FMCSA Shutdowns for 2012

It’s been a busy month for the FMCSA. This month, new enhancements to CSA went into effect and the agency shutdown several carriers.  In fact, 2012 was a busy year for the agency.  In 2012, FMCSA shutdown more nearly 20 carriers and 32 passenger carriers.

December 26, 2012- Aglemorage Services Inc.:

FMCSA has ordered Atlanta- based passenger carrier Aglemorage Services Inc. to immediately cease all operations following what the FMCSA calls “a pattern of serious safety violations that pose an imminent hazard to public safety.”

According to the out-of-service order, Aglemorage failed to monitor and ensure that its drivers comply with HOS requirements, failed to keep records of drivers status of duty, driver’s qualifications, drivers’ controlled substance and alcohol testing and failed to meet the agency’s vehicle maintenance, inspection and repair records.

Aglemorage is an interstate passenger carrier that transports passengers from Atlanta to Chinatown in New York.

“These patters of violations substantially increase the likelihood of serious crashes, which endanger Aglemorage Service’s drivers, passengers and the traveling public.”

December 13, 2012- Two Dayes Trucking, Two Dayes Transport: 

The FMCSA has put the brakes on Two Dayes Trucking and Two Dayes Transport, based in Murfreesboro, North Carolina.  In a statement released by the FMCSA, the agency called Two Dayes Trucking and Transport an imminent hazard to the public, citing several safety violations.

On November 12, 2012, a driver for Two Dayes Trucking was involved in a fatal accident.  The Department of Transportation found that the company had been operating under a revoked DOT registration and that the carrier had reincarnated as Two Dayes Transport.

According to the FMCSA’s final order to Two Dayes Trucking and Transport, Two Dayes Trucking failed to issue drug and alcohol testing to drivers, does not monitor driver’s hours of service, no require its drivers to keep a record of hours and the company does not maintain vehicle maintenance logs.

“FMCSA is raising the bar to stay in the trucking and bus industry,” said FMCSA Administrator Anne S. Ferro. “Safety cannot be compromised. Adhere to the safety regulations, or you will be shut down.”

December 7, 2012: Ben Gordon Enterprises LLC.:

The FMCSA has ordered Ben Gordon Enterprises LLC d.b.a. Gordon’s Tree Service of Slidell, Louisiana to immediately cease all operations.

“Safety cannot be compromised. Adhere to the safety regulations, or you will be shut down.”

Despite being placed out of service in October 2007  for failing to perform drug and alcohol tests, allowing drivers without CDLs or medical licenses to operate vehicles, failure to maintain an accident register, and failure to perform vehicle inspection reports, Ben Gordon Enterprises continued operating.

December 7, 2012: LEX Express Inc.:

On October 22, 2012, the FMCSA issued a statement to LEX Express, of Illinois, stating that the company had numerous safety violations, including falsifying reports of duty status and using vehicles that did not have frequent inspections.

FMCSA prohibited LEX Express from operating its fleet of 30 vehicles unless a corrective plan was submitted by the company and approved by the FMCSA.

On Friday, November 30, LEX Express submitted a 600-page safety management plan, which the FMCSA is currently reviewing.

LEX’s owner Robert Frazier told the Daily Illii that the entire incident is a misunderstanding.

“That’s what the Department of Transportation is supposed to do — to come in, identify problems that need to be corrected and have you correct those problems,” Frazier told the paper. “That is what you call government regulation. But this is what you call government destruction, not regulation.”

December 5, 2012- Trusted Moving and Storage: 

The FMCSA has ordered Trusted Moving and Storage d.b.a. Nationwide Top Movers (Trusted Moving and Storage) of Santa Clara, California, to return household goods to the original shippers.

According to the FMCSA’s statement, Trusted Moving and Storage has been holding the goods hostage.

This is the first the FMCSA has had the authority to order goods be returned.  Under the new MAP-21 regulations, the FMCSA now has the power to order household moving companies to return items to shippers.

“This order follows an extensive investigation of the company’s operations which discovered that Trusted Moving and Storage is holding hostage household goods of individual shippers and alleges violations of federal household goods motor carrier statutes and regulations. The order is the first time FMCSA has used new enforcement granted to the agency under the federal surface transportation reauthorization program known as MAP-21,” the statement says.

“FMCSA has also initiated a proceeding to suspend Trusted Moving and Storage’s authority to operate in interstate commerce as a household goods motor carrier.”

Fifty-four individual shippers reported to the FMCSA that Trusted Moving and Storage refused to return their household goods, because of estimate disputes, even after payment had been made.

“Consumers should not have to fear the loss of their property at the hands of non-compliant household goods movers,” said U.S. Transportation Secretary Ray LaHood.”

On November 27, 2012, the FMCSA revoked Trusted Moving and Storage’s operating authority for failure to comply with the federal financial responsibility requirements.

December 5, 2012- Peace of Mind Relocation Inc.: 

FMCSA announced it has began the process of suspending the operating authority of Peace of Mind Relocation Inc., of Oxnard, California, after the agency had received reports that the carrier had held shipper’s household goods hostage.

“FMCSA’s final agency order determined that Peace of Mind Relocation, Inc.’s refusal to give up possession of the shippers’ household goods constituted a knowing and willful failure to give up possession of the household goods in violation of its estimate and contract after the shippers tendered payment,” FMCSA said in a statement.

“Consumers should not have to fear the loss of their property at the hands of non-compliant household goods movers,” said U.S. Transportation Secretary Ray LaHood. “Companies that violate federal regulations and take advantage of consumers will be held accountable and they will face serious legal and financial consequences.”