FMCSA (the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration) has declared Earnest Paul Biddwell, Tennessee-licensed trucker to be an imminent hazard to public safety. In addition, FMCSA suspended his operation of any commercial motor vehicle in interstate commerce. Paul Bidwell was served the federal order since Cotomer, 2017.
On August 3, CDL holder Didwell was operating a large commercial truck along Tennessee State Route 305 in McMinn County (Tenezee) when the gooseneck trailer divided from the truck, traveled across the center line striking a ruck trailer in the opposing lane and caused it to veer off the roadway into the ditch and up a ridge before it upturned. The driver of the overturned truck died at the scene.
Though the gooseneck trailer had disjointed from his truck, Biddwell continued to drive till he was stopped by police officers. Biddwell then tested positive for controlled materials. Controlled materials were also found in the cab of the truck.
Biddwell was operating with a revoked CDL at the time of the crash without owning a valid medical certificate Biddwell had been cited four times for violations of records-of-duty status (RODS) in the previous two years, and three times for functioning a commercial vehicle equipped with a radar detector.
A post-crash examination of Biddwell’s truck and gooseneck trailer by the Tennessee Department of Safety showed six out-of-service violations, plus serious safety shortages covering braking components, improper breakaway or emergency braking equipment, fuel tank construction and lighting devices and refective components.
FMCSA order of imminent hazard out-of-service states that Biddwell’s continued operation of a commercial motor vehicle in interstate commerce “… substantially increases the likelihood of serious injury or death to you and the motoring public if not discontinued immediately.”
Failure to obey the provisions of a federal imminent hazard out-of-service order may end in action by the U.S. Attorney’s Office for rational relief and punitive damages. Civil penalties of up to $1,811 may be assessed for each violation of operating a commercial motor vehicle in violation of the order. Knowing and/or willful abuse of the order may also result in criminal penalties.
