FMCSA says ‘egregiously noncompliant’ Texas trucking company must immediate cease operations

The Federal Motor Carrier Safety Administration (FMCSA) recently declared a Houston-based trucking company to be an “imminent hazard” to public safety after investigators uncovered a variety of safety violations.

Adversity Transport was issued a federal out of service order on January 25, 2022 forbidding the company to operate intrastate or interstate.

According to the FMCSA, on February 10, Adversity Transport violated an out of service order that had been previously issued for failing to permit an investigation into its safety fitness.

A subsequent review of Adversity Transport’s roadside safety performance record uncovered that the carrier was “egregiously noncompliant” with several federal safety regulations, including Driving of CMVs (49 CFR Part 392); Parts and Accessories Necessary for Safe Operations (49 CFR Part 393); drivers’ Hours of Service (49 CFR Part 395); and Vehicle Maintenance and Inspection.

Investigators also discovered that two company drivers continued to operate while prohibited or suspended.

“Adversity Transport’s vehicle out-of-service rate is 89%, compared to a national average of 21%, and its driver out-of-service rate is 50%, compared to a national average of 6%.  Adversity Transport fails to ensure its drivers drive safely and its drivers have received numerous citations for violations such as speeding, texting while driving, and being in possession of a controlled substance while driving.  Adversity Transport also fails to ensure its vehicles are safe.  Roadside inspections revealed pervasive vehicle maintenance problems including unsafe tires, unsafe brakes, and cracked frames.  Adversity Transport also fails to ensure its drivers comply with the requirements to track their hours of service, designed to prevent fatigued drivers from continuing to drive,” the FMCSA said in a news release.

FMCSA’s imminent hazard out-of-service order states that Adversity Transport’s “…..complete and utter disregard for the [federal safety regulations] substantially increases the likelihood of serious injury or death for your drivers and the motoring public if your operations are not discontinued immediately.”