FMCSA orders Kansas-based carrier to shut down over HOS

By Charlie Morasch, Land Line contributing writer | 9/17/2012

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration has ordered a Kansas-based motor carrier to “immediately cease all transportation services” for serious safety violations.

Saying HP Distribution LLC “posed an imminent hazard to public safety,” FMCSA also stated in a news release that the company’s drivers had extensive hours-of-service violations.

The out-of-service order said the company had repeatedly violated hours-of-service laws, and permitted its drivers to falsify logbooks to hide the violations. The agency’s compliance measurement program, CSA, did not report compliance rankings for HP Distribution showing the in “alert” status, which is the trigger for compliance intervention by the agency through CSA.

“You are fully aware of driver violations through your own log checking reports but have taken no discernible steps to stop driver behavior,” the out-of-service order says. “The evidence demonstrates that you refuse to comply with the hours of service regulations and refuse to require drivers to do the same. As a consequence, you dispatch drivers to the highways in a potentially fatigued or excessively fatigued condition and without regard for their or the public’s safety.”

The Kansas company’s case drew comments from both Transportation Secretary Ray LaHood and FMCSA Administrator Anne Ferro.

“Commercial truck and bus companies that violate federal safety standards and jeopardize public safety will be shut down,” LaHood said, according to the release. “Safety is always our top priority.”

“This case sends a clear message that we will use every tool at our disposal to identify and remove from our roads unsafe truck and bus companies,” FMCSA Administrator Anne Ferro said, according to the release.

Before August, HP Distribution was known as the Hitching Post Steak Co.

The entire out-of-service order can be viewed here.

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