A Washington State carrier and one of its drivers has been shut down by the U.S. Department of Transportation. He had been placed out-of-service at a rate more than 13 times.
The Federal Motor Carrier Safety Administration, FMCSA, today said it has ordered Tumwater, Washington-based Even Flo Logistics, to immediately terminate all interstate and intrastate operations after the company posed an imminent hazard to public safety.
A separate imminent hazard order was served to Even Flo Logistics’ truck driver Shawn Roberts, a state of Washington commercial driver’s license holder, a statement from the FMCSA said. The federal order forbids Roberts from operating any commercial motor vehicle in interstate commerce.
The FMCSA said that in August of 2017, the Washington State Patrol’s Motor Carrier Safety Division directed a compliance investigation of Even Flo Logistics following roadside inspections occurring in various states since January 2017. According to the FMCSA, the investigations revealed repeated serious safety violations requiring that its truck driver Roberts be placed out-of-service at a rate more than 13 times the national average.
Numerous serious violations of federal safety statutes and regulations were discovered, according to the FMCSA. They included:
- Failing to comply with certain driver capability requirements, including having a guarantee that all of its drivers were properly authorized to operate a CMV. Specialists found that on no less than two events when Roberts had a CDL learner’s permit only, the organization allowed him to run a truck without an authorized CDL driver with him as required. During October 2017 when Roberts’ CDL had been suspended 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 requirements. Since January 2017, Roberts has been subjected to 12 roadside inspections and was cited for HOS violations in 10 of those inspections.
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 effectively Oct. 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 the carrier’s ongoing noncompliance with federal safety regulations, combined with the company’s demonstrated lack of safety management controls “significantly increases the likelihood of serious injury or death to its drivers and the motoring public and establishes an imminent hazard.”
In conclusion, the FMCSA statement said:
Among other driver violations of federal safety regulations, Roberts has been cited for operating a CMV in violation of conditions of his CDL learner’s permit; operating a CMV without a valid CDL; being on-duty while under the influence of a narcotic drug/amphetamine, and; possession of an intoxicating beverage while on-duty or driving.
Roberts is also facing drug-related criminal charges in both Arizona and Wyoming. Since January 2017, while operating a CMV, Roberts has been involved in four crashes. In May 2017, Roberts reportedly posted a photograph on social media of a 12-year-old operating a CMV. In July 2017, Roberts reportedly posted a photograph on social media of a clamp attached to the gas pedal along with the caption, “When your cruise control brakes [sic] the fix.”