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MOTOR CARRIER REVIEW BOARD
MINUTES
September 8, 2005

BOARD MEMBERS PRESENT:

George Parke, Steven Izer, Ronald Hutchins, Dale Hanington, Bruce Gray, and Alan Quinlan


STAFF PRESENT:

BMV Motor Carrier Services:  Garry Hinkley, Francis Fox, Patrick Malloy, Dolores Hayes

Guest: M. F. Chip Gavin, Deputy Secretary of State

Attorney: Bill Laubenstein


Mark Hutchins, President, called the Motor Carrier Review Bard Meeting to order at 9:05 a.m.

Mark read the purpose of the Motor Carrier Review Board and explained the procedure.

The approval of the June 7 th meeting were tabled until copies could be provided later in the meeting.


Review of the A Carriers Scheduled for a Full Review.

L A Laplante Inc., Van Buren , ME. Five violations, (3 serious) RSR 15.0.

Carrier was represented by Louis LaPlante, owner.

L A LaPlante Inc

US Dot # 317772

L A LaPlante Inc. of Van Buren , Maine is a For Hire carrier hauling general freight, fresh produce, and other dry bulk commodities. The carrier operates 3 trucks with company drivers. The carrier operates mostly on the East Coast.

During the review period, the carrier had 5 violations (3 serious) including 1 operating a commercial vehicle after being declared out of service; 1 operating under the influence in a commercial motor vehicle; 1 operating with unqualified driver; 1 log book not current; 1 no medical certificate. Total points of 27.7, Maine mileage is 184, 409 miles taken from IFTA tax returns resulting in an RSR of 15.0.

After the scoring period, the carrier had 1 additional violation for operating without a duty status log.

The carrier has a driver SEA of 99.2; a vehicle SEA of 84.4; and a SAFESTAT category B. The carrier has a Federal Motor Carrier Safety rating of "conditional" with a SAFESTAT score of 233, ISS value of 97, and is at MCSIP step 24.

This is the carrier's first review.

Documents for the record:

  • Motor Carrier Review Board Summary Report
  • Motor Carrier Supplemental Questionnaire
  • MCMIS Safety Profile
  • SAFESTAT History Profile
  • ISS Carrier Snapshot
  • Query Central PRISM Summary
  • Driver/Vehicle Examination Reports
  • Driver records

Mr. LaPlante noted that most of the company's problems were caused by a single driver. That driver has been dismissed, and the company is down to two trucks and drivers. Mr. LaPlante is driving one of the trucks. The carrier has not had any significant problems since dismissing the problem driver.

Dale Hanington recused himself due to prior involvement with this company and the driver in question.

George made a motion for No Further Action. Steve seconded the motion. The vote was 6-0 with 1 abstention.

 

Shelby Transfer Inc. Mars Hill , ME. Six violations (1 serious). RSR 29.7.

Carrier was represented by Brian and Marie Bell, owners.

Shelby Transfer Inc.

DOT # 291776

Shelby Transfer Inc. of Mars Hill , Maine is an Interstate carrier of general freight, fresh produce, and meat. The carrier operates as both a private and For Hire carrier using approximately 2 to 4 trucks and 5 drivers. During the review period, the carrier had 6 violations (1 serious) including 1 for causing operation with a false log; one log book not current; 2 excess vehicle weight; and 2 causing operations without a valid medical certificate. Total points of 24.8 and Maine mileage of 83,000 resulting in an RSR of 29.7.

The carrier has a crash SEA of 93; a driver SEA of 89.8; and a vehicle SEA of 42.5. The carrier is SAFESTAT category B with a SAFESTAT score of 321. The carrier is at MCSIP step 1 and its ISS rating is 99. The carrier had crashes in 2003 and 2005.

This is the carrier's first review.

Documents for the record:

  • Motor Carrier Review Board Summary Sheet
  • Supplemental Questionnaire
  • MCMIS Company Safety Profile
  • SAFESTAT History
  • SAFESTAT Carrier Overview
  • Query Central PRISM Summary
  • ISS Selection System Report
  • Driver/Vehicle Examination Report
  • Driving Records

The Bells stated that this is a family business, hauling mostly their own potatoes. Most of the problems had to do with their sons not having the proper credentials, or not understanding all of the driver requirements. These issues have been corrected. There have not been any violations in about ten months.

Bruce recused himself due to familiarity with company.

Ron made a motion for No Further Action. Dale seconded the motion. The Vote was 6-0 with 1 abstention.

 

Russell Yu, Portland ME. Six violations. No RSR.

Mr. Yu did not return his supplemental questionnaire, or attend the Board meeting. (Mr. Yu did come to the BMV MCS office at approximately 12:15 PM , after the Board had adjourned. Mr. Yu did provide us with a new mailing address.)

Russell Yu

DOT # 1167723

Russell Yu of Portland , Maine and Portsmouth , NH is a private carrier of general freight, fresh produce, and meat using approximately 2 trucks. The carrier failed to return their supplemental questionnaire, and is currently placed out-of-service by FMCSA for failure to participate in the new Entrant Program.

During the review period, the carrier had 6 violations including 1 for operating without 7-days previous logs; 2 log books not current; 1 inadequate tire; 2 operating without medical certificates. Total points is 21.4. Mileage was unavailable, therefore we cannot calculate the RSR.

In addition, the carrier had 2 violations for possessing more than 1 valid driver's license which is not included in the total points.

The carrier has a driver SEA of 74 and a vehicle SEA of 66. The carrier is SAFESTAT category H and has a MCSIP step of 63 which is out-of-service. Carrier's ISS score is 68.

The carrier does not have IRP or IFTA accounts. The carrier's trucks are registered in New Hampshire .

Documents for the Record:

  • Motor Carrier Review Board Summary Sheet
  • Letter and FedEx Receipt showing the delivery of notice
  • MCMIS Company Safety Profile
  • SAFESTAT History
  • ISS Carrier Snapshot
  • Query Central PRISM Summary
  • Driver/Vehicle Examination Report

After the staff presentation, the Board voted to table consideration of Mr. Yu's case until later in the meeting in case he should come later. The Board took Mr. Yu's case off the table at approximately 11:00 am . Based on Mr. Yu's current record, the fact that he already has been placed out-of-service by FMCSA,and the fact that he has failed to provide any supporting information, George made a motion to recommend to the Secretary of State that Mr. Yu's privilege to operate in Maine be suspended until he is no longer out of service with FMCSA, and he appears before the Board. Dale seconded and the vote was unanimous.


Follow up reports on carriers receiving warning letters from the June 7th meeting.

Philip Bennett, dba North Ridge Service, Searsmont , ME. Mr. Bennett returned his questionnaire. There were no significant changes.

Enpro Services Inc, Newburyport , MA . Enpro returned their questionnaire. There were no significant changes.

Gainey Transportation Services Inc. Grand Rapids , MI . Gainey returned their questionnaire. No significant changes except the carrier now has two FTA's for which they have a pending suspension.

Mackin Dairy Service, Portland . The carrier returned its questionnaire. There were no significant changes.

Robert W Donahue Trucking Ltd., McAdam , NB. The carrier did not return their questionnaire. The board did not take any formal action, but recommended that the carrier receive another initial review for possible inclusion on the next top 20 report.

Transcontinental Refrigerated Lines Inc., Pittston , PA. This carrier did return their supplemental questionnaire, however, there are significant changes in the carrier's record. Dale made the motion. George seconded and the Board voted unanimously to conduct a full review at its next meeting .


 

Top 20 List

J. Javed Amni, dba U S Manufacturing Company , Assonet , MA . Six violations, 10.3 points. unable to calculate RSR

Dale made the motion, George seconded and the Vote was unanimous for No Action.

 

Pinnacle Transportation , Mesa , AZ ,. 6 violations, 32.1 points, RSR 891.

Dale made the motion, Bruce seconded and the vote was unanimous to send a Warning letter.

 

Damon & Malone Cont & Paving Co , Scarborough .. 6 violations. 22.2 points, RSR 199.

George made the motion, Steve seconded and the Board voted unanimous for No Action.

 

Sundance Property Services , Gorham.. Seven violations. 15.1 points, RSR 35.7

George made the motion, Dale seconded and the Board vote was unanimous for No Action.

 

Thomas Dicenzo Inc, Calais . 17 violations. 51 points. RSR 34.3.

Steve made the motion, George seconded and the vote of the Board was unanimous for Letter A.

 

Almighty Waste Inc ., Auburn 11 violations, 41.2 points. RSR 31.9

Bruce made a motion, Dale seconded a No Action but the vote failed at 2 yea and 4 nay (failed)

A second motion was made by George, seconded by Steven for . Warning Letter (Board asked for a strongly worded letter.) The vote was 4 yeas and 2 nays. Passed.

 

Robert Worster, dba R&M Enterprises , Exeter , ME. . Six violations. 23.1 points. RSR 30.1

George made a motion, Dale seconded and the Board voted unanimously for No Further Action.

 

Moulison North Corp , Biddeford . 5 violations, 15.3 points. RSR 29.1

Steve made the motion, Ron seconded and the Board voted unanimously for No Action.

 

500516 NB LTD, dba Stewarts Transfer , Perth , NB . 5 violations, 28.4 points. RSR 23.4. Upon receipt of the carrier's questionnaire, their score was recalculated and as a result of their lower RSR, the carrier was dropped from further consideration.

Dale made a motion, George seconded and the Board voted unanimously Letter A.

 

Stuart, Torno & Stuart Inc, East Lebanon , ME. 9 violations, 37.9 points. RSR 20.4

Dale made a motion, Alan seconded and the Board voted unanimously for a Warning Letter.

 

Southern Maine Sitework , Portland . Ten violations, 39.4 points. RSR 19.0

George made the motion, Ron seconded and the Board voted unanimously for No Action.

 

Northern Springs Inc , Exeter , NH . 6 violations. 11.3 points. Unable to calculate RSR

George made the motion, Dale seconded and the Board voted unanimously for a Warning Letter.


Old Business

Big Rock Transportation . The Board received an update of the Big Rock Transportation suspension. The Secretary accepted the Board's recommendation for a 90 day suspension. The suspension went into effect on August 1, and is scheduled to run through October 30th. The carrier did not make an appeal to Superior Court. The carrier was offered an opportunity to appear before the Board on Sept. 8th to present a safety plan (with the possibility of a reduction in their suspension.) The carrier declined.

Speeding in a CMV . Action on adding speeding in a commercial motor vehicle was deferred pending the Board's recommendations to the Governor's Task Force on Perpetual Violators.


New Business

Governor's Task Force on Perpetual Violators . Deputy Secretary of State Chip Gavin briefed the Board on the work on the Governor's Task Force on Perpetual Violators. He asked the Board to review its procedures and rules, and motor carrier law and to make any recommendations the Board feels appropriate. Specifically, he asked the board to consider if the Board's procedures adequately address smaller (one truck) carriers; whether anything can or should be done about brokers; and whether anything should be done about individual problem drivers driving for carriers. Chip asked that the Board make a report by early December.

The Board agreed to accept the assignment, and scheduled a special meeting for September 21, at 8am at MMTA. The Board asked staff to start working on a glossary of terms. Also, requested information on how brokerage works in Canada . Garry asked everyone to review the discussion points document previously prepared.


 

Next regular meeting will be December 1, 2005 at 9am at BMV.

 

A motion was made to accept the minutes of the last meeting, George seconded and the vote was unanimous.

 

Motion to Adjourn was made and seconded. The meeting adjourned at 11:45 a.m.

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