FMCSA Declares Missouri Truck Driver to be an Imminent Hazard to Public Safety
WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has declared Missouri-licensed truck driver Bruce Andrew Pollard to be an imminent hazard to public safety and has ordered him not to operate any commercial motor vehicle (CMV) in interstate commerce. Pollard was served the federal order on August 2, 2019.
On July 14, 2019, Pollard, a commercial driver’s license (CDL) holder, was operating a tractor-trailer in an active work zone along Interstate 465 eastbound near Keystone Avenue in Indianapolis, Indiana, when his truck, traveling faster the posted speed limit, collided into the rear of a line of vehicles. A fire erupted and two young children and their mother were killed; seven other individuals were hospitalized Following the crash, Indiana State Police arrested and charged Pollard with three counts of reckless homicide, and one count of reckless operation of a vehicle in a highway work zone.
A subsequent investigation by FMCSA investigators found that Pollard had a history of careless driving and had been disciplined and later terminated in April 2019 by his previous employer for repeated instances of unsafe driving.
In applying for his latest truck driving position in June 2019, Pollard failed to disclose his employment with the previous motor carrier, failed to disclose his termination and the reason for his termination. Pollard falsely certified on his job application that he had not previously been involved in a crash. It is a violation of USDOT/FMCSA regulations to make fraudulent or intentionally false statements on a federally required, safety sensitive, document.
FMCSA’s imminent hazard out-of-service order states that Pollard’s “blatant and egregious violations of [federal safety regulations], local operating laws … and ongoing and repeated disregard for the safety of the motoring public … substantially increases the likelihood of serious injury or death to you and the motoring public.”
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 $1,848 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.
Pollard also may be subject to a civil penalty enforcement proceeding brought by FMCSA for his violation of the Agency’s safety regulations.
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