The Federal Motor Carrier Safety Administration makes it common practice to shut down unsafe carriers, keeping both drivers and the general public safe. Recently however, these same carriers have been re-opening their doors – sometimes in as little as a few weeks – under a new name and pulling all the same tricks. These “Chameleon Carriers” often run with the same drivers, the same dangerous equipment, and the same dubious business practices because there’s no system in place to stop them from doing so over and over again.
A mere two months after the FMCSA ordered the closure of Lebanon, TN based Three Angels Farms because of flagrant safety violations, the agency was issuing another notice to Terri’s Farm under charges that it was operating as a chameleon carrier.
The FMCSA issued a press release saying Terri’s Farm of Murfreesboro, TN, was ordered to shut down because the company was “operating the same vehicles, and maintaining the same operational and safety management structure as former horse transporter, Three Angels Farms.” Three Angels Farms was owned by Edwin Ayache and Dorian Ayache.
The horse transport company was originally shut down because of two separate accidents which caused the deaths of four horses. Upon further investigation of those accidents, the FMCSA stated that not a single one of the companies drivers were “qualified to operate a commercial motor vehicle.”
Thankfully, Terri’s Farm was shut down before any other serious accidents could occur, but chameleon carriers can go for much longer without being caught, often with serious consequences. If the FMCSA is so concerned with safety, shouldn’t they be doing more to prevent this? Or does the fault lie elsewhere?
Source: http://www.fmcsa.dot.gov/about/news/news-releases/2012/Three-Angels-Farms-Shut-Down.aspx
I just left a job who dont follow fmcsc rules all single drivers run as teams (open express) he was dhit diwwn last year under calin inc.. he fired me cause i would not deliver during my 10 hour sleep break after completeing my 14 hour on duty drive. I said repower or reschedule.. so he fired me. Whatever
It isn’t always carriers who have been shut down already. I’ve seen companies do this who have amassed big amounts in debt, including fines and lawsuits. Just dissolve the company and reopen under a new name, then, magically, all the debt is gone. I know of one which burned the local gas station for more than 8,000 dollars worth of fuel bills.
The FMCSA has a lot of work in front of them, especially as it pertains to this issue. These carriers hurt carriers like myself, we are a small carrier with 3 trucks. I have updated all 3 trucks, and all 3 trailers, the cost of doing this was enormous. These illegal carriers,and shippers/brokers that use them, need to be held accountable. Trucking today is expensive, carriers like this haul freight for nothing thus hurting everyone, and this directly effects safety, because they can’t or won’t fix the problem due to lack of capital. Carriers,and drivers need to change their way of thinking as trucking rolls into the 21st century! This is not 1980! The equipment,regulations, have all changed. The changes are for everyone’s benefit, the public,drivers,carriers brokers/shippers and the environment. Carriers,that operate legally should stand united,with the FMCSA
Mike Simon
Mike Simon Trucking LLC.
There are a number of these type of carriers all over. I have had the misfortune of working for a couple. They find the loop holes in the laws faster than a mafia CPA to keep their trucks rolling. I know of one company in Durant OK that just in two years get shut down 3 times only to get a new tax ID and be back on the road before the ink was dry on their shut down order. The old couple that was doing it have now given up but only due to age and health.
This is one of many problems cursing the trucking industry . after 40 yrs of trucking it is only getting worse for the driver and the companys they drive for prosper. I beleive companys should be responcable for there drivers just as they are for there trucks.Ive seen more drivers sitting in truck stops with no food or anything this causess fatigue and stress for everyone or brokers not regulated and that makes it harder for eveyone . so lets bring theise things to light
The FMCSA doesn’t investigate the applicants for operating authority well enough. I briefly worked for a woman, with 2 trucks, who had limited mantainence facilities, and only a handyman, possibly illeagle, to do the work. Anybody who hires drivers, should have a shop or a contract with a shop to handle mantainence. The same things I wrote up on my first trip for her, still hadn’t been fixed, when I quit a month later. Some as simple as a marker light. She ran on a shoestring and never activated the fuel card. She had to send me money for each fueling.
I agree with this to an extent, there’s a lot of carriers that are trying to follow fmcsa yet we have several DOT Officials who have a grudge against a specific company and doing what they can to shut them down. Ex a: this particulate officer I’m referring to shut me down for a hose on my trailer not being properly attatched and my gps being within my wiper blade range. I drive a 379 Pete for those who know the dash sits a little higher than for day a cascadia. The gps was resting only dash attached to my window. Now after reviewing my states law there is no where stating that it had to be within a certain range of anything it just said “must be propley maintained and clear of distractions” . It was not distracting me of anything but the view of my hood.
So it’s not ALWAYS the carrieds faults. In the particular case shown if they isn’t even have qualified drivers then yes but not all carriers that get hit down deserve it. I found out later this particular officer has a grudge against my boss from high school drama!
P.s. the hose on the trailer we fought and won it was not an out of service it was only and enough to be warned it needed fixing. I also won the gps mounted positioning. After many many photos and a demonstration with my truc to the judge we won it too.
I can’t help but notice when the FMCSA demands the driver follow all of the rules, the carriers are quick to make the drivers tow the line. So when it comes time for the carriers to do their part I’ve been reading reports like this. These are the same carriers who would demand all drivers stay out at three weeks at a time. Weekends off use to be never tolerated by these carriers. Agree, the FMCSA will have their hands full dealing with all these crooks.
As some states go after the trucking company about leasing loopholes about the driver not being able going after the company in court , it should be made a federal rule the trucking company will not repeat not keep a driver from seeking legal recourse because the company doesn’t want them.
Too many of these carriers are having the driver sign a form stating they cannot sue the carrier even before they fill out a W-2 form. So the driver is out of luck if an when the carrier screws the driver over some petty crap
Boy, isn’t this the truth. I moved down here to Texas to haul crude. The company I moved here for was a small “Family operation”. They told me before I moved here “We run DOT legal, we have older trucks, but there well maintained”… What a mistake! Brake issues, Wiring issues, no speedometer or odometer, lights in dash didn’t work, No A/C (violation for Hazmat in south) the list went on. I quit after they didn’t get things fixed I asked to be fixed. Don’t work for Shrock Express, LLC!!!! Found out this guy had other companies before back in Missouri. A real piece of work.
Talk about spelling and grammar and then write and spell like the one who’s doing the complaining? Remember “People in glass houses shouldn’t throw stones”
Part of the problem is the attitude of driver and owners alike.Because the way the Trucking industry has gotten so tough to make a living the attitude of the owners and drivers has turned to crap. With lower rates,sky high fuel & other costs,broken promises,super heavy traffic,construction on every major highway you travel, Cops( both State & Local) that see trucks as a source of “Easy Revenue) I’m surprised that there is still a trucking industry.
The way the system has evolved, has caused an industry that used to take care of there own,into an industry that says ” What can you do for me but BTW F you” There was a time when a Driver was in trouble, by that i mean broke down, lost etc, other drivers would go out of there way to help them and the companies encouraged this practice.Companies now frown on drivers stopping to help other drivers and the drivers themselves couldn’t care less also. Cops used to help, now they take the advantage to inspect and ticket a broke down truck.
The government,the trucking companies(small & large) and everyone involved in this industry have to be able to work together or you wind up worse the we are now. The first thing to go when prices and rates get out of control is maintenance. Drivers wages go down, the quality of driver goes down, quality of safety goes down.The trucking industry is in sad shape and Greed has had a lot to do with it.It’s pretty scary when you look at an industry as big as Americas Trucking Industry and see wages being offered in 2012 that we were getting in 1990 WTF, there is something very wrong with this picture.
Like the driver before me, it’s a sad day for trucks and truckers on the road today. EVERYTHIING Big Brother (Federal Govt) has stuck their noses into and become involved in has gone down the drain hole: regulation wise, revenue wise and ease of use. I have to admit that TODAY the majority of drivers on the road are truly UNprofessional and need somebody to keep an eye on them, but I think the same applies to some law enforcement officials. Professionals are no longer as professional, in all professions, not just on the road. And the new HOS safety regulations are NOT safe. They are totally unhealthy and unsafe. Convicted criminals have more rights than truckers. And a marker light is not an unsafe reason to be pulled over and yet it’s used for that purpose. Somebody (that knows and understands the trucking industry) needs to sit down with the Federal Govt and start from the beginning, but politics are politics and that will never happen. So my trucking friends, all I can say is that if you are now a trucker, grin and bear it. It’s not going to get better. As more things are possible to happen in trucking (you know what I mean…shit happens) all you can do is try to drive safer and smarter and not be the one in the predicament. “Cause when it happens there’s always gonna be someone to change a law to make it so it can’t happen without severe consequences. (Like talking on a cell phone ); DUH. So go ahead and get it off your chest, yell, complain, grumble, whatever makes you feel better and relieves the stess, then get back behind the wheel and enjoy the drive. It is what it is and it isn’t gonna change any time soon for us truckers.
Maybe, just maybe if we as driver stop working for companies like this it wouldn’t bw such a big problem. Brokenwing, you are right sometime DOT officials can be and are petty, especially with smaller carriers.
At ynnis ….
Your attack on the spelling and grammar of others is kind of like “The pot calling the kettle black”.
Your spelling and grammar isn’t exactly up to par either.
I totally agree! If I had been his English teacher, I would mark , “F”!
66,000 new carriers applied for USDOT #’s last year…along with 500,000 existing carriers. FMCSA has 1000 staff of which half or more are in Washington DC; adminstration, legal staff, etc. So exactly who should look at each and every applicant’s status and past history, that they hide behind numerous names, corporate identities, etc, and a proper investigation of which would take days and days? Hmmm…how big do you want government to get?
The trick to this is that this was a corporation, who was then able to start as another corporation when the first one was shut down. It costs a small amount when compared to the profits made, so there is zero incentive for such individuals to either get their act together, or shut down and find some other business to be in. In this case, this was just an unsafe motor carrier, with unsafe equipment and, judging by the willingness of drivers to make the transition to the new corporation, unsafe drivers.
More often than not, such corporations tend to remain at least somewhat safe, to avoid detection by federal agencies. Instead, they operate with every intention of not paying employees, not paying their bills (except insurance policies required for motor carriers and employers), and then shutting down, reopening as a new corporation with zero debt, and repeating the scam. They troll state agency job boards for workers who have no choice but to accept the jobs being offered, and start the scam all over again. If a particular state catches on, they simply incorporate in another state before any legal process is completed. This scam typically nets about $10,000 per month per corporate officer (usually 4 people, who are usually related by blood or marriage). The typical turnover time between corporate names is 12 months, and it can take over a decade for a particular state to catch on to the corrupt enterprise, though actual convictions are very rare.
So long as they remain safe, however, they never come to the attention of federal agencies. As corporations, the corporate officers are not responsible for any debts, with one single exception, employees hired and directed by corporate officers. I was one such person, and my ability to obtain a judgment caused them to have to move to another state years before they had planned. My judgment against them expires in October 2013 (10 year limit), and I have yet to be able to locate them. I’m not holding my breath on collecting anything, but at least I was able to drive them out of my home state at the time.
The problem lies primarily at the state level, where the rules regarding corporations allows those conducting corrupt businesses to escape any legal liability whatsoever if they are careful, and so long as the corporation shuts down before coming to the attention of regulators, they can repeat the cycle of harming others as often as they wish. As explained, this is a very profitable business model, so long as they do not attract the attention of federal agencies.
Attempts to have the rules governing corporations changed to hold such persons legally liable for their scams have failed miserably, since most elected officials are afraid that their political careers will be ended if they try to regulate corporations in ways that removes liability protections for illegal conduct. What few attempts have been made have indeed resulted in the ending of a few political careers, without any changes being made.
Until corporate officers are forced to be laible for illegal conduct, this problem will only get worse, whether it is an unsafe carrier or a safe one scamming many.