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FMCSA Declares Texas Motor Carrier to be an Imminent Hazard to Public Safety

Friday, January 28, 2022

WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has declared Houston, Texas-based motor carrier Adversity Transport, Inc., USDOT No. 3424480, to be an “imminent hazard” to public safety and ordered the motor carrier to immediately cease all interstate and intrastate operations.  The motor carrier was served the Federal order on January 25, 2022.

On December 10, 2021, Adversity Transport violated a standing out-of-service order issued for failing to permit an investigation into its safety fitness.  A subsequent FMCSA review of Adversity Transport’s roadside safety performance record found the motor carrier to be egregiously noncompliant with multiple Federal safety regulations, including: Driving of CMVs (49 CFR Part 392); Parts and Accessories Necessary for Safe Operations (49 CFR Part 393); drivers’ Hours of Service (49 CFR Part 395); and Vehicle Maintenance and Inspection (49 CFR Part 396).  In addition, two of Adversity Transport’s drivers were found to be driving while prohibited or suspended.

Adversity Transport’s vehicle out-of-service rate is 89%, compared to a national average of 21%, and its driver out-of-service rate is 50%, compared to a national average of 6%.  Adversity Transport fails to ensure its drivers drive safely and its drivers have received numerous citations for violations such as speeding, texting while driving, and being in possession of a controlled substance while driving.  Adversity Transport also fails to ensure its vehicles are safe.  Roadside inspections revealed pervasive vehicle maintenance problems including unsafe tires, unsafe brakes, and cracked frames.  Adversity Transport also fails to ensure its drivers comply with the requirements to track their hours of service, designed to prevent fatigued drivers from continuing to drive. 

FMCSA’s imminent hazard out-of-service order states that Adversity Transport’s “…..complete and utter disregard for the [federal safety regulations] substantially increases the likelihood of serious injury or death for your drivers and the motoring public if your operations are not discontinued immediately.”

Failing to comply with the provisions of the Federal imminent hazard order may result in civil penalties of up to $28,142 for each violation.  Adversity Transport may also be assessed civil penalties of not less than $11,256 for providing transportation in interstate commerce without operating authority registration, and up to $15,876 for operating a CMV in interstate commerce without USDOT Number registration.  Knowing and/or willful violations may result in criminal penalties.

A copy of the imminent hazard order issued to Adversity Transport is available here.

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