FMCSA shuts down Indiana carrier for blatant rules violations

FMCSA noted that the carrier had Safety Measurement System ("SMS") scores of 83.4 percent in the Unsafe Driving BASIC, 70.9 percent in the Fatigued Driving (Hours of Service) BASIC and 99.9 percent in the Driver Fitness BASIC. Each of the scores exceeds the FMC SA intervention threshold and the motor carrier may be e prioritized for further monitoring, FMCSA stated.

The Trucker Staff

2/7/2012

WASHINGTON — The Federal Motor Carrier Safety Administration Tuesday lowered the hammer on an Indiana trucking company for repeated violations of federal regulations.

The agency ordered U & D Service Inc. of Indianapolis, Ind., to immediately cease all transportation services in or affecting interstate commerce, declaring the commercial truck company an “imminent hazard” to public safety.

FMCSA officials said the order followed an extensive review of the company’s operations, which found multiple federal safety violations including a continuous pattern of using drivers without valid commercial driver’s licenses (CDLs) and using drivers that do not meet federal English proficiency requirements.

U & D Service was identified as a New Entrant Carrier on May 27, 2011, which meant the company was subject to the new entrant safety monitoring period of 18 months.

Since the carrier started operating, the FMCSA said U & D Service’s roadside activity had been closely monitored and that the agency had identified seven violations that subject a new entrant carrier to an expedited safety audit or compliance review if cited during a roadside inspection.

The FMCSA said from Nov. 3, 2011, through Jan. 27, 2012, the Indiana State Police ("ISP") conducted roadside inspections of U & D Service’s commercial motor vehicles approximately 26 times. Based on these inspections, the ISP cited the carrier’s drivers 12 times for lacking a required CDL, 10 times for exceeding vehicle weight limits, eight times for exceeding tire weight limits and 21 times for English proficiency violations.

On Dec. 12, 2011, FMCSA served U & D Service with an expedited action letter. In this letter, FMCSA demanded that the carrier respond to the results of a roadside inspection that occurred on Dec. 7, 2011. In this inspection, one of the carrier’s drivers was found to have operated a commercial motor vehicle in interstate commerce without a CDL.

On Jan. 9, the agency said U & D Service responded in writing, admitting that the truck was overweight, and it explained that it understood the commercial motor vehicle regulations regarding the weight of a commercial motor vehicle and CDL requirements. Further, the FMCSA said the carrier assured the agency that the company would take corrective action to check the weight of all vehicles before leaving its terminal, and that it would hire drivers who possess valid CDL's for transportation that requires a CDL.

But after the letter was sent to FMCSA, the Indiana State Police continued to find U & D Service drivers in violation of these same regulations. ISP cited the company drivers six times over the next three weeks for failing to have required CDLs and six times for overweight vehicles.

By blatantly failing to meet its commitment to remedy the violations, and by blatantly ignoring FMCSA's multiple warnings in response to additional violations, U & D Service has demonstrated that it is not willing to comply with state and federal safety regulations, the agency said.

According to the FMCSA website, the carrier has just over 40 power units and drivers.

The Trucker staff can be reached to comment on this article at editor@thetrucker.com.

Find more news and analysis from The Trucker, and share your thoughts, on Facebook.