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FMCSA Orders Washington State Trucking Company To Cease Activities

by Jake Tully - Published: 12/07/2017

In a press release issued by the Federal Motor Carrier Association (FMCSA) earlier today, the U.S. Department of Transportation agency reports that it has ordered Even Flo Logistics, a Tumwater, Washington-based trucking company to cease operations due to the posing a hazard to public safety.

According to the FMCSA, Even Flo Logistics has been ordered to stop both interstate and intrastate activates after investigators found the company to be an “imminent hazard to public safety.”

Additionally, the FMCSA reports that it served an imminent hazard order to Shawn Roberts, a truck driver for Even Flo Logistics, prohibiting Roberts from operating a truck or other commercial vehicles in interstate commerce.

The FMCSA reports that the order served to Roberts was given due to the drivers, “"…. blatant disregard of [federal safety regulations] and continued disregard for the safety of the motoring public …. substantially increases the likelihood of serious injury or death to you and/or to the motoring public."

The FMCSA said that the Washington State Patrol Motor Carrier Safety Division conducted a compliance investigation of Even Flo Logistics in August 2017 after roadside inspections across multiple states over the course of the year revealed large safety violations that saw Shawn Roberts operating outside of the out-of-service at a rate of more than 13 times than what the national average has reported.

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In addition to the roadside inspections, the FMCSA also found that Roberts operated a commercial vehicle holding only a learner’s permit on at least two occasions and that Even Flo Logistics allowed Roberts to operate in interstate commerce on at least one occasion during a period in which the State of Washington had suspended or withdrawn his CDL.

The FMCSA has also reported that Even Flo Logistics did not ensure that testing for controlled substance and alcohol was properly conducted within a necessary time frame, nor was post-accident testing proctored in an official manner.

Washington State Patrol investigations ultimately gave that motor carrier a federal safety rating of “Unsatisfactory” reports the FMCSA, in which the company was ordered to stop operations on October 10, 2017.

Despite this order, reports the FMCSA, Even Flo Logistics was found operating on at least two occasions.

Among the offenses that Roberts was cited for, the driver saw citations for operating a commercial motor vehicle without a valid commercial driver’s license, being on the influence of narcotic drugs/amphetamines while on duty, possessing an intoxicating beverage while on duty or driving, among other offenses.

The FMCSA reports that Roberts has been involved in four crashes since January 2017 and is facing drug-related criminal charges in both Arizona and Wyoming.

Roberts also reportedly posted a photo on his social media account of a 12-year-old operating a truck and in July 2017 Roberts posted a photo of a metal clamp attached to a gas pedal of a commercial motor vehicle alongside the caption “When your cruise control brakes [sic] the fix."

The FMCSA reports that Even Flo Logistics may be assessed for civil penalties up to $26,126 for each violation relating to the out-of-service order, as well as a potential fee of no less than $10,000 in civil penalties for providing transportation requiring federal operating authority registration.

Separate of Even Flo Logistics, Roberts may be assessed a civil penalties fee of up to $1.811 for each violation of operating a commercial motor vehicle in violation of the imminent hazard order.