FMCSA Has Ordered Colorado Trucking Company OOS

Yesterday, the FMCSA ordered Colorado carrier E & K Trucking, Inc., out of service, stating the carrier has proven to be an imminent hazard to the public’s safety.

E & K trucking operates a small fleet of trucks out of Commerce City, Colorado.  The company primarily hauls construction scrap and debris.

In December 2012, the FMCSA ordered the carrier to cease operations and revoked the company’s operating authority.  Despite the order, the FMCSA found that the company was still operating and in direct violation with the FMCSA’s order.

An investigation of the carrier revealed that the company did not routinely inspect, maintain or repair its vehicles.  Each vehicle that was inspected by the FMCSA was placed OOS for serious safety violations.

In addition, investigators found the company failed to conduct background checks on its drivers or to ensure that the drivers were medically qualified.

“We will not allow unsafe truck and bus companies to endanger the public,” said Transportation Secretary Ray LaHood. “We will use all means possible to remove unsafe commercial vehicles from our highways and roads.  There is no higher priority than safety.”

The owners of E & K will now face fines of up to $25,000, plus criminal charges and imprisonment, if they refuse to comply with the order.

Excerpt from the FMCSA order:

E & K TRUCKING also uses drivers that do not possess valid commercial driver’s licenses and drivers that have not been medically examined and certified. Additionally, E & K TRUCKING uses drivers despite not having ensured the driver is qualified to operate a commercial motor vehicle, including drivers where E & K TRUCKING has not made required checks into the drivers’ driving record.

Moreover, E & K TRUCKING continues to transport property in and affecting interstate commerce despite being subject to an Unsatisfactory safety rating, an FMCSA Order to Cease Operations, and the revocation of its operating authority registration. E & K TRUCKING has conducted nearly daily trips transporting property in commercial motor vehicles in interstate and intrastate commerce after the effective date of the Unsatisfactory safety rating, FMCSA Order to Cease, and registration revocation. Investigators have verified that E & K TRUCKING is aware of its final Unsatisfactory safety rating, and FMCSA’s Order to Cease and revocation of authority; E & K TRUCKING has indicated to investigators that it has no plans or intentions of ceasing transportation operations.

E & K TRUCKING’s actions, its lack of basic safety management controls, and the noncompliant, unsafe and dangerous condition of E & K TRUCKING’s commercial motor vehicles substantially increases the likelihood of serious injury or death. This condition of operations is an imminently hazardous and potentially deadly risk for E & K TRUCKING’s drivers and for the motoring public.