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 Declares Texas 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 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.