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FMCSA orders California truck driver out of service following crashing into home that killed one

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The Federal Motor Carrier Safety Administration (FMCSA) has declared a California-based truck driver an imminent hazard to public safety following a fatal crash into a home.

The federal order was served to truck driver Daniel Tobon (aka Daniel Moran, aka Daniel Tabon) on March 9, 2021. The order forbid Tobon from operating a CMV in interstate commerce.

The order was issued in connection with a December 31, 2020, crash in Mesa, Arizona.

According to the FMCSA, “Tobon was exiting U.S. 60 at Crismon Road when the vehicle failed to stop at the off-ramp intersection, crossed over a center curb, struck a signal pole, and crashed through a masonry block wall before smashing into the front entrance of the residence and destroying the house.”

Ten people were reportedly inside the house when the crash occurred. Fifty year old Todd Welliver died as a result of the crash and two others suffered serious injuries.

Following the crash, investigators with the Mesa Police Department said that Tobon did not make any evasive driving maneuvers to avoid hitting the house and suggested “illness or physical impairment” as a possible factor in the crash.

Tobon also reportedly told police that he did nor remember the crash.

FMCSA investigators discovered that in September 2020, Tobon had fraudulently certified his USDOT/FMCSA medical examination report form. Investigators say that he also fraudulently certified the form previously in September 2018.

“The USDOT/FMCSA medical certification process is designed to ensure CDL holders are physically qualified to operate commercial vehicles safely.  Each driver is required to complete a health history section and certify that the responses are complete and true.  The driver further certifies that he/she understands that inaccurate, false or misleading information may invalidate the examination and medical examiner’s certificate.  Deliberate omission or falsification of information concealing a disqualifying medical condition may also result in civil penalties,” the FMCSA said in a news release.

In order to get back behind the wheel of a CMV, Tobon must successfully complete a return-to-duty process including obtaining a valid medical certification issued by a certified medical examiner.

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