In a case that may complicate enforcement of safety rules, the Federal Highway Administration was forced to reverse an out-of-service order on a trucking company.
A Department of Transportation Administrative Law Judge found that the order against Dave Kistler and Grandson Trucking, Kempton, PA, could not stand because it was based on history rather than current incidents. FHWA used a statistical comparison of Kistler's out-of-service performance to the national average to justify the order - but the law requires a clear imminent hazard of serious injury or death.
According to Kistler's attorney, Anthony J. McMahon, FHWA admitted that it ordered the company out-of-service without pointing to that kind of hazard. Also at issue, he said, is the quality of the data the agency uses to justify its orders. "A carrier selected for a compliance review based on conclusions drawn from the data may be able to mount a successful challenge to its selection."
FHWA had no comment. "It's an ongoing investigation," a spokesman explained.
Out-of-Service Order Reversed
In a case that may complicate enforcement of safety rules, the Federal Highway Administration was forced to reverse an out-of-service order on a trucking company
More Safety & Compliance

Deadline Extended for HDT Truck Fleet Innovators Nominations
Heavy Duty Trucking has extended the deadline for nominations for its Truck Fleet Innovators awards. The deadline has been extended to May 22.
Read More →
Supreme Court Ruling Puts Freight Broker Vetting Practices in Spotlight
The unanimous SCOTUS ruling in the closely watched Montgomery v. Caribe case allows state negligence claims against freight brokers that hire unsafe motor carriers, raising new liability and vetting concerns among brokers.
Read More →The Truck Safety Tech K&B Transportation Says Is Making a Difference [Watch]
Can technology help prevent truck crashes? In this HDT Talks Trucking Short Takes episode, K&B Transportation explains how it’s using cameras, speed management tools, cellphone-blocking technology, and other systems to improve safety and reduce risk across its fleet.
Read More →Listen: Inside Modern Fleet Safety: AI, Cameras & Speed Control at K&B Transportation
Fleet safety is evolving fast—and technology is at the center of it. Learn how a former commercial vehicle enforcement officer turned director of safety at K&B Transportation is embracing real-world safety technology.
Read More →
FMCSA’s Motus System Is Coming. What Fleets Need to Know Now
FMCSA's long-awaited registration system promises a single portal — and tighter fraud controls. And there are steps you need to take by May 14.
Read More →
Avoiding Winter Pileups: Don’t Become the Next Link in the Crash-Chain
Winter roadway “pileups” aren’t one crash — they’re a chain reaction. Here’s what triggers them, how truck drivers can spot the danger early, and what to do if you're suddenly trapped in the mess.
Read More →
Freightliner Expands Detroit Assurance with New Intersection and Turning Safety Tech
Detroit’s next-generation ABA6 safety system adds cross-traffic detection and enhanced side guard assist with left-turn protection, targeting high-risk urban scenarios.
Read More →
'Beyond Compliance,' Regulations, Driver Coaching on ATRI’s 2026 Research List
The American Transportation Research Institute will examine driver coaching, regulatory impacts — including the "Beyond Compliance" concept —and weather disruptions that shape trucking operations.
Read More →
FMCSA Revamps DataQs to Improve Fairness, Speed of Reviews
New requirements add firm deadlines and independent review steps, addressing long-standing complaints about inconsistent rulings and slow response times.
Read More →
FMCSA Extends Paper Medical Card Exemption … Again
Five states still aren't ready to accept commercial driver medical exam information directly from the medical examiner's registry.
Read More →
