Hours, logbook violations get Mexican carrier booted from pilot program

Updated Feb 13, 2014

mexicoUntitled-1For the first time since the program’s 2011 inception, the Federal Motor Carrier Safety Administration has revoked the authority of a Mexican carrier participating in its cross-border trucking pilot program. 

Sergio Tristan Maldonaldo, doing business as Tristan Transfer, had his provisional authority revoked Jan. 23 for management control violations, specifically drivers not complying with hours-of-service rules and not requiring drivers to keep records of duty status. 

The carrier had two trucks and five drivers that received a conditional rating during a compliance review Dec. 20. FMCSA gave the carrier until Jan. 19 to correct the problems, but Tristan failed to present proof that it had done so. 

The carrier also had violations related to drug and alcohol data, as it had employed a driver or drivers before receiving a negative pre-employment screening test and failed to investigate a driver’s alcohol and controlled substances history for the prior three years.

During inspections in November and December, enforcers reported four separate occasions non-English speaking drivers. In one occasion, the driver could not sufficiently understand English signs and signals. Several vehicle violations were also reported during the same inspections. 

In an inspection in September, an inspector discovered one truck was not meeting the program’s electronic logging device requirements. An exhaust leak under the cab and an inoperable mandatory lamp were also reported. 

The agency’s pilot program currently has 13 participants and is set to end in October. The agency did announce Dec. 16 it had cleared a 14th carrier for admission into the program, it does not yet listed as a participant. 

As of Feb. 2, the agency continued the investigation it began in August of a possible HOS violation of Transportes Olympic. The FMCSA is pending decision on admitting two additional applicants, has dismissed 14 others and three more have withdrawn their applications.

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