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Motor Carrier Review Board Meeting
Minutes
December 1, 2005


The December 1, 2005 meeting of the Motor Carrier Review was held in the Executive Conference Room at the Bureau of Motor Vehicle Office. Due to unforeseen circumstances of a delayed Board member, Mark Hutchins called the meeting to order at 9:10 a.m.

The Agenda was adjusted and Garry Hinkley presented the recommendations for changes to be made by the Board to Chapter 2 of the Motor Carrier Review Board Rules. He also expressed the Secretary of State's appreciation to the Board for their effort to aid the Governor's Task Force in their research to curtail perpetual offenders.


Under new business, Garry reported the new BMV computer system seems to be working better so violations should be coming through quicker.


Arrival of Board member Dale Hanington provided the quorum needed and President, Mark Hutchins then reopened the meeting officially for the hearings to begin at 9:20 a.m.


Board members present were:

Mark Hutchins, Chair, Dale Hanington, Ron Hutchins and Alan Quinlan. Absent were George Parke, Steve Iser, and Bruce Gray.


Staff present were:

Garry Hinkley, Francis Fox, Patrick Malloy, and Dolores Hayes. Bill Laubenstein represented the Attorney General's Office.


Both the September 8, 2005 regular Board meeting minutes and the September 21, 2005 special board meeting minutes were voted unanimously approved.


A Carriers:

Transcontinental Refrigerated Lines Inc. (TRL) of Pittston, PA, US DOT #45911:

Garry Hinkley presented the Review Board Summary Report:

Transcontinental Refrigerated Lines Inc. of Pittston, PA.(US DOT #45911) is a for-hire carrier of refrigerated and dry general freight and produce. The company operates approximately 640 trucks of which about 169 to 208 may operate in Maine.

During the review period, the carrier had 20 violations (8 serious) for 95.3 points including 6 for falsifying logbook; 2 for unqualified driver; 2 logbook not current; 1 excess vehicle weight; 6 no display of lights on trailers; 1 inadequate tires; 1 operating without medical certificate; 1 failure to stop at a weigh station. Maine mileage from IFTA returns was 594,195 miles resulting in an RSR of 18.2.

After the review period the carrier had 17 additional violations including 11 for operating with false duty status; 2 logbook not current; 1 operating with an unqualified driver; and 3 semi-trailer not properly marked.

The carrier has a crash SEA of 78.8; a driver SEA of 96.4 and a vehicle SEA of 59.0. The carrier is SAFESTAT category "B" and is at MCSIP step 12 and has an ISS score of 99.

Documents for the record:

  • Motor Carrier Review Board Summary Report
  • Carrier Supplemental Questionnaire
  • Carrier Letter
  • MCMIS Safety Profile
  • SAFESTAT History
  • Query Central Carrier Snapshot
  • Accident Reports
  • BMV Driver Histories
  • Summonses

This was the carrier's 3rd review.

Transcontinental Refrigerated Lines Inc. representatives, William I. Abraham, Esq., COO; Daniel O"Brien, Safety Compliance Officer; and Paul O'Neil, Safety Consultant. were sworn in and presented testimony on behalf of TRL.

TRL recognized that is has a problem in Maine and elsewhere, and has hired former FMCSA employee O'Neil to periodically review their safety and compliance programs. The company audits 100 percent of their logbooks, and has a staff of 7-9 employees doing compliance reviews. The company has a progressive discipline program for drivers who fail to follow company rules. Of the three drivers with logbook violations in Maine during the review period, two were dismissed, and one was disciplined. The company holds periodic safety meetings, and has extensive written procedures.

The company noted the difficulty in hiring and retaining good drivers. The company has downsized due to the lack of drivers, and has about 75 trucks idled.

The Board voted unanimously to recommend no further action at this time. The motion was made by Ron Hutchins and seconded by Dale Hanington.

Thomas Dicenzo Inc., of Calais, Maine, US DOT #18921.

Garry Hinkley presented the Motor Carrier Review Board summary report .

Thomas Dicenzo Inc. of Calais, Maine (US DOT #18921) is in the highway construction business using approximately 35 trucks registered over 26,000 lbs.

During the review period the carrier had 17 violations (4 serious) for 51 points, including 4 operating with unqualified driver; 4 excess vehicle weight; 1 inadequate tires; 1 operating beyond overlimit permit; 1 illegal attachment of plates; 5 operating without registration; and 1 failure to display US DOT #. Total annual Maine mileage is 148,674 miles (combined IFTA and intrastate mileage). The carrier's RSR is 34.3.

After the review period, the carrier had 1 additional violation for unlawful use of a motor vehicle.

The carrier has a driver SEA of 48.2; a vehicle SEA of 86.2; and is SAFESTAT category F.

This is the carrier's first review.

Documents for the record:

  • Motor Carrier Review Board Summary Sheet
  • Carrier Supplemental Questionnaire
  • MCMIS Profile
  • SAFESTAT History
  • Query Central
  • Carrier Snapshot
  • Driver Records
  • Summonses

The Carrier was represented by William Delmonaco, president, and Dennis Worster, Safety Officer.

The company noted that most of their violations occurred in a relatively short period of time. They have taken steps to correct their deficiencies including having the local motor carrier inspector come in to conduct training. They plan to do that annually. They noted that safety is a priority, and that the company has not had any accidents in over three years.

The Board voted unanimously to recommend no further action at this time. The motion was made by Alan Quinlan and seconded by Dale Hanington.


Garry reported the findings of follow up reviews:

Russell Yu: Garry noted that this carrier has been suspended and will remain suspended until an appearance before the Board. The carrier has not had any recent violations, and may have ceased operation.

Big Rock transportation: Garry reported that the carrier served its suspension and has been restored.

Pinnacle Transportation: Received a (warning letter): The Carrier's supplement was received. There were no significant changes.

Stuart, Torno, & Stuart Inc. (Warning Letter). Company returned their questionnaire. Their mileage increased resulting in a reduction in their RSR.

Northern Springs. (dropped) Carrier's mileage was revised upwards resulting in a lower RSR.

Almighty Waste. (Warning Letter). The carrier failed to return their supplemental questionnaire despite several phone calls by the staff. The carrier's information has not changed significantly. The board voted not to take any action. Staff will conduct a new initial review for possible inclusion on the next top twenty list.

Robert W. Donahoue Trucking LTD. (No new convictions.)


Top Twenty List:

Lushie L. Stanley, dba Driveways by L.L.—7 violations, 22.2 points, RSR unknown. Dale made a motion for “No Action”. Dale seconded and the vote was unanimous.

H&M International Transportation Inc.—5 violations, 18.8 points, RSR 70.0. Dale's motion was for “No Action” and Alan seconded. The vote was unanimous.

W Skidgell Excavation—7 violations, 26.4 points, RSR 34.6. A motion of “No Action” was made by Dale and seconded by Alan. The vote was unanimous.

Sons Transportation Inc.—7 violations, 17.4 points, RSR33.5. Dale made a motion to send a Warning Letter and Ron seconded. The vote was unanimous.

Robert Worster, dba R&M Enterprises—5 violations, 17 points. RSR 25.5. The Carrier is IFTA-suspended. Dale made a motion for a Warning Letter and Alan seconded. The vote was unanimous.

William, a Renaud Jr. Trucking Inc.—9 violations, 23.7 points. RSR 24.0. A motion for a Warning Letter was made by Dale and seconded by Ron. The vote was unanimous.

Whitney Trucking Inc.—5 violations, 23.6 points. RSR 23.9. Alan made a motion for a Warning Letter, Ron seconded it and the vote was unanimous.

Squeglia Transportation Inc.—6 violations. 31.2 points. RSR 20.8. A motion was made by Dale for a Warning letter and seconded by Ron. The vote was unanimous.

Maine Drilling & Blasting Inc.—10 violations. 32 points. RSR 17.5. A motion was made by Dale for “No Action” and seconded by Alan. The vote was unanimous.


The next meeting will be March 9, 2006 at 9:a.m. at the Executive Conference Room, Bureau of Motor Vehicles. Since there are no carriers having a review, the possibility of holding the meeting by conference call will be looked into. After a review of the Rules, it was found that hearings must be open to the public and will be held Thursday, March 9, 2006 at 9:a.m. at the Bureau of Motor Vehicle's Executive Conference Room.

The meeting adjourned at 12:05 a.m.


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