FMCSA shuts down 3rd incarnation of Alabama company
The agency's safety audit of MTI Transportation found that three of the company's drivers were previously employed by BM&L Trucking or IDM Transportation. Additionally, MTI Transportation used two commercial vehicles still registered to BM&L Trucking or IDM Transportation.
The Trucker Staff
7/16/2012
WASHINGTON — The Federal Motor Carrier Safety Administration Friday shut down Alabama-based truck company MTI Transportation that apparently had been formed solely for the purpose of continuing the operation of a carrier shut down by the agency in May.
The agency issued an imminent hazard operations out-of-service order against MTI Transportation of Athens, Ala., corporately, and against Ollie L. McWilliams and Autora “Tory” Rogers individually based on evidence that it was a chameleon operation for two unsafe trucking companies previously shut down by the agency.
The FMCSA placed MTI Transportation OOS after safety investigators discovered the company was transporting goods for the former BM&L Trucking and IDM Transportation. On May 11, the FMCSA issued an imminent hazard OOS order against both BM&L Trucking and IDM Transportation for serious federal safety violations in the areas of vehicle maintenance and driver drug and alcohol testing compliance. The order also applied to Isaac McWilliams, owner of BM&L Trucking and IDM Transportation.
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The agency's safety audit of MTI Transportation found that three of the company's drivers were previously employed by BM&L Trucking or IDM Transportation. Additionally, MTI Transportation used two commercial vehicles still registered to BM&L Trucking or IDM Transportation. The May 2012 imminent hazard OOS order now also applies to MTI Transportation.
The FMCSA said it learned that MTI Transportation is managed and controlled by Isaac McWilliams and owned by his brother, Ollie McWilliams.
MTI Transportation is located at 27631 Azalea Trail, Athens, Ala. Both companies’ operations are conducted out of the personal residence of Isaac McWilliams.
FMCSA records indicate that the agency approved MTI Transportation to operate as a motor carrier April 23, likely during the investigation of BM&L Trucking and IDM Transportation.
However, as has been the case in several previous instances, the agency’s information systems did not catch the duplication of addresses because the licensing and the safety systems operate separately and are not integrated.
The FMCSA is moving toward a single registration system that is designed to catch such duplications.
The agency said MTI Transportation uses two commercial motor vehicles, still registered to BM&L Trucking or IDM Transportation. MTI Transportation did not produce any vehicle lease agreements showing payment terms between the motor carriers. MTI Transportation also used the same insurance agent as BM&L Trucking to obtain its liability insurance.
The order said that after BM&L Trucking was placed OOS pursuant to the May 11 IH Order, MTI Transportation began operations transporting lumber, building materials and general freight for BM&L Trucking, LLC’s former customers. Isaac McWilliams, the point of contact for these customers at BM&L Trucking, remained the point of contact for the same customers now being served by MTI Transportation. The customers contacted Isaac McWilliams to arrange for shipment of goods or products.
The FMCSA said MTI Transportation continues, in all significant aspects, the operations of BM&L Trucking.
Isaac McWilliams could also be in legal trouble as the result of the FMCSA’s investigation.
He pleaded guilty in 2005 to conspiracy to distribute and possess with intent to distribute five kilograms or more of a mixture and substance containing cocaine hydrochloride and was sentenced to 63 months custody to be followed by five years of supervised release.
McWilliams on Aug. 21, 2009, began his supervised release, and after FMCSA shut down BM&L Trucking and IDM Transportation, the conditions of his supervision were changed to prohibit him from “self employment that requires delivery or transporting material goods of any kind.”
Kevin Jones of The Trucker staff can be reached for comment at kevinj@thetrucker.com.
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