Washington- As of March 9, 2021, the FMCSA has stated that California-licensed commercial driver Daniel Tobon, who also goes by Daniel Moran and Daniel Tabon, is an imminent threat to the safety of the public. The FMCSA has ordered Daniel to halt operation of any commercial vehicle in interstate commerce.

On December 31, 2020, Tobon was exiting U.S. 60 at Crismon Road when the vehicle he was operating failed to stop at the off-ramp intersection, in turn crossing over the center curb, striking a pole, and crashing through a masonry block before the vehicle came to a stop by crashing into a residential home. The crash report prepared by the Mesa Police Department noted that no apparent evasive driving maneuvers were made to avoid the crash, which resulted in the death of one person, and life threatening injuries to two others. MPD stated that one of the possible influencing conditions of the crash was “illness or physical impairment.”

Upon further investigation, FMCSA discovered that in both September of 2018 and 2020, Tobon had fraudulently certified his USDOT/FMCSA medical examination report.

Medical Certifications by the USDOT/FMCSA are mandated to ensure that all CDL holders are physically qualified to operate commercial vehicles in a safe manner. Each driver is required to certify that all responses given in the health history section are complete and true, understanding that providing false, inaccurate, or misleading information may invalidate the examination and medical examiner’s certificate. If a driver chooses to intentionally falsify information or withhold a medical condition that would disqualify them, they may face civil penalties.

FMCSA’s imminent hazard out-of-service order states that Tobon’s “…. continued operation of a commercial motor vehicle while medically unqualified poses a significant danger to you and the motoring public …. if not discontinued immediately.”

Civil penalties up to $1,928 for each violation may be issued for failing to comply with the provisions listed within the federal imminent hazard. Willful violations of the hazard will result in criminal penalties.

A return to duty process, including obtaining a valid medical certification, issued by a certified medical examiner, is required before Tobon may legally operate a commercial motor vehicle.

Source:
https://www.fmcsa.dot.gov/newsroom/fmcsa-declares-california-truck-driver-be-imminent-hazard