FMCSA Declares Pennsylvania-Licensed Driver an Imminent Hazard to Public Safety
WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has declared Pennsylvania-licensed commercial vehicle driver Elwood M. Roberson to be an “imminent hazard” to public safety and ordered him to immediately cease operating any commercial motor vehicle (“CMV”) in interstate commerce. Mr. Roberson was served the Federal order on April 25, 2022.
On February 11, 2022, Mr. Roberson was operating a CMV transporting propane, a hazardous material, on River Road in Manor Township, Pennsylvania. Mr. Roberson crossed the center line of the road and side-swiped an on-coming vehicle. Mr. Roberson was taken into custody and administered a blood alcohol test by the Manor Township Police Department. Mr. Roberson’s blood alcohol content was 0.21, more than five times the 0.04 legal limit for CMV drivers. Under the Federal Motor Carrier Safety Regulations (FMCSRs), drivers with a commercial driver’s license (CDL) are subject to a variety of prohibitions on use of alcohol prior to and while driving CMVs, including a prohibition on using any alcohol within four hours of driving and a prohibition on driving with an alcohol concentration of .04 or greater.
Mr. Roberson is now listed as prohibited in FMCSA’s Drug and Alcohol Clearinghouse and faces possible criminal charges in Pennsylvania.
FMCSA’s imminent hazard order states that Mr. Roberson “failed to exercise an appropriate duty of care to the motoring public while operating a CMV that was transporting propane, a hazardous material. Specifically, [he] ignored FMCSRs relating to alcohol use and the safe operation of a CMV. These violations and blatant disregard for the safety of the motoring public demonstrated by these actions substantially increases the likelihood of serious injury or death to [him] and the motoring public if not discontinued immediately.”
Failing to comply with the provisions of the Federal imminent hazard order may result in civil penalties of up to $2,072. Knowing and/or willful violations may result in criminal penalties.
A copy of the imminent hazard order issued to Elwood M. Roberson is available here.
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