FMCSA Declares South Carolina Trucking Companies to be Imminent Hazards
December 31, 2013
The U.S. Department of Transportation's Federal Motor Carrier Safety Administration has declared two Walterboro, S.C.-based trucking companies, CER Trucking Inc. and Edward Risher Trucking, as well as its owner-driver, Clarence Edward Risher, Jr., to be imminent hazards to public safety and has ordered all three entities to immediately cease interstate commercial operations.
CER Trucking, owned by Clarence Edward Risher, was served a federal shut-down order Dec. 17. The second company, Edward Risher Trucking, owned by Risher’s son, Clarence Edward Risher Jr., was served a federal shut-down order Dec. 20. Commercial driver Clarence Edward Risher, Jr., was served a federal shut-down order Dec. 10.
The two small trucking companies transport refrigerated foods and general freight in the southeastern United States.
On Nov. 27, 2013, Clarence Edward Risher Jr., then employed as a driver for his father’s company, CER Trucking, was operating a tractor-trailer on Virginia State Route 5 in Henrico County, when he lost control of the truck, crossed the center line and collided with a passenger vehicle resulting in the death of the driver.
At the time of the crash, Risher Jr., was prohibited from operating a commercial motor vehicle. His commercial driver’s license had been suspended since 2010 and was later revoked by the South Carolina Department of Motor Vehicles for numerous violations of state and federal safety regulations. Virginia State Police investigating the crash have charged Risher Jr., with driving without a driver’s license, reckless driving, operating a commercial motor vehicle while disqualified, possession of alcohol and other violations.
Following the crash, FMCSA safety investigators initiated a separate investigation into CER Trucking. The federal investigators found that the company failed to ensure that its drivers were qualified to operate commercial motor vehicles. Besides Risher Jr., who did not possess a CDL, another CER Trucking driver had been convicted of marijuana possession while on duty, thereby invalidating his CDL, and a third driver was not medically qualified to operate a commercial vehicle.
The investigation further revealed that CER Trucking failed to monitor and ensure that its drivers complied with federal hours-of-service requirements and controlled substances and alcohol use testing regulations.
The company was unable to produce any drivers’ records of duty status or supporting documentation during the investigation. Federal investigators found that the company failed to routinely inspect, maintain and repair its vehicles to ensure they were safe to operate.
FMCSA's imminent hazard out-of-service order for Risher Jr., is based upon his multiple violations of federal safety regulations. As sole proprietor of Edward Risher Trucking, the imminent hazard conditions outlined in the federal order to Risher Jr., as a commercial driver, extend to the operations of the company he owns.