FMCSA sidelines trucker who had a 0.21 BAC after collision

Updated May 2, 2022
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A trucker is prohibited from operating a commercial vehicle after he struck another vehicle in Pennsylvania and later tested with a blood alcohol count far in excess of the legal limit for truckers.

The Federal Motor Carrier Safety Administration today announced that it has declared Pennsylvania-licensed commercial vehicle driver Elwood M. Roberson to be an “imminent hazard” to public safety and ordered him to immediately cease operating any commercial motor vehicle in interstate commerce.

Roberson was served the Federal order on April 25, 2022.

On Feb. 11, Roberson was operating a CMV transporting propane, which is classified as a hazardous material, on River Road in Manor Township, Pennsylvania. A statement from FMCSA says  Roberson crossed the centerline of the road and side-swiped an on-coming vehicle. 

Roberson was taken into custody and administered a blood alcohol test by the Manor Township Police Department.  The FMCSA said Roberson’s blood alcohol content was 0.21, more than five times the 0.04 legal limit for CMV drivers.  Under the Federal Motor Carrier Safety Regulations, drivers with a commercial driver’s license are subject to a variety of prohibitions on the use of alcohol prior to and while driving, including a prohibition on using any alcohol within four hours of driving and a prohibition on driving with an alcohol concentration of .04 or greater.

Roberson is now listed as prohibited in FMCSA’s Drug and Alcohol Clearinghouse and faces possible criminal charges in Pennsylvania.

FMCSA’s imminent hazard order says Roberson “failed to exercise an appropriate duty of care to the motoring public while operating a CMV that was transporting propane, a hazardous material. Specifically, [he] ignored FMCSRs relating to alcohol use and the safe operation of a CMV. These violations and blatant disregard for the safety of the motoring public demonstrated by these actions substantially increases the likelihood of serious injury or death to [him] and the motoring public if not discontinued immediately.”

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Failing to comply with the provisions of the federal imminent hazard order may result in civil penalties of up to $2,072.  Knowing and/or willful violations may result in criminal penalties.