Exclusive 5 On Your Side investigation reveals truckers can keep driving despite tickets, wrecks

CLEVELAND - An exclusive 5 On Your Side investigation reveals loopholes in federal trucking regulations allow truckers to remain behind the wheel despite excessive speeding tickets and serious accidents.

Diane Eslich remembered the crash in July 2009 that left her seriously injured.

"I still fear every day when I have to drive around a truck," said Eslich. "I fear for everyone else on the road."

Eslich had no idea that the man behind the wheel of a truck that slammed into her car at a Canton intersection had already been cited 15 times for speeding since 1990.

Stephen Cart, of Orwell, was also cited for a crash on I-90 in 1997 and had his commercial drivers license revoked twice. Yet, Cart was behind the wheel of a truck again when it collided with Eslich.

"I have very little strength in either one of my arms," said Eslich, who is still recovering from the effects of the accident.

Though Cart was never cited for the crash, Eslich filed a civil lawsuit and a jury found that Cart had run through the red light causing the crash. One year later in Meadville, Pennsylvania, Cart ran another red light and struck another vehicle. Cart paid a $109 fine.

Despite his history of speeding, Cart continues to hold an active Ohio commercial drivers license, or CDL. The Ohio Bureau of Motor Vehicles concedes that federal guidelines for commercial drivers licenses allow truckers to have their licenses reinstated after a brief suspension period.

For example, drivers with three speeding tickets within a three year period lose their license for just 120 days.

"You could have a disqualifying driver who, after a set period of time, can meet all the requirements to legally get their drivers license back," explained Ohio BMV supervisor Tim Fisher.

This includes drivers like Lorenzo Seaberry of Cleveland. After being released from an Ohio prison on drug and weapons charges, Seaberry was issued an active Ohio CDL in February 2005.

Our investigation uncovered just three months later, police found a crack pipe inside the truck he was driving after it crossed the center line along an Illinois freeway and slammed into a car driven by 22-year-old Graham Brown.

"Basically, the left side of his body was crushed," said Brown's mother.

Seaberry was charged with aggravated driving while under the influence of drugs and convicted of possession of unlawful drugs. He was sentenced to four years in prison.

"It's unthinkable that drivers like this would be able to have a commercial drivers license and, as the judge put it, drive a deadly weapon," said Kate Brown.

Just 10 months after being released from prison in Illinois, Seaberry was back behind the wheel after Ohio issued a new CDL.

Ohio BMV officials admitted they knew nothing of Seaberry's Illinois crash or prison sentence because Illinois failed to alert them, despite an agreement to share serious violations.

Since then, Seaberry has received two additional speeding tickets. Today, his CDL is under suspension, but not for his driving record. Officials said it's because Seaberry failed to pay his child support.

The Federal Motor Carrier Safety Administration establishes guidelines for CDL suspensions that are adopted nationwide. While those guidelines have lifetime suspensions for repeat alcohol or drug related violations, our exclusive 5 On Your Side investigation found truckers can continue to drive despite years of speeding and wrecks.

"It's outrageous," said Eslich.

Both the Amercian Trucking Associations and the Owner Operator Independent Drivers Association are calling for increased training and oversight for truckers.

The ATA has issued some recommendations it hopes will be adopted by federal regulators. Click here to read the document: http://5.wews.com/P6N

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