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Motor Carrier Review Board
September 26, 2013

Board Members Present:

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


BMV Staff Present:

April Goodwin; Francis Fox; Garry Hinkley; Kristina Morin.


Maine Attorney General's Office:

William Laubenstein, Assistant Attorney General

 


Guests:

Alan Vitcavage, State Programs Manager USDOT/FMCSA; Daniel Russell, Maine State Police Commercial Enforcement Unit - Motor Carrier Inspector; Eric Adair, Maine Division Administrator, USDOT/FMCSA; James Wright, Maine State Police Commercial Enforcement Unit - Motor Carrier Inspector Supervisor.


The Motor Carrier Review Board met on September 26, 2013.  The meeting was called to order at 8:05 AM. Mark Hutchins read the opening statement. Minutes of the May 21, 2013 Board meeting were approved. Brian/Bruce – Unanimous

Announcements:

Garry explained that MDOT, MSP, and BMV are working jointly on the expanded CVISN Plan for the next round of federal grants to upgrade the York Weigh Station, purchase mobile screening facilities, and upgrade the IRP, IFTA, and Overlimit systems.  He also made the Board aware that the other states in the New England Transportation Consortium (NH, MA, VT, and RI) have expressed a desire to withdraw from the multi-state permitting agreement.  The Bureau is currently waiting for direction from the MDOT Commissioner regarding Maine’s position.  Lastly, Garry announced that the launch of the Bureau’s Document Management System was successful and titles were currently being scanned.

Francis stated that the 2014 Unified Carrier Registration (UCR) renewals would be mailed at the end of the week, with a registration start date of October 1, 2013 and an enforcement date of January 1, 2014.  The 2014 fees will be unchanged from 2013

Correspondence:

There were seven pieces of correspondence for the Board to review, in addition to the supplemental questionnaires received:

  • A letter dated September 12, 2013 from Scott Childs, owner and president of S.D. Childs & Sons Excavation, Inc.
  • A letter dated September 16, 2013 from the law office of Howard & Bowie, P.A. on behalf of Jon R. Chadwick Inc.
  • A letter dated September 24, 2013 from Gregory F. Schools on behalf of Schools Farms
  • A letter dated September 24, 2013 from Barry L. Campbell.
  • A letter dated September 21, 2013 from Edward J. Berry, general partner of R.A. Berry & Son
  • A letter received September 25, 2013 from Christopher Bard
  • A letter received September 25, 2013 from Jeff Michaud of Future Forests Inc.

The Board took the correspondence under consideration during the review of the respective carriers.

Review of “A” Carriers:

Haskell & Sons Trucking LLC – USDOT Number 9203
RSR 48.96; No Further Action; Brian/Bruce – 4 In Favor, 1 Opposed

Haskell & Sons Trucking LLC, of Palermo, Maine is an intrastate for-hire (interstate to intrastate 2/20/2013) carrier of logs, poles, beams, and lumber operating 5 power units and 2 CDL drivers.

During the review period (April 1, 2011 to March 31, 2012) the carrier had 35 violations (three serious) for a total of 118.00 points, including 1 tire-ply or belt material exposed, 2 tire-other tread depth less than 2/32 of inch, 1 stop lamp violations, 2 steering system components worn/welded/missing, 1 power steering violations, 3 excess vehicle weight, 3 failing to secure brake hose/tubing against mechanical damage, 1 clamp/roto-chamber type brake(s) out of adjustment, 1 no or defective brake warning device, 1 automatic brake adjuster – air brake, 1 brake adjustment indicator – external automatic adjustment, 1 operating a commercial motor vehicle without periodic inspection, 1 defective/improper fifth wheel assemblies, 1 operating beyond overlimit permit, 2 inoperative required lamps, 2 no/discharged/unsecured fire extinguisher, 2 inspection/repair and maintenance parts and accessories, 2 operating intrastate commercial without registration, 1 failing to secure cargo, 1 failure to prevent cargo shifting, and 5 log violations (general/form and manner).  The carrier’s reported Maine mileage is 240,747 miles (IFTA & FUID) resulting in an RSR of 48.96.

After the review period the carrier had eleven violations (two serious), including 2 tire-other tread depth less than 2/32 of inch, 1 steering system components worn/welded/missing, 2 failing to secure brake hose/tubing against mechanical damage, 1 insufficient brake linings, 1 oil and/or grease leak, 1 no/discharged/unsecured fire extinguisher, 1 failure to provide evidence of insurance, 1 operating intrastate commercial without registration, and 1 failure to display fuel decal/license.

The carrier has a current Vehicle Maintenance BASIC of 74.9, a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 47 (pass).

This is a continuation of the carrier’s second hearing held on May 21, 2013.  The carrier’s first hearing, held in December, 2011 (RSR 23.18), resulted in a ‘No Further Action’ decision.

Notice of the September 26, 2013 continued hearing was sent to the carrier via FedEx on May 22, 2013. FedEx acknowledged delivery of the notice on May 30, 2013.  A staff member placed a call to Mr. Haskell on August 9, 2013 to inquire about the requested supplemental information.  Mr. Haskell hung up on the staff member.  The carrier has not provided the requested supplemental information to date.

Documents for the record:

  1. Motor Carrier Review Board Summary
  2. MCMIS Safety Profile
  3. Safety Measurement System History
  4. Query Central Snapshot

Ms. Jamie Haskell appeared before the Board on behalf of the carrier.  Ms. Haskell explained that the company’s operations have been downsized to just three trucks used exclusively in the woods and one dump truck that occasionally hauls gravel on the highway.  She explained that almost all the violations on the list were due to one driver whose employment was terminated.  Ms. Haskell stated that she is now driving the trucks and each morning all trucks are inspected then inspection reports are completed and filed.  She believes the company has a very good maintenance program in place now.

Follow Up of “B” Carriers (From May 21, 2013 Meeting):

Scott P Rolfe – USDOT Number 1707098
RSR 221.53; No Further Action; Brian/Bruce - Unanimous


The warning letter with the supplemental information request was sent to the carrier via FedEx on May 22, 2013.  After three unsuccessful delivery attempts the FedEx package was returned to the Bureau.  After online research, the notice with the supplemental information request was sent to a new address via FedEx on June 6, 2013 and receipt was acknowledged on June 11, 2013.  A second request for the supplemental information was mailed on June 27, 2013.  A staff member placed a call to the carrier’s cell phone on August 9, 2013; the carrier’s phone message indicated he was unavailable or out of the area.  The carrier’s supplemental questionnaire has not been received to date.

There are no new violations to report since the last meeting.

The carrier has a current Hours of Service Compliance BASIC of 59.9, a Vehicle Maintenance BASIC of 98.7 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 73 (optional).

Len Poulin Inc – USDOT Number 773400
RSR 191.82; No Further Action; Alan/Brian - Unanimous


The warning letter with the supplemental information request was sent to the carrier via FedEx on May 22, 2013 and receipt was acknowledged on May 28, 2013.  The carrier’s supplemental questionnaire was received on June 25, 2013.  The carrier reported 110,266 Maine miles which resulted in an adjusted RSR of 191.82 (previously 211.00).

There are 22 new violations to report since the last meeting (five serious), including 1 tire-front tread depth less than 4/32 of inch, 1 tire-other tread depth less than 2/32 of inch, 1 failing to use seat belt while operating a commercial motor vehicle, 2 leaf spring assembly defective/missing, 1 inoperative head lamps, 1 inoperative turn signal, 5 failing to secure brake hose/tubing against mechanical damage, 1 brake connections with leaks/constrictions, 1 clamp/roto-chamber type brake(s) out of adjustment, 1 insufficient brake linings, 1 automatic airbrake adjustment – air brake, 1 brakes (general), 1 failure to provide evidence of insurance, 1 inoperative required lamps, 1 inspection/repair and maintenance parts and accessories, 1 failure to display fuel decal, and 1 improper exhaust discharge (not rear of cab).

The carrier has a current Vehicle Maintenance BASIC of 94.7 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 90 (inspect).

Mr. Poulin appeared before the Board and explained that his company recently underwent an extensive compliance review.  Since the review the company instituted new protocols to improve safety.  The changes included hiring an hourly mechanic, hiring better quality drivers, outfitting equipment with new tires, etc.  He stated that the new maintenance program has been in place for about two months. 

Almighty Recycling – USDOT Number 2135620
RSR 56.42; No Further Action; Brian/Russell - Unanimous


The warning letter with the supplemental information request was sent to the carrier via FedEx on May 22, 2013 and receipt was acknowledged on May 28, 2013.  The carrier’s supplemental questionnaire was received on June 26, 2013.  The carrier reported 295,900 Maine miles which resulted in an adjusted RSR of 56.42 (previously 173.96).

There are three new violations to report since the last meeting (one serious), including 1 leaf spring assembly defective/missing, 1 steering system components worn/welded/missing, and 1 insufficient means to prevent lateral movement.

The carrier has a current Vehicle Maintenance BASIC of 81.1 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 63 (optional).

Adam Smith, General Manager for the company, appeared before the Board and answered questions about the company’s organization, fleet size, where the units are housed and maintained, maintenance procedures, safety initiatives, etc.  Mr. Smith also answered questions about related companies with common ownership and explained how the mechanics, maintenance plans, and safety programs are in place throughout all the companies.

Trombley Construction Inc – USDOT Number 880492
RSR 127.69; Continuance with a request for a formal safety plan; Brian/Bruce - Unanimous


The warning letter with the supplemental information request was sent to the carrier via FedEx on May 22, 2013 and receipt was acknowledged on May 28, 2013.  A second request for the supplemental information was mailed on June 27, 2013.  On August 9, 2013 a Board staff member called the carrier to inquire about the supplemental request and was told the information would be sent to the Board before the next meeting. The supplemental questionnaire has not been returned to date.

There are three new violations to report since the last meeting (one serious), including 1 failing to use seat belt while operating a commercial motor vehicle, 1 steering system components worn/welded/missing, and 1 no or defective brake warning device.

The carrier has a current Unsafe Driving BASIC of 84.9 (Alert Status), a Vehicle Maintenance BASIC of 57.5, a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 56 (optional).

Garnett Page, company superintendent/foreman, appeared before the Board on behalf of the carrier.  Mr. Page testified that the violations from the previous year were lengthy compared to previous years.  He attributed the increase in violations to rapidly expanding company operations and the new drivers that were hired during that time.  Mr. Page answered some questions from the Board about the company’s fleet size and composition and how the company processes new drivers.  He explained that the equipment was all fairly new, there was never any problem doing needed work on the trucks, and that the trucks were rotated through a routine maintenance program.  When the Board asked Mr. Page who was specifically responsible for the company drivers he stated that the company had grown recently and no one had that specific role.  He acknowledged that company roles needed to be more defined.

The Board emphasized the need for a formal company program to monitor and manage the company drivers and equipment.

Stanley’s Septic Tank Service & Construction Co – USDOT Number 798583
RSR 126.00; No Further Action; Brian/Bruce - Unanimous


The warning letter with the supplemental information request was sent to the carrier via FedEx on May 22, 2013 and receipt was acknowledged on May 28, 2013.  A second request for the supplemental information was mailed on June 27, 2013.  The carrier’s supplemental questionnaire was received on July 15, 2013.

There are no new violations to report since the last meeting.

The carrier has a current Unsafe Driving BASIC of 70.90 (Alert Status), a Vehicle Maintenance BASIC of 99.0 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 87 (inspect).

James Croxen – USDOT Number 2097350
RSR 115.63; No Further Action; Brian/Bruce - Unanimous


The warning letter with the supplemental information request was sent to the carrier via FedEx on May 22, 2013 and receipt was acknowledged on May 23, 2013.  A second request for the supplemental information was mailed on June 27, 2013.  On August 9, 2013 a Board staff member placed a call to the carrier and left a message requesting a return call.  Another party contacted the Board staff member later that same day and told her the phone number she called no longer belonged to Mr. Croxen.  The staff member was told Mr. Croxen is now working for Crawford Mobile Homes in Houlton.  The carrier has not returned the supplemental questionnaire to date.

There are no new violations to report since the last meeting.

The carrier is not currently rated in the Safety Measurement System and has a MCSIP Step of 0 (not targeted) and an ISS inspection selection value of 48 (pass).

Bryan R King Sr – USDOT Number 745577
RSR 130.00; No Further Action; Brian/Bruce - Unanimous


The warning letter with the supplemental information request was sent to the carrier via FedEx on May 22, 2013 and receipt was acknowledged on May 29, 2013.  The carrier’s supplemental questionnaire was received on June 20, 2013.  The carrier reported 60,200 Maine miles which resulted in an adjusted RSR of 130.00 (previously 108.33).

There are no new violations to report since the last meeting.

The carrier is not currently rated in the Safety Measurement System and has a MCSIP Step of 0 (not targeted) and an ISS inspection selection value of 49 (pass).

Top Twenty Carriers (for the review period 07/01/2012 to 06/30/2013):

1. Christopher J. Bard– USDOT Number 1226496
RSR 2,340.00; No Further Action; Russell/Brian - Unanimous

Christopher J. Bard, dba Chris Bard Trucking, of Farmington, Maine is an intrastate for-hire carrier of logs, poles, beams, lumber, refrigerated foods, and paper products, operating 2 power units and 1 CDL driver.

During the review period the carrier had 23 violations (seven serious) for a total of 117.00 points, including 2 tire-ply or belt material exposed, 1 tire-cut exposing ply and/or belt material, 1 tire-other tread depth less than 2/32 of inch, 1 short, length-improper securement, 1 axle positioning parts defective/missing, 1 leaf spring assembly defective/missing, 1 inoperative tail lamp, 5 inoperative turn signal, 1 mismatched slack adjuster effective length, 2 clamp/roto-chamber type brake(s) out of adjustment, 1 fifth wheel, 1 oil and/or grease leak, 1 no/discharged/unsecured fire extinguisher, 2 no/insufficient warning devices, and 2 inspection/repair and maintenance parts and accessories.  The carrier’s reported Maine mileage is 4,690 miles (FUID) resulting in an RSR of 2,340.00.

There are no violations to report after the review period.

The carrier has a current Vehicle Maintenance BASIC of 99.2 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 70 (optional).  This is the carrier’s first preliminary review.

Mr. Bard submitted a letter for the Board’s consideration which the Board reviewed.

2. Amos P. Lawrence– USDOT Number 783966
RSR 925.00; Continuance with a request for additional information; Brian/Bruce –Unanimous

Amos P. Lawrence, dba A. P. Lawrence & Daughter Construction, of St. Albans, Maine is an intrastate for-hire carrier of general freight, machinery, large objects, construction equipment, and dirt operating 3 power units and 2 CDL drivers.

During the review period the carrier had 21 violations (eight serious) for a total of 111.00 points, including 2 tire-front tread depth less than 4-32 of inch, 4 tire-other tread depth less than 2/32 of inch, 1 axle positioning parts defective/missing, 1 leaf spring assembly defective/missing, 1 steering system components worn/welded/missing, 1 inoperative head lamps, 1 inoperative turn signal, 4 excess vehicle weight, 1 failing to secure brake hose/tubing against mechanical damage, 1 oil and/or grease leak, 2 inoperative required lamps, 1 no/discharged/unsecured fire extinguisher, and 1 no/insufficient warning devices. The carrier’s reported Maine mileage is 12,000 miles (FUID) resulting in an RSR of 925.00.

After the review period the carrier had three serious violations; all were for tire-other tread depth less than 2/32 of inch.

The carrier has a current Vehicle Maintenance BASIC of 84.4 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 64 (optional).  This is the carrier’s first preliminary review.

3. Barry L. Campbell– USDOT Number 903718
RSR 450.00; No Further Action; Russell/Bruce - Unanimous

Barry L. Campbell, dba Campbell Family Farms, of Littleton, Maine is an intrastate private property carrier of fresh produce operating 20 power units and 5 drivers.

During the review period the carrier had 11 violations (three serious) for a total of 54.00 points, including 1 tire-ply or belt material exposed, 1 tire-front tread depth less than 4/32 of inch, 1 speeding 11-14 miles per hour over the speed limit, 1 stop lamp violations, 1 inoperative turn signal, 1 excess vehicle weight, 2 no or defective brake warning device, 1 oil and/or grease leak, and 2 inoperative required lamps.  The carrier’s reported Maine mileage is 12,000 miles (FUID) resulting in an RSR of 450.00.

There are no violations after the review period.

The carrier is not currently rated in the Safety Measurement System and has a MCSIP Step of 0 (not targeted) and an ISS inspection selection value of 48 (pass).  This is the carrier’s first preliminary review.

Mr. Campbell submitted a letter for the Board’s consideration which the Board reviewed.

4. Vincent J. Briggs– USDOT Number 847943
RSR 402.94; No Further Action; Russell/Alan - Unanimous

Vincent J. Briggs, dba Briggs & Sons Logging, of Madison, Maine is an intrastate private property carrier of logs, poles, beams, and lumber operating 1 power unit and 2 CDL drivers.

During the review period the carrier had 37 violations (three serious) for a total of 137.00 points, including 2 tire-other tread depth less than 2/32 of inch, 1 axle positioning parts defective/missing, 3 inoperative head lamps, 1 inoperative turn signal, 1 no/improper tractor protection valve, 2 mismatched brake chambers on same axle, 5 clamp/roto-chamber type brake(s) out of adjustment, 1 inoperative/defective brakes, 2 automatic brake adjuster – air brake, 1 brake-reserve system pressure loss, 2 failure to correct defects noted on inspection report, 1 loose/unfastened tiedown, 2 horn inoperative, 1 oil and/or grease leak, 1 unsafe operations forbidden, 4 inoperative required lamps, 1 no/insufficient warning devices, 3 inspection/repair and maintenance parts and accessories, 1 failing to secure cargo, 1 failing to secure vehicle equipment, and 1 no/improper securement of logs.  The carrier’s reported Maine mileage is 34,000 miles (FUID) resulting in an RSR of 402.94.

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

After the review period the carrier had 8 violations (two serious), including 1 axle positioning parts defective/missing, 1 leaf spring assembly defective/missing, 2 inoperative head lamps, 1 failure to provide evidence of insurance, 1 no/discharged/unsecured fire extinguisher, 1 inspection/repair and maintenance parts and accessories, and 1 windshield wipers inoperative/defective.

The carrier has a current Vehicle Maintenance BASIC of 97.6 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 69 (optional).  This is the carrier’s first preliminary review.

Mr. Briggs appeared before the Board to explain some of the violations and the steps he has taken to prevent such violations in the future.  He explained that he has a new driver who is very good about inspecting the truck and noticing problems that need to be addressed.  He also stated that routine maintenance is performed on the truck every weekend, and major issues are handled by a qualified garage.  Mr. Briggs recently purchased all new tires for the truck and emphasized that the woods operation is very hard on the truck.

5. Halvor D. Libby– USDOT Number 798599
RSR 353.85; Continuance with a request for additional information; Russell/Brian - Unanimous

Halvor D. Libby, dba Libby Bros Lumber Co., of Pittston, Maine is an intrastate private property carrier of logs, poles, beams, lumber, machinery, large objects, and construction equipment/materials operating 4 power units and 1 driver.

During the review period the carrier had 9 violations (2 serious) for a total of 46.00 points, including 1 operating a commercial motor vehicle while ill/fatigued, 1 axle positioning parts defective/missing, 1 inoperative head lamps, 1 inoperative tail lamp, 1 inoperative turn signal, 1 failure to correct defects noted on inspection report, 1 oil and/or grease leak, 1 inoperative required lamps, and 1 inspection/repair and maintenance parts and accessories.  The carrier’s reported Maine mileage is 12,870 miles (FUID) resulting in an RSR of 353.85.

After the review period the carrier had 13 violations (3 serious), including 2 tire-other tread depth less than 2/32 of inch, 1 leaf spring assembly defective/missing, 1 inoperative turn signal, 1 inadequate brake system on a commercial motor vehicle, 1 clamp/roto-chamber type brake(s) out of adjustment, 1 brakes (general), 2 no/defective lighting devices/reflective devices/projected, 1 oil and/or grease leak, 2 inoperative required lamps, and 1 failure to display fuel decal.

The carrier has a current Vehicle Maintenance BASIC of 98.1 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 69 (optional).  This is the carrier’s first preliminary review.

6. Gregory F. Schools– USDOT Number 900909
RSR 280.00; No Further Action; Brian/Bruce - Unanimous

Gregory F. Schools, dba Schools Farms, of Littleton, Maine is an intrastate private property carrier of fresh produce, grain, feed, hay, and farm supplies operating 12 power units and 4 drivers.

During the review period the carrier had 9 violations (two serious) for a total of 42.00 points, including 1 tire-other tread depth less than 2/32 of inch, 1 failing to use seat belt while operating a commercial motor vehicle, 1 stop lamp violations, 1 inoperative head lamps, 1 inoperative turn signal, 1 no or defective brake warning device, 2 no/discharged/unsecured fire extinguisher, and 1 fuel system requirements.  The carrier’s reported Maine mileage is 15,000 miles (FUID) resulting in an RSR of 280.00.

There are no violations to report after the review period.

The carrier has a current Vehicle Maintenance BASIC of 89.1 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 66 (optional).  This is the carrier’s first preliminary review.

Mr. Schools submitted a letter for the Board’s consideration which the Board reviewed.

7. Alton Anderson II– USDOT Number 882420
RSR 235.00; No further action; Russell/Bruce - Unanimous

Alton Anderson II, dba A & S Construction, of Corinna, Maine is an intrastate for-hire carrier of general freight operating 1 power unit and 1 CDL driver.

During the review period the carrier had 9 violations (two serious) for a total of 47.00 points, including 2 tire-other tread depth less than 2/32 of inch, 1 inoperative turn signal, 1 stop lamp violations, 2 failing to secure brake hose/tubing against mechanical damage, 1 clamp/roto-chamber type brake(s) out of adjustment, 1 automatic brake adjuster – air brake, and 1 horn inoperative.  The carrier’s reported Maine mileage is 19,500 miles (FUID) resulting in an RSR of 235.00.

There are no violations to report after the review period.

The carrier is not currently rated in the Safety Measurement System and has a MCSIP Step of 0 (not targeted) and an ISS inspection selection value of 47 (pass).  This is the carrier’s first preliminary review.

8. Robert J. Nelson– USDOT Number 756474
RSR 206.12; Continuance with request for additional information; Russell/Brian –Unanimous

Robert J. Nelson of Dexter, Maine is an intrastate private property carrier of logs, poles, beams, and lumber operating 1 power unit and 1 CDL driver.

During the review period the carrier had 26 violations (four serious) for a total of 101.00 points, including 2 tire-other tread depth less than 2/32 of inch, 1 axle positioning part defective/missing, 1 failing to use a seat belt while operating a commercial motor vehicle, 1 steering system components worn/welded/missing, 1 power steering violations, 6 failing to secure brake hose/tubing against mechanical damage, 1 inadequate brakes for safe stopping, 2 clamp/roto-chamber type brake(s) out of adjustment, 1 brakes (general), 1 no/defective lighting devices/reflective devices/projected, 1 oil and/or grease leak, 1 inoperative required lamps, 4 inspection/repair and maintenance parts and accessories, 2 windshield wipers inoperative/defective, and 1 exhaust leak under truck cab and/or sleeper.  The carrier’s reported Maine mileage is 49,380 miles (FUID) resulting in an RSR of 206.12.

There are four violations to report after the review period (one serious), including 1 leaf spring assembly defective/missing, 1 brake tubing and hose adequacy, and 2 failing to secure brake hose/tubing against mechanical damage.

The carrier has a current Vehicle Maintenance BASIC of 95.1 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 68 (optional).  This is the carrier’s first preliminary review.

9. Andrew D. Smith Jr.– USDOT Number 1845540
RSR 124.29; No Further Action; Brian/Bruce - Unanimous

Andrew D. Smith Jr., dba A. D. Smith Trucking, of Guilford, Maine is an intrastate private property carrier of logs, poles, beams, and lumber operating 3 power units and 3 CDL drivers.

During the review period the carrier had 18 violations (three serious) for a total of 87.00 points, including 1 tire-ply or belt material exposed, 1 tire-other tread depth less than 2/32 of inch, 1 failing to use seat belt while operating a commercial motor vehicle, 1 inoperative head lamps, 2 inoperative tail lamp, 7 excess vehicle weight, 1 failing to secure brake hose/tubing against mechanical damage, 1 clamp/roto-chamber type brake(s) out of adjustment, 1 automatic brake adjuster – air brake, 1 operating a commercial motor vehicle without periodic inspection, and 1 no/discharged/unsecured fire extinguisher.  The carrier’s reported Maine mileage is 69,872 miles (FUID) resulting in an RSR of 124.29.

The carrier had one accident during the review period.

After the review period the carrier had 25 violations (one serious), including 1 tire-other tread depth less than 2/32 of inch, 1 steering system components worn/welded/missing, 3 excess vehicle weight, 8 failing to secure brake hose/tubing against mechanical damage, 1 inadequate brakes for safe stopping, 3 clamp/roto-chamber type brake(s) out of adjustment, 1 automatic brake adjuster – air brake, 2 operating a commercial motor vehicle without periodic inspection, 1 defective/improper fifth wheel assemblies, 1 inspection/repair and maintenance parts and accessories, 2 failure to display fuel decal, and 1 operating intrastate commercial without registration.

The carrier has a current Vehicle Maintenance BASIC of 97.6 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 69 (optional).  This is the carrier’s second preliminary review.  The carrier had a hearing in December 2012 which resulted in a ‘No Further Action’ finding (RSR 226.98).

10. Ivan D. Gordon– USDOT Number 192920
RSR 120.00; No Further Action; Brian/Bruce - Unanimous

Ivan D. Gordon, dba Ivan Gordon Trucking, of Mattawamkeag, Maine is an intrastate for-hire carrier of logs, poles, beams, lumber, machinery, large objects, and construction equipment/materials operating 1 power unit and 1 CDL driver.

During the review period the carrier had 14 violations (one serious) for a total of 48.00 points, including 1 flat tire or fabric exposed, 1 inoperative head lamps, 2 failing to secure brake hose/tubing against mechanical damage, 1 insufficient brake linings, 1 clamp/roto-chamber type brake(s) out of adjustment, 1 inoperative/defective brakes, 2 frame cracked/loose/sagging/broken, 1 no/discharged/unsecured fire extinguisher, and 4 inspection/repair and maintenance parts and accessories.  The carrier’s reported Maine mileage is 40,370 miles (FUID) resulting in an RSR of 120.00.

The carrier had two tow-away accidents during the review period.

There are no violations to report after the review period.

The carrier has a Crash Indicator BASIC of 98.5 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 54 (optional).  This is the carrier’s first preliminary review.

11. Future Forests Inc.– USDOT Number 788110
RSR 118.18; No Further Action; Brian/Bruce - Unanimous

Future Forests Inc. of Vassalboro, Maine is an intrastate private property carrier of logs, poles, beams, lumber, machinery, and large objects operating 3 power units and 2 CDL drivers.

During the review period the carrier had 10 violations (two serious) for a total of 39.00 points, including 1 failing to use seat belt while operating a commercial motor vehicle, 1 leaf spring assembly defective/missing, 1 steering system components worn/welded/missing, 1 inoperative head lamps, 1 clamp/roto-chamber type brake(s) out of adjustment, 1 operating a commercial motor vehicle without periodic inspection, 1 cab/body improperly secured to frame, 1 operating intrastate commercial without registration, 1 failing to secure cargo, and 1 windshield wipers inoperative/defective.   The carrier’s reported Maine mileage is 33,326 miles (FUID) resulting in an RSR of 118.18.

After the review period the carrier had three violations (none serious), including 1 steering system components worn/welded/missing and 2 clamp/roto-chamber type brake(s) out of adjustment.

The carrier is not currently rated in the Safety Measurement System and has a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 1 (pass).  This is the carrier’s second preliminary review.  The first preliminary review held in March 2012 resulted in a ‘No Further Action’ finding (RSR 153.66).

Jeff Michaud submitted a letter on behalf of the carrier for the Board’s consideration which the Board reviewed.

12. Regional Rubbish Remove Inc.– USDOT Number 885317
RSR 112.73; No Further Action; Russell/Bruce - Unanimous

Regional Rubbish Removal Inc. of Damariscotta, Maine is an intrastate private property carrier of garbage, refuse, and trash operating 8 power units and 5 drivers.

During the review period the carrier had 12 violations (four serious) for a total of 62.00 points, including 1 tire-other tread depth less than 2/32 of inch, 1 failing to use seat belt while operating a commercial motor vehicle, 1 rear of container not properly secured, 1 axle positioning parts defective/missing, 1 stop lamp violations, 1 inoperative head lamps, 1 insufficient brake linings, 1 clamp/roto-chamber type brake(s) out of adjustment, 2 operating a commercial motor vehicle without periodic inspection, 1 oil and/or grease leak, and 1 inspection/repair and maintenance parts and accessories.  The carrier’s reported Maine mileage is 54,704 miles (FUID) resulting in an RSR of 112.73.

There are no violations to report after the review period.

The carrier has a current Vehicle Maintenance BASIC of 92.8 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 67 (optional).  This is the carrier’s first preliminary review.

13. D R Flagg & Son Trucking Co.– USDOT 788448
RSR 90.00; No Further Action; Brian/Russell - Unanimous

D. R. Flagg & Son Trucking Co. of Jefferson, Maine is an intrastate private property carrier of logs, poles, beams, and lumber operating 6 power units and 4 CDL drivers.

During the review period the carrier had 17 violations (four serious) for a total of 81.00 points, including 1 tire-cut exposing ply and/or belt material, 3 tire-other tread depth less than 2/32 of inch, 2 steering system components worn/welded/missing, 1 inoperative head lamps, 1 inoperative tail lamp, 2 excess vehicle weight, 1 brake connections with leaks/constrictions, 2 oil and/or grease leak, 1 failure to provide evidence of insurance, 2 inspection/repair and maintenance parts and accessories, and 1 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 90,000 miles (FUID) resulting in an RSR of 90.00.

There are no violations to report after the review period.

The carrier has a current Vehicle Maintenance BASIC of 87.9 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 65 (optional).  This is the carrier’s first preliminary review.

14. Advanced Development Co. LLC– USDOT Number 1448775
RSR 79.33; No Further Action; Russell/Bruce - Unanimous

Advanced Development Co LLC of Hermon, Maine is an intrastate for-hire carrier of logs, poles, beams, lumber, machinery, large objects, garbage, refuse, trash, and construction equipment/materials operating 5 power units and 5 CDL drivers.

During the review period the carrier had 27 violations (five serious) for a total of 119.00 points, including 4 tire-other tread depth less than 2/32 of inch, 1 leaf spring assembly defective/missing, 1 stop lamp violations, 1 inoperative tail lamp, 1 failing to secure brake hose/tubing against mechanical damage, 1 mismatched slack adjuster effective length, 4 insufficient brake linings, 3 clamp/roto-chamber type brake(s) out of adjustment, 1 no or defective brake warning device, 2 automatic brake adjuster – air brake, 1 brake-reserve system pressure loss, 1 failure to correct defects noted on inspection report, 1 failure to stop at weigh station, 2 frame accessories improperly attached, 2 no/discharged/unsecured fire extinguisher, and 1 inspection/repair and maintenance parts and accessories.  The carrier’s reported Maine mileage is 150,000 miles (FUID) resulting in an RSR of 79.33.

The carrier had one accident during the review period.

After the review period the carrier had 34 violations (11 serious), including 3 flat tire or fabric exposed, 2 tire-front tread depth less than 4/32 of inch, 6 tire-other tread depth less than 2/32 of inch, 1 inoperative head lamps, 1 inoperative tail lamp, 3 inoperative turn signal, 2 failing to secure brake hose/tubing against mechanical damage, 2 clamp/roto-chamber type brake(s) out of adjustment, 3 inoperative/defective brakes, 2 automatic brake adjuster – air brakes, 1 oil and/or grease leak, 1 frame cracked/loose/sagging/broken, 2 inoperative required lamps, 1 no/discharged/unsecured fire extinguisher, 2 inspection/repair and maintenance parts and accessories, 1 failure to display fuel decal, and 1 windshield wipers inoperative/defective.

The carrier has a current Vehicle Maintenance BASIC of 99.0 (Alert Status), a Crash Indicator BASIC of 84.7 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 87 (inspect).  This is the carrier’s first preliminary review.

Aaron Spence, owner of Advanced Development Co LLC, appeared before the Board.  Mr. Spence explained the company’s operation and answered questions about his maintenance program.  All vehicles are garaged at the shop each night; he has two mechanics in the shop performing maintenance on the vehicles.  Mr. Spence oversees the maintenance and uses a rotating maintenance schedule.  He also stated that all drivers are required to perform pre-trip inspections.  He has security cameras on the premises and drivers that are not performing the pre-trip inspections are fired.

15. S D Childs & Sons Excavation Inc.– USDOT 745092
RSR 73.91; No Further Action; Brian/Bruce - Unanimous

S. D. Childs & Sons Excavation, Inc. of Palermo, Maine is an intrastate for-hire carrier of logs, poles, beams, lumber, machinery, large objects, and construction equipment/materials operating 7 power units and 4 drivers.

During the review period the carrier had 14 violations (four serious) for a total of 68.00 points, including 1 tire-ply or belt material exposed, 2 tire-other tread depth less than 2/32 of inch, 1 axle positioning parts defective/missing, 1 inoperative head lamps, 2 excess vehicle weight, 3 failing to secure brake hose/tubing against mechanical damage, 1 insufficient brake linings, 1 oil and/or grease leak, and 2 inoperative required lamps.  The carrier’s reported Maine mileage is 92,000 miles (FUID) resulting in an RSR of 73.91.

There are no violations to report after the review period.

The carrier has a current Vehicle Maintenance BASIC of 87.1 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 65 (optional).  This is the carrier’s first preliminary review.

Scott Childs, owner and president of S.D. Childs & Sons Excavation, Inc., submitted a letter for the Board’s consideration which the Board reviewed.

16. John R. Chadwick Inc.– USDOT Number 745048
RSR 64.00; No Further Action; Russell/Bruce - 4 in Favor, 1 Opposed

Jon R. Chadwick Inc. of Nobleboro, Maine is an intrastate for-hire property carrier of logs, poles, beams, lumber, machinery, large objects, garbage, refuse, and trash operating 4 power units and 3 CDL drivers.

During the review period the carrier had 21 violations (three serious) for a total of 96.00 points, including 3 tire-other tread depth less than 2/32 of inch, 1 steering system components worn/welded/missing, 2 inoperative head lamps, 4 inoperative turn signal, 1 clamp/roto-chamber type brake(s) out of adjustment, 1 automatic brake adjuster – air brake, 1 operating a commercial motor vehicle without periodic inspection, 1 failure to correct defects noted on inspection report, 2 oil and/or grease leak, 1 inoperative required lamps, 2 no/discharged/unsecured fire extinguisher, 1 operating intrastate commercial without registration, and 1 no/improper securement of roll/hook container.  The carrier’s reported Maine mileage is 150,000 miles (FUID) resulting in an RSR of 64.00.

The carrier had one non-reportable accident during the review period.

After the review period the carrier had four violations (none serious), including 1 inoperative head lamps, 1 clamp/roto-chamber type brake(s) out of adjustment, 1 automatic brake adjuster – air brake, and 1 wheel (mud) flaps missing.

The carrier has a current Vehicle Maintenance BASIC of 97.6 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 69 (optional).  This is the carrier’s first preliminary review.

The law office of Howard & Bowie, P.A. submitted a letter on behalf of the carrier for the Board’s consideration which the Board reviewed.

Jon Chadwick appeared before the Board on behalf of the carrier.  Mr. Chadwick explained that he has three power units and lots of trailers and the trucks start and stop at his maintenance shop each day.  He told the Board that except for minor repairs by the drivers, he takes care of all maintenance with some help in his shop.  Mr. Chadwick told the Board he was a trained mechanic and once held an inspection license.  He disputed the one accident that was recorded on his record and stated that since there was no injury or property damage the tire that came off the truck and broke the hub was just a mechanical breakdown, not an accident.  He also mentioned that some of the violations on his record were pending in court and he was frustrated that non-adjudicated violations were part of the record.

17. Doug Gott & Sons Inc.– USDOT Number 755916
RSR 42.86; Continuance with a request for additional information; Brian/Bruce - Unanimous

Doug Gott & Sons Inc. of Southwest Harbor, Maine is an intrastate for-hire carrier of logs, poles, beams, lumber, machinery, large objects, and construction equipment/materials operating 33 power units and 16 CDL drivers.

During the review period the carrier had 41 violations (seven serious) for a total of 183.00 points, including 1 speeding 15 or more miles per hour over the speed limit, 1 flat tire or fabric exposed, 2 tire-other tread depth less than 2/32 of inch, 1 tires (general), 1 failing to use seat belt while operating a commercial motor vehicle, 1 leaf spring assembly defective/missing, 1 steering system components worn/welded/missing, 2 stop lamp violations, 3 inoperative head lamps, 4 inoperative turn signal, 2 excess vehicle weight, 2 failing to secure brake hose/tubing against mechanical damage, 1 clamp/roto-chamber type brake(s) out of adjustment, 1 inoperative/defective brakes, 2 operating a commercial motor vehicle without periodic inspection, 3 brakes (general), 1 frame cracked/loose/sagging/broken, 5 inoperative required lamps, 2 no/discharged/unsecured fire extinguisher, 1 no/insufficient warning devices, 1 inspection/repair and maintenance parts and accessories, 1 damaged or discolored windshield, 1 exhaust leak under truck cab and/or sleeper, and 1 warning flag required on projecting load.  The carrier’s reported Maine mileage is 427,342 miles (FUID) resulting in an RSR of 42.86.

The carrier had one accident during the review period.

There are 14 violations to report after the review period (none serious), including 1 failing to secure brake hose/tubing against mechanical damage, 1 insufficient brake linings, 2 clamp/roto-chamber type brake(s) out of adjustment, 1 automatic brake adjuster – air brake, 1 brake- reserve system pressure loss, 1 no or inadequate driver vehicle inspection report, 1 operating a commercial motor vehicle without periodic inspection, 1 oil and/or grease leak, 1 unsafe operations forbidden, 1 frame cracked/loose/sagging/broken, 2 inspection/repair and maintenance parts and accessories, and 1 failure to display fuel decal.

The carrier has a current Vehicle Maintenance BASIC of 95.0 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 68 (optional).  This is the carrier’s first preliminary review.

18. David W. St. Clair– USDOT Number 371001
RSR 41.85; No Further Action; Brian/Bruce - Unanimous

David W. St. Clair, dba Dave’s World, of Liberty, Maine is an intrastate private property carrier of general freight, metal, logs, poles, beams, lumber, machinery, large objects, and construction equipment/materials operating 11 power units and 7 CDL drivers.

During the review period the carrier had 15 violations (five serious) for a total of 77.00 points, including 1 tire-front tread depth less than 4/32 of inch, 4 tire-other tread depth less than 2/32 of inch, 2 steering system components worn/welded/missing, 1 inoperative tail lamp, 1 inoperative turn signal, 1 brake tubing and hose adequacy, 1 no/discharged/unsecured fire extinguisher, 3 inspection/repair and maintenance parts and accessories, and 1exhaust leak under truck cab and/or sleeper.  The carrier’s reported Maine mileage is 184,486 miles (FUID) resulting in an RSR of 41.85.

There are two violations to report after the review period (none serious), including 1 no or defective lighting devices or reflective material as required and 1 operating intrastate commercial without registration.

The carrier has a current Vehicle Maintenance BASIC of 93.6 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 67 (optional).  This is the carrier’s first preliminary review.

Ms. Tammy Reynolds appeared before the Board on behalf of the carrier.  She briefly explained the company’s operation, stating that it was a family business and then answered questions about how and where maintenance was performed.  Ms.  Reynolds stated that it was informative sitting through the meeting.

19. Clisham Construction LLC– USDOT Number 813012
RSR 39.13; No Further Action; Brian/Bruce - Unanimous

Clisham Construction LLC of Winterport, Maine is an intrastate for-hire carrier of commodities, dry bulk, construction equipment/materials, and aggregate products operating 14 power units and 13 CDL drivers.

During the review period the carrier had 40 violations (12 serious) for a total of 180.00 points, including 5 tire-other tread depth less than 2/32 of inch, 4 axle positioning parts defective/missing, 3 leaf spring assembly defective/missing, 2 steering system components worn/welded/missing, 1 inoperative head lamps, 4 failing to secure brake hose/tubing against mechanical damage, 1 brake connections with leaks/constrictions, 1 inadequate brakes for safe stopping, 1 insufficient brake linings, 1 ABS-malfunctioning circuit/signal, 1 ABS-malfunctioning indicator to cab of towing commercial motor vehicle, 2 brakes (general), 1 brake-air compressor violation, 1 fifth wheel, 1 tire under-inflated, 1 horn inoperative, 1 failure to provide evidence of insurance, 2 inoperative required lamps, 1 no/insufficient warning devices, 2 inspection/repair and maintenance parts and accessories, 2 operating intrastate commercial without registration, 1 fuel system requirements, and 1 log violation (general/form and manner).  The carrier’s reported Maine mileage is 460,000 miles (FUID) resulting in an RSR of 39.13.

During the review period the carrier was involved in four accidents, two of which resulted in a fatality.

There are 26 violations to report after the review period (six serious) , including, 1 flat tire or fabric exposed, 1 using a hand-held mobile telephone while operating a commercial motor vehicle, 1 tire-other tread depth less than 2/32 of inch, 1 failing to use seat belt while operating a commercial motor vehicle, 1 axle positioning parts defective/missing, 1 leaf spring assembly defective/missing, 2 steering system components worn/welded/missing, 3 failing to secure brake hose/tubing against mechanical damage, 2 clamp/roto-chamber type brake(s) out of adjustment, 3 automatic brake adjuster-air brake, 1 brakes (general), 1 oil and/or grease leak, 3 inoperative required lamps, 1 frame accessories improperly attached, 3 inspection/repair and maintenance parts and accessories, and 1 operating intrastate commercial without registration.

The carrier has a current Vehicle Maintenance BASIC of 79.2, a Crash Indicator BASIC of 84.1 (Alert Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 57 (optional).  This is the carrier’s first preliminary review.

William Massure appeared before the Board on behalf of the carrier and briefly discussed the company’s operation and maintenance program.  He told the Board the company had expanded the number of units in operation (now 21) and had brought on an extra mechanic to help with maintenance.  Mr. Massure also talked about the driver’s responsibility in identifying maintenance issues and stated that drivers are required to provide a maintenance list when they return the units to the garage every Friday.  He also discussed the company’s accidents during the review period and noted that the company was not at fault in the two fatality accidents.

Dan Russell told the Board that a compliance review would be done on the carrier in the near future.  He stated that the review had already been assigned by MSP.

Edward J. Berry & Roberta E. Berry, dba R. A. Berry & Son, of Norridgewock, ME were originally scheduled for a preliminary review.  However, subsequent corrections to FMCSA’s violation record dropped the carrier’s violations below the minimum number of violations needed to be considered for a preliminary review and the carrier was dropped from the Top Twenty list.

Old Business:

At the last meeting the Board asked Maine State Police and FMCSA to investigate the connection between Greenbush LLC and Gateway Inn/McLaughlin’s Timber Trucking Inc.  Dan Russell gave a brief oral presentation of the progress to date.  He stated that MSP has been trying to contact the president of Gateway Inn and just recently did learn that Greenbush LLC was incorporated in Connecticut in July, 2013.  The corporate clerk is Shawn McLaughlin.  Dan stated that the Greenbush LLC trucks have been hauling logs/chips out of Medway.  MSP plans to do a compliance review on the company in the very near future and will report back to the Board at the next meeting.

At the last meeting the Board asked Bill, Francis, and Garry to review the “Letter B” carrier process, and make recommendations for possible changes.  Garry prepared a written report for the Board and made an oral presentation summarizing the report.  The report detailed the current “Letter B” warning process and recommended the “Letter B” process become essentially a “continuation for more information”.  This continuation of the preliminary review would be reserved for carriers the Board is considering for a hearing unless the carrier can provide supplemental information that shows reasons for not holding the hearing.  The preliminary review would continue until the Board makes a finding and recommendation.  The Board discussed the recommendation and agreed to the process change.

New Business:

None

Next Meeting Date:

The next meeting is Tuesday December 3, 2013 at 8:00 AM
Bureau of Motor Vehicles – Executive Conference Room

A motion was made to adjourn the meeting at 11:59 a.m.; Bruce/Brian - Unanimous



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