FMCSA declares driver a hazard after deadly crash into a home

The Federal Motor Carrier Safety Administration (FMCSA) has declared California-licensed commercial driver Daniel Tobon — aka Daniel Moran, aka Daniel Tabon — to be an imminent hazard to public safety.

He was served with a federal order on March 21 banning him from operating any commercial motor vehicle in interstate commerce, according to the federal agency. 

Tobon was at the wheel of a tractor-trailer on Dec. 31 that crashed into a house in Mesa, Arizona, killing one person and seriously injuring two others. 

Tobon was exiting U.S. 60 at Crismon Road when the vehicle failed to stop at the off-ramp intersection, crossed over a center curb, struck a signal pole, and crashed through a masonry block wall before smashing into the front entrance of the residence and destroying the house.

Tobon appeared to make no evasive driving maneuver to avoid the crash, according to the Mesa Police Department, which investigated the deadly crash. The police report indicated that one of the possible influencing conditions for the crash was “illness or physical impairment.”

FMCSA: Fraudulent medical certification

FMCSA investigators found that in September 2020, Tobon had fraudulently certified his USDOT/FMCSA medical examination report form; he also fraudulently certified the form previously, in September 2018. 

The USDOT/FMCSA medical certification process is designed to ensure CDL holders are physically qualified to operate commercial vehicles safely.  Each driver is required to complete a health history section and certify that the responses are complete and true.  

Drivers must certify that they understand that inaccurate, false or misleading information may invalidate the examination and medical examiner’s certificate.  Deliberate omission or falsification of information concealing a disqualifying medical condition may also result in 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 the motoring public. 

Tobon may not operate a commercial motor vehicle until such time he successfully completes a return-to-duty process, including obtaining a valid medical certification issued by a certified medical examiner.

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