A former U.S. DOT safety investigator turned carrier consultant has been sentenced for falsifying a client’s logbooks in order to keep the trucking company out of trouble with the FMCSA for not complying with HOS laws.
Brylski worked as a safety inspector for the FMCSA from 1987 to 1999 in the Raleigh, North Carolina office.
Assistant U.S. Attorney Cliff Barrett told Land Line, “That’s the same office that investigated him.”
James “Jim” Brylski, owner of DOT Advisor Inc., was sentenced by the North Carolina U.S. District Court on June 15, 2012 to 12 months of probation and fined $3,000 plus a $100 assessment, Land Line Magazine reported.
The company Brylski was trying to keep out of trouble with the FMCSA, Mabe Trucking Inc. of Eden, North Carolina, was also placed on a five-year probation and fined $8,000 plus a $400 assessment.
In addition to the probation and fines, Mabe Trucking is required to purchase, install and activate EORBS for all of its trucks. The company is also required to comply will all FMCSA regulations and must submit to random inspections of equipment, building and property by the FMCSA.
Mabe Trucking Inc.’s owner and President Roger Dale (Butch) Mabe Jr. was sentenced to a 12-month probation plus a fine of $2,000 and an $100 assessment fee.
“’It’s unfortunate that the court is finding a false sense of security in believing that electronic on-board recorders will deter offenses such as those committed by the former inspector,’ OOIDA Executive Vice President Todd Spencer said. “The criminal element bent on running illegally will always find a way to appear legal, be it on paper or electronically,’” Land Line magazine reported.
According to Land Line, Brylski pleaded guilty to falsifying driver’s records of duty status while working as a consultant for the trucking company from 2007 to 2010.
“FMCSA’s Safety Measurement System reveals that of Mabe’s 160 trucks and 200 drivers, violations in the last two years include 15 instances of driving more than 11 hours, 22 occurrences of driving after 14 hours on duty, three cases of breaking the 60/70 hour rule, 13 log violations, one occasion of no record of duty status, four instances of false logbooks, 37 incidents of logbooks not current, and six occurrences of drivers failing to retain the previous seven days’ logs,” Land Line Magazine reported.