News Release

October 17, 2007

KCC assesses $145,750 in fines against 62 motor carriers

The Kansas Corporation Commission (KCC) assessed $145,750 in fines and penalties against 62 motor carriers for violations of Commission rules and regulations during the fourth-quarter of the state's fiscal year 2007 (April 1, 2007 – June 30, 2007). The violations were discovered during Safety Compliance Audits of 136 motor carriers, performed by the Commission's Transportation Division.

In fiscal year 2007 (July 1, 2006 through June 30, 2007) 607 Safety Compliance Audits were performed. These audits revealed safety violations with 213 motor carriers, resulting in fines of $397,750. This represents an increase in fines and penalties of $147,500 or approximately 58 percent from fiscal year 2006.

The Commission has fined the following motor carriers:

• Adoracion Chavira d.b.a. RC Trucking, Wichita, Kans. $5,500 for five safety violations. The violations include failure to implement a post accident alcohol and/or controlled substance test; allowing or requiring a driver to operate a commercial motor vehicle without a valid medical examiners certificate; and allowing or requiring a driver to operate a commercial motor vehicle more then 11 hours without being off-duty 10 hours, after being on-duty more then 14 hours without being off-duty 10 hours, and more than 70 hours in a 8 day period.
• Autry Enterprises LTD, Wichita, Kans. $500 for failure to maintain a current motor vehicle record for each driver employed.
• ARR Roofing LLC d.b.a Boone Brothers Roofing, Omaha, Kans. $500 for failure to maintain a current motor vehicle record for each driver employed.
• Atchison Casting Corporation, Atchison, Kans. $1000 for two safety violations. The violations include failure to maintain a current motor vehicle record for each driver employed and for allowing or requiring a driver to operate a commercial motor vehicle without a periodic inspection.
• Befort Trucking L.L.C., Hays, Kans. $6,500 for seven safety violations. The violations include failure to require duty status reports; allowing or requiring a driver to operate a commercial motor vehicle more then 11 hours without being off-duty 10 hours, after 14 hours on-duty without the required 10 hours off-duty, and more than 70 hours in a 8 day period; allowing or requiring a driver to operate a commercial motor vehicle in excess of the allowed gross weight, without a valid medical examiners certificate; and to make false entries in a record of duty status report.
• Bixenman Brothers Inc., Grainfield, Kans. $4000 for two safety violations. The violations include failure to maintain a complete driver qualification file for each driver employed and allowing or requiring a driver to operate a commercial motor vehicle in excess of the allowed gross weight.
• Brian K. Kuhn d.b.a. Brian Kuhn Transportation, Baxter Springs, Kans. $2000 for three safety violations. The violations include failure to implement an alcohol and/or controlled substance testing program, maintain current motor vehicle records for each driver, and for allowing or requiring a driver to operate a commercial motor vehicle without a periodic inspection.
• Brian Yutzy d.b.a. Southwest Seed Research LLC, Hutchinson, Kans. $500 for failure to maintain a current motor vehicle record for each driver employed.
• Brodie J. Cline d.b.a. Brodies Full Service Station Inc., Emporia, Kans. $500 for allowing or requiring a driver to operate a commercial motor vehicle without a valid medical examiners certificate.
• Builders Plus Concrete LLC, Wichita, Kans. $1000 for failure to implement an alcohol and/or controlled substance testing program for each driver employed.
• Landmark Landscape LLC, Topeka, Kans. $2,500 for four safety violations. The violations include failure to implement an alcohol and/or controlled substance testing program, maintain driver qualification files, allowing or requiring a driver to complete a trip without completing a driver vehicle inspection report, and without a periodic inspection.
• Chanute Insurance Pool Inc., Chanute, Kans. $500 for failure to maintain a current motor vehicle record for each driver employed.
• Charles Marcellus, Liberal, Kans. $4000 for four safety violations. The violations include failure to implement an alcohol and/or controlled substance testing program, maintain driver qualification files, require record of duty status reports, and allowing or requiring a driver to complete a trip without completing a driver vehicle inspection report.
• Darlene Schlegal d.b.a. R & S Construction and Mid America Pumping, Pratt, Kans. $3000 for four safety violations. The violations include failure to implement an alcohol and/or controlled substance testing program, maintain driver qualification files, maintain motor vehicle maintenance records, and for allowing or requiring a driver to operate a commercial motor vehicle without a periodic inspection.
• Dave's Lawn Care Inc., St. George, Kans. $500 for allowing or requiring a driver to complete a trip without completing a driver vehicle inspection report.
• Davis Southiere d.b.a. Southiere Trucking, Oskaloosa, Kans. $500 for allowing or requiring a driver to operate a commercial motor vehicle without a valid medical examiners certificate.
• D & G Contracting, Havana, Kans. $2,500 for four safety violations. The violations include failure to implement an alcohol and/or controlled substance testing program, maintain driver qualification files, vehicle maintenance records, and for allowing or requiring a driver to operate a commercial motor vehicle without a periodic inspection.
• Buchman's E-Z-Go, Alta Vista, Kans. $2,000 for two safety violations. The violations include failure to implement an alcohol and/or controlled substance testing program and maintain driver qualification files.
• Dennis McIntyre & Joe Wilcox d.b.a. Dead Broke Trucking, Tribune, Kans. $5,500 for two safety violations. The violations include allowing or requiring a driver to complete a trip without completing a driver vehicle inspection report and operate a commercial motor vehicle in excess of the allowed gross weight.
• Derek Sumner d.b.a. S & S Harvesting, Norcatur, Kans. $1,000 for two safety violations. The violations include allowing or requiring a driver to complete a trip without completing a driver vehicle inspection report and without a periodic inspection.
• DeRusseau Inc., Clyde, Kans. $4,500 for four safety violations. The violations include failure to maintain current motor vehicle records for each driver, failure to require record of duty status reports, allowing or requiring a driver to complete a trip without a driver vehicle inspection report, and allowing or requiring a driver to operate a commercial motor vehicle transporting hazardous material without having documentation on file of hazardous material training for each driver.
• El Angel Inc., Wichita, Kans. $3,000 for allowing or requiring a driver to make false entries in the record of duty status report.
• Evergrow Inc., Sublette, Kans. $6,500 for seven safety violations. The violations include failure to implement an alcohol and/or controlled substance testing program, to maintain driver qualification files, to require drivers to forward the original record of duty status report within 13 days of completion, allowing or requiring a driver to operate a commercial motor vehicle after being on-duty 14 hours without being off-duty the required 10 hours and allowing or requiring a driver to complete a trip without completing a driver vehicle inspection report.
• F G Holl Company LLC, Wichita, Kans. $500 for failure to maintain a current motor vehicle record for each driver employed.
• Garmin International Inc., Olathe, Kans. $500 for failure to maintain current motor vehicle records for each driver.
• Gary Johnson Trucking Inc., Salina, Kans. $3,500 for four safety violations. The violations include failure to implement an alcohol and/or controlled substance testing program, failure to maintain motor vehicle records for drivers, failure to require drivers to prepare record of duty status reports, and allowing or requiring a driver to complete a trip without completing a driver vehicle inspection report.
• Golden Belt Trucking LLC, St. John, Kans. $4,000 for two safety violations. The violations include allowing or requiring a driver to complete a trip without completing a driver vehicle inspection report and operating a commercial motor vehicle in excess of the allowed gross weight.
• Herl Ag Spraying LLC, Grainfield, Kans. $2,500 for two safety violations. The violations include failure to implement an alcohol and/or controlled substance testing program and allowing or requiring a driver to complete a trip without completing a driver vehicle inspection report.
• Hi Lo Industries d.b.a. Bridgewood Custom Cabinetry, Chanute, Kans. $1,000 for two safety violations. The violations include failure to maintain current motor vehicle records and allowing or requiring a driver to operate a commercial motor vehicle without a current medical examiners certificate.
• High Tech Gin Inc., Pratt, Kans. $1,500 for two safety violations. The violations include failure to maintain driver qualification files and allowing or requiring a driver to operate a commercial motor vehicle without a periodic inspection.
• James E. Haug d.b.a. Haug Sales, Topeka, Kans. $500 for allowing or requiring a driver to operate a commercial motor vehicle without a periodic inspection.
• John Brickley and Andy Brickley d.b.a. AJ's Pipe Testing, El Dorado, Kans. $1,500 for two safety violations. The violations include allowing or requiring a driver to operate a commercial motor vehicle without a tank endorsement and failure to require drivers to prepare record of duty status reports.
• Kanoma Cooperative Association, Coffeyville, Kans. $4,500 for four safety violations. The violations include allowing or requiring a driver to operate a commercial motor vehicle without a Substance Abuse Professional (SAP) evaluation and the required follow-up testing, a valid hazardous material security plan, a pre-employment negative drug test, and without a valid medical examiners certificate.
• Keas Farms Trucking LLC, Plainville, Kans. $1,500 for two safety violations. The violations include failure to maintain driver qualification files and allowing or requiring a driver to complete a trip without completing a driver vehicle inspection report.
• Lies Ready Mix Inc., Wichita, Kans. $1,000 for failure to implement an alcohol and/or controlled substance testing program.
• L & S Well Service LLC, Cherryvale, Kans. $500 for allowing or requiring a driver to complete a trip without completing a driver vehicle inspection report.
• Mather Flare Rental Inc., Topeka, Kans. $3,000 for four safety violations. The violations include failure to implement an alcohol and/or controlled substance testing program, failure to maintain driver qualification files, allowing or requiring a driver to complete a trip without completing a driver vehicle inspection report, and without a periodic inspection.
• Mid-American Machine & Equipment LLC, LeRoy, Kans. $500 for failure to maintain current motor vehicle records for each driver.
• Midwest Doors of Kansas LLC, Lawrence, Kans. $500 for failure to maintain current motor vehicle records for each driver.
• Nelson R. Guardado d.b.a. Nelson Towing Services, Wichita, Kans. $1,500 for two safety violations. The violations include failure to maintain complete driver qualification files and allowing or requiring a driver to operate a commercial motor vehicle without a periodic inspection.
• Perfection Structural Components LLC, Wichita, Kans. $2,000 for three safety violations. The violations include failure to implement a post accident alcohol and/or controlled substance test, allowing or requiring a driver to operate a commercial motor vehicle without a valid medical examiners certificate and without a periodic inspection.
• Petro Santander USA Inc., Garden City, Kans. $1,500 for two safety violations. The violations include failure to implement an alcohol and/or controlled substance testing program, allowing or requiring a driver to operate a commercial motor vehicle without a valid medical examiners certificate.
• PF Cattle Co., Topeka, Kans. $3,500 for four safety violations. The violations include failure to implement an alcohol and/or controlled substance testing program, allowing or requiring a driver to make false entries in record of duty status reports, failure to require drivers to prepare record of duty status reports, and allowing or requiring drives to operate a commercial motor vehicle without a periodic inspection.
• Pratt Pump & Supply Inc., Pratt, Kans. $2,000 for three safety violations. The violations include allowing or requiring a driver to operate a commercial motor vehicle without a valid medical examiners certificate and without a periodic inspection, failure to maintain time records for six months.
• Professional Cargo Services Inc., Augusta, Kans. $4,250 for six safety violations. The violations include allowing or requiring a driver to operate a commercial motor vehicle transporting hazardous material without documentation on file of hazardous material training, failure to implement an alcohol and/or controlled substance testing program, allowing or requiring a driver to operate a commercial motor vehicle without requiring a hazardous materials endorsement, failure to maintain complete driver qualification files, failure to require drivers to prepare record of duty status reports, and allowing or requiring drivers to complete a trip without completing a driver vehicle inspection report.
• Quality Plus Oilfield Services LLC, Moreland, Kans. $500 for allowing or requiring a driver to operate a commercial motor vehicle without a valid medical examiners certificate.
• Quality Tow & Recovery LLC, Lawrence, Kans. $1,000 for allowing or requiring a driver to operate a commercial motor vehicle without operating authority.
• Rafter Bar Ranch Inc., Ness City, Kans. $3,000 for allowing or requiring a driver to make false entries in a record of duty status report.
• Rambo Livestock Inc., Fort Scott, Kans. $2,000 for three safety violations. The violations include failure to implement an alcohol and/or controlled substance testing program, allowing or requiring a driver to operate a commercial motor vehicle without a tank endorsement, and without having a valid medical examiners certificate.
• Richard L. Bursch d.b.a. Bursch Trucking, Bird City, Kans. $500 for allowing or requiring a driver to complete a trip without completing a driver vehicle inspection report.
• Ronald R. Callahan d.b.a. Callahan Transport Company, Goodland, Kans. $2,000 for three safety violations. The violations include failure to maintain motor vehicle records for each driver, allowing or requiring a driver to operate a commercial motor vehicle transporting hazardous material without documentation on file of hazardous material training for each driver and without a valid Hazardous Material Security Plan.
• S D & S Trucking LLC, Valley Center, Kans. $2,000 for two safety violations. The violations include failure to implement an alcohol and/or controlled substance testing program and failure to implement a post accident alcohol and/or controlled substance test.
• Smith Brothers Lawn & Landscape LLC, Fairway, Kans. $2,000 for three safety violations. The violations include failure to maintain complete driver qualification files, allowing or requiring a driver to complete a trip without completing a driver vehicle inspection report and without a periodic vehicle inspection.
• Southern Industries Inc., Coffeyville, Kans. $2,500 for three safety violations. The violations include failure to implement an alcohol and/or controlled substance testing program, failure to maintain current motor vehicle records for drivers, and allowing or requiring a driver to make false entries on record of duty status reports.
• Southwind Tank Service LLC, McPherson, Kans. $1,000 for two safety violations. The violations include failure to maintain current motor vehicle records for drivers and allowing or requiring a driver to operate a commercial motor vehicle without a periodic inspection.
• Taylor Grinding Inc., Raymond, Kans. $1,000 for failure to implement an alcohol and/or controlled substance testing program.
• The Randall Farmers Co-Operative Union, Randall, Kans. $1,000 for two safety violations. The violations include failure to maintain current motor vehicle records for drivers and allowing or requiring a driver to complete a trip without completing a driver vehicle inspection report.
• Tim Sicka d.b.a. Recycling Connection, Piqua, Kans. $1,000 for failure to implement an alcohol and/or controlled substance testing program.
• TMS Inc., Kansas City, Kans. $500 for failure to maintain current motor vehicle records for each driver.
• Walthers Oil Co., Cuba, Kans. $23,500 for ten safety violations. The violations include allowing or requiring a driver to operate a commercial motor vehicle transporting hazardous materials in an unauthorized cargo tank, without documentation on file of hazardous material training for each driver, without a tank endorsement, without first possessing a valid Hazardous Material Security Plan, and without preserving supporting documentation for each trip; allowing or requiring a driver to operate a commercial motor vehicle after 14 hours on-duty without the required 10 hours off-duty; failure to implement an alcohol and/or controlled substance testing program; failure to maintain complete driver qualification files; failure to require drivers to prepare record of duty status reports; and allowing or requiring a driver to complete a trip without completing a driver vehicle inspection report.
• Watts Tank Service Inc., Hamilton, Kans. $1,000 for failure to implement an alcohol and/or controlled substance testing program.
• Winfield Livestock Auction Co. Inc., Winfield, Kans. $1,500 for two safety violations. The violations include failure to implement an alcohol and/or controlled substance testing program and for allowing or requiring a driver to operate a commercial motor vehicle without a valid medical examiners certificate.

The Transportation Division offers free compliance seminars. The seminars are held weekly on a rotating basis in Topeka, Hutchinson, Hays, and Garden City. The seminars, beginning at 9:00 a.m. and lasting approximately two hours, are presented by the Commission's Transportation Division staff and are designed to help motor carriers comply with safety and economic regulations. The seminar schedule is available on the Commission's website at http://kcc.ks.gov or by calling 785 271-3231.

The KCC Transportation Division is responsible for regulating public and private motor carriers in Kansas. The Commission's goal is to ensure appropriate and effective regulation and oversight of motor carriers and protect the public interest and safety.