12 Aug Chameleon Carriers – A Problem in the Trucking Industry
A “chameleon carrier” is a name given to a trucking company which closes operations under one name, and resurrects itself under a new legal entity for the specific purpose of cleansing their record of safety and compliance violations.
In September of 2008, a professional truck driver had pulled off to the side of the road to perform a routine inspection of his truck. A short time later another trucker veered out of his lane and struck and killed the trucker who had earlier pulled off the side of the road.
What was the cause of this terrible tragedy? The attorney who represented the family of the trucker who died in the accident says that the other trucker admitted he fell asleep at the wheel before running off the road and dragging the victim to his death. During a deposition he also admitted he had been using methamphetamine at the time the truck accident occurred and also had a criminal record for methamphetamine and marijuana. The man pleaded guilty to criminally negligent homicide and driving while under the influence of intoxicating substances. Court documents indicated he was sentenced to 40 months.
How Did This Happen?
The results of this accident make one wonder how a driver who had a criminal history of drug use was still driving at all, let alone a commercial truck – click for truck services. According to the attorney for the victim’s family, the other truck driver’s employer operated a “chameleon carrier,” which meant it re-registered with the U.S. Department of Transportation so it could avoid any kind of liability of problems that would affect the safety ratings. The owner of the company stated in a deposition that he opened a new company because of his failure to receive a satisfactory rating which the Federal Motor Carrier Safety Administration (FMCSA) provides to those companies who can show they are in compliance with regulations.
According to the Government Accountability Office (GAO), cases of chameleon carriers are quite common. In 2010 it found 1,136 new applications that came under suspicion of being chameleon carriers. Those who drive for these chameleon carries are disproportionately involved in accidents that result in deaths and serious injuries.
Frightening Results and Future Plans
According to the GAO, a startling eighteen percent of companies suspected to be chameleon carriers had been involved in fatal accidents similar to the one we have identified here, compared to only six percent of non-chameleon carriers.
In a report filed in March 2012, the GAO stated that the federal motor carrier agency was only screening bus companies and moving companies to ensure there are not prior problems with their records. Unfortunately, these companies only account for two percent of all new applicants.
There are plans in the works, however. The GAO and FMCSA are working together to create a system called vetting. What this means is they look for patterns in a company’s operations that might indicate they are sharing an address with a company they have previously closed. The operation of a chameleon motor carrier company can be penalized and even shut down.
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