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Motor Carrier Review Board
December 15, 2011

Board Members Present:

The following Board members were present: Mark Hutchins, Chair; Alan Quinlan; Brian Parke; Bruce Gray; David Littlefield; Patrick Sirois; and, Russell Swift. 


BMV Staff Present:

Garry Hinkley, Francis Fox, Patrick Malloy, and Angela Giuffrida


Attorney General's Office:

Gregory Im


Guests:

Tom Arnold, Deputy Secretary of State; Jay Martin, Small Business Advocate


 

The Motor Carrier Review Board met on December 15, 2011.  The meeting was called to order at 8:06 AM.

Minutes of the October 4, 2011 Board meeting were approved. Brian/David – Unanimous

Announcements:

CVISN: Garry Hinkley updated the Board on the CVSIN project.  He reported that there will be work underway shortly to install transponder readers at the Kittery weigh station which will complete the necessary work to make Maine CVISN Level 1 compliant.  Once Maine reaches CVISN Level 1 compliance the state will be able to go forward with higher level CVISN projects.  Maine will pursue a CVISN grant to install optical character readers at the York and Sidney weigh stations.

Correspondence:

There was one piece of correspondence for the Board to review:

  • The Board received a letter dated December 12, 2011 from Phil Roy, Manager of Down East Disposal.

The Board took the correspondence under consideration during the review of Down East Disposal.

Review of “A” Carriers:

Brett E Davis – USDOT Number 772155
RSR 135.44; Recommended suspension with restoration conditional upon the carrier’s appearance before the Board to satisfy concerns regarding the carrier’s operating safety; Brian/Bruce - Unanimous
Brett E Davis, dba BE Davis and Son Transportation, of Canaan, Maine is an interstate exempt for-hire carrier of logs, poles, beams, lumber, garbage, refuse, and trash operating 1 power unit and 1 CDL driver.

During the review period (January 1, 2010 to December 31, 2010) the carrier had 24 violations (one serious) for a total of 61.60 points, including 1 unqualified driver, 1 defective steering, 2 excess vehicle weight, 2 inadequate brakes, 2 inoperative lights, 1 defective brake hose, 2 inadequate defective equipment, 1 inadequate tires, 2 inadequate suspension, 1 operating without medical certificate, 1 failure to provide evidence of insurance, 1 evasion of registration fees/taxes, 1 expired inspection, 2 illegal attachment of plates, 2 inadequate exhaust, 1 failure to display name on truck/tractor, and 1 failure to display fuel decal.  The carrier’s reported Maine mileage is 45,480 miles (IFTA CH) resulting in an RSR of 135.44.

After the review period the carrier had 33 violations (none serious), including 1 defective steering, 2 inadequate brakes, 4 inoperative lights, 5 inadequate defective equipment, 10 inadequate tires, 2 defective brake adjustment, 3 inadequate suspension, 2 inadequate fire extinguisher, 1 inadequate exhaust, 2 operating intrastate commercial without registration, and 1 failure to display name on truck/tractor.

The carrier is currently under an FMCSA out-of-service order and has a Controlled Substances and Alcohol BASIC in Monitor Status, a Vehicle Maintenance BASIC of 99.4 (Monitor Status), a MCSIP Step of 57 (targeted – Federal OOS), and an ISS inspection selection value of 89 (inspect).

The supplemental questionnaire has not been returned to date after being delivered by FedEx on October 6, 2011 and requested again via first class mail on November 21, 2011.

This is the carrier’s first full review.  The carrier had two previous preliminary reviews, both resulting in a warning letter.

Documents for the record:

  1. MCMIS Safety Profile
  2. Safety Measurement System History
  3. Query Central Snapshot

Down East Disposal LLC – USDOT Number 1651512
RSR 117.08; Continuance; Brian/Bruce - Unanimous
Down East Disposal LLC, of Calais, Maine is an interstate exempt for-hire carrier of garbage, refuse, and trash operating 4 power units and 5 (4 CDL) drivers.

During the review period (January 1, 2010 to December 31, 2010) the carrier had 27 violations (four serious) for a total of 74.40 points, including 2 operation with defective fuel system, 2 no brake pressure, 1 defective steering, 4 inadequate brakes, 1 unsecured load, 3 inoperative lights, 2 inadequate defective equipment, 2 inadequate tires, 2 failure to provide proof of commercial inspection, 2 inadequate fire extinguisher, 2 operating intrastate commercial without registration, 1 failure to display name on truck/tractor, 1 failure to display fuel decal, and 2 failure to comply with IRP.  The carrier’s reported Maine mileage is 63,546 miles (IFTA CH) resulting in an RSR of 117.08.

The carrier had one accident resulting in injury during the review period.

After the review period the carrier had 12 violations (none serious), including 1 inadequate brakes, 1 unsecured load, 2 inoperative lights, 1 defective coupling, 1 inadequate defective equipment, 1 inadequate tires, 2 defective brake adjustment, 1 operating intrastate commercial without registration, 1 improper marking on truck/tractor, and 1 failure to correct previous defects.

The carrier has a current Vehicle Maintenance BASIC of 74.2 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 48 (pass).

The supplemental questionnaire has not been returned to date after being delivered by FedEx on October 6, 2011 and requested again via first class mail on November 21, 2011. The second request was returned by the USPS and then forwarded December 2, 2011 to the PO Box on the returned envelope.

This is the carrier’s first full review.  The carrier had a preliminary review in June 2011 which resulted in a warning letter.

There is a letter from Phil Roy, Manager of Down East Disposal, stating that the business will be closing January 1, 2012 and is in the process of being sold to another company.  Mr. Roy requested that the company be allowed to operate until the company’s customer base is turned over to the new owner.  During a phone conversation with Susan Cilley (see B carrier review) it was learned that she was buying out Down East Disposal.

Documents for the record:

  1. MCMIS Safety Profile
  2. Safety Measurement System History
  3. Query Central Snapshot

Jeffrey R Richards – USDOT Number 2032352
RSR 84.91; Recommended suspension with restoration conditional upon the carrier’s appearance before the Board to satisfy concerns regarding the carrier’s operating safety; David/Patrick - Unanimous
Jeffrey R Richards, dba Trucking Unlimited, of Vassalboro, Maine is an interstate carrier, currently without authority, of crushed automobiles operating 2 power units and 2 CDL drivers.

During the review period (January 1, 2010 to December 31, 2010) the carrier had 33 violations (two serious) for a total of 98.50 points, including 1 falsifying log book, 1 operating motor vehicle over 10/11 hours, 2 defective steering, 2 inadequate brakes, 4 unsecured load, 4 defective brake hose, 1 inoperative lights, 1 defective frame, 4 inadequate defective equipment, 5 inadequate tires, 2 defective brake adjustment, 1 inadequate suspension, 1 failure to provide proof of commercial inspection, 1 inadequate fire extinguisher, 1 operating intrastate commercial without registration, 1 failure to display name on truck/tractor, and 1 failure to comply with IRP.  The carrier’s reported Maine mileage is 116,000 miles (IFTA CH) resulting in an RSR of 84.91.

After the review period the carrier had 15 violations (none serious), including 1 log not current, 1 inadequate brakes, 1 unsecured load, 2 defective brake hose, 1 inoperative lights, 3 inadequate defective equipment, 1 inadequate suspension, 1 inadequate tires, 2 defective brake adjustment, 1 failure to provide proof of commercial inspection, and 1 operating intrastate commercial without registration.

After the review period the carrier had one accident resulting in injury.

The carrier is currently under an FMCSA out-of-service order and has a current Fatigued Driving BASIC of 90.3 (Monitor Status), a Driver Fitness BASIC in Monitor Status, a Controlled Substances and Alcohol BASIC in Monitor Status, a Vehicle Maintenance BASIC of 94.7 (Monitor Status), a MCSIP Step of 57 (targeted – Federal OOS), and an ISS inspection selection value of 100 (inspect).

The supplemental questionnaire has not been returned to date after being delivered by FedEx on October 6, 2011 and requested again via first class mail on November 21, 2011.

This is the carrier’s first full review.  The carrier had a preliminary review in June 2011 which resulted in a warning letter.

Documents for the record:

  1. MCMIS Safety Profile
  2. Safety Measurement System History
  3. Query Central Snapshot

Newport Transportation LLC – USDOT Number 1158543
RSR 28.45; No Action; Patrick/Alan - Unanimous
Newport Transportation LLC, of Newport, Maine is an interstate private property carrier of scrap metal and motor vehicles operating 2 power units and 2 CDL drivers.

During the review period (January 1, 2010 to December 31, 2010) the carrier had 33 violations (one serious) for a total of 88.70 points, including 1 aggravated gross weight (>19%), 1 operation with defective low air warning, 1 excess vehicle weight, 2 inadequate brakes, 2 unsafe semi trailer, 1 unsecured load, 1 defective frame, 3 inoperative lights, 1 defective brake hose, 4 inadequate defective equipment, 3 inadequate tires, 3 inadequate suspension, 1 operating over width, 1 operating over height, 1 failure to display flags/flares, 1 failure to provide evidence of insurance, 1 inadequate fire extinguisher, 1 operating intrastate commercial without registration, 1 failure to display name on truck/tractor, 1 failure to display fuel decal, and 2 failure to display DOT/MC number.  The carrier reported 311,794 Maine miles on the supplemental questionnaire resulting in an updated RSR of 28.45.

The carrier had one tow-away accident during the review period.

After the review period the carrier had 27 violations (none serious), including 2 defective steering, 2 inadequate brakes, 2 unsecured load, 4 defective brake hose, 8 inoperative lights, 1 inadequate defective equipment, 1 inadequate tires, 4 inadequate suspension, 1 failure to display flags/flares, 1 inadequate exhaust, and 1 failure to display fuel decal.

The carrier has a current Vehicle Maintenance BASIC of 96.3 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 56 (optional).

This is the carrier’s first full review.  The carrier had two previous preliminary reviews, one resulting in a warning letter.

Documents for the record:

  1. Motor Carrier Review Board Summary
  2. MCMIS Safety Profile
  3. Safety Measurement System History
  4. Query Central Snapshot

Raymond Erb and Kristin DesJardins appeared before the Board on behalf of the carrier to present testimony regarding the carrier’s violation history and the steps that have been taken to address past violations.  Mr. El stated that because of the nature of the company’s business 90% of the violations are on their trailers.  He stated that he has taken a number of steps to address the violations including using a new licensed inspector mechanic to perform maintenance; putting a spare trailer in operation that can be swapped with a trailer that needs maintenance; investing $100,000 in the complete overhaul of his trailer fleet; and initiating a process where tires that have been damaged at the loading yard can be swapped out before making the return trip.

Haskell & Sons Trucking LLC – USDOT Number 9203
RSR 22.69; No Action; Brian/David - Unanimous
Haskell & Sons Trucking LLC, of Palermo, Maine is an interstate for-hire carrier of general freight, garbage, refuse, trash, and construction equipment operating 9 power units and 9 CDL drivers.

During the review period (January 1, 2010 to December 31, 2010) the carrier had 20 violations (two serious) for a total of 63.40 points, including 1 aggravated gross weight (>19%), 1 illegal possession of alcohol/drugs in a commercial motor vehicle, 2 excess vehicle weight, 1 speeding in a commercial motor vehicle greater than 14 mph over limit, 6 inoperative lights, 2 defective brake hose, 1 inadequate defective equipment, 3 inadequate tires, 1 failure to display flags/flares, 1 failure to provide proof of commercial inspection, and 1 inadequate fire extinguisher.  The carrier’s reported Maine mileage is 279,436 miles (IFTA CH) resulting in an RSR of 22.69.

After the review period the carrier had 18 violations (one serious), including 1 operating without duty status log, 2 defective steering, 2 excess vehicle weight, 1 defective brake hose, 1 inoperative lights, 2 inadequate defective equipment, 1 defective coupling, 1 inadequate tires, 3 inadequate suspension, 1 failure to provide evidence of insurance, and 3 operating intrastate commercial without registration.

The carrier has a current Vehicle Maintenance BASIC of 88.1 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 53 (optional).

The supplemental questionnaire has not been returned to date after being delivered by FedEx on October 6, 2011 and requested again via first class mail on November 21, 2011.

This is the carrier’s first full review.  The carrier had a preliminary review in June 2011 which resulted in a warning letter.

Documents for the record:

  1. MCMIS Safety Profile
  2. Safety Measurement System History
  3. Query Central Snapshot

Jamie Haskell appeared before the Board on behalf of the carrier to present testimony regarding the carrier’s violation history and the steps that have been taken to address past violations.  Ms. Haskell stated that she observed one of her drivers in possession of drugs and she had actually called the trooper that made the stop which resulted in the ‘illegal possession of alcohol/drugs in a CMV’ violation.  She also testified that the company was leased on to another carrier and most of the violations her company incurred were on trailers owned by the other company.  She stated that in November the company stopped hauling out-of-state and now only operates exclusively intrastate with its own equipment which is well maintained.  The company has terminated problem drivers and there is a driver pre-trip process in place where issues are reported directly to Ms. Haskell or her father for resolution.

Follow Up of “B” Carriers (From October 4, 2011 Meeting):

Susan Cilley - USDOT Number 792776
RSR 395.60; Letter A; Russell/Brian – 5 to 2 In Favor
The warning letter and supplemental request was sent via FedEx on October 5, 2011 and delivered to the carrier on October 7, 2011.  A second request for information was sent by first class mail on November 21, 2011.  The supplemental questionnaire was received on December 2, 2011.  The carrier did not provide any Maine highway mileage.

There are no new violations to report.  The carrier has a current Vehicle Maintenance BASIC of 99.0 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 57 (optional).
 
Gateway Inn – USDOT Number 784469
RSR 94.48; Letter A; Brian/Russell – 6 to 1 In Favor
The warning letter and supplemental request was sent via FedEx on October 5, 2011 and delivered to the carrier on October 6, 2011.  A second request for information was sent by first class mail on November 21, 2011.  The supplemental questionnaire was received on November 28, 2011.  The carrier did not provide any Maine highway mileage.

There are three new violations to report since the last meeting (none serious), including 2 inadequate brakes and 1 failure to display name on truck/tractor.

The carrier currently has a Vehicle Maintenance BASIC of 88.3 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 53 (optional).

Stanley’s Septic Tank Service & Construction Co – USDOT Number 798583
RSR 75.53; Letter A; Russell/Brian – 5 to 2 Against;
Letter B; Russell/Alan – 5 to 2 Against;
No Further Action; Patrick/David – 5 to 2 In Favor
The warning letter and supplemental request was sent via FedEx on October 5, 2011 and delivered to the carrier on October 7, 2011.  A second request for information was sent by first class mail on November 21, 2011.  The supplemental questionnaire has not been received to date.

There are no new violations to report.  The carrier has a current Vehicle Maintenance BASIC of 97.2 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 56 (optional).

Emery Lee & Sons Inc – USDOT Number 671994
RSR 42.88; No Further Action; Patrick/Bruce - Unanimous
The warning letter and supplemental request was sent via FedEx on October 5, 2011 and delivered to the carrier on October 6, 2011.  The supplemental questionnaire was received on November 21, 2011.  The carrier reported 475,262 Maine miles on the supplemental questionnaire resulting in an updated RSR of 42.88.

There are four new violations (none serious) to report, including 1 excess vehicle weight, 1 inoperative lights, 1 inadequate tires, and 1 inadequate suspension.

The carrier currently has a Vehicle Maintenance BASIC of 95.6 (Monitor Status), a Crash Indicator BASIC of 77.4 (Monitor Status), a MCSIP Step of 22 (targeted), and an ISS inspection selection value of 87 (inspect).

Ridge Road Express Inc – USDOT 1475241
RSR 49.32; Letter A; Patrick/Brian - Unanimous
The warning letter and supplemental request was sent via FedEx on October 5, 2011 and delivered to the carrier on October 7, 2011.  A second request for information was sent by first class mail on November 21, 2011.  The supplemental questionnaire has not been received to date.

There are seven new violations to report since the last meeting (none serious), including 3 inoperative lights, 2 inadequate defective equipment, and 2 expired inspection.

The carrier currently has a Unsafe Driving BASIC of 82.4 (Monitor Status), a Fatigued Driving BASIC of 98.4 (Monitor Status), a Driver Fitness BASIC in Monitor Status, a Vehicle Maintenance BASIC of 68.3, a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 99 (inspect).

Thornton Construction Inc – USDOT 791398
RSR 26.53; No Further Action; Russell/Bruce - Unanimous
The warning letter and supplemental request was sent via FedEx on October 5, 2011 and delivered to the carrier on October 6, 2011.  A second request for information was sent by first class mail on November 21, 2011.  The supplemental questionnaire was received on December 5, 2011.  There are no changes to the mileage and RSR originally reported.

There are two new accidents and no violations to report since the last meeting.

The carrier has a current Vehicle Maintenance BASIC of 90.1 (Monitor Status), a Crash Indicator BASIC of 87.2 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 95 (inspect).

Linkletter Trucking Inc – USDOT 673530
RSR 13.17; Letter A; Bruce/Russell - Unanimous
The warning letter and supplemental request was sent via FedEx on October 5, 2011 and delivered to the carrier on October 6, 2011.  The supplemental questionnaire was received on October 19, 2011.  The carrier reported 1,591,854 Maine miles on the supplemental questionnaire resulting in an updated RSR of 13.17.

There are 11 new violations (none serious) to report since the last meeting, including 1 defective steering, 1 excess vehicle weight, 4 defective brake hose, 2 inoperative lights, 2 inadequate defective equipment, and 1 operating intrastate commercial without registration.

The carrier currently has an Unsafe Driving BASIC of 48.8, a Vehicle Maintenance BASIC of 95.3 (Monitor Status), a Crash Indicator BASIC of 92.10 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 97 (inspect).

Top Twenty Carriers (review period 07/01/2009 to 06/30/2010):

1. Little Rock Trucking LTD – USDOT Number 287929

RSR 914.62; Letter B; Brian/Bruce - Unanimous
Little Rock Trucking LTD, of Woodstock, New Brunswick is an interstate private property carrier of logs, poles, beams, and lumber operating 1 power unit and an unknown number of CDL drivers.

During the review period the carrier had 42 violations (none serious) for a total of 118.90 points, including 3 defective steering, 2 excess vehicle weight, 4 inadequate brakes, 3 unsecured load, 4 defective brake hose, 1 inoperative lights, 4 inadequate defective equipment, 1 defective coupling, 4 inadequate tires, 7 defective brake adjustment, 2 inadequate suspension, 2 failure to flag extended load, 1 inadequate fire extinguisher, 2 evasion of registration fees/taxes, 1 inadequate exhaust, and 1 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 12,895 miles (IFTA CH) resulting in an RSR of 914.62.

There are four violations to report after the review period (none serious), including 1 defective steering, 1 failure to flag extended load, 1 defective frame accessories, and 1 failure to update MCS-150.

The carrier has a current Vehicle Maintenance BASIC of 95.8 (Monitor Status), a Cargo-Related BASIC of 98.3 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 89 (inspect).  This is the carrier’s first preliminary review.

2. Lucia Specialized Hauling Inc – USDOT Number 259909

RSR 528.33; No Action; Brian/Bruce - Unanimous
Lucia Specialized Hauling Inc, of Schenectady, New York is an interstate for-hire carrier of machinery and large objects operating 18 power units and 9 CDL drivers.

During the review period the carrier had 12 violations (none serious) for a total of 31.70 points, including 1 inadequate brakes, 1 defective brake hose, 7 inadequate tires, 2 inadequate suspension, and 1 expired inspection.  The carrier’s reported Maine mileage is 5,692 miles (IFTA CH) resulting in an RSR of 528.33.

There are no violations to report after the review period.

The carrier has a current Vehicle Maintenance BASIC of 79.0, a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 48 (pass).  This is the carrier’s first preliminary review.

3. Scramco Transportation Inc/Sherman Cram – USDOT Number 672998

RSR 490.67; No Action; Alan/Brian - Unanimous
Scramco Transportation Inc, of Liberty, Maine is an interstate for-hire carrier of general freight, logs, poles, beams, lumber, machinery, and rocks operating 5 power units and 3 CDL drivers.

During the review period the carrier had 27 violations (none serious) for a total of 73.60 points, including 1 defective steering, 1 speeding in a commercial motor vehicle greater than 14 mph over limit, 2 inadequate brakes, 1 unsecured load, 4 defective brake hose, 1 inoperative lights, 7 inadequate defective equipment, 3 inadequate tires, 1 defective brake adjustment, 2 inadequate suspension, 1 inadequate fire extinguisher, 1 expired inspection, and 2 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 14,937 miles (IFTA CH) resulting in an RSR of 490.67.

There are no violations to report after the review period.

The carrier has a current Unsafe Driving BASIC of 57.5, a Fatigued Driving BASIC of 97.5 (Monitor Status), a Vehicle Maintenance BASIC of 83.9 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 97 (inspect).  This is the carrier’s first preliminary review.

4. 3051308 Nova Scotia LTD – USDOT Number 1064095

RSR 156.06; No Action; Patrick/Bruce - Unanimous
3051308 Nova Scotia LTD, dba Gerhardt Property Improvement, of Lunenburg, Nova Scotia is an interstate for-hire carrier of general freight, Christmas trees, and fish operating 6 power units and 1 driver.

During the review period the carrier had 18 violations (one serious) for a total of 51.50 points, including 1 no brake pressure, 3 inadequate brakes, 3 defective brake hose, 1 inoperative lights, 5 inadequate defective equipment, 2 defective brake adjustment, 1 inadequate suspension, 1 evasion of registration fees/taxes, and 1 failure to display DOT/MC number.  The carrier’s reported Maine mileage is 32,902 miles (IFTA CH) resulting in an RSR of 156.06.

There are no violations to report after the review period.

The carrier has a current Vehicle Maintenance BASIC of 91.5 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 54 (optional).  This is the carrier’s first preliminary review.

5. Re-Harvest Inc – USDOT Number 1427759

RSR 109.44; No Action; Bruce/Alan - Unanimous
Re-Harvest Inc, of Portland, Maine is an interstate private property carrier of garbage, refuse, trash, and recycle materials operating 3 power units and 3 CDL drivers.

During the review period the carrier had 27 violations (none serious) for a total of 77.70 points, including 1 defective steering, 3 inadequate brakes, 3 unsafe semi trailer, 2 inoperative lights, 5 defective brake hose, 1 defective frame, 6 inadequate defective equipment, 1 defective coupling, 2 inadequate suspension, 1 failure to provide proof of commercial inspection, 1 expired inspection, and 1 failure to display DOT/MC number.  The carrier’s reported Maine mileage is 71,105 miles (IFTA CH & FUID) resulting in an RSR of 109.44.

There are no violations to report after the review period.

The carrier has a current Vehicle Maintenance BASIC of 87.1 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 52 (optional).  This is the carrier’s second preliminary review.  The carrier had a full review in December 2010 resulting in a ‘No Further Action’ finding.

6. Glen A Lea Inc – USDOT Number 19203

RSR 90.42; No Action; Patrick/Brian - Unanimous
Glen A Lea Inc, of Kinkova, Prince Edward Island is an interstate for-hire carrier of fresh produce operating 2 power units and 2 CDL drivers.

During the review period the carrier had 23 violations (none serious) for a total of 64.20 points, including 2 inadequate brakes, 2 defective brake hose, 7 inoperative lights, 7 inadequate defective equipment, 1 inadequate tires, 3 inadequate suspension, and 1 inadequate exhaust.  The carrier’s reported Maine mileage is 71,338 miles (IFTA CH) resulting in an RSR of 90.42.

There are no violations to report after the review period.

The carrier has a current Fatigued Driving BASIC of 22.5, a Vehicle Maintenance BASIC of 83.4 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 58 (optional).  This is the carrier’s first preliminary review.

7. Responsive Trucking Inc – USDOT Number 257527

RSR 90.18; No Action; Alan/Patrick – 6 to 1 In Favor
Responsive Trucking Inc, of Agawam, Massachusetts is an interstate for-hire carrier of general freight, intermodal containers, dry bulk commodities, and paper products operating 40 power units and 37 CDL drivers.

During the review period the carrier had 51 violations (none serious) for a total of 150.60 points, including 1 log not current, 3 defective steering, 3 inadequate brakes, 16 defective brake hose, 10 inoperative lights, 1 defective coupling, 13 inadequate defective equipment, 1 inadequate suspension, 1 operating without authority license, and 2 evasion of registration fees/taxes.  The carrier’s reported Maine mileage is 167,104 miles (IFTA CH) resulting in an RSR of 90.18.

There are eight violations (none serious) to report after the review period, including 1 defective steering, 1 unsecured load, 1 inadequate brakes, 2 inadequate defective equipment, 1 inadequate tires, 1 inadequate suspension, and 1 operating intrastate commercial without registration.

The carrier has a current Unsafe Driving BASIC of 62.6, a Fatigued Driving BASIC of 57.0, a Vehicle Maintenance BASIC of 92.0 (Monitor Status), and a Crash Indicator BASIC of 24.5.  The carrier has a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 64 (optional).  This is the carrier’s second preliminary review.  The carrier was issued a warning letter in September 2004.

8. William F Ziobron – USDOT Number 564163

RSR 76.45; No Action; Patrick/Brian – 6 to 1 In Favor
William F Ziobron, of Plymouth, Maine is an interstate exempt for-hire carrier of fresh produce operating 1 power unit and 1 CDL driver.

During the review period the carrier had 8 violations (none serious) for a total of 23.70 points, including 1 excess vehicle weight, 3 inoperative lights, 2 inadequate defective equipment, and 2 inadequate tires.  The carrier’s reported Maine mileage is 31,301 miles (IFTA CH) resulting in an RSR of 76.45.

There are no violations to report after the review period.

The carrier has a current Fatigued Driving BASIC of 95.7 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 80 (inspect).  This is the carrier’s first preliminary review.

9. Weldon L Willette – USDOT Number 795851

RSR 50.27; No Action; Brian/Bruce – 6 to 1 In Favor
Weldon L Willette, dba Just Because Express, of Hodgdon, Maine is an interstate for-hire carrier of general freight, logs, poles, beams, and lumber operating 1 power unit and 1 CDL driver.

During the review period the carrier had 14 violations (none serious) for a total of 36.70 points, including 2 excess vehicle weight, 2 inoperative lights, 1 inadequate defective equipment, 5 inadequate tires, 1 defective brake adjustment, 1 speeding in a commercial motor vehicle 0-14 mph over limit, 1 inadequate exhaust, and 1 operating without ID device.  The carrier’s reported Maine mileage is 72,935 miles (IFTA CH) resulting in an RSR of 50.27.

There are no violations to report after the review period.

The carrier has no current operating authority with FMCSA.  The carrier currently has a Controlled Substances and Alcohol BASIC and Vehicle Maintenance BASIC in Monitor Status, a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 89 (inspect).  This is the carrier’s second preliminary review.  The first preliminary review resulted in a ‘no further action’ finding in March 2011.

10. T W Clark LTD – USDOT Number 404848

RSR 40.63; Letter B; Brian/Bruce - Unanimous
T W Clark LTD, dba Clark Pulp & Logging, of Newport, Maine is an intrastate hazmat            exempt for-hire/private property carrier of general freight, logs, machinery, construction equipment/materials, and Class 9 non-bulk hazardous material operating 6 power units and 6 CDL drivers.

During the review period the carrier had 21 violations (none serious) for a total of 58.50 points, including 1 defective steering, 2 unsafe semi trailer, 4 defective brake hose, 2 defective frame, 2 inoperative lights, 3 inadequate defective equipment, 3 inadequate tires, 2 inadequate suspension, 1 inadequate fire extinguisher, and 1 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 144,306 miles (FUID) resulting in an RSR of 40.63.

After the review period the carrier had 12 violations (none serious), including 1 defective steering, 1 excess vehicle weight, 1 defective brake hose, 1 inoperative lights, 2 inadequate defective equipment, 1 inadequate tires, 1 defective brake adjustment, 3 inadequate suspension, and 1 inadequate fire extinguisher.

The carrier has a current Vehicle Maintenance BASIC of 92.0 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 58 (optional).  This is the carrier’s first preliminary review.

11. New England Transportation Inc – USDOT Number 138524

RSR 40.38; No Action; Patrick/Bruce – 6 to 0 In Favor, 1 Abstention
New England Transportation Inc, of Houlton, Maine is an interstate for-hire carrier of general freight, household goods, logs, building materials, fresh produce, grain, feed, dry bulk commodities, refrigerated food, beverages, paper products, and farm supplies operating 4 power units and 9 CDL drivers.

During the review period the carrier had 25 violations (two serious) for a total of 85.60 points, including 1 aggravated gross weight (>19%), 1 operation with defective fuel system, 2 defective steering, 1 excess vehicle weight, 4 inadequate brakes, 5 defective brake hose, 9 inoperative lights, and 2 defective brake adjustment.  The carrier’s reported Maine mileage is 211,538 miles (IFTA CH) resulting in an RSR of 40.38.

There is one violation to report after the review period, operating without ID device.

The carrier has a current Unsafe Driving BASIC of 77.4 (Monitor Status), a Fatigued Driving BASIC of 75.3 (Monitor Status), a Vehicle Maintenance BASIC of 81.3 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 91 (inspect).  This is the carrier’s first preliminary review.

12. Fieldings Oil Co Inc – USDOT Number 745326

RSR 30.35; Letter B; Patrick/Brian - Unanimous
Fieldings Oil Co Inc, of Scarborough, Maine is an interstate private property carrier of liquids/gases and bulk Div 2.1 LPG, bulk Class 3, and bulk Com LIQ hazardous materials operating 24 power units and 18 CDL drivers. 

During the review period the carrier had 24 violations (five serious) for a total of 87.70 points, including 2 no test dates, 1 no shipping paper, 2 inadequate placarding, 1 inadequate bulk/non-bulk package marking, 1 unsafe commercial motor vehicle, 1 operating beyond road restrictions, 2 inadequate brakes, 2 inoperative lights, 1 defective brake hose, 5 inadequate defective equipment, 4 defective brake adjustment, 1 inadequate suspension, and 1 expired inspection.  The carrier’s reported Maine mileage is 289,230 miles (FUID) resulting in an RSR of 30.35.

During the review period the carrier had two accidents, one resulting in injury.

There are two violations to report (one serious) after the review period, including 1 no test dates and 1 no copy of hazmat registration number.

After the review period the carrier had one accident resulting in injury.

The carrier has a current Vehicle Maintenance BASIC of 44.3, a Crash Indicator BASIC of 85.6 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 70 (optional).  This is the carrier’s first preliminary review.

13. Gregory and Robert Ornellas – USDOT Number 796948

RSR 26.02; No Action; Brian/Patrick - Unanimous
Gregory and Robert Ornellas, dba Poor Boy Trucking, of North Berwick, Maine is an interstate for-hire carrier of gravel hot top operating 5 power units and 5 CDL drivers.

During the review period the carrier had 10 violations (two serious) for a total of 33.30 points, including 1 no test dates, 1 operation with defective fuel system, 1 defective steering, 1 inoperative lights, 1 inadequate tires, 2 defective brake adjustment, 1 inadequate suspension, 1 operating without medical certificate, and 1 inadequate exhaust.  The carrier’s reported Maine mileage is 128,063 miles (IFTA CH) resulting in an RSR of 26.02.

There are no violations to report after the review period.

The carrier has a current Vehicle Maintenance BASIC of 93.3, a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 55 (optional).  This is the carrier’s first preliminary review.

14. T Buck Construction Inc – USDOT Number 505034

RSR 25.25; No Action; Brian/Alan – 5 to 0 In Favor, 1 Abstention, 1 Not Present for Vote
T Buck Construction Inc, of Auburn, Maine is an interstate private property carrier of general freight, metal sheets, coils, and rolls, logs, building materials, machinery, and construction equipment operating 5 power units and 2 CDL drivers.

During the review period the carrier had 9 violations (two serious) for a total of 30.30 points, including 2 aggravated gross weight, 1 excess vehicle weight, 1 unsecured load, 1 inoperative lights, 1 failure to provide evidence of insurance, 1 failure to provide proof of commercial inspection, 1 inadequate fire extinguisher, and 1 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 119,657 miles (IFTA CH) resulting in an RSR of 25.25.

After the review period the carrier had four violations (none serious), including 3 inadequate brakes, and 1 operating intrastate commercial without registration.

The carrier has a current Unsafe Driving BASIC of 76.6 (Monitor Status), a MCSIP Step of 0 (not targeted) and an ISS inspection selection value of 66 (optional).  This is the carrier’s first preliminary review.

15. S & S Trucking Inc – USDOT Number 284488

RSR 24.79; No Action; Brian/David - Unanimous
S & S Trucking Inc, of Mars Hill, Maine is an interstate for-hire carrier of general freight, household goods, metal, logs, poles, beams, lumber, building materials, fresh produce, meat, dry bulk commodities, refrigerated food, beverages, and paper products operating 3 power units and 5 CDL drivers.

During the review period the carrier had 18 violations (one serious) for a total of 53.80 points, including 1 no brake pressure, 1 defective steering, 2 inadequate brakes, 1 unsecured load, 1 defective brake hose, 6 inadequate defective equipment, 2 inadequate tires, 1 defective brake adjustment, 2 inadequate suspension, and 1 inadequate exhaust.  The carrier’s reported Maine mileage is 216,749 miles (IFTA CH) resulting in an RSR of 24.79.

After the review period the carrier had 4 violations (none serious), including 1 inadequate defective equipment, 1 inadequate tires, and 2 inadequate suspension.

The carrier has a current Fatigued Driving BASIC of 42.2, a Driver Fitness BASIC in Monitor Status, a Vehicle Maintenance BASIC of 43.9, a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 63 (optional).  This is the carrier’s first preliminary review.

16. Prince Freight Lines Inc – USDOT 602562

RSR 21.41; No Action; Patrick/Brian - Unanimous
Prince Freight Lines Inc, of Wellington, Prince Edward Island is an interstate for-hire carrier of general freight, building materials, fresh produce, grain, meat, dry bulk commodities, refrigerated foods, beverages, paper products, and farm supplies operating 27 power units and 27 CDL drivers.

During the review period the carrier had 15 violations (none serious) for a total of 40.90 points, including 1 inadequate brakes, 2 unsecured load, 1 inoperative lights, 1 defective frame, 3 defective brake hose, 3 inadequate defective equipment, 1 defective brake adjustment, 1 inadequate suspension, 1 operating without authority license, and 1 inadequate exhaust.  The carrier’s reported Maine mileage is 190,828 miles (IFTA CH) resulting in an RSR of 21.41.

There are five violations (none serious) to report after the review period, including 1 inadequate brakes, 2 defective brake hose, 1 inadequate fire extinguisher, and 1 inadequate exhaust.

The carrier has a current Fatigued Driving BASIC of 69.0 (Monitor Status), a Vehicle Maintenance BASIC of 33.4, a MCSIP Step of 0 (not targeted), and an ISS inspection value of 81 (inspect).  This is the carrier’s first preliminary review.

17. J & R Transportation LLC – USDOT Number 1191420

RSR 20.58; No Action; Alan/Bruce - Unanimous
J & R Transportation LLC, of Jay, Maine is an interstate for-hire carrier of general freight, fresh produce, refrigerated food, and eggs operating 5 power units and 5 CDL drivers.

During the review period the carrier had 11 violations (one serious) for a total of 35.20 points, including 1 no brake pressure, 1 operation with defective low air warning, 1 speeding in a commercial motor vehicle greater than 14 mph over limit, 1 defective brake hose, 3 inoperative lights, 2 inadequate defective equipment, 1operating without medical certificate, and 1 speeding in a commercial motor vehicle 0-14 mph over limit.  The carrier’s reported Maine mileage is 171,074 miles (IFTA CH) resulting in an RSR of 20.58.

There are no violations to report after the review period.

The carrier has a current Unsafe Driving BASIC of 84.5 (Monitor Status), a Fatigued Driving BASIC of 75.7 (Monitor Status), a Vehicle Maintenance BASIC of 96.3 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 92 (inspect).  This is the carrier’s first preliminary review.

18. Hanscom Construction Inc – USDOT Number 317695

RSR 20.35; Letter B; Patrick/David - Unanimous
Hanscom Construction Inc, of Marshfield, Maine is an intrastate hazmat for-hire carrier of logs, poles, beams, lumber, machinery, fresh produce, construction equipment, and bulk Class 3 hazardous material operating 26 power units and 15 CDL drivers.

During the review period the carrier had 26 violations (none serious) for a total of 76.30 points, including 2 defective steering, 1 excess vehicle weight, 1 inoperative breakaway device, 2 unsecured load, 1 defective brake hose, 8 inoperative lights, 3 inadequate defective equipment, 4 inadequate tires, 2 inadequate suspension, 1 failure to flag extended load, and 1 expired inspection.  The carrier’s reported Maine mileage is 374,689 miles (FUID) resulting in an RSR of 20.35

During the review period the carrier had four accidents.

After the review period the carrier had 12 violations (none serious), including 3 inadequate brakes, 2 unsecured load, 3 inoperative lights, 1 inadequate defective equipment, 1 defective brake adjustment, 1 inadequate suspension, and 1 failure to display name on truck/tractor.

The carrier has a current Vehicle Maintenance BASIC of 66.4, a Cargo-Related BASIC of 93.3 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 62 (optional).  This is the carrier’s first preliminary review.

19. Fabian Oil Inc – USDOT Number 745293

RSR 17.64; No Action; Patrick/Bruce – 3 to 1 In Favor, 3 Abstentions
Fabian Oil Inc, of Oakland, Maine is an intrastate hazmat private property carrier of liquids/gases and bulk/non-bulk Div. 2.1 LPG, bulk Class 3, and bulk COM LIQ hazardous materials operating 17 power units and 13 CDL drivers.

During the review period the carrier had 14 violations (three serious) for a total of 52.20 points, including 1 inadequate load securement, 1 inadequate placarding, 1 inadequate cargo tank marking, 4 inadequate shipping papers, 1 inoperative lights, 1 inadequate tires, 2 defective brake adjustment, 1 inadequate suspension, 1 failure to display flags/flares, and 1 inadequate fire extinguisher.  The carrier’s reported Maine mileage is 295,735 miles (FUID) resulting in an RSR of 17.64.

The carrier had four accidents during the review period.

After the review period the carrier had 3 violations (one serious), including 1 inadequate load securement, 1 inadequate tires, and 1 failure to display DOT/MC number.

The carrier has a current Vehicle Maintenance BASIC of 18.9, a Cargo-Related BASIC of 94.1 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 59 (optional).  This is the carrier’s first preliminary review.

20. Dead River Company – USDOT Number 164906

RSR 8.55; No Action; Brian/Patrick – 4 to 1 In Favor, 2 Abstentions
Dead River Company, of Bangor, Maine is an interstate private property carrier of liquids/gases and bulk DIV 2.1, bulk/non-bulk DIV 2.1 LPG, bulk Class 3, and bulk/non-bulk COM LIQ hazardous materials operating 338 power units and 158 CDL drivers.

During the review period the carrier had 47 violations (11 serious) for a total of 193.40 points, including 1 inadequate load securement, 1 no test dates, 4 no emergency response information, 2 no shipping paper, 2 inadequate cargo tank marking, 1 no brake pressure, 1 inadequate bulk/non-bulk package marking, 1 unsafe commercial motor vehicle, 9 inadequate shipping papers, 1 operation with defective low air warning, 3 defective steering, 1 causing operation of motor vehicle in violation of hazmat rules, 1 operating beyond road restrictions, 1 inadequate brakes, 4 inoperative lights, 1 defective brake hose, 5 inadequate defective equipment, 1 inadequate tires, 4 defective brake adjustment, 1 inadequate fire extinguisher, 1 inadequate exhaust, and 1 failure to display fuel decal.  The carrier’s reported Maine mileage is 2,261,125 miles (IFTA CH & FUID) resulting in an RSR of 8.55.

The carrier had one tow-away accident during the review period.

After the review period the carrier had 14 violations (four serious), including 1 no emergency response information, 1 no placarding or wrong class, 1 no shipping paper, 1 inadequate cargo tank marking, 2 inadequate shipping papers, 1 operation with defective low air warning, 3 inadequate brakes, 2 inoperative lights, 1 inadequate suspension, and 1 expired inspection.

The carrier has a current Unsafe Driving BASIC of 3.3, a Vehicle Maintenance BASIC of 16.9, a Cargo-Related BASIC of 92.2 (Monitor Status), and a Crash Indicator BASIC of 3.3.  The carrier has a MCSIP Step of 0 (not targeted) and an ISS inspection selection value of 59 (optional).  This is the carrier’s first preliminary review.

Old Business:

Update on McGary Forestry:

McGary Forestry (USDOT 1703211) – Garry told the Board that Mr. McGary had been in contact with the Secretary of State’s Office because his current business required he move from off-road to highway operation again.  The Secretary of State ordered the carrier restored after the carrier submitted the supplemental questionnaire and paid a $50.00 reinstatement fee.

Review and Discuss Proposed Changes to MCRB rule chapters:

The Board discussed whether driver violations should be included in the violation history and scored in the calculation of the Relative Severity Rating (RSR) used to determine the motor carriers selected for a preliminary review.  The Board reviewed sample Motor Carrier Review Board Summaries that included driver violations.

A motion was made to prepare a new draft of the Motor Carrier Review Board rules which included driver violations in the preliminary review selection process. The rules draft is to be presented to the Board at the next meeting for a possible adoption vote.
Russell/David - Unanimous

New Business:

Jay Martin, Small Business Advocate from the Secretary of State’s Office introduced himself to the Board and gave a brief presentation of his background and responsibilities as the Secretary of State’s Small Business Advocate.  He stated that he had three main functions: direct advocacy on behalf of a small business owner when regulatory action may be impeding business; serving as a member of the Regulatory Fairness Board; and providing comment on proposed rules and testifying on legislation issues that directly impact small business.

Next Meeting Date:

The next meeting is March 6, 2012

A motion was made to adjourn the meeting at 11:45. Pat/Brian - Unanimous



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