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FMCSA fines owner of illegal Tierra Santa

Cites multiple federal safety regulations

The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) today announced it has issued a notice of claim charging Mr. Cayetano Martinez, owner of Tierra Santa, Inc. bus company, with multiple federal motor carrier safety violations.

The $72,760 in fines is the result of an investigation of a fatal crash in Phoenix, Arizona on March 5, 2010 involving a bus operated by Tierra Santa, Inc. Six passengers were killed and 16 others were injured in the crash

“Safety is our number one priority at the U.S. Department of Transportation. We will continue to take every action at our disposal to vigorously pursue illegal, unsafe carriers and remove them from our roadways,” said Transportation Secretary Ray LaHood.

“The FMCSA has worked tirelessly to bring this civil penalty case forward,” said FMCSA Administrator Anne S. Ferro. “We are committed to doing everything we can to prevent illegal carriers from operating and placing our road users at risk.”

In the notice of claim, FMCSA charged Mr. Martinez with 78 violations of 13 separate motor carrier safety regulations. It also identifies the four separate company names Mr. Martinez allegedly used to illegally operate and evade previous orders from FMCSA to cease all interstate and international passenger carrier transportation.

The violations include:

19 counts of operating without federal authority;

21 counts of operating without required minimum insurance;

24 counts of operating in violation of a previous FMCSA order to cease operations;

Violation of alcohol and controlled substance testing requirements;

Violation of driver qualification requirements;

Violation of hours of service requirements; and

Violation of vehicle inspection and maintenance requirements.

To contest the notice of claim or any of the violations, Mr. Martinez must submit a written reply to FMCSA on or before July 12, 2010.

For a complete summary of FMCSA’s actions taken in this case, visit the agency’s website at www.fmcsa.dot.gov.

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