BALLOON VENDOR TRANSPORTING TOO MUCH HELIUM ESCAPES CRIPPLING FINE
Highlights
- Cummins & White’s expertise in hazardous materials transportation and vehicle code violations helped it successfully represent a dealer in commercial advertising balloons when it was cited for numerous violations after one of its trucks was pulled over for not stopping at a CHP inspection site.
- The small, family-owned company was unknowingly transporting 51 cylinders of helium without a valid hazardous materials transportation license and faced fines totaling $29,000, payment of which would have effectively put the company out of business.
- After requesting a personal appearance with the Superior Court Judge, Cummins & White was able to successfully negotiate a dismissal of all charges and Court costs of only $2,000.
Attorney
- Charles T. Spagnola, lead trial counsel
Case Study
Charles Spagnola of Cummins & White, LLP successfully represented a dealer in commercial advertising balloons and balloon decor, when one of its vans carrying several cylinders of helium failed to stop at an inspection facility on a freeway in Merced, CA. The California Highway Patrol pursued the van, and the driver and company were cited for numerous violations, including inoperable equipment and failure to comply with hazardous materials transportation regulations. Fines for the citations totaled $29,000. Mr. Spagnola’s negotiations with the Court led to fees of only $2,000 and dismissal of all charges against the driver and company.
Background
A box van belonging to an Orange County-based dealer in commercial advertising balloons and balloon décor was transporting 51 cylinders of helium to a job site near Merced, CA, when the driver failed to stop at a California Highway Patrol (CHP) inspection facility on the 5 Freeway. The driver was pulled over by the CHP and after an inspection, the company was cited for multiple equipment violations and also was charged with violating several regulations regarding the transport of hazardous materials, including:
- Lack of a valid hazardous materials transportation license (required when transporting more than six cylinders of helium)
- Failure to keep a driver’s log book
- Lack of hazardous materials shipping papers
- Failure to post hazardous materials placards on the van identifying the contents
- Extra weight beyond the declared gross amount
Fines for the charges against the balloon vender totaled $29,000. The driver was cited separately.
Legal Strategy
Regulations involving the transport of hazardous materials are complex and can be difficult for small business owners to navigate, and violations are costly and can greatly affect the bottom line. With that in mind, Mr. Spagnola, representing the balloon advertiser, made a personal appearance before a Superior Court Judge in Merced County and requested a Chambers Conference to discuss the circumstances of the charges.
During the discussion, Mr. Spagnola explained that the balloon advertiser was a small company and that the husband and wife owners had no knowledge that transportation of 51 cylinders of helium required a hazardous materials transportation license. Also, after receiving the citation and realizing they could not transport the helium, the owners contracted with a gas provider in Central California, eliminating future problems. Finally, because the company was operating a box van (the company had purchased a used U-Haul van), the driver incorrectly assumed that he was not required to stop at the scales.
Result/Implication
After the Chambers Conference, the Court was convinced that the balloon dealer had no intention of violating the law. Despite objections from the District Attorney, the Judge assessed a fee of only $2,000 for Court costs, and separate charges brought against the driver were dismissed, avoiding a criminal record.
According to Mr. Spagnola, the final decision by the Court was a huge victory for the balloon advertiser, as the original fines would have had a devastating impact on the business. “It was clear that our client did not plan to break the law and also was in no position to pay the fines,” he said. “In the end, avoiding the charges and excessive fines—and the associated insurance implications—allowed our client to stay in business.”
