MAAN BROTH - Regulations.gov

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BEFORE THE UNITED STATES DEPARTMENT OF TRANSPORTATION

FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION In the Matter of: MAAN BROTHERS TRANS, INC., DBA MBT, USDOT# 2858187 Petitioner.

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Docket No. FMCSA-2020-0148 (Western Service Center)

NOTICE OF AMENDED COMPLIANCE REVIEW

COMES NOW, the Field Administrator for the United States Department of

Transportation, Federal Motor Carrier Safety Administration (FMCSA), Western Service

Center (hereinafter “Field Administrator”), by and through counsel, and hereby provides

notice of his intent to amended the compliance review to result in non-rated compliance

review for Maan Brothers Trans, Inc., dba MBT (hereinafter “Petitioner”). In support,

the Field Administrator sets forth the following:

1. On or about March 13, 2020, a compliance review was completed on

Petitioner. The compliance review resulted in a proposed Conditional safety rating. On

March 31, 2020, Petitioner was notified of its proposed Conditional safety rating. True

and accurate copies of the initial compliance review and rating letter are attached. On or

May 29, 2020, Petitioner filed a petition for administrative review of its proposed

Conditional safety rating. On May 30, 2020, the Field Administrator was ordered to

respond.

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2. In reviewing the petition and other documentation, the Field Administrator

determined that the initial compliance review should be amended to remove the critical

violation of 49 CFR 395.8(e)(1) – Making, or permitting a driver to make, a false report

regarding duty status. During the compliance review, Petitioner provided FMCSA’s

Safety Investigator with at least one fuel report that was inaccurate. On June 24, 2020,

the Field Administrator received and was able to compare a seemingly accurate fuel

report.

3. This change will result in removal of the sole critical violation cited

during the compliance review and will result in removal of the Conditional safety rating.

Since the compliance review was focused, the review will result in no safety rating (Not

Rated). The Field Administrator is in the process of correcting the compliance review

and safety rating. Accordingly, this administrative review will soon be moot.

WHEREFORE, the Field Administrator respectfully requests the Assistant

Administrator dismiss this administrative review as moot and close the docket.

Respectfully Submitted,

Date: June 26, 2020 By: ___________________________________ Jedd M. Miloud Office of Chief Counsel Federal Motor Carrier Safety Administration 12600 West Colfax Avenue, Suite B-300 Lakewood, Colorado 80215 Phone 303-407-2362 Fax 303-407-2339

[email protected] ATTORNEY FOR FIELD ADMINISTRATOR

Attachment

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CERTIFICATE OF SERVICE

This is to certify that on the 26th day of June 2020, the undersigned served, as specified, the designated number of copies of the foregoing document to each of the parties listed below: Docket Services (Docket Operations) U.S. Department of Transportation 1200 New Jersey, SE West Building Ground Floor, Room W12-140 Washington, DC 20590-0001

One Copy Electronically Filed

Ajay Singh, CEO Trans-Safety Consultants, Inc. 11030 Arrow Rte., Suite 212 Rancho Cucamonga, CA 91730 Representative for Petitioner

One Copy U.S. Mail

____________________________________

FMCSA-2020-0148 In the Matter of Maan Brothers Trans, Inc. dba MBT Notice of Amended Compliance Review

Attachment

MAAN BROTHERS TRANS INC (U.S.DOT# 2858187) - 3/19/2020 3:26:20 PM - Page 1

UNITED STATES DEPARTMENT OF TRANSPORTATION

U.S. DOT#: 2858187MC/MX#: 957085

Legal: MAAN BROTHERS TRANS INCOperating (DBA): MBT

Investigation Date:03/13/20

Investigation Type: Onsite Focused Investigation Location of Investigation: Company principal place of business(PPOB)Extent of Operations: Entire Operation

Physical Address Mailing Address

14307 BALLAD DRCORONA, CA 92880United States

P O BOX 6497Norco, CA 92880United States

Contact Information

Contact Name: TEJVIR SINGHEmail: [email protected]: (714)305-1093 Cell: (909)234-4605 Fax: ()-

Business and Financial

Business Type: CorporationGross Revenue: $2,354,398.00 For Year Ending: 12/31/18Federal Tax ID: (EIN)

Operation Classification and Type Cargo

Type of Operation: Non-HM Interstate Carrier

Operation ClassificationFor-Hire Motor Carrier

PropertyOther Non-Hazardous Freight

General Freight, Fresh Produce, Refrigerated Food

Equipment Driver Information

Owned Term Leased Trip Leased

Truck Tractors 5 1

Trailers 216

Power units used in the U.S.: 7Percentage of time used in the U.S.: 100%

Drivers

Intrastate Interstate

< 100 Miles 1

>= 100 Miles 10

Average trip leased driver/month: 0Drivers with CDL: 11Total Drivers: 11


Person(s) Interviewed

Name: GURPREET SINGH MAAN Title: OPERATION MANAGER

Name: TEJVIR SINGH Title: CHIEF EXECUTIVE OFFICER

Questions

Questions about this report or the Federal MotorCarrier Safety or Hazardous Materials regulations maybe addressed to the Federal Motor Carrier SafetyAdministration at:

3401 Centrelake Dr., Suite 550AOntario, CA 91761Phone: (909) 937-2949Fax: (909) 390-5642

This report will be used to assess your safety compliance.


Violations

1. Primary: 395.8(e)(1)Making, or permitting a driver to make, a false report regardingduty status

CriticalAt least 10% of the number checked had violations

ViolationsDiscovered

Fed State Total

21 21

Checked

Fed State Total

150 150

BASIC ImpactedHours-of-ServiceCompliance

Rating Factor 3:Operational = Part395

Example/Notes:

Driver name: Harjeet Singh.Trip date: 10/04/2019Description of violation: EFS fuel statement shows Barstow, CA vs log Sacramento, CA.

Drivers/Vehicles

In Violation Checked

3 5

2. Primary: 395.3(a)(3)(i)Requiring or permitting a property-carrying commercial motor vehicle driver to drivemore than 11 hours.

Violations Discovered

Fed State Total

1 1

Checked

Fed State Total

150 150

Example/Notes:

Trip date: 12/18/2019.Driver name: Gurwinder Singh.Violation description: Driving beyond 11 hour driving. (Property Carrying Vehicle)

Drivers/Vehicles


1 5

3. Primary: 395.8(e)(1)False reports of records of duty status (inaccurate).


Fed State Total

3 3

Checked

Fed State Total


150 150

Example/Notes:

Driver name: Gurwinder Singh.Trip date: 12/24/2019

Drivers/Vehicles


1 5

4. Primary: 395.8(f)Failing to require driver to prepare record of duty status in form and manner prescribed.


Fed State Total

31 31

Checked

Fed State Total

150 150

Example/Notes:

Driver name: Harjeet Singh.Trip date: 10/09/2019Form and manner violations: Missing BOL # in the AOBRD.

Drivers/Vehicles


4 5

5. Primary: 395.22(b)(2)Motor carrier failed to manage ELD account(s) per § 395.22(b)(2)(i-iv)


Fed State Total

2 2

Checked

Fed State Total

11 11

Example/Notes:

02 ELD's account for CEO/Driver name: Tejvir Singh.Trip date: 12/19/2019 @gmail.com)Trip date: 12/20/2019 @gmail.com)Identify: 395.22(b)(2)(ii)

Drivers/Vehicles


2 11


Safety Fitness Rating

Your proposed safety rating is: CONDITIONAL 1 UNSATISFACTORY rating factor and 2 or fewer CONDITIONAL rating factors.Corrective actions must be taken for any violations (deficiencies) identified in this report. See below for more information.

RATING FACTORS RATING ACUTE CRITICAL

Factor 3: Operational = Parts 392 and 395 Unsatisfactory 1

Effective date: You will receive an official notice of proposed safety rating from the Federal Motor Carrier Safety Administration inWashington, D.C. The Conditional rating will take effect 60 days after the date of the official notice.However, if this rating improves a previous Unsatisfactory rating, it will become effective on the date of the official notice from theFMCSA headquarters.You may request a safety rating upgrade based on corrective action under 49 CFR 385.17 and/or an administrative review under 49 CFR385.15. You may request a safety rating upgrade based on corrective action under 49 CFR 385.17 and/or an administrative review under49 CFR 385.15.Change to safety rating based on corrective action: You may request a change to a safety rating under 49 CFR 385.17 at any time byproviding evidence that you have taken actions to correct the deficiencies that resulted in the safety rating. You must make this requestin writing to the Field Administrator for the FMCSA Service Center in which you maintain your principal place of business. A pendingrequest for a change in safety rating under 49 CFR 385.17 will not delay the effective date of the rating.Administrative Review: You may appeal your proposed safety rating in a petition filed under 49 CFR 385.15 if you believe FMCSA madean error in assigning your safety rating. You must submit your appeal within 90 days of the date of the proposed safety rating or within90 days after denial of a request for a change in rating under section 385.17(i). If the safety rating improves a previous Unsatisfactoryrating, it becomes effective immediately and you must submit your appeal within 90 days of the final safety rating. A petition undersection 385.15 will not delay the effective date of the rating unless the Chief Safety Officer grants a stay.You must submit your appeal in writing to: Chief Safety Officer, Federal Motor Carrier Safety Administration, 1200 New Jersey Ave., S.E.,Washington, DC 20590-0001.DataQs: If you dispute the violations recorded in the Violations section of this investigation report, and the violations were not used inthe calculation of your safety rating, you may submit a Request for Data Review (RDR) through DataQs. The DataQs system is the methodto remove violations that did not affect your safety rating. DataQs is an online system that allows a motor carrier or driver to request andtrack a review of Federal and State issued data that it believes to be incomplete or incorrect. To submit an RDR, go tohttps://dataqs.fmcsa.dot.gov.


Process Breakdown and Remedies

BASIC: Hours-of-Service ComplianceProcess Breakdown: Roles and Responsibilities

Tejvir Singh CEO of Maan Brothers Trans Inc needs to revise his policy to ensure the procedures are being followed concerning the RODSas per regulation. Identified the roles and responsibilities of each individual. (CEO Tejvir Singh and Operation manager Gurpreet SinghMaan) Define a progressive disciplinary policy which can include, among other things, written warnings, suspensions, or work restrictions,monetary penalties, and termination. At the same time Tejvir Singh Chief Executive Officer of Maan Brothers Trans Inc needs to improvehis practice on how management will monitor and track the RODS per driver as well as store the RODS for six months. Make sure thecarrier (Tejvir Singh and Gurpreet Singh Maan) checks driver(s) RODS for falsification.

Specific Recommended Remedies

To implement Safety Improvement Practices, the following list are recommended practices related to Roles andResponsibilities:1. Define and document roles and responsibilities of managers and supervisors for monitoring compliance with Hours-of-Service

(HOS) policies.2. Ensure that managers are responsible for reviewing Records of Duty Status (RODS) for accuracy and for disciplining those who

falsify their logs.3. Define and document roles and responsibilities of drivers and dispatchers as they pertain to Hours-of-Service (HOS) policies and

procedures.


Recommendations

1. Notice of Claim ViolationsPLEASE NOTE: The violations discovered during this compliance review may affect the civil penalty proposed in any subsequentNotice of Claim. In addition, your history of prior violations of the Federal Motor Carrier Safety Regulations, Federal HazardousMaterial Regulations, or the Federal Motor Carrier Commercial Regulations may also affect the civil penalty proposed in anysubsequent Notice of Claim. Receipt of this report acknowledges your understanding that the violations discovered by the FMCSAduring this review may be used to calculate any civil penalty proposed as a result of this review.Attached to this report is Table 1, which identifies all the documented violations which were discovered during the course of thisreview.

2. Acute and Critical ViolationsAcute and/or Critical violations were recorded on this investigation report. These violations will impact your safety record.NOTICE: A pattern and/or repeated violations of the same or related acute or critical regulations (violations of the same Part in Title49, Code of Federal Regulations) will cause the maximum penalties allowed by law to be assessed under Section 222 of the MotorCarrier Safety Improvement Act of 1999 (MCSIA). A pattern of violations means two or more violations of acute and/or criticalregulations in three or more Parts of Title 49, Code of Federal Regulations discovered during any eligible investigation. Repeatedviolations means violation(s) of an acute regulation of the same Part of Title 49, Code of Federal Regulations discovered in aninvestigation after one or more closed enforcement actions within a six-year period and/or violation(s) of a critical regulation in thesame Part of Title 49, Code of Federal Regulations discovered in an investigation after two or more closed enforcement actionswithin a six-year period.

3. Additional InformationPlease visit the CSA outreach site for additional guidance: https://csa.fmcsa.dot.gov.

4. Ensure that all drivers' logs are accurate.Ensure that all drivers' records of duty status (logs) are accurate. Check them against "supporting documents" to verify accuracy.Prohibit falsification of logs by any driver. Review the rules on supporting documents. Take appropriate action against drivers whofalsify logs.

5. SMS websiteYou are encouraged to review your company’s SMS results and take action to make the roads safer for everyone. Your public safetyrecords are available at the following website: http://ai.fmcsa.dot.gov/sms. Also visit https://portal.fmcsa.dot.gov which provides realtime data and the opportunity to review you safety data. You will need to use your PIN number that has been provided by FMCSA.Registration and access is free.

6. MCS-150 biennial updatesIs Your Registration Information Current?FMCSA requires carriers to update their registration data via a MCS-150 form every 24 months. Please review, verify and updateyour contact information, Vehicle Miles Travelled (VMT) and Power Unit (PU) data to ensure that it is current and accurate, since it isused in the new Carrier Safety Measurement System. You should access the system, review all the information and press the submitbutton. Once you've done this, the system will record that you've reviewed the information and you will be in compliance with thebiennial update requirement.https://li-public.fmcsa.dot.gov/LIVIEW/PKG_REGISTRATION.prc_option

7. Drug and Alcohol ClearinghouseFind out your responsibilities and requirements for FMCSA's Drug and Alcohol Clearinghouse by visitinghttps://clearinghouse.fmcsa.dot.gov . Implementation begins January 6, 2020.


Table 1: Violations Discovered During Review/Inspection

Violation Date Identifying Information Description

395.8(e)(1) - False reports of records of duty status

1 10/04/19 HARJEET SINGH

2 12/29/19 GURWINDER SINGH










12 12/21/19 GURDEEP SINGH











Safety Investigator Narrative

Investigators who contributed to the review:

Name Title Inspector ID (e.g., SI Code)

FRANCISCO REYNOSO Primary SI US1054

Investigation ScopeStart Date: 2/27/20Investigation Type: Onsite Investigation, Focused, selected BASICsSelected BASICs

The Following BASICs were selected to be reviewed for the investigation:

Hours-of-Service Compliance Full - due to Roadside

The investigation type changed from the assigned investigation because:

The crash indicator drop from to percentage.

Reason(s) for Investigation: Moderate Risk

CommentsGeneral comments:

An investigation was conducted on the carrier because the carrier was identified in the Moderate Risk 2.Carrier had for Hours-of-Service Compliance ( %). This intervention wasassigned and conducted as On-site focused investigation.

Company InformationCompany Owners and Partners/Officers/Members of the Company

Name Title In Charge of SafetyManagement?

Received Report? Present for Close-Out?

GURPREET SINGH MAAN OPERATION MANAGER No No Yes

TEJVIR SINGH CHIEF EXECUTIVEOFFICER

Yes Yes Yes

CommentsGeneral comments:


A review was conducted with CEO Tejvir Singh and Operation Manager Gurpreet Singh Maan of MaanBrothers Trans Inc., along with Safety Consultants Mike Sharma and Ajay Singh of Trans-SafetyConsultants Inc at the carrier PPOB located 14307 Ballad Drive, Corona, CA 92880.

Business Information And FinanceThe financial condition of the subject, focusing on any information that impacts the carrier's safety, is as follows: (The objective is togather information to support making safety assessments determining if the carrier is reincarnated)

Financial condition is good.

The carrier’s major assets such as buildings, land, airplanes, other companies, etc. are:

No major assets identified.

Description of the carrier’s business process model:

Carrier owns five truck-tractors and term leased another commercial motor vehicle. All trailers are tripleased by the carrier. All vehicles have a GVWR over 26,000 pounds and are used to transport generalfreight from/to California to all 48 States.

Major impacts to the business that affected the financial condition were:

No major impact that will affect the financial condition.

General comments:

The gross income reflects fiscal 2018 gross revenue. (Fiscal year 2018 began on January 01, 2018 andended on December 31, 2018) The 2018 income tax report was provided by the carrier because thecarrier has not reported the taxes for CY2019 to the IRS.

Operations & Cargo ClassificationGeneral comments:

Carrier is a for-hire motor carrier that transports general freight, refrigerate food and fresh produce ininterstate commerce.

Driver/Vehicle Information


General comments:

The carrier mileage was obtained from the last 04 quarters from the International Fuel Tax Agreement(IFTA) reports. Each report shows how many miles the carrier run during the last 12 months.

Compliance History

Prior Investigations

Date Type Reasons forInvestigation

Proposed Rating Rating Date Rating

02/23/18 Non-Ratable Review





Safety Audits

Date Type New Entrant Date Overall Results

10/22/16 Offsite 04/06/16 Pass

Closed Enforcement CasesNo Closed Enforcement Cases

CommentsAll recurring violations discovered during prior investigations were:

No violation(s) noted during prior investigation dated 10/22/2016. (Offsite New Entrant Safety Audit)

Techniques used in discovering violations for use in subsequent investigations were:

eFOTM was utilized to discover Part 395 violations.

Authority & InsuranceDoes the motor carrier have the appropriate type of authority? YesDoes the motor carrier have the appropriate level of insurance? Yes


General comments:

Carrier has in effect the required minimum levels of financial responsibility coverage. Carrier currently isinsured with United Specialty Insurance Company. Carrier was able to produce an MCS-90 form, policyGWP4270300 effective date 07/24/2019 was verified for the amount of $ 750,000 with the underwriterof United Specialty Insurance Company on 03/02/2020. She verified that carrier's insurance is active,current number of vehicle(s) listed and drivers listed on the policy. No problems were noted in L&I.

CDLIS (Driver's License Check)Was a CDLIS check conducted? Yes

List of drivers for which a CDLIS check was performed:

Name Date of Birth LicenseInformation

Phone Employment Dates License Status

GURPREET MAAN State: CANumberHas CDL: Yes

1/18/2018-Present

LUIS ORTIZ LOPEZ State: CANumber:Has CDL: Yes

1/22/2020-Present

TEJVIR SINGH State: CANumber:Has CDL: Yes

2/1/2018-Present

GURCHARAN SINGH State: CANumber:Has CDL: Yes

5/25/2018-6/15/2019

GURJINDER SINGH State: CANumber:Has CDL: Yes

9/18/2019-Present

Notes: Driver Time Record. Carrier stated that the driver operated 100 air-mile radius of the normal workreporting location during the month of Dec 2019. Exempt from the requirements of 395.8 and 395.11.

GURWINDER SINGH State: CANumber:Has CDL: Yes

6/18/2018-Present

KARNAIL SINGH State: CANumber:Has CDL: Yes

7/7/2018-4/29/2019

HARJEET SINGH State: CANumber:

8/31/2019-11/2/2019



Phone Employment Dates License Status

Has CDL: Yes

Notes: AOBRD 30 days check.

GURDEEP SINGH State: CANumber:Has CDL: Yes

6/9/2018-Present

JAGJIT SINGH State: CANumber:Has CDL: Yes

3/22/2019-Present

Notes: Driver Time Record. Carrier stated that the driver operated 100 air-mile radius of the normal workreporting location. Exempt from the requirements of 395.8 and 395.11.

MANJIT SINGH State: CANumber:Has CDL: Yes

12/30/2019-Present

SATVIR SINGH State: CANumberHas CDL: Yes

6/26/2019-9/15/2019

GURPAL SINGH State: CANumber:Has CDL: Yes

8/21/2019-Present

AMANDEEP SINGH State: NYNumberHas CDL: Yes

8/21/2018-8/2/2019

BALWINDER SINGH State: PANumber:Has CDL: Yes

9/23/2018-9/28/2019

AMRIK SINGH State: PANumber:Has CDL: Yes

10/21/2018-9/28/2019

GURPREET SINGH State: CANumber:Has CDL: Yes

3/22/2019-Present

JUJHAR SINGH State: CANumber:Has CDL: Yes

8/28/2019-Present

Pre-Investigation Narrative


Carrier Operations DescriptionGeneral overview of the carrier’s safety operation, including the personnel responsible for safety management:

Tejvir Singh oversees the entire operation, he can be reached at by email [email protected].

The approximate length of time the carrier/shipper has been in business is:

Carrier has been in business CY2016.

Description of the company location and the principal place of business, maintenance facilities, etc. (including the extent and nature ofany divisions or business locations of the company):

The Principal place of business is located 14307 Ballad Drive, Corona, CA 92880. ()

The following is atypical about the carrier’s operation:

Chief Executive Office Tejvir Singh residence is located in a different address ,Eastvale, CA 92880.

Explanation of interstate versus intrastate operations:

All trips conducted by the carrier are in interstate commerce.

Significant findings regarding accuracy of registration data (MCS-150 data), including an explanation of the source(s) of information usedto evaluate the accuracy of the information, are:

Inaccurate information noted in MCS-150 data. Shows 04 truck tractor owned and 03 additional trucktractors term leased. The carrier last update was 01/16/2020.

Was the motor carrier involved in emergency relief efforts? NoThe motor carrier’s exemptions (e.g. 395, MAP 21, utility service vehicle) were:

The motor carrier was not involved in an emergency relief effort or operated under an exemption orwaiver.

Affiliation or ReincarnationDate New Applicant Screening (NAS) was run: 3/2/2020Description of potential affiliated and reincarnated carrier(s), and the method by which they were determined not to be


affiliated/reincarnated carrier(s):

The NAS identifies potential affiliated with the present carrier. address, official, driver(s) and vehicle(s).

The following are the name(s) and U.S. DOT number(s) of affiliated and/or reincarnated motor carrier(s). (Note if the investigationresulted in a voluntary or involuntary consolidation order):

Legal name: Maan Transportation Inc with USDOT 2286549. Status: Inactive. On 05/06/2019 failed tocomplete Biennial Update. The CEO Tejvir Singh is the president for Maan Transportation Inc. MCMISshows last activity on CY2017.

Requested DocumentsList of documents requested including the date requested

Description ACE Status Subject DateRequested

DateProduced

ProducedBy

Reviewedto meetsample

BASICs CarrierName

U.S. DOT#

Questionnaire AwaitingDocuments

Crash:Driver:Equipment:

2/26/2020 () No MAANBROTHERSTRANS INC

2858187

EquipmentList

AwaitingDocuments



2858187

Driver List AwaitingDocuments



2858187

Reasons for delays or extensionsNone

Pre-Investigation CommentsWas Carrier Profile obtained: YesDate Carrier Profile was obtained: 2/27/2020Explanation of where the carrier maintains its documents, including where documents are maintained someplace other than at theprincipal place of business (includes whether or not the motor carrier was given 48 hours to produce records not located at the principalplace of business):

The carrier was provided with a list of the required documents on 02/26/2020 for the scheduleappointment date 03/02/2020. The required driver documents and vehicle maintenance files are at thecarrier's principal place of business. After the initial contact, the carrier was given ample time to producedocuments. Carrier was given more than 48 hours to produce records.

Were there any issues that posed barriers to the pre-investigation process? (e.g., locating or reaching the motor carrier,



Phone Employment Dates Sample Dates

Has CDL: Yes

Notes: AOBRD 30 days check.

GURDEEP SINGH State: CANumber:Has CDL: Yes

6/9/2018-Present 12/17/2019-1/15/2020


3/22/2019-Present 12/17/2019-1/15/2020

Notes: Driver Time Record. Carrier stated that the driver operated 100 air-mile radius of the normal workreporting location. Exempt from the requirements of 395.8 and 395.11.

Requested DocumentsList of the documents requested and produced by the motor carrier.

Description ACE Status Subject Date Requested Date Produced Produced By Reviewed tomeet sample

CommentsThe records reviewed to meet the sample were:

I asked the carrier to provide the ELD's HOS along with the supporting documents (Payroll records, billsof lading, fuel receipts and/or EFS fuel statement) per driver. Five drivers (Gurjinder Singh, HarjeetSingh, Jagjit Singh, Gurwinder Singh and Gurdeep Singh) were selected for RODS review. Based on theinterstate trips conducted within the last 6 months. The following RODS were requested and review perdriver. (Which reflects the day of each interstate trip conducted during the last 6 months)1. Gurjinder Singh 30 RODS were requested 12/17/2019 -01/15/2020. The carrier presented a driver'stime record for the month of December 17-31, 2019 (time card) along with the check issued onDecember 27, 2019 to driver Gurjinder Singh. Carrier stated that during these particular period(December 2019) the driver Gurjinder Singh operated within the 100 air-mile radius which the driverGurjinder Singh is exempt from the requirements of 395.8 (Driver's record of duty status) and 395.11.(Supporting documents) No additional supporting documents were provided by the carrier for the monthof December 2019. The ELD's and paper logs for the month of January 01-15, 2020 were available forreview.2. Harjeet Singh 30 RODS were requested 09/15/2019 -10/14/2019. AOBRD were available for review.3. Jagjit Singh 30 RODS were requested 12/17/2019 -01/15/2020.The carrier presented 2 checks issuedon January 2020 and the driver's time record (2 time cards) for driver Jagjit Singh. No additionalsupporting documents were provided by the carrier. Carrier stated that during these period the driverJagjit Singh operated within the 100 air-mile radius which the driver Jagjit Singh is exempt from therequirements of 395.8 (Driver's record of duty status) and 395.11. (Supporting documents)4. Gurwinder Singh 30 RODS were requested 12/17/2019 -01/15/2020. ELD's were available for review.5. Gurdeep Singh 30 RODS were requested 12/17/2019 -01/15/2020. ElD's were available for review.


The following supporting documents were used to review HOS:

The supporting documents required in the normal course of business are important to verify a driver’sRODS, and they consist of the following categories:1. Bills of lading and/or equivalent documents that indicate the origin and destination of each trip.2. Dispatch records, trip records, or equivalent documents;3. Expense receipts and EFS fuel statement.4. ELD's HOS reflecting activity transmitted through a fleet management system.5. Payroll records and/or equivalent documents that indicate payment to a driver.

Explanation of how the number checked was determined if the carrier did not maintain all supporting documents and a violation is cited:

The carrier completed Electronic Logging Device (ELD) implementation before Dec. 18, 2017. Theinvoice 820002 dated 12/04/2017 was produce by the carrier. Carrier continues to utilized the sameELD provider ELD Mandate.Biz to capture the HOS their drivers drive.The following violations were noted in Part 395.395.8(e)(1) - Making, or permitting a driver to make, a false report regarding duty status. 21 violationsdiscovered of 150 checked for 03 drivers Harjeet Singh, Gurwinder Singh and Gurdeep Singh.Falsification was determine utilizing eFOTM guidance. A critical false RODS is false by one hour or more,or fifty miles or more.395.3(a)(3)(i) - Requiring or permitting a property-carrying commercial motor vehicle driver to drivemore than 11 hours. 01 violations discovered of 150 checked for driver Gurwinder Singh.395.8(e)(1) - False reports of records of duty status (inaccurate). 03 violations discovered of 150checked for driver Gurwinder Singh. A non-critical false RODS is false by less than one hour or fiftymiles.395.8(f) Failing to require driver to prepare record of duty status in form and manner prescribed. 31violations discovered of 150 checked for 04 drivers Gurjinder Singh, Harjeet Singh, Gurwinder Singh andGurdeep Singh. Drivers failed to put the bill of lading number or specified the commodity transported inthe AOBRD and/or ELD per interstate trip.395.22(b)(2) - Motor carrier failed to manage ELD account(s) per § 395.22(b)(2)(i-iv). The CEO TejvirSingh has more than one account as well as driver Lovepreet Singh.

General comments:

It was recommended to the carrier to take a closer look at the drivers HOS and take the necessary stepsto monitor and track the falsification of logs books to aid the carrier comply with HOS requirements.CEO Tejvir Singh and/or Operation Manager Gurpreet Singh Maan needs to improve their practice onhow management will monitor and track the RODS per driver. The carrier needs to start to observer andtrack the log books of each driver, this will benefit the carrier to comply with HOS requirements.

Conclusion


SI Comments

ConclusionGeneral comments:

The compliance Review started and was completed at the carrier's principal place of business located at14307 Ballad Drive, Corona, CA on 03/13/2020 but no reports were provided to the Chief ExecutiveOfficer Tejvir Singh and/or Operations Manager Gurpreet Singh Maan because safety consultant AjaySingh was present and He advice the carrier (CEO Tejvir Singh and Operations Manager Gurpreet SinghMaan) not to sing any statement and/or agree with any violation noted.

Planned ActionThe following are selected enhanced enforcement action(s): Notice of Claim (CA-2020-0174-US1054)Enforcement is planned for the following violation(s) and/or part(s) (if applicable):

395.8(e)(1) Making, or permitting a driver to make, a false report regarding duty status.

Comments

Documents Provided to CarrierCompleted Date: 3/13/20List of materials provided to the motor carrier: Investigation Report, Table of Violations

CommentsIndicate if an amendment was made to the compliance investigation report after the close-out and provide an explanation of thechanges made to the report. The method used to provide the motor carrier with an amended copy was as follows:

No amendment was made to the compliance investigation report.

General comments:

The report was send to the carrier via mail on 03/16/2020. UPS tracking number:1ZA4765A0291475773. The shipper: FMCSA - Shipping to: MAAN BROTHERS TRANS INC, 14307BALLAD DR, CORONA, CA 92880. Package received on 03/17/2020.

Carrier AcceptanceCompany Owners and Partners/Officers/Members of the CompanyThe source of the information for any additional owners or partners/officers/members of the company noted:

The Chief Executive Officer/CFO Tejvir Singh and Gurpreet Singh Maan listed as additional director.California corporate no. C3826160 were available for the closeout on 03/13/2020.


Carrier refused to accept the investigation report: YesCloseout was performed with the highest ranking official: YesGeneral comments:

During the compliance review closeout both individuals Tejvir Singh and Gurpreet Singh Maan follow thedirection of safety consultant Ajay Singh not to sign the statement(s) provided to the carrier nor agreedthe violation presented of false record of duty status noted. Safety consultants Mike Sharma stated thatit was preferable to give the Maan Brothers Trans Inc an unsatisfactory rating for this compliance reviewto expedite the corrective action process.The report was send to the carrier via mail on 03/16/2020. The package was received by the carrier on03/17/2020.


Name Date of Birth License Information Phone Employment Dates Sampled For


3/22/2019-Present Hours-of-ServiceCompliance(12/17/2019-1/15/2020 andCDLIS Check

Notes: Driver Time Record. Carrier stated that the driver operated 100 air-mile radius of the normal work reporting location. Exempt from therequirements of 395.8 and 395.11.

MANJIT SINGH State: CANumber:Has CDL: Yes

12/30/2019-Present CDLIS Check

SATVIR SINGH State: CANumber:Has CDL: Yes

6/26/2019-9/15/2019 CDLIS Check

SATINDER SINGH State: CANumber:Has CDL: No

-Present

GURPAL SINGH State: CANumber:Has CDL: Yes

8/21/2019-Present CDLIS Check

AMANDEEP SINGH State: NYNumber:Has CDL: Yes

8/21/2018-8/2/2019 CDLIS Check

BALWINDER SINGH State: PANumber:Has CDL: Yes

9/23/2018-9/28/2019 CDLIS Check

AMRIK SINGH State: PANumber:Has CDL: Yes

10/21/2018-9/28/2019 CDLIS Check


Unit Configuration VIN Plate Leased/Owned ELD/AOBRD Sampled For

Year: 2012Make: FRHTModel:GVWR:

Model:Year:

2021 TrailersYear: 2017Make: UTILModel:GVWR:

1UYVS2538HU808214 ID-TH4318 Name:Model:Year:

2023 TrailersYear: 2018Make: WANCModel:GVWR:

1JJV532B9JL048983 CA-4RL9254 Name:Model:Year:


1JJV532B7JL049050 CA-TEMP Name:Model:Year:

2401/WHT Truck TractorsYear: 2016Make: KWModel:GVWR:

1XKYDP9X8GJ116670 CA-WP82859 Name:Model:Year:

2402/WHT Truck TractorsYear: 2016Make: KWModel:GVWR:

1XKYDP9XXGJ116671 CA-WP82860 Name:Model:Year:



2405/RED Truck TractorsYear: 2014Make: FRHTModel:GVWR:

3AKJGLD52ESFR5673 WA-69741RP Name:Model:Year:

2406 Truck TractorsYear: 2018Make: FRHTModel:GVWR:

3AKJHHDR2JSJY9929 CA-XP12116 Name:Model:Year:

2407 Truck TractorsYear: 2018Make: FRHTModel:GVWR:

3AKJHHDR4JSJY9933 CA-XP12117 Name:Model:Year:


1JJV532B8CL662197 ME-2292858 Name:Model:Year:

RED 250 Truck TractorsYear: 2013Make: PTRBModel:GVWR:

1XPHD49X9DD179411 WA-65198RP Name:Model:Year:

WHT 2022 TrailersYear: 2011Make: UTILModel:

1UYVS2531CU428186 ID-TH4317 Name:Model:Year:



GVWR:

DOT: 2858187 MC957085 Page 1 of 1

U.S. Department ofTransportation1200 New Jersey Ave. S.E.Washington, D.C. 20590

March 31, 2020Federal Motor CarrierSafety Administration In reply refer to:

USDOT Number: 2858187Review No.: 1659803/CR

MAAN BROTHERS TRANS INCP O BOX 6497NORCO, CA 92880

Dear Motor Carrier:

The proposed motor carrier safety rating for your company is:

CONDITIONAL

This proposed CONDITIONAL rating is the result of an onsite compliance review and evaluation of your safety fitnesscompleted on March 13, 2020. A CONDITIONAL rating indicates that your company does not have adequate safetymanagement controls in place to ensure compliance with the safety fitness standard that could result in occurrences ofviolations listed in 49 C.F.R. 385.5(a-k).

This proposed CONDITIONAL rating becomes a final rating and goes into effect on May 31, 2020.

Immediate action must be taken to correct any deficiencies or violations discovered during the compliance review. Youroperation was found to be deficient with respect to the applicable safety regulations in the following areas:

Part 395 HOURS OF SERVICE OF DRIVERS

Please refer to the copy of the compliance review left at your office for more specific guidance regarding areas in need ofcorrective action.

You may obtain further information from the local Federal Motor Carrier Safety Administration office listed below:

U.S. Department of TransportationFederal Motor Carrier Safety Administration1325 J STREET, SUITE 1540SACRAMENTO, CA 95814Telephone No.: 916-930-2760

Sincerely,

Joseph P. DeLorenzoDirector, Office of Enforcement and Compliance

MAAN BROTH - Regulations.gov

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