2022Transportation

Written By ESR News Blog Editor Thomas Ahearn

The U.S. Department of Transportation (USDOT) Federal Motor Carrier Safety Administration (FMCSA) has declared a motor carrier located in Orange, Connecticut, to be an “imminent hazard” to public safety and ordered it to cease all interstate and intrastate operations in an Imminent Hazard Order served on June 23, 2022.

FMCSA’s imminent hazard order stated that the basis for finding that the motor carrier posed an imminent hazard to the public was its continued widespread noncompliance with Federal safety regulations including regulations in 49 CFR Part 382, 49 CFR Part 383, 49 CFR Part 391, and 49 CFR Part 396.

During a Compliance Investigation, FMCSA safety investigators discovered extensive acute and/or critical violations. Cumulatively, these violations demonstrated the motor carrier’s lack of effective safety management controls and significantly increased the likelihood of death or serious injury if not discontinued immediately.

While the Compliance Investigation was ongoing, the motor carrier dispatched a driver to drive a commercial motor vehicle (CMV) for which a commercial driver’s license is required. At the time of dispatch, the motor carrier had in its records a copy of the driver’s license that showed it was expired.

While attempting to navigate a sharp curve, the CMV slid into a ditch and overturned. Both the driver and his passenger were killed in the crash. Witnesses reported that the CMV’s brakes were smoking before the crash, and a post-crash inspection discovered several out-of-service vehicle conditions.

Local law enforcement is still in the process of investigating this crash. Failing to comply with the provisions of the Federal imminent hazard order may result in civil penalties of up to $29,893. Knowing and/or willful violations may result in criminal penalties. A copy of the imminent hazard order is available here.  

Employment Screening Resources (ESR) is a service offering of ClearStar, a leading Human Resources technology firm that offers background checks, drug tests, and occupational health screening. ClearStar transportation background checks provide a full suite of services for the industry. To learn more, contact ClearStar.

NOTE: Employment Screening Resources (ESR) – a service offering of ClearStar – does not provide or offer legal services or legal advice of any kind or nature. Any information on this website is for educational purposes only.

© 2022 Employment Screening Resources (ESR) – A Service Offering of ClearStar – Making copies of or using any part of the ESR News Blog or ESR website for any purpose other than your own personal use is prohibited unless written authorization is first obtained from ESR.

Share on Social Media