Trucking news and briefs for Monday, April 1, 2024:
The Federal Motor Carrier Safety Administration has effectively shut down Texas-licensed commercial driver Jerry Hernandez and ordered him to immediately cease operating any commercial motor vehicle in interstate or intrastate commerce.
On March 22, Hernandez was operating a large concrete pumping truck for FJM Concrete Pumping LLC when he crossed the center line and hit an oncoming school bus transporting pre-K students. As a result of the crash, the school bus flipped over and a 5-year-old child was killed, the 33-year-old driver of a car behind the bus was killed, and dozens of passengers were injured.
Following the crash, Hernandez admitted to the investigating law enforcement officers that he had smoked marijuana the night before the crash and had used cocaine in the early morning hours before the crash.
According to the Imminent Hazard order, in addition to the recent crash, Hernandez also has “a history of using controlled substances while being employed as a professional CMV driver.” FMCSA said he had been prohibited from operating CMVs three times for drug use, and he was currently prohibited from operating CMVs at the time of the crash based on an April 2023 positive test that revealed he had been using cocaine. Hernandez is listed as “prohibited” in FMCSA’s Drug and Alcohol Clearinghouse, and FMCSA is working with the state of Texas to disqualify his CDL.
Failing to comply with the provisions of the Federal Imminent Hazard Disqualification Order may result in civil penalties of up to $6,974. Knowing and/or willful violations may result in criminal penalties.
[Related: Truck driver shut down after train-derailing crash in Tennessee]
