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MOTOR CARRIER REVIEW BOARD
October 27, 2008

The Motor Carrier Review Board met on October 27, 2008. The meeting was called to order at 9:03 AM.

The following Board members were present: Mark Hutchins, Chair; Alan Quinlan; Bruce Gray; Patrick Sirois; Ronald Hutchins.

Bureau of Motor Vehicles Board Staff: Angela Giuffrida; Francis Fox; Garry Hinkley; Nicole Ibarguen; Patrick Malloy.

Maine Attorney General's Office: Gwen Thomas.

Minutes of the June 3, 2008 Board meeting were unanimously approved by the Board.

Announcements:

Patrick Sirois was introduced and welcomed to his first Board meeting. Pat replaces George Parke as the Board representative from The Maine Forest Products Council. Pat was appointed by the Governor on June 24, 2008.

The Board was informed that this would be Nicole Ibarguen's last Board meeting; she has transferred to another position in Motor Carrier Services. Nicole will complete any tasks remaining from today's meeting and then she will assume her new duties full time. The Board thanked Nicole for her dedicated service and wished her well in her new endeavor.

Angela Giuffrida was introduced to the Board. Angela will take over Nicole's former duties and will begin providing clerical support to the Board immediately upon the close of today's meeting.

UCR – the calendar year 2009 registration is under way; the fee categories and fees are the same as for the 2008 registration year. Enforcement for the 2008 registration is in effect.

IRP – the project with Explore Information Services LLC to replace the current IRP processing system is moving along nicely; the project is in the requirements definition stage for the registration module.

CVIEW – the contract is very close to being signed with Iteris.

Kittery I-95 Automated Commercial Vehicle Screening System – in contract negotiations.

BMV Computer Systems:

Bull Migration Project –

Long Term Trailer Application - implemented.
Titles Application – went live today and is functioning nicely.
Motor Carrier Services/Fuel License Application - in the requirements and development stage.
Motor Carrier Services/Overlimit Permits Application - scheduled to kick-off in November.

Correspondence:

A letter from Quanta Services, Inc. was considered during the review for Infra Source Transmission Services Co.

A letter from MMAG Company was considered during the review for MMAG Company.

Review of “A” Carriers:

Infra Source Transmission Services Co – USDOT Number 836960
RSR 4,212.7; No Action; Bruce/Ron – Unanimous.

Infra Source Transmission Services Co, of Mesa, Arizona is an interstate private property carrier of general freight, metal, motor vehicles, logs, building materials, machinery, and construction equipment/materials operating 397 power units and 110 drivers (85 CDL drivers).

During the review period (calendar year 2007), the carrier had 15 violations (4 serious) for a total of 51.1 points, including 1 aggravated gross weight, 1 no shipping papers- HazMat, 2 operating with unqualified driver, 1 unsafe commercial motor vehicle, 1 excess vehicle weight, 1 inadequate brakes, 3 operating over width restriction, 1 operating beyond overlimit permit, 2 failure to provide proof of commercial motor vehicle inspection, and 2 failure to display DOT/MC number. The carrier reported 1,213 Maine miles (IFTA – as reported to OK) resulting in a RSR of 4,212.7.

The carrier has a current Accident SEA of 2, a Driver SEA of 75, and a Vehicle SEA of 77. The carrier is SafeStat category F, and has a MCSIP Step of 0 (not targeted) and an ISS (SafeStat) of 76 (inspect). This is the carrier’s first full review after two preliminary reviews (Sept. 2007 – No Action, June 2008 – Letter A).

Documents for the record:

  1. MCRB Summary
  2. MCMIS Safety Profile
  3. SafeStat History
  4. Query Central Snapshot
  5. Detailed Inspection Reports
  6. Correspondence dated July 14, 2008 and July 18, 2008

I would like to direct the Board's attention to a letter from Quanta Services dated July 14, 2008 in which the company states that it has bought Infra Source Services, the parent company of Infra Source Transmission Services, and has "disposed of substantially" all the assets of ITS. The company requests that ITS not be reviewed.

Mark considered the letter and directed the Board clerical staff to contact ITS and tell them that the company would still be reviewed but Quanta Services need not be present at the hearing unless it decided otherwise. A letter was sent on July 18, 2008.

Michel Dube' - USDOT Number 805784
RSR 444.6; No Action; Bruce/Alan – Unanimous.

Michel Dube', dba Michel Pit Dube' Trucking, of DSL De Saint Andre, New Brunswick, Canada is an interstate private property carrier of logs, poles, beams, and lumber operating 1 power unit and 1 driver.

During the review period (calendar year 2007), the carrier had 7 violations (none serious) for a total of 21.5 points, including 2 excess vehicle weight and 5 inadequate tires. The carrier reported 4,836 Maine miles (IFTA) resulting in a RSR of 444.6.

The carrier has a current Vehicle SEA of 50. The carrier is not rated in SafeStat and has a MCSIP Step of 0 (not targeted) and an ISS (SafeStat) of 33 (pass). This is the carrier’s first full review following a preliminary review in June 2008.

Documents for the record:

  1. MCRB Summary
  2. Carrier Supplement
  3. MCMIS Safety Profile
  4. SafeStat History
  5. Query Central Snapshot
  6. Detailed Inspection Reports

Qualnet Communications LLC - USDOT Number 1303844
Recalculated RSR - 3.6; Review cancelled based on recalculated RSR.

Qualnet Communications LLC, of Gorham, Maine is an interstate private property carrier of building materials and construction equipment/materials, operating 1 power unit and 2 CDL drivers.

During the review period (calendar year 2007), the carrier had 5 violations (none serious) for a total of 17.7 points, including 2 speeding in a commercial motor vehicle greater than 14 mph over the limit, 1 excess vehicle weight, 1 inoperative breakaway device, and 1 operating without medical certificate. The carrier reported 8,941 Maine miles (IFTA) resulting in a RSR of 198.0.

The carrier has two convictions after the review period including 1 violation of a FMCSA Regulation and 1 operating without breakaway device.

The carrier has a current Driver SEA of 96, a Vehicle SEA of 73, and a Safety Management SEA of 92. The carrier is SafeStat Category B, has a MCSIP Step of 10 (targeted), and an ISS of 97 (inspect). The carrier has the 20th worst safety rating (SafeStat) in the State of Maine. The carrier had a preliminary review in June 2008.

The carrier submitted the carrier supplement after the June 2008 preliminary review. After reviewing the carrier supplement an additional speeding violation was discovered and Maine mileage was increased to 603,128. The carrier's RSR was recalculated resulting in a RSR of 3.6. Since the updated RSR was below the threshold for review, the carrier's full review was cancelled.

Follow Up of “B” Carriers (From June 3, 2008 Meeting):

Larry Sukeforth – USDOT Number 508620
Dropped from B Carrier List.

The carrier’s supplemental information was received 10/06/2008 - no changes to report.

Dale Metcalf Sr & Sons Logging & Trucking Inc – USDOT Number 554522
Dropped from B Carrier List.

The carrier’s supplemental information was received 6/20/2008 - no changes to report.

Wallboard Supply Co Inc – USDOT Number 30841
Dropped from B Carrier List.

The carrier’s supplemental information was received 6/26/2008 – updated Carrier Summary to reflect one new violation (Speeding in CMV 0-14 mph over the limit); increased RSR 15.1 to 16.7; and FTA restorations.

Top Twenty Carriers (review period 04/01/2007 to 03/31/2008):

  1. Delling Trucking Inc – USDOT Number 1307546
    RSR 18,022; Letter B; Alan/Bruce – Unanimous.

    Delling Trucking Inc of Worcester, Massachusetts, is an interstate for-hire carrier of general freight, household goods, metal, building materials, produce, grain, coal, meat, mail, beverages, paper, construction materials, and water operating 3 power units and 3 CDL drivers.

During the review period, the carrier had 5 violations (1 serious) for a total of 16.4 points, including 1 falsifying log book, 1 inoperable lights, 1 inadequate tires, 1 failure to provide proof of commercial motor vehicle inspection, and 1 inadequate fire extinguisher. The carrier reported 91 Maine miles (IRP CH) resulting in a RSR of 18,022.

The carrier has a current Driver SEA of 95, a Vehicle SEA of 99, and a Safety Management SEA of 72. The carrier is SafeStat category B, with a MCSIP Step of 10 (targeted) and an ISS of 98 (inspect). This is the carrier’s first preliminary review

  1. Paley Brothers Farms LLC – USDOT Number 107053
    RSR 477.4; Letter B; Ron/Bruce – Unanimous.

    Paley Brothers Farms, LLC of Portland, Connecticut, is an interstate for-hire and private property carrier of general freight and farm supplies operating 3 power units and 4 CDL drivers.

During the review period, the carrier had 5 violations (none serious) for a total of 17.6 points, including 1 log not current, 1 defective steering, 1 inadequate brakes, 1 no display of lights on trailer, and 1 failure to provide proof of commercial motor vehicle inspection. The carrier reported 3,687 Maine miles (IFTA) resulting in a RSR of 477.4.

The carrier has a current Driver SEA of 49 and a Vehicle SEA of 62. The carrier is not rated in SafeStat, and has a MCSIP Step of 0 (not targeted) and an ISS (SafeStat) of 40 (pass). This is the carrier’s first preliminary review.

  1. MMAG Company Inc – USDOT 1390559
    RSR 208.6; Letter B; Bruce/Alan – Unanimous

    MMAG Company Inc, dba MMAG Transportation, of Monroe Township, New Jersey, is an interstate for-hire carrier of general freight operating 3 power units and 3 CDL drivers.

During the review period, the carrier had 7 violations (two serious) for a total of 30.2 points, including 2 falsifying log book, 1 log book not current, 1 inadequate brakes, 1 no display of lights on trailer, 1 inoperative lights, and 1 operating intrastate commercial without registration. The carrier reported 14,474 Maine miles (IFTA) resulting in a RSR of 208.6.

The carrier has a current Driver SEA of 99 and a Vehicle SEA of 75. The carrier is SafeStat Category E, with a MCSIP Step of 0 (not targeted), and an ISS of 92 (inspect). This is the carrier’s first preliminary review.

The carrier has submitted a letter addressing its safety record and the violations noted previously. The letter also includes a copy of the carrier's last FMCSA audit and several pieces of correspondence addressed to FMCSA.

  1. Nathan E. Haney – USDOT Number 747860
    RSR 85.5; Letter B; Ron/Bruce – Unanimous.

    Nathan E. Haney, dba Crown of Maine Sanitation, of Caribou, Maine, is an intrastate exempt for-hire carrier of garbage, refuse, and trash operating 2 power units and 2 CDL drivers.

During the review period, the carrier had 7 violations (none serious) for a total of 17.1 points, including 1 defective steering, 2 inadequate tires, and 4 failure to provide proof of commercial motor vehicle inspection. The carrier reported 20,000 Maine miles (FUID) resulting in a RSR of 85.5.

The carrier has a current Vehicle SEA of 96. The carrier is SafeStat Category F, and has a MCSIP Step of 0 (not targeted) and an ISS of 84 (inspect). This is the carrier’s first preliminary review.

  1. Lee J Bell Construction LLC – USDOT Number 1072480
    RSR 39.4; Letter B; Bruce/Alan – Unanimous.

    Lee J Bell Construction LLC, of Dixmont, Maine, is an intrastate for-hire and exempt for-hire carrier of garbage, refuse, trash, construction equipment, dirt products, and hot top operating 8 power units and 8 CDL drivers.

During the review period, the carrier had 8 violations (none serious) for a total of 19.7 points, including 1 operating with defective low air warning device, 1 excess vehicle weight, 1 unsecured load, 3 failure to provide proof of commercial motor vehicle inspection, 1 inadequate fire extinguisher, and 1 operating commercial motor vehicle intrastate without registration. The carrier's reported Maine mileage is 50,052 (FUID) resulting in a RSR of 39.4.

After the review period the carrier had 1 violation, failure to display a valid inspection sticker.

The carrier has a Vehicle SEA of 17. The carrier is not rated in SafeStat, and has a MCSIP Step of 0 (not targeted) and an ISS (QueryCentral) of 60 (optional). This is the carrier’s first preliminary review.

  1. Peta M & Grover E Brown – USDOT Number 790750
    RSR 20.7; Letter B; Bruce/Alan – Unanimous.

    Peta M & Grover E Brown, dba Peta Brown Trucking, of Princeton, Maine, is an intrastate private property carrier of logs, poles, beams, lumber, and wood chips operating 1 power unit and 1 CDL driver.

During the review period, the carrier had 10 violations (none serious) for a total of 29.9 points, including 1 unsafe commercial motor vehicle, 2 excess vehicle weight, 1 speeding in a commercial motor vehicle greater than 14 mph over the limit, 1 operating over posted weight, 1 inadequate tires, 1 operating over height restriction, 2 failure to provide proof of commercial motor vehicle inspection, and 1 failure to display name on truck. The carrier’s reported Maine mileage is 144,474 miles (IFTA & FUID) resulting in a RSR of 20.7.

The carrier had one accident during the review period.

The carrier has a current Accident SEA of 71, a Driver SEA of 40, and a Vehicle SEA of 84. The carrier is SafeStat Category F, with a MCSIP Step of 0 (not targeted) and an ISS (SafeStat) of 78 (inspect). This is the carrier’s first preliminary review.

  1. Eliot Recycling Services LLC – USDOT Number 1412201
    RSR 16.4; Letter A; Ron/Alan – Unanimous.

    Eliot Recycling Services LLC, of Eliot, Maine, is an interstate for-hire and private property carrier of liquids, gases, scrap metal, and heating oil operating 11 power units and 9 CDL drivers.

During the review period, the carrier had 5 violations (one serious) for a total of 20.8 points, including 1 falsifying log book, 1 excess vehicle weight, 1 inadequate brakes, 1 inoperative lights, and 1 inadequate tires. The carrier’s reported Maine mileage is 126,548 miles (IFTA) resulting in a RSR of 16.4.

The carrier had 11 violations after the review period including 1 speeding in a commercial motor vehicle greater than 14 mph over the limit, 2 unsecured load, 3 inadequate tail lights, 1 failure to comply with IRP, 1 inadequate tires, 1 operating defective motor vehicle, 1 failure to signal, 1 other moving violation.

The carrier has a current an Accident SEA of 65, a Driver SEA of 76, and a Vehicle SEA of 96. The carrier is SafeStat Category C, with a MCSIP Step of 6 (targeted), and an ISS of 96 (inspect). This is the carrier’s first preliminary review.

The MCRB staff has also had a request from Maine State Police Commercial Enforcement about the protocol to have the Board review this carrier.

Old Business:

Draft Proposal for Board Consideration:

See Attached Handout – the Board clerical staff has drafted proposed changes to selection procedures and Rule in order to better identify and select motor carriers with poor safety and operating records in the State of Maine. The changes are intended to strengthen the selection process so that carriers with poor safety and operating records who did not qualify for Board review in the past, will come under the scrutiny of the Board in the future.

There was considerable discussion between the Board and staff regarding the recommendations, especially the ramifications of considering non-adjudicated violations. Motion to table consideration of the proposed changes until the next Board meeting; Pat/Alan – Unanimous.

Update on suspended carriers:

Peter M. Tufts – still under suspension
Walker Bros Circus Inc – 7/3/2008 restoration for MCRB suspension
Sheldon Eastman

Restoration for MCRB suspension
Under UCR suspension

S F Eastman LLC (related entity to Sheldon Eastman)

Restoration for MCRB suspension
Under FTA, UCR suspension

New Business:

None

Next Meeting Date:

March 5, 2009 at 9:00 AM
Bureau of Motor Vehicles – Executive Conference Room
101 Hospital Street
Augusta, ME 04333

The meeting was adjourned at 10:54 AM.


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