FMCSA Orders Shutdown of South Carolina Trucking Company

DOTFMCSA authorities have ordered the shutdown of yet another trucking company for putting the public’s safety at risk, they claim. The agency made the announcement Thursday.

According to transportation officials, Mortise Trucking Company in Darlington, South Carolina is an authorized for-hire motor carrier hauling steel, wood and recycle plastic. The trucking company has been in operation reportedly since 2005. From serious maintenance deficiencies to failure to conduct alcohol testing of drivers, details of the report are rather damning.

“Any vehicle, especially a large commercial combination vehicle such as a truck and trailer, that is not maintained or repaired and allowed to become a serious public hazard, is absolutely unacceptable,” said FMCSA Chief Counsel Scott Darling.  “FMCSA’s safety regulations exist to protect everyone.  Compliance is not optional.  If a motor carrier does not adhere to the safety regulations, we will see that it does not operate.”

In late-March of this year, FMCSA safety investigators launched an investigation of Mortise Trucking, owned by Carnell Pompey, and found that the company was in serious violations of federal regulations. Some of the things that were discovered included:

  • FAILING TO SYSTEMATICALLY INSPECT, REPAIR AND MAINTAIN ITS COMMERCIAL VEHICLES  On six separate occasions in the past 12 months, a tractor-trailer operated by Mortise Trucking was placed out-of-service following roadside safety inspections for mechanical defects including inadequate brakes, brake system pressure loss, oil-contaminated brake and steering components, and worn tires.
  • FAILING TO CONDUCT REQUIRED CONTROLLED SUBSTANCE AND ALCOHOL USE TESTING REGULATIONS.
  • FAILING TO COMPLY WITH DRIVER QUALIFICATION REQUIREMENTS AND DRIVERS’ HOURS-OF-SERVICE REGULATIONS DESIGNED TO PREVENT FATIGUE.

“You (Carnell Pompey) have been unable or unwilling to produce the records indicating that all out-of-service maintenance violations and deficiencies were corrected before the CMV was operated again,” the order reads.

As a result, the FMCSA imminent hazard order directs Mortise Trucking to stop all commercial motor vehicle operations immediately, including all interstate and intrastate transportation, from all dispatching locations or terminals.

FMCSA also simultaneously revoked the carrier’s federal operating authority and suspended its USDOT number.  Violating an imminent hazard out-of-service order and operating without operating authority and a USDOT number may result in civil penalties up to $60,000 as well as a criminal penalty, including a fine of up to $25,000 and imprisonment not to exceed one year.

If you or someone you know have been injured by a commercial truck, call the truck accident attorneys at EJ Leizerman & Associates today to learn how we possibly can help with your case. Consultations are free. You can reach us at 1-800-628-4500.

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