Imminent Hazard Out-of-Service Order for Kalilu Koneh
WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has declared commercial vehicle driver Kalilu Koneh to be an imminent hazard to public safety, thereby prohibiting him from operating any commercial motor vehicle in interstate commerce. Koneh was served the federal order on July 6, 2021.
Koneh’s records from the Texas Department of Public Safety show that Koneh did not have any driver’s license in the past three years and currently, he is not eligible to obtain any type of driver’s license. Nonetheless, Koneh repeatedly operated a commercial motor vehicle in interstate commerce in, at least, January, February and June 2021 in violation of 49 CFR § 391.11. Additionally, in violation of 49 § CFR 390.35, Koneh falsely indicated on his commercial driver application that he possessed a valid driver’s license.
On June 16, 2021, Koneh was notified of his positive test result for marijuana metabolite. Under 49 CFR § 391.41(b)(12), a driver is not qualified to operate a commercial motor vehicle if he or she uses any drug or substance identified in 21 CFR § 1308.11, Schedule I. Since marijuana is a 21 CFR § 1308.11, Schedule I drug, Koneh is not qualified to operate commercial motor vehicles. However, Koneh continued to operate a commercial motor vehicle in interstate commerce while disqualified in in violation of 49 CFR §§ 391.11 and 391.41(b).
Additionally, in January, February, and March 2021, Koneh falsified records of duty status in violation 49 CFR § 395.8(e)(1). On March 12-13, 2021, he operated a commercial motor vehicle in interstate commerce beyond the 11-hour driving limit and more than 14 hours after coming on duty in violation of 49 CFR § 395.3.
FMCSA’s imminent hazard out-of-service order states that Koneh’s "operation of any commercial motor vehicle in interstate commerce substantially increases the likelihood of serious injury or death if not discontinued immediately.”
Failure to comply with the provisions of the federal imminent hazard order may result in civil penalties of up to $1,928. Each day operating in violation of this order will constitute a separate violation and may result in a separate penalty. Knowing and/or willful violations may result in criminal penalties.
Koneh may not operate a commercial motor vehicle in the United States until such time he fully complies with the remedial actions outlined by FMSCA.
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