The FMCSA served a New Mexico driver, Ernisto S. Mora, with an effective shut down order as an “imminent hazard to the public safety” and ordered him not to operate any commercial vehicle in interstate commerce on July 3rd. The incident leading to the federal order occurred on June 13th at 3:55PM CDT when Mora veered into oncoming traffic in a construction zone in Pratt County, Kansas. Mora’s passenger, as well as the driver of the other truck, were both killed in the accident.
During a roadside inspection at 10AM that same day, Mora had been placed out-of-service for 10 hours for failure to provide any record-of-duty-status. The driver’s truck had also been placed out-of-service with “numerous safety deficiencies,” according to the FMCSA. The violations included severely worn tires and defective breaks. FMCSA regulations require that vehicles with violations should not be driven until all repairs are made. In this instance, the tractor had been repaired but not the trailer.
During the investigation of the fatal crash, the FMCSA estimated that the driver had been driving continuously for at least 38 of the 45 hours prior to the crash. It was also discovered that the electronic logging device (ELD) may have been disabled or disconnected in prior trips.
Mora has been charged by the State of Kansas for two counts of involuntary manslaughter. Other charges include following too closely, operating a commercial motor vehicle (CMV) after being declared out-of-service, and for violating hours-of-service (HOS) safety regulations that are designed to prevent fatigued driving.
EZ Logz strongly supports the use of ELDs to save lives. Your drivers risk their lives every day that rogue operators like this are let loose on US roadways. Fleet managers also have an obligation to monitor their driver’s behavior to prevent abuse. Rogue operators attempt to drive down freight rates. Make sure we all have a level playing field.
Traffic safety personnel will be on the lookout for unsafe commercial and passenger vehicles. The ultimate goal for this enforcement to work towards zero deaths on the roadways.
Unsafe behaviors such as distracted driving, failure to use seatbelts and disobeying traffic laws count for a majority of crashes on our roadways. Without these dangerous habits, a majority of accidents can be avoided. CVSA’s Operation Safe Driver Week was created to help reduce the number of deadly crashes involving large trucks and other vehicles. During Operation Safe Driver Week, there will be increased CMV and passenger vehicle traffic enforcement.
The CVSA will work with the FMCSA and other transportation agencies across North America with the use of educational and traffic enforcement strategies, aiming to improve the habits of all drivers, especially involving CMVs.
To find out more information about events happening in your area, contact the agency in your jurisdiction.
Contact information can be found at: https://cvsa.org/contactpage/contacts/law-enforcement-lead-agency-contacts/
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) today announced new regulatory guidance clarifying the longstanding 150 air-miles hours-of-service agricultural commodity exemption as well as providing additional explanatory detail of the “personal conveyance” provision.
“Due to input from commercial vehicle stakeholders and the public, the Department has taken steps to provide greater clarity and flexibility regarding the intent and effect of these regulations, for the agricultural and other sectors,” said U.S. Secretary of Transportation Elaine L. Chao.
FMCSA published Federal Register notices proposing regulatory guidance for the transportation of agricultural commodities and the use of personal conveyance in December, 2017 and requested public comment. FMCSA is providing clarity on the use of the agricultural exemption and personal conveyance to both industry and law enforcement along with providing as much flexibility as possible for the industry, while maintaining safety.
“We are dedicated to finding effective solutions to challenges, exploring new opportunities for innovation and constantly seeking ways to improve,” said FMCSA Administrator Raymond P. Martinez.
In all, nearly 850 public comments were submitted to the Federal Register dockets on the proposed guidance pertaining to the transportation of agricultural commodities as well as on the personal conveyance provision.
The new regulatory guidance is developed within a clear, questions-and-answers format and explains the 150 air-mile radius agricultural commodity exemption and how the “source” of the commodity is determined. For a copy of this guidance, see: https://www.fmcsa.dot.gov/ag-commodity-guidance.
Likewise, the new regulatory guidance outlines – and includes numerous examples – under what circumstances a commercial motor vehicle driver may operate the truck or bus for personal conveyance. For a copy of this guidance, see: https://www.fmcsa.dot.gov/personal-conveyance-guidance.