Pennsylvania trucker banned from driving CMV after serious violation

The Federal Motor Carrier Safety Administration (FMCSA) banned a truck driver from work after he “ignored the FMCSRs relating to the use and possession of alcohol and controlled substances, medical certification, and the safe operation of a CMV.”

On May 13, the FMCSA issued a federal order that Eric G. Burke from Pennsylvania poses a danger on the roads. Man is now prohibited from driving a commercial vehicle in interstate commerce.

On May 18, 2020, Mr. Burke submitted to a pre-employment control substance test while seeking employment with Lentzcaping, Inc. On May 29, 2020, the Medical Review Officer notified Mr. Burke that his test results had been verified as positive for Marijuana Metabolites and that he was prohibited from operating CMVs.  

Mr. Burke was also referred to a Substance Abuse Professional (SAP) for evaluation, education, and treatment pursuant to 49 CFR Part 40.  Mr. Burke ignored the prohibition on his operation of CMVs and the requirement to undergo a SAP evaluation, and instead continued to drive in interstate commerce.

On one of these trips, he was placed out-of-service for possession of alcohol while operating a CMV; on another trip, he was placed out-of-service for possession of marijuana after a single-vehicle CMV crash.

Burke was blacklisted by the FMCSA Drug and Alcohol Clearinghouse.