FMCSA Shuts Down Trucking Company as Imminent Hazard to Public

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White long-haul truck on the highway.

If you want to enter the trucking industry, be sure to understand the value of safety. Whatever your personal opinions on it may be, the fact is that most companies prioritize following safety regulations, and if they don’t, the Department of Transportation does.

WASHINGTON – The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) has ordered Grand Ridge, Fla.-based Ken's Trucking, LLC, USDOT No. 1050616, to immediately shut down following a federal investigation that revealed numerous widespread violations of critical safety regulations.  The company, which was declared an imminent hazard to public safety, operated a fleet of 33 truck-tractors transporting general freight, including refrigerated food, in the southeastern United States.

"Safety is our highest priority and we will not allow truck and bus companies that disregard vital safety regulations to continue endangering the motoring public," said Transportation Secretary Anthony Foxx.  "Businesses that transport commercial cargo are responsible for ensuring that their vehicles are properly maintained and safely operated by qualified and well-rested drivers at all times, and we will continue to vigorously enforce these standards to protect every traveler on our roads.

 

In August, FMCSA launched a safety investigation into Ken's Trucking, which is owned and managed by Kenneth Branch.  In the past year, trucks operated by Ken's Trucking were involved in five recordable crashes, with at least two of the crashes attributable to maintenance deficiencies, including a broken driveshaft that fell onto the roadway and caused a collision with a passenger vehicle.  In another recent crash, the driver for Ken's Trucking had a suspended commercial driver's license (CDL) for previously testing positive for methamphetamines.

In the past 12 months, Ken's Trucking's 29 commercial drivers received 15 citations for speeding and 10 additional citations for other traffic citations.

The FMCSA safety investigation found the following violations of federal regulations:

  • Failing to properly oversee and maintain driver qualification files, including medical certification and driving violation records.  Mr. Branch, himself a CDL driver for the company and who was involved in a 2014 crash attributable to vehicle maintenance deficiencies, failed to maintain even his own driver file.
     
  • Allowing drivers who tested positive for drugs, in possession of suspended CDL, or in possession of an expired medical certificate to operate commercial vehicles in interstate commerce.  In the past year, Ken's Trucking dispatched two drivers who had tested positive for controlled substances during random tests and two other drivers who tested positive in pre-employment drug tests without requiring the drivers to undergo proper return-to-duty procedures.  For a period of 17 months, Ken's Trucking continually dispatched a driver whose CDL had been suspended for speeding violations.  Mr. Branch, who was in charge of Ken's Trucking's safety compliance, did not himself participate in federally mandated random drug and alcohol testing of CDL drivers.
  • Failing to properly monitor drivers to ensure compliance with federal hours-of-service (HOS) limitations to prevent fatigued driving.
  • Failing to systematically inspect, repair and maintain its commercial vehicles.  Drivers for Ken's Trucking were not required to conduct inspections of their commercial vehicles or submit driver inspection reports.  During the past 12 months, 42 roadside inspections were conducted on Ken's Trucking vehicles resulting in 112 safety maintenance violations.

"Complying with federal safety regulations for commercial truck and bus companies is critical because in an instant, a seemingly minor infraction can result in a needless crash with tragic consequences," said FMCSA Acting Administrator Scott Darling III.  "Our message is this: companies that choose to run outside the law and put the public at risk will be put out of business."

The order directs Ken's Trucking to cease all commercial motor vehicle operations, including all interstate and intrastate transportation, from all dispatching locations or terminals.

A copy of the imminent hazard out-of-service order can be viewed at www.fmcsa.dot.gov/newsroom/Kens-Trucking-IHOOS

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