FMSCA Orders South Dakota Trucking Company to Cease Operations

Chris Welsh, Esq.

welsh-law.com

The Federal Motor Carrier Safety Administration (“FMCSA”) has declared the Mitchell trucking company and its owner-driver to be “imminent hazards to public safety” (truckinginfo.com). The federal administration has ordered the South Dakota-based trucking company to cease all commercial operations within South Dakota and between other states.

The order against the driver and company comes after an investigators found the company committed serious violations of federal regulations. Violations included failure to implement random drug and alcohol testing, dispatching intoxicated drivers with blood alcohol

Attorney Chris Welsh

Attorney Chris Welsh

content of 0.04% or greater, and failure to enforce hours-of-service rules design to prevent driver fatigue (for example, maximum on-duty hours) (truckinginfo.com).

In December of last year, the federal order to cease operations and revoked the license of owner Lonnie Roth for previously driving a commercial vehicle while intoxicated. The demand to cease operations became effective Dec. 28, but that didn’t stop Roth from driving. He was found in January to have continued business as usual–driving without a valid commercial driver’s license while in violation of alcohol consumption rules.

Failure to comply with any provision of the order can be a civil penalty up to $25,000 for each offense, but if Roth’s violation is determined to be willful, he could see up to a year in prison.

There are over 3,000,000 commercial truck drivers and 500,000 commercial carriers in the United States (unsafetruck.com). Many of these drivers are under qualified and overworked. If you see an unsafe driver, report it to the FMSCA and the advocacy group, UnsafeTrucks.org.

 

 

 

 

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