Fatal wreck prompts FMCSA to shut down reincarnated company

By Charlie Morasch, Land Line contributing writer | Friday, December 14, 2012

A fatal wreck in North Carolina has offered an apparent window into the ability of some trucking companies to continue operating with no effort to appear compliant with safety regulations.

The Federal Motor Carrier Safety Administration has ordered both ends of a reincarnated motor carrier to shut down after investigations found “flagrant disregard” for multiple regulations, including substance testing and hours of service requirements.

On Thursday, FMCSA ordered Murfreesboro, NC-based Two Dayes Trucking and Two Dayes Transport to immediately cease all commercial motor vehicle operations.

FMCSA’s action comes on the heels of a fatal wreck on Nov. 12. The wreck occurred after company driver William Moore, who worked for Two Dayes Transport, reportedly backed a 2004 International truck with trailer into a private drive owned by the company from a hilly section on U.S. 258.

According to the Roanoke-Chowan News-Herald, 73-year-old Roy Futrell’s pickup slammed into the trailer at about 5:50 p.m. and was subsequently wedged underneath the trailer. Futrell was reportedly pronounced dead at the wreck scene.

Investigators said dirt covered the truck and trailer’s reflective tape.

The agency said the companies, which haul recycled steel and roofing shingles, disregarded federal regulations on vehicle maintenance and repair, driver hours of service, qualifications of drivers, and controlled substance and alcohol use.

“Indeed, Two Dayes Trucking and Two Dayes Transport have no drug and alcohol testing program whatsoever, and none of its two current drivers have passed a pre-employment drug test,” the out-of-service order reads.

After the Nov. 12 wreck, FMCSA found the company was operating under a revoked DOT registration. The company had reincarnated under the name Two Dayes Transport, and was operating without authority and without insurance. The company had no record of ever having maintenance work done on any vehicle or trailer.

Both companies had the same address, company officers and telephone numbers.

“Safety is not optional if you want to operate a truck on our nation’s roadways,” U.S. Transportation Secretary Ray LaHood said, according to a news release. “We will always take action to protect the safety of the traveling public.”

Safety is FMCSA’s number one priority, agency administrator Anne Ferro said in the release.

“If a company’s operations put the lives of the public at risk, we will do everything in our power to shut it down.”

The full out-of-service order is available here.

Copyright © OOIDA

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