FMCSA shuts down carrier, driver for drug, CDL violations

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Trucking news and briefs for Tuesday, Dec. 7, 2021:

South Dakota-based carrier, driver shut down for various violations

A South Dakota-based owner-operator has been effectively shut down by the Federal Motor Carrier Safety Administration following drug and alcohol and driver qualification violations.

An FMCSA investigation found Rapid City, South Dakota-based Hall Trucking and owner Clayton Hall “to be egregiously noncompliant with multiple federal safety regulations,” including drug and alcohol use and testing, CDL standards, qualification of drivers and driving of commercial vehicles.

In June 2020, Hall tested positive for amphetamines, FMCSA said, and was notified that he was prohibited from driving a CMV until he completed the required return-to-duty process overseen by a Substance Abuse Professional. Hall’s drug test result was also reported in FMCSA’s CDL Drug and Alcohol Clearinghouse.

Despite the disqualification, Hall continued to drive a truck on at least 20 occasions, including at least three interstate trips in October 2021.

FMCSA investigators further found that a Hall Trucking employee driver did not have a current medical examiner’s certificate required by federal regulations for interstate commercial operations. Additionally, the individual possessed an “intrastate only” CDL, which did not allow him to legally operate a CMV outside South Dakota state boundaries. Despite these prohibitions, the individual, on at least three occasions in 2021, was dispatched by Hall on commercial interstate trucking trips.

Failing to comply with the provisions of the federal imminent hazard order could result in civil penalties of up to $28,142 for each violation. Hall Trucking may also be assessed civil penalties of at least $11,256 for providing transportation in interstate commerce without operating authority registration, and up to $15,876 for operating a CMV in interstate commerce without USDOT Number registration. 

More ELD providers now certified on Canadian registry

As reported earlier in the year, Canada's electronic logging device mandate's June compliance date for required carriers to begin using an approved ELD came and went without a single device listed on the nation's device registry.

Earlier in the year, that had prompted the Canadian Transport Ministry to pump the brakes on enforcement of the mandate. The nation's transport minister announced an intent to work with industry and others on details of a "progressive enforcement period" to begin with "education and awareness" exclusively.

As of today, seven providers have a total of eight devices on the registry, having undergone the required third-party approval process. Among them were well-known names in the U.S. e-log market like Samsara, Trimble and its PeopleNet system, and Pedigree Technologies, among others. 

Samsara noted its existing customers can now choose to activate mandate-specific ELD features at any time during the progressive enforcement period. 

The Canadian government has signaled its initial enforcement period would last at least through June of 2022 as more already-in-use devices are certified. 

You can keep tabs on the Canadian ELD registry via this link. 

Tire, rim compliance issue prompts Freightliner, Western Star recall

Daimler Trucks North America has recalled approximately 413 trucks in which the tires and rims are not approved and rated for the trucks from the Tire and Rim Association or tire manufacturer, according to National Highway Traffic Safety Administration documents.

As such, the affected trucks fail to comply with the requirements of Federal Motor Vehicle Safety Standard number 120, "Wheels and Rims-Other Than Passenger Cars."

The recall affects certain model year 2011-2022 Freightliner SD 108 and Freightliner SD 114 models; 2016 Freightliner Coronado trucks; 2011-2022 Western Star 4900 and Western Star 6900 models; 2013-2022 Western Star 4700 models; and 2022 49X trucks.

The remedy for the recall is currently under development. Owners can contact DTNA customer service at 1-800-547-0712 with recall number FL-908. NHTSA’s recall number is 21V-896.