FMCSA Declares Kentucky Truck Driver to be an Imminent Hazard
The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has declared Kentucky-licensed truck driver Jerry L. Jasper to be an imminent hazard to public safety and has ordered him not to operate any commercial motor vehicle (CMV) in interstate commerce. Jasper was served the federal order on March 19, 2018.
On December 6, 2017, Jasper, a commercial driver’s license (CDL) holder, was operating a large commercial truck on Kansas 4 Highway in Rush County, when he was stopped by a Kansas Highway Patrol Officer for a speeding violation. Upon further inspection, Jasper was found to be driving with a suspended commercial driver’s license (CDL) and in violation of multiple hours-of-service regulations designed to prevent fatigued driving. The Kansas Highway Patrol Officer also found drug paraphernalia in the truck cab whereby Jasper was placed under arrest and taken to the Barton County Jail. He subsequently posted bond and was released.
On December 8, 2017, while operating a large commercial truck in Missouri, Jasper was stopped in Warren County along Interstate 70 for a roadside safety inspection. A Missouri State Highway Patrol Officer again found Jasper operating with a suspended CDL and in violation of multiple hours-of-service regulations.
FMCSA’s imminent hazard out-of-service order states that Jasper’s continued operation of a CMV “… substantially increases the likelihood of serious injury or death to you and 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 $1,811 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.
Jasper also may be subject to a civil penalty enforcement proceeding brought by FMCSA for his violation of the Agency’s safety regulations.