Drivers indicted for HOS violations

| Friday, August 01, 2003

The U.S. Department of Justice July 30 announced nine separate indictments against eight truckdrivers, one trucking company dispatcher and one trucking company, citing hours-of-service violations.

If convicted, each defendant faces a possible maximum sentence per count of five years in jail, three years supervised release and a $250,000 fine.

The indictments against all the truckdrivers allege they falsified their daily logs on a "systematic basis" and exceeded the maximum lawful number of daily driving hours and on-duty hours without taking the required hours off-duty.

One defendant, Stanley Waddy Jr., drives for Tapscott Trucking in Thornburg, VA. In addition to 10 counts of making false statements to DOT, the indictment alleges Waddy caused a six-vehicle fatal crash in 2001 in which marijuana use was involved and also charges him with one count of using a controlled substance while on duty and performing a "safety sensitive function."

The other seven indicted drivers were employees of David Kistler and Grandson Inc., and its successor company, Ontelaunee Transport Services Inc., Berks County, PA.

The indictment against the company and its dispatcher, Richard Christman, alleges they "allowed, encouraged and caused the Ontelaunee truckdrivers to violate federal highway safety laws by driving more than the maximum lawful number of daily driving hours and on-duty hours without taking the required hours off-duty."

"We will continue to prosecute these cases. We have an obligation to enforce safety laws that are designed to protect the public," Patrick Mechan, U.S. attorney, Eastern District of Pennsylvania.

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