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FMCSA shuts down Illinois carrier that violated out-of-service order

C & D Transportation has three BASICs scores above the intervention threshold, FMCSA records show.

The Trucker News Services

11/30/2012

WASHINGTON — The Federal Motor Carrier Safety Administration has issued an imminent hazard operations out-of-service order to an Illinois trucking company the agency said had “engaged in and continues to engage in a pattern and practice of blatantly ignoring and/or violating significant provisions of the Federal Motor Carrier Safety Regulations.”

The order, issued Nov. 23 to C & D Transportation of Elk Grove Village, Ill., said the carrier had “willingly violated an out-of-service order and continued to operate by renting vehicles on the effective date of the OOS.”

The FMCSA said one of those trailers crashed.

What’s more, the FMCSA said that the company had failed to ensure its drivers comply with CDL requirements, English proficiency requirements and vehicle weight limits, and that those drivers had committed records of duty status violations.

The order noted that C & D Transportation had been in the agency’s crosshairs since it entered the New Entrant Program Nov. 19, 2010.

The FMCSA said during the 18-month new entrant period, it had identified seven violations that subject a new entrant to an expedited safety audit or compliance review.

Records show the FMCSA conducted a compliance review on C & D Transportation on March 19, 2012.

The Nov. 23 order said that since June 2012 various state police departments had conducted roadside inspections of the carrier’s vehicles and cited the carrier’s drivers at least four times for lacking a required CDL, at least six times for exceeding vehicle weight limits and at least six times for the out-of-service violation of failing to meet English proficiency requirements.

FMCSA records show that during the past 24 months, the carrier’s drivers have been put out-of-service 25 times for failing to meet English proficiency requirements.

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On Oct. 4, the agency said it served the carrier with an “expedited action letter” demanding that C & D Transportation respond to three types of violations discovered through roadside inspections between Dec. 13, 2011, and Sept. 17, 2012.

Second and third letters were sent to the carrier Oct. 10 and Oct. 26, and on Nov. 4, the carrier responded to the Oct. 4 letter.

The carrier’s response outlining corrective action was not acceptable to the FMCSA and on Nov. 8, the carrier was placed out-of-service, the agency said.

Then on Nov. 11, a truck operated by C & D Transportation was involved in a one-vehicle accident in Girard, Penn.

The accident report said the driver failed to stop at a stop sign and overturned.

The driver was cited for failing to possess a driver’s record of duty status, operating in violation of an FMCSA out-of-service order and was cited for an English proficiency violation.

The FMCSA learned that the vehicle involved in the crash was one of five vehicles C & D Transportation had rented from a Ryder vehicle rental facility between Nov. 6 and Nov. 9.

FMCSA records show that C & D Transportation has three BASIC scores above the intervention threshold — Unsafe Driving (93.8 percent), Fatigued Driving (94.4 percent) and Driver Fitness (99.9 percent).

The records show the carrier has had 67 inspections during the past 24 months with a vehicle inspection OOS rate of 27 percent and a driver inspection OOS rate of 55 percent.

National average rates are 20.72 percent for vehicle violations and 5.51 percent for driver violations.

The Trucker staff can be reached for comment at editor@thetrucker.com.

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