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Motor Carrier Review Board
Minutes
December 19, 2007

The Maine Motor Carrier Review Board met on December 19, 2007.

The following Board members were present: Mark Hutchins, Chair; Ronald Hutchins; George Parke; Bruce Gray; and Dale Hanington.

BMV Attendees: Garry Hinkley, Francis Fox, Patrick Malloy, and Nicole Ibarguen.

AGO Attendee: Gwen Thomas

Guests: Bill Campbell, the driver safety liaison for Western Express. Bill gave a short presentation on his involvement with Western Express’ effort to improve the company’s safety record in Maine and throughout the United States.

The September 20, 2007 minutes were approved. George/Bruce; Unanimous

Announcements:

Gwen Thomas has replaced Bill Laubenstein as the counsel for the Board. Gwen has been an Assistant Attorney General with the state since 1989. Since last year she has been representing the Bureau of Motor Vehicles, mostly with Superior Court appeals.

Unified Carrier Registration (UCR) has been in effect since September 2007. Maine is a participating UCR state and has partnered with InforME to develop an online UCR application for our carriers. The system is operational and available for carrier use. Maine has successfully uploaded all UCR information to the Federal SAFER system for law enforcement compliance queries.

Maine has issued a Request for Proposal for a new web-based IRP system. Maine has already hosted the bidders’ conference and responded to written questions. The deadline for submitting proposals is January 31, 2008.

Maine will soon be issuing two other Requests for Proposals in the very near future – one for a CVISN/CVIEW system and one for an electronic screening system at the Kittery Weigh Station.

Earlier this month, the Board’s own Bruce Gray was named Maine Driver of the Year.

Correspondence:

Letter from Nick McCrum, County Super Spuds, Inc., received December 12, 2007.
Letter from Alan Dorr Contractor, dated September 14, 2007.


Review of “A” Carriers:

Consolidated Lumber Transport Inc – USDOT Number 994802
RSR 227.2; No Action; Bruce/George – Unanimous.

Consolidated Lumber Transport Inc, of Palmer, Massachusetts is a for-hire carrier of general freight, household goods, metal, motor vehicles, logs, building materials, machinery, and paper products, operating 408 power units and 408 drivers. This is the carrier’s first full review (continuance from September 2007) after a preliminary review in June 2007.

During the review period (01/01/2006 to 12/31/2006), the carrier had 12 violations (5 serious) for a total of 65.7 points, including 5 falsifying log book, 1 operating with defective air warning device, 4 log not current, 1 unsecured load, and 1 inadequate suspension. The carrier reported 28,860 Maine miles (IFTA) resulting in a RSR of 227.7.

The carrier has 6 violations after the review period, including 1 falsifying log book, 1 operating motor vehicle over 10 hours, 1 excess vehicle weight, 1 operating w/out Operating Authority license, 1 inadequate brakes, and 1 no display of lights on trailer.

The carrier has an Accident SEA of 26; a Driver SEA of 98; a Vehicle SEA of 86. The carrier is SafeStat category B, with a MCSIP step of 24 (targeted), and an ISS value of 97 (inspect).

Documents for the record:

  1. MCRB Summary
  2. Carrier Supplement
  3. BMV Driving Records
  4. MCMIS Safety Profile
  5. SafeStat History
  6. Query Central Snapshot
  7. Response letter to FMCSA

Chris Beach and Jeffrey Pritoni appeared before the Board to explain company operations and the programs and driver/dispatcher incentives that have been put in place to improve the company’s safety record.

Peter M. Tufts – USDOT Number 610576
RSR 61.8; Recommended 30 Day Suspension based on the safety record (2 convictions for violating OOS Orders that were alcohol related); Dale/George – Unanimous.

Peter M. Tufts, dba Tufts Transportation Inc, of Medford, Massachusetts is a for-hire carrier of dry bulk commodities and mulch, operating 3 power units and 4 drivers. This is the carrier’s second full review. No action was taken at the first full review (Tufts Transportation Inc., December 2004).

During the review period (04/01/2006 to 03/31/2007), the carrier had 8 violations (2 serious) for a total of 30.9 points, including 2 violating OOS order, 1 operating CMV in violation of hazmat, 1 inadequate tires, 3 operating without Operating Authority license, and 1 failure to display name on truck/truck tractor. The carrier’s reported Maine mileage is 49,975 miles (IFTA) resulting in a RSR of 61.8.

The carrier has no violations after the review period.

The carrier has a Driver SEA of 23; a Vehicle SEA of 82; and a Safety Management SEA of 90. The carrier is SafeStat Category C, with a MCSIP Step of 2 (targeted) and an ISS of 95 (inspect).

Documents for the record:

  1. MCRB Summary
  2. Carrier Supplement
  3. MCMIS Safety Profile
  4. SafeStat History
  5. Query Central Snapshot

Joseph Spack – USDOT Number 691661
RSR 19.1; No Action; George/Bruce – Unanimous.

Joseph Spack, dba J&G Spack & Daughters Trucking, of Milo, Maine is an exempt for-hire carrier of general freight, household goods, metal, logs, building materials, machinery, produce, meat, dry bulk commodities, and paper products operating 4 power units and 4 drivers. This is the carrier’s first full review following a preliminary review in June 2007.

During the review period, the carrier had 9 violations (none serious) for a total of 25 points, including 3 excess vehicle weight, 1 speeding in a commercial motor vehicle > 14 mph over limit, 1 unsecured load, 1 failure to provide evidence of insurance, 1 failure to provide proof of commercial motor vehicle inspection, 1 operating intrastate commercial motor vehicle without registration, and 1 failure to display name on truck/tractor. The carrier’s reported Maine mileage is 130,643 (IFTA & FUID) miles resulting in a RSR of 19.1.

The carrier has 7 violations after the review period, including 2 operating over posted weight, 2 failure to display valid inspection sticker, 2 operating unregistered vehicle, and 1 failure to display name on truck.

The carrier has four outstanding FTA’s and is scheduled to go under suspension December 28, 2007 unless the fines and reinstatement fees are paid.

The carrier has a Vehicle SEA of 96, and is SafeStat category F, with a MCSIP step of 0 (not targeted), and an ISS value of 84 (inspect).

Documents for the record:

  1. MCRB Summary
  2. Carrier Supplement
  3. BMV Driving Records
  4. MCMIS Safety Profile
  5. SafeStat History
  6. Query Central Snapshot

Mr. Spack appeared before the Board. He explained the nature of his operation and admitted that his knowledge of the “paper work” side of the business was not good. He indicated that he has reduced the number of drivers and trucks; has contracted with a wood operation company; and has started to work with firm to help with some of the paperwork. The Board firmly suggested to Mr. Spack that he take responsibility for attending to tasks that would prevent further safety violations in the future.

Sheldon Eastman – USDOT Number 791225
RSR 16.4; Recommended Indefinite Suspension based on the totality of the carrier’s safety record/submission of a Carrier Supplement is a condition of restoration; Ron/Bruce – Unanimous.

Sheldon Eastman, dba Sheldon Eastman Co, of Bucksport, Maine is an exempt for-hire carrier of refuse and bark mulch, operating 6 power units and 4 drivers. This is the carrier’s first full review following a preliminary review in September 2007. The carrier may be a related entity to S F Eastman LLC.

During the review period (04/01/2006 to 03/31/2007), the carrier had 14 violations (none serious) for a total of 36.2 points, including 2 excess vehicle weight, 1 speeding in a CMV > 14 mph over limit, 2 inadequate brakes, 2 inoperative lights, 1 operation without medical certificate, 1 failure to display flags/flares, 2 failure to provide proof of CMV inspection, 1 inadequate exhaust system, 1 failure to display fuel decal, and 1 operation without ID device. The carrier’s reported Maine mileage is 220,510 miles (IFTA) resulting in a RSR of 16.4.

The carrier had 2 accidents during the review period.

The carrier had 2 violations after the review period, both for failure to display valid inspection sticker.

The carrier has not provided the Supplemental Information to date, and all attempts to contact the carrier have been unsuccessful.

The carrier has an Accident SEA of 72; a Driver SEA of 58; a Vehicle SEA of 89; and a Safety Management SEA of 65. The carrier is SafeStat Category F, with a MCSIP Step of 0 (not targeted) and an ISS of 81 (inspect).

Documents for the record:

  1. MCRB Summary
  2. MCMIS Safety Profile
  3. SafeStat History
  4. Query Central Snapshot

Follow Up of “B” Carriers (From June 14, 2007 Meeting):

TJMT – USDOT 50735
RSR 6.8; No further follow up requested.

The carrier’s supplemental information was received 10/29/07 -no changes to report.

Raymond E. Smith – USDOT 1228682
RSR 26.0; No further follow up requested.

The carrier’s supplemental information was received 10/30/07 – no changes to report.

Schoppee’s Dairy LLC – USDOT 671920 (continuance from September 2007)
RSR 20.8;

The carrier’s supplemental information was received at 8:18 on 12/19/2007. MCRB staff will review the information and report back to the Board at the next meeting.

Len Poulin Inc - USDOT Number 773400
RSR 17.2; Review new information – place in Top Twenty for next meeting if there are changes to the MCRB Summary; Bruce/Dale – Unanimous.

The carrier’s supplemental information was received at 10:06 on 12/19/2007. MCRB staff will review the information and report back to the Board at the next meeting.

The carrier has 2 additional violations after the review period, which include 1 excess vehicle weight and 1 failure to provide/display flags/flares

Alan R. Dorr - USDOT Number 500871
RSR 16.2; Respond to Mr. Dorr’s letter, include in correspondence for next meeting.

The carrier’s supplemental information was received 12/17/07.

The carrier had 1 violation after the review period – operating over posted weight.

The carrier has submitted a letter to the Board explaining the nature of his business and the steps he has taken to reduce violations. He also is requesting an explanation as to why the Board is reviewing what he calls the “trucking portion of the business where we had no violations.”


Top Twenty Carriers (review period 07/01/2006 to 06/30/2007):

  1. County Super Spuds Inc - USDOT Number 824236
    RSR 18.5; No Action; George/Bruce – Unanimous

    County Super Spuds Inc, dba Jay & David McCrum Farms, of Mars Hill, Maine is a private property carrier of fresh produce, grain, feed, hay, and farm supplies operating 18 power units and 18 non-CDL drivers.

    During the review period, the carrier had 5 violations (none serious) for a total of 18.1 points, including 4 excess vehicle weight and 1 failure to display flags/flares. The carrier reported 97,695 Maine miles (from correspondence, increase from 7500 FUID) resulting in a RSR of 18.5.

    The carrier has a Vehicle SEA of 13. The carrier is SafeStat Category I, with a MCSIP Step of 0 (not targeted) and an ISS of 65 (optional). This is the carrier’s first preliminary review.

    The carrier sent a letter to the Board’s attention to update the Maine mileage and also to explain the action taken to reduce excess vehicle weight fines.
  2. JDR Transportation Inc - USDOT Number 1034223
    RSR 151.8; Letter B; George/Dale – Unanimous

    JDR Transportation Inc, of South Attleboro, Massachusetts is a for-hire carrier of general freight operating 50 power units and 50 drivers.

    During the review period, the carrier had 7 violations (none serious) for a total of 18.6 points, including 1 log not current, 1 defective steering, 1 no display of lights on trailer, 1 defective tires, 1 operating w/out Operating Authority license, 1 illegal attachment of plates, and 1 operating w/out ID device. The carrier reported 12,255 Maine miles (IFTA CH) resulting in a RSR of 151.8.

    The carrier has an Accident SEA of 31; a Driver SEA of 64; a Vehicle SEA of 94. The carrier is SafeStat category F, and has a MCSIP Step of 0 (not targeted) and an ISS of 83 (inspect). This is the carrier’s first preliminary review.
  3. Andrew Hodgkins - USDOT Number 820463
    RSR 44.3; Letter B; George/Ron; Unanimous

    Andrew Hodgkins, dba A C E Trucking of Ellsworth, is an exempt for-hire and private property carrier of machinery and construction materials, operating 2 power units and 3 drivers.

    During the review period, the carrier had 6 violations (none serious) for a total of 15.5 points, including 2 excess vehicle weight, 1 failure to provide evidence of insurance, and 3 failure to provide CMV inspection. The carrier reported 35,000 Maine miles (FUID) resulting in a RSR of 44.3.

    The carrier has a Driver SEA of 74, and a Vehicle SEA of 93. The carrier is SafeStat Category F, has a MCSIP Step of 0 (not targeted), and an ISS of 82 (inspect). This is the carrier’s first preliminary review.
  4. Gerald Pelletier Inc - USDOT Number 421467
    RSR 42.3; Letter A; Bruce/Ron; Unanimous

    Gerald Pelletier Inc, of Millinocket, Maine is a private property carrier of logs, poles, beams, and lumber, operating 17 power units and 24 drivers.

    During the review period, the carrier had 11 violations (3 serious) for a total of 47.0 points, including 1 aggravated gross weight >19%, 2 operating w/unqualified driver, 1 unsafe CMV, 4 excess vehicle weight, 1 operating over posted weight, and 2 operating beyond overlimit permit. The carrier’s Maine mileage is 111,180 miles (IFTA) resulting in a RSR of 42.3.

    The carrier had one accident during the review period.

    The carrier has a Driver SEA of 73; a Vehicle SEA of 89. The carrier is SafeStat Category F, with a MCSIP Step of 0 (not targeted) and an ISS of 80 (inspect). This is the carrier’s third preliminary review. The carrier had two previous warning letters.
  5. Danny Plourde Trucking Inc - USDOT 462617
    RSR 20.0; Letter B; Dale/Bruce; Unanimous

    Danny Plourde Trucking Inc, of Fort Kent, Maine is an exempt for-hire and private property carrier of logs, poles, beams, and lumber, operating 2 power units and 1 driver.

    During the review period, the carrier had 5 violations (none serious) for a total of 18.7 points, including 1 unsafe CMV, 3 excess vehicle weight, and 1 speeding 0-14 mph over the limit. The carrier’s reported Maine mileage is 93,303 miles (IFTA) resulting in a RSR of 20.0.

    The carrier is SafeStat Category H, with a MCSIP Step of 0 (not targeted) and an ISS of 11 (pass). This is the carrier’s first preliminary review.
  6. Ed Herbest & Sons Trucking Inc - USDOT Number 319711
    RSR 20.8; No Action; Dale/Bruce; Unanimous

    Ed Herbest & Sons Trucking Inc, of Orneville, Maine is a for-hire and exempt for-hire carrier of logs, poles, beams lumber, chips/bark/wood, and refuse, operating 2 power units and 2 drivers.

    During the review period, the carrier had 6 violations (none serious) for a total of 20.0 points, including 3 excess vehicle weight, 1 operating over posted weight, 1 operating over height restriction, and 1 speeding in a CMV 0-14 mph over the limit. The carrier’s reported Maine mileage is 96,100 miles (IFTA) resulting in a RSR of 20.8.

    The carrier is SafeStat Category I, with a MCSIP Step of 0 (not targeted), and an ISS of 50 (optional). This is the carrier’s first preliminary review.

    The carrier called the MCS Office and stated that the company went out of business in March 2007.
  7. Pellscot LLC - USDOT Number 991392
    RSR 18.0; Letter B; Dale/Ron; Unanimous

    Pellscot LLC, of Glenburn, Maine is an intrastate private property carrier of gravel, operating 7 power units and 9 drivers.

    During the review period, the carrier had 6 violations (none serious) for a total of 20.7 points, including 1 unsafe CMV, 2 operating over posted weight, 1 inadequate brakes, 1 inadequate tires, and 1 operating beyond overlimit permit restrictions. The carrier’s reported Maine mileage is 115,000 miles (FUID) resulting in a RSR of 18.0.

    The carrier had 3 violations after the review period, including 1 inadequate tail lights, 1 operating over posted weight, and 1 failure to display valid inspection sticker.

    The carrier had one accident during the review period.

    The carrier has an Accident SEA of 70; a Vehicle SEA of 83, and is in SafeStat Category F, with a MCSIP Step of 0 (not targeted), and an ISS of 78 (inspect). This is the carrier’s first preliminary review.
  8. Emery Lee & Sons Inc - USDOT Number 671994
    RSR 17.1; Letter A; Ron/Bruce; Unanimous

    Emery Lee & Sons Inc, of Millinocket, Maine is a private property carrier of logs, poles, beams, lumber, machinery, and construction equipment, operating 47 power units and 8 drivers.

    During the review period, the carrier had 7 violations (none serious) for a total of 25.5 points, including 1 unsafe CMV, 1 excess vehicle weight, 1 speeding over 14 mph in CMV, 2 inadequate brakes, 1 unsecured load, and 1 operating over height. The carrier’s reported Maine mileage is 149,508 miles (FUID) resulting in a RSR of 17.1.

    During the review period the carrier had one accident resulting in 2 injuries.

    After the review period the carrier had 5 violations: 3 operating beyond overlimit permit restriction, 1 unsecured load, and 1 inadequate tail light.

    After the review period the carrier was involved in one accident resulting in a fatality.

    The carrier has an Accident SEA of 42 and a Vehicle SEA of 92. The carrier is SafeStat category F, and has a MCSIP Step of 0 (not targeted), and an ISS of 82 (inspect). This is the carrier’s third preliminary review.
  9. Sluggo’s Trucking Inc - USDOT Number 601208
    RSR 17.0; Letter B; Bruce/George; Unanimous

    Sluggo’s Trucking Inc, of Ashland, Maine is a private property carrier of logs, poles, beams, lumber, and machinery, operating 2 power units and 2 drivers.

During the review period, the carrier had 5 violations (none serious) for a total of 17.6 points, including 3 excess vehicle weight, 1 inadequate brakes, and 1 failure to provide proof of CMV inspection. The carrier’s reported Maine mileage is 103,430 miles (IFTA) resulting in a RSR of 17.0.

The carrier has a Vehicle SEA of 91. The carrier is SafeStat category F, and has a MCSIP Step of 0 (not targeted), and an ISS of 82 (inspect). This is the carrier’s thirteenth review. The carrier has had two warning letters in the past.


New Business: None

Old Business:

Appointments:
Find a replacement for George (expired 12/31/2005).

Dale and Steve expire 12/31/2007.

Alan, appointed 09/25/2007, expires 12/31/2008
Bruce, appointed 09/25/2007, expires 12/31/2009
Mark, appointed 09/25/2007, expires 12/31/2009
Ron, appointed 09/25/2007, expires 12/31/2008


Next Meeting Date: March 20, 2008

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