WASHINGTON — California-licensed commercial driver’s license holder Daniel Tobon (aka Daniel Moran, Daniel Tabon), has been declared an imminent hazard to public safety by the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA), and has been ordered not to operate any commercial motor vehicle in interstate commerce. Tobon was served the federal order March 9.
On December 31, 2020, Tobon was at the wheel of a tractor-trailer that crashed into a house in Mesa, Arizona, killing one person and seriously injured two others. A commercial driver’s license (CDL) holder, Tobon was exiting U.S. 60 at Crismon Road when the vehicle failed to stop at the off-ramp intersection, crossed over a center curb, struck a signal pole and crashed through a masonry block wall before smashing into the front entrance of the residence and destroying the structure.
According to a crash report by the Mesa Police Department, it appeared Tobon made no attempt to avoid the crash. Local news reports also quoted police as saying Tobon did not recall the crash when questioned afterward. “Illness or physical impairment” were cited as possible influencing conditions for the crash.
During the subsequent investigation, FMCSA discovered Tobon had fraudulently certified his DOT/FMCSA medical examination report form in both September 2020 and September 2018.
The DOT medical certification process is designed to ensure CDL holders are physically qualified to safely operate commercial vehicles. Each driver is required to complete a health history section and certify that the responses are complete and true. The driver further certifies that he/she understands that inaccurate, false or misleading information may invalidate the examination and medical examiner’s certificate. Deliberate omission or falsification of information concealing a disqualifying medical condition may also result in civil penalties.
FMCSA’s imminent hazard out-of-service order states that Tobon’s “… continued operation of a commercial motor vehicle while medically unqualified poses a significant danger to you and the motoring public … if not discontinued immediately.”
Failing to comply with the provisions of the federal imminent hazard order may result in civil penalties of up to $1,928 for each violation. Knowing and/or willful violations may result in criminal penalties.
Tobon may not operate a commercial motor vehicle until such time he is successfully completes a return-to-duty process, including obtaining a valid medical certification issued by a certified medical examiner.
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.
Well unless he told investigators he knew there was something wrong and checked off on the boxes that he was healthy, good luck proving he falsified it. Unless someone continually wakes up places not able to remember how they got there, as far as any of us know, we’re in good health when answering yes or no to those questions on that form.