FMCSA Says Nevada Trucker Is ‘Imminent Hazard’
WASHINGTON, DC (TruckingNewsNow.com) (SourceL USDOT) — The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has declared Nevada-licensed commercial driver Mamadou Diaby to be an imminent hazard to public safety and has ordered him not to operate any commercial motor vehicle (CMV) in interstate commerce. Diaby was served the federal order on January 3, 2020.
Diaby, a commercial driver’s license (CDL) holder, is president and sole owner of the trucking company 4 U Logistics, Inc., USDOT No. 2995923.
On December 12, 2019, while operating a 4 U Logistics tractor-trailer en route from Missouri to Colorado, Diaby was observed driving erratically and subsequently stopped by Kansas Highway Patrol Officers. Diaby failed a field sobriety test, recording a significantly elevated blood alcohol level. Officers later found opened alcoholic beverage containers in a cooler next to the driver’s seat.
Diaby was previously convicted in the Spring of 2018 of having one or more opened alcoholic beverage containers in his truck cab.
During the December 12, 2019, stop, Kansas Highway Patrol Officers also discovered that Diaby’s trucking company, 4 U Logistics, 11 days earlier, had been ordered by FMCSA to cease all commercial transportation operations upon receiving an Unsatisfactory Safety Rating following a comprehensive safety investigation.
Less than one week earlier, on December 6, 2019, Diaby was stopped in Ohio for a roadside safety inspection while operating a 4 U Logistics tractor-trailer with a commercial load that had departed from Colorado. Ohio State Highway Patrol Officers cited Diaby for records-of-duty status violations – and for violating the FMCSA December 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.”
Failure to comply with the provisions of a federal imminent hazard out-of-service order can result in action by the U.S. Attorney’s Office for equitable relief and punitive damages. Civil penalties of up to $1,848 may be assessed for each violation of operating a commercial motor vehicle in violation of the order. Knowing and/or willful violation of the order may also result in criminal penalties.
Diaby also may be subject to a civil penalty enforcement proceeding brought by FMCSA for his violation of the Agency’s safety regulations.