FMCSA Shuts Down North Carolina Carrier

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.

Excerpt of the out-of-service order issued to Two Dayes Trucking and Transport:

On November 12, 2012, a commercial motor vehicle (“CMV”) operated by Two Dayes Trucking was involved in a fatal crash when the driver of a second vehicle collided with, and became wedged underneath, the CMV. The Two Dayes Trucking CMV was dangerously backing across a hilly section of US 258 at 5:50 p.m. and was attempting to park in Two Dayes Trucking’s residential driveway. The visibility of the CMV was obscured by the dirt covering its reflective tape. On the date of this fatal crash, Two Dayes Trucking was operating in violation of a FMCSA Order that had revoked Two Dayes Trucking’s New Entrant registration and had placed the carrier out-of-service for failure to permit a FMCSA safety audit. A subsequent FMCSA investigation uncovered another carrier, Two Dayes Transport, operating as an incarnate of Two Dayes Trucking out of the same business location. The investigation further revealed that Two Dayes Trucking and Two Dayes Transport have amalgamated operations3 and are operating CMVs in disregard of vital safety regulations and in willful violation of the FMCSA out-of-service order. Two Dayes Trucking continues to currently operate its CMVs in interstate commerce without BIPD insurance and operating authority.

Two Dayes Trucking and Two Dayes Transport do not have a vehicle maintenance program in place to prevent the operation of unsafe CMVs and do not have any vehicle records identifying the CMVs that are currently being operated, including company number, make, serial number, year, and tire size. Two Dayes Trucking and Two Dayes Transport have no mechanism for recording the nature and due dates of vehicle inspections and maintenance operations to be performed and do not have any maintenance receipts showing that repairs have ever been made on their CMVs.

In addition, Two Dayes Trucking and Two Dayes Transport have failed to follow FMCSA driver qualification requirements to ensure that its drivers are qualified to operate a commercial vehicle.

Two Dayes Trucking and Two Dayes Transport have not implemented an alcohol or controlled substances testing program to ensure that its drivers are able to safely operate its CMVs. 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, as required under Federal regulations.

Further, Two Dayes Trucking and Two Dayes Transport do not monitor their drivers’ hours of service to ensure that the drivers do not violate hours-of-service regulations.

Two Dayes Trucking and Two Dayes Transport do not require its drivers to prepare and submit all records of duty status. Two Dayes Trucking’s and Two Dayes Transport’s negligent oversight of its drivers results in drivers operating CMVs at a time when they may be fatigued because of driving in excess of the maximum driving time, driving after the maximum on-duty time, and/or other hours-of-service regulations.

Two Dayes Trucking’s and Two Dayes Transport’s continued and blatant disregard for the FMCSRs establishes an imminently hazardous and potentially deadly risk for its drivers and the motor public.

“Safety is our number one priority,” said FMCSA Administrator Ann Ferro. “If a company’s operations put the lives of the public at risk, we’ll do everything in our power to shut it down.”