A California-Based carrier was shut down by FMCSA after one of their truck drivers was involved in a deadly crash.
Companies with CDL drivers should pay special attention to the violations listed in the article summarized below. There are large fines and penalties associated with non-compliance with regulations of the Federal Motor Carrier Safety Administration (FMCSA).
“Indio, California-based Manrique Agramon, doing business as Monique Trucking, was declared an imminent hazard to public safety and ordered out-of-service by the Federal Motor Carrier Safety Administration following a deadly June 11 crash.
On that day, an employee of Monique Trucking was hauling in Colorado when the driver failed to properly maneuver around other vehicles and caused a crash involving six vehicles. One of the drivers of the vehicles involved was killed and others were injured.
Following the crash, FMCSA concluded that Monique Trucking is “egregiously noncompliant with the Federal Motor Carrier Safety Regulations (FMCSRs) and has been cited with numerous serious violations of the FMCSRs in an investigation and in roadside inspections.”
Specifically, FMCSA said the company:
- did not have in place a Controlled Substances and Alcohol Use Testing Program;
- was not registered in the FMCSA Drug and Alcohol Clearinghouse;
- failed to ensure that the driver employed met CDL standards;
- failed to comply with hours of service requirements; and
- failed to comply with vehicle maintenance and inspection standards;
- demonstrated a lack of knowledge of safety regulations despite receiving multiple roadside violations in the two years preceding the June 11 crash;
- lacks safety management controls to ensure that its drivers are qualified to operate its CMVs, that its drivers operate its CMVs safely, or that its CMVs are in safe operating condition.”
Failing to comply with the provisions of the order may result in civil penalties of up to $33,252 for each violation, FMCSA said. Motor carriers may also be assessed civil penalties of not less than $13,300 for operating in interstate commerce without operating authority registration, and up to $18,758 for operating a CMV in interstate commerce without USDOT Number registration. Knowing and/or willful violations may result in criminal penalties.”
James P. Randisi, President of Randisi & Associates, Inc., has been helping employers protect their clients, workforce and reputation through implementation of employment screening and drug testing programs since 1999. This post does not constitute legal advice. Randisi & Associates, Inc. is not a law firm. Always contact competent employment legal counsel. To learn more about the rights of employees who test positive for marijuana, Mr. Randisi can be contacted by phone at 410.336.0287 or Email: info@randisiandassociates.com or the website at randisiandassociates.com
