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
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.
More Safety & Compliance
FDA Eases Path for Oral-Fluid Testing
Federal actions could advance oral-fluid drug testing for truck drivers, but lab certification delays and marijuana rescheduling questions remain.
Read More →
Kodiak Lines Up Fleets for Driverless Trucking
An agreement for 75 trucks, a new Texas freight lane, and progress on safety validation move Kodiak closer to its planned driverless highway launch.
Read More →
More Trailer Data Through the Same Seven-Way [Video]
Can trucking’s standard seven-way connector handle more cameras and trailer data? Grote’s Adam Slade shows HDT how the company is using new technology with its 4See trailer system, not only to add a new backup camera but also to expand other capabilities — without adding another connection.
Read More →
PrePass Intelligence Mines Fleet Bypass, Toll and Safety Data
PrePass Intelligence helps fleets measure bypass savings, flag potential toll overcharges, and spot suspicious transactions by combining data from separate systems.
Read More →
Fatal Crash Exposes Toll Plaza Risks
An NTSB investigation found that last-minute lane changes and large speed differences at an Ohio toll plaza created a hazard the truck driver couldn't avoid in time.
Read More →
When Language Stops the Truck: The Return of ELP Out-of-Service Orders
English language proficiency rules for commercial drivers aren’t new, but renewed out-of-service enforcement has raised the stakes. Here’s what carriers need to know before a driver reaches a roadside inspection.
Read More →
Marijuana and Trucking’s Drug-Testing Dilemma
Marijuana is getting stronger, laws are changing, and drug tests still can’t reliably establish impairment. What does that mean for truck drivers and the fleets that employ them?
Read More →
PrePass, Kodiak Connect Driverless Trucks to Roadside Enforcement
The system will allow enforcement agencies to verify Enhanced Inspection information and decide whether Kodiak’s autonomous trucks can bypass roadside screening sites.
Read More →
From One Generation to the Next: How Mentorship Builds Safer Truck Drivers
After three decades in trucking, Harold Perry shares what he's learned about driver safety, mentorship, and helping the next generation build confidence behind the wheel.
Read More →
FMCSA Pauses Biennial-Update Enforcement Amid Motus Transition
Carriers whose updates were due on or after June 1 have more time, while FMCSA works to stabilize its new registration system and warns of phishing sites impersonating its new carrier registration system, Motus.
Read More →