PRESS RELEASE HEADLINE: Tulsa Truck Accident Lawyer Says FMCSA Order Closing Kansas Trucking Firms Indicates Prevalence Of Fatigued Truck Driving

September 28, 2012

Robert L. Rode of the Rode Law Firm cites out-of-service order declaring Kansas company knowingly dispatched truck drivers ‘in a potentially fatigued or excessively fatigued condition.’ 

Tulsa, OK (PRWEB) September 28, 2012 Oklahoma truck accident attorney Robert L. Rode said today the federal order that took two Kansas-based trucking firms out of service is a strong sign of how often truck drivers on our nation’s roads are likely to be fatigued or otherwise overworked. 

“The out-of-service order issued to the two HP Distribution trucking firms says the company either allows or requires drivers to violate hours-of-service regulations for time behind the wheel,” said Rode, who founded the Rode Law Firm in Tulsa.  

“The flagrancy of the violations cited by the FMCSA (Federal Motor Carrier Safety Administration) indicates that putting fatigued truck drivers back on the highway is an ongoing practice in the trucking industry,” Rode continued. 

The FMCSA ordered commercial trucking company HP Distribution LLP and the affiliated HP Distribution LLC to immediately cease transportation operations on September 12. The federal order said a thorough review of the companies’ operations uncovered extensive hours-of-service violations. 

“HP Distribution LLP and HP Distribution LLC currently permit or require drivers who operate commercial motor vehicles in interstate commerce to violate the FMCSA hours-of-service regulations by flagrantly falsifying their records of duty status,” says the order that declared the firm an “imminent hazard.” 

“(Y)ou dispatch drivers to the highways in a potentially fatigued or excessively fatigued condition and without regard for their or the public's safety,” the out-of-service order says. “Your actions substantially increase the likelihood of serious injury or death to drivers who operate commercial motor vehicles for HP Distribution LLP and HP Distribution LLC, and to the motoring public.” 

Federal regulations administered by the FMCSA dictate the number of hours a commercial truck driver may spend behind the wheel without breaks of specified lengths. Drivers are also required to maintain logs of their time on and off duty. 

“The frightening part of the out-of-service order is the background, which says the FMCSA first cited HP Distribution for serious hours-of-service violations in 2006, then again in 2009. But, despite making promises to take remedial action, the firm carried on with business as usual,” Rode said. 

The Rode Law Firm investigates truck and other commercial motor vehicle (CMV) accidents in the preparation of personal injury and wrongful death lawsuits on behalf of Oklahoma residents injured in trucking accidents.


The veteran attorney said trucker fatigue is a factor in many commercial truck accidents.


“Ignoring trucker fatigue and sending a drowsy driver back on the road is a dangerous yet common practice among trucking firms trying to make an extra buck or two by skirting the rules,” Rode said. “We find out far too often that a trucking accident can be traced back to fatigued driving.” 

An FMCSA investigator determined that 72 percent of HP Distribution’s drivers who were audited had falsified their records, the FMCSA order said. 

Rode said anyone injured in an accident involving a tractor-trailer or another commercial motor vehicle should contact an experienced truck accident lawyer. 

“As this action by the FMCSA shows, there are ways to uncover falsified logs and determine whether a truck driver who was in an accident should not have been on the road,” he said. 

“If an injury or a death occurs in a trucking accident that was caused by a fatigued truck driver, then the trucker and the trucking company should be held accountable, and the injured parties deserve to be compensated for their losses,” Rode said.




HEADLINE: NHTSA: Nearly 10% of Fatal Crashes Involved Distracted Driving

September 26, 2012

Distracted driving was cited as a contributing factor in nearly 10% of all fatal crashes in 2010, while that number nearly doubles (to 18%) for crashes where individuals were injured, according to a report by the National Highway Traffic Safety Administration.

The report studied all vehicle crashes in 2010, analyzing how influential distracted driving behaviors were in those crashes. (NHTSA notes that the numbers reported for 2010 should not be compared to the data collected for 2009, as the...

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FMCSA Shuts Down 78-Truck Fleet

September 19, 2012

KANSAS CITY, KS  -- The Federal Motor Carrier Safety Administration (FMCSA) has deemed a 78-truck Kansas City general freight carrier an imminent hazard to the public and has shut it down.


Late last week, HP Distribution LLP and its affiliate HP Distribution LLC were ordered to cease all transportation operations.

According to a statement from the FMCSA, a thorough review of HPs’s operations uncovered extensive hours-of-service violations.

Investigators learned that HP let drivers falsi...

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FMCSA Puts Clock on New Entrant Applications

August 20, 2012

New entrants to trucking will face a shorter deadline for correcting problems in their applications, under a new policy by the Federal Motor Carrier Safety Administration.

 Applicants for authority have to clear a safety audit. If the would-be carrier does not pass, it must show that it is taking action to fix the problem.

 Under the agency's new policy the applicant must submit its corrective action plan with 15 days of the audit.

 Some violations require expedited action by the applic...

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HEADLINE: OSHA orders reinstatement of driver, $190,000 in back payment

August 9, 2012

Byline: Deborah Whistler, Fleet Owner

 OSHA has ordered Georgia-based Interline Logistics Corp. to rehire a whistle-blowing Sauk Village, IL, driver who reported that his truck had brake problems and was ordered by the company to take the rig to the shop in violation of federal hours of service regulations.

 According to OSHA investigators, a dispatcher told the driver to take the truck to a repair shop. He refused, stating that doing so would force him to work more hours than Dept. of T...

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HEADLINE: FMCSA strike force targets boozing, drug-taking drivers

August 2, 2012

The Federal Motor Carrier Safety Administration has identified nearly 300 commercial truck and bus drivers who continued driving after testing positive for drugs or alcohol.The IDs were made during the FMCSA's annual "Drug and Alcohol Inspection Strike Force" and the drivers were ordered off the road.

In addition to citing 287 drivers, the FMCSA instituted enforcement actions against 128 companies for allegedly failing to adhere to federal drug and alcohol rules.

An FMCSA official, speaking o...

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FMCSA Refocusing Attention in Safety Audits

July 18, 2012

Byline: Don Jerrell, Contributor


HNI recently held a workshop called FMCSA Safety Audit Requirements and How to Prepare, featuring FMCSA and Wisconsin State Patrol officials talking about new policies and procedures in place. It was brought to our attention that not only is FMCSA's auditing process changing, but so are the techniques used by the auditors.

With CSA being the most common reason for a visit from FMCSA, most carriers will not receive a "full compliance review" but instead w...

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Transportation News

July 16, 2012

On July 11, 2012, Federal Motor Carrier Safety Administration (FMCSA) Deputy Administrator Bill Bronrott testified about the Compliance, Safety, Accountability (CSA) program before the U.S. House of Representative’s Committee on Small Business. Deputy Bronrott’s written testimony discusses CSA’s safety benefits and its impact on small businesses, and is posted on FMCSA’s Website. Some of the key points of the testimony are listed below:

  • Independent analysis indicates the CSA Safety...

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HEADLINE: Trucking company flagged for poor maintenance

July 15, 2012

The Atlanta Journal-Constitution; Thursday, July 12, 2012

By Katie Leslie


The trucking company involved in a wreck that killed an 8-year-old Decatur boy and severely injured his mother Wednesday has been flagged by federal transportation officials for a history of unsafe practices.

CW Transport LLC, a small trash-hauling fleet based in Atlanta, has so many vehicle maintenance violations that it ranks among the worst 6 percent of companies its size across the country, federal records s...

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Researchers Identify Common Factors in Truck-Related Crashes

July 11, 2012

Two Kansas State University civil engineers are working to make Kansas roads and highways safer by reducing the number and severity of vehicular crashes that involve large, cargo-carrying trucks.

Sunanda Dissanayake, associate professor of civil engineering, and Siddhartha Kotikalapudi, master's student in civil engineering, India, are looking at five years' worth of statistics about crashes involving commercial trucks. Although large trucks account for just 3% of registered vehicles in the ...

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DOT Compliance Resource Links

Criterion Drug and Alcohol Testing
NC Department Of Revenue (Motor Fuel Tax Forms)
N.C. Department of Public Safety(State Highway Patrol)
NCDOT Oversize/Overweight(Permits Unit)
Commercial Vehicle Safety Alliance (CVSA)
International Fuel Tax Association Inc (IFTA)
North Carolina General Assembly (NCGA)