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August 22, 2017
FMCSA Announces Virginia Truck Driver as an Imminent Threat to Public Security

FMCSA Announces Virginia Truck Driver as an Imminent Threat to Public Security

The U.S. Department of Transportation’s FMCSA (Federal Motor Carrier Safety Administration) has announced Carlos Alberto Garcia Virginia-licensed trucker to be an imminent threat to public safety and has ordered him not to drive any commercial motor vehicle in interstate commerce.

Carlos Garcia was driving a large commercial truck along Interstate 495 outside of Washington, D.C., on June 24, 2017. He drove into a caution-striped, paved median area hitting two persons who had stopped their vehicle to re-secure a boat to a trailer they were pulling. One of the individuals was killed, the other was extremely injured.

Virginia State Police investigation found that Garcia had been in strict violation of federal hours-of-service regulations intended to prevent exhausted driving. It is to be noted that at the time of the accident, Garcia had been on-duty and driving more than 103 hours during the previous eight days-with only a single 10-hour break period taken.

On June 23, 2017, about 19 hours earlier at approximately 9:30 p.m., Garcia crashed a diverse large commercial truck he was driving into the back of a Washington Metropolitan Area Transit Authority (WMATA) bus that resulted in damages.

Garcia’s continued driving of a commercial motor vehicle “… substantially increases the likelihood of serious injury or death to you and the motoring public if not discontinued immediately” states FMCSA’s imminent hazard out-of-service order.

“Failure to obey the requirements of a federal imminent hazard out-of-service order may result in action by the U.S. Attorney’s Office for equitable relief and punitive damages”. Civil penalties of up to $1,811 may be measured for each violation of driving a commercial motor vehicle in violation of the order. Knowing and/or purposive violation of the order will also result in criminal penalties.

Garcia may be subject to a civil penalty execution proceeding brought by FMCSA for violating of the safety regulations of the agency.


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