The DOT's Federal Motor Carrier Safety Administration ordered an owner-operator to cease...

The DOT's Federal Motor Carrier Safety Administration ordered an owner-operator to cease operations.

Photo: DOT

The Federal Motor Carrier Safety Administration declared Nevada-licensed commercial driver Mamadou Diaby to be an imminent hazard to public safety and ordered him not to operate any commercial motor vehicle in interstate commerce.

Diaby, a CDL holder, is also president/owner of 4 U Logistics Inc. The Jan. 3 order cited a Dec. 12, 2019, incident where he was pulled over for erratic driving while operating a tractor-trailer en route from Missouri to Colorado. Kansas Highway Patrol officers gave Diaby a field sobriety test, which recorded a significantly elevated blood alcohol level. Officers also found opened alcoholic beverage containers in a cooler next to the driver’s seat. Diaby was previously convicted in the 2018 of having one or more opened alcoholic beverage containers in his truck cab.

During the stop, the officers also discovered that Diaby’s trucking company, 4 U Logistics, had been ordered by FMCSA to cease all commercial transportation operations upon receiving an Unsatisfactory Safety Rating following a comprehensive safety investigation 11 days earlier. The rating related to Dec. 6, 2019, incident when Diaby was pulled over in Ohio for a roadside safety inspection with a commercial load from Colorado. The officers cited Diaby for records-of-duty status violations – and for violating a FMCSA Dec. 1, 2019, order to 4 U Logistics to cease all operations.

FMCSA’s imminent hazard out-of-service order to Diaby states: “Your actions and the violations of the [federal safety regulations] substantially increases the likelihood of serious injury or death to you and/or to the motoring public if not discontinued immediately.”

Diaby also may be subject to a civil penalty enforcement proceeding brought by FMCSA for his violation of the agency’s safety regulations.

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