December 14, 2017

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FMCSA Declares Washington State-based Trucking Company and Its Driver to be Imminent Hazards to Public Safety

THIS POST WAS ORIGINALLY PUBLISHED ON THIS SITE Click Here To Read Entire Article

WASHINGTON, Dec. 7, 2017 /PRNewswire-USNewswire/ — The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has ordered a Tumwater, Washington-based trucking company, Even Flo Logistics, LLC, USDOT No. 2948660, to immediately cease all interstate and intrastate operations after investigators found the company to pose an imminent hazard to public safety. 

A separate imminent hazard order was also served by FMCSA to Even Flo Logistics’ truck driver Shawn Roberts, a state of Washington commercial driver’s license (CDL) holder.  The federal order prohibits Roberts from operating any commercial motor vehicle (CMV) in interstate commerce.

In August 2017, the Washington State Patrol’s Motor Carrier Safety Division conducted a compliance investigation of Even Flo Logistics following roadside inspections occurring in multiple states since January 2017 that revealed repeated serious safety violations requiring that its truck driver Shawn Roberts be placed out-of-service at rate more than 13 times the national average. 

Numerous serious violations of federal safety statutes and regulations were discovered, including:

Failing to comply with certain driver qualification requirements, including ensuring that its drivers were properly licensed to operate a CMV.  Investigators discovered that on at least two occasions when Roberts possessed a CDL learner’s permit only, the company allowed him to operate a truck without a licensed CDL driver with him as required.  During October 2017 when Roberts’ CDL had been suspended and/or withdrawn by the State of Washington, Even Flo Logistics allowed Roberts on at least one occasion to operate a truck in interstate commerce. Failing to properly monitor its drivers to ensure compliance with maximum hours-of-service (HOS) requirements prohibiting fatigued operation of CMVs.  Since January 2017, Even Flo Logistics’ driver Roberts has been subjected to 12 roadside inspections.  Roberts was cited for HOS violations in 10 of these inspections. Failing to ensure it has negative pre-employment controlled substances/alcohol tests results prior to allowing drivers to operate CMVs; failing to ensure its drivers are tested within the required period when selected for controlled substances/alcohol random testing; failing to require post-accident controlled substances/alcohol testing of its driver.

Based on the violations discovered during the Washington State Patrol investigation, the motor carrier was issued a final federal safety rating of “Unsatisfactory” and ordered to cease operations effective October 10, 2017.  The motor carrier subsequently operated on at least two occasions in violation of this federal order.

The FMCSA imminent hazard out-of-service order to Even Flo Logistics stated that

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