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FMCSA Orders California Truck Driver Off the Nation’s Roadways

April 27, 2016 By: Trucking News Staff Tags: Fleet Management, News, Regulations, Safety

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) has declared California-licensed truck driver Yakov Zaverukha to be an imminent hazard to public safety and has ordered him not to operate any commercial motor vehicle in interstate commerce.

Zaverukha was served the federal order in late March after operating a large commercial truck in Illinois where state police found him to have a blood alcohol level of 0.308 percent — nearly seven times the limit set by federal statute.

On that occasion, Zaverukha was also cited for possession of intoxicating beverage while on-duty or driving and for failing to retain driver logbooks for the previous seven-day period — both of which are immediate out-of-service violations. Zaverukha further received citations for the illegal transportation of alcohol and improper lane usage.

Previously, Zaverukha was convicted twice in Connecticut of alcohol-related violations while operating a commercial motor vehicle and once in Massachusetts.

Back in 2012, Zaverukha was convicted by the state of Connecticut for refusing a breath alcohol test; his CDL was suspended for eight months. Later that year, Zaverukha was again convicted in Connecticut for the same offense resulting in the suspension of his CDL for 15 months.

In 2007, the state of Massachusetts convicted Zaverukha of multiple violations of driving under the influence of alcohol/drugs while operating a commercial motor vehicle. Following that conviction, his CDL was suspended for about a year.

FMCSA’s imminent hazard out-of-service order states that his driving history “…demonstrates that Zaverukha is unwilling or unable to cease operating a commercial motor vehicle while using alcohol,” adding that his “…continued operation of a commercial motor vehicle…puts the motoring public at imminent risk for serious bodily injury or death if not discontinued immediately.”

Zaverukha also may be subject to a civil penalty enforcement proceeding brought by FMCSA for his violation of the agency’s safety regulations.

Violating an imminent hazard out-of-service order by a CDL holder may result in civil penalties of not less than $2,750 and disqualification from operating a commercial vehicle for not less than 180 days for a first offense. A second offense may result in civil penalties of up to $5,500 and disqualification from operating a commercial vehicle for not less than two years. Failure to comply with the provisions of the imminent hazard out-of-service order may also result in criminal charges brought by the U.S. Attorney’s Office.