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Motor Carrier Review Board Meeting
Minutes
December 9, 2004


The Maine Motor Carrier Review Board met on December 9, 2004 to review the records of five carriers.


Board Members present were:

Chair, Mark Hutchins; George Parke; Dale Hanington; Ron Hutchins; Alan Quinlan; Steve Izer; and Bruce Gray.


Staff present were:

Garry Hinkley, Francis Fox, Colleen Weed and Dolores Hayes and Attorney Bill Laubenstein, Attorney General's Office.


Guest:

Chip Gavin, Deputy Secretary of State


Chairman, Mark Hutchins called the meeting to order at 9:05 AM.


Minutes of the last Meeting:

A motion was made to approve the minutes of the September 21, 2004 meeting by George Parke, seconded by Steve Izer and accepted unanimously.


Announcements:

Chip Gavin, Deputy Secretary of State, announced that the Legislature elected Matthew Dunlap as our new Secretary of State. He has started work at the Department as of this week at the Central Office. He is aware that the Board is meeting today and looks forward to learning more about the Board's efforts. He will officially begin duties as Secretary of State, January 7, 2005.


Correspondence:

Garry reported the correspondence had been dispersed into the appropriate carriers’ folders and recommends it be taken up at that time.


Review of "A" Carriers:

Peter M. Tuffs, DBA Tuffs Transportation Inc.

Peter M. Tuffs is sworn in and is represented by his attorney Joseph Baldacci.

Peter Tufts
DBA Tufts Transportation
Medford, MA

Tufts Transportation is a for-hire motor carrier operating approximately 6 trucks. The carrier hauls sand, gravel, and hazardous and non-hazardous waste products.

During the review period, the carrier had 5 violations including:1-Operating with an unqualified driver; 2-Log books not current; 1-excess vehicle weight; 1-Operating without a medical certificate. Total points is 21.2. Reported Maine miles of 130, 913 taken from IFTA tax returns results in an RSR of 16.

In addition, the carrier had 3 speeding violations and a radar detector violation during the review period. After the review period, the carrier had 8 violations: 4 for Excess weight; 1 Log book not current; 3 speeding; and 1 for defective brakes.

The carrier has a driver safety evaluation area of 86 and a vehicle safety evaluation area of 43. The carrier's ISS rating is 89 in SAFESTAT category E.

This is the carrier's first review.

Documents for the record:

  • Motor Carrier Review Board violations summary
  • ISS snapshot
  • Carrier questionnaire
  • SAFESTAT Carrier Overview
  • MCMIS Profile
  • QC History

Tufts noted he had hired a full time compliance officer to monitor drivers’ compliance, and to conduct hirings. Also has installed scales on all his trucks to deal with overweight problem. Also is trying a GPS system, and has installed speed governors on all trucks. Drivers are reprimanded for violations, and more than two violations results in dismissal. Trucks are traded after 300,000 miles.

Dale moved “no further action”. Bruce seconded. Passed unanimously.

Scott Ferland, dba Almighty Waste/Ace Professional Towing.

Require Almighty Waste to submit updated questionnaire listing drivers. Staff to review. If appropriate, conduct a full review for next meeting. Represented by Dave Reynolds, safety manager.

Almighty Waste of Auburn, Maine is in the garbage, trash, and general freight hauling business. In addition, the company also has a division in the wrecker business. The carrier operates approximately 4 trucks and employs approximately 7 drivers.

This is a follow-up review. The carrier's last review was June 1, 2004. At that time the Board voted to conduct a 6-month follow-up.

During the initial review period October 1, 2002 to September 30, 2003, the carrier had 23 violations resulting in 78 points and an RSR of 36. After the initial review period, the carrier's had 6-violations: 1 for log book not current; 1 brake out of adjustment; 1 for operating after suspension (unpaid court fine) 1 for uninspected semi-trailer; 1 for defective low air warning device; 1 for towing without a safety chain.

The carrier has a driver SEA of 80; a vehicle SEA of 99.7; a safety management SEA of 93. Carrier is at MCMIC step 12 (targeted) Carrier's SAFESTAT category is category B. ISS score is 99. The carrier had 4 minor accidents in 2003. No accidents reported in 2004.

Documents for the record:

  • MCRB Summary Sheet
  • ISS Carrier Snapshot
  • Query Central Report
  • MCMIS reports and Profile
  • Driver Record
  • Carrier Questionnaire
  • SAFESTAT Carrier Overview

Mr. Reynolds noted that most of the carrier’s vehicle defect problems were due to the trailers they hauled for other companies. Almighty Waste only hauls its own equipment, mostly between Auburn and Bangor. Mr. Reynolds and owner Scott Ferland have concentrated on improving their hiring and driver documentation practices.

The Board acknowledged the carrier’s efforts, but felt, given the carrier’s recent past record, and continued high SEA’s that a follow-up is warranted. George moved to require the carrier to submit an updated supplemental questionnaire listing all drivers. Staff to make the determination whether a full review is warranted for the next meeting. Dale seconded. Passed unanimously.

Tomahawk Refrigerated Express LTD.

No Further Action. Represented by Matt Tomah.

Tomahawk Refrigerated Express of Woodstock, NB is in the business of trucking refrigerated and exempt general commodities and food stuffs to and from the US and Canada.

The carrier operates approximately 10 trucks with approximately 20 drivers.

Within the review period, the carrier had 13 violations for 54 points, including 1 operating with a false log; 3 operating over the 70/60 hour rule; 1 operating with an unqualified driver; 2 log books not current; 1 excess vehicle weight; and five 53 foot trailer permit violations. The carrier had Maine mileage of 376,670 miles taken from IFTA tax returns resulting in an RSR of 14.

After the review period, the carrier had 7 additional violations including 2 excess vehicle weight violations; 1 causing operation with an unqualified driver; 1 causing operation with false logbook; 1 violation of 70/60-hour rules; 1 semi-trailer not properly marked; and 1failure to comply with Operating Authority requirements.

The carrier has a driver SEA of 92; and a vehicle SEA of 39. The carrier is SAFESTAT category 'E' with an ISS score of 91.

The carrier has had 2 crashes in 2004, one on June 8th another on June 20th. The carrier had 1 crash in 2003.

This is the carrier's first review.

Documents for the record:

  • Motor Carrier Review Board's Summary Report
  • ISS Carrier Snapshot
  • Carrier questionnaire
  • SAFESTAT Carrier Overview
  • MCMIS Safety Profile
  • Query Central History
  • Crash reports

Mr. Tomah noted that the carrier’s SAFESTAT information needed to be updated. SAFESTAT shows the carrier as having no vehicles and no drivers. This may inflate the SEA scores. He is in the process of correcting his information.

Mr. Tomah noted that 90% of his company’s operation is in the US, and he is familiar with US HOS requirements. He is using a mix of company drivers and owner-operators. He has had some difficulty retaining drivers. He has instituted policies to address both the weight violations, and the driver violations.

Steve moved “no further action”. Ron seconded. Unanimous.

Diversified Capital Management.

No Further Action. No representation. Letter provided.

Diversified Capital Management Inc. of West Newburyport, Massachusetts is a for-hire carrier transporting building materials, garbage, refuse, trash, and dry bulk commodities. The carrier operates approximately 4 trucks and employs approximately 4 drivers.

This is the carrier's initial review. Previously they were a 'B" carrier and the carrier failed to return the Motor Carrier Review Board supplemental questionnaire.

During the review period, the carrier had 9 violations including 1 for excess weight; 1 for brake out of adjustment; 1 for failure to display valid inspection; 5 for operating without Operating Authority license.; 1 for operating intrastate without the proper commercial registration.

After the review period, the carrier had several additional violations including 1 for no proof of inspection; 4 operating without Operating Authority; and one for a loose wheel fastener.

The carrier has a driver SEA of 15 and a vehicle SEA of 94. Carrier has an ISS score of 84 and is a SAFESTAT category 'F' carrier.

Documents for the record:

  • Motor Carrier Review Board Summary Report
  • ISS Carrier Snapshot
  • MCMIS Carrier Safety Profile
  • SAFESTAT Carrier Overview
  • Query Central History
  • Driving records
  • Supplemental questionnaire

By letter, Mr. Currier stated that Diversified Capital Management has completely changed their operations, and now seldom comes to Maine. However during the review period, Diversified Capital Management was functioning as the contract carrier for New England Metal Recycling. Mr. Currier claimed that most of the vehicle defect and weight violations were due to the condition of New England Metal Recycling's trailers. (Mr. Currier used to work for New England Metal Recycling) Diversified Capital Management has terminated its relationship with New England Metal Recycling.

Diversified Capital Management essentially has reverted to a private carrier, and primarily is in the business of buying and selling vehicles which they transport. The carrier also operates a small roll-off operation.

George moved “no further action” at this time. Dale seconded. Unanimous.

Abdi S. Ahmed, dba HOW Trucking.

“No further action.” Not represented.

How Trucking of Portland, Maine is a 1 truck for-hire carrier carrying general freight, fresh produce, and refrigerated food.

This carrier was referred for review by the Maine State Police and is currently suspended for failure to file IFTA tax returns and failure to maintain insurance.

During the review period, the carrier had 4 violations including 1 for logbook not current; 1 for inadequate brakes; 1 for inadequate tires; and 1 for failure to maintain periodic inspection. Total points 12.3.

The carrier reported 6150 Maine miles, taken from available IFTA tax returns resulting in an RSR of 200.

The carrier has a driver SEA of 98; and a vehicle SEA of 98. The carrier has a SAFESTAT score 245, and is rated as a category 'B' carrier. Carrier is at MCSIP step 1—targeted.

The carrier's 1 truck registration currently is suspended and has expired. The carrier may be out of business, or functioning as an owner-operator. Attempts to contact this carrier were unsuccessful.

Documents for the record:

  • Motor Carrier Review Board Summary
  • ISS Inspection Report
  • MCMIS Carrier Safety Profile
  • SAFESTAT Carrier Overview
  • Query Central Report
  • Driving record

Given that the carrier apparently is out of business and already is suspended, the Board voted to take no further action at this time. Dale made the motion, which was seconded by George. Unanimous.


Old Business.

Two “B” carriers from the September 21 meeting failed to return their supplemental questionnaires, and were re-presented for preliminary review.

Steve & Sons Inc, Weeks Mill, ME. “Letter A” Unanimous. 7 violations, RSR 37.3. Driver SEA 99, Vehicle SEA 85 MCSIP step 24.

Shay Brothers, Danforth, ME. “Letter A”. (may be rescinded if staff determines that the carrier has addressed safety problems.) 15 violations mostly for vehicle defects. RSR 14.4 Vehicle SEA 99.8. Vehicle OOS rate 77%. Carrier faxed in supplement on 12/8/04, but it was illegible.


Top 20.

Avery Jones Inc., Warning letter. 9 violations; RSR 480

Smokey’s Greater Shows, Warning letter. 6 violations; RSR 478

Horizon Freight System Inc., Warning letter. 5 violations; RSR 62

Eldridge Lumber & Hardware Inc., Warning letter. 6 violations; RSR 61

Richard Kinney, dba Kinney Transport, Letter A. 7 violations; RSR 45. Dr SEA 95.5; VhSEA 74

Guerin Associates LLC, Warning letter. 5 violations; RSR 40.

James L Westerdahl, dba JLW Trucking, Letter A. 5 violations; RSR 28 Dr SEA 99.3; ISS 93

Lucas B. Lee, dba Lee’s Transportation, Letter A. 7 violations; RSR 27. DrSEA 95; Crash SEA 94; ISS99

Bulk Carriers PEI LTD, Letter A. 8 violations; RSR 27. Dr SEA 97; Crash SEA 27; ISS 92

Emery Lee & Sons Inc., No Action. 11 violations; RSR 26. ISS 65

Clinton G. Bradbury Inc., Warning letter. 7 violations. RSR 21.

A J Murphy Inc., Warning letter. 9 violations; RSR 20

Dart Transit Co., No Action. 13 violations. RSR 19

Colin Bartlett & Sons Inc. Warning Letter. 12 violations; RSR 15

USA Truck Inc. No Action. 22 violations (7 serious); RSR 13


Next meeting: Tuesday, March 1, 2005 at 9am. @ BMV.

Meeting adjourned 11:00 A.M.


 

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