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FMCSA declares Minnesota trucker an imminent hazard after multiple controlled-substance violations

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FMCSA declares Minnesota trucker an imminent hazard after multiple controlled-substance violations
In signed statements, two of Texas Interstate Express’ drivers stated to FMCSA that motor carrier official(s) at Texas Interstate Express and/or PAC Express instructed them to disregard being placed out-of-service for hours-of-service (HOS) violations and continue on with trips after the roadside inspectors were no longer monitoring them.

WASHINGTON — Minnesota-licensed commercial truck driver Jordan Andrew Bane has been declared an imminent hazard to public safety by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA). Bane, who was served the federal order March 5, has been ordered not to operate any commercial motor vehicle in interstate commerce.

On Feb. 17, 2021, while driving a tractor-trailer in Fair Haven, Vermont, underwent a roadside safety inspection conducted by a Vermont Department of Motor Vehicles enforcement officer. While asking for Bane’s license and other documentation, the officer detected a strong odor of marijuana. She asked for and received permission to search the truck cab and sleeper berth compartment.

During the search, the enforcement officer discovered multiple containers labeled to suggest they contained marijuana. A field test conducted on one of the containers was positive for marijuana. The officer also found an unlabeled pill bottle containing three different types of pills. Using an online identifier, she found all the pills to be Schedule II controlled substances for which Bane did not possess a prescription.

The enforcement officer also found two synthetic urine kits, which are commonly used to avoid a positive controlled substances test. One kit had been opened and used; the other was unopened.

Following the roadside inspection, Bane was issued a citation for possession of a narcotic drug in violation of Vermont State law. In accordance with the Commercial Vehicle Safety Alliance’s North American Standard enforcement criteria, he was ordered out of service for 24 hours.

Despite the out-of-service order, Bane was stopped by the same Vermont Department of Motor Vehicles enforcement officer less than 24 hours later, this time in Barre, Vermont (about two hours from Fair Haven).

Bane has been previously convicted by the State of Minnesota, twice for driving under the influence of alcohol, and once for driving under the influence of drugs.

FMCSA’s imminent hazard out-of-service order states that Bane’s “blatant and egregious violations of the [federal safety regulations] and disregard for the safety of the motoring public … substantially increases the likelihood of serious injury or death to you and/or to the motoring public.”

Failing to comply with the provisions of the federal imminent hazard order may result in civil penalties of up to $1,895 for each violation. Knowing and/or willful violations could result in criminal penalties.

Bane may not operate a commercial motor vehicle until he undergoes evaluation by a certified medical examiner and provides evidence he is qualified to return to driving duties.

The Trucker News Staff

The Trucker News Staff produces engaging content for not only TheTrucker.com, but also The Trucker Newspaper, which has been serving the trucking industry for more than 30 years. With a focus on drivers, the Trucker News Staff aims to provide relevant, objective content pertaining to the trucking segment of the transportation industry. The Trucker News Staff is based in Little Rock, Arkansas.

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The Trucker News Staff produces engaging content for not only TheTrucker.com, but also The Trucker Newspaper, which has been serving the trucking industry for more than 30 years. With a focus on drivers, the Trucker News Staff aims to provide relevant, objective content pertaining to the trucking segment of the transportation industry. The Trucker News Staff is based in Little Rock, Arkansas.
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2 Comments

Since he gave consent to search, all of that can be used as evidence. Make them establish probable cause or get a warrant. If they find something, say nothing and get a lawyer.

Totally out of control this driver doesn’t make. A good example of a real truck driver makes a bad name for every driver on the rd he should find another job before he kills innocent people.

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