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Two Alabama Trucking Companies and Their Owners Indicted For Violating FMCSA Out-of-Service Order

On July 31, 2012, Isaac McWilliams, Heronda McWilliams, and their companies BM &L Trucking and IDM Transportation, were indicted in U.S. District Court, Birmingham, Alabama, for false statements and for operating under the provisions of an Imminent Hazard Out-of-Service Order issued by the Federal Motor Carrier Safety Administration (FMCSA).

On December 2, 2010, FMCSA conducted a compliance review of IDM Transportation. The review disclosed serious violations of the Federal Motor Vehicle Safety Regulations, and consequently, on June 14, 2011, an Operations Out-of-Service (OOS) Order was issued to IDM. This OOS Order prohibited IDM from operating or by operating in another name or through another company. However, in May 2011, Isaac McWilliams failed to disclose his involvement with IDM on a Form OP-1 when he applied for motor carrier authority for BM&L Trucking. On the form, Mr. McWilliams falsely certified to FMCSA that he did not have, nor did he ever have any relationship with any other FMCSA regulated entity in the past three years. Approximately one year later, in May 2012, FMCSA completed an investigation of BM&L and again found widespread serious safety violations, similar to those found during their review of IDM. Consequently, FMCSA issued a second OOS order, this time an Imminent Hazard Out-of-Service Order, to BM&L, IDM and to Isaac and Heronda McWilliams. In spite of this May 2012 imminent hazard order, our investigation found that BM&L and the McWilliams’s continued to operate commercial motor vehicles in commerce.

This investigation has been worked with the assistance of FMCSA and the Alabama Department of Public Safety.

Note:  Indictments, Informations, and Criminal Complaints are only accusations by the Government. All defendants are presumed innocent unless and until proven guilty.