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Motor Carrier Review Board
September 21, 2004

The September 21, 2004 Meeting of the Motor Carrier Review Board was called to order at 9:00 AM. By Mark Hutchins, Chair.


Board Members present were:

George Parke, Steve Iser, Ron Hutchins, and Bruce Gray.


Staff present were:

Garry Hinkley, Francis Fox, Colleen Weed and Dolores Hayes.


Chairman Hutchins read the purpose and procedures of the Board.

Minutes. The minutes of the June 1, 2004 meeting were unanimously voted to accept.


Announcements.

Garry re-introduced Colleen Weed. Colleen is the supervisor for the Operating Authority and Overlimit Permits and as such assumes the staff position for the Motor Carrier Review Board.

Garry announced that the Chapter 2 Rule amendments are final. This added "use of alcohol in a Commercial Motor Vehicle" to the list of violations the Board considers. The titles of the hours of service violations were updated to reflect federal law changes.


Old Business.

  • Almighty Waste. Staff reported an update on Almighty Waste. The carrier has had two known inspections, one of which resulted in some violations. The carrier is scheduled for a full review at the December 9th meeting.

Carrier Reviews.

The Board was scheduled to review two carriers: Walter Donnell and Tufts Transportation.

  • Walter Donnell, Reviewed, No Action. Unanimous. Walter Donnell dba "Big D Transport" of Turner, Maine is a single truck carrier. He transports general commodities between southern Maine and points down to Virginia.

This is the carrier's first review. During the review period, the carrier had five violations: including 1 for falsifying a log book; 1 operating without 7 days previous logs; 2 for operating without a medical certificate; 1 operating without operating authority license.

Total points: 18.9. Carrier's Maine mileage is 32,431 miles taken from IFTA tax returns, resulting in an RSR of 58.3.

There were no violations after the review period.

The carrier has a driver SEA of more than 99, and is rated as an "e" carrier by FMCSA. Inspection Selection score is 93.

Documents for the record:

  1. Motor Carrier Review Board Summary report
  2. Carrier supplement
  3. MCMIS carrier safety profile
  4. Safestat carrier history
  5. Walter Donnell driving record
  6. Query Central violation history

Walter Donnell represented himself with assistance from Fran Hodges, Hodges Transportation. Mr. Donnell has been driving since the 1960's and has held his own authority since the 1980's.

Mr. Donnell noted that Ms. Hodges has been assisting him in compliance with logbook, hours of service, medical and drug testing requirements. They noted that they started working in earnest on these issues after receiving the first MCRB letter.

The carrier has not had any recent violations in Maine or elsewhere.

Steve Iser moved no further action. Bruce Gray seconded the motion. It passed unanimously.

  • Tufts Transportation Inc., Medford, MA. Continued. The carrier's attorney was unable to attend the meeting today due to a court appearance. The Board voted unanimously to continue the review until the December 9th, 2004 meeting.

Top 20 List.

  1. Winning Auto Service Inc, N. Billerica, MA. 6 violations, 14.8 points, RSR 29600. Warning letter.
  2. Ahmed, Abdi, dba How Trucking. Portland, ME. 4 violations (referral from State Police) 12.3 points, RSR 205. Letter A
  3. Diversified Capital Management, W. Newbury, MA. 9 violations, 17.9 points, RSR135.9 Letter A
  4. Don Vigeant & Sons Inc. (Don Vigeant & Son One Inc.), E. Freetown, MA. 7 violations, 10.4 points. RSR 95. Warning Letter.
  5. Steve & Sons Inc., S. China, ME. 7 violations, 29.7 points, RSR 37.3. Warning Letter
  6. Tomahawk Refrigerated Express, Woodstock, NB. 13 violations, 54 points, RSR 35.5. Letter A
  7. Responsive Trucking, Agawam, MA. 6 violations, 19.8 points, RSR 22.3. Warning Letter
  8. Thornton Construction, Milford, ME. 12 violations, 32.7 points, RSR 21.0. No Action
  9. Wilmot Farms Trucking LTD, Lakeville, NB. 6 violations, 23.2 points, RSR 16.9. No Action
  10. K M Trucking Inc, Frenchville, ME. 8 violations, 25.6 points, RSR 16.1. Warning Letter
  11. Shay Brothers, Danforth, ME. 15 violations, 46.9 points, RSR 12.4. Warning letter

Next Meeting. The next meeting is scheduled for Dec. 9, 2004, 9a.m. at Bureau of Motor Vehicles


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