Driver shut down by FMCSA after violating out of service order

Tn shut Down Sign

A Minnesota trucker was ordered to not operate a commercial vehicle after violating an out-of-service order received while driving in Vermont. 

The Federal Motor Carrier Safety Administration earlier this week announced it had declared Jordan Bane to be "an imminent hazard to public safety" and ordered him not to operate any commercial motor vehicle in interstate commerce.  Bane was served the federal order on March 5.

A statement from the FMCSA explains:

On Feb. 17 Bane was operating a tractor-trailer in Fair Haven, Vermont when he underwent a roadside safety inspection conducted by a Vermont Department of Motor Vehicles enforcement officer. While asking for Bane's license and other documentation, the officer detected a strong odor of marijuana. The officer asked for permission to search the truck cab and sleeper berth compartment, which was granted. The officer discovered multiple containers labeled to suggest they contained marijuana. A field test conducted on one of the containers was positive for marijuana. The officer also found an unlabeled pill bottle containing three different types of pills. By using an online identifier, the officer found all the pills to be Schedule II controlled substances for which Bane did not possess a prescription.

The enforcement officer further found two synthetic urine kits; one opened and used, and the other unopened. Synthetic urine kits are commonly used to avoid a positive controlled substances test.

Bane was issued a citation for possession of a narcotic drug in violation of Vermont State law, and in accordance with the Commercial Vehicle Safety Alliance’s North American Standard enforcement criteria, was ordered out-of-service for 24 hours.

Despite the out-of-service order, less than 24 hours later, Bane was stopped by the same Vermont Department of Motor Vehicles enforcement officer, this time in Barre, Vermont, about two hours from Fair Haven.  

Bane has been previously twice convicted by the State of Minnesota for Driving Under the Influence of Alcohol, and once convicted for Driving Under the Influence of Drugs.

RELATED: FMCSA issues 'imminent hazard shutdown order to Ohio driver

FMCSA’s imminent hazard out-of-service order states that Bane's “blatant and egregious violations of the (federal safety regulations) and disregard for the safety of the motoring public … substantially increases the likelihood of serious injury or death to you and/or to the motoring public.”

Failing to comply with the provisions of the federal imminent hazard order may result in civil penalties of up to $1,895 for each violation. Knowing and/or willful violations may result in criminal penalties. 

Bane may not operate a commercial motor vehicle until he undergoes evaluation by a certified medical examiner and provides evidence he is qualified to return to driving duties.