Truck driver out of service for continuing to drive after multiple drug violations

The FMCSA says that the truck driver kept failing drug tests -- and kept driving trucks anyway -- for two years.

OOS April

The Federal Motor Carrier Safety Administration (FMCSA) announced that they ordered a truck driver off the road for multiple controlled substance violations.

On March 27, 2019, the FMCSA issued a federal out of service order to South Dakota-based truck driver Clayton Virgil Hall.

The FMCSA alleges that Hall continued driving a truck for more than two years after he failed a random drug test and then failed to complete the necessary return-to-duty procedures.

From a news release from the FMCSA:

In January 2017, during a random USDOT controlled substance test, Hall, a commercial driver’s license (CDL) holder, tested positive for amphetamines, a Schedule II controlled substance for which he did not have a valid prescription.  Federal safety regulations prohibit a CMV driver from being on-duty and possessing or being under the influence of drugs or alcohol.

To regain his CDL driving privileges following the positive test result, Hall was required to complete a return-to-duty program involving multiple follow-up controlled substances tests performed under the direction of a substance abuse professional.  On multiple occasions, Hall again tested positive for amphetamines, a controlled substance for which he did not have a valid prescription.

In May 2018, Hall announced he was no longer operating a CMV.  In July 2018, however, Hall was stopped in his tractor-trailer by police in Nebraska and subsequently charged with one count of criminal attempt to possess cocaine and one count of criminal attempt to possess methamphetamine.  Hall later pleaded no contest and was found guilty of both charges.

Despite failing multiple controlled substance follow-up tests and never fulfilling the return-to-duty substance abuse program as required by federal regulation, Hall has continued to drive his tractor-trailer in interstate commerce as recently as March 2019.

Hall’s out of service order states that “Your blatant and egregious violations of [federal safety regulations] and drug and alcohol regulations and ongoing and repeated disregard for the safety of the motoring public demonstrated by these actions substantially increases the likelihood of serious injury or death to you and the motoring public.”

Hall could also face civil penalties for the safety regulation violations.

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