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MOTOR CARRIER REVIEW BOARD
August 26, 2003

BOARD MEMBERS PRESENT

George Parke, President, Steven Izer, Ronald Hutchins, Dale Hanington, Bruce Gray


STAFF PRESENT

Garry Hinkley, Francis Fox, Cindy Masiero

Attorney General’s Office Bill Laubenstein


Introductions

Garry introduced Chip Gavin who has replaced Domna Giatas as the Secretary of State’s representative.


Correspondence

Garry suggested that the correspondence received be discussed at the time the appropriate carrier was reviewed.


Reviews

Scott Ferland d/b/a Ace Professional Towing & Almighty Waste, Auburn, ME, was represented by John Morin, General Manager. Mr. Morin stated that he had been with the company only since the end of June. The carrier had 27 violations during the review period, one for falsified logbook, 1 for prohibited placarding, 1 for operating with unqualified driver, 1 for inadequate placarding, 2 for unsafe motor vehicle, 3 for excess vehicle weight, 3 for inadequate brakes, 4 for inadequate tires, 1 for inadequate suspension, 1 for operating over width, 2 for operating without authority license, 4 for expired inspection, 2 for operating without commercial registration, 1 for failure to display a fuel decal, and 1 refusal of chemical test. The total is 79 points, mileage is 398,000 taken from IFTA tax reports for an RSR of 19.8. Since the review period the carrier has had 4 violations. The carrier had several accidents including a fatality in June 2002 and two minor accidents in April 2003.

They have had 55 motor carrier inspections, resulting in 250 violations, including 66 out-of-service violations. Overall SafeStat score is 224. The carrier has a C rating from FMCSA and is currently rated as conditional. This is the carrier’s second full review. The carrier did submit a safety plan, which was accepted.

The alcohol-related violations all stem from the same incident.

Mr. Morin reported that he had made some serious changes since he came on board. They have reduced the number of drivers to two with Almighty Waste and six with Ace Professional Towing. The on-the-road equipment has been reduced to two trailers and two trucks with one backup vehicle.

Mr. Morin is the first general manager for these companies. Previously, the owner was doing it all. Scott Ferland was presumed to be responsible for the implementation of the safety plan after the last review. Mr. Morin stated that he was familiar with the safety plan, but stated that he is still “coming up to speed” with his current duties. He is not aware of any new violations. There was a question about the mileage. Garry explained that the staff had taken the mileage from the appropriate IFTA fuel tax reports, which would have been from October 2001 through September 2002. The carrier could have had a decrease since then, which was confirmed by Mrs. Ferland’s supplement report.

Mr. Morin was questioned as to what was being done about improving safety. He replied that none of the trucks leave the yard without pretrip inspections and that if he saw one of their trucks in town he followed it to make sure that the driver was obeying the rules and regulations. Drivers caught breaking the law are terminated. Questions about previously reported progressive procedures for disciplining drivers raised a concern about whether Mr. Morin had actually seen the safety plan. A complete copy of the safety plan was not immediately available for perusal.

Dale made a motion to review Scott Ferland again in six months, with the proviso that Mr. Morin study the safety plan and submit a letter with any changes within 60 days. Bruce seconded and the motion passed.

Landry Wood Enterprises, Inc., Patten, ME, was not represented at the meeting. The carrier had neither returned a supplement nor returned any telephone calls. During the review period the carrier had 2 violations for aggravated gross weight, 1 excess vehicle weight, 1 for operating over width, and 3 for expired inspection. The carrier has 24.30 points, mileage of 126,771 with an RSR of 19.17. Violations after the review period were 1 for excess weight and 1 for no valid inspection. The carrier is not scored in SafeStat. The carrier may be related to Frank Landry and Sons of Patten, Maine.

Steve made a motion to suspend for sixty days, seconded by Ron. The carrier must submit a supplemental form and any other Board requirements before being reinstated. Bruce abstained from this vote. The motion passed with one abstention.

G & K Trucking Inc., Shrewsbury, MA, had not sent a representative of their company to the meeting. The company is in the trash and mulch hauling business using approximately 15 trucks. The carrier did not return a supplement and telephone contact was unsuccessful as the phone is disconnected. During the review period the carrier had 8 violations: 1 for falsified logbook, 1 for log not current, 2 for inadequate brakes, 1 for inadequate suspension, 1 for operating without valid medical certificate, and 2 for expired inspection. The carrier’s Maine miles were 107,419, points of 27 for an RSR of 25.23. This is the carrier’s fourth review.

The carrier has had 24 roadside inspections, which resulted in 27 violations, 25 of which were out of service violations. The carrier has an accident SEA of 93, a driver SEA of 90, a vehicle SEA of 95, and a Safety Management SEA of 94. The SafeStat score is 510. The carrier ranks number 1 in Massachusetts and 20th nationwide with a conditional rating. The carrier is currently under suspension in Maine for an unpaid court fine and is IFTA suspended in Massachusetts. The carrier has not filed 2nd and 3rd quarter fuel tax returns. The carrier may be out of business.

Dale moved to suspend this carrier indefinitely until the carrier files its supplemental and pays all fines and reinstatement fees. Ron seconded and the motion passed unanimously.

American Products Export, Branford, CT, was unrepresented at the meeting. Garry had talked with the company several times over the past two days. Some late information had been received from the company. The carrier is a building materials distributor, operating approximately 8 tractors and 11 trailers. The company has not returned a supplement for this review but did return one for a previous review. The carrier was last reviewed in September 2002. At that time the carrier had been directed to submit a satisfactory safety plan and a list of company drivers. The carrier sent a letter outlining some of the steps planned to improve safety but they have not submitted a satisfactory safety plan and just submitted a partial list of their drivers.

During the review period the carrier had 9 violations for 22.4 points. The violations were 1 for falsified logbook, 1 for operating overwidth, 3 for operating beyond permit restrictions, 1 for no inspection, 2 for no authority, and 1 for expired inspection. The mileage was 20,187 for an RSR of 112. After the review period the carrier had 5 violations: 1 for excess vehicle weight, 1 for logbook not current, 1 for operating over length, 1 for unsafe motor vehicle, and 1 for failure to display fuel decal.

The carrier has had 44 driver inspections and 52 vehicle inspections resulting in 29 out of service violations. The carrier has had four crashes during the last 30 months, including an April 2003 accident in Maine. The carrier has an accident SEA of 95, a driver SEA of 99.8, a vehicle SEA of 98.8, and a safety SEA of 98.6. The carrier has had a recent FMCSA review which was completed 7/11/03. The carrier was found to have 4 critical violations and 1 acute violation. The SafeStat score is 536, they are ranked number 1 in Connecticut, and number 1 nationally.

The company has hired Fleet Safety Services, Inc. to take over the safety management for them. Fleet Safety Services has submitted information about some of the changes planned for American Product Exports.

The company is currently under suspension in Maine for two unpaid court fines. This is a follow-up review.

After some discussion, Dale moved for an indefinite suspension until the carrier complies with MCRB and Secretary of State requirements. Bruce seconded the motion. The motion passed unanimously.


Old Business

Gerald McAvoy, Benedicta, ME, had been required to submit a satisfactory safety plan for the Board’s consideration. They submitted a plan, which was found deficient in that log books were not being properly reviewed. The Board had recommended training in logbook reviews. They did recently submit some documentation concerning the log book training and the consultant that will provide that training.

The carrier has had two accidents since the last review. They are the number 1 worst rated Maine carrier. The carrier sent no representative to the meeting. Both the farm and trucking operations are treated as one entity. Garry stated that Mrs. McAvoy is apparently responsible for the trucking operation and is unhappy with the current situation.

Steve made a motion to put the carrier on the A list for the next meeting and strongly suggested they bring in their consultant. Bruce seconded this and the motion passed unanimously.


Top 20

Gendron & Gendron, Inc., Lewiston, Maine, had 5 violations, all for excess vehicle weight. The carrier had a total of 20 points, 102,000 Maine miles for an RSR of 19.6. This is the carrier’s second review. They had a review in 1999 with an RSR of 17.4. No violations after the review period.

The carrier’s attorney acknowledged receipt of the material sent by the MCRB.

Dale made a motion for no action, seconded by Bruce. The motion passed unanimously.

Duane Lander D/B/A Lander Construction, Greenville, Maine, had 8 violations; 1 for excess vehicle weight, 1 for inadequate brakes, 1 for inadequate turn signal, 1 for inadequate tires, 2 for operating over width, and 2 for failure to provide proof of inspection. They had total points of 19.1, 12,000 Maine miles, for an RSR of 159.16. This is the company’s first review.

Bruce moved for a warning letter, which was seconded by Steve. The motion passed unanimously.

Maritime Energy, Rockland, Maine, had 59 violations, 40 for operating without duty status, 16 for operating over 70/60 rule, 2 for operation by unqualified driver, and 1 for inadequate brakes. The carrier had 367.3 points, 250,000 Maine miles for an RSR of 147.88. Most of the violations resulted from a terminal audit. We have not heard back from the company.

Dale abstained from voting because of personal knowledge of the company. Dale reported that the company is taking corrective action. Steve moved for a warning letter, which was seconded by Bruce. The motion passed with one abstention.

Manchester Motor Freight, Manchester, New Hampshire, had 6 violations, 1 for violating the 15 hour rule, 1 for operating over the 70/60 rule, 2 for excess vehicle weight, 1 for operating over length, and 1 for operating without authority for a total of 24.4 points. The company reported 24,010 Maine miles for an RSR of 101.66. Garry did not feel that the mileage was accurate. It appears that the carrier exclusively uses owner-operators. The carrier had 1 accident in Maine and the company is a Category F with the FMCSA, with an accident SEA of 31, and a vehicle SEA of 95. They currently control approximately 58 power units.

After some questioning Dale moved for a Letter A, seconded by Steve. The motion was unanimously passed.

As a result of a question about requested information on owner-operator fuel-tax reporting, Garry suggested that the supplemental form be modified to fit the situation.

B & J Transportation, Blaine/Mars Hill, Maine, had 37 violations; 1 for operating out of service, 11 for falsified logbook, 5 for operating over the 70/60 rule, 1 operation by unqualified drivers, 2 operating without 7 days previous logs, 6 for log not current, 1 for inoperative lights, 1 for inadequate suspension, 2 for operation without medical card, 1 for operating over length, 2 for failure to provide proof of commercial inspection, 2 for operating without authority, 2 for failure to comply with IRP and 1 for operating under the influence of liquor. The company had 184.8 points, 200,000 Maine miles for an RSR of 92.4. No points were assigned for the OUI and it was not included in the count of violations. This is the carrier’s second review (December 2000 with an RSR of 114). The company employs owner-operators with 245 power units under their control. The mileage figure is not accurate.

The carrier has an accident SEA of 52, a driver SEA of 99.7, a vehicle SEA of 74.8, and a safety management SEA of 96.6. They are a category B carrier with a SafeStat score of 246. In the last 30 months they have had 28 crashes, included two fatals.

Dale made a motion for a Letter A, which Steve seconded. The motion passed unanimously.

James Piper, Franklin, Maine, had 8 violations; 1 for unsafe commercial vehicle, 2 for excess vehicle weight, 3 for inadequate tires, 1 for defective suspension, and 1 for failure to display valid inspection. The carrier had 25 points with Maine mileage of 50,000 for an RSR of 50. This is the carrier’s first review.

Steve made a move for a warning letter, seconded by Ron. The motion passed unanimously.

Gainey Transportation Services, Inc., Grand Rapids, Michigan, had 15 violations; 2 for falsified logbook, 1 for operating beyond overlimit permit, 12 for operating over length. This gave the carrier 39.8 points. Maine mileage was reported as 125,213 for an RSR of 33.16.

Steve recommended a warning letter for 53-foot trailer problems. Bruce seconded and the motion passed unanimously.

Garry reported that after December 31, 2003, 53-foot trailer permits would no longer be required in Maine.

Whitehead Bros., Inc., Eufaula, Alabama, had 9 violations. One was for operating beyond overlimit permit and 8 for operating over length for a total of 17.2 points. Maine mileage was 54,947 for an RSR of 31.85. Garry stated that the carrier had called him and expressed some concern. The carrier is now aware of how to obtain the necessary permits.

Steve moved for a 53-foot trailer warning letter, which was seconded by Ron. The motion passed unanimously.

Eagle Express, Inc., O’Leary, Prince Edward Island, had 6 violations; 3 for excess vehicle weight, 1 for operating beyond road restrictions, 1 for operating beyond overlimit permit, and 1 for operating over length. This gave them 23.8 points. Maine mileage of 86,843 gave them an RSR of 27.67. This carrier was previously known as Warren Ellis Produce. The carrier is rated F by the FMCSA with a driver SEA of 74 and a vehicle SEA of 92.

Dale motioned for a warning letter. Bruce seconded the motion and it was passed unanimously.

Ferraiolo Construction Co., Inc., Rockland, Maine, had 28 violations; 1 for defective steering, 14 for excess vehicle weight, 2 for unsecured load, 2 for no lights on trailer, 1 for operating overwidth, 6 for failure to provide proof of inspection, 2 for inadequate exhaust. The carrier’s 88.6 points, coupled with 504,225 Maine miles gave them an RSR of 17.5. This carrier was reviewed in February of 1999 with an RSR of 19.8 at that time. They are rated B by the FMCSA, number 19 in the State of Maine, with a SafeStat score of 244 with an accident SEA of 79 and a vehicle SEA of 85.

Dale made a motion for a warning letter, which was seconded by Ron. George abstained from voting because of a personal connection to the carrier. The motion passed with one abstention.


New Business

Rulemaking – Garry reported that the rules had been finished. The public hearing is scheduled for September 23rd at 9:00 a.m. in the executive conference room at the Bureau of Motor Vehicles headquarters. The revised rules will proceed through the public hearing process. Assuming there are no problems from the public hearing, they should be in effect by the next meeting of the Board.

Appointments – Garry stated that George and Allen had been re-appointed on May 15, 2003, for three years. Bruce Gray asked if he was being re-appointed. Chip Gavin reported that the terms had been staggered at one point. Garry said he would check on Bruce’s re-appointment.

Next Meeting – The next Motor Carrier Review Board meeting will be held December 4, 2003, at 9:00 a.m. in the executive conference room. The absent Board members will be notified by telephone of the date of the next meeting.


The meeting was adjourned at 11:10 a.m.


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