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Motor Carrier Review Board
June 14, 2011

Board Members Present:

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


BMV Staff Present:

Garry Hinkley; Francis Fox; Patrick Malloy; and Angela Giuffrida


Attorney General's Office:

Bill Laubenstien


The Motor Carrier Review Board met on June 14, 2011.  The meeting was called to order at 8:13 AM.

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

Announcements:

There were no announcements.

Correspondence:

The Board received five pieces of correspondence for consideration:

  • A faxed mileage report sent March 28, 2011 by Melissa Ferland on behalf of Almighty Waste Inc;
  • A petition for judicial review submitted April 12, 2011 by Michael L. DuBois, P.A., attorney for Almighty Waste Inc.;
  • A letter sent June 10, 2011 signed by Troy T. Dunphy, President of T.T. Dunphy Inc;
  • An email received June 13, 2011 from Joe Gould, Manager of Sunrise Farms, on behalf of Jo Ann Gould, dba Sunrise Farms; and
  • A notarized statement dated June 13, 2011 from Silas Hyler, owner of Hyler Trucking LLC.

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

Review of “A” Carriers:

Almighty Waste Inc – USDOT 655180
RSR 15.07; Continuance (6 months) with the following conditions: the carrier is to appear before the Board in December 2011 (meeting date TBD); prior to appearing before the Board the carrier is to submit a narrative to the Board detailing the steps taken and the progress made reducing safety violations for Almighty Waste Inc, Ace Professional Towing, and Almighty Recycling; and the stay of suspension remains in effect until the carrier appears before the Board; Brian/David – 6 to 1 In Favor

Almighty Waste Inc, of Auburn, Maine, is an intrastate non-hazmat for-hire carrier of garbage, refuse, and trash operating 4 power units (from MCMIS) and 4 CDL drivers (from MCMIS).

The chronology of events leading to this review is as follows:

A preliminary review of the carrier was held on March 23, 2010. The board issued a warning letter (Letter B) and requested additional supplemental information along with a copy of the carrier’s safety plan.  The warning letter and request for additional information was sent on March 24, 2010 via FedEx and receipt was acknowledged on March 29, 2010.  A second request for information was sent by first class mail and fax on April 28, 2010.  The carrier’s supplemental questionnaire was received on May 6, 2010.

On June 15, 2010 the Board held a follow up hearing (Letter B review) on the carrier.  The carrier had not submitted a safety plan as requested.  The carrier submitted a supplemental questionnaire, but no Maine highway mileage was reported.  The Board recommended a full review of the carrier (Letter A).  The hearing notice and request for additional information (safety plan) was sent on June 16, 2010 via FedEx and receipt was acknowledged on June 21, 2010.  The carrier’s safety plan was received on July 19, 2010.  A call was placed to the carrier on September 24, 2010 to inquire whether the carrier would be at the September 28, 2010 Board meeting.  The call was not answered; a message was left for the carrier.

On September 28, 2010 the Board held a full review.  The carrier was not in attendance.  The carrier’s safety plan was reviewed by the Board. The carrier reported 62,000 Maine miles (2009 calendar year) on its 2010-2011 Maine Only Fuel License Application which was used to calculate the RSR of 135.16 since no mileage was provided on the supplemental questionnaire.  The Board recommended a continuance of the full review along with a suspension to take effect after its December 14, 2010 Board meeting if the carrier did not appear in person before the Board to answer questions posed by the Board and did not submit, within 30 days of the request, an updated supplemental questionnaire with Maine mileage for the review period, an equipment list with detailed vehicle information, and a thorough explanation as to exactly what steps the carrier was taking to improve vehicle maintenance and safety.

A notice of suspension was mailed to the carrier on October 6, 2010.  Upon request of the carrier’s attorney, the notice of suspension was revised to start the 30 day appeal period on the suspension date of December 15, 2010.  The revised notice was mailed on October 12, 2010.  The carrier submitted an updated questionnaire, an equipment list, and a letter which addressed steps taken to improve maintenance and safety on November 16, 2010.  The carrier reported 257,273 Maine miles on the questionnaire which was in conflict with the mileage reported on the carrier’s 2010-2011 Maine Only Fuel License Application.

The Board continued the full review of Almighty Waste Inc. at its December 14, 2010 meeting.  Mr. Ferland was present to testify and answer questions on behalf of Almighty Waste Inc.  The Board again voted to continue the full review until its March 15, 2011 meeting and asked the carrier to provide updated mileage for all fleets operated during the review period.  (Mr. Ferland had testified that violations for his other companies were almost always assigned to the USDOT Number for Almighty Waste Inc.)

The carrier sent a mileage report dated January 25, 2010 listing 61,451 Maine miles.  A staff member spoke with Mrs. Ferland via phone after the submission and explained that the reported mileage needed to be for all their companies operated during the review period, not just Almighty Waste Inc.  The combined mileage information was not provided prior to the March 15, 2011 meeting.

The Board continued the full review of Almighty Waste Inc at its March 15, 2011 meeting.  The carrier was not represented at the meeting.  The Board unanimously voted to make a recommendation to the Secretary of State that the carrier’s privilege to operate commercial vehicles in the State of Maine be suspended for a period of 14 days based on the carrier’s violation history, FMCSA’s safety ratings, and the carrier’s operating record.

On March 24, 2011 the Secretary of State elected to adopt the recommendation of the Board and issued a Notice of Suspension to Almighty Waste Inc., effective April 8, 2011.  On March 28, 2011 Almighty Waste Inc. faxed a corrected mileage report listing 421,406 Maine miles (2009) for Ace Professional Towing and 289,820 Maine miles (2009) for Almighty Waste Inc.  On March 31, 2011 the carrier’s attorney sent a letter to the Secretary of State indicating intent to petition for judicial review and requesting a stay of suspension pending judicial review.  On April 6, 2011 Deputy Secretary of State Thomas Arnold sent a letter to the carrier granting a stay of suspension pending judicial review.  On April 11, 2011 the carrier’s attorney filed a petition for judicial review with the Androscoggin County Superior Court asserting the Board “issued the suspension based on erroneous data provided regarding fleet mileage”, the Board failed to accept corrected mileage provided by Almighty Waste Inc after notice of the suspension, and the Board abused its discretion in failing to reconsider its decision after receiving the corrected mileage.

The Court remanded the case back to the Board for consideration of the updated mileage and further proceedings.

Updated MCRB Summary Information:

Almighty Waste Inc
During the review period (October 1, 2008 to September 30, 2009) the carrier had 17 violations (none serious) for a total of 49.20 points, including 4 inadequate brakes, 1 unsecured load, 4 defective brake hose, 1 inoperative lights, 2 inadequate defective equipment, 3 inadequate tires, and 2 inadequate fire extinguisher.  The carrier’s reported Maine mileage is 289,820 miles (Carrier’s Report) resulting in an RSR of 16.98.

The carrier had one tow-away accident during the review period.

After the review period the carrier had 28 violations (none serious), including 1 defective steering, 2 excess vehicle weight, 4 inadequate brakes, 1 unsecured load, 1 defective brake hose, 3 inoperative lights, 2 inadequate defective equipment, 7 inadequate tires, 2 defective brake adjustment, 1 inadequate safety device, 1 failure to provide proof of commercial inspection, 1 inadequate fire extinguisher, 1 expired inspection, and 1 operating intrastate commercial without registration.

The carrier has a current Vehicle Maintenance BASIC of 80.4 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 50 (optional).

Ace Professional Towing
During the review period (October 1, 2008 to September 30, 2009) the carrier had 19 violations (none serious) for a total of 58.00 points, including 2 operation with defective low air warning, 1 defective steering, 1 excess vehicle weight, 1 speeding in a commercial motor vehicle greater than 14 mph over limit, 1 unsecured load, 5 inoperative lights, 3 inadequate defective equipment, 1 inadequate tires, 1 inadequate suspension, 1 failure to display flags/flares, and 2 inadequate fire extinguisher.  The carrier’s reported Maine mileage is 421,406 miles (Carrier’s Report) resulting in an RSR of 13.76.

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

After the review period the carrier had 5 violations (none serious), including 2 inadequate tires, 1 inadequate fire extinguisher, 1 expired inspection, and 1 operating without ID device.

Almighty Waste Inc/Ace Professional Towing
During the review period (October 1, 2008 to September 30, 2009) the carrier had 36 violations (none serious) for a total of 107.20 points, including 2 operation with defective low air warning, 1 defective steering, 1 excess vehicle weight, 1 speeding in a commercial motor vehicles greater than 14 mph over limit, 4 inadequate brakes, 2 unsecured load, 4 defective brake hose, 6 inoperative lights, 5 inadequate defective equipment, 4 inadequate tires, 1 inadequate suspension, 1 failure to display flags/flares, and 4 inadequate fire extinguisher.  The carrier’s reported Maine mileage is 711,226 miles (Carrier’s Report) resulting in an RSR of 15.07.

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

After the review period the carrier had 34 violations (none serious), including 1 defective steering, 2 excess vehicle weight, 4 inadequate brakes, 1 unsecured load, 1 defective brake hose, 3 inoperative lights, 2 inadequate defective equipment, 9 inadequate tires, 2 defective brake adjustment, 1 inadequate safety device, 1 failure to provide proof of commercial inspection, 2 inadequate fire extinguisher, 3 expired inspection, 1 operating intrastate commercial without registration, and 1 operating without ID device.

The carrier has a current Vehicle Maintenance BASIC of 80.4 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 50 (optional).

The carrier had two full reviews (September 2002 and August 2003), each with one or more continuances.  Both reviews ended in a “No Further Action” finding.

Documents for the record:

  1. MCRB Summaries: Almighty Waste Inc, Ace Professional Towing, Almighty Waste Inc/Ace Professional Towing Combined
  2. Carrier’s Faxed Mileage Update
  3. MCMIS Safety Profile
  4. Safety Measurement System History
  5. Query Central Snapshot

Scott Ferland, owner of Almighty Waste Inc and several related entities, was present to testify on behalf of the company.  Mr. Ferland explained the situations surrounding some of the recent violations and the steps the company has recently taken to improve the company’s violation history.  The company now has two full time mechanics working in the maintenance garage and one part time employee who is doing walk-around inspections.  Mr. Ferland personally test drives the vehicles to check for defects the drivers haven’t reported.  The company is also moving resources to help with some of the administrative paperwork.  The Board offered Mr. Ferland some suggestions for improving driver cooperation in reporting defects such as progressive discipline for drivers and a driver’s reward program.

Horse Logging Inc – USDOT Number 670641
RSR 473.45; No Action; Alan/Bruce – 6 to 1 In Favor

Horse Logging Inc, of Athens, Maine is an intrastate non-hazmat private property carrier of logs, poles, beams, and lumber operating 4 power units and 2 CDL drivers.

During the review period (April 1, 2009 to March 31, 2010), the carrier had 93 violations (none serious) for a total of 260.40 points, including 1 operation with defective low air warning, 2 defective steering, 6 excess vehicle weight, 4 inadequate brakes, 1 unsecured load, 21 defective brake hose, 16 inoperative lights, 2 defective frame, 8 inadequate defective equipment, 4 inadequate tires, 2 defective brake adjustment, 16 inadequate suspension, 1 failure to provide evidence of insurance, 3 failure to provide proof of commercial inspection, 2 inadequate fire extinguisher, 1 expired inspection, 2 operating intrastate commercial without registration, and 1 failure to display fuel decal.  The carrier’s reported Maine mileage is 55,000 miles (Carrier’s Report) resulting in an RSR of 473.45.

After the review period the carrier had 11 violations (none serious), including 1 defective brake hose, 4 inoperative lights, 1 inadequate defective equipment, 1 inadequate tires, and 4 inadequate suspension.

The carrier has a current Vehicle Maintenance BASIC of 99.4 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 57 (optional).  This is the carrier’s first full review.

Following the Board’s Letter B recommendation at its September 28, 2010 meeting, the carrier was sent a warning letter and a request for supplemental information via FedEx on October 5, 2010; the carrier refused the FedEx package on October 8, 2010.  Following the Board’s Letter A recommendation at its December 14, 2010 meeting, the carrier was sent a notice of review and a request for supplemental information via FedEx on December 17, 2010; the package was delivered and signed for on December 18, 2010.  A second request for supplemental information was sent by first class mail and fax on January 20, 2011.  The carrier did not respond to the Board’s request for additional information (supplemental questionnaire).

The carrier was contacted by phone on March 9, 2011.  The carrier stated that he did not have time to complete the supplemental questionnaire or to appear before the Board at its March 15, 2011 meeting.  He explained he was a small company with only two drivers and needed to operate at night because the roads were posted.  The carrier stated that this was his busy time and in a couple of weeks he could be available.  The carrier asked for more time and was told his request would be brought to the Board’s attention.

The Board granted Horse Logging Inc a continuance at its March 15, 2011 meeting.  On March 16, 2011 the carrier was sent a continuance letter along with a request for supplemental information via FedEx.  The letter was delivered on March 18, 2011 and receipt was acknowledged.  A second request for supplemental information was sent via first class mail on April 15, 2011.  The carrier’s supplemental information was received on April 27, 2011.  The carrier reported 55,000 Maine miles which reduced the RSR to 473.45.

Documents for the record:

  1. MCRB Summary
  2. Supplemental Information Form
  3. MCMIS Safety Profile
  4. Safety Measurement System History
  5. Query Central Snapshot

Gerhard Grignon, owner of Horse Logging Inc, was present to testify on behalf of the company.  Mr. Grignon does all the maintenance work for his company.  He explained the situations surrounding some of the recent violations and the steps the company has recently taken to prevent future violations. Mr. Grignon explained that inoperative lights are a constant problem when operating in the woods.  He has recently installed lifetime wiring systems on several of his trailers, switched to LED bulbs, and made substantial modifications to the trailers to protect the lighting systems from damage.  The Board commented that it was evident from Mr. Grignon’s testimony that he takes the maintenance of his equipment seriously.

Jonathan Coburn – USDOT Number 771815
RSR 40.85; Recommended indefinite suspension based on the carrier’s operating record until the carrier submits a supplemental questionnaire and appears before the Board; Brian/Russell - Unanimous

Jonathan Coburn, dba RMC Trucking, of Winn, Maine is an interstate exempt for-hire carrier of logs, poles, beams, and lumber operating 5 power units and 3 CDL drivers.

During the review period (October 1, 2009 to September 30, 2010), the carrier had 36 violations (two serious) for a total of 99.50 points, including 1 falsifying log book, 1 operating without duty status log, 1 operation with defective low air warning, 1 operating over posted weight, 1 inadequate brakes, 8 inoperative lights, 1 defective frame, 4 inadequate defective equipment, 9 inadequate tires, 1 failure to provide evidence of insurance, 2 failure to provide proof of commercial inspection, 1 inadequate exhaust, and 5 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 243,591 miles (IFTA CH) resulting in an RSR of 40.85.

After the review period the carrier had 22 violations (none serious), including 1 defective steering, 1 speeding in a CMV greater than 14 mph over limit, 1 inadequate brakes, 3 defective brake hose, 1 defective frame, 1 inoperative lights, 1 inadequate defective equipment, 5 inadequate tires, 1 inadequate suspension, 1 failure to provide proof of commercial inspection, 5 operating intrastate commercial without registration, and 1 failure to display fuel decal.

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

The carrier has eight FTA/FTP suspensions and one UCR suspension.

At the time of the carrier’s March 15, 2011 preliminary review, the carrier had a Fatigued Driving BASIC of 96.7 (Monitor Status), a Driver Fitness BASIC of 97.2 (Monitor Status), a Vehicle Maintenance BASIC of 96.9 (Monitor Status), and a Crash Indicator of 87.4 (Monitor Status).  The carrier had a MCSIP Step of 0 (not targeted) and an ISS inspection value of 99 (inspect).  The carrier’s USDOT Number was made inactive on March 25, 2011 so the carrier has no current Safety Measurement System scores.

Following the Board’s Letter A recommendation at its March 15, 2011 meeting, the carrier was sent a notice of review and a request for supplemental information via FedEx on March 16, 2011.  The notice was delivered to the carrier on March 17, 2011 and receipt was confirmed by FedEx.  A second notice and request for information was sent via first class mail on April 15, 2011.  The carrier has not submitted a supplemental questionnaire to date.

Documents for the record:

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

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

Garth Bailey - USDOT Number 1169800
The warning letter and supplemental request was sent via FedEx on March 16, 2011 and delivered to the carrier on March 17, 2011.  A second request for information was sent by first class mail on April 15, 2011.  The carrier’s supplemental questionnaire was received on April 20, 2011.  There are no changes to report other than the carrier is currently under a Federal OOS order and is leased on to another carrier.

Hyler Trucking LLC – USDOT Number 1448743
The warning letter and supplemental request was sent via FedEx on March 16, 2011 and delivered to the carrier on March 17, 2011.  A second request for information was sent by first class mail on April 15, 2011.  The supplemental questionnaire has not been received to date.  The carrier’s USDOT Number was inactivated by FMCSA on March 18, 2011 and the carrier has provided the Board with a notarized statement indicating that the company has been out-of-business since December 2010.

MDP Transportation Inc – USDOT Number 612634
The warning letter and supplemental request was sent via FedEx on March 16, 2011 and delivered to the carrier on March 22, 2011.  The carrier’s supplemental questionnaire was received on April 12, 2011.  The carrier reported updated Maine mileage of 404,233 miles resulting in a recalculated RSR of 34.63, down from 45.51.

There are no new violations to report.  The carrier’s Vehicle Maintenance BASIC is 92.3 (Monitor Status), down slightly from the 95.1 previously reported.

Linkletter Trucking Inc – USDOT Number 673530
The warning letter and supplemental request was sent via FedEx on March 16, 2011 and delivered to the carrier on March 17, 2011.  The carrier’s supplemental questionnaire was received on April 5, 2011.  The carrier reported updated Maine mileage of 927,953 miles resulting in a recalculated RSR of 18.66, down from 26.94.

The carrier has a current Unsafe Driving BASIC of 32.5, Vehicle Maintenance BASIC of 89.2 (Monitor Status), and a Crash Indicator BASIC of 89.8 (Monitor Status); the carrier has a MCSIP Step of 0 (not targeted), and an ISS inspection value of 96 (inspect).

Top 20 Carriers (for the review period of 01/01/2010 to 12/31/2010):

1. Tyler Transportation LLC – USDOT Number 508117

RSR 744.63; Letter B; Brian/Russell - Unanimous
Tyler Transportation LLC, of Largo, Florida is an interstate for-hire carrier of general freight, fresh produce, meat, refrigerated food, beverages, and paper products operating 2 power units and 2 CDL drivers.

During the review period the carrier had 25 violations (none serious) for a total of 66.60 points, including 1 log not current, 5 inadequate brakes, 4 inoperative lights, 2 defective brake hose, 1 inadequate defective equipment, 3 inadequate tires, 2 defective brake adjustment, 1 operating without medical certificate, 1 failure to provide proof of commercial inspection, 2 evasion of registration fees/taxes, 1 illegal attachment of plates, 1 operating intrastate commercial without registration, and 1 failure to comply with IRP.  The carrier’s reported Maine mileage is 8,944 miles (IFTA CH) resulting in an RSR of 744.63.

The carrier currently is suspended for five court FTA/FTP’s.

The carrier has a current Unsafe Driving BASIC of 63.0, a Fatigued Driving BASIC of 99.2 (Monitor Status), a Driver Fitness BASIC of 83.2 (Monitor Status), a Controlled Substances and Alcohol BASIC in Monitor Status, a Vehicle Maintenance BASIC of 99.4 (Monitor Status), and a Crash Indicator of 89.6 (Monitor Status).  The carrier has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 100 (inspect).  The carrier had an FMCSA compliance review on August 10, 2010 and received a Conditional rating.  This is the carrier’s first preliminary review.

2. Gray Meadows Trucking Inc – USDOT Number 753800

RSR 231.30; No Action; Brian/Patrick – 6 to 0 In Favor with 1 Absentee  
Gray Meadows Trucking Inc, of Gray, Maine is an interstate for-hire carrier of general freight, metal (sheets, coils, and rolls), motor vehicles, building materials, machinery, and intermodal containers operating 1 power unit and 2 CDL drivers.

During the review period the carrier had 11 violations (none serious) for a total of 26.00 points, including 4 unsecured load, 1 inoperative lights, 2 inadequate tires, 1 operating over width, 2 failure to display name on truck/tractor, and 1 failure to comply with IRP.  The carrier’s reported Maine mileage is 11,241 miles (IFTA CH) resulting in an RSR of 231.30.

The carrier is not rated in the Safety Measurement System and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 34 (pass).  This is the carrier’s first preliminary review.

3. James B Kintner Jr – USDOT Number 756744

RSR 148.31; No Action; Russell/Brian - Unanimous
James B Kintner, Jr., of Mars Hill, Maine is an interstate for-hire carrier of general freight, building materials, fresh produce, meat, US Mail, refrigerated food, beverages, and paper products operating 1 power unit and 2 CDL drivers.

During the review period the carrier had 16 violations (none serious) for a total of 47.80 points, including 1 log not current, 3 excess vehicle weight, 4 inoperative lights, 2 inadequate defective equipment, 4 inadequate tires, 1 failure to provide proof of commercial inspection, and 1 inadequate fire extinguisher.  The carrier’s reported Maine mileage is 32,230 miles (IFTA CH) resulting in an RSR of 148.31.

The carrier is currently suspended for failure to comply with UCR and 1 court FTA/FTP.

The carrier has a current Fatigued Driving BASIC of 73.0 (Monitor Status) and a Vehicle Maintenance BASIC of 99.5 (Monitor Status).  The carrier has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 88 (inspect).  This is the carrier’s first preliminary review.

4. Brett E Davis – USDOT Number 772155

RSR 135.44; Letter B; Brian/David - Unanimous
Brett E Davis, dba BE Davis and Son Transportation, of Canaan, Maine is an interstate exempt for-hire carrier of logs, poles, beams, lumber, liquids/gases, garbage, refuse, and trash operating 1 power unit and 1 CDL driver.

During the review period the carrier had 24 violations (one serious) for a total of 61.60 points, including 1 unqualified driver, 1 defective steering, 2 excess vehicle weight, 2 inadequate brakes, 2 inoperative lights, 1 defective brake hose, 2 inadequate defective equipment, 1 inadequate tires, 2 inadequate suspension, 1 operating without medical certificate, 1 failure to provide evidence of insurance, 1 evasion of registration fees/taxes, 1 expired inspection, 2 illegal attachment of plates, 2 inadequate exhaust, 1 failure to display name on truck/tractor, and 1 failure to display fuel decal.  The carrier’s reported Maine mileage is 45,480 miles (IFTA CH) resulting in an RSR of 135.44.

After the review period the carrier had 9 violations, including 1 defective steering, 3 inoperative lights, 2 inadequate defective equipment, and 3 inadequate tires.

The carrier has a Fatigued Driving BASIC of 38.9, a Controlled Substances and Alcohol BASIC in Monitor Status, and a Vehicle Maintenance BASIC of 97.7 (Monitor Status).  The carrier has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 91 (inspect).  This is the carrier’s second preliminary review.  The carrier was issued a warning letter in December 2009.

5. Jason Taylor – USDOT Number 1497374

RSR 131.72; No Action; Patrick/Bruce; 6 to 1 In Favor
Jason Taylor, dba Jason Taylor & Daughter Trucking, of Norridgewock, Maine is an interstate exempt for-hire carrier of logs, poles, beams, lumber, machinery, wood bark, and wood chips operating 1 power unit and 1 CDL driver.

During the review period the carrier had 36 violations (none serious) for a total of 100.60 points, including 1 excess vehicle weight, 1 speeding in a commercial motor vehicle greater than 14 mph over limit, 1 unsecured load, 13 defective brake hose, 3 inoperative lights, 2 inadequate defective equipment, 1 defective coupling, 2 inadequate tires, 2 defective brake adjustment, and 10 inadequate suspension.  The carrier’s reported Maine mileage is 76,377 miles (IFTA CH) resulting in an RSR of 131.72.

After the review period the carrier had 7 violations, including 2 excess weight, 1 unsecured load, 2 inoperative lights, 1 inadequate tires, and 1 failure to flag an extended load.

The carrier has a current Vehicle Maintenance BASIC of 96.5 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 56 (optional).  This is the carrier’s first preliminary review.

6. Down East Disposal LLC – USDOT Number 1651512

RSR 117.08; Letter B; Patrick/Bruce - Unanimous
Down East Disposal LLC, of Calais, Maine is an interstate exempt for-hire carrier of garbage, refuse, and trash operating 4 power units and 5 drivers (4 CDL).

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

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

After the review period the carrier had 8 violations, including 1 inadequate brakes, 1 unsecured load, 1 inoperative lights, 1 inadequate defective equipment, 2 defective brake adjustment, 1 failure to correct previous defects, and 1 improper door marking.

The carrier has a Vehicle Maintenance BASIC of 84.0 (Monitor Status), a Cargo-Related BASIC of 92.8 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 88 (inspect).  This is the carrier’s first preliminary review.

7. Jeffrey R Richards – USDOT Number 2032352

RSR 84.91; Letter B; Patrick/David - Unanimous
Jeffrey R Richards, dba Trucking Unlimited, of Vassalboro, Maine is an interstate carrier (not authorized) of crushed automobiles operating 2 power units and 2 CDL drivers.

During the review period the carrier had 33 violations (two serious) for a total of 98.50 points, including 1 falsifying log book, 1 operating motor vehicle over 10/11 hours, 2 defective steering, 2 inadequate brakes, 4 unsecured load, 4 defective brake hose, 1 inoperative lights, 1 defective frame, 4 inadequate defective equipment, 5 inadequate tires, 2 defective brake adjustment, 1 inadequate suspension, 1 failure to provide proof of commercial inspection, 1 inadequate fire extinguisher, 1 operating intrastate commercial without registration, 1 failure to display name on truck/tractor, and 1 failure to comply with IRP.  The carrier’s reported Maine mileage is 116,000 miles (IFTA CH) resulting in an RSR of 84.91.

After the review period the carrier had 14 violations, including 1 inadequate brakes, 1 unsecured load, 2 defective brake hose, 1 inoperative lights, 3 inadequate defective equipment, 1 inadequate tires, 2 defective brake adjustment, 1 inadequate suspension, 1 failure to provide proof of commercial inspection, and 1 operating intrastate commercial without registration.

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

The carrier has a current Fatigued Driving BASIC of 92.6 (Monitor Status), a Driver Fitness BASIC in Monitor Status, a Controlled Substances and Alcohol BASIC in Monitor Status, and a Vehicle Maintenance BASIC of 94.6 (Monitor Status).  The carrier has a MCSIP Step of 22 (targeted) and an ISS inspection value of 100 (inspect).  This is the carrier’s first preliminary review.

8. Newport Transportation LLC – USDOT Number 1158543

RSR 84.12; Letter B; Brian/Bruce - Unanimous
Newport Transportation LLC, of Newport, Maine is an interstate private property carrier of metal (sheets, coils, and rolls), motor vehicles, and scrap metal operating 2 power units and 2 CDL drivers.

During the review period the carrier had 33 violations (one serious) for a total of 88.70 points, including 1 aggravated gross weight (>19%), 1 operation with defective low air warning, 1 excess vehicle weight, 2 inadequate brakes, 2 unsafe semitrailer, 1 unsecured load, 1 defective frame, 3 inoperative lights, 1defective brake hose, 4 inadequate defective equipment, 3 inadequate tires, 3 inadequate suspension, 1 operating over width, 1 operating over height, 1 failure to display flags/flares, 1 failure to provide evidence of insurance, 1 inadequate fire extinguisher, 1 operating intrastate commercial without registration, 1 failure to display name on truck/tractor, 1 failure to display fuel decal, and 2 failure to display DOT/MC number.  The carrier’s reported Maine mileage is 105,445 miles (IFTA CH) resulting in an RSR of 84.12.

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

After the review period the carrier had 21 violations, including 2 defective steering, 1 inadequate brakes, 1 unsecured load, 4 defective brake hose, 7 inoperative lights, 1 inadequate defective equipment, 1 inadequate tires, 1 inadequate suspension, 1 failure to display flags/flares, 1 inadequate exhaust, and 1 failure to display fuel decal.

The carrier has a current Vehicle Maintenance BASIC of 88.4 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS selection value of 53 (optional).  This is the carrier’s second preliminary review.  The first review resulted in a ‘No Action’ finding.

9. Long Ridge Products – USDOT Number 298937

RSR 76.48; Letter B; Patrick/Brian - Unanimous
Long Ridge Products, of Burlington, Maine is an interstate for-hire carrier of logs, poles, beams, lumber, garbage, refuse, and trash operating 1 power unit and 1 CDL driver.

During the review period the carrier had 28 violations (two serious) for a total of 81.10 points, including 1 operation with defective fuel system, 1 no brake pressure, 5 inadequate brakes, 2 defective brake hose, 3 inadequate tires, 7 defective brake adjustment, 8 inadequate suspension, and 1 inadequate exhaust.  The carrier’s reported Maine mileage is 106,037 miles (IFTA CH) resulting in an RSR of 76.48.

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

10. Orland Dwelley & Son Inc – USDOT Number 737458

RSR 70.80; No Action; Russell/Patrick - Unanimous
Orland Dwelley & Son Inc, of Waite, Maine is an intrastate hazmat exempt for-hire carrier of logs, poles, beams, lumber, machinery, and Class 9 non-bulk hazardous materials operating 13 power units and 11 CDL drivers.

During the review period the carrier had 53 violations (none serious) for a total of 143.30 points, including 1 defective steering, 1 excess vehicle weight, 1 operating over posted weight, 2 inadequate brakes, 1 defective frame, 3 defective brake hose, 20 inoperative lights, 5 inadequate defective equipment, 9 inadequate tires, 1 inadequate suspension, 1 failure to provide evidence of insurance, 4 failure to provide proof of commercial inspection, and 4 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 202,392 miles (FUID) resulting in an RSR of 70.80.

After the review period the carrier had 15 violations (one serious), including 1 operation with defective fuel system, 1 defective steering, 4 inadequate brakes, 1 defective brake hose, 1 defective coupling, 1 inadequate defective equipment, 1 inadequate tires, 2 defective brake adjustment, 1 failure to provide proof of commercial inspection, 1 inadequate fire extinguisher, and 1 expired inspection.

The carrier has a current Vehicle Maintenance BASIC of 96.1 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 56 (optional).  This is the carrier’s seventh preliminary review.  The carrier has been issued four warning letters, the last in September 2010 (RSR 35.06).

11. Dana L Brown – USDOT Number 459157

RSR 65.07; Letter B; Russell/Brian - Unanimous
Dana L Brown, dba D Brown Trucking, of Charlotte, Maine is an intrastate non-hazmat for-hire/private property carrier of logs, poles, beams, lumber, building materials, machinery, grain, feed, hay, dry bulk commodities, paper products, and farm supplies operating 3 power units and 2 CDL drivers.

During the review period the carrier had 27 violations (one serious) for a total of 71.50 points, including 1 no brake pressure, 1 defective steering, 1 inadequate brakes, 1 defective frame, 2 inoperative lights, 1 defective brake hose, 5 inadequate defective equipment, 7 inadequate tires, 2 defective brake adjustment, 1 failure to display flags/flares, 1 failure to provide proof of commercial inspection, 2 expired inspection, 1 operating intrastate commercial without registration, and 1 failure to display fuel decal.  The carrier’s reported Maine mileage is 109,890 miles (FUID) resulting in an RSR of 65.07.

After the review period the carrier had 17 violations, including 2 unsecured load, 1 defective frame, 1 inadequate defective equipment, 6 inadequate tires, 1 operating without medical certificate, 1 failure to provide proof of commercial inspection, 1 inadequate fire extinguisher, 1 expired inspection, 1 illegal attachment of plates, and 2 operating intrastate commercial without registration..

The carrier has a current Vehicle Maintenance BASIC of 91.9 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 54 (optional).  This is the carrier’s third preliminary review.  The carrier was issued a warning letter in June, 2009 (RSR 25.43).

12. Gerald McAvoy – USDOT Number 312418

RSR 62.07; No Action; Brian/Patrick - Unanimous
Gerald McAvoy of Benedicta, Maine is an interstate for-hire carrier of general freight, logs, poles, beams, lumber, fresh produce, and refrigerated food operating 4 power units and 3 CDL drivers.

During the review period the carrier had 11 violations (none serious) for a total of 35.00 points, including 1 operation with defective low air warning, 1 operating over posted weight, 1 inadequate brakes, 3 defective brake hose, 3 inoperative lights, 1 inadequate defective equipment, and 1 inadequate tires.  The carrier’s reported Maine mileage is 56,392 miles (IFTA CH) resulting in an RSR of 62.07.

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

The carrier is not currently rated in the Safety Measurement System and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 46 (pass).  This is the carrier’s fourth preliminary review.  The carrier had a full review in December, 2003 and has submitted a safety plan to the Board in the past.

13. CLC Trucking Inc – USDOT Number 1010516

RSR 59.62; No Action; Patrick/Brian – 6 to 1 In Favor
CLC Trucking Inc, of Chesterville, Maine is an interstate for-hire carrier of general freight, metal, logs, poles, beams, lumber, building materials, machinery, oil field equipment, coal, garbage, dry bulk commodities, farm supplies, construction equipment, and water operating 3 power units and 3 drivers.

During the review period the carrier had 17 violations (none serious) for a total of 42.50 points, including 1 log not current, 1 unsecured load, 4 inoperative lights, 1 defective brake hose, 1 inadequate tires, 2 defective brake adjustment, 3 inadequate suspension, 1 evasion of registration fees/taxes, 2 expired inspection, and 1 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 71,281 miles (IFTA CH) resulting in an RSR of 59.62.

The carrier has a current Fatigued Driving BASIC of 92.3 (Monitor Status), a Vehicle Maintenance BASIC of 94.8 (Monitor Status), a MCSIP Step of 22 (targeted), and an ISS inspection value of 95 (inspect).  This is the carrier’s first preliminary review.

(Chairman Mark Hutchins had to leave the meeting at this point)

14. Heald Stream Construction – USDOT Number 317730

RSR 53.51; No Action; Patrick/Bruce - Unanimous
Heald Stream Construction, dba Jackman Lumber, of Jackman, Maine is an interstate exempt for-hire/private property carrier of logs, poles, beams, lumber, machinery, and liquids/gases operating 11 power units and 7 CDL drivers.

During the review period the carrier had 37 violations (one serious) for a total of 116.00 points, including 1 aggravated gross weight (>19%), 4 defective steering, 1 operating over posted weight, 2 unsecured load, 1 inadequate brakes, 7 defective brake hose, 8 inoperative lights, 1 defective frame, 1 inadequate defective equipment, 4 inadequate tires, 2 defective brake adjustment, and 5 inadequate suspension.  The carrier’s reported Maine mileage is 216,764 miles (IFTA CH) resulting in an RSR of 53.51.

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

After the review period the carrier had 13 violations, including 1 defective steering, 2 excess vehicle weight, 1 defective brake hose, 3 inoperative lights, 1 inadequate tires, and 5 inadequate suspension.

The carrier has a Vehicle Maintenance BASIC of 98.2 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 56 (optional).  This is the carrier’s first preliminary review.

15. Bruce G Malone – USDOT Number 936282

RSR 49.20; No Action; Patrick/Russell - Unanimous
Bruce G Malone, dba AJLBC Trucking, of Haynesville, Maine is an interstate for-hire carrier of building materials operating 1 power unit and 1 CDL driver.        

During the review period the carrier had 16 violations (none serious) for a total of 45.80 points, including 1 defective steering, 1 inadequate brakes, 1 unsecured load, 4 inoperative lights, 1 inadequate defective equipment, 6 inadequate tires, 1 inadequate suspension, and 1 expired inspection.  The carrier’s reported Maine mileage is 93,097 miles (IFTA CH) resulting in an RSR of 49.20.

After the review period the carrier had 1 violation for an expired inspection.

The carrier has a current Fatigued Driving BASIC of 44.6, a Vehicle Maintenance BASIC of 90.9 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 60 (optional).  This is the carrier’s first preliminary review.

16. Jo Ann Gould – USDOT Number 1805334

RSR 36.11; No Action; Patrick/David - Unanimous
Jo Ann Gould, dba Sunrise Farms, of Wilton, Maine is an interstate exempt for-hire/private property carrier of logs, poles, beams, lumber, and wood chips operating 1 power unit and 1 CDL driver.

During the review period the carrier had 10 violations (none serious) for a total of 33.50 points, including 3 excess vehicle weight, 1 speeding in a commercial motor vehicle greater than 14 mph over limit, 1 operating over posted weight, 1 defective brake hose, and 4 inadequate tires.  The carrier’s reported Maine mileage is 92,763 miles (IFTA CH) resulting in an RSR of 36.11.

After the review period the carrier had 10 violations, including 3 excess vehicle weight, 1 inoperative lights, 1 inadequate defective equipment, 3 inadequate tires, 1 operating over width, and 1 failure to flag an extended load.

The carrier has a current Fatigued Driving BASIC of 37.00, a Controlled Substances and Alcohol BASIC in Monitor Status, a Vehicle Maintenance BASIC of 98.0 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 91 (inspect).  This is the carrier’s first preliminary review.

The Board also has an email sent June 13, 2011 by Joe Gould, Manager of Sunrise Farms, for its consideration this morning.

17. Clifford M Garnett – USDOT Number 714654

RSR 30.76; No Action; Patrick/Russell - Unanimous
Clifford M Garnett, dba C & L Transportation, of Steuben, Maine is an interstate for-hire carrier of general freight, household goods, fresh produce, meat, dry bulk commodities, beverages, refrigerated foods, and paper products operating 2 power units and 3 CDL drivers.

During the review period the carrier had 19 violations (none serious) for a total of 55.10 points, including 1 defective steering, 2 inadequate brakes, 7 defective brake hose, 1 inoperative lights, 3 inadequate tires, 1 defective brake adjustment, 3 inadequate suspension, and 1 failure to display flags/flares.  The carrier’s reported Maine mileage is 179,140 miles (IFTA CH & FUID) resulting in an RSR of 30.76.

The carrier has a current Fatigued Driving BASIC of 52.5, a MCSIP Step of 0 (not targeted) and an ISS inspection value of 49 (pass).  This is the carrier’s first preliminary review.

18. Mark Theriault – USDOT Number 1123760

RSR 33.67; No Action; Russell/Patrick - Unanimous
Mark Theriault, dba TTH, of Eustis, Maine is an interstate for-hire carrier of logs, poles, beams, and lumber operating 6 power units and 6 CDL drivers.

During the review period the carrier had 28 violations (two serious) for a total of 88.90 points, including 1 no emergency response information, 1 no shipping paper, 1 speeding in a commercial motor vehicle greater than 14 mph over limit, 4 excess vehicle weight, 1 operating over posted weight, 9 inoperative lights, 3 defective brake hose, 1 inadequate defective equipment, 3 inadequate tires, 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 264,017 miles (IFTA CH & FUID) resulting in an RSR of 33.67.

After the review period the carrier had 1 violation for a defective brake hose.

The carrier has a current Vehicle Maintenance BASIC of 93.9 (Monitor Status), a MCSIP Step of 0 (not targeted) and an ISS inspection value of 55 (optional).  This is the carrier’s second preliminary review.  The carrier was issued a warning letter in June, 2010 after the first preliminary review.

19. TT Dunphy Inc – USDOT 574378

RSR 24.43; No Action; Patrick/Bruce - Unanimous
TT Dunphy Inc, of North Anson, Maine is an interstate for-hire carrier of general freight, metal, logs, poles, beams, and lumber operating 19 power units and 18 CDL drivers.

During the review period the carrier had 43 violations (none serious) for a total of 115.10 points, including 2 defective steering, 3 inadequate brakes, 2 unsecured load, 6 inoperative lights, 3 defective brake hose, 4 inadequate defective equipment, 14 inadequate tires, 1 speeding in a commercial motor vehicle 0-14 mph over limit, 1 failure to provide proof of commercial inspection, 2 inadequate fire extinguisher, 3 expired inspection, 1 illegal attachment of plates, and 1 inadequate exhaust.  The carrier’s reported Maine mileage is 471,188 miles (IFTA CH) resulting in an RSR of 24.43.

After the review period the carrier had 12 violations, including 1 inadequate brakes, 3 defective brake hose, 2 inoperative lights, 2 inadequate defective equipment, 1 inadequate tires, 1 inadequate suspension, 1 inadequate fire extinguisher, and 1 failure to display name on truck/tractor.

The carrier has a current Unsafe Driving BASIC of 35.3, a Fatigued Driving BASIC of 80.0 (Monitor Status), a Vehicle Maintenance BASIC of 84.1 (Monitor Status), and a Cargo-Related BASIC of 74.9.  The carrier has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 92 (inspect).  This is the carrier’s first preliminary review.

There is also a letter for the Board’s consideration sent by Troy T. Dunphy, President of T.T. Dunphy Inc, on June 10, 2011, explaining steps taken by the company to improve its safety rating both with CSA and the State of Maine.

20. Haskell & Sons Trucking LLC – USDOT Number 9203

RSR 22.69; Letter B; Patrick/David - Unanimous
Haskell & Sons Trucking LLC, of Palermo, Maine is an interstate for-hire carrier of general freight, garbage, refuse, trash, and construction equipment operating 9 power units and 9 CDL drivers.

During the review period the carrier had 20 violations (two serious) for a total of 63.40 points, including 1 aggravated gross weight (>19%), 1 illegal possession of alcohol/drugs in commercial motor vehicle, 2 excess vehicle weight, 1 speeding in a commercial motor vehicle greater than 14 mph over limit, 6 inoperative lights, 2 defective brake hose, 1 inadequate defective equipment, 3 inadequate tires, 1 failure to display flags/flares, 1 failure to provide proof of commercial inspection, and 1 inadequate fire extinguisher.  The carrier’s reported Maine mileage is 279,436 miles (IFTA CH & FUID) resulting in an RSR of 22.69.

After the review period the carrier had 11 violations, including 1 defective steering, 1 defective brake hose, 1 inoperative lights, 2 inadequate defective equipment, 1 inadequate tires, 3 inadequate suspension, 1 failure to provide evidence of insurance, and 1 operating intrastate commercial without registration.

The carrier has a current Vehicle Maintenance BASIC of 88.9 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 53 (optional).  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 (USDOT 913527) – sill 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.

Review of Comparative Scoring and Discussion of Preliminary Review Thresholds:
The Board reviewed a comparative analysis of the Top Twenty RSR scores calculated using the CSA scoring methodology versus the scores calculated using the current Rule. The RSR scores calculated using the CSA scoring were on average 57.09% higher than the scores calculated under the current Rule.

Currently, a carrier with an RSR score of 15 or more may be considered for a preliminary review.  A motion was made to proceed with rule making to increase the RSR threshold for preliminary review from 15 to 25 to coincide with the adoption of the new CSA scoring methodology. Russell/Bruce – Unanimous

New Business:

None

Next Meeting Date:

Tuesday, September 29, 2011 at 8:00 AM
Bureau of Motor Vehicles - Executive Conference Room

A motion to adjourn the meeting was made at 11:32 AM; Bruce/Pat - Unanimous


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