The Federal Motor Carrier Safety Administration (FMCSA) issues out-of-service notices to drivers and trucking companies that commit egregious or numerous safety violations. However, not every company takes the message to heart and tries to flout the transportation agency’s orders. Ekam Truck Line, LLC, a Georgia-based trucking company, attempted just such a maneuver after the FMCSA put them out of commission in 2017.

Ekam became the target of the FMCSA after receiving an Unsatisfactory safety rating. The U.S. DOT agency was willing to grant Ekam a Conditional rating if they followed specific protocols to improve their safety. Instead, Ekam ignored all of FMCSA’s provisions and tried to open a new LLC. In March of this year, FMCSA received a tipoff that Ekam rebranded itself as Daya Trucking.

On March 24, FMCSA reestablished Ekam’s Unsatisfactory rating due to noncompliance. When the U.S. DOT agency discovered Ekam’s new scheme to reemerge as Daya, they consolidated both company’s records. In their new investigation into Daya, FMCSA discovered the following violations:

  • Non-compliant Automatic On-Board Recording Devices (AOBRDs). The FMCSA will allow fleets to use compliant AOBRDs in lieu of electronic logging devices (ELDs) until December 2019. However, Daya’s AOBRDs failed to meet compliance standards. Daya drivers were able to alter their hours of services (HOS) records as well as disconnect the device to falsify their HOS records.
  • Minimum driver qualifications. Daya employed drivers without commercial driver’s licenses (CDLs) as well as suspended driver’s license.
  • Controlled substance testing. Daya hired drivers without obtaining negative results for controlled substances. They also hired drivers that had tested positive for these substances.
  • Basic maintenance. Daya failed to inspect, maintain, and repair their vehicles to meet minimum safety requirements.

On April 23, FMCSA issued an out-of-service order to Daya Trucking. Daya faces thousands of dollars in fines and FMCSA may seek additional civil penalties. This scenario demonstrates the importance of complying with FMCSA safety regulations or else trucking companies risk fines, penalties, and even jail time.

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