Carrier ordered out of service for “complete and utter lack of compliance” with FMCSA regulations
A Georgia-based trucking company has been declared an imminent hazard to public safety by the Federal Motor Carrier Safety Administration for a laundry list of offenses including illegally reincarnation, substance abuse screening violations, and failure to properly record and monitor their drivers’ record of duty status.
Daya Trucking was issued a federal out of service order on April 23 after authorities discovered that the company was a reincarnated version of Ekam Truck Lines. The FMCSA says that Ekam received an Unsatisfactory safety rating in 2017 and reincarnated into Daya Trucking in order to avoid complying with the required actions needed to improve the safety rating. The FMCSA responded to this discovery by merging the safety records of Daya and Ekam and placing both companies out of service.
A compliance investigation into Daya reportedly uncovered a variety of violations. Here are some of the highlights from their findings:
- Between Jan. 1, 2018, and Feb. 28, 2018, Daya’s non-compliant Automatic On-Board Recording Devices (AOBRD) system recorded 4,802 hours of unidentified driving time resulting from 51 instances of drivers unplugging or disabling the recording mechanisms.
“Investigators found an instance in which a Daya driver recorded his off-duty time commencing in Orangeburg, South Carolina. After disconnecting the AOBRD, the driver continued operating his vehicle. Global positioning system (GPS) records showed the vehicle leaving South Carolina, passing through Georgia and Florida, before arriving in Brewton, Alabama, where the driver reconnected the AOBRD. The following day, the same driver, after crossing Mississippi and now near Ruston, Louisiana, again recorded that he was commencing his off-duty time, however, he again disconnected the AOBRD and continued driving through Louisiana and across Texas before arriving in New Mexico, as documented by GPS records.”
- Investigators found that Daya allowed seven drivers to operate a commercial motor vehicle (CMV) before receiving negative pre-employ tests as required by federal safety regulations. Four drivers known to have tested positive for controlled substances were found to have been dispatched by Daya.
- Investigators found instances of five drivers without a current commercial driver’s license (CDL) or in possession of a suspended CDL, nevertheless, being allowed to operate a commercial motor vehicle.
- In the past 12 months, Daya vehicles have been placed out-of-service at a rate of 46 percent and cited for inoperable required lamps, exposed tire fabric, defective brakes, broken or missing axle position components, and oil or grease leaks from hubs.
In addition to the out of service order, Daya may be subject to civil and criminal penalties, including up to a year in prison if the violations are found to be willful.