The Federal Motor Carrier Safety Administration (FMCSA) recently ordered a Pennsylvania-based CDL holder out of service.
On April 25, the FMCSA issued a federal order to Pennsylvania-licensed driver Elwood M. Roberson forbidding him from operating a commercial motor vehicle in interstate commerce.
The out of service order was issued as a result of a crash that occurred on February 11, 2022 in Manor Township, Pennsylvania.
According to the FMCSA, Roberson was operating a CMV transporting propane when he crossed the center line of the road and side-swiped an oncoming vehicle.
After he was taken into police custody, the Manor Township Police Department administered a blood alcohol test.
“Mr. Roberson’s blood alcohol content was 0.21, more than five times the 0.04 legal limit for CMV drivers. Under the Federal Motor Carrier Safety Regulations (FMCSRs), drivers with a commercial driver’s license (CDL) are subject to a variety of prohibitions on use of alcohol prior to and while driving CMVs, including a prohibition on using any alcohol within four hours of driving and a prohibition on driving with an alcohol concentration of .04 or greater,” officials said.
Roberson is listed as prohibited in the FMCSA’s Drug and Alcohol Clearinghouse. He may also face criminal charges in Pennsylvania.
FMCSA’s imminent hazard order states that Mr. Roberson “failed to exercise an appropriate duty of care to the motoring public while operating a CMV that was transporting propane, a hazardous material. Specifically, [he] ignored FMCSRs relating to alcohol use and the safe operation of a CMV. These violations and blatant disregard for the safety of the motoring public demonstrated by these actions substantially increases the likelihood of serious injury or death to [him] and the motoring public if not discontinued immediately.”