After a fatal crash that killed two passengers, including a 5-year old boy, a Federal Motor Carriers Safety Administration investigation revealed Kamway Services and its owner to be in violation of multiple federal safety statutes and regulations.
FMCSA declared the Lowell, Massachusetts-based trucking company an imminent hazard to public safety and ordered it to cease all interstate and intrastate commercial operations. The company’s owner and commercial driver John Kamau was also declared an imminent hazard to public safety.
On Nov. 18, Kamau was driving a Kamway Services box truck on Interstate 95 in York County, Maine, when he struck the rear of a passenger vehicle that had slowed because of traffic. The impact pushed the vehicle into another truck ahead of it, killing both of the occupants of the passenger vehicle.
An investigation found that at the time of the crash, Kamau was medically disqualified from driving a commercial vehicle in interstate commerce. Investigators later found that Kamway had failed to comply with several safety regulations, including:
- Failing to comply with any driver qualification requirements, including ensuring that its drivers were properly licensed and physically qualified to operate a commercial motor vehicle. During the investigation, a Kamway Services management official stated that it maintained no driver records, including a driver qualification file for Kamau.
- Failing to properly monitor its drivers to ensure compliance with hours-of-service regulations. A Kamway Services management official stated the company maintained no records-of-duty-status or supporting documents.
- Failing to ensure that its vehicles were regularly inspected, maintained, repaired, and met minimum safety standards. During FMCSA's investigation, Kamway Services was unable to produce the required maintenance records or periodic vehicle inspection reports.
The FMCSA says it is also considering civil penalties for the safety violations discovered during the investigation and may use the findings in a criminal prosecution.