FMCSA Declares Motor Carrier to be an Imminent Hazard to Public Safety

First published by FMCSA

WASHINGTON – The U.S. Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) has declared Alvarez Transport LLC, USDOT No. 2484230, a motor carrier located in Orange, CT, to be an “imminent hazard” to public safety and ordered the motor carrier to immediately cease all interstate and intrastate operations.  The motor carrier was served the Federal order on June 23, 2022.

FMCSA’s imminent hazard order states that the basis for finding that Alvarez Transport, LLC, “pose[s] an imminent hazard to the public is [its] continued widespread noncompliance with Federal safety regulations including regulations in 49 CFR Part 382 (Controlled Substances and Alcohol Use and Testing), 49 CFR Part 383 (Commercial Driver’s License Standards; Requirements and Penalties), 49 CFR Part 391 (Qualifications of Drivers), and 49 CFR Part 396 (Vehicle Inspection, Repair, and Maintenance).”

During a Compliance Investigation that began on May 25, 2022, FMCSA safety investigators discovered extensive acute and/or critical violations in almost every part of the FMCSRs that they reviewed, including 49 CFR Parts 382, 383, 391, and 396. Cumulatively, these violations demonstrated the motor carrier’s lack of effective safety management controls and significantly increased the likelihood of death or serious injury if not discontinued immediately.

Moreover, while the Compliance Investigation was ongoing, on or about June 2, 2022, Alvarez Transport, LLC dispatched driver Dante C. Elliott to drive a commercial motor vehicle (CMV) for which a commercial driver’s license is required in interstate commerce from New Haven, CT to Williamstown, VT. At the time of dispatch, the motor carrier had in its records a copy of Mr. Elliott’s driver’s license that showed it was expired. While attempting to navigate a sharp curve on Vermont Route 64 in this CMV, Mr. Elliott left the traveled portion of the roadway, the CMV slid into a ditch, overturned, and then came to a position of uncontrolled rest on its roof. Both Mr. Elliott and his passenger were killed in the crash. Witnesses reported that the CMV’s brakes were smoking before the crash, and a post-crash inspection discovered several out-of-service vehicle conditions. Local law enforcement is still in the process of investigating this crash.

Failing to comply with the provisions of the Federal imminent hazard order may result in civil penalties of up to $29,893.  Knowing and/or willful violations may result in criminal penalties.


McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

FMCSA has Removed ArionT ELD from List of Registered ELDs

First published by FMCSA

FMCSA has removed the ArionT ELD Model AT5000 from its list of registered ELD devices. (Courtesy: FMCSA)

WASHINGTON – The U.S. Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) has removed ArionT ELD from the list of registered Electronic Logging Devices (ELD). FMCSA has placed ArionT ELD on the Revoked Devices list due to the company’s failure to meet the minimum requirements established in 49 CFR part 395, subpart B, appendix A, effective June 24, 2022..

FMCSA will be sending an industry email to let motor carriers know that all who use ArionT ELD must take the following steps:

  1. Discontinue using the revoked device(s) and revert to paper logs or logging software to record required hours of service data.
  2. Replace the revoked device(s) with compliant ELD(s) from the Registered Devices list before August 24, 2022.

Motor carriers have a grace period of up to 60 days to replace the revoked device(s) with compliant ELD(s). If the ELD provider corrects all identified deficiencies, FMCSA will place the device back on the list of registered devices and inform the industry and the field.

During the grace period, safety officials are encouraged not to cite drivers using ArionT ELD for 395.8(a)(1) – “No ELD” or 395.22(a) – “Failed to use a registered ELD.” During this time, safety officials should request the driver’s paper logs, logging software, or use the ArionT ELD display as a back-up method to review the hours of service data.

Beginning August 24, 2022, motor carriers who continue to use the revoked device listed above would be considered to be operating without an ELD. Safety officials who encounter a driver using a revoked device on or after August 24, 2022 should cite 395.8(a)(1), and place the driver out-of-service in accordance with the CVSA OOS Criteria.

FMCSA strongly encourages motor carriers to take the actions listed above now to avoid compliance issues in the event that the deficiencies are not addressed in time.

For more information on ELDs, visit FMCSA’s ELD implementation website.


McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

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FMCSA extends comment period on speed-limiter proposal

First published by Safety+Health an NSC publication

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Photo: Missouri Department of Transportation Flickr

Washington — Responding to stakeholder requests, the Federal Motor Carrier Safety Administration (FMCSA) has extended until July 18 the comment period on a proposed rule that would require the installation of speed-limiting devices on trucks, buses and multipurpose passenger vehicles weighing more than 26,000 pounds.

As outlined in a notice published in the May 27 Federal Register, the extension provides interested parties additional time to submit responses. The initial deadline was June 3.

FMCSA, in the May 4 Federal Register, published an advance notice of supplemental proposed rulemaking that expands on a 2016 joint proposal from the National Highway Traffic Safety Administration and FMCSA. The latter is the sole agency listed on the proposal, which doesn’t specify a top speed. The 2016 proposed rule suggested capping speeds at 60, 65 or 68 mph.

FMCSA offers multiple questions on which stakeholders may comment, including:

  • What percentage of the commercial motor vehicle fleet uses speed-limiting devices?
  • If in use, at what maximum speed are the devices generally set?
  • What training or skill sets are needed for motor carriers’ maintenance personnel to adjust or program electronic engine control units to set speed limits?
  • What equipment or tools are needed to adjust or program/reprogram ECUs? How long would the process take, and where can it be completed?
  • Since publication of the notice of proposed rulemaking in 2016, how has standard practice or technology changed as it relates to the ability to set speed limits using ECUs?
    FMCSA extended comment period on speed-limiting

McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

FMCSA Declares Pennsylvania-Licensed Driver an Imminent Hazard to Public Safety

First published by FMCSA

WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has declared Pennsylvania-licensed commercial vehicle driver Eric G. Burke to be an “imminent hazard” to public safety and ordered him to immediately cease operating any commercial motor vehicle (“CMV”) in interstate commerce.  Mr. Burke was served the Federal order on May 13, 2022.

On May 18, 2020, Mr. Burke submitted to a pre-employment control substance test while seeking employment with Lentzcaping, Inc. On May 29, 2020, the Medical Review Officer notified Mr. Burke that his test results had been verified as positive for Marijuana Metabolites and that he was prohibited from operating CMVs.  Mr. Burke was also referred to a Substance Abuse Professional (SAP) for evaluation, education, and treatment pursuant to 49 CFR Part 40.  Mr. Burke ignored the prohibition on his operation of CMVs and the requirement to undergo a SAP evaluation, and instead continued to drive in interstate commerce.  On one of these trips, he was placed out-of-service for possession of alcohol while operating a CMV; on another trip, he was placed out-of-service for possession of marijuana after a single-vehicle CMV crash.

Mr. Burke is now listed as prohibited in FMCSA’s Drug and Alcohol Clearinghouse.

FMCSA’s imminent hazard order states that Mr. Burke “failed to exercise an appropriate duty of care to the motoring public while operating a CMV. Specifically, you ignored FMCSRs relating to alcohol and controlled substances use and possession, medical certification, and the safe operation of a CMV. These violations and blatant disregard for the safety of the motoring public demonstrated by these actions substantially increases the likelihood of serious injury or death 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 $2,072.  Knowing and/or willful violations may result in criminal penalties.

A copy of the imminent hazard order issued to Eric G. Burke is available here.


McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

FMCSA renews proposal for speed limiters on large trucks and buses

First published by Safety+Health an NSC publication
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Photo: Missouri Department of Transportation Flickr

Washington — The Federal Motor Carrier Safety Administration is moving forward with – and seeking comment on – a proposed rule that would require the installation of speed-limiting devices on trucks, buses and multipurpose passenger vehicles weighing more than 26,000 pounds.

According to an advance notice of supplemental proposed rulemaking published in the May 4 Federal Register, the proposal expands upon a 2016 joint proposal from the National Highway Traffic Safety Administration and FMCSA. The latter is the sole agency listed on the proposed rule, which doesn’t specify a top speed. The 2016 proposed rule suggested capping speeds at 60, 65 or 68 mph.

FMCSA offers a number of questions on which stakeholders may comment, including:

  • What percentage of the commercial motor vehicle fleet uses speed-limiting devices?
  • If in use, at what maximum speed are the devices generally set?
  • What training or skill sets are needed for motor carriers’ maintenance personnel to adjust or program electronic engine control units to set speed limits?
  • What equipment or tools are needed to adjust or program/reprogram ECUs? How long would the process take, and where can it be completed?
  • Since publication of the notice of proposed rulemaking in 2016, how has standard practice or technology changed as it relates to the ability to set speed limits using ECUs?

The American Trucking Association backs the proposed rule.

“ATA is pleased that the Federal Motor Carrier Safety Administration is pursuing a constructive, data-driven approach to the issue of truck speed limiters in its latest proposal,” ATA President and CEO Chris Spear said in a press release. “We intend to thoroughly review FMCSA’s proposal, and we look forward to working with the agency to shape a final rule that is consistent with our policy supporting the use of speed limiters in conjunction with numerous other safety technologies.”

Citing data from NHTSA’s Fatality Analysis Reporting System showing that fatal large-truck crashes involving speeding climbed around 50% from 2009 to 2019, the safety advocacy group Citizens for Reliable and Safe Highways said the rule “has the potential to save hundreds of lives every year.”

In May 2021, Reps. Lucy McBath (D-GA) and John Katko (R-NY) introduced legislation (H.R. 3523) that would require the transportation secretary to mandate speed-limiting technology in large CMVs while capping their speed at 65 mph – or 70 mph for vehicles equipped with adaptive cruise control and automatic emergency braking. The bill hasn’t advanced past the House.

The Owner-Operator Independent Drivers Association, meanwhile, contends that the bill will negatively impact safety.

“Studies and research have already proven what we were all taught long ago in driver’s ed classes, that traffic is safest when vehicles all travel at the same relative speed,” OOIDA President and CEO Todd Spencer said in a press release. “Limiting trucks to speeds below the flow of traffic increases interactions between vehicles, which can lead to more crashes.”

Comments are due June 3.


McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

FMCSA Declares Motor Carrier to be an Imminent Hazard to Public Safety

First published by FMCSA Hazard to Public Safety

WASHINGTON – The U.S. Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) has declared Jaypur Logistics LLC, USDOT No. 3150073, a motor carrier located in the Houston, Texas area, to be an “imminent hazard” to public safety and ordered the motor carrier to immediately cease all interstate and intrastate operations.  The motor carrier was served the Federal order on May 7, 2022.

FMCSA identified Jaypur Logistics for investigation based on the carrier’s widespread violations documented by FMCSA and its partners during roadside inspections.  Jaypur Logistics had almost double the national average vehicle out-of-service rate and over five times the national average driver out-of-service rate.  The FMCSA review of Jaypur Logistics found the motor carrier to be egregiously noncompliant with multiple Federal safety regulations, including: Controlled Substances and Alcohol Use and Testing (49 CFR Part 382); Commercial Driver’s License Standards (49 CFR Part 383); Driver Qualification (49 CFR Part 391); Unsafe Driving (49 CFR Part 392); Hours of Service of Drivers (49 CFR Part 395); and vehicle Inspection, Repair, and Maintenance (49 CFR Part 396).

During FMCSA’s investigation, Jaypur Logistics demonstrated a severe lack of oversight of its operations.  It could only identify a fraction of the drivers and vehicles operating under its authority and was not even aware its drivers had hauled hazardous materials.  Jaypur Logistics failed to ensure its drivers were eligible to drive, allowing six drivers who were already prohibited in the FMCSA’s Drug and Alcohol Clearinghouse to operate on its behalf.  Twice Jaypur Logistics’ drivers have been cited for operating under the influence and three times its drivers have been cited for on-duty possession of drugs or alcohol.  Jaypur Logistics did not have a program to detect and deter the use of controlled substances by its drivers, did not have an effective program to ensure its drivers were qualified and licensed, did not have a program to control its drivers’ hours of service, and did not have a program to ensure its vehicles were appropriately inspected and repaired.

FMCSA’s imminent hazard out-of-service order states that Jaypur Logistics’  “…complete and utter disregard for the [federal safety regulations] substantially increases the likelihood of serious injury or death for your drivers and the motoring public if your operations are not discontinued immediately.”

Failing to comply with the provisions of the Federal imminent hazard order may result in civil penalties of up to $29,893 for each violation.  Jaypur Logistics LLC may also be assessed civil penalties of not less than $11,956 for providing transportation in interstate commerce without operating authority registration, and up to $16,864 for operating a CMV in interstate commerce without USDOT Number registration.  Knowing and/or willful violations may result in criminal penalties.

A copy of the imminent hazard order issued to Jaypur Logistics is available here.


McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

FMCSA Declares Pennsylvania-Licensed Driver an Imminent Hazard to Public Safety

First published by FMCSA

WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has declared Pennsylvania-licensed commercial vehicle driver Elwood M. Roberson to be an “imminent hazard” to public safety and ordered him to immediately cease operating any commercial motor vehicle (“CMV”) in interstate commerce.  Mr. Roberson was served the Federal order on April 25, 2022.

On February 11, 2022, Mr. Roberson was operating a CMV transporting propane, a hazardous material, on River Road in Manor Township, Pennsylvania.  Mr. Roberson crossed the center line of the road and side-swiped an on-coming vehicle.  Mr. Roberson was taken into custody and administered a blood alcohol test by the Manor Township Police Department.  Mr. Roberson’s blood alcohol content was 0.21, more than five times the 0.04 legal limit for CMV drivers.  Under the Federal Motor Carrier Safety Regulations (FMCSRs), drivers with a commercial driver’s license (CDL) are subject to a variety of prohibitions on use of alcohol prior to and while driving CMVs, including a prohibition on using any alcohol within four hours of driving and a prohibition on driving with an alcohol concentration of .04 or greater.

Mr. Roberson is now listed as prohibited in FMCSA’s Drug and Alcohol Clearinghouse and faces possible criminal charges in Pennsylvania.

FMCSA’s imminent hazard order states that Mr. Roberson “failed to exercise an appropriate duty of care to the motoring public while operating a CMV that was transporting propane, a hazardous material. Specifically, [he] ignored FMCSRs relating to alcohol use and the safe operation of a CMV. These violations and blatant disregard for the safety of the motoring public demonstrated by these actions substantially increases the likelihood of serious injury or death to [him] 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 $2,072.  Knowing and/or willful violations may result in criminal penalties.

A copy of the imminent hazard order issued to Elwood M. Roberson is available here.


McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

FMCSA Announces Call for Applications for the Truck Leasing Task Force

First published by FMCSA

FMCSA Applications Truck Leasing Task ForceWashington, D.C. – Today, the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced the opening of applications for the Truck Leasing Task Force (TLTF), in consultation with the U.S. Department of Labor. The Task Force is an initiative mandated by the Bipartisan Infrastructure Law and a long-term effort of the Trucking Action Plan. As part of the Plan’s initiatives, the TLTF will evaluate the impacts of commercial motor vehicle (CMV) lease agreements and discuss best practices for future agreements.

“The Truck Leasing Task Force represents one of the important actions the Administration is taking to improve the trucking industry,” said U.S. Transportation Secretary Pete Buttigieg. “America’s truck drivers need and deserve fair leasing agreements, and this work will help ensure that leasing is above board.”

“The Task Force will be instrumental in expanding our understanding of the financial impacts of truck leasing and will reinforce our commitment to quality of life and safety for professional truck drivers,” said FMCSA Acting Administrator Robin Hutcheson. “We ask those who are interested in joining to reach out so we can better support CMV drivers together.”

TLTF will cover many areas related to truck leasing arrangements, including:

  • Exploring predatory truck leasing arrangements in coordination with DOL and the Consumer Financial Protection Bureau
  • Evaluating common truck lease agreements and their terms, identifying and reviewing those that are potentially inequitable in the motor carrier industry
  • Reviewing agreements available to drayage drivers at ports
  • Studying the impact of truck leasing agreements on the net compensation of commercial motor vehicle drivers
  • Examining truck leasing arrangements and financing arrangements among motor carriers, entry-level drivers, driver training providers, and others involved in the industry
  • Assessing resources that assist CMV drivers in reviewing the financial impacts of leasing agreements

The Task Force will include a maximum of 10 members representing labor organizations, motor carriers, consumer protection groups, legal professionals, owner-operators, and other relevant businesses. TLTF will examine the above issues and submit a report to FMCSA and the U.S. Department of Labor.

TLTF’s charter runs through February 11, 2024. FMCSA encourages diverse, non-traditional representatives, especially women and people of color, to apply to serve on the task force. To apply, please visit www.fmcsa.dot.gov/tltf. The application period is open through Friday, May 6, 2022.


McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

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FMCSA Concludes National Household Goods Top 100 Compliance Operation

First published by FMCSA

With a significant increase in the volume of household good (HHG) complaints, the Federal Motor Carrier Safety Administration (FMCSA) has concluded a national investigation of the Top 100 carriers identified in the National Consumer Complaint Database (NCCDB).  Between 2020 and 2021, complaints to FMCSA’s NCCDB increased from 4,340 to 8,295. The special operation was conducted between February 7th and February 28th, 2022 in 16 states and resulted in 586 consumer complaints being closed and enforcement action taken on 63% of the carriers investigated.

FMCSA takes its responsibilities very seriously to help protect consumers who utilize the services of the moving industry. The FMCSA developed the www.protectyourmove.gov website to educate consumers on their rights and responsibilities relating to contracting with a prospective moving company.  If you need to file a complaint against a company regulated by FMCSA, visit the NCCDB at https://nccdb.fmcsa.dot.gov


McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.

Safe truck parking: FMCSA’s Hutcheson says federal agencies will team up to ease shortage

First published by Safety+Health an NSC publication

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Photo: Missouri Department of Transportation

Louisville, KY — The Federal Motor Carrier Safety Administration is “really feeling the urgency” to address a national shortage of safe parking spots for truckers who need to comply with federally mandated rest breaks, acting agency administrator Robin Hutcheson said March 24 during a media roundtable at the Mid-America Trucking Show.

report published on the same day in the Owner-Operator Independent Drivers Association’s Land Line magazine notes that Hutcheson called the issue “one of the top two or three” FMCSA hears about, adding that the message has “gone to the top of the U.S. government.”

Federal hours-of-service regulations require truck drivers to park and rest after being on duty for long periods. In a letter sent to Transportation Secretary Pete Buttigieg on Feb. 18, American Trucking Associations President and CEO Chris Spear and OOIDA President and CEO Todd Spencer call on the Department of Transportation to prioritize funding from the Infrastructure Investment and Jobs Act to address the issue.

“We know we need to work on this,” Hutcheson said during the roundtable, according to the report. “We know this needs to be addressed. We hear over and over again, ‘I would be a safer driver if I had a place to rest.’ That’s up to us to make sure we’re focusing on that and doing everything we can.”

She added that FMCSA will collaborate with the Federal Highway Administration to remedy the issue. She identified as first steps examining available funding for additional truck parking and ensuring state freight plans include truck parking needs.

During a March 2 hearing before the Senate Environment and Public Works Committee, Buttigieg testified that DOT is “very concerned” about the lack of truck parking, calling it an issue of convenience, safety and emissions. He suggested state DOTs might consider pursuing funding for truck parking from the:

In another update from the roundtable, reported March 28 by Overdrive magazine, Hutcheson said an apprenticeship pilot program that would allow commercial motor vehicle drivers younger than 21 to drive trucks across state lines won’t begin “until late summer, at the earliest.”

Hutcheson said the program, established by the Infrastructure Investment and Jobs Act, needs a more secure “data collection methodology” before it can be implemented.


McCraren Compliance can help you understand and comply with FMCSA, USDOT and ADOT and ensure your drivers and your vehicles operate safely and efficiently.

Call us Today at 888-758-4757 or email us at info@mccrarencompliance.com to schedule your free FMCSA Compliance Assessment.