Trucking Company Owners Sentenced for Violating FMCSA OOS Order
October 24, 2013
The owners of an Alabama trucking company have been sentenced for their roles in running a “chameleon carrier.”
On Sep. 24, in U.S. District Court, Huntsville, Alabama, Isaac McWilliams and Heronda McWilliams were sentenced for conducting commercial vehicle operations in criminal violation of an Imminent Hazard Out-of-Service Order issued by the Federal Motor Carrier Safety Administration.
Isaac McWilliams was sentenced to 4 months incarceration, and ordered to pay a special assessment fee of $100, and Heronda Williams was sentenced to 24 months probation, and ordered to pay a special assessment fee of $100.
On Dec. 2, 2010, FMCSA conducted a compliance review of IDM Transportation. The review disclosed serious violations of the Federal Motor Vehicle Safety Regulations, and consequently, on June 14, 2011, an Operations Out-of-Service Order was issued to IDM.
This order prohibited IDM from operating, or by operating in another name, or through another company. However, in May 2011, Isaac McWilliams failed to disclose his involvement with IDM on Form OP-1 when he applied for motor carrier authority for BM&L Trucking. On the form, McWilliams falsely certified to FMCSA that he did not have, nor did he ever have any relationship with any other FMCSA regulated entity in the past three years.
Approximately one year later, in May 2012, FMCSA completed an investigation of BM&L and again found widespread serious safety violations, similar to those found during their review of IDM.
Consequently, FMCSA issued a second OOS order, this time an out-of-service order, to BM&L, IDM and to Isaac and Heronda McWilliams. In spite of this, the investigation found that BM&L and the McWilliamses continued to operate commercial motor vehicles in commerce.