Opinion
Civil Action No. 07-cv-01375-REB.
July 25, 2007
ORDER GRANTING PETITION FOR SUMMARY ENFORCEMENT OF ADMINISTRATIVE SUBPOENAS
The matter before me is the Petition For Summary Enforcement of Administrative Subpoenas [#1] filed June 29, 2007, by the United States Department of Transportation (USDOT). I grant the petition for the reasons stated, arguments advanced, and authorities cited by the USDOT in its petition, see [#1], and concomitant brief, see [#2].
THEREFORE, IT IS ORDERED as follows:
1. That the Petition For Summary Enforcement of Administrative Subpoenas [#1] file June 29, 2007, by the United States Department of Transportation IS GRANTED;
2. That the respondent, Mike Bonora, dba Budget/Budjet Mover's, SHALL APPEAR before John McBride, Special Investigator of the Federal Motor Carrier Safety Administration (FMCSA), at the FMCSA Division Office at 12300 West Dakota Avenue, Suite 130, Lakewood, Colorado 80228, on August 31, 2007, at 9:00 a.m. (MDT);
3. That the respondent, Mike Bonora, dba Budget/Budjet Mover's, SHALL BRING with him to the FMCSA office the papers, documents, and information commanded by and identified in the Subpoena duces tecum served on him on April 17, 2007, a copy of which is attached to this order; and
4. That as commanded in the attached subpoena duces tecum, the respondent, Mike Bonora, dba Budget/Budjet Mover's, IS PROHIBITED AND ENJOINED from destroying, concealing, transferring, or removing any of the papers, documents, and information identified in the subpoena duces tecum prior to review by the Federal Motor Carrier Safety Administration.
UNITED STATES OF AMERICA DEPARTMENT OF TRANSPORTATION FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION SUBPOENA
To: Mike Bonora, Budjet/Budget Movers732 Jefferson Avenue
Louisville, CO 80027
At the instance of the Division Administrator, Colorado Division, Federal Motor Carrier Safety Administration, you are hereby required to appear before John McBride, Special Investigator of the Federal Motor Carrier Safety Administration, at the FMCSA Division Office, 12300 West Dakota Avenue, suite 130 on the 07 08 day of May 2007, at 9:00 a.m. of that day. You are hereby required to bring with you and produce at said time and place the following books, papers, documents and records:
The descriptions of documents, records, or papers specified herein are for convenient reference and identification and are intended to apply to the items named regardless of what the records are called in individual companies and regardless of the record media.
YOU ARE HEREBY PROHIBITED FROM DESTROYING OR REMOVING ANY TRANSPORTATION DOCUMENT OR ANY DOCUMENT(S) REFENCED HEREIN PRIOR TO THE REVIEW. 49 CFR 172.200
1. Summary Sheet containing the following information: a. List of drivers broken down by interstate and intrastate with the following information: i. Name ii. Date of Birth iii. Date of Employment iv. Social Security Number v: Driver's License Number b. Total mileage for all commercial motor vehicles (CMV) during the past 12 months. c. Gross revenue for the company during period of mileage reported above. d. Total number of vehicles categorized as follows: i. Straight trucks, number owned and number leased. ii. Tractors, number owned and number leased. iii. Trailers, number owned and number leased. iv. Tank Trucks, number owned and number leased. v. Tank Trailers, number owned and number leased. vi. Buses, number owned and number leased. e. Number of trip leased drivers, trucks and tractors. f. Names of carrier officials responsible for the safety of CMV operations. 2. Current MCS-90 form (Endorsement to Public Liability), or current MCS-82 form (Motor Carrier Surety Bond), or proof of authorization by the Federal Motor Carrier Safety Administration or former Interstate Commerce Commission to self-insure. 3. Accident register and accident reports for accidents occurring during the past 365 days. 4. Alcohol and controlled substance testing records for all CMV drivers, including, but not limited to, Medical Review Officer (MRO) reports, chain of custody forms, monthly statistical laboratory results, annual summary, Employee Assistance Program (EAP) policy, documentation of training, random testing procedures, and any company policies affecting alcohol and controlled substance testing. 5. Copies of Commercial Driver's Licenses/commercial motor vehicle operator's licenses for all drivers of commercial motor vehicles used by the company during the past year. 6. Written maintenance procedures and/or policies. 7. Complete maintenance records, including periodic inspection reports for all CMVs currently being operated. 8. Driver vehicle inspection reports for the previous three months for all CMV drivers. 9. Records of duty status (logbooks or time records as applicable) for the previous six months for all currently employed CMV drivers. 10. All supporting documents generated as a result of the operation of a CMV, including, but not limited to, bills of lading, scale receipts, fuel receipts, motel receipts, trip envelopes, pay records, delivery receipts, toll receipts, Port of entry receipts, dispatch sheets, load and offload times and dates, and hazardous material shipping papers. 11. Contracts of companies providing services to CMVs and drivers, i.e., cargo tank inspections and maintenance, controlled substances testing, etc. 12. All driver qualification files for all drivers employed in the last 365 days. 13. All required Household documents including: Authority Status, Proof of Insurance, Designation of Process Agent, Published Tariff, Charges in Tariff, Loss and Damage Claims, Arbitration Program, Rights and Responsibility Pamphlet, Complaint and Inquiry Program, Binding Estimates, Non-binding Estimates, A list of moves conducted in the last 12 months and the bills of lading, weight slips. 14. If you transport hazardous materials: a. All specification cargo tank manufacturer certificates, test records andrelated documents. Include any cargo tank removed from service within the previous 12 months. b. Manufacturers safety data sheet for hazardous materials transported or shipped by CMV. c. Documentation of hazardous materials training conducted for all employees in reference to et al. d. Copy of Hazardous Materials Registration with the Research and Special Programs Administration. e. Copy of all exemptions utilized. Fail not at your peril. In testimony whereof, the undersigned, an official designated by the Administrator of the Federal Motor Carrier Safety Administration, has hereunto set his hand at Lakewood, CO, this 18th day of April 2007. __________________________________ Steve Kleszcrynski, Division Administrator Exhibit