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Motor Carrier Review Board
September 28, 2010

Board Members Present:

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


BMV Staff Present:

Francis Fox, Patrick Malloy, and Angela Giuffrida


Attorney General's Office:

Maine Attorney General’s Office: Bill Laubenstein was unable to attend the meeting.  Robert O’Connell, Director of Legal Affairs, Adjudications, and Hearings for the Bureau of Motor Vehicles attended the meeting in Bill’s absence.

 


 

The Motor Carrier Review Board met on December 14, 2010.  The meeting was called to order at 8:53 AM.

Minutes of the September 28, 2010 Board meeting were approved. Brian/David – Unanimous

Announcements:

IRP – Maine’s PRISM Implementation Review was conducted September 7, 2010.  The final report will be released in October, but indications from the closing conference are that other than some recommended enhancements Maine’s PRISM program meets or exceeds the program requirements and is working effectively to improve motor carrier safety.

UCR Registration – renewal notices for the 2011 registration year will be mailed between October 15, 2010 and November 15, 2010.  Enforcement for 2011 will begin on February 1, 2011.  Maine has the highest compliance rate (91%) in the nation for the 2010 registration year.  The overall program compliance rate is just over 66% nationwide.

CVIEW/CVISN – the MCRB toured the Kittery weigh station on September 23, 2010 and got a first hand look at CVIEW in action.

BMV Computer Systems - work on the registration module is progressing nicely; the tentative go live date is December 2010.  Current efforts are devoted to testing and working with the vendors on the municipal interfaces; the latter is one of the most complicated phases of the project.  Commercial registration data has been successfully loaded to CVIEW from the new registration system on several occasions.

Correspondence:

The Board received a letter, dated September 21, 2010, from Christopher J. Look, owner of CNL Trucking.  The Board took the letter under consideration during the review of the carrier.

Review of “A” Carriers:

Almighty Waste Inc – USDOT 655180
RSR 135.16; Continuance and recommended 30 day suspension to take effect after the December 14, 2010 Board meeting if the carrier does not appear in person at the meeting to answer questions posed by the Board and does 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 (year, make, etc.), and a thorough explanation as to exactly what steps the carrier is taking to improve vehicle maintenance and safety; Brian/Russell – 5 to 1 In Favor
Almighty Waste Inc, of Auburn, Maine, is an intrastate for-hire carrier of garbage, refuse, and trash operating 4 power units (from MCMIS) and 4 CDL drivers (from MCMIS).

During the review period (October 1, 2008 to September 30, 2009) the carrier had 30 violations (none serious) for a total of 83.8 points, including 1 unsafe commercial vehicle, 2 operating with defective low air warning, 1 defective steering, 1 excess weight, 2 inadequate brakes, 2 unsecured load, 6 inoperative lights, 1 defective brake hose, 1 inadequate defective equipment, 4 inadequate tires, 1 inadequate suspension, 1 failure to display flags/flares, 4 inadequate fire extinguisher, 1 expired inspection, and 2 failure to display fuel decal.  The carrier’s reported Maine mileage is 57,941 (FUID) resulting in an RSR of 144.63.

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

After the review period the carrier had 30 violations (none serious), including 1 defective steering, 3 excess vehicle weight, 1 inadequate brakes, 1 unsecured load, 4 inoperative lights, 1 inadequate defective equipment, 6 inadequate tires, 1 towing without safety chains, 1 operating without medical certificate, 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, 1 failure to display name on truck, 1 operating without ID device, and 1 failing to use seat belt.

The carrier has a current Accident SEA of 83.68, a Driver SEA of 79.46, a Vehicle SEA of 91.59, and a Safety Management SEA of 89.84.  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 is the worst rated Maine intrastate carrier in SafeStat and the second worst nationally.

This is the carrier’s third full review; the carrier had two full reviews (September 2002 and August 2003), each with several continuances.  The carrier has been required to submit safety plans to the Board in the past.

The carrier’s supplemental questionnaire was received on May 6, 2010.  The carrier did not provide any Maine mileage information on the questionnaire.  The carrier reported 62,000 Maine miles (2009 calendar year) on its 2010-2011 Maine Only Fuel License Application resulting in a revised RSR of 135.16.  The carrier submitted a current safety plan on July 19, 2010 for the Board’s review.

Documents for the record:

  1. MCRB Summary
  2. Supplemental Information Form
  3. Almighty Waste Safety Plan
  4. MCMIS Safety Profile
  5. SafeStat History
  6. Query Central Snapshot
Maietta Construction Inc – USDOT Number 671385
RSR 9.91; No Further Action; Brian/Patrick - Unanimous
Maietta Construction Inc, of Scarborough, Maine is an intrastate private property carrier of drive away/tow-away vehicles, machinery, and construction equipment operating 16 power units and 10 CDL drivers. During the review period (October 1, 2008 to September 30, 2009), the carrier had 11 violations (none serious) for a total of 31.7 points, including 4 excess vehicle weight, 2 unsecured load, 1 inadequate tires, 1 operating beyond overlimit permit, 2 failure to provide proof of commercial inspection, and 1 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 200,000 miles (FUID) resulting in an RSR of 15.85. The carrier had one non-injury accident during the review period. After the review period, the carrier had 46 violations (4 serious), including 3 aggravated gross weight, 1 operating without duty status log, 5 excess vehicle weight, 1 operating over posted weight, 5 inadequate brakes, 2 defective brake hose, 5 inoperative lights, 8 inadequate tires, 6 defective brake adjustment, 2 inadequate suspension, 4 failure to provide proof of commercial inspection, 1 inadequate fire extinguisher, 2 improper battery installation, and 1 evasion of registration fees/taxes (IFTA – dyed fuel).

The carrier has a current Driver SEA of 68.41 and a Vehicle SEA of 93.18.  The carrier is in SafeStat Category F with a MCSIP Step of 0 (not targeted), and an ISS2 score of 82 (inspect).  This is the carrier’s first full review.

The supplemental questionnaire was received on April 22, 2010; no Maine mileage was provided.  The carrier reported 320,000 Maine miles (2009 calendar year) on its 2010-2011 Maine Only Fuel License Application resulting in a revised RSR of 9.91.

Documents for the record:

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

Louis Maietta, Vice President for Maietta Construction Inc, appeared before the Board to discuss the company’s operation and the steps taken to address current safety issues.  Mr. Maietta stated that the company had downsized recently and older equipment was either sold or in the process of being sold.  The company is only operating with the newest equipment and because of the reduction in fleet size there is better accountability in the company’s fleet maintenance/inspection program.

Follow Up of “B” Carriers (From June 15, 2010, Meeting):

B & T Pallet Recycling Inc - USDOT Number 529939
No Further Action; Brian/Bruce - Unanimous
The supplemental questionnaire was received on July 7, 2010.  The carrier reported approximately 60,000 Maine miles on the supplemental questionnaire, which is in conflict with the 29,315 miles reported for calendar year 2009 on the carrier’s latest fuel license application.  The carrier’s recalculated RSR is 18.17 based on the mileage reported on the supplemental questionnaire.

There is one new violation to report since the June 15, 2010 review: failure to pull over for an emergency vehicle with flashing lights.

The carrier has a current Accident SEA of 94.90, a Vehicle SEA of 91.67, and a Safety Management SEA of 78.37.  The carrier’s SafeStat SEA’s are down slightly since the June 2010 review, but the carrier is still in SafeStat Category A (second worst intrastate carrier in the state) and still has an ISS inspection value of 100 (inspect).

Beaulieu & Son Trucking Inc – USDOT Number 319712
No Further Action; Brian/Patrick - Unanimous
The carrier has not submitted the supplemental questionnaire.  The carrier’s DOT Number was made inactive via an August 2, 2010 MCS-150 update.  There are no new violations to report.

The carrier is not rated in SafeStat and has a MCSIP Step of 99 (not targeted/out-of-business) and an ISS inspection value of 50 (optional). 

Re-Harvest Inc – USDOT Number 1427759
Letter A; Brian/Russell - Unanimous
The carrier’s supplemental questionnaire was received on September 9, 2010.  There are 41 new violations to report (none serious) since the last review, including 1 defective steering, 4 inadequate brakes, 5 defective brake hose, 1 defective frame, 6 inoperative lights, 13 inadequate defective equipment, 4 inadequate suspension, 1 failure to provide evidence of insurance, 1 failure to display flags/flares, 1 failure to provide proof of commercial inspection, 1 expired inspection, 1 failure to display name on truck/tractor, 1 failure to display MC/DOT Number, and 1 failure to comply with IRP.

The carrier reported 28,004 Maine miles (2009 calendar year) on its 2010-2011 Maine Only Fuel License Application which when added to the IFTA miles reported results in a revised RSR of 105.65.

The carrier has a current Vehicle SEA of 94.53 and a Safety Management SEA of 51.67.  The carrier is in SafeStat Category F and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 82 (inspect).

Laura Gould – USDOT Number 1744100
Letter A; Patrick/Brian - Unanimous
The carrier has not submitted the supplemental questionnaire.  The warning letter and supplemental request were sent on June 17, 2010 and came back as undeliverable.  The carrier does not answer phone calls or respond to messages left by phone.  The carrier is still operating and has had an inspection in Maine as late as August 26, 2010.  There are no new violations to report.

The carrier has a current Accident SEA of 92.85, a Driver SEA of 67.26, a Vehicle SEA of 78.04, and a Safety Management SEA of 84.34.  The carrier is in SafeStat Category B and has a MCSIP Step of 10 (targeted) and an ISS inspection value of 99 (inspect).  The carrier has the second worst SafeStat rating for an interstate carrier in the State of Maine.

Sam’s Transportation Inc – USDOT Number 268904
Letter A; Russell/Brian - Unanimous
The carrier’s supplemental questionnaire was received on August 27, 2010.  There are 78 new violations to report (5 serious) since the last meeting, including 1 falsifying log book, 2 aggravated gross weight, 1 operation over 15/14 hour rule, 1 operating without duty status log, 13 log not current, 1 defective steering, 1 speeding in a CMV more than 14 mph over limit, 1 excess vehicle weight, 9 inadequate brakes, 5 inadequate defective equipment, 14 defective brake hose, 12 inoperative lights, 3 defective brake adjustment, 2 inadequate suspension, 2 failure to provide proof of commercial inspection, 4 expired inspection, 2 inadequate exhaust, 1 operating without ID device, 1 failure to comply with IRP, and 2 no UCR.

The carrier has a current Accident SEA of 88.73, a Driver SEA of 68.10, a Vehicle SEA of 86.36, and a Safety Management SEA of 45.39.  The carrier is in SafeStat Category B and has a MCSIP Step of 7 (targeted) and an ISS inspection value of 98 (inspect).  Since the June review the carrier’s Vehicle SEA and ISS inspection value have increased and the carrier is now targeted.

Bridgewater Farm Supply Company Inc – USDOT Number 31259
No Further Action; Russell/Patrick - Unanimous
The carrier’s supplemental questionnaire was received on June 28, 2010.  The carrier’s RSR was adjusted to 30.06 after removing one violation (operating over 10/11 hours) not applicable to the review period.

The carrier has a current Accident SEA of 21.35, a Driver SEA of 85.79, a Vehicle SEA of 42.86, and a Safety Management SEA of 36.71.  The carrier is in SafeStat Category E and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 87 (inspect). 

Mark Theriault – USDOT Number 1123760
No Further Action; Patrick/Bruce – 5 to 1 In Favor
The carrier’s supplemental questionnaire was received July 13, 2010.  The carrier reported 2,676 intrastate miles on the questionnaire which was less than the 36,000 miles reported on the carrier’s Maine Only fuel license application.  There are 12 new violations to report after the June 15 meeting (2 serious), including 1 no emergency response information (HM), 1 no shipping papers, 2 defective brake hose, 5 inoperative lights, 1 inadequate defective equipment, 1 inadequate tires, and 1 operating intrastate commercial without registration.

The carrier has a current Driver SEA of 11.41 and a Vehicle SEA of 82.65.  The carrier is in SafeStat Category F and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 78 (inspect). 

Tremblay & Levesque Inc – USDOT Number 755125
No Further Action; Patrick/Bruce – 5 to 1 In Favor
The carrier’s supplemental questionnaire was received on June 24, 2010.  The carrier reported 307,056 Maine miles on the questionnaire resulting in a revised RSR of 31.56.  There are 8 new violations to report after the June 15 meeting (none serious), including 3 inoperative lights, 1 inadequate binding, 2 defective brake adjustment, 1 speeding in a CMV more than 0 to 14 mph over limit, and 1 inadequate fire extinguisher.

The carrier has a current Vehicle SEA of 61.21.  The carrier is in SafeStat Category H and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 37 (pass). 

Hanington Bros Inc – USDOT Number 320914
No Further Action; Brian/Patrick – 5 to 1 In Favor
The carrier’s supplemental questionnaire was received on June 25, 2010.  The carrier reported 409,125 Maine miles on the questionnaire resulting in a revised RSR of 25.22.  There are 10 new violations to report (none serious) since the last meeting, including 1 inadequate brakes, 6 inoperative lights, 1 inadequate defective equipment, 1 inadequate bindings, and 1 failure to provide evidence of insurance.

The carrier has a current Vehicle SEA of 55.57 and a Safety Management SEA of 6.80.  The carrier is in SafeStat Category H and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 35 (pass). 

L R Hamilton Holdings Inc – USDOT Number 795842
Letter A; Brian/David - Unanimous
The carrier has not submitted the supplemental questionnaire.  There are fourteen new violations to report since the last meeting (none serious), including 1 operation with defective low air warning, 6 defective brake hose, 6 inoperative lights, and 1 inadequate tires.

The carrier has a current Driver SEA of 51.97 and a Vehicle SEA of 64.07.  The carrier is in SafeStat Category H and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 58 (optional). 

Pro Bark Incorporated – USDOT Number 734399
Letter A; Brian/David – 4 to 2 In Favor
The carrier has not submitted the supplemental questionnaire.  There are 3 new violations to report (none serious), including 1 inoperative lights, 1 operating intrastate commercial without registration, and 1 registration plate not visible.

The carrier has a current Driver SEA of 50.73, a Vehicle SEA of 68.06, and a Safety Management SEA of 89.84.  The carrier is in SafeStat Category G and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 71 (optional). 

Top Twenty Carriers (review period 04/01/2009 to 03/31/2010):

1. Horse Logging Inc – USDOT Number 670641

RSR 766.87; Letter B; Patrick/Brian - Unanimous
Horse Logging Inc, of Athens, Maine is an intrastate private property carrier of logs, poles, beams, and lumber operating 4 power units and 2 CDL drivers.
During the review period, the carrier had 92 violations (none serious) for a total of 256.90 points, including 1 operating 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, 8 inadequate defective equipment, 4 inadequate tires, 3 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, 1 operating intrastate commercial without registration, 1 failure to display fuel decal, and 1 operating without ID device.  The carrier’s reported Maine mileage is 33,500 (MCS 150, 2009) resulting in an RSR of 766.87.

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 Driver SEA of 83.22 and a Vehicle SEA of 89.00.  The carrier is in SafeStat Category C and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 95 (inspect).  The carrier has the third worst safety rating for an intrastate carrier in the State of Maine.  This is the carrier’s second preliminary review; the carrier was dropped from consideration in 2006.

2. Harold Fitzpatrick II – USDOT Number 584846

RSR 64.51; No Further Action; Patrick/Brian - Unanimous
Harold Fitzpatrick II, dba J & K Trans, of Houlton, Maine is an interstate for-hire carrier of general freight, fresh produce, refrigerated food, and beverages operating 1 power unit and 2 CDL drivers.

During the review period the carrier had 15 violations (none serious) for a total of 40.70 points, including 1 inadequate brakes, 1 defective brake hose, 6 inoperative lights, 1 inadequate defective equipment, 1 inadequate tires, 2 defective brake adjustment, 1 inadequate suspension, 1 operating without medical certificate, and 1 inadequate exhaust.  The carrier’s reported Maine mileage is 63,091 (IFTA CH) resulting in an RSR of 64.51.

The carrier has a current Driver SEA of 95.18, a Vehicle SEA of 85.84, and a Safety Management SEA of 98.08.  The carrier is in SafeStat Category B and has a MCSIP Step of 55 (OOS: Unfit Motor Carrier) and an ISS inspection value of 99 (inspect).  The carrier has the third worst safety rating for an interstate carrier in the State of Maine.  This is the carrier’s first preliminary review.

3. B & J Transportation Inc – USDOT Number 811511

RSR 8.74 – 7 Serious Violations; Letter B; Brian/Patrick - Unanimous
B & J Transportation Inc, of Mars Hill, Maine is an interstate for-hire carrier of general freight, fresh produce, refrigerated food, beverages, and paper products operating 1 power unit and 1 CDL driver.

During the review period the carrier had 50 violations (7 serious) for a total of 183.50 points, including 6 falsifying log book, 1 operating with unqualified driver, 2 operating with low air warning, 1 defective steering, 3 log not current, 1 speeding in a CMV greater than 14 mph over limit, 4 inadequate brakes, 1 unsecured load, 9 inoperative lights, 7 defective brake hose, 1 defective coupling, 1 inadequate defective equipment, 7 inadequate tires, 2 defective brake adjustment, 1 operating without medical certificate, 1 inadequate suspension, 1 failure to provide proof of commercial inspection, 1 and failure to display DOT/MC Number.  The carrier’s reported Maine mileage is 2,100,000 (from 3/2009 review) resulting in an RSR of 8.74.

After the review period the carrier had 9 violations, including 3 log not current, 1 excess vehicle weight, 3 inadequate tires, and 2 inadequate suspension.

The carrier had one accident after the review period (driver fell asleep).

The carrier has a current Accident SEA of 90.86, a Driver SEA of 95.03, a Vehicle SEA of 81.47, and a Safety Management SEA of 94.50.  The carrier is in SafeStat Category A (worst rated carrier in the state) and has a MCSIP Step of 10 (targeted) and an ISS inspection value of 100 (inspect).  This is the carrier’s seventh preliminary review.  The carrier has had two full reviews in the past resulting in a “No Further Action” recommendation.

4. Christopher J Look – USDOT Number 1322793

RSR 275.78; No Further Action; Patrick/Bruce - Unanimous
Christopher J Look, dba CNL Trucking, of Milbridge, Maine is an interstate exempt for-hire carrier of logs, poles, beams, and lumber operating 1 power unit and 1 CDL driver.

During the review period the carrier had 10 violations (none serious) for a total of 31.50 points, including 1 log not current, 2 excess vehicle weight, 2 defective brake hose, 1 inoperative lights, 1 inadequate tires, 2 defective brake adjustment, and 1 operating without medical certificate.  The carrier’s reported Maine mileage is 11,422 (IFTA CH) resulting in an RSR of 275.78.

After the review period the carrier had 1 violation: operating over 15/14 hour rule.

The carrier has a current Vehicle SEA of 35.91.  The carrier is in SafeStat Category H and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 24 (pass).  This is the carrier’s first preliminary review.

5. Boyd B Harding LTD – USDOT Number 311054

RSR 157.59; No Further Action; Russell/Bruce - Unanimous
Boyd B Harding LTD, of Plaster Rock, New Brunswick, Canada is an interstate exempt for-hire/private property carrier of wood chips operating 18 power units and 15 CDL drivers.

During the review period the carrier had 15 violations (1 serious) for a total of 57.90 points, including 1 operating with unqualified driver, 1 defective steering, 6 excess vehicle weight, 3 operating over posted weight, 1 inadequate brakes, 1 inoperative lights, and 2 inadequate defective equipment.  The carrier’s reported Maine mileage is 36,742 (IFTA CH) resulting in an RSR of 157.59.

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

The carrier has a current Driver SEA of 94.28, a Vehicle SEA of 9.40, and a Safety Management SEA of 97.31.  The carrier is in SafeStat Category B and has a MCSIP Step of 10 (targeted) and an ISS inspection value of 97 (inspect).  This is the carrier’s first preliminary review.

6. Gigs LLC – USDOT Number 368692

RSR 147.43; Letter B; Brian/Bruce - Unanimous
Gigs LLC, of Windham, New Hampshire is an interstate for-hire carrier of building materials, machinery, dry bulk commodities, construction equipment, and demolition debris operating 7 power units and 7 CDL drivers.

During the review period the carrier had 21 violations (none serious) for a total of 56.80 points, including 4 excess vehicle weight, 2 inadequate brakes, 3 inoperative lights, 2 inadequate defective equipment, 2 inadequate tires, 1 defective brake adjustment, 2 operating without medical certificate, 1 failure to provide proof of commercial inspection, 1 expired inspection, 1 inadequate exhaust, 1 operating intrastate commercial without registration, and 1 failure to display fuel decal.  The carrier’s reported Maine mileage is 38,527 miles (IFTA CH) resulting in an RSR of 147.43.

The carrier has 2 outstanding FTA/FTP’s.

The carrier has a current Accident SEA of 49.16, a Driver SEA of 99.81, a Vehicle SEA of 99.54, and a Safety Management SEA of 98.47.  The carrier is in SafeStat Category B and has a MCSIP Step of 10 (targeted) and an ISS inspection value of 99 (inspect).  This is the carrier’s second preliminary review.  The first review resulted in a warning letter.

7. Shane M Perkins Sr – USDOT Number 1688622

RSR 130.61; No Further Action; Brian/Bruce - Unanimous
Shane M Perkins, dba S & R Perkins Trucking, of Abbott, Maine is an intrastate exempt for-hire carrier of logs, poles, beams, and lumber operating 1 power unit and 1 CDL driver.

During the review period the carrier had 14 violations (none serious) for a total of 43.50 points, including 6 excess vehicle weight, 2 defective brake hose, 4 inadequate tires, 1 inadequate fire extinguisher, and 1 expired inspection.  The carrier’s reported Maine mileage is 33,304 miles (FUID) resulting in an RSR of 130.61.

The carrier had 1 injury accident during the review period.

After the review period the carrier had 1 violation: speeding in a CMV greater than 14 mph over limit.

The carrier has a current Vehicle SEA of 74.00.  The carrier is in SafeStat Category H and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 50 (optional).  This is the carrier’s first preliminary review.

8. Lucky Day Auto LLC – USDOT Number 1727752

RSR 127.57; No Further Action; Patrick/Brian - Unanimous
Lucky Day Auto LLC, of Lebanon, Maine is an interstate for-hire carrier of motor vehicles and scrap metal operating 7 power units and 7 drivers (5 CDL).

During the review period the carrier had 22 violations (none serious) for a total of 64.7 points, including 1 unsafe commercial motor vehicle, 1 operating over posted weight, 2 inadequate brakes, 1 unsecured load, 4 inoperative lights, 3 defective brake hose, 1 inadequate defective equipment, 6 inadequate tires, 1 operating without a medical certificate, 1 inadequate suspension, and 1 inadequate fire extinguisher.  The carrier’s reported Maine mileage is 50,718 miles (IFTA CH) resulting in an RSR of 127.57.

After the review period the carrier had 26 violations, including 1 unsafe commercial motor vehicle, 1 inadequate brakes, 2 defective brake hose, 3 inoperative lights, 2 inadequate defective equipment, 7 inadequate tires, 1 defective brake adjustment, 5 inadequate suspension, 1 expired inspection, and 3 inadequate exhaust.

The carrier has a current Driver SEA of 92.22, a Vehicle SEA of 99.64, and a Safety Management SEA of 74.43.  The carrier is in SafeStat Category B and has a MCSIP Step of 8 (targeted) and an ISS inspection value of 97 (inspect).  This is the carrier’s first preliminary review.  Under Maine statute the carrier is a related entity to Lin-Cor Environmental LLC which is under a Federal out-of-service order.  The carrier’s right to operate in Maine is under suspension until such time as Lin-Cor’s out-of-service order is rescinded and reinstatement fees are paid.  The carrier and its related entity have leased four units to Sanborn Trucking LLC which are operating under Sanborn’s authority.

9. John R Kenney Jr – USDOT Number 1639765

RSR 120.47; No Further Action; Patrick/Bruce - Unanimous
John R Kenney Jr., dba J R Kenney Trucking, of Temple, Maine is an intrastate exempt for-hire carrier of logs, poles, beams, lumber, and bio-mass chips operating 3 power units and 2 CDL drivers.

During the review period the carrier had 18 violations (none serious) for a total of 60.50 points, including 1 operation with defective low air warning, 7 excess vehicle weight, 2 operating over posted weight, 1 defective brake hose, 2 inoperative lights, 3 inadequate tires, 1 failure to display flags/flares, and 1 expired inspection.  The carrier’s reported Maine mileage is 50,220 (FUID) resulting in an RSR of 120.47.

The carrier has a current Vehicle SEA of 62.03.  The carrier is in SafeStat Category H and has a MCSIP Step of 0 (not targeted) and an ISS selection value of 38 (pass).  This is the carrier’s first preliminary review.

9. Midwest Price Company LLC – USDOT Number 962148

RSR 109.01; Letter B; Patrick/Bruce – 4 to 1 In Favor with 1 Abstention
Midwest Price Company LLC, of West Paris, Maine is an intrastate exempt for-hire carrier of logs, poles, beams, lumber, wood chips, and bark operating 13 power units and 23 CDL drivers.

During the review period the carrier had 27 violations (none serious) for a total of 88.00 points, including 1 unsafe commercial motor vehicle, 4 defective steering, 2 excess weight, 1 operating over posted weight, 2 inadequate brakes, 4 defective brake hose, 2 inoperative lights, 2 defective coupling, 1 inadequate defective equipment, 6 defective brake adjustment, 1 inadequate suspension, and 1 operating over width.  The carrier’s reported Maine mileage is 80,725 miles (FUID) resulting in an RSR of 109.01.

During the review period the carrier had two accidents; one resulted in a fatality.

The carrier has a current Accident SEA of 58.87, a Vehicle SEA of 79.59, and a Safety Management SEA of 84.34.  The carrier is in SafeStat Category C and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 92 (inspect).  This is the carrier’s first preliminary review.

10. Rendal Poulin – USDOT Number 669106

RSR 55.93; No Further Action; Brian/Bruce – 4 to 2 In Favor
Rendal Poulin, dba Rendal Poulin Trucking, of Highland Plantation, Maine is an interstate for-hire carrier of logs, poles, beams, and lumber operating 1 power unit and 1 CDL driver.

During the review period the carrier had 10 violations (none serious) for a total of 32.40 points, including 3 excess vehicle weight, 1 operating over posted weight, 1 unsecured load, 2 defective brake hose, 2 inoperative lights, and 1 failure to provide proof of commercial inspection.  The carrier’s reported Maine mileage is 57,929 miles (IFTA CH) resulting in an RSR of 55.93.

After the review period the carrier had 10 violations, including 2 unsafe commercial motor vehicle, 1 defective steering, 2 excess vehicle weight, and 5 defective brake hose.

The carrier has a current Vehicle SEA of 74.00.  The carrier is in SafeStat Category H and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 50 (optional).  This is the carrier’s first preliminary review.

11. Leavitt Earthworks Co Inc – USDOT Number 804160

RSR 49.27; Letter B; Patrick/Brian - Unanimous
Leavitt Earthworks Co Inc, of Standish, Maine is an intrastate private property carrier of general freight, machinery, grain, feed, hay, construction equipment, and aggregate operating 6 power units and 6 CDL drivers.

During the review period the carrier had 19 violations (4 serious) for a total of 73.90 points, including 4 aggravated gross weight greater than 19%, 1 unsafe commercial motor vehicle, 1 defective steering, 2 excess vehicle weight, 1 operating over posted weight, 2 inadequate brakes, 1 inoperative lights, 1 inadequate tires, 2 defective brake adjustment, 2 inadequate suspension, 1 inadequate fire extinguisher, and 1 operating without ID device.  The carrier’s reported Maine mileage is 150,000 miles (FUID) resulting in an RSR of 49.27.
During the review period the carrier had one accident.

After the review period the carrier had 8 violations (2 serious), including 2 aggravated gross weight, 3 excess vehicle weight, and 3 inadequate tires.

The carrier has a current Vehicle SEA of 58.69.  The carrier is in SafeStat Category H and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 36 (pass).  This is the carrier’s fifth preliminary review.

12. Orland Dwelley and Son Inc – USDOT Number 737458

RSR 35.06; Letter B; David/Bruce - Unanimous
Orland Dwelley and Son Inc, of Waite, Maine is an intrastate hazmat exempt for-hire/private property carrier of logs, poles, beams, lumber, machinery, and non-bulk Class 9 hazardous materials operating 13 power units and 11 CDL drivers.

During the review period the carrier had 32 violations (none serious) for a total of 88.90 points, including 2 defective steering, 4 excess vehicle weight, 1 operating over posted weight, 2 defective brake hose, 7 inoperative lights, 2 defective coupling, 4 inadequate tires, 3 inadequate suspension, 2 failure to provide evidence of insurance, 1 failure to provide proof of commercial inspection, 1 inadequate fire extinguisher, 2 operating intrastate commercial without registration, and 1 failure to display fuel decal.  The carrier’s reported Maine mileage is 253,577 (IFTA CH and FUID) resulting in an RSR of 35.06.

After the review period the carrier has 27 violations, including 1 defective brake hose, 15 inoperative lights, 2 inadequate defective equipment, 3 inadequate tires, 2 failure to provide proof of commercial inspection, 1 expired inspection, 2 failure to surrender suspended license/registration, and 1 operating intrastate commercial without registration.

The carrier has a current Driver SEA of 38.09, a Vehicle SEA of 90.05, and a Safety Management SEA of 49.51.  The carrier is in SafeStat Category F and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 81 (inspect).  This is the carrier’s seventh preliminary review.  The carrier was issued two warning letters previously.

13. Voisine & Sons Logging Inc – USDOT Number 743718

RSR 31.80; Letter B; Brian/Patrick - Unanimous
Voisine & Sons Logging Inc, of Chester, Maine is an intrastate exempt for-hire carrier of logs, poles, beams, and lumber operating 4 power units and 4 CDL drivers.

During the review period the carrier had 27 violations (1 serious) for a total of 81.10 points, including 1 aggravated gross weight, 1 unsafe commercial motor vehicle, 1 operation with defective low air warning, 3 excess vehicle weight, 2 operating over posted weight, 2 unsecured load, 1 defective brake hose, 1 inoperative lights, 4 inadequate defective equipment, 4 inadequate tires, 1 defective brake adjustment, 1 failure to provide evidence of insurance, 1 failure to provide proof of commercial inspection, 2 expired inspection, 1 operating intrastate commercial without registration, and 1 operating without ID device.  The carrier’s reported Maine mileage is 255,000 miles (FUID) resulting in an RSR of 31.80.

After the review period the carrier had 12 violations, including 1 unsafe commercial motor vehicle, 3 inoperative lights, 2 inadequate tires, 2 defective brake adjustment, 1 inadequate fire extinguisher, 2 no VIN identification marking, and 1 failure to correct defects from last inspection.

The carrier has a current Vehicle SEA of 62.25.  The carrier is in SafeStat Category H and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 58 (optional).  This is the carrier’s second preliminary review.  The carrier was previously issued a warning letter.

14. Southern Maine Sitework Inc – USDOT Number 807089

RSR 28.76; No Further Action; Patrick/Bruce – 5 to 1 In Favor
Southern Maine Sitework Inc, of Gray, Maine is an interstate for-hire carrier of metal, motor vehicles, drive away/towaway, logs, poles, beams, lumber, building materials, machinery, dry bulk commodities, construction equipment, water, and Class 3 hazardous materials in bulk operating 9 power units and 10 drivers (8 CDL).     

During the review period the carrier had 22 violations (none serious) for a total of 66.20 points, including 2 unsafe commercial motor vehicle, 1 operation with defective low air warning, 1 excess vehicle weight, 1 operating over posted weight, 3 inadequate brakes, 2 inoperative breakaway device, 1 unsecured load, 3 inoperative lights, 3 inadequate suspension, 2 failure to provide proof of commercial inspection, 2 inadequate fire extinguisher, and 1 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 230,178 miles (FUID) resulting in an RSR of 28.76.

During the review period the carrier had one injury accident.

The carrier has a current Vehicle SEA of 99.61.  The carrier is in SafeStat Category F and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 85 (inspect).  This is the carrier’s third preliminary review.  The carrier was previously issued a warning letter.

15. Randall Madden Trucking Inc – USDOT Number 745775

RSR 25.62; No Further Action; Patrick/Brian – 5 to 1 In Favor
Randall Madden Trucking Inc, of Milford, Maine is an intrastate private property carrier of logs, poles, beams, lumber, machinery, and construction equipment operating 11 power units and 6 CDL drivers.

During the review period the carrier had 33 violations (none serious) for a total of 99.70 points, including 1 defective steering, 1 speeding in a CMV greater than 14 mph over limit, 4 operating over posted weight, 1 inadequate brakes, 6 unsecured load, 5 defective brake hose, 4 inoperative lights, 1 inadequate defective equipment, 3 inadequate tires, 1 inadequate bindings, 1 defective brake adjustment, 3 inadequate suspension, 1 failure to flag extended load, and 1 inadequate fire extinguisher.  The carrier’s reported Maine mileage is 389,100 miles (FUID) resulting in an RSR of 25.62.

After the review period the carrier had 7 violations (none serious), including 1 defective steering, 1 excess vehicle weight, 1 operating over posted weight, 1 defective brake hose, 1 defective brake adjustment, 1 inadequate suspension, and 1 failure to display DOT/MC number.

The carrier has a current Vehicle SEA of 80.51.  The carrier is in SafeStat Category F and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 77 (inspect).  This is the carrier’s first preliminary review.

16. Triple T Logging – USDOT Number 798593

RSR 24.00; No Further Action; Brian/Bruce - Unanimous
Triple T Logging, of Chester, Maine is an interstate private property carrier of logs, poles, beams, and lumber operating 3 power units and 3 CDL drivers.

During the review period the carrier had 19 violations (none serious) for a total of 57.60 points, including 3 excess vehicle weight, 1 operating over posted weight, 11 inoperative lights, 1 defective brake hose, 1 inadequate tires, 1 operating over height, and 1 failure to flag an extended load.  The carrier’s reported Maine mileage is 240,000 miles (FUID) resulting in an RSR of 24.00.

The carrier has a current Vehicle SEA of 51.05.  The carrier is in SafeStat Category H and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 31 (pass).  This is the carrier’s first preliminary review.

17. Gorham Sand & Gravel Inc – USDOT Number 755780

RSR 19.56; No Further Action; Patrick/Bruce - Unanimous
Gorham Sand & Gravel Inc, of Buxton, Maine is an intrastate exempt for-hire/private property carrier of construction equipment operating 18 power units and 16 CDL drivers.

During the review period the carrier had 19 violations (7 serious) for a total of 88.00 points, including 7 aggravated gross weight, 7 excess vehicle weight, 1 defective brake hose, 2 inadequate tires, 1 defective brake adjustment, and 1 operating without ID device.  The carrier’s reported Maine mileage is 450,000 (FUID) resulting in an RSR of 19.56.

After the review period the carrier had one adjudicated driver violation: failure to stop for a red light.

The carrier is in SafeStat Category H and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 20 (pass).  This is the carrier’s second preliminary review.

18. Stephen W Hotham Trucking LLC – USDOT Number 319679

RSR 16.78; No Further Action; Patrick/Brian – 5 to 1 In Favor
Stephen W Hotham Trucking LLC, of Albion, Maine is an intrastate exempt for-hire/private property carrier of logs, poles, beams, lumber, machinery, garbage, refuse, and trash operating 2 power units and 2 CDL drivers.

During the review period the carrier had 13 violations (none serious) for a total of 41.40 points, including 2 excess vehicle weight, 2 operating over posted weight, 3 unsecured load, 3 inoperative lights, 1 defective brake hose, 1 inadequate defective equipment, and 1 failure to provide proof of commercial inspection.  The carrier’s reported Maine mileage is 246,791 miles (FUID) resulting in an RSR of 16.78.

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

After the review period the carrier had one violation: operating over posted weight.

The carrier has a current Accident SEA of 90.98, a Driver SEA of 68.50, a Vehicle SEA of 58.23, and a Safety Management SEA of 74.43.  The carrier is in SafeStat Category D and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 92 (inspect).  This is the carrier’s first preliminary review.

19. T Raymond Forest Products Inc – USDOT Number 603426

RSR 15.98; Letter B; Brian/Patrick - Unanimous
T Raymond Forest Products Inc, of Lee, Maine is an interstate for-hire carrier of logs, poles, beams, lumber, and paper products operating 6 power units and 6 CDL drivers.

During the review period the carrier had 31 violations (none serious) for a total of 93.60 points, including 2 defective steering, 2 speeding in a CMV greater than 14 mph over the limit, 2 operating over posted weight, 4 unsecured load, 14 inoperative lights, 3 inadequate tires, 1 defective brake adjustment, 1 failure to provide evidence of insurance, 1 failure to provide proof of commercial inspection, and 1 operating intrastate without commercial registration.  The carrier’s reported Maine mileage is 585,872 miles (IFTA CH and FUID) resulting in an RSR of 15.98.

After the review period the carrier had 21 violations, including 1 operation with defective low air warning, 1 speeding in a CMV greater than 14 mph over limit, 4 inadequate brakes, 2 defective brake hose, 2 inoperative lights, 4 inadequate defective equipment, 1 defective coupling, 1 inadequate tires, 1 inadequate brake adjustment, 1 failure to provide evidence of insurance, 1 inadequate fire extinguisher, 1 inadequate exhaust, and 1 no UCR.

The carrier has a current Vehicle SEA of 64.30.  The carrier is in SafeStat Category H and has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 39 (pass).  The carrier is UCR suspended and there is evidence of operation after suspension.  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.

New Business:

A motion was made to change the carrier supplemental questionnaire, effective immediately, to include language asking the carrier to detail the plans and procedures put in place to address the safety issues that brought the carrier before the Board and the progress made to date implementing those procedures.  Brian/David - Unanimous

Next Meeting Date:

December 14, 2010 – Bureau of Motor Vehicles Executive Conference Room
8:00 AM -9:00 AM      State Police Presentation
9:00 AM                      Motor Carrier Review Board Meeting

A motion to adjourn the meeting was made at 12:26 pm; David/Bruce - Unanimous