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Motor Carrier Review Board
December 7, 2012

Board Members Present:

The following Board members were present: Mark Hutchins, Chair; Alan Quinlan; Brian Parke; Bruce Gray; David Littlefield 


BMV Staff Present:

Garry Hinkley, Francis Fox, Devon Dobbins, and Angela Giuffrida


Guests:

Lt. Shawn Currie, Maine State Police Commercial Enforcement Unit; Alan Vitcavage, State Programs Manager USDOT/FMCSA

 


The Motor Carrier Review Board met on December 12, 2012.  The meeting was called to order at 8:13 AM. Mark Hutchins read the opening statement. Minutes of the September 21, 2012 Board meeting were approved. Brian/David – Unanimous

Announcements:

Garry made the following annoucements:

  • Matthew Dunlap will be the new Secretary of State effective January 1, 2013.
  • Greg Im left the Attorney General’s Office and no replacement has been named yet to provide legal counsel for the Board.
  • Maine has completed all requirements to become CVISN Level I compliant.
  • Maine has contracted with Explore Information Services LLC for an online IFTA processing system to be functional on or before July, 2014.

Correspondence:

The Board had three letters for review:

  • A letter addressed to the Board, dated October 3, 2012, from Ellen McLaughlin, Corporate Clerk for Gateway Inn.
  • A letter addressed to Gateway Inn, dated October 11, 2012, from Secretary of State Charles E. Summers, Jr. deferring action on the Board’s September 21, 2012 suspension recommendation until December 7, 2012.
  • A letter addressed to the Board, dated December 5, 2012, from Ellen McLaughlin, Corporate Clerk for Gateway Inn.

The Board took the correspondence under consideration during the review of the carrier.

Review of “A” Carriers:

Gateway Inn – USDOT Number 784469
RSR 120.69; Continuance until the March 19, 2013 Board meeting with a request for a formal safety plan to be submitted two weeks prior to the meeting and a strong recommendation that the carrier attend the next meeting; Brian/Bruce - Unanimous

Gateway Inn, of Medway, Maine is an inactive interstate private property carrier of biomass operating 7 power units and 7 (3 CDL) drivers.

During the review period (April 1, 2010 to March 31, 2011) the carrier had 29 violations (three serious) for a total of 105.00 points, including 1 speeding 15 or more miles per hour over limit, 1 tire-other tread depth less than 2/32 of inch, 1 speeding 11-14 miles per hour over the speed limit, 1 inoperative tail lamp, 1 excess vehicle weight, 1 brake-reserve system pressure loss, 3 insufficient brake linings, 1 brakes (general), 1 inoperative/defective brakes, 3 operating a commercial motor vehicle without periodic inspection, 1 wedge type brake(s) out of adjustment, 1 clamp/roto-chamber type brake(s) out of adjustment, 1 operating over height, 1 fifth wheel, 1 improper battery installation, 1 inoperative required lamps, 1 frame cracked/loose/sagging/broken, 3 inspection/repair and maintenance parts and accessories, 1 failure to provide evidence of insurance, 1 operating beyond over limit permit, 1 operating intrastate commercial without registration, 1 failure to display fuel decal, and 1 windshield wipers inoperative/defective.  The carrier’s reported Maine mileage is 87,341 miles (FUID) resulting in an RSR of 120.69.

During the review period the carrier had one tow-away injury accident.

After the review period the carrier had 16 violations (four serious), including 1 loose/unfastened tiedown, 1 failing to secure vehicle equipment, 2 failing to meet minimum tiedown requirements, 1 inoperative head lamps, 1 steering system components worn/welded/missing, 1 failing to secure brake hose/tubing against mechanical damage, 1 inoperative/defective brakes, 1 failure to correct defects noted on inspection report, 1 operating over posted weight, 1 inspection/repair and maintenance parts and accessories, 1 operating intrastate commercial without registration, 1 failure to display fuel decal, 1 failure to display name on truck/tractor, and 2 operation without ID device.

The carrier is not rated in the Safety Measurement System due to the inactive USDOT Number.  The carrier has a MCSIP Step of 0 (not targeted) and an ISS inspection selection value of 50 (optional).

McLaughlin’s Timber Trucking Inc, a related company due to common ownership, has 28 violations ( three serious) since July 2012, including 1 tire-ply or belt material exposed, 1 damaged securement system/tiedowns, 1 axle positioning parts defective/missing, 1 inoperative turn signal, 3 excess vehicle weight, 1 brakes out-of-service, 1 inadequate brakes for safe stopping, 2 inoperative or defective brakes, 2 clamp/roto-chamber type brake(s) out of adjustment, 1 no or defective brake warning device, 1 brake tubing and hose inadequacy, 3 failing to secure brake hose/tubing against mechanical damage, 1 automatic airbrake adjustment system that fails to compensate for wear, 1 defective/improper fifth wheel assemblies, 1 unsafe operations forbidden, 4 inspection/repair and maintenance parts and accessories, 1 failure to display fuel decal, and 2 failure to display name/USDOT number on truck/tractor.

McLaughlin’s Timber Trucking Inc is not rated in the Safety Measurement System and has a MCSIP Step of 0 (not targeted) and an ISS inspection selection value of 1 (pass).

This is a continuation of the full hearing held on March 6, 2012 and continued to the June 19, 2012 and September 21, 2012 meetings.  At the conclusion of the September 21, 2012 meeting, the Board voted to recommend to the Secretary of State that Gateway Inn’s privilege to operate commercial motor vehicles in the State of Maine be suspended indefinitely until such time as Gateway Inn submits a safety plan to the Board, and appears before the Board to answer questions regarding the policies and procedures company management has put in place to address the operating and safety issues of concern to the Board.  The Board also recommended that the suspension apply to all related entities which would include McLaughlin’s Timber Trucking Inc.

Notice of the Board’s decision along with a written copy of the Board’s approved ‘Recommended Decision’ document was sent to the carrier via FedEx on September 28, 2012.  Receipt was acknowledged on October 2, 2012.  On October 10, 2012, the Board received a letter from Ellen McLaughlin dated October 3, 2012.  The letter contained a copy of a letter sent to the Secretary of State requesting a stay of suspension until the Board’s next meeting on December 7, 2012.  In response, the Secretary of State sent a letter to Ms. McLaughlin granting the requested stay of suspension until after the Board’s December 7th meeting.  In the letter, the Secretary of State strongly recommended that the carrier have a representative at the December 7th meeting and submit a safety plan to the Board by November 21, 2012.  A phone call was placed to Ms. McLaughlin on November 26, 2012 to inquire about the safety plan.  Ms. McLaughlin stated she thought the plan was due on December 7th and said she must have read the letter wrong.  She was asked if she needed a copy of the letter and she said no.  She was given a contact name and telephone number to call if she had questions.  On December 5, the Board received a letter from Ms. McLaughlin which questioned whether Gateway should attend the December 7th meeting.  A call was placed to the carrier to affirm that someone representing the company should be at the meeting regardless of whether the carrier’s safety plan was completed.  The carrier’s safety plan has not been received to date.

Documents for the record:

  1. Motor Carrier Review Board Summary
  2. MCMIS Safety Profile
  3. Safety Measurement System History
  4. Query Central Snapshot
  5. Recommended Decision Document
  6. Letter from Ellen McLaughlin to MCRB, dated October 3, 2012
  7. Letter from Secretary of State, Charles E. Summers, Jr. to Ellen McLaughlin, dated October 11, 2012
  8. Letter from Ellen McLaughlin, dated December 5, 2012

Ellen McLaughlin appeared before the Board to present testimony and answer questions posed by the Board on behalf of Gateway Inn.  She talked about some of the changes the carrier has made to address safety.  The carrier now has two full-time employees in the garage doing maintenance work.  Ms. McLaughlin also stated that operations have been downsized; Gateway Inn has been dissolved and only McLaughlin’s Timber Trucking Inc. is currently operating.  Both equipment and drivers have been downsized.  Ms. McLaughlin is in the process of obtaining assistance from MMTA in completing the requested safety plan.  The carrier has a progressive disciplinary plan and recently terminated a driver after a recent inspection with numerous violations.


Ridge Road Express Inc – USDOT Number 1475241

RSR 80.95; No Further Action; Brian/Bruce - Unanimous
Ridge Road Express Inc, of Houlton, Maine is an interstate for-hire carrier of general freight and fresh produce operating 3 power units and 4 CDL drivers.

During the review period (April 1, 2010 to March 31, 2011) the carrier had 31 violations (five serious) for a total of 119.00 points, including 4 tire-other tread depth less than 2/32 of inch, 1 speeding 11-14 miles per hour over the speed limit, 1 driver’s record of duty status not current, 1 excess vehicle weight, 2 inadequate brakes for safe stopping, 1 insufficient brake linings, 4 failing to secure brake hose/tubing against mechanical damage, 1 failing to correct defects noted on inspection report, 2 clamp/roto-chamber type brake(s) out of adjustment, 3 operating a commercial motor vehicle without periodic inspection, 2 oil and/or grease leak, 4 inspection/repair and maintenance parts and accessories, 1 failure to comply with UCR, 1 operating intrastate commercial without registration, 1 failure to display fuel decal, 1 expired medical examiner’s certificate, and 1 failure to comply with IRP.  The carrier’s reported Maine mileage is 146,935 miles (IFTA CH) resulting in an RSR of 80.95.

After the review period the carrier had 51 violations (ten serious), including 3 tire-other tread depth less than 2/32 of inch, 2 requiring or permitting driver to drive more than 11 hours, 3 requiring or permitting driver to drive after 14 hours on duty, 1 false report of driver’s record of duty status, 1 failure to prevent cargo shifting, 1 steering components worn/welded/missing, 3 stop lamp violations, 1 lamp not steady burning, 1 inoperative head lamp, 1 inoperative tail lamp, 2 driver’s record of duty status not current, 1 clamp/roto-chamber type brake(s) out of adjustment, 4 operating a commercial motor vehicle without periodic inspection, 2 inoperative/defective brakes, 1 insufficient brake linings, 1 failing to secure brake hose/tubing against mechanical damage, 1 ABS-malfunctioning lamps towed commercial motor vehicle, 1 ABS-malfunctioning circuit/signal, 1 excess vehicle weight, 1 horn inoperative,  1 no side retro reflective sheeting or reflex reflective material, 1 required lamp not powered by electricity, 1 inoperable required lamp, 1 frame cracked/loose/sagging/broken, 2 no/discharged/unsecured fire extinguisher, 2 log violation (general/form and manner), 1 inspection/repair and maintenance parts and accessories, 3 failure to comply with IRP, 2 failure to display fuel decal, 1 failure to comply with UCR, 2 operating intrastate commercial without registration, 1 USDOT number not displayed as required, and 1 no VIN on trailer.

The carrier has a current Unsafe Driving BASIC of 73.5 (Monitor Status), an Hours-of-Service Compliance BASIC of 95.5 (Monitor Status), and a Vehicle Maintenance BASIC of 74.5.  The carrier has a MCSIP Step of 0 (not targeted) and an ISS inspection selection value of 96 (inspect). 

This is a continuation of the full hearing held on March 6, 2012 and continued to the June 19, 2012 and September 21, 2012 meetings.  At the September meeting, the Board voted to again continue the hearing with a request for the carrier to provide a written explanation of the safety plan previously submitted and the effect it is having on correcting safety, driver, and vehicle issues, with examples, to help the Board understand what the carrier has put in place to address the safety and operating issues that brought the carrier before the Board.  The Board also strongly requested the presence of a company representative at the December 7, 2012 meeting to present testimony about the results of the safety plan submitted to the Board.  A hearing continuance notice which detailed the two request made by the Board was sent to the carrier via FedEx on September 28, 2012.  Delivery was confirmed on October 3, 2012.  To date there has not been a response to the Board’s request.

Documents for the record:

  1. Motor Carrier Review Board Summary
  2. Carrier’s Supplemental Questionnaire (submitted June 25, 2012)
  3. Carrier’s Safety Plan (submitted August 1, 2012)
  4. MCMIS Safety Profile
  5. Safety Measurement System History
  6. Query Central Snapshot

Wayne Shaw appeared before the Board to present testimony and answer questions posed by the Board on behalf of Ridge Road Express Inc.  Mr. Shaw stated that he is working with Bob Cleaves, Safety Investigator at USDOT-FMCSA, to straighten out the issues with log books.  Several employees review the log books and mistakes are brought to the attention of the drivers.  Mr. Shaw has hired a new mechanic who now does walk-around inspections on the vehicles.  All drivers are required to do pre-trip inspections and turn in the inspection report with their logs.  Mr. Shaw told the Board the company has downsized from six trucks to four and he has bought some newer trailers which he believes will help to cut down on equipment violations.


Basil J Stratton – USDOT Number 1970679

RSR 455.56; Indefinite suspension of Basil J Stratton based on the totality of violations and the Board’s concern with highway safety  with restoration conditional upon the carrier submitting a safety plan two weeks prior to the March 19, 2013 Board meeting and appearing before the Board; Brian/Bruce – Unanimous

Basil J Stratton, dba Family Affair Logging & Firewood, of Fairfield, Maine is an intrastate exempt for-hire carrier of logs, poles, beams, lumber, and machinery operating 1 power unit and 1 CDL driver.

During the review period (January 1, 2011 to December 31, 2011) the carrier had 20 violations (two serious) for a total of 82.00 points, including 1 failure to prevent cargo shifting, 1 aggravated gross weight, 1 steering system components worn/welded/missing, 1 inoperative head lamps, 1 inoperative turn signal, 1 inoperative tail lamp, 1 excess vehicle weight, 1 operating beyond road restrictions, 2 operating over posted weight, 5 failing to secure brake hose/tubing against mechanical damage, 1 frame cracked/loose/sagging/broken, 1 hood not securely fastened, 1 inspection/repair and maintenance parts and accessories, 1 illegal attachment of plates, and 1 operating intrastate commercial without registration.  The carrier’s reported Maine mileage is 18,483 miles (FUID) resulting in an RSR of 455.56.

During the review period the carrier had one accident.

After the review period the carrier had 34 violations (five serious), including 2 tire-other tread depth less than 2/32 of inch, 1 flat tire or fabric exposed, 1 speeding 11-14 miles per hour over limit, 1 no/improper securement of logs, 1 steering system components worn/welded/missing, 3 inoperative tail lamp, 1 failing to secure brake hose/tubing against mechanical damage, 2 clamp/roto-chamber type brake(s) out of adjustment, 1 failure to correct defects noted on inspection report, 1 brake tubing and hose inadequacy, 1 no or defective automatic trailer brake, 1 inoperative/defective brakes, 1 operating commercial motor vehicle without periodic inspection, 1 no/improper safety chains/cables for full trailer, 2 no/insufficient warning devices, 2 no/discharged/unsecured fire extinguisher, 6 inspection/repair and maintenance parts and accessories, 2 frame cracked/loose/sagging/broken, 1 improper securement of fuel tank, 1 operating after suspension, 1 failure to display fuel decal, and 1 fuel violation/dyed fuel.

The carrier has a current Vehicle Maintenance BASIC of 90.6 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 66 (optional).  This is the carrier’s first full review.  The carrier was issued a warning letter in June, 2012.

The carrier was sent a hearing notice and a supplemental questionnaire on September 24, 2012 via FedEx.  Receipt was acknowledged on September 27, 2012.  A second request for information was sent via FedEx on October 25, 2012.  Receipt was acknowledged on October 26, 2012.  The carrier’s supplemental questionnaire has not been received to date.

Documents for the record:

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


Andrew Smith – USDOT Number 1845540

RSR 226.98; No Further Action; Brian/Bruce - Unanimous
Andrew Smith, dba A D Smith Trucking, of Guilford, Maine is an interstate for-hire carrier of logs, poles, beams, lumber, building materials, garbage, refuse, trash, and construction equipment/materials operating 2 power units and 2 CDL drivers.

During the review period (January 1, 2011 to December 31, 2011) the carrier had 30 violations (eight serious) for a total of 143.00 points, including 1 tire-ply or belt material exposed, 2 tire-other tread depth less than 2/32 of inch, 1 axle positioning parts defective/missing, 1 leaf spring assembly defective/missing, 3 aggravated gross weight (>19%), 1 steering system components worn/welded/missing, 2 inoperative turn signal, 1 inoperative tail lamp, 1 excess vehicle weight, 2 operating over posted weight, 3 operating a commercial motor vehicle without periodic inspection, 1 inoperative/defective brakes, 3 failing to secure brake hose/tubing against mechanical damage, 3 brake tube and hose inadequacy, 1 horn inoperative, 1 failure to provide evidence of insurance, 1 operating intrastate commercial without registration, 1 failure to display fuel decal, and 1 fuel system requirements.  The carrier’s reported Maine mileage is 63,226 miles (IFTA CH) resulting in an RSR of 226.98.

After the review period the carrier had 21 violations (one serious), including 1 tire-other tread depth less than 2/32 of inch, 1 inoperative tail lamp, 3 clamp/roto-chamber type brake(s) out of adjustment, 2 inoperative/defective brakes, 1 failing to secure brake hose/tubing against mechanical damage, 1 brake tubing and hose inadequacy, 2 automatic brake adjuster- air brake, 1 excess vehicle weight, 2 operating over posted weight, 2 operating commercial motor vehicle without periodic inspection, 1 inoperative required lamps, 1 no/discharged/unsecured fire extinguisher, 1 no/insufficient warning devices, 1 failure to display fuel decal, and 1 operating intrastate commercial without registration.

The carrier has a current Vehicle Maintenance BASIC of 98.2 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 69 (optional).  This is the carrier’s first full review.  The carrier was issued a warning letter in June, 2012.

The carrier was sent a hearing notice and a supplemental questionnaire on September 24, 2012 via FedEx.  Receipt was acknowledged on September 27, 2012.  A second request for information was sent via FedEx on October 25, 2012.  Receipt was acknowledged on October 26, 2012.  The carrier’s supplemental questionnaire was received on November 26, 2012.  The carrier did not provide any Maine mileage for the reporting period.

Documents for the record:

  1. Motor Carrier Review Board Summary
  2. Carrier’s Supplemental Questionnaire
  3. MCMIS Safety Profile
  4. Safety Measurement System History
  5. Query Central Snapshot 


Rollins Transport LLC – USDOT Number 785913

RSR 61.11; No Further Action; Brian/David - Unanimous
Rollins Transport LLC, of Caribou, Maine is an interstate for-hire carrier of general freight, logs, poles, beams, lumber, building materials, machinery, fresh produce, grain, feed, hay, coal, coke, meat, dry bulk commodities, refrigerated food, beverages, paper products, farm supplies, and construction equipment operating 7 power units and 6 CDL drivers.

During the review period (April 1, 2011 – March 31, 2012) the carrier had 25 violations (10 serious) for a total of 132.00 points, including 2 speeding 15 or more miles per hour over limit, 1 tire-other tread depth less than 2/32 of inch, 2 false report of driver’s record of duty status, 1 requiring or permitting driver to drive more than 11 hours, 3 requiring or permitting driver to drive after 14 hours on duty, 1 60/70 - hour rule violation (Passenger), 1 inoperative head lamps, 1 inoperative turn signal, 1 steering system components worn/welded/missing, 2 driver’s record of duty status not current, 1 driver failing to retain previous 7 days’ log, 1 brake tubing and hose adequacy, 1 failing to secure brake hose/tubing against mechanical damage, 1 clamp/roto-chamber type brake(s) out of adjustment, 1 log violations (general/form and manner),1 no/insufficient warning devices, 2 no/discharged/unsecured fire extinguisher, 1 damaged or discolored windshield, and 1 expired medical examiner’s certificate.  The carrier’s Maine mileage is 216,407 miles (IFTA Audit) resulting in an RSR of 61.11.

After the review period the carrier had 2 violations (none serious), including 1 carrier name/USDOT not displayed as required and 1 operating loaded truck on temporary registration.

The carrier has a current Unsafe Driving BASIC of 60.4, an Hours-of-Service Compliance BASIC of 99.3 (Monitor Status), and a Vehicle Maintenance BASIC of 50.0.  The carrier has a MCSIP Step of 0 (not targeted) and an ISS inspection selection value of 86 (inspect).  This is the carrier’s first full review.

The carrier was sent a hearing notice and a supplemental questionnaire on September 24, 2012 via FedEx.  Receipt was acknowledged on September 25, 2012.  The carrier’s supplemental questionnaire was received on October 18, 2012.  Mr. Rollins reported 192,719 Maine miles which included 166,729 miles for Rollins Transport LLC and 25,990 miles for owner/operator G.E. & R. Enterprise LLC.  The IFTA audited Maine miles for Rollins Transport LLC during the reporting period was 190,417 which when combined with the mileage for the owner/operator resulted in a total Maine mileage of 216,407 and an adjusted RSR of 61.11 (down from the preliminary review RSR of 79.04).

Documents for the record:

  1. Motor Carrier Review Board Summary
  2. Carrier’s Supplemental Questionnaire
  3. MCMIS Safety Profile
  4. Safety Measurement System History
  5. Query Central Snapshot

Eric Rollins appeared before the Board to present testimony and answer questions posed by the Board on behalf of Rollins Transport LLC.  Mr. Rollins told the Board he has taken multiple steps to improve his company’s safety and operating history.  He has begun using a program to check log books every time the logs are turned in.  He is working with the drivers to help them understand how to correctly complete the log books and eliminate hours-of-service violations.  He has installed a GPS system in all the trucks so the company could track speed and hour-of-service.  Maximum speed has been cut back to 68 mph on the trucks.  Mr. Rollins told the Board all drivers are required to do pre-trip inspections and must pass the inspection reports in upon returning from their trip.  He also stated that the company has a progressive discipline policy in place for drivers. 


Travis S Hayden – USDOT Number 1791065

RSR 58.97; No Further Action; Alan/Bruce – 1 In Favor, 4 Opposed
Continuance until the March 19, 2013 meeting with a request for a safety plan to be submitted two weeks prior to the meeting and a strong recommendation that the carrier be present at the next meeting; Brian/Bruce - Unanimous
Travis S Hayden, dba Phoenix Trucking, of Wellington, Maine is an intrastate exempt for-hire carrier of logs, poles, beams, and lumber operating 9 power units and 6 CDL drivers.

During the review period (April 1, 2011 to March 31, 2012) the carrier had 107 violations (14 serious) for a total of 470.00 points, including 8 tire-other tread depth less than 2/32 of inch, 2 tire-ply or belt material exposed, 1 loose/unfastened tiedown, 2 air suspension pressure loss, 1 failing to meet minimum tiedown requirements, 3 stop lamp violations, 6 steering system components worn/welded/missing, 3 inoperative head lamps, 7 inoperative turn signal, 3 inoperative tail lamp, 4 excess vehicle weight, 8 operating over posted weight, 1 no or defective brake warning device, 4 inoperative/defective brakes, 15 failing to secure brake hose/tubing against mechanical damage, 4 clamp/roto-chamber type brake(s) out of adjustment, 1 insufficient brake linings, 4 operating a commercial motor vehicle without periodic inspection, 5 automatic brake adjuster CMV manufactured on/after 10/20/1994-air brake, 2 oil and/or grease leak, 4 inoperative required lamps, 9 inspection/repair and maintenance parts and accessories, 1 no/discharged/unsecured fire extinguisher, 2 frame cracked/loose/sagging/broken, 3 damaged or discolored windshield, 3 operating intrastate commercial without registration, and 1 fuel system requirements.  The carrier’s reported Maine mileage is 796,890 miles (FUID) resulting in an RSR of 58.97.

After the review period the carrier had 64 violations (sixteen serious), including 1 using hand-held mobile phone while operating a CMV, 1 short, length - improper securement, 9 tire-other tread depth less than 2/32 of inch, 1 tire-tread and/or sidewall separation, 1 loose or unfastened tiedown, 2 damaged securement system/tiedowns, 1 axle positioning parts defective/missing, 1 stop lamp violation,  2 inoperative head lamps, 4 inoperative turn signal, 4 inoperative tail lamp, 1 steering system components worn/welded/missing, 1 power steering violations, 4 failing to secure brake hose/tubing against mechanical damage, 2 brake-reserve system pressure loss, 1 no or defective brake warning device, 2 failure to correct defects noted on previous inspection report, 1 excess vehicle weight, 6 operating commercial motor vehicle without periodic inspection, 1 fifth wheel, 2 oil and/or grease leak, 1 frame cracked/loose/sagging/broken, 1 no/discharged/unsecured fire extinguisher, 4 inspection/repair and maintenance parts and accessories, 1 wheel/rim cracked or broken, 5 operating intrastate commercial without registration, 2 expired inspection, and 2 carrier name/USDOT number not displayed.

The carrier has a current Vehicle Maintenance BASIC of 99.2 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 70 (optional).  This is the carrier’s first full review.  The carrier was issued a warning letter in December, 2010.

The carrier was sent a hearing notice and a supplemental questionnaire on September 24, 2012 via FedEx.  Receipt was acknowledged on September 25, 2012.  The carrier’s supplemental questionnaire was received on October 22, 2012.  The carrier did not provide updated Maine mileage.

Documents for the record:

  1. Motor Carrier Review Board Summary
  2. Carrier’s Supplemental Questionnaire
  3. MCMIS Safety Profile
  4. Safety Measurement System History
  5. Query Central Snapshot

Travis Hayden appeared before the Board to present testimony and answer questions posed by the Board on behalf of his company.  Mr. Hayden provided some explanation regarding some of the company’s violations.  He thought he should not have been cited for the fifth wheel violation and presented some pictures to the Board as evidence.  Mr. Hayden also stated that his driver told him he was not using a cell phone while driving and he had no reason not to believe him.  A Board member asked him if he requested the driver’s cell phone records to prove he was not on the cell phone and then explained to Mr. Hayden that there is a process in place to challenge violations which can be removed from the company’s record upon a successful challenge.  Mr. Hayden admitted that he had a hard time keeping up with tires for financial reasons.  He stated that he has downsized the company from 9 trucks to 6 or 7 trucks.  The drivers leave Sunday night with the trucks and don’t return back to the garage until Friday night.  Mr. Hayden and his father are the only mechanics and they work on the trucks on the weekend.  He has begun rotating trucks out to help reduce violations.  Mr. Hayden did state that when a truck has a maintenance issue during the week that the driver cannot fix, he does authorize the driver to bring the truck to a commercial garage for repair, but the truck must be driven with the maintenance issue to the garage because he cannot afford on-site repair.

Follow Up of “B” Carriers (From the September 21, 2012 Meeting):

Haskell & Sons Trucking LLC – USDOT Number 9203
RSR 56.43; Letter A; Brian/Alan - Unanimous
A warning letter and supplemental request were sent to the carrier via FedEx on September 24, 2012, and delivery was confirmed on September 25, 2012.  A second request for the supplemental information was sent by FedEx and fax on October 25, 2012 and delivery was confirmed on October 29, 2012.  The carrier’s supplemental questionnaire has not been received to date.

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

The carrier has a current Vehicle Maintenance BASIC of 89.5 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 66 (optional).


N C Hunt Inc – USDOT Number 245025

RSR 40.14; No Further Action; Bruce/Brian - Unanimous
A warning letter and supplemental request were sent to the carrier via FedEx on September 24, 2012, and delivery was confirmed on September 27, 2012.  The carrier’s supplemental questionnaire was received on October 18, 2012.  The carrier reported 577,935 Maine miles resulted in an updated RSR of 40.14.

There are 10 new violations to report since the last meeting (two serious), including 2 failing to use seat belt while operating a commercial motor vehicle, 1 stop lamp violation, 2 failing to secure brake hose/tubing against mechanical damage, 1 inspection/repair and maintenance parts and accessories, 1 no/discharged/unsecured fire extinguisher, 1 no/insufficient warning devices, 1 miscellaneous driver’s license violations, and 1 failure to yield right of way.

The carrier currently has an Unsafe Driving BASIC of 60.5, a Vehicle Maintenance BASIC of 73.6, a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 46 (pass).


K L Drost Inc – USDOT Number 636272

RSR 26.63; No Further Action; Bruce/Alan - Unanimous
A warning letter and supplemental request were sent to the carrier via FedEx on September 24, 2012, and delivery was confirmed on September 26, 2012.  The carrier’s supplemental questionnaire was received on October 18, 2012.  The carrier reported 352,587 Maine miles which resulted in an updated RSR of 26.63.

There are three violations to report since the last meeting (none serious), including 2 steering system components worn/welded/missing and 1 oil and/or grease leak.

The carrier currently has an Hours-of-Service Compliance BASIC of 41.6, a Vehicle Maintenance BASIC of 88.4 (Monitor Status), a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 71 (optional). 


CIA Salvage Inc – USDOT Number 618039

RSR 35.47; No Further Action; Brian/Bruce - Unanimous
A warning letter and supplemental request were sent to the carrier via FedEx on September 24, 2012, and delivery was confirmed on September 25, 2012.  The carrier’s supplemental questionnaire was received on October 20, 2012.  The carrier reported 202,791 Maine miles which resulted in an updated RSR of 35.47.

The carrier has no new violations to report since the last meeting.

The carrier currently has a Driver Fitness BASIC in Monitor Status (serious violation cited from an investigation), a Vehicle Maintenance BASIC of 67.7, a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 61 (optional). 


Farm Food Transportation Inc – USDOT Number 265633

RSR 24.76; No Further Action; Alan/Bruce – 4 In Favor, 1 Abstention
A warning letter and supplemental request were sent to the carrier via FedEx on September 24, 2012, and delivery was confirmed on September 25, 2012.  A second request for the supplemental information was sent by FedEx on October 25, 2012 and delivery was confirmed on October 30, 2012.  Ivan Pratt, President of Farm Food Transportation Inc, spoke with a Board staff member on November 26, 2012, regarding the notice.  The carrier’s supplemental questionnaire was received on December 4, 2012.

The carrier has seven new violations to report since the last meeting (one serious), including 1 speeding in a commercial motor vehicle 15 or more miles per hour over limit, 1 steering system components worn/welded/missing, 1 power steering violations, 1 inoperative tail lamp, 2 failing to secure brake hose/tubing against mechanical damage, and 1 inoperative required lamps.

The carrier currently has an Unsafe Driving BASIC of 62.0, an Hours-of-Service Compliance BASIC of 93.3 (Monitor Status), a Vehicle Maintenance BASIC of 58.4, a Crash Indicator BASIC of 41.1, a MCSIP Step of 0 (not targeted), and an ISS inspection selection value of 86 (inspect).

Top Twenty Carriers (for the review period 07/01/2011 to 6/30/2012):

At its last meeting the Board voted to forego preliminary carrier reviews at this meeting to allow for a work session to discuss possible changes in procedures to better accomplish the Board’s mandate.

Old Business:

Work session to discuss possible changes to the Board’s procedures

Brian Parke opened the discussion and invited Alan Vitcavage and Lt. Shawn Currier to participate in the discussion.  Brian stated that since interstate carriers are already receiving remedial action from FMCSA under CSA, the Board’s attention to interstate carriers is often redundant and he would like to see a better approach to get carriers before the Board so the Board’s dealing with the carriers would be more impactful.  Brian presented a document to the Board that identified some of the issues with the current process and a proposal for a new process.

The Board did decide that its efforts should be focused primarily on intrastate carriers, but that should not be the sole focus.

During the discussion with Alan about what FMCSA resources are available to the Board, it was learned that FMCSA could provide a report for intrastate carriers that is similar to what is now available for interstate carriers.  Lt. Currie was also asked if Commercial Enforcement could provide a quarterly list of interstate carriers whose recent operating history in Maine might warrant review by the Board.  Lt. Currie said that he could do that and would be willing to help the Board where possible.

Motion:  On a trial basis, the initial carrier list to start the selection process for the next meeting shall include the FMCSA intrastate carrier report and the interstate carrier list provided by MSP Commercial Enforcement.  The carriers on the two lists will be vetted through the normal scoring process to develop the Top Twenty List for the March 19, 2012 meeting; Brian/Bruce - Unanimous

New Business:

None

Next Meeting Date:

The next meeting is Tuesday, March 19, 2013 at 8:00 AM
Bureau of Motor Vehicles – Executive Conference Room

A motion was made to adjourn the meeting at 11:20 a.m.; Bruce/Alan - Unanimous



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