate tires, 1 failure to display flags/flares, and 1 failure to flag extended load.  The carrier’s reported Maine mileage is 347,188 miles (FUID) resulting in an RSR of 27.91.

The carrier had one injury accident during the review period.

After the review period the carrier had 11 violations, including 2 excess vehicle weight, 3 operating over posted weight, 1 inadequate brakes, 1 unsecured load, 1 defective brake hose, 1 inadequate tires, 1 inadequate defective equipment, and 1 operating over dimension.

The carrier has a current Accident SEA of 74.71 and a Vehicle SEA of 74.43.  The carrier is not rated in SafeStat and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 65 (optional).  This is the carrier’s first preliminary review.

Gilbert Tremblay, President of Tremblay & Levesque Inc., provided a letter for the Board’s consideration.

12. Madden Timberlands – USDOT Number 745776

RSR 26.00; No Further Action; Bruce/Brian - Unanimous
Madden Timberlands Inc, of Old Town, Maine is an intrastate exempt for-hire/private property carrier of logs, poles, beams, lumber, and machinery operating 5 power units and 5 CDL drivers.

During the review period, the carrier had 25 violations (none serious) for a total of 78.0 points, including 2 operating with defective low air warning device, 3 operating over posted weight, 6 inadequate brakes, 2 unsecured load, 1 inoperative lights, 2 defective brake hose, 1 defective coupling, 2 defective equipment, 2 inadequate tires, 2 failure to provide proof of commercial inspection, 1 inadequate fire extinguisher, and 1 inadequate exhaust.  The carrier’s reported Maine mileage is 300,000 miles (FUID) resulting in an RSR of 26.00.

After the review period, the carrier had 5 violations, including 2 operating over posted weight, 1 inoperative lights, 1 defective suspension, and 1 failure to provide proof of commercial inspection.

The carrier has a current Vehicle SEA of 65.28.  The carrier is not rated in SafeStat and has a MCSIP step of 0 (not targeted) and an ISS inspection value of 40 (pass).  This is the carrier’s first preliminary review.

13. Hanington Bros Inc – USDOT Number 320914

RSR 25.23; Letter B; Patrick/Russell - Unanimous
Hanington Bros Inc, of Macwahoc Plantation, Maine is an interstate private property carrier of logs, poles, beams, and lumber operating 9 power units and 9 CDL drivers.

During the review period, the carrier had 32 violations (none serious) for a total of 103.2 points, including 1 defective steering, 3 excess vehicle weight, 1 speeding in a commercial motor vehicle greater than 14 mph over limit, 4 operating over posted weight, 2 inadequate brakes, 3 unsecured load, 5 inoperative lights, 7 defective brake hose, 5 inadequate tires, and 1 operating over height.  The carrier’s reported Maine mileage is 409,005 miles (IFTA CH) resulting in an RSR of 25.23.

The carrier had one injury accident during the review period.

After the review period, the carrier had 19 violations, including 2 excess vehicle weight, 1 operating over posted weight, 1 inadequate brakes, 2 unsecured load, 1 defective brake hose, 6 inoperative lights, 2 inadequate tires, 1 operating over width, 1 speeding in a CMV 0-14 mph over limit, 1 failure to provide proof of commercial inspection, and 1 operating intrastate commercial without registration.

The carrier has a current Vehicle SEA of 47.80.  The carrier is not rated in SafeStat and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 30 (pass).  This is the carrier’s first preliminary review.

14. Sluggo’s Trucking Inc – USDOT Number 601208

RSR 25.01; No Further Action; Patrick/Bruce - Unanimous
Sluggo’s Trucking Inc, of Ashland, Maine is an interstate private property carrier of logs, poles, beams, lumber, and machinery operating 3 power units and 3 CDL drivers.

During the review period, the carrier had 21 violations (none serious) for a total of 65.7 points, including 4 operating over posted weight, 6 inadequate brakes, 1 operating without medical certificate, 2 inoperative lights, 2 defective brake hose, 3 inadequate tires, 1 defective brake adjustment, 1 failure to display flags/flares, and 1 inadequate fire extinguisher.  The carrier’s reported Maine mileage is 262,699 miles (IFTA CH & FUID) resulting in an RSR of 25.01.

The carrier has a current Vehicle SEA of 43.42.  The carrier is not rated in SafeStat and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 28 (pass).  The carrier has had numerous preliminary reviews in the past and three full reviews all resulting in a recommendation of “No Further Action.”

15. L R Hamilton Holdings Inc – USDOT Number 795842

RSR 24.94; Letter B; Russell/Brian - Unanimous
L R Hamilton Holdings Inc, dba L R Hamilton Trucking, of Waite, Maine is an intrastate exempt for-hire/private property carrier of logs, poles, beams, lumber, and machinery operating 10 power units and 10 CDL drivers.

During the review period, the carrier had 52 violations (none serious) for a total of 154.6 points, including 2 defective steering, 3 excess vehicle weight, 3 operating over posted weight, 5 inadequate brakes, 2 unsecured load, 11 inoperative lights, 9 defective brake hose, 2 defective coupling, 6 inadequate tires, 1 defective brake adjustment, 1 inadequate suspension, 1 operating beyond overlimit permit, 5 failure to provide proof of commercial inspection, and 1 inadequate fire extinguisher.  The carrier’s reported Maine mileage is 620,000 miles (FUID) resulting in an RSR of 24.94.

After the review period the carrier had 24 violations, including 2 operating over posted weight, 2 inadequate brakes, 1 defective brake hose, 6 inoperative lights, 1 inadequate/defective equipment, 7 inadequate tires, 1 inadequate suspension, 1 failure to flag extended load, 2 failure to provide proof of commercial inspection, and 1 operating intrastate commercial without registration.

The carrier has a current Driver SEA of 54.43 and a Vehicle SEA of 73.35.  The carrier is not rated in SafeStat, and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 58 (optional).  This is the carrier’s first preliminary review.

 

16. Joel E Theriault Trucking Inc – USDOT Number 588774

RSR 23.08; No Further Action; Brian/Bruce - Unanimous
Joel E Theriault Trucking Inc, of Carmel, Maine is an intrastate private property carrier of logs, poles, beams, and lumber operating 3 power units and 3 CDL drivers.

During the review period, the carrier had 16 violations (none serious) for a total of 51.9 points, including 3 excess vehicle weight, 3 operating over posted weight, 1 inadequate brakes, 5 inoperative lights, 1 defective brake hose, 2 inadequate tires, and 1 speeding in a CMV 0-14 mph over limit.  The carrier’s reported Maine mileage is 224,913 miles (FUID) resulting in an RSR of 23.08.

The carrier is not rated in SafeStat and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 37 (pass).  This is the carrier’s first preliminary review.

17. Pro Bark Incorporated – USDOT Number 734399

RSR 21.80; Letter B; Brian/Patrick - Unanimous
Pro Bark Incorporated, dba Pro Bark, of Plaistow, New Hampshire, is an interstate for-hire/private property carrier of machinery, large objects, wood pellets, and mulch operating 11 power units and 11 (9 CDL) drivers.

During the review period the carrier had 21 violations (none serious) for a total of 70.1 points, including 3 unsafe commercial motor vehicle, 1 excess vehicle weight, 1 operating over posted weight, 2 inadequate brakes, 2 defective brake hose, 5 inoperative lights, 1 inadequate tires, 2 defective brake adjustment, 1 inadequate suspension, 1 failure to provide proof of commercial inspection, 1 inadequate fire extinguisher, and 1 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 321,577 miles (IFTA CH) resulted in an RSR of 21.80.

The carrier had two injury accidents during the review period.

After the review period, the carrier had 16 violations, including 5 inadequate brakes, 2 unsecured load, 2 inoperative lights, 2 inadequate tires, 1 defective brake adjustment, 2 inadequate suspension, 1 inadequate fire extinguisher, and 1 oil and/or gas leak.

The carrier has a current Driver SEA of 49.32, a Vehicle SEA of 74.43, and a Safety Management SEA of 89.86.  The carrier is SafeStat category G with a MCSIP Step of 13 (targeted) and an ISS inspection value of 70 (optional).  This is the carrier’s second preliminary review; the carrier was issued a warning letter after the first review.

18. Pascal Lessard Inc – USDOT Number 876929
RSR 20.40; No Further Action; Russell/Bruce - Unanimous
Pascal Lessard Inc, of Adamstown, Maine, is an interstate for-hire carrier of general freight, metal sheets/coils/rolls, logs, poles, beams, lumber, building materials, and paper products operating 8 power units and 8 drivers.

During the review period the carrier had 18 violations (one serious) for a total of 67.3 points, including 1 operating with unqualified driver, 8 excess vehicle weight, 4 operating over posted weight, 2 unsecured load, 1 defective brake hose, 1 inoperative lights, and 1 failure to provide evidence of insurance.  The carrier’s reported Maine mileage is 329,911 miles (IFTA CH) resulted in an RSR of 20.40.

After the review period the carrier had 3 violations for excess vehicle weight.

The carrier had one accident after the review period.

The carrier has a current Driver SEA of 46.40 and a Vehicle SEA of 16.85.  The carrier is not rated in SafeStat and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 29 (pass).  This is the carrier’s first preliminary review.

Guylaine Bisier and Pascal Lessard, owners of Pascal Lessard Inc, submitted a letter for the Board’s consideration.

19. J L Brochu Inc – USDOT Number 670540
RSR 17.70; No Further Action; Patrick/Brian - Unanimous
J L Brochu Inc, dba Flagstaff Construction, of Stratton, Maine, is an interstate for-hire/private property carrier of logs, poles, beams, and lumber operating 14 power units and 4 CDL drivers.

During the review period the carrier had 13 violations (none serious) for a total of 41.3 points, including 4 excess vehicle weight, 4 unsecured load, 1 inoperative lights, 2 defective brake hose, 1 operating over width, and 1 inadequate fire extinguisher.  The carrier’s reported Maine mileage is 233,315 miles (IFTA CH) resulted in an RSR of 17.70.

After the review period the carrier had 7 violations, including 2 inadequate brakes, 1 unsecured load, 1 inoperative lights, 1 defective brake adjustment, 1 inadequate suspension, and 1 failure to provide proof of commercial inspection.

The carrier has a current Vehicle SEA of 83.47.  The carrier is in SafeStat category F, with a MCSIP Step of 0 (not targeted) and an ISS inspection value of 78 (inspect).  This is the carrier’s first preliminary review.

20. Prentiss & Carlisle Company Inc – USDOT Number 675506
RSR 16.31; No Further Action; Russell/David - Unanimous
Prentiss & Carlisle Company Inc, of Enfield, Maine, is an intrastate private property carrier of logs, poles, beams, lumber, wood chips, and machinery operating 13 power units and 7 CDL drivers.

During the review period the carrier had 9 violations (none serious) for a total of 32.8 points, including 2 excess vehicle weight, 5 operating over posted weight, 1 defective brake hose, and 1 inoperative lights.  The carrier’s reported Maine mileage is 201,060 miles (FUID) resulted in an RSR of 16.31.

The carrier has a current Vehicle SEA of 39.68.  The carrier is not rated in SafeStat and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 26 (pass).  This is the carrier’s first preliminary review.

Old Business:

Update on suspended carriers:
Peter M. Tufts (USDOT 610576) – still under MCRB suspension.

Brad McKechnie, dba Boyz Express (USDOT 913527) – still under MCRB suspension until an acceptable safety plan is submitted to the Board.

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

New Business:

Brian suggested that the Board invite a representative from Maine State Police Commercial Enforcement to talk to the Board about commercial vehicle inspection report violations and answer questions pertaining to the inspection report and citations.  Garry agreed to contact Lt. Tom Kelly about coming to the December 2010 meeting.

Garry addressed the Board and questioned whether or not the Board would like to continue with the new selection process for the Top Twenty.  (At the last meeting the Board decided that the relative severity ratings for the Top Twenty would be calculated based on all violations for a carrier, not just adjudicated violations, and the process would be evaluated at today’s meeting.)  The Board agreed that the selection process based on all violations should continue.

Garry also spoke briefly about CSA 2010 and how there would be a need in the future to make sure that the Board’s relative severity factor ratings were in sync with the severity ratings under CSA 2010.  Francis also indicated that it might be problematic to map all the inspection report violations under CSA 2010 to the Board’s current relative severity factor ratings.  It was noted that the Board’s relative severity factor ratings may need to be updated in the future.  Mark stated that the Board would entertain any recommendation put forth by the Board staff.

Patrick (Sirois) requested that Board staff provide an orientation program on the Top Twenty selection process for the benefit of new Board members.  It was agree that an orientation would precede the September 28, 2010 Board meeting.

Next Meeting Date:

September 28, 2010 – Bureau of Motor Vehicles Executive Conference Room
8:00 am – 9:00 am        Orientation to the MCRB Selection Process (MCRB Board)
9:00 am                        Motor Carrier Review Board Meeting

A motion to adjourn the meeting was made at 11:47 am; David/Bruce - Unanimous