Texas Fleet Declared 'Imminent Hazard' for Disregard of Safety Regs

Roadside inspection violations more than five times the national average out-of-service rate for drivers and nearly double the average vehicle out-of-service rate resulted in a small fleet in Texas being ordered out of service as an “imminent hazard.”

The Federal Motor Carrier Safety Administration ordered Jaypur Logistics LLC, USDOT No. 3150073, Houston, Texas, to immediately cease all interstate and intrastate operations.

The FMCSA review of Jaypur Logistics found the motor carrier to be “egregiously noncompliant” with multiple federal safety regulations, including drug and alcohol regulations, CDL standards, driver qualifications, unsafe driving, hours of service, and vehicle inspection, repair and maintenance.

No Driver Oversight

The company could only identify a fraction of the drivers and vehicles operating under its authority during the FMCSA investigation 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.  The company did not have the required drug-testing program, did not have an effective program to ensure its drivers were qualified and licensed, did not have a program to control drivers’ hours of service, and did not have a program to make sure its vehicles were inspected and repaired.

The April investigation was not the first time the company had problems with FMCSA. Despite a safety audit in May 2019 that the company failed due to a lack of a random drug testing program, and a compliance investigation in June 2020 where it was cited for using a driver prior to receiving a negative pre-employment controlled substances test, Jaypur still had not implemented an effective alcohol and controlled substances testing program, according to the out-of-service order.

The order also said the company had seven drivers without current commercial driver’s licenses or who were in violation of restrictions on their CDLs or commercial learner’s permits. Two recent single-vehicle crashes were the fault of factors such as fatigue, speeding, and drug use. In the past 24 months, roadside officers discovered hours of service violations in 46% of Jaypur’s roadside inspections and out-of-service HOS violations in 28%.

Its vehicle out-of-service rate is 40.5%, compared to the national average of 21.2%. Officers discovered non-working brakes and taillights, improper load securement, flat and bald tires.

'Lacks Any Knowledge of FMCSRs'

FMCSA reported that Jaypur’s sole owner, Purav Shah, appears to lack any knowledge of the FMCSRs. He does not appear to know who is operating under his DOT number, what vehicles they are using, or what they are carrying. During the April 2022 compliance investigation, Shah provided a driver list with 29 drivers. However, according to Jaypur’s roadside inspections, approximately 50 drivers not on this list operated CMVs for Jaypur in 2021. Similarly, Shah provided an equipment list identifying 18 truck tractors, but roadside data shows over 50 additional power units used by Jaypur.

Failing to comply with the out-of-service order could result in civil penalties of up to $29,893 for each violation. Jaypur Logistics also may be assessed civil penalties of at least $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 also could result in criminal penalties.