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Motor Carrier Review Board
October 4, 2011

Board Members Present:

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


BMV Staff Present:

Garry Hinkley, Francis Fox, Patrick Malloy, and Angela Giuffrida


Attorney General's Office:

Bill Laubenstien and, Gregory Im

 


 

The Motor Carrier Review Board met on October 4, 2011.  The meeting was called to order at 8:12 AM.

Minutes of the June 14, 2011 Board meeting were approved. Brian/Patrick – Unanimous

Announcements:

  • Assistant Attorney General Bill Laubenstein introduced his colleague, Assistant Attorney General Gregory Im to the Board.  Bill explained he had taken another position in the Attorney General’s Office and Greg would be assuming his duties with the Board.
  • Garry spoke briefly about Maine’s recent efforts to reach CVISN Level 1 compliance.
  • 2012 UCR registration began on October 1, 2011.  The UCR Board recommended a February 1, 2012 enforcement date.

Correspondence:

The Board received seven pieces of correspondence for its consideration:

  • A document entitled ‘Almighty Waste Compliance Program 2011-2013’ sent on July 14, 2011 by Roger Needham, Almighty Waste & Recycling Operations;
  • A letter, dated September 9, 2011, sent by Dean A. Young, owner of Dean Young Forestry;
  • A letter, dated September 12, 2011, sent by Tracy Gordon, owner of Gordon Lumbering & Trucking;
  • A letter, dated September 14, 2011, sent by Ellen McLaughlin, Corporate Clerk for Gateway Inn.
  • An out-of-business notice (MV-253 inactivating USDOT Number), dated September 20, 2011, from David Myerscough;
  • A letter, received September 28, 2011, sent by Charles T. Hurd, Owner/President of Hurd Manufacturing Inc; and
  • A letter, received October 3, 2011, sent by Dan Thornton, Manager of Thornton Construction Inc.

The Board took each piece of correspondence under consideration during the review of the respective carrier.

Review of “A” Carriers:

Review of “A” Carriers:

Almighty Waste Inc/Ace Professional Towing– USDOT Numbers 655180/1143747 (At its June 14, 2011 meeting the Board voted for a Continuance (6 months) with the following conditions: the carrier is to appear before the Board in December 2011; prior to appearing before the Board the carrier is to submit a narrative to the Board detailing the steps taken and the progress made reducing safety violations; and the stay of suspension is to remain in effect until the carrier appears before the Board)

Roger Needham, on behalf of Almighty Waste & Recycling Operations, requested, and was granted permission to appear before the Board to discuss the document entitled “Almighty Waste Compliance Program 2011-2013” submitted to the Board on July 14, 2011.  Mr. Needham, Scott Ferland, owner of Almighty Waste Inc, and Attorney Michael Dubois were present representing Almighty Waste Inc.

Mr. Ferland testified that he was here to try and resolve outstanding issues; get feedback, input, and advice on the company’s newly implemented compliance program; and to clear the stayed suspension.  Board members commented on the program and asked Mr. Ferland questions regarding the success and challenges of the program to date.  Mr. Ferland testified that the program had been in place about two months and things were going very well.  He stated that the lead drivers were enjoying the extra recognition and really stepping up to lead their peers.  He also talked about incentives, for instance a chrome part purchased and placed on a driver’s truck, that have been extremely well received and effective in influencing positive driver actions and compliance.

A motion was made to make a recommendation to the Secretary of State that the order to suspend Almighty Waste Inc’s privilege to operate commercial motor vehicles in Maine be rescinded and no further action is required of the carrier. Russell/Brian - Unanimous

Follow Up of “B” Carriers (From June 14, 2011 Meeting):

Tyler Transportation LLC - USDOT Number 508117
RSR 744.63; No Further Action; Russell/Brian - Unanimous
The warning letter and supplemental request was sent via FedEx on June 14, 2011 and delivered to the carrier on June 16, 2011.  A second request for information was sent by first class mail and fax on September 2, 2011.  On September 6, 2011 the previously faxed cover sheet was returned by fax with a hand written message stating “the company is no longer in business - owner is deceased”.  There is one additional FTA suspension to report since the last meeting.  The carrier’s USDOT Number is still active, but the carrier has no current operating authority with FMCSA.  The carrier has a current Unsafe Driving BASIC of 66.5 (Monitor Status), a Fatigued Driving BASIC of 99.1 (Monitor Status), and a Vehicle Maintenance BASIC of 99.7 (Monitor Status).  The carrier has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 97 (inspect).

Brett E Davis – USDOT Number 772155
RSR 135.44; Letter A; Brian/Patrick - Unanimous
The warning letter and supplemental request was sent via FedEx on June 14, 2011 and delivered to the carrier on June 15, 2011.  A second request for information was sent by first class mail and fax on September 2, 2011; the fax was not successfully delivered.  The supplemental questionnaire has not been received to date.

The carrier has 24 new violations to report since the last meeting, including 2 inadequate brakes, 1 inoperative light, 3 inadequate defective equipment, 7 inadequate tires, 2 defective brake adjustment, 3 inadequate suspension, 2 inadequate fire extinguisher, 1 inadequate exhaust, 2 operating intrastate commercial without registration, and 1 failure to display name on truck/tractor.

The carrier currently has a Controlled Substances and Alcohol BASIC in monitor status, a Vehicle Maintenance BASIC of 99.4 (Monitor Status), a MCSIP Step of 57 (Federal OOS: Failure to Pay), and an ISS selection value of 89 (inspect).

Down East Disposal LLC – USDOT Number 1651512
RSR 117.08; Letter A; Brian/Patrick - Unanimous
The warning letter and supplemental request was sent via FedEx on June 14, 2011 and delivered to the carrier on June 16, 2011.  A second request for information was sent by first class mail and fax on September 2, 2011; the fax was not successfully delivered.  The supplemental questionnaire has not been received to date.

There are two new violations to report: 1 defective coupling and 1 inadequate tires.  The carrier currently has a Vehicle Maintenance BASIC of 78.9 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 48 (pass).

Jeffery R Richards – USDOT Number 2032352
RSR 84.91; Letter A; Brian/Alan - Unanimous
The warning letter and supplemental request was sent via FedEx on June 14, 2011 and delivered to the carrier on June 15, 2011.  A second request for information was sent by first class mail on September 2, 2011.  The supplemental questionnaire has not been received to date.

There is one new violation to report, log not current.  The carrier currently has a Fatigued Driving BASIC of 93.9 (Monitor Status), a Driver Fitness BASIC in Monitor Status, a Controlled Substances and Alcohol BASIC in Monitor Status, a Vehicle Maintenance BASIC of 96.4 (Monitor Status), a MCSIP Step of 22 (targeted), and an ISS inspection value of 100 (inspect).

 

Newport Transportation LLC – USDOT Number 1158543
RSR 84.12; Letter A; Russell/Brian - Unanimous
The warning letter and supplemental request was sent via FedEx on June 14, 2011 and delivered to the carrier on June 17, 2011.  The carrier’s supplemental questionnaire was received on July 5, 2011.

There are six new violations to report since the last meeting, including 1 inadequate brakes, 1 unsecured load, 1 inoperative lights, and 3 inadequate suspension.  The carrier currently has a Vehicle Maintenance BASIC of 96.5 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 56 (optional).

Long Ridge Products – USDOT Number 298937
RSR 76.48; No Further Action; Brian/Patrick - Unanimous
The warning letter and supplemental request was sent via FedEx on June 14, 2011 and delivered to the carrier on June 16, 2011.  The carrier’s supplemental questionnaire was received on July 18, 2011.

The carrier confirmed the mileage used to calculate the original RSR and 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 value of 1 (pass).  The carrier has no current operating authority with FMCSA.

Dana L Brown – USDOT Number 459157
RSR 65.07; No Further Action; Brian/Alan - Unanimous
The warning letter and supplemental request was sent via FedEx on June 14, 2011 and delivered to the carrier on June 15, 2011.  A second request for information was sent by first class mail on September 2, 2011.  The carrier’s supplemental questionnaire was received on September 12, 2011.

The carrier has no new violations to report since the last meeting.  The carrier currently has a Vehicle Maintenance BASIC of 91.9 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 54 (optional).

Haskell & Sons Trucking LLC – USDOT Number 9203
RSR 22.69; Letter A; Alan/Patrick - Unanimous
The warning letter and supplemental request was sent via FedEx on June 14, 2011 and delivered to the carrier on June 15, 2011.  A second request for information was sent by first class mail and fax on September 2, 2011.  The supplemental questionnaire has not been received to date.

There is one new serious violation to report since the last meeting, operating without duty status log.  The carrier currently has a Vehicle Maintenance BASIC of 86.3 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 52 (optional).

Top Twenty Carriers (review period 04/01/2010 to 03/31/2011):

1. Smokey’s Greater Shows Inc – USDOT Number 257476

RSR 912.50; No Action; Alan/Brian - Unanimous
Smokey’s Greater Shows Inc, of Strong, Maine is an intrastate private property carrier of carnival equipment operating 2 power units and 1 CDL driver.

During the review period the carrier had 13 violations (none serious) for a total of 36.50 points, including 1 inadequate brakes, 8 inoperative lights, 3 inadequate tires, and 1 inadequate fire extinguisher.  The carrier’s reported Maine mileage is 4,192 miles (FUID) resulting in an RSR of 912.50.

After the review period the carrier had 14 violations, including 2 unsafe commercial motor vehicles, 2 inadequate brakes, 1 inoperative breakaway device, 1 unsecured load, 1defective frame, 2 inoperative lights, 1 inadequate defective equipment, 1 failure to display flags/flares, 1 expired inspection, and 2 operating intrastate commercial without registration.

The carrier had one accident after the review period.

The carrier has a current Vehicle Maintenance BASIC of 99.0 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 57 (optional).  This is the carrier’s third preliminary review.

2. Susan Cilley – USDOT Number 792776

RSR 395.60; Letter B; Brian/David - Unanimous
Susan Cilley, dba Cilley’s Construction, of Princeton, Maine is an intrastate private property carrier of construction equipment/materials operating 10 power units and 4 (2 CDL) drivers.

During the review period the carrier had 62 violations (three serious) for a total of 197.80 points, including 2 aggravated gross weight (>19%), 1 operation with defective fuel system, 1 operation with defective low air warning, 10 defective steering, 2 excess vehicle weight, 2 operating over posted weight, 2 inadequate brakes, 4 unsecured load, 11 inoperative lights, 1 defective frame, 7 inadequate defective equipment, 9 inadequate tires, 1 inadequate suspension, 2 failure to provide evidence of insurance, 1 failure to provide proof of commercial inspection, 2 expired inspection, 2 operating intrastate commercial without registration, and 2 failure to display fuel decal.  The carrier’s reported Maine mileage is 49,885 miles (FUID) resulting in an RSR of 395.60.

After the review period the carrier had 11 violations, including 1 operation with defective low air warning, 2 inadequate brakes, 3 inoperative lights, 2 inadequate defective equipment, 1 inadequate suspension, 1 inadequate fire extinguisher, and 1 inadequate exhaust.

The carrier has a current Vehicle Maintenance BASIC of 98.3 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 57 (optional).  This is the carrier’s first preliminary review.

3. Charles A Henderson – USDOT Number 791301

RSR 120.16; No Action; Patrick/Brian - Unanimous
Charles A Henderson, dba Henderson’s Trucking, of Troy, Maine is an intrastate exempt for-hire carrier of logs, poles, beams, lumber, mobile homes, and machinery, operating 4 power units and 1 CDL driver.

During the review period the carrier had 26 violations (one serious) for a total of 75.70 points, including 1 no brake pressure, 1 defective steering, 1 excess vehicle weight, 2 inadequate brakes, 3 unsecured load, 6 inoperative lights, 5 defective brake hose, 2 inadequate defective equipment, 1 defective brake adjustment, 1 failure to provide proof of commercial inspection, 1 inadequate fire extinguisher, 1 operating intrastate commercial without registration, and 1 operating without ID device.  The carrier’s reported Maine mileage is 62,775 miles (IFTA CH & FUID) resulting in an RSR of 120.16.

After the review period the carrier had 16 violations, including 2 excess vehicle weight, 2 defective brake hose, 1 inoperative lights, 1 defective coupling, 3 inadequate defective equipment, 2 inadequate tires, 3 inadequate suspension, 1 failure to display flags/flares, and 1 inadequate exhaust.

The carrier has a current Vehicle Maintenance BASIC of 88.5 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 53 (optional).  This is the carrier’s first preliminary review.

4. Fowler’s Express Inc – USDOT Number 101897

RSR 102.74; No Action; Brian/Patrick - Unanimous
Fowler’s Express Inc, of East Bridgewater, Massachusetts is an interstate for-hire carrier of general freight, intermodal containers, and Class 3 non-bulk hazardous material operating 22 power units and 20 CDL drivers.

During the review period the carrier had 22 violations (three serious) for a total of 63.70 points, including 1 operation with defective fuel system, 2 no brake pressure, 2 inadequate brakes, 1 defective brake hose, 3 inoperative lights, 2 inadequate defective equipment, 1 defective coupling, 3 inadequate tires, 2 defective brake adjustment, 1 inadequate suspension, 1 operating without authority license, 1 expired inspection, 1 evasion of registration fees/taxes, and 1 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 61,838 miles (IFTA CH) resulting in an RSR of 102.74.

After the review period the carrier had 1 violation for operating without authority license.

The carrier has an Unsafe Driving BASIC of 36.2 and a Vehicle Maintenance BASIC of 98.3 (Monitor Status).  The carrier has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 60 (optional).  This is the carrier’s first preliminary review.

5. Gateway Inn – USDOT Number 784469

RSR 94.48; Letter B; Patrick/Brian - Unanimous
Gateway Inn, of Medway, Maine is an intrastate private property carrier of motor vehicles, logs, poles, beams, lumber, and machinery operating 8 power units and 4 CDL drivers.

During the review period the carrier had 31 violations (one serious) for a total of 82.20 points, including 1 no brake pressure, 1 excess vehicle weight, 1 speeding in a commercial motor vehicle greater than 14 mph over limit, 6 inadequate brakes, 1 defective frame, 2 inoperative lights, 4 inadequate defective equipment, 1 defective coupling, 1 inadequate tires, 2 defective brake adjustment, 1 operating over height, 1 failure to provide evidence of insurance, 1 speeding in a commercial motor vehicle 0-14 mph over limit, 1 operating beyond overlimit permit, 1 failure to provide proof of commercial inspection, 2 expired inspection, 1 operating intrastate commercial without registration, 1 failure to display name on truck/tractor, 1 failure to display fuel decal, and 1 operating without ID device.  The carrier’s reported Maine mileage is 87,341 miles (FUID) resulting in an RSR of 94.48.

During the review period the carrier had one tow-away injury accident.

After the review period the carrier had 10 violations, including 1 defective steering, 2 unsecured load, 1 defective brake hose, 1 inoperative lights, 1 inadequate defective equipment, 1 operating intrastate commercial without registration, 1 failure to display fuel decal, and 2 operating without ID device.

The carrier has a current Vehicle Maintenance BASIC of 93.7 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 55 (optional).  This is the carrier’s first preliminary review.

The Board reviewed a letter sent by Ellen McLaughlin, Corporate Clerk for Gateway Inn, dated September 14, 2011.

6. Ambrose G McCarthy, Jr – USDOT Number 773648

RSR 94.20; No Action; Patrick/Brian - Unanimous
Ambrose G McCarthy, Jr., dba McCarthy Enterprises, of Skowhegan, Maine is an intrastate private property carrier of building materials and construction equipment/materials operating 5 power units and 4 drivers (2 CDL).

During the review period the carrier had 15 violations (none serious) for a total of 47.10 points, including 2 defective steering, 3 excess vehicle weight, 2 inoperative lights, 5 inadequate defective equipment, 2 inadequate tires, and 1 failure to display name on truck/tractor.  The carrier’s reported Maine mileage is 50,000 miles (FUID) resulting in an RSR of 94.20.

After the review period the carrier had 11 violations (one serious), including 1 aggravated gross weight, 1 unsecured load, 1 defective brake hose, 1 inadequate tires, 1 defective brake adjustment, 3 inoperative lights, 1 inadequate fire extinguisher, 1 expired inspection, and 1 operating intrastate commercial without registration.

The carrier has a Vehicle Maintenance BASIC of 97.2 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 56 (optional).  This is the carrier’s first preliminary review.

7. David Myerscough – USDOT Number 1714125

RSR 89.50; No Action; Brian/David - Unanimous
David Myerscough, dba Myerscough Enterprises, of Manchester, Maine is an intrastate carrier of machinery, paper products, and pulp paper operating 3 power units and 1 CDL driver.

During the review period the carrier had 30 violations for a total of 89.50 points, including 4 defective steering, 1 excess vehicle weight, 1 inadequate brakes, 1 unsecured load, 3 defective brake hose, 4 inoperative lights, 6 inadequate defective equipment, 6 inadequate tires, 1 defective brake adjustment, 1 speeding in a commercial motor vehicle 0-14 mph over limit, 1 failure to provide proof of commercial inspection, and 1 failure to display name on truck/tractor.  The carrier’s reported Maine mileage is 100,000 miles (FUID) resulting in an RSR of 89.50.

The carrier’s USDOT Number was made inactive on September 20, 2011. Prior to that date, the carrier had a Vehicle Maintenance BASIC of 97.2 (Monitor Status).  The carrier 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. Stanley’s Septic Tank Service & Construction Co – USDOT Number 798583

RSR 75.53; Letter B; Alan/Brian - Unanimous
Stanley’s Septic Tank Service & Construction Co, of Fairfield, Maine is an intrastate exempt for-hire carrier of gravel and asphalt operating 6 power units and 5 CDL drivers.

During the review period the carrier had 44 violations (one serious) for a total of 113.30 points, including 1 aggravated gross weight (>19%), 1 unsafe commercial motor vehicle, 1 defective steering, 1 inadequate brakes, 4 unsecured load, 3 defective brake hose, 8 inoperative lights, 4 inadequate defective equipment, 1 inadequate tires, 2 defective brake adjustment, 2 towing without safety chains, 1 operating over width, 3 failure to provide evidence of insurance, 4 failure to provide proof of commercial inspection, 1 inadequate fire extinguisher, 1 expired inspection, 5 operating intrastate commercial without registration, and 1 failure to display fuel decal.  The carrier’s reported Maine mileage is 150,000 miles (FUID) resulting in an RSR of 75.53.

The carrier has a current Vehicle Maintenance BASIC of 94.9 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS selection value of 55 (optional).  This is the carrier’s first preliminary review.

9. Alan R Dorr – USDOT Number 500871

RSR 54.42; No Action; Patrick/Brian - Unanimous
Alan R Dorr, dba Alan R Dorr Contractor, of Hermon, Maine is an interstate for-hire carrier of machinery, large objects, and construction equipment, operating 8 power units and 6 CDL drivers.

During the review period the carrier had 17 violations (none serious) for a total of 51.70 points, including 1 defective steering, 1 excess vehicle weight, 1 inadequate brakes, 2 inoperative lights, 4 defective brake hose, 5 inadequate defective equipment, and 3 inadequate tires.  The carrier’s reported Maine mileage is 95,209 miles (IFTA CH & FUID) resulting in an RSR of 54.42.

After the review period the carrier had 7 violations, including 1 unsecured load, 3 inoperative lights, 1 inadequate defective equipment, 1 inadequate tires, and 1 inadequate suspension.

The carrier has a current Vehicle Maintenance BASIC of 81.8 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 51 (optional).  This is the carrier’s second preliminary review.
           

10. S E MacMillan Co Inc – USDOT Number 370980

RSR 51.14; No Action; Brian/Patrick - Unanimous
S E MacMillan Co Inc, of Bangor, Maine is an interstate private property carrier of construction equipment operating 10 power units and 10 CDL drivers.

During the review period the carrier had 16 violations (none serious) for a total of 40.40 points, including 1 operation with defective low air warning, 1 defective steering, 1 inoperative breakaway device, 5 inoperative lights, 1 inadequate defective equipment, 1 failure to display flags/flares, 1 speeding in a commercial motor vehicle 0-14 mph over limit, 2 inadequate fire extinguisher, 1 expired inspection, 1 inadequate exhaust, and 1 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 79,125 miles (IFTA CH) resulting in an RSR of 51.14.

After the review period the carrier had three violations, including 1 operating with defective low air warning, 1 inoperative lights, and 1 inadequate defective equipment.

The carrier has a current Vehicle Maintenance BASIC of 83.1 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 51 (optional).  This is the carrier’s third preliminary review.

11. Emery Lee & Sons Inc – USDOT Number 671994

RSR 48.62; Letter B; Patrick/Alan - Unanimous
Emery Lee & Sons Inc, of Millinocket, Maine is an interstate for-hire carrier of machinery, construction equipment, and bark/wood products operating 21 power units and 10 CDL drivers.

During the review period the carrier had 65 violations (two serious) for a total of 203.70 points, including 1 aggravated gross weight (>19%), 1 no brake pressure, 2 operation with defective low air warning, 3 defective steering, 7 excess vehicle weight, 5 inadequate brakes, 5 defective brake hose, 16 inoperative lights, 11 inadequate defective equipment, 5 inadequate tires, 5 inadequate suspension, 1 speeding in a commercial motor vehicle 0-14 mph over limit, 1 expired inspection, and 2 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 418,723 miles (IFTA CH & FUID) resulting in an RSR of 48.62.

During the review period the carrier had one tow-away injury accident.

After the review period the carrier had 37 violations, including 1 unsafe commercial motor vehicle, 5 defective steering, 1 excess vehicle weight, 1 inadequate brakes, 5 defective brake hose, 7 inoperative lights, 4 inadequate defective equipment, 2 inadequate tires, 1 defective brake adjustment, 8 inadequate suspension, 1 failure to provide proof of commercial inspection, and 1 inadequate exhaust.

The carrier has a Vehicle Maintenance BASIC of 95.8 (Monitor Status), a Crash Indicator BASIC of 77.2 (Monitor Status), a MCSIP Step of 22 (targeted), and an ISS inspection value of 87 (inspect).  This is the carrier’s fourth preliminary review.  The carrier had a warning letter in December, 2010.

12. Coutts Brothers Inc – USDOT Number 745360

RSR 48.59; No Action; Brian/David - Unanimous
Coutts Brothers Inc, of Randolph, Maine is an interstate private property carrier of machinery, large objects, utility, and construction equipment operating 23 power units and 26 CDL drivers.       

During the review period the carrier had 19 violations (one serious) for a total of 62.20 points, including 1 aggravated gross weight (>19%), 3 excess vehicle weight, 2 speeding in a commercial motor vehicle greater than 14 mph over limit, 2 inadequate brakes, 3 inoperative lights, 4 inadequate defective equipment, 1 defective brake adjustment, 2 failure to display flags/flares, and 1 inadequate exhaust.  The carrier’s reported Maine mileage is 128,461 miles (IFTA CH & FUID) resulting in an RSR of 48.59.

During the review period the carrier had one tow-away accident.

After the review period the carrier had 11 violations, including 1 defective steering, 4 inoperative lights, 2 inadequate defective equipment, 2 defective brake adjustment, 1 operating over width, and 1 inadequate exhaust.

The carrier has a current Vehicle Maintenance BASIC of 68.7, a MCSIP Step of 0 (not targeted), and an ISS inspection value of 44 (pass).  This is the carrier’s first preliminary review.

13. Ridge Road Express – USDOT Number 1475241

RSR 45.03; Letter B; Brian/David – 5 to 1 In Favor
Ridge Road Express, of Houlton, Maine is an interstate for-hire carrier of general freight and fresh produce operating 4 power units and 4 CDL drivers.

During the review period the carrier had 25 violations (none serious) for a total of 66.20 points, including 1 excess vehicle weight, 4 inadequate brakes, 4 defective brake hose, 5 inadequate defective equipment, 3 inadequate tires, 2 defective brake adjustment, 1 speeding in a commercial motor vehicle 0-14 mph over limit, 1 failure to provide proof of commercial inspection, 1 evasion of registration fees/taxes, 1 expired inspection, 1 operating intrastate commercial without registration, and 1 failure to display fuel decal.  The carrier’s reported Maine mileage is 146,935 miles (IFTA CH) resulting in an RSR of 45.03.

After the review period the carrier had 9 violations, including 1 excess vehicle weight, 1 inadequate brakes, 1 inoperative lights, 1 inadequate defective equipment, 1 inadequate tires, 1 defective brake adjustment, 2 operating intrastate commercial without registration, and 1 failure to display fuel decal.

The carrier has a current Unsafe Driving BASIC of 65.0 (Monitor Status), a Fatigued Driving BASIC of 99.7 (Monitor Status), a Driver Fitness BASIC in Monitor Status, and a Vehicle Maintenance BASIC of 72.0.  The carrier has a MCSIP Step of 0 (not targeted), and an ISS inspection value of 99 (inspect).  This is the carrier’s first preliminary review.

14. Hurd Manufacturing Inc – USDOT Number 479011

RSR 33.83; No Action; Brian/David - Unanimous
Hurd Manufacturing Inc, of Woodstock, Maine is an interstate for-hire carrier of general freight, metal sheets, coils, and rolls, motor vehicles, building materials, machinery, paper products, and construction equipment operating 4 power units and 4 CDL drivers.

During the review period the carrier had 16 violations (none serious) for a total of 50.40 points, including 1 operating without previous 7 days log, 3 defective steering, 2 defective brake hose, 1 inadequate defective equipment, 6 inadequate tires, and 3 inadequate suspension.  The carrier’s reported Maine mileage is 148,518 miles (IFTA CH) resulting in an RSR of 33.83.

The carrier had one tow-away accident during the review period.

The carrier has a current Vehicle Maintenance BASIC of 85.1 (Monitor Status), a Crash Indicator BASIC of 77.3 (Monitor Status), a MCSIP Step of 0 (not targeted) and an ISS inspection value of 87 (inspect).  This is the carrier’s first preliminary review.

The Board reviewed the letter sent by Charles T. Hurd, Owner/President of Hurd Manufacturing Inc.

15. Thornton Construction Inc – USDOT Number 791398

RSR 26.53; Letter B; Brian/Alan - Unanimous
Thornton Construction Inc, of Milford, Maine is an intrastate private property carrier of logs, poles, beams, lumber, machinery, liquids/gases, and construction equipment operating 18 power units and 20 CDL drivers.

During the review period the carrier had 40 violations (none serious) for a total of 114.10 points, including 2 operation with defective low air warning, 4 excess vehicle weight, 1 operating over posted weight, 2 inadequate brakes, 1 unsecured load, 7 inoperative lights, 3 defective brake hose, 8 inadequate defective equipment, 2 inadequate tires, 1 defective brake adjustment, 3 failure to display flags/flares, 2 failure to provide proof of commercial inspection, 2 inadequate fire extinguisher, 1 inadequate exhaust, and 1 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 430,115 miles (FUID) resulting in an RSR of 26.53.

The carrier had one tow-away accident during the review period.

After the review period the carrier had 22 violations, including 2 operation with defective low air warning, 3 inoperative lights, 7 inadequate defective equipment, 1 inadequate tires, 2 failure to display flags/flares, 1 failure to provide proof of commercial inspection, 3 inadequate fire extinguisher, and 3 operating intrastate commercial without registration.

The carrier has a current Vehicle Maintenance BASIC of 91.4 (Monitor Status), a Crash Indicator BASIC of 64.7 (Monitor Status), a MCSIP Step of 0 (not targeted) and an ISS inspection value of 62 (optional).  This is the carrier’s fourth preliminary review.  The carrier was issued two previous warning letters; the last warning letter was in March, 2005.

The Board reviewed the letter sent by Dan Thornton, Manager for Thornton Construction Inc, and received on October 3, 2011.

16. Charles Daggett Inc – USDOT 744584

RSR 24.77; No Action; Brian/Alan - Unanimous
Charles Daggett Inc, of Topsfield, Maine is an intrastate exempt for-hire carrier of logs, poles, beams, and lumber operating 3 power units and 2 CDL drivers.

During the review period the carrier had 10 violations (one serious) for a total of 32.20 points, including 1 aggravated gross weight (>19%), 1 excess vehicle weight, 1 unsecured load, 2 inoperative lights, 3 inadequate defective equipment, 1 failure to flag extended load, and 1 failure to provide proof of commercial inspection.  The carrier’s reported Maine mileage is 130,268 miles (FUID) resulting in an RSR of 24.77.

The carrier had one tow-away accident during the review period.

After the review period the carrier had 16 violations, including 2 defective steering, 1 defective brake hose, 2 inoperative lights, 3 inadequate defective equipment, 4 inadequate tires, 1 inadequate suspension, 1 failure to flag an extended load, 1 inadequate exhaust, and 1 improper marking of commercial motor vehicle.

The carrier has a current Vehicle Maintenance BASIC of 89.2 (Monitor Status), a Crash Indicator BASIC of 78.0 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 87 (inspect).  This is the carrier’s first preliminary review.

17. Stanhope Trucking LLC – USDOT Number 516159

RSR 22.16; No Action; Brian/Patrick - Unanimous
Stanhope Trucking LLC, of Robbinston, Maine is an interstate for-hire carrier of general freight, metal sheets, coils, and rolls, logs, poles, beams, lumber, building materials, machinery, paper products, and construction equipment operating 6 power units and 6 CDL drivers.

During the review period the carrier had 31 violations (none serious) for a total of 85.30 points, including 2 defective steering, 3 inadequate brakes, 1 unsecured load, 5 defective brake hose, 2 inoperative lights, 5 inadequate defective equipment, 2 inadequate tires, 3 defective brake adjustment, 4 inadequate suspension, 1 inadequate fire extinguisher, 1 expired inspection, and 2 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 385,256 miles (IFTA CH & FUID) resulting in an RSR of 22.16.

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

After the review period the carrier had 3 violations, including 1 inadequate brakes, 1 inoperative lights, and 1 inadequate defective equipment.

The carrier has a current Vehicle Maintenance BASIC of 34.8, a Crash Indicator BASIC of 83.3 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection value of 69 (optional).  This is the carrier’s first preliminary review.

18. Dean A Young – USDOT Number 753810

RSR 19.59; No Action; Brian/Patrick - Unanimous
Dean A Young, dba Dean A Young Forestry, of Franklin, Maine is an intrastate private property carrier of logs, poles, beams, lumber, machinery, and construction materials operating 7 power units and 5 CDL drivers.

During the review period the carrier had 14 violations (none serious) for a total of 38.40 points, including 1 excess vehicle weight, 1 inadequate brakes, 1 unsecured load, 2 defective brake hose, 2 inadequate defective equipment, 2 inadequate tires, 2 defective brake adjustment, 1 failure to provide evidence of insurance, 1 operating beyond overlimit permit, and 1 expired inspection.  The carrier’s reported Maine mileage is 195,872 miles (FUID) resulting in an RSR of 19.59.

After the review period the carrier had 15 violations (none serious), including 1 unsecured load, 1 defective brake hose, 1 inoperative lights, 2 inadequate defective equipment, 5 inadequate tires, 1 defective brake adjustment, 1 inadequate suspension, 1 failure to provide evidence of insurance, 1 inadequate fire extinguisher, and 1 operating intrastate commercial without registration.

The carrier had one tow-away injury accident after the review period.

The carrier has a current Vehicle Maintenance BASIC of 79.0, a MCSIP Step of 0 (not targeted), and an ISS inspection value of 48 (pass).  This is the carrier’s first preliminary review.

The Board reviewed a letter sent by Dean A. Young, owner of Dean Young Forestry, dated September 9, 2011.

19. Tracy L Gordon – USDOT Number 1708169

RSR 18.09; No Action; Alan/Patrick – 5 to 1 In Favor
Tracy L Gordon, dba Gordon Lumbering & Trucking, of Strong, Maine is an interstate exempt for-hire/private property carrier of logs, poles, beams, and lumber operating 11 power units and 8 CDL drivers.

During the review period the carrier had 37 violations (one serious) for a total of 118.10 points, including 1 aggravated gross weight (>19%), 2 defective steering, 3 excess vehicle weight, 1 operating beyond road restrictions, 7 inadequate brakes, 2 unsecured load, 7 inoperative lights, 2 defective brake hose, 1 inadequate defective equipment, 7 inadequate tires, 1 operating beyond over limit permit, and 3 expired inspection.  The carrier’s reported Maine mileage is 652,990 miles (IFTA CH & FUID) resulting in an RSR of 18.09.

The carrier had one tow-away injury accident during the review period.

After the review period the carrier had 14 violations, including 1 defective steering, 1 inadequate brakes, 6 inoperative lights, 1 inadequate tires, 1 failure to display flags/flares, 1 inadequate fire extinguisher, 2 expired inspection, and 1 operating intrastate commercial without registration.

The carrier has a current Vehicle Maintenance BASIC of 95.0 (Monitor Status), a Crash Indicator BASIC of 74.2 (Monitor Status), a MCSIP Step of 22 (targeted), and an ISS inspection value of 87 (inspect).  This is the carrier’s first preliminary review.

The Board reviewed a letter sent by Tracy Gordon, owner of Gordon Lumbering & Trucking, dated September 12, 2011.

20. Linkletter Trucking Inc – USDOT Number 673530

RSR 15.68; Letter B; Patrick/Brian - Unanimous
Linkletter Trucking Inc of Athens, Maine is an intrastate private property carrier of logs, poles, beams, and lumber operating 14 power units and 13 CDL drivers.

During the review period the carrier had 72 violations (none serious) for a total of 209.70 points, including 2 defective steering, 2 speeding in a commercial motor vehicle greater than 14 mph over limit, 3 excess vehicle weight, 4 operating over posted weight, 2 inadequate brakes, 19 inoperative lights, 16 defective brake hose, 2 inadequate defective equipment, 1 defective coupling, 7 inadequate tires, 9 inadequate suspension, 1 failure to provide evidence of insurance, 1 failure to provide proof of commercial inspection, 2 expired inspection, and 1 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 1,336,877 miles (FUID) resulting in an RSR of 15.68.

During the review period the carrier had six accidents, at least three were tow-away and at least one resulted in injury.

After the review period the carrier had 50 violations, including 2 defective steering, 2 excess vehicle weight, 1 operating beyond road restrictions, 1 operating over posted weight, 3 inadequate brakes, 6 defective brake hose, 6 inoperative lights, 1 defective coupling, 5 inadequate defective equipment, 10 inadequate tires, 11 inadequate suspension, 1 failure to provide proof of commercial inspection, and 1 expired inspection.

After the review period the carrier had two accidents, one resulting in a fatality and injuries.

The carrier has a current Unsafe Driving BASIC of 50.2, a Vehicle Maintenance BASIC of 94.6 (Monitor Status), and a Crash Indicator BASIC of 93.4 (Monitor Status).  The carrier has a MCSIP Step of 0 (not targeted) and an ISS inspection value of 96 (inspect).  This is the carrier’s second preliminary review.  The carrier was issued a warning letter in March, 2011.

Old Business:

Review and Discuss Proposed Changes to MCRB rule chapters:

The Board was asked for feedback on the proposed changes to the MCRB rule chapters.  In general, the Board was in agreement with most of the changes proposed. There was however, considerable discussion about whether Rule Chapter 2 should be amended to allow the use of non-adjudicated driver violations (noted on inspection reports) in computing the RSR scores used in selecting carriers for preliminary review. A motion was made to select the top twenty carriers for preliminary review for the December meeting using the existing selection process, but also to select a top twenty where non-adjudicated driver violations could be used in the scoring so the Board could have a side by side comparison of the effect of using non-adjudicated driver violations. Patrick/Brian – 5 to 1 In Favor

The Board also made it clear that the rules should reflect that all Board members present at the meeting are entitled to vote on a motion to exclude a Board member from voting because of a conflict of interest.

Discussion of the rule changes is to be continued at the December meeting.

New Business:

Colored Paper
Angela asked whether the review documents could be printed on plain paper rather than on the colored paper used now to distinguish the different document types (i.e. 1 document type per paper color).  The Board members responded that it is very helpful to have the documents printed on colored paper.

Discuss Frequency of Meetings:
Garry addressed the Board regarding the possibility of reducing the number of meetings to three per year and possibly limiting the number of preliminary reviews at each meeting.  He explained that this was being proposed because of staffing shortages due to unfilled vacancies that was beginning to severely impact the Bureau’s ability to maintain its current level of production.  The Board thought it was a good idea to keep the current meeting schedule through December 2011 and would address a new scheduling frequency in 2012.

Next Meeting Date:

The next meeting is December 15, 2011 at 8:00 AM
Bureau of Motor Vehicles – Executive Conference Room

A motion was made to adjourn the meeting at 11:19 AM; Alan/Brian - Unanimous



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