Nevada truck driver declared imminent hazard
January 15, 2020
•Land Line Staff
A failed sobriety test and ignoring orders to cease all commercial transportation operations have caused a Nevada truck driver and company owner to be declared an imminent hazard.
Nevada-licensed commercial driver Mamadou Diaby was served the order Jan. 3 by the Federal Motor Carrier Safety Administration. Diaby is president and sole owner of the Las Vegas-based trucking company 4 U Logistics Inc., U.S. DOT No. 2995923.
According to an FMCSA news release, Diaby was observed driving erratically and subsequently stopped by Kansas Highway Patrol officers on Dec. 12. He was operating a 4 U Logistics tractor-trailer en route from Missouri to Colorado.
Diaby failed a field sobriety test, according to the FMCSA. He was found to have a significantly elevated blood alcohol level. Officers later found opened alcoholic beverage containers in a cooler next to the driver’s seat.
Previous to this incident, Diaby was convicted in spring 2018 of having one or more opened alcoholic beverage containers in his truck cab.
During the Dec. 12 stop, Kansas Highway Patrol officers also discovered that Diaby’s trucking company, 4 U Logistics, had been ordered 11 days earlier by FMCSA to cease all commercial transportation operations upon receiving an unsatisfactory safety rating following a comprehensive safety investigation.
Also, less than one week earlier, on Dec. 6, Diaby was stopped in Ohio for a roadside safety inspection while operating a 4 U Logistics tractor-trailer with a commercial load that had departed from Colorado. Ohio State Highway Patrol Officers cited Diaby for records-of-duty status violations – and for violating the FMCSA Dec. 1 order to 4 U Logistics to cease all operations.
Failure to comply with the provisions of a federal imminent hazard out-of-service order can result in action by the U.S. Attorney’s Office for equitable relief and punitive damages. Civil penalties of up to $1,848 may be assessed for each violation of operating a commercial motor vehicle in violation of the order. Knowing and/or willful violation of the order may also result in criminal penalties.
Diaby also may be subject to a civil penalty enforcement proceeding brought by FMCSA for violating FMCSA safety regulations.