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MOTOR CARRIER REVIEW BOARD
December 4, 2003

Board Members Present:

Mark Hutchins, George Parke, Ron Hutchins, Steve Izer, Dale Hanington, Alan Quinlan


STAFF PRESENT:

BMV Motor Carrier Services: Garry Hinkley, Francis Fox, Tammy Warren Lyons, Dolores Hayes

Secretary of State Office: Chip Gavin

Attorney General Office: Bill Laubenstein


The meeting was called to order at 9:00 a.m. Mark Hutchins, Chair, briefly described the purpose, rules and regulations of the Motor Carrier Review Board for those present on this day.
A motion was made by George and seconded by Steve to approve the minutes of the August 26, 2003 meeting. All were in favor to approve the minutes as written.


Correspondence :

Garry reported that Manchester Motor Freight, originally on the “A” list, sent us updated mileage information that recalculated their score; dropping them down into single numbers. As a result of that, with Mark’s advice, Garry made an executive decision to drop them from review at this time.

The correspondence from Almighty Waste will be discussed under Old Business


Reviews:

Gerald McAvoy of Benedicta, Maine

Gerald McAvoy of Benedicta represented himself.

Garry read into the record. Gerald McAvoy of Benedicta, Maine is the sole proprietor in the business of hauling potatoes. An interstate operation using approximately three or four company owned trucks. Carrier operates under DOT # 312418 and there is also a related entity McAvoy Farm registered to Joan McAvoy operating under DOT #1056979 and that DOT# is inactive. However, Joan still is the registrant of the vehicle. This is a follow-up review that started in March 2002. The carrier was selected in March 2002 for an initial review to be conducted in June. That review was continued twice. A review was held on December 12, 2002. At that time, Mr. McAvoy was asked to submit a satisfactory safety plan. A plan was prepared and submitted. However, review of the plan indicated some problems with log book completion and review. As a result, the Board recommended Mr. McAvoy establish a procedure for driver hours-of-service training and log book review. The Board also scheduled Mr. McAvoy for a follow-up review.

For the review period, the carrier had 5 violations, 2 for excess vehicle weight, 1 for no display of lights on a trailer, 2 for operating with Operating Authority license. Total points were 14.5. Maine miles 122,000 taken from their Fuel Tax report resulting in an RSR of 11.9. This is down from the initial RSR 26.4 for the initial review period. The current RSR right now is below the threshold ordinarily for conducting a review. The carrier has had 7 motor carrier inspections, resulting in 17 violations, 11 of which were Out-of-Service violation. FMCSA rates this carrier as a category “A” carrier. SAFESTAT score 401.1. State rank is #2, National rank is 351.

The carrier has an accident SEA of 85, driver SEA of 97, a vehicle SEA of 85 and a safety management SEA of 74. The carrier has had 2 crashes in February and March of this year. On their supplement, there is a handwritten note outlining steps they have taken to deal with their log book issues.

Mr. McAvoy represented himself. He noted that his wife and drivers had attended a class on maintaining and reviewing logbooks. In addition, he has dismissed his problem drivers. The carrier has established pre-hire review procedures for drivers.

George made a motion for no further action, Ron seconded the motion and the Board voted unanimously for no further action.

B & J Transportation Inc., Mars Hill, Maine.

The carrier was represented by the owners Mike Tweedie and Bruce Sargent, and their attorney John Lightbody.

Garry reported that for the review period, the carrier has 52 violations for a total of 232 points including 32 for various log and driver problems; 6 for weight; 3 for vehicle defects; 11 for various administrative problems. RSR 6.1, but the carrier exceeded the five or more serious violation threshold.

During the past 30 months, the carrier has had 24 crashes including two fatalities, and ten resulting in injury.

FMCSA has given B&J Transportation a conditional rating. The company has 138 inspections resulting in 416 violations, 130 of which were Out-of-Service violations.

The carrier uses leased owner-operators exclusively, and has no trucks of its own. The owner-operators operate under yearly leases, but there is much turnover. The company has about 245 owner-operators under contract, not all of whom come into Maine. This was a complicated review due to the number of O/O’s, many of which we had to discover through secondary means.

The carrier acknowledge their less than satisfactory safety record. They noted the high turnover rate among owner-operators, and the difficulty of maintaining accurate records. They noted their high exposure in Maine. Some O/O violations have been charged to the carrier after the O/O has left the carrier’s employ. The carrier has instituted policies and procedures requiring O/O’s to report any violations to the company. The carrier is attempting to reduce their violations as they recognize that their adverse rating is resulting in heightened police scrutiny.

The carrier has instituted a pre-hire review process. All hires also must pass their insurance company’s review. The company has instituted a drug/alcohol-screening program. The carrier has four full time and one part time staff to review driver’s logs, and to address deficiencies. O/O’s with repeated problems are let go.

The Board voted unanimously to recommend no further action at this time.


Old Business

Garry reported that of the “B” carriers last time, there are 2 that have not returned their supplement: Wayne Lander of Lander Construction and James Piper. We will try to contact them by phone and ask again for the supplement.

There was a discussion about the procedure to be followed in the case they do not sent the supplement after Garry contacting them.

A motion was made and accepted unanimously by the Board: “that anyone contacted by Garry that has not responded to the inquiry and returned the supplement would be automatically placed on the “A” list.

Scott Ferland, dba Almighty Waste. This was a follow-up. The Board reviewed and accepted the carrier's safety plan implementation update. The carrier is scheduled for a full follow-up review at the next meeting.

There were two carriers suspended from the last meeting: G & K and American Products exports are both suspended in Maine.

Garry reported that the Motor Carrier Review Board Rules were adopted and go into effect January 1, 2004. It was decided that a conference call would be held in January among Mark, George, Garry, and Bill to discuss new meeting procedures.

There was general discussion of alcohol-related violations. Currently, there under the rules, there are no points assessed for driver alcohol violations. It was agreed to treat these violations as “unqualified driver” violations until the rule can be revised to include alcohol violations.

Chip Gavin was asked to check the status of Bruce Gray’s reappointment to the Board and other members with terms ending December 31, 2003.


Top Twenty

Marvin Lovely DBA Lovely’s Trucking, Modular Enterprises, New England Heating of East Holden, Maine. 1 violation for falsifying log book; 1 violation excess vehicle weight;1 violation inadequate suspension; 1 violation over length; 5 violations expired inspection; 3 violations intra comm. w/o reg. Miles of 8,143 resulting with an RSR of 322.5. Ron made a motion for a letter “A” and Dale seconded it. It passed unanimously.

Reginald E. Shaw of Bridgewater, Maine. 2 violations for excess weight; 1 violation inadequate brakes; 1 violation inadequate turn signal; 2 violations inadequate tires; 1 violation failure to display valid inspection; 1 violation inadequate exhaust. Miles of 25,000 resulting in an RSR of 92. Dale made a motion for a letter “A” and George seconded it. It passed unanimously.

Eagle Express Inc. of O’Leary PEI. 1 violation for Op over 70/60 rule; 3 violations for excess vehicle weight; 1 violation Op beyond road rest; 1 violation Op beyond overlimit permit; 1 violation over length. Miles of 42,000 resulting in an RSR of 61.43. George made a motion for “No Action” and Dale seconded it. It passed unanimously.

Glen Luce Trucking of Turner, Maine. 5 violations excess vehicle weight; Miles of 56,480 resulting in an RSR of 35.41. Dale made a motion for a letter "B” and Alan seconded it. It passed unanimously.

Stevens Transport Inc. of Dallas, Texas. 2 violations for Inoperative lights; 3 violations for Op beyond over limit permit; 2 violations for over length. Miles of 60, 976 resulting in an RSR of 25.58. Dale made a motion for “No Action” and Steve seconded it. It passed unanimously.

T & P Lumber Inc. DBA Crescent Lumber Company of Orrington, Maine. 1 violation for aggravated gross weight; 4 violations for excess vehicle weight. Miles of 93,000 resulting in an RSR of 24.62. Dale made a motion for a letter “B” and Ron seconded it. It passed unanimously with George abstaining.

Western Express, Inc. of Nashville, TN. 4 violations for falsified log book; 2 violations for causing OP over 70/60; 1 violation log not current; 9 violations for no display lights-trir; 14 violations for Op beyond OL permit; 7 violations for operating over length. Miles of 506,520 resulting in an RSR of 22.84. Ron made a motion for a letter “B” and George seconded it. It passed unanimously.

Transam Trucking Inc. of Olathe, KS. 1 violation for a falsified log book; 1 violation for the log not current; 9 violations for operating over length. Miles of 152,568 resulted in an RSR of 19.14. George made a motion that Garry contact the carrier to determine the nature of the violations and report back to them. Steve seconded the motion. It was passed unanimously.

Bradway Trucking Inc. of Vineland, NJ. 1 violation for Op beyond OL permit; 3 violations for operating over length; 1 violation for no inspection CMV. Miles of 52,162 resulted in an RSR of 18.21. Steve made a motion for a “B” letter and Ron seconded it. It passed unanimously.

Kamco Supply of Boston, Woburn, MA. 1 violation for an unsafe motor vehicle; 7 violations for excess vehicle weight; 1 violation for operating beyond road rest. Miles of 224,872 resulted in an RSR of 16.28. Dale made a motion for “No Action” and George seconded. It passed unanimously.

Donald Hayden & Son Logging Inc. of Harmony, Maine. 2 violations for excess vehicle weight; 2 violations for inadequate brakes; 1 violation for an unsecured load; 1 violation for Intra comm w/o reg. Miles of 152,000 resulted in an RSR of 12.89. Dale made a motion for letter “A”. Steve seconded the motion. It passed unanimously.

Schneider National Carriers Inc. of Green Bay, WI. 5 violations for falsified log book; 1 violation for excess vehicle weight; 1 violation for Op beyond OL permit; 17 violations for operating over length. Miles of 1,204,049 resulted in an RSR of 6.30. Ron made a motion for Garry to send a “Letter of Inquiry” and George seconded it. It passed unanimously.


New Business

Dale requested Gary set up a information session for SAFESTAT and other related databases, possibly for the next meeting.


The next meeting will be held March 2, 2004. The meeting adjourned at 11:15am.


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