FMCSA places Utah driver out of service

The Federal Motor Carrier Safety Administration recently placed a Utah truck driver out of service following an accident that injured two passengers of the vehicle with which he collided in September.

Eddie D. Price was declared to be an imminent hazard to public safety and the FMCSA ordered him not to operate any commercial motor vehicle in interstate commerce. He was served the federal order on Oct. 12.

out of serviceThe FMCSA issued a statement, which explained:

Price completed a USDOT-required pre-employment controlled substances test, the result of which was verified as positive for methamphetamine on September 13.

On Sept. 14, one day after the controlled substances test was confirmed as positive, Price operated a commercial motor vehicle in Utah and was involved in a crash with a pick-up truck. Both the driver and the passenger of the pick-up truck suffered severe injuries and were airlifted to a Salt Lake City-area hospital.

Following the crash, Price’s then employer (Superior Service Transport) provided him with a list of substance abuse professionals and information on the federally required return-to-duty process for positive-testing CDL holders, including a required evaluation and the completion of a recommended education and/or treatment program. Price refused to complete the mandatory return-to-duty process and, subsequently, Superior Service Transport terminated his employment.

On Oct. 4 Price informed Superior Service Transport that he found another driving position. He also stated that he did not intend to tell future employers about the positive test or include his former employer on employment applications.

FMCSA’s imminent hazard out-of-service order states that Price’s “… continued operation of a CMV in interstate commerce poses an imminent hazard … (as) you fail to exercise an appropriate duty of care to the motoring public.” Additionally, the order states that Price “ignore(s) the (federal safety regulations), including the prohibitions on operating a CMV after having tested positive for controlled substances and failing to comply with the mandatory return-to-duty process.” Price also may be subject to a civil penalty enforcement proceeding brought by FMCSA for his violation of the agency’s safety regulations.