Washington Utilities & Transportation Commission Issues Penalty Assessment Involving Visionary Movers

OLYMPIA, Washington, Jan. 6 (TNSsro) -- The Washington State Utilities and Transportation Commission issued the following penalty order (No. TV-220959) on Jan. 4, 2023:

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To: Visionary Movers LLC, 3606 S 272nd St., Kent, WA 98032

The Washington Utilities and Transportation Commission (Commission) believes Visionary Movers LLC (Visionary or Company) violated Washington Administrative Code (WAC) 48015-550, Cargo Insurance; WAC 480-15-555, Criminal Background Checks for Prospective Employees; and WAC 480-15-570, Driver Safety Requirements, which adopts Title 49 Code of Federal Regulations (49 C.F.R.) Part 391 - Qualification of Drivers and 49 C.F.R. Part 395 - Hours of Service of Drivers.

Revised Code of Washington (RCW) 81.04.405 allows penalties of $100 for each violation. In the case of an ongoing violation, every day's continuance is considered a separate and distinct violation.

On December 15, 2022, Commission Motor Carrier Investigator Tracy Cobile completed a routine safety investigation of Visionary and documented the following violations:

* Nineteen violations of WAC 480-15-550 - Operating a commercial motor vehicle (CMV) without having adequate cargo insurance coverage. The Company operated a CMV without the required cargo insurance on 19 occasions between August 10 and October 13, 2022.

* Four violations of WAC 480-15-555 - Failing to conduct or retain paperwork containing criminal background checks or hiring an individual with a disqualifying conviction for a household goods carrier in the state of Washington. Visionary failed to conduct a criminal background check prior to hiring employees Alliman Jhonson, Lonnie Hurley, Javaris Robinson, and Jemale Pillard.

* Thirty-two violations of 49 C.F.R. Sec. 391.45(a) - Using a driver not medically examined and certified. The Company allowed driver Juston Leverette to operate a CMV without a valid medical certificate on 32 occasions between April 28 and October 13, 2022.

* One violation of 49 C.F.R. Sec. 391.51(a) - Failing to maintain driver qualification file on each driver employed. Visionary failed to maintain a driver qualification file for Juston Leverette.

* Thirty violations of 49 C.F.R. Sec. 395.8(a)(1) - Failing to require driver to make a record of duty status. The Company failed to require Juston Leverette to complete a record of duty status on 30 occasions between September 1 and September 30, 2022.

The Commission considered the following factors in determining the appropriate penalties for these violations:

1. How serious or harmful the violations are to the public. The violations noted are serious and potentially harmful to the public. Household goods moving companies that: (1) operate CMVs without the required cargo insurance, (2) fail to conduct criminal background checks on their employees, (3) use drivers that are not medically examined and certified, (4) fail to maintain driver qualification files, and (5) fail to maintain records of duty status put their customers, their customers' belongings, and the traveling public at risk. These violations present significant safety concerns.

2. Whether the violations were intentional. Considerations include:

* Whether the Company ignored Commission staff's (Staff) previous technical assistance; and

* Whether there is clear evidence through documentation or other means that shows the Company knew of and failed to correct the violation.

On February 15, 2017, the Commission received the Company's application for household goods moving authority. In the application, Juston Leverette, owner of Visionary, acknowledged the Company's responsibility to understand and comply with applicable motor carrier safety regulations.

On May 2, 2019, the Commission received Visionary's application for reinstatement of its household goods moving authority. In the application, Juston Leverette acknowledged the Company's responsibility to understand and comply with applicable motor carrier safety regulations.

On April 13, 2022, Juston Leverette attended household goods training provided by Staff and acknowledged receiving training pertaining to motor carrier safety regulations.

The Company knew or should have known about these requirements.

3. Whether the Company self-reported the violations. Visionary did not self-report these violations.

4. Whether the Company was cooperative and responsive. The Company was uncooperative at times, slow to respond to requests for information, and did not make corrections during the safety investigation.

5. Whether the Company promptly corrected the violations and remedied the impacts. Visionary has not provided Staff with evidence that it corrected the violations.

6. The number of violations. Staff identified 11 violation types with a total of 92 individual occurrences during its routine safety investigation of Visionary. Of those violations, Staff identified five violation types with 86 individual occurrences that warrant penalties in accordance with the Commission's Enforcement Policy.

7. The number of customers affected. Visionary reported traveling 13,039 miles in 2021. These safety violations presented a public safety risk.

8. The likelihood of recurrence. Staff provided technical assistance with specific remedies to help the Company assess how well its safety management controls support safe operations and how to begin improving its safety performance. Absent a significant commitment to prioritize safe operations, the violations are likely to reoccur.

9. The Company's past performance regarding compliance, violations, and penalties. This is the Company's first routine safety investigation. Visionary has no history of penalties for safety violations with the Commission.

On December 5, 2018, the Commission canceled the Company's household goods carrier permit in Docket TV-180772 for failure to file a 2017 annual report and pay applicable regulatory fees.

On May 14, 2019, Visionary was penalized $5,000 in Docket TV-190215 for operating as a household goods carrier without possessing the permit required for such operations.

On May 23, 2019, the Company's permit was reinstated in Docket TV-190338.

10. The Company's existing compliance program. Juston Leverette is responsible for the Company's safety compliance program.

11. The size of the Company. The Company employs one driver and operates one CMV. The Company reported $158,000 in gross revenue for 2021.

The Commission's Enforcement Policy provides that some Commission requirements are so fundamental to safe operations that the Commission will issue mandatory penalties for each occurrence of a first-time violation.1 The Commission generally will assess penalties by violation category, rather than per occurrence, for first-time violations of those critical regulations that do not meet the requirements for mandatory penalties. The Commission will assess penalties for any equipment violation meeting the Federal Motor Carrier Safety Administration's "out-of-service" criteria and for repeat violations of critical regulations, including each occurrence of a repeat violation.

The Commission has considered these factors and determined that it should penalize Visionary $5,700 (Penalty Assessment), calculated as follows:

* Nineteen violations of WAC 480-15-550 - Operating a CMV without having adequate cargo insurance coverage. The Commission assesses a penalty of $100 for each occurrence of this acute violation, for a total of $1,900.

* Four violations of WAC 480-15-555 - Failing to conduct or retain paperwork containing criminal background checks or hiring an individual with a disqualifying conviction for a household goods carrier in the state of Washington. The Commission assesses a penalty of $100 for each occurrence of this critical violation, for a total of $400.

* Thirty-two violations of 49 C.F.R. Sec. 391.45(a) - Using a driver not medically examined and certified. The Commission assesses a penalty of $100 for each occurrence of this violation, for a total of $3,200.

* One violation of 49 C.F.R. Sec. 391.51(a) - Failing to maintain driver qualification file on each driver employed. The Commission assesses a penalty of $100 for this violation.

* Thirty violations of 49 C.F.R. Sec. 395.8(a)(1) - Failing to require driver to make a record of duty status. The Commission assesses a "per category" penalty of $100 for these critical violations.

This information, if proven at a hearing and not rebutted or explained, is sufficient to support the Penalty Assessment.

Your penalty is due and payable now. If you believe any or all the violations did not occur, you may deny committing the violation(s) and contest the penalty through evidence presented at a hearing or in writing. Alternatively, if there is a reason for any or all the violations that you believe should excuse you from the penalty, you may ask for mitigation (reduction) of the penalty through evidence presented at a hearing or in writing. The Commission will grant a request for hearing only if material issues of law or fact require consideration of evidence and resolution in a hearing. Any request to contest the violation(s) or for mitigation of the penalty must include a written statement of the reasons supporting that request. Failure to provide such a statement will result in denial of the request. See RCW 81.04.405.

If you properly present your request for a hearing and the Commission grants that request, the Commission will review the evidence supporting your dispute of the violation(s) or application for mitigation in a Brief Adjudicative Proceeding before an administrative law judge. The administrative law judge will consider the evidence and will notify you of their decision.

You must act within 15 days after receiving this notice to do one of the following:

* Pay the amount due.

* Contest the occurrence of the violation(s).

* Admit the violations but request mitigation of the penalty amount.

Please indicate your selection on the enclosed form and submit it electronically through the Commission's web portal within FIFTEEN (15) days after you receive this Penalty Assessment. If you are unable to use the web portal, you may submit it via email to [email protected]. If you are unable to submit the form electronically, you may send a paper copy to the Washington Utilities and Transportation Commission, PO Box 47250, Olympia, Washington 98504-7250.

If you do not act within 15 days, the Commission may take additional enforcement action, including but not necessarily limited to suspending or revoking your certificate to provide regulated service, assessing additional penalties, or referring this matter to the Office of the Attorney General for collection.

DATED at Lacey, Washington, and effective January 4, 2023.

/s/Rayne Pearson, Director, Administrative Law Division

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Footnotes:

1/ Docket A-120061 - Enforcement Policy of the Washington Utilities & Transportation Commission - Section V.

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Original text here: https://apiproxy.utc.wa.gov/cases/GetDocument?docID=3&year=2022&docketNumber=220959