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TRUCKERS' CLAIM * USA - OOIDA sues Minnesota over CMV enforcement
OOIDA claims that’s because the state had no authority to enforce federal regulations
Saint Paul,MINN,USA -Land Line Magazine -Nov. 20, 2009: -- More than six years’ worth of citations and out-of-service orders issued to truckers by the Minnesota Highway Patrol aren’t worth the paper they were written on, according to a lawsuit filed by the Owner-Operator Independent Drivers Association... The Association and five members have filed a lawsuit seeking refunds of fines and penalties associated with citations involving motor carrier safety regulations, handed down by the Minnesota State Patrol. The lawsuit, seeking class-action status, was filed Friday, Nov. 20, with the Minnesota District Court for the Fourth Judicial District... In documents obtained by OOIDA, the Federal Motor Carrier Safety Administration determined in April 2008 that the federal regulations governing truckers and the trucking industry were not adopted into Minnesota state law... The state of Minnesota did finally adopt the federal regs Aug. 1... However, citations and out-of-service orders issued before Aug. 1, denied truckers and motor carriers alike their right to due process, the lawsuit claims... The state’s enforcement procedures – which lead to arbitrary determinations of driver fatigue – are challenged in the lawsuit on constitutional grounds; the lack of due process; and warrantless search and seizure... Research pertaining to the first lawsuit challenging Minnesota’s arbitrary enforcement of fatigue revealed that the state had not adopted the federal regulations – prohibiting them from enforcing any federal regulations governing truckers, Johnston said... That discovery immediately led to the Association’s second lawsuit...
Labels: truckers' complain
posted by Unknown @ 11:29 AM
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