Because of repeated failed roadside inspections, Even Flo Logistics LLC, Tumwater, Wash., has been declared an imminent hazard to public safety and ordered by the Federal Motor Carrier Safety Administration to immediately cease all interstate and intrastate operations.
The FMCSA also declared Even Flo Logistics truck driver Shawn Roberts an imminent hazard and prohibited him from operating any commercial motor vehicle in interstate commerce.
In August, the Washington State Patrol’s Motor Carrier Safety Division conducted a compliance investigation of Even Flo Logistics after a series of inspections since January showed evidence of a problem.
Among the detected infractions:
- On at least two occasions when Roberts possessed only a CDL learner’s permit, the company allowed him to operate a truck without a licensed CDL driver with him as required.
- During October, when Roberts’ CDL had been suspended and/or withdrawn by the state of Washington, Even Flo Logistics allowed Roberts on at least one occasion to operate a truck in interstate commerce.
- Since January, Roberts had been cited for hours-of-service violations in 10 of 12 roadside inspections.
- Even Flo Logistics failed to make sure it had negative pre-employment controlled substances/alcohol tests results before allowing drivers to operate commercial motor vehicles and also failed to conduct random testing for controlled substances and alcohol and failed to require post-accident controlled substances/alcohol testing of its driver.
- The company also failed to get negative pre-employment controlled substances/alcohol tests results before allowing drivers to a operate commercial vehicle and to ensure its drivers are tested within the required period when selected for controlled substances/alcohol random testing and to require post-accident controlled substances/alcohol testing of its driver.
Because of the violations discovered during the Washington State Patrol investigation, Even Flo Logistics was ordered to cease operations on Oct. 10. However, the motor carrier subsequently operated on at least two occasions in violation of the order.
Even Flo Logistics faces civil penalties of up to $26,126 for each violation of the out-of-service order. The carrier also may be assessed civil penalties of not less than $10,000 for providing transportation requiring federal operating authority registration and up to $14,739 for operating a commercial vehicle in interstate commerce without necessary U.S. DOT registration. If violations are determined to be willful, criminal penalties may be imposed, including a fine of up to $25,000 and imprisonment for a term not to exceed one year.
Separately, Roberts may be assessed civil penalties of up to $1,811 for each violation of operating a commercial motor vehicle in violation of the imminent hazard order. A determination of knowing and/or willful violation of the order also may result in criminal penalties.
The FMCSA also reports that Roberts is facing drug-related criminal charges in Arizona and Wyoming and that since January he has been involved in four crashes while operating a commercial motor vehicle.
The agency also reports that in May that Roberts allegedly posted a photograph on social media of a 12-year-old operating a commerical motor vehicle. Also, according the the FMCSA, Roberts in July allegedly 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.”
Copyright © OOIDA