North Carolina CDL driver given out-of-service order by FMCSA

Investigation following a fatal crash reveals alcohol use and licensing violation

Posted July 3, 2017

A CDL (commercial driver’s license) driver from North Carolina is prohibited from operating any kind of commercial motor vehicle (CMV) in interstate commerce based on an order by the Federal Motor Carrier Safety Administration (FMCSA). The driver is an imminent hazard to public safety, according to FMCSA.

The decision to issue the out-of-service order is based on the circumstances surrounding a fatal crash on March 27, 2017. According to information provided by FMCSA, at approximately 2:10 a.m., the CDL driver was operating a large CMV along the Cross Bronx Expressway in New York County, New York, when he erratically switched lanes without signaling, striking a car and fatally injuring the driver and hospitalizing a passenger. The commercial driver did not stop at the scene of the crash.

Approximately five hours later, enforcement found the driver sleeping in his truck that was parked at a rest stop near Ridgefield, New Jersey. The vehicle had extensive front-end collision damage with liquids dripping from the engine compartment.

The driver initially denied his involvement in the deadly crash. Later he claimed the damage to his vehicle was the result of hitting a rock as he was backing up.

During questioning, police detected the presence of alcohol. The driver failed both a field sobriety test and a breathalyzer test.

The investigation also revealed the driver held three CDLs in his name in the states of North Carolina, Illinois, and California. This is a violation of federal regulations, which only permit possession of one CDL.

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