The company that owns the tractor-trailer involved in a March 25 crash near Elysburg that severely injured a New York couple had its insurance policy canceled three days before the crash.
"That is not to say that they didn't have insurance at the time," said Duane DeBruney, spokesman for the Federal Motor Carrier Safety Administration (FMCSA). "Our agency doesn't have a record of it at this time."
Regardless, there's a
lengthy list of violations for Kovaschetz Trucking LLC, Danville. And the family of Richard and Brenda Shaw are citing that record as they question why no charges have been filed in the crash, which involved four vehicles and sent five people to the hospital. (See accompanying story).
Unauthorized to operate
Kovaschetz had nine driver-based and 70 mechanical violations from August 2011 until June of this year, according to FMCSA, which is part of the U.S. Department to Transportation (DOT).
In fact, FMCSA deemed the company unauthorized to operate as of April 1, although that appears to be unrelated to the Elysburg accident from one week earlier. The agency said it contacted the company on Feb. 25 to issue a warning about an insurance lapse, then ordered an "involuntary revocation" of its license April 1 when it got no response.
Despite that action, Kovaschetz trucks apparently continued to roll, as FMCSA has since reported violations, one eight days after the revocation and one as recently as June 4.
Further contradicting FMCSA's actions, Kovaschetz had a compliance safety review on May 6 and was given a "satisfactory" rating by the agency. "Satisfactory" is defined as records indicating there is no evidence of substantial non-compliance of safety requirements.
"The compliance safety review looks at all the federally mandated safety management guidelines, such as driver's record, vehicle maintenance, licensing and insurance, and drug testing levels," DeBruney said.
The discrepancies could be related to a company name change from Kovaschetz Trucking LLC to Kovaschetz Transport LLC as of April 4. The company lists an address in FMCSA's records as 601 E. Market St., Danville, in each case. An Internet search also shows an address of 2273 Mile Hill Road, Sunbury.
DeBruney, in discussing the fact that violations have been reported since the April 1 revocation order, and that the company since then passed a safety review, said FMCSA would further investigate the situation.
Records show Kovaschetz Transport owning four truck-tractors and employing four drivers, and that it hauls general freight and items including lumber, machinery, produce, coal and beverages.
Messages left at a company number Friday evening and again Saturday were not returned.
New name, new violation
The name change also resulted in a new DOT registration number, and FMCSA records show the company is insured as of May 29.
The firm's insurance record between the March 22 cancellation and May 29 is not clear, but FMCSA does have violations recorded on dates during that time, indicating Kovaschetz was operating.
"It's a very serious offense" to operate without insurance, DeBruney said.
With insurance in place, the agency granted Kovaschetz Transport authorization to operate as a "motor property common carrier" on June 4. Ironically, that same day, a truck operating under the Kovaschetz Trucking name was inspected and placed out of service for three alleged violations: worn, welded or missing steering system components, inoperative or defective breaks and failing to secure brake hose/tubing against mechanical damage, according to FMCSA records.
As for the records from August 2011 until June, vehicles either owned or leased by Kovaschetz Trucking were pulled over for on-the-road inspections 20 times. Fifty percent of those instances resulted in the vehicle being placed out of service, a rate 2.5 times higher than the national average of 20 percent, according to FMCSA.
"The tests are at random, but inspectors have access to the records on our safety measurement system, and if there is a name on a truck that they are familiar with from problems in the past, they will check them, either the vehicle or the driver," DeBruney said.
According to records, the same truck-tractor with the same plate number was stopped for inspection three times in a span of 16 days. Twice, on March 21 and 29 of this year, the vehicle was taken out of service. Violations included brake problems and fuel tank requirement violations.
Company drivers were stopped for inspection 28 times and were "taken out of service" four times for violations of driving beyond the 14-hour duty period or not having a "record of duty status."
Multiple cancellations
FMCSA records show the company had its primary liability insurance canceled on Dec. 8, 2007, and Dec. 8, 2008, had it replaced on Dec. 8, 2012, then canceled again on Jan. 21 and March 22.
Its cargo insurance was canceled on Dec. 8, 2007, Dec. 8, 2008, and Jan. 10, 2012, according to FMCSA records.