FMCSA orders driver, trucking company, off the road for HOS violations, substance abuse, and social media posts

The FMCSA announced that it has ordered a Washington-state based truck driver and his company to immediately cease all operations after a series of roadside inspections placed the driver out of service at over 13 times the national average for serious safety regulation violations.

Washington based trucking company Even Flo Logistics and driver Shawn Roberts were both declared an imminent hazard to public safety, according to an FMCSA news release from December 7.

Roadside Inspections Lead To Investigation Into Trucker, Carrier

According to the release, the Washington State Motor Carrier Safety Division launched an investigation into Evan Flo after a series of roadside inspections in several states resulted in driver Roberts being placed out of service at a “rate more than 13 times the national average.”

Truck Driver Had Drug And Licensing Violations

The investigation into Roberts turned up a series of serious violations, including:

–Operating a commercial motor vehicle in violation of the conditions for a CDL learner’s permit.

–Operating a commercial motor vehicle without a valid CDL.

–Being on-duty while under the influence of a controlled substance.

–Possession of an intoxicating beverage while being on-duty or driving.

The FMCSA went on to point out other disturbing facts that their investigation uncovered:

“Roberts is also facing drug-related criminal charges in both Arizona and Wyoming. Since January 2017, while operating a CMV, Roberts has been involved in four crashes. In May 2017, Roberts reportedly posted a photograph on social media of a 12-year-old operating a CMV.  In July 2017, Roberts reportedly posted a photograph on social media of a clamp attached to the gas pedal along with the caption, “When your cruise control brakes [sic] the fix.”

The investigation into Even Flo also uncovered numerous violations, including:

— “Failing to comply with certain driver qualification requirements, including ensuring that its drivers were properly licensed to operate a CMV.  Investigators discovered that on at least two occasions when Roberts possessed a CDL learner’s permit only, the company allowed him to operate a truck without a licensed CDL driver with him as required.  During October 2017 when Roberts’ CDL had been suspended and/or withdrawn by the State of Washington, Even Flo Logistics allowed Roberts on at least one occasion to operate a truck in interstate commerce.”

— “Failing to properly monitor its drivers to ensure compliance with maximum hours-of-service (HOS) requirements prohibiting fatigued operation of CMVs.  Since January 2017, Even Flo Logistics’ driver Roberts has been subjected to 12 roadside inspections.  Roberts was cited for HOS violations in 10 of these inspections.”

–“Failing to ensure it has negative pre-employment controlled substances/alcohol tests results prior to allowing drivers to operate CMVs; failing to ensure its drivers are tested within the required period when selected for controlled substances/alcohol random testing; failing to require post-accident controlled substances/alcohol testing of its driver.”

The FMCSA warns that a violation of the out of service order by either Roberts or Even Flo could result in serious civil or criminal penalties.