"C&D Transportation Inc. has willfully violated an out-of-service order and continued to operate by renting vehicles on the effective date of the out-of-service order, one of which crashed; has failed to ensure that its drivers comply with commercial driver's license requirements, English proficiency requirements, and vehicle weight limits; and has committed records of duty status violations," stated the FMCSA order.
Since June, police departments in various states have conducted roadside inspections of C&D's vehicles and many citations were issued. At least four citations were given for drivers not having a CDL, at least six for exceeding weight limits, and at least six for the out-of-service violation of failing to meet English proficiency requirements.
On Oct. 4, FMCSA served C&D Transportation with an "expedited action letter" for three types of violations discovered between Dec. 2011 and Sept. 17, which included seven instances of drivers operating without a valid CDL, one instance of operating a commercial vehicle that had been placed out-of-service for needed repairs, and one instance of a driver or vehicle out-of-service rate of 50% or more based on three inspections occurring within a 90-day period.
Two more expedited action letters were sent to C&D Transportation in October. On Nov. 8, FMCSA placed C&D Transportation out-of-service because it failed to respond to the Oct. 4 letter.
On Nov. 11, a vehicle operated by C & D Transportation was involved in a one-vehicle accident in Girard, Penn.
"The accident report notes that the driver of this vehicle failed to stop at a stop sign and overturned the vehicle. The Pennsylvania State Police cited the driver for failing to possess a driver's record of duty status, operating in violation of an FMCSA out-of-service order, and an English proficiency violation," the order stated.
Due to failing to remedy violations and violating the out-of-service order, C & D Transportation was deemed an imminent hazard to public safety and ordered the interstate motor carrier to immediately shut down its operations.
C&D Transportation commercial motor vehicles and their drivers were required at the time of the order to proceed to their next immediate scheduled stop where cargo could be safely secured.