WASHINGTON – The U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA) announced that it has ordered Lowell, Massachusetts-based Flavio Borges Prado, doing business as Golden Eagle Delivery, to immediately cease all intrastate and interstate operations after a federal investigation found the carrier to pose an imminent hazard to public safety. Flavio Borges Prado was served the federal order on June 9, 2016.
In April 2016, FMCSA investigators began an investigation of Flavio Borges Prado after the company initially failed to submit to a New Entrant Safety Audit as required by federal regulations. The company had received an FMCSA order to cease operations, which was subsequently rescinded after the carrier submitted to the New Entrant Safety Audit.
Later in the month, while the federal investigation was ongoing, the parking brake on one of Flavio Borges Prado’s trucks failed, causing the vehicle to roll down a hill and collide into a residential housing structure, injuring the driver and causing significant damages to the property.
One month later, a second Flavio Borges Prado vehicle again experienced a brake failure, causing it to break down in a roadway travel lane and require removal by a tow-truck.
As part of FMCSA’s review, safety inspections were conducted on six of Flavio Borges Prado’s seven vehicles (the seventh vehicle was not inspected because it had been in a crash and was inoperable). Out-of-service safety violations were discovered in every vehicle inspected. These safety defects included worn, leaking, welded, or missing brake, steering, and/or suspension components.
Violating an imminent hazard out-of-service order may result in a penalty of up to $25,000, operating without necessary authority may result in a fine of not less than $10,000, and operating without a USDOT number may result in a civil penalty of up to $16,000.