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Motor Carrier Review Board
Minutes
December 7, 2006

The Maine Motor Carrier Review Board met on Dec. 7, 2006 at the BMV office in Augusta to consider the records of several motor carriers with significant violation histories in Maine.


Board members present were:

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


Staff members present were:

Garry Hinkley, Francis Fox, Bill Laubenstein, Patrick Malloy, and Nicole Ibarguen


 

The Sept. 14, 2006 minutes were approved as presented.

Garry reviewed recent staff changes/updates. Matthew Dunlap continues as Secretary of State and Cathy Curtis continues as the Deputy Secretary of State. Nicole Ibarguen was introduced to the Board.


Review of “A” Carriers

Seven carriers were scheduled for review. No carriers were recommended for suspension.

Joseph Eletto Transfer Inc. USDOT #. 17765. Represented by Jim Vaughan, safety director. No further action. George/Bruce. Unanimous.

Joseph Eletto Transfer Inc of Hicksville, NY is a for-hire carrier of general freight and household goods using approximately 310 trucks and drivers. The carrier operates 6 trucks based from South Windsor, CT in the state of Maine. This is the carrier’s first review.

During the review period, the carrier had eight violations (2 serious) including 1 for falsifying log book; 1 for operating w/an unqualified driver; 2 operating w/out 7 days previous logs; 1 operating w/out medical certificate; 1 failure to provide proof of commercial inspection; 1 operating w/out O/A license; and 1failure to comply with IRP. In addition, the carrier had two violations for operating a CMV while fatigued. The carrier had 29.8 total points, and Maine mileage of 14,763 resulting in an RSR of 201.9.

There were no additional violations after the review period. The carrier had one accident in Maine on 9/25/05.

The carrier has a Crash SEA of 23.3; a Driver SEA of 88; and a Vehicle SEA of 55. The carrier is SAFESTAT category E, with a MCSIP step of zero (not targeted.) ISS value of 90.

Documents for the record:

  1. MCRB summary sheet
  2. Carrier supplemental questionnaire
  3. Driving records
  4. MCMIS safety profile
  5. SAFESTAT history
  6. Query Central report
  7. Crash report
  8. Letter from company.

Mr. Vaughan testified that the company had taken several steps to improve their operations including replacing the dispatcher responsible for dispatching to the northeast. They have added a full time safety compliance officer in the corporate office to review monthly safety reports. A consultant also comes on-site on quarterly basis to review safety. Monthly safety meetings are held at local offices. Also instituted a new log book check program and conduct more drivers training with a training manual to review with drivers who have less than one-year experience. They have terminated problem drivers.

Thomas Dicenzo Inc. USDOT 18921. No further action. Bruce/George. Unanimous. Represented by William Delmonaco and Denis Worcester.

Thomas Dicenzo Inc of Calais is an interstate private carrier of machinery and large objects, and a highway construction contractor. The carrier operates approximately 32 trucks with 29 drivers. (Note: their MCS-150 should be updated to reflect the total number of vehicles and drivers.) This is the carrier’s second review. A preliminary review in 2005 resulted in no action.

During the review period, the carrier had 17 violations (6 serious) for a total of 71.1 points, including 6 operating with unqualified driver; 1 defective steering; 1 speeding in a commercial motor vehicle > 14MPH over the limit; 3 excess vehicle weights; 2 inadequate brakes; 1 unsecured load; 1 inadequate tires; 1 illegal attachment of plates; and 1 inadequate exhaust. The carrier reported 151961 Maine miles resulting in an RSR of 46.8.

The carrier had 3 violations after the review period including 1 for inadequate brakes; 1 for Haz Mat; and 1 for illegal operation of CMV.

The carrier has a driver SEA of 50.7 and a vehicle SEA of 90.1. The carrier is SAFESTAT category F with a MCSIP step of zero (not targeted.) Their ISS rating is 81.

Documents for the record:

  1. CRB summary record
  2. Carrier supplemental questionnaire
  3. BMV driving records
  4. MCMIS profile
  5. SAFESTAT history
  6. Query Central snapshot
  7. traffic tickets

The company representatives explained how they were trying to do a better job tracking employees and vehicles. They have reorganized their inspection and mechanics process. They have discontinued any Haz-mat operations.

Lilac Sunrise Disposal. USDOT# 705865. No Further Action - conditional. George/Bruce. Unanimous. Represented by Fred Raynor. Company to provide a list of drivers – received 12/12/06.

George Raynor, dba Lilac Sunrise Disposal, of Baileyville, ME (USDOT# 705865 ) is in the business of hauling solid waste and demolition debris using approximately 14 trucks (of various sizes) and an unknown number of drivers. (The carrier failed to report their drivers on their questionnaire.) This carrier has since reported drivers to BMV on 12/12/06. This is the carrier’s first review.

During the review period, the carrier had 14 violations (none serious) for 43.4 points including 2 defective steering; 1 improper registration; 1 excess vehicle weight; 1 speeding in a CMV > 14 MPH over the limit; 1 inadequate brakes; 1 unsecured load; 1 inoperative lights; 1 inadequate tire; 1 inadequate suspension; 2 failure to display flags/flairs; 1 failure to provide proof of commercial inspection; and 1 operating w/out commercial registration. The carrier reported 230,350 Maine miles resulting in an RSR of 18.8.

The carrier had four violations after the review period including 1 operating a defective motor vehicle; 1 inadequate tires; 1 failure to display valid inspection; and 1 unsecured load.

The carrier has a vehicle SEA of 94.3, and is SAFESTAT category F with a MCSIP step of 12 (targeted.) Their ISS value is 83.

Documents for the record:

  1. MCRB summary sheet
  2. Carrier supplemental questionnaire
  3. MCMIS profile
  4. SAFESTAT history
  5. BMV driving records
  6. traffic tickets
  7. Query Central snapshot

Mr. Raynor testified that the company has made changes to their vehicle maintenance process in order to better maintain their vehicles.

Alan Spencer, dba A & S Transport. USDOT# 783569. Continued. Supplemental Questionnaire required. George/Alan. Unanimous.

Alan Spencer, dba A & S Transport of Saco, Maine (USDOT#783569) is a for hire carrier of various commodities including the US mail. The carrier operates approximately two trucks with two drivers. Even though his legal address is Maine, the trucks are registered in Florida. (Their truck now is registered in Maine.) This is the carrier’s first review.

During the review period, the carrier had six violations (1 serious) for 22.1 points including 1 disqualified driver; 2 unsafe commercial motor vehicle; 1 defective frame; 1 operating over height; 1 failure to provide proof of commercial inspection. 20,132 Maine miles from IRP CH resulting in an RSR of 110.

There were no violations after the review period.

The carrier has a driver SEA of 84; a Vehicle SEA of 94; and is SAFESTAT category C, MCSIP step 16. ISS value of 97.

The carrier failed to return their questionnaire.

Documents for the record:

  1. MCRB summary sheet
  2. Driving records
  3. MCMIS report
  4. Safestat history
  5. ISS snapshot
  6. Attorney’s letter requesting a continuance

The board granted the continuance request, however, since this will be the carrier’s second continuance the board noted that there would not be any more. Also, the Board asked that it be made clear that the questionnaire should be returned.

County Concrete Co. Inc, USDOT# 341336. Continued. Dale/Bruce. Unanimous.

County Concrete Co Inc of Columbia Falls is a private carrier in the construction business. The carrier operates approximately 19 trucks and drivers. This is the carrier’s second review. The carrier previously was issued a warning letter in June. Previous RSR was 33.1.

During the 18 month review period, the carrier had 20 violations (none serious) including 6 for excess vehicle weight; 1 inadequate brakes; 1 unsecured load; 4 inoperative lights; 1 operating without O/L permit; and 7 failure to provide proof of insurance. The carrier’s total points are 57.1; Maine miles are 117,696 resulting in an RSR of 48.5.

After the review period, the carrier had 10 additional convictions: 3 for expired inspection sticker; 1 for inadequate tail light; 1 for failure to display flags/flares; 2 for excess weight; 1 for failure to provide evidence of insurance; 1 for failure to comply with fuel tax licensing; and 1 for inadequate brakes.

The carrier has a vehicle SEA of 78 and is SAFESTAT category F. MCSIP score is zero (not targeted.) ISS rating is 79.

Documents for the record:

  1. MCRB summary sheet
  2. carrier supplemental questionnaire
  3. MCMIS safety profile
  4. SAFESTAT history
  5. ISS snapshot
  6. letter requesting a continuance

As a part of the review it was determined that the carrier may have related entities. These will be reviewed as a part of the follow up.

Royal Transport System Inc of Elkgrove, IL. USDOT# 1040176. Continued. Dale/Bruce. Unanimous.

Royal Transport System Inc of Elkgrove, IL is in the business of transporting general freight for-hire using approximately 30 trucks and 65 drivers, primarily owner-operators. This is the carrier’s first review.

During the review period, the carrier had six violations (2 serious) including 2 for falsifying log books; 1 inadequate brakes; 1 defective frame; 1 operating w/out operating authority license; and 1 inadequate fire extinguisher for a total of 24.8 points. The carrier reported 8,077 Maine miles on their IFTA returns resulting in an RSR of 307.

There were no known violations after the review period.

The carrier has a Crash SEA of 66; a Driver SEA of 98; and a Vehicle SEA of 67. The carrier is SAFESTAT category E, and has a MCSIP step of 12 (targeted.) The ISS value is 92.

The carrier returned supplemental questionnaire with list of owner/operators.

Documents for the record:

  1. MCRB summary sheet
  2. Driver record
  3. MCMIS report
  4. SAFESTAT history
  5. ISS snapshot.
  6. Query Central report
  7. supplemental questionnaire
  8. letter requesting continuance

The board granted the continuance, but requested that the carrier provide a list of drivers/owner-operators.

N C D Transport Inc of Totowa, NJ USDOT# 715714, Continued. George/Dale. Unanimous.

N C D Transport Inc of Totowa, NJ is in the business of hauling general freight using approximately 23 trucks and drivers. This is the carrier’s first review.

During the review period, the carrier had 10 violations (3 serious) for 35.2 points, including 3 falsifying log books; 1 inadequate safety device; 2 no display of lights on trailer; 1 operating w/out operating authority; 2 no ID devices; and 1 failure to comply with IRP requirements. They reported 6101 Maine miles on their NJ IRP application, resulting in an RSR of 577.

There was one previous driver violation.

The carrier has a Crash SEA of 38; a Driver SEA of 96.5; a Vehicle SEA of 65; and a Safety Management SEA of 84. The carrier is SAFESTAT category B, with a MCSIP step of 12 (targeted), and an ISS value of 97.

The carrier failed to return their supplemental questionnaire. The carrier currently is under suspension for an FTA.

Documents for the record:

  1. MCRB summary sheet
  2. MCMIS report
  3. SAFESTAT history
  4. ISS snapshot
  5. letter from company

Follow up on carriers issued warnings from the Sept. 14th meeting.

Review of “B” Carriers

Transcontinental Refrigerated Lines Inc. USDOT # 45911. No further Action. George/Dale. Unanimous.

TRL returned their supplemental questionnaire. There were no significant additional violations. 46 violations (28 serious). Total points 268. RSR 38.9.

V L Tammaro Oil Co Inc. USDOT# 784295. No Further Action. Dale/Bruce. 4-0-1 (Alan abstained.)

Questionnaire received. No significant changes. 6 violations. None serious. 16.1 total points. RSR 15.4

Lawrence Carr Leasing.

Staff reported that Lawrence Carr Leasing Inc is eligible to come off suspension December 26th.


Top 20 Reviews.

The following carriers received initial reviews:

  1. Eddie Clocks. USDOT# 1195204. No action. Dale/Bruce. Unanimous. 8 violations (5 serious.) total points 45. RSR 167. Carrier currently is suspended for FTA’s.
  2. Davis Paving USDOT# 812032. Warning letter. Dale/Bruce. Unanimous. 6 violations (none serious.) 19.2 points. RSR 107.
  3. S J McCarthy USDOT# 1368092. Warning Letter. Dale/George. Unanimous. 6 violations (none serious.) 22.1 points. RSR 62.3.
  4. Live Lobster Co. Inc. USDOT# 961109. No Action. Dale/Bruce. Unanimous. 5 violations (1serious.) 15.5 points. RSR 50.1.
  5. William A Renaud Jr Trucking Inc. USDOT# 309995. Letter A. Dale/George. Unanimous. 11 violations (1 serious.) 33.8 points. RSR 38.
  6. Ross Express Inc. USDOT# 86179. No Further Action. Dale/Bruce. Unanimous. 10 violations (2 serious.) 35.4 points. RSR 29.4.
  7. Cindy Boutwell. USDOT#1310287. No Further Action. Alan/Bruce. Unanimous. 5 violations (none serious.) 14.2 points. RSR 28.0
  8. Donald Scott. dba Scott Tree Farms. USDOT#923048. No Further Action. Bruce/Dale. Unanimous. 5 violations (none serious.) 13.8 points. RSR 19.7.
  9. Wallboard Supply Co Inc. USDOT# 30841. No Further Action. Dale/George. Unanimous. 7 violations (none serious.) 24.2 points. RSR 18.6.
  10. M Rafford Trucking Inc. USDOT#430194. No Further Action. Bruce/George. Unanimous. 6 violations (none serious.) 17.1 points. RSR 16.6.
  11. Griffin’s Disposal Service Inc. USDOT# 792794. Warning Letter. Dale/Bruce. Unanimous. 14 violations (2 serious.) 47.9 points. RSR 16.1.

The board adopted the model code of ethics prepared by the Dept. of Administration.


Next meeting is March 6, 2007 at BMV.



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