94-591 C.M.R. ch. 2, § 4 - Method of Selection and Threshold limits for Suspension

1. The Bureau, on a quarterly basis, shall prepare a list of motor carriers that meet or exceed the threshold limits for suspension of their privilege to operate a commercial motor vehicle in the state (the "Suspension List"). The list shall be compiled using the Federal Motor Carrier Safety Administrations CSA severity weights, adjudicated violations, driver violations and other relevant carrier and driver information. The "Threshold Limit" for suspension and warning shall be established by Bureau policy and periodically reviewed.

2. The Bureau may at the request of the Secretary of State, FMCSA, the Commanding Officer of the Maine State Police Commercial Enforcement Unit or based on an adverse report, calculate relevant statistical information to determine if a carrier has met the threshold limits outside the quarterly time schedule, and include additional carriers on the suspension list.

3. When available, individual driver violations and serious driver violations will be included in the violation history for a carrier.

4. A severity factor point value is assigned to each violation using the CSA severity weights assigned to all Federal Motor Carrier Safety Regulations (FMCSRs) and Hazardous Materials Regulations (HMRs) that can lead to roadside violations. The severity factor point value assigned to a roadside violation will be equal to the CSA severity weight assigned to the regulation violated (See FMCSA's Safety Measurement System (SMS) Methodology). The severity factor point values assigned to adjudicated violations not assigned a CSA severity weight can be found in Appendix A.

5. After compilation, calculation and analysis of relevant data, the Bureau shall select from the Suspension List those carriers to recommend to the Secretary of State that their privilege to operate a commercial motor vehicle be suspended.

6. The Secretary of State shall act on the recommendation of the Bureau within fifteen days of receipt of the recommendation.

Notes

94-591 C.M.R. ch. 2, § 4