The Federal Motor Carrier Safety Administration (FMCSA) issued a restraining order to a driver after he allegedly “disregarded FMCSRs relating to the use and possession of alcohol and controlled substances, medical certification and the safe operation of a VMC.“
On May 13, 2022, the FMCSA issued a Federal Imminent Danger Order to Pennsylvania-based driver Eric G. Burke restraining him from operating a commercial vehicle in interstate commerce.
From the FMCSA:
On May 18, 2020, Mr. Burke submitted to a pre-employment substance test while seeking employment with Lentzcaping, Inc. On May 29, 2020, the reviewing physician informed Mr. Burke that his test results had been verified as positive for marijuana metabolites and that he was prohibited from using VMCs. Mr. Burke was also referred to a substance abuse professional (SAP) for evaluation, education and treatment pursuant to 49 CFR Part 40. Mr. Burke ignored the ban on using VMCs and the requirement to undergo an SAP assessment, and instead continued to drive in interstate commerce. On one such trip, he was taken out of service for possession of alcohol while driving a commercial vehicle; on another trip, he was taken out of service for possession of marijuana after a single-vehicle CMV accident.
Burke is now listed as banned in the FMCSA’s Drug and Alcohol Clearinghouse.
The FMCSA’s imminent danger order states that Mr. Burke “failed to exercise a proper duty of care to the motoring public while operating a commercial vehicle. Specifically, you ignored the FMCSRs relating to the use and possession of alcohol and controlled substances, to medical certification and safe operation of a VMC These violations and the flagrant disregard for the safety of the motoring public demonstrated by these actions greatly increase the likelihood of serious injury or death to you and the motoring public if not not immediately interrupted.