The Federal Motor Carrier Safety Administration (FMCSA) has ordered Commerce City, CO-based E & K Trucking, Inc., to immediately cease its trucking operations, declaring the company to be an imminent hazard to public safety. The shutdown order is the second issued to the small fleet that primarily hauls construction scrap and debris.
The company was discovered to still be operating unsafe vehicles in direct violation of an order issued by FMCSA in December 2012 that revoked the company’s operating authority for previous safety violations.
An FMCSA investigation found that the company failed to routinely inspect, maintain and repair its vehicles to ensure they were safe to operate. Each vehicle inspected earlier last month by FMCSA was ordered out of service for serious safety violations.
Safety investigators also found that E & K Trucking failed to conduct background checks on drivers, to ensure that they possessed commercial driver's licenses or that they were medically qualified.
In addition to accumulated civil penalties and interest already imposed, the company owners face additional fines of up to $25,000 and possible criminal charges and imprisonment should they fail to comply with the imminent hazard out-of-service order.
“Our safety regulations protect everyone who shares the road with large trucks and buses,” said FMCSA Administrator Anne S. Ferro. “The safe condition of the vehicle and the qualifications of the driver are the responsibility of the company. Company owners that cannot or will not abide by the safety regulations will find their business shut down while facing civil, and possibly criminal, penalties.”
A copy of the imminent hazard out-of-service order can be viewed at www.fmcsa.dot.gov/documents/about/news/2013/E-and-KTrucking.pdf