FMCSA orders Nevada trucker off the road for alcohol, defying out of service order

Nevada OOS

The Federal Motor Carrier Safety Administration (FMCSA) has ordered a Nevada trucker out of service after uncovering numerous safety violations.

On January 3, 2020, Mamadou Diaby was issued a federal out of service order after investigators uncovered various violations related to alcohol and for violating a previous out of service order. Diaby is a CDL holder and sole owner of 4 U Logistics, Inc.

The FMCSA detailed the circumstances leading to the federal order in a press release:

On December 12, 2019, while operating a 4 U Logistics tractor-trailer en route from Missouri to Colorado, Diaby was observed driving erratically and subsequently stopped by Kansas Highway Patrol Officers. Diaby failed a field sobriety test, recording a significantly elevated blood alcohol level. Officers later found opened alcoholic beverage containers in a cooler next to the driver’s seat. 

Diaby was previously convicted in the Spring of 2018 of having one or more opened alcoholic beverage containers in his truck cab.

During the December 12, 2019, stop, Kansas Highway Patrol Officers also discovered that Diaby’s trucking company, 4 U Logistics, 11 days earlier, had been ordered by FMCSA to cease all commercial transportation operations upon receiving an Unsatisfactory Safety Rating following a comprehensive safety investigation.

Less than one week earlier, on December 6, 2019, Diaby was stopped in Ohio for a roadside safety inspection while operating a 4 U Logistics tractor-trailer with a commercial load that had departed from Colorado.  Ohio State Highway Patrol Officers cited Diaby for records-of-duty status violations – and for violating the FMCSA December 1, 2019, order to 4 U Logistics to cease all operations.

The FMCSA warns that Diaby could also face action by the U.S. Attorney’s Office for equitable relief and punitive damages, in addition to civil and criminal penalties.