FMCSA declares South Dakota trucking company and driver to be imminent hazards to public safety

Maria

Diet Coke
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WASHINGTON — The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has declared a Mitchell, South Dakota-based trucking company, Lonnie Roth, USDOT No. 2461387, and separately its owner, Lonnie Roth, as a commercial driver, to be imminent hazards to public safety and ordered the company and the driver to immediately cease all interstate and intrastate commercial operations.

“There is no higher priority than safety,” said U.S. Transportation Secretary Anthony Foxx. “We demand that truck and bus companies and their drivers comply with our common sense safety regulations or they will be prohibited from operating on our roadways.”

In October 2014, FMCSA safety investigators completed a compliance investigation of the Lonnie Roth trucking company that resulted in an unsatisfactory safety rating.

Serious violations of federal regulations were found during the investigation, including dispatching a driver known to have an alcohol concentration of 0.04 or greater, failing to implement a random testing program of drivers for controlled substances and alcohol use, and failing to ensure that its drivers complied with federal Hours of Service regulations, including limitations on daily driving and maximum on-duty hours. A federal order requiring the company cease operations became effective December 28, 2014.

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WASHINGTON — The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration .

“We demand that truck and bus companies and their drivers comply with our common sense safety regulations or they will be prohibited from operating on our roadways.”

Find one.

Serious violations of federal regulations were found during the investigation, including dispatching a driver known to have an alcohol concentration of 0.04 or greater, failing to implement a random testing program of drivers for controlled substances and alcohol use,

Seems to me the companies testing methods were in place. Maybe not to FMCSA standards but if the owner is drinking with the boys he probably knows they passed.

...and failing to ensure that its drivers complied with federal Hours of Service regulations, including limitations on daily driving and maximum on-duty hours. A federal order requiring the company cease operations became effective December 28, 2014
.

Say it ain't so! He kept working after a .....FEDERAL ORDER ....was issued?! I thought that type of order would stop ISIS!?
 

Seems to me the companies testing methods were in place. Maybe not to FMCSA standards but if the owner is drinking with the boys he probably knows they passed.
Seems to me it was a one-truck, one-driver O/O operation, the guy got a DUII somewhere or caused a crash while drunk driving a semi and FMCSA used generic form-letter wording in the OOS order.
 
How can the feds order him to cease intrastate operations?

That's South Dakota's business, not the feds.

He should sober up & haul intrastate & just carry an AR-15 in case the feds attempt to enforce something they have no authority to enforce.
 
How can the feds order him to cease intrastate operations?

That's South Dakota's business, not the feds.

He should sober up & haul intrastate & just carry an AR-15 in case the feds attempt to enforce something they have no authority to enforce.
He's a SD operator, he crashed in MN. That's interstate. Therefore, FMCSA has the authority to cancel his DOT/MC numbers and order him to shut down his operation. Not quite sure how he's going to operate anyway, with a totaled truck insurance probably won't cover since he was drunk driving it.
 
He's a SD operator, he crashed in MN. That's interstate. Therefore, FMCSA has the authority to cancel his DOT/MC numbers and order him to shut down his operation. Not quite sure how he's going to operate anyway, with a totaled truck insurance probably won't cover since he was drunk driving it.
He can have it towed home to SD. Or get another truck.

But:

Separately, on December 5, 2014, Roth’s South Dakota-issued CDL was revoked by the state for having operated a commercial motor vehicle while under the influence of alcohol

So that's that. South Dakota done gone & shut him down too.

Still, the feds ain't got the authority to shut down an intra-state operation.
 

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