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FMCSA revokes operating authority of cross-border pilot participant

The FMCA revoked the operating authority of Tristan Transfer after the carrier was given a “conditional” rating last December.

The Trucker News Services

2/10/2014

WASHINGTON — The Federal Motor Carrier Safety Administration has quietly revoked the operating authority of one of the 14 carriers participating in the Pilot Program on NAFTA Long-Haul Trucking Provisions.

Sergio Tristan Maldonaldo dba Tristan Transfer was informed on Jan. 23 that its operating authority was being withdrawn after the carrier scored a “conditional” rating during a compliance review.

The Cross Border Pilot Program with Mexico has been in operation for 28 months and a participant has had his authority to operate revoked by FMCSA after scoring a “conditional” rating during a compliance review that was conducted Dec. 20.

“The FMCSA is committed to ensuring the safety and integrity of the U.S.-Mexico cross-border trucking program,” FMCSA spokesperson Marissa Padilla told The Trucker. “Participants undergo a rigorous clearance process and are monitored to ensure they operate safely within the United States. Through our strong oversight efforts, we identified that Tristan Transfer had violated Hours of Service regulations, and acted quickly to investigate. Based on the findings of the investigation, FMCSA revoked the company’s authority to operate in the U.S. and participate in the pilot.”

Tristan Transfer, which was granted operating authority last June, made 60 border crossings as of Jan. 5, the last date for which such information is available on the FMCSA website. A total of 11,253 crossings had been made by all carriers as of Jan. 5.

The FMCSA notified Tristan on Dec. 20 that is was being given a “conditional” rating and gave the carrier until Jan. 19 to take and report corrective action. The carrier failed to do so and its operating authority was revoked four days later.

The letter detailing the “conditional” rating said the company was deficient in the following areas:

• Using a driver before the motor carrier has received a negative pre-employment controlled substance test result.

• Failing to provide educational materials explaining requirements of Part 382 and employer’s drug and alcohol program policies.

• Failing to ensure person designated to ensure drivers undergo reasonable suspicion testing receive 60 minutes of training for alcohol and 60 minutes of training for controlled substances.

• Using a driver who has not completed and furnished an employment application,

• Failing to investigate the driver’s alcohol and controlled substances history for the previous 3 years.

• Failing to maintain driver qualification file on each driver employed.

• Requiring or permitting a property-carrying commercial motor vehicle driver to drive after the end of the 14th hour after coming on duty,

• Requiring or permitting a property-carrying commercial motor vehicle driver to drive after having been on duty for more than 70 hours in 8 consecutive days,

• Failing to require driver to make a record of duty status,

• Failing to obtain from driver used for the first time or intermittently, a signed statement giving the total time on duty during the preceding 7 days and time at which last relieved from duty,

• Failing to have a means of indicating the nature and due date of the various inspection and maintenance operations to be performed,

• Failing to require driver to prepare driver vehicle inspection report.

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

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