On May 7th, the Federal Motor Carrier Safety Administration (FMCSA) declared a Houston-area company an “imminent hazard” to public safety and ordered the motor carrier to immediately cease interstate and intrastate operations.
The company was identified for investigation due to its numerous violations documented by FMCSA and its partners during roadside inspections. According to FMCSA, the carrier had a 40% vehicle out-of-service rate, which is almost double the national average, and a 31.1% driver out-of-service rate, which is over five times the national average.
Would you pass an offsite audit tomorrow? Now is the time to prepare
The FMCSA review found the carrier to be “egregiously noncompliant with multiple Federal safety regulations,” including:
- Controlled Substances and Alcohol Use and Testing (49 CFR Part 382)
- Commercial Driver’s License Standards (49 CFR Part 383)
- Driver Qualification (49 CFR Part 391)
- Unsafe Driving (49 CFR Part 392)
- Driver Hours of Service (49 CFR Part 395)
- Vehicle Inspection, Repair, and Maintenance (49 CFR Part 396)
During its investigation, FMCSA charged the carrier with “a severe lack of oversight of its operations,” pointing out the company could not identify all the drivers and vehicles operating under its authority, and it was not aware its drivers were hauling hazardous materials.
“[The company] failed to ensure its drivers were eligible to drive, allowing six drivers who were already prohibited in the FMCSA’s Drug and Alcohol Clearinghouse to operate on its behalf,” FMCSA wrote.
Clearinghouse enforcement is here to stay. Are you compliant?
According to FMCSA, drivers employed by the carrier have been cited for operating under the influence twice and on-duty possession of drugs or alcohol three times in the past. The carrier did not have any programs in place to detect and deter the use of controlled substances by their drivers, ensure their drivers were qualified and licensed, track their drivers’ hours of service, or check if their vehicles were properly inspected and repaired.
FMCSA’s imminent hazard out-of-service order states that the company’s “…complete and utter disregard for the [federal safety regulations] substantially increases the likelihood of serious injury or death for your drivers and the motoring public if your operations are not discontinued immediately.”
Fleet Shutdowns Are Avoidable – Here’s How
Fortunately, this type of carelessness doesn’t occur with all carriers; however, if being put out of service – or worse, having your fleet shut down – sends shivers down your spine (as it should), you need to make sure your company is 100% compliant. There’s no better way to do that than with Foley’s comprehensive digital platform.
Case Study: How Elberta Improved Hiring and Compliance Processes by Partnering with Foley
To avoid all the above violations, the carrier should have had the following programs in place:
Whether you need one or all of these programs to keep your company safe and compliant, Foley can help ensure you’re never in this unfortunate and dangerous position. Contact us now for a free demo!
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