The U.S. Department of Transportation’s (DOT’s) Federal Motor Carrier Safety Administration (FMCSA) has declared Connecticut-licensed truck driver Allen R. Johnson, Sr. to be an imminent hazard to public safety and has ordered him not to operate any commercial motor vehicle (CMV) in interstate commerce. Johnson was served the federal order on November 8, 2016.
On November 2, 2016, Johnson, a commercial driver’s license (CDL) holder, was operating a CMV when he was involved in a single-vehicle roll-over crash along Interstate 89 near mile marker 80 in Vermont.
A field sobriety test conducted on Johnson by Vermont State Police at the scene of the crash detected the presence of alcohol.
Johnson told Vermont State Police investigators that the crash occurred after he set the cruise-control to hold the vehicle at a constant 63 miles per hour and then stood up to change his pants.
FMCSA’s imminent hazard out-of-service order states that Johnson’s “…continued operation of a commercial motor vehicle substantially increases the likelihood of serious injury or death to [himself] and to the motoring public if not discontinued immediately.”
Failure to comply with the provisions of a federal imminent hazard out-of-service order may result in action by the U.S. Attorney’s Office for equitable relief and punitive damages. Civil penalties of up to $3,100 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.
FMCSA is also considering civil penalties for the safety violations discovered during the investigation and may refer this matter for criminal prosecution.
