Truck Driver from Mexico Prohibited from Operating Commercial Vehicles in U.S.

Friday, June 11, 2021

FMCSA Declares Cecilio Eliut Camacho-Montoya to be an Imminent Hazard to Public Safety

WASHINGTON - The U.S. Department of Transportation's Federal Motor Carrier Safety Administration (FMCSA) has declared Mexico-licensed commercial driver Cecilio Eliut Camacho-Montoya to be an imminent hazard to public safety, thereby prohibiting him from operating any commercial motor vehicle in the United States. Camacho-Montoyawas served the federal order on June 9, 2021.

On May 19, 2021, Camacho-Montoya, who held an expired Mexican commercial driver's license (CDL), was operating a commercial truck on Highway 55 in Eagle, Ada County, Idaho, when, according to witnesses, he failed to stop for a red traffic light at the intersection of Highways 55 and 44. Camacho-Montoya's truck crashed into another vehicle fatally injuring its driver.

Following the crash, Camacho-Montoya agreed to submit to three Standardized Field Sobriety Tests administered at the scene by the Idaho State Police; Camacho-Montoya failed all three tests. He subsequently agreed at the crash scene to two breathalyzer tests. The first test sample showed a breath alcohol content (BrAC) of 0.222; the second, 0.214. Approximately four hours after the crash, at the Ada County Jail, Camacho-Montoya tested at 0.080, with a fourth showing at 0.078.

Possessing an alcohol concentration of greater than 0.04 while operating a commercial vehicle weighing more than 26,001 pounds and requiring a commercial driver's license (CDL) is a violation of federal safety regulations.

The State of Idaho has charged Camacho-Montoya with Felony Aggravated Driving Under the Influence (DUI) and Felony Vehicle Manslaughter.

A subsequent investigation by FMCSA personnel found that Camacho-Montoya, in the days leading up to the crash, on multiple occasions, had falsified his records-of-duty-status (RODS) and had exceeded the allowable on-duty driving hours permitted by federal regulations.

FMCSA's imminent hazard out-of-service order states that Camacho-Montoya's 'disregard for the safety of the motoring public … substantially increases the likelihood of serious injury or death to you and motoring public if not discontinued immediately.'

Failing to comply with the provisions of the federal imminent hazard order may result in civil penalties of up to $3,268 for each violation. Knowing and/or willful violations may result in criminal penalties.

Camacho-Montoya may not operate a commercial motor vehicle in the United States until such time he successfully completes the statutorily required return-to-duty process overseen by a Substance Abuse Professional.

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