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Washington Dc Party Shuttle

Washington Dc Party Shuttle

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Published by jkarp1229

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Published by: jkarp1229 on Apr 24, 2013
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07/14/2014

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UNITED STATES DEPARTMENT OF TRANSPORTATIONFEDERAL MOTOR CARRIER SAFETY ADMINISTRATION) Order No.: DC-2013-5000-IMHWASHINGTON DC PARTY SHUTTLE,LLC, DBA ONBOARD DC TOURS LLCUSDOT 1512579MC 56652 THOMAS SCHMIDT)) ServiceDate: _) _________________ ))))))
IMMINENT HAZARDOPERATIONS OUT-OF-SERVICE ORDER
 
 This is an Imminent Hazard Operations Out-of-Service Order (“Order) issued by theSecretary of Transportation pursuant to 49 U.S.C. § 521(b)(5)(A), 49 U.S.C. § 13905(f), 49U.S.C. § 31144(c)(1), (2), and (5), and 49 C.F.R. § 386.72(b)(1), and pursuant to a delegation of authority to the Regional Field Administrator, Eastern Service Center, Federal Motor CarrierSafety Administration (“FMCSA”), United States Department of Transportation (“USDOT”),Glen Burnie, Maryland. This Order applies to
 
Washington DC Party Shuttle LLC, dba OnboardDC Tours, LLC (USDOT#1512579) and Thomas Schmidt, individually (referred to collectivelyherein as “you,” “your,” and/or “Washington DC Party Shuttle”), and to all vehicles owned oroperated by Washington DC Party Shuttle.
 
 The Secretary and FMCSA find your continued operation of any commercial motorvehicle (herein “commercial motor vehicles,” “motor vehicles,” and/or “motor coaches”)constitutes an imminent hazard. This finding means that based upon your present state of unacceptable safety compliance, your operation of any commercial motor vehicle poses animminent hazard to public safety.
 
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Effective immediately, you must cease operating any commercial motor vehicles,specifically including the commercial motor vehicles listed in Appendix A to this Order.
“Operate” or “Operating” includes without limitation all interstate and intrastate transportationby drivers from all dispatching locations or terminals. Washington DC Party Shuttlescommercial motor vehicles, specifically including the commercial motor vehicles listed inAppendix A to this Order, may not be operated in interstate or intrastate commerce by any othermotor carrier or any driver; such commercial motor vehicles may not be operated – even withoutpassengers. Any movement of Washington DC Party Shuttles commercial motor vehicles,specifically including the commercial motor vehicles identified in Appendix A of this Order, toany storage or repair or other location for the purposes of repair, sale, storage, or final destinationmust be accomplished only by towing, such that the commercial motor vehicle itself is not drivenor operated; Washington DC Party Shuttles commercial motor vehicles may be moved onlyupon the written approval of the Regional Field Administrator for FMCSAs Eastern ServiceCenter. Your commercial motor vehicles and their drivers now in interstate or intrastatecommerce may proceed to their next immediate destination, which is defined as the nextscheduled stop for vehicles already in motion where the passengers can be safely accommodated.(
See
49 C.F.R. § 386.72(b)(4) and (5)). You may not load or transport any additional passengers.
Within eight (8) hours of the service of this Order, you must submit to the RegionalField Administrator in writing by facsimile the location of each of the commercial motorvehicles operated by Washington DC Party Shuttle, including those vehicles identified inAppendix A of this Order
. Your submission must be sent to:Regional Field Administrator(443) 703-2253 (facsimile)
 
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I.
 
 JURISDICTION
Washington DC Party Shuttle, LLC dba Onboard DC Tours, LLC is a passenger motorcarrier engaged in interstate commerce using commercial motor vehicles and employing driversand is therefore subject to the Federal Motor Carrier Safety Regulations (“FMCSRs”), 49 C.F.R.Parts 350-399, and the alcohol and controlled substances regulations at 49 C.F.R. Part 40, as wellas the Orders of the USDOT and FMCSA. (
See
49 U.S.C. §§ 506, 507, 13501, 31133, 31136,and 31144.) Washington DC Party Shuttle is required to comply with, and to ensure that itsdrivers comply with, the FMCSRs and Orders of the USDOT and FMCSA. (49 C.F.R. §390.11). Thomas Schmidt is the CEO/President of Washington DC Party Shuttle and is theindividual directly responsible for management, control, direction, and oversight of theoperations of Washington DC Party Shuttle. This Order has the force and effect of any otherOrder issued by the FMCSA and is binding upon Washington DC Party Shuttle, as well as anyand all of its officers, members, directors, successors, assigns, and closely affiliated companies. This Order applies to all motor carrier operations and all vehicles owned, leased, rented orotherwise operated by Washington DC Party Shuttle.
II.
 
BASIS FOR ORDER
 The basis for determining that Washington DC Party Shuttle’s motor carrier operationspose an imminent hazard to the public is that Washington DC Party Shuttle fails to monitor andensure that its drivers comply with drivers’ controlled substances and alcohol use and testingrequirements, and has repeatedly permitted or required a driver who tested positive for acontrolled substance to perform a safety-sensitive function by dispatching that driver to operate apassenger-carrying commercial motor vehicle. Further, Washington DC Party Shuttle has noeffective systematic maintenance program for its passenger-carrying vehicles, which has led to,among other things, significant safety problems and dangerous conditions on its buses.

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