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DRIVERS' FATIGUE * USA - OOIDA vs. MN State Patrol: Hearing this week
State's Patrol arbitrary determinations of driver fatigue
Saint Paul, MINN,USA - Land Line Magazine -June 28, 2010: -- A hearing is scheduled Wednesday, June 30, in the U.S. District Court for the District of Minnesota as the Owner-Operator Independent Drivers Association and several member plaintiffs pursue their case against members of the Minnesota State Patrol over unauthorized and unlawful out-of-service orders for driver fatigue... Captain Urquhart is Commander of the Commercial Vehicle Section and, according to OOIDA’s attorney Paul Cullen Sr., has been “an outspoken promoter of this misguided campaign against imagined fatigue”... Members of the Minnesota State Patrol were instructed to consider the presence of a TV, reading material, a cell phone – to name a few – as signs of fatigue... OOIDA’s investigations revealed that the enforcement program not only lacked medical or scientific justification, but also infringed on truckers’ constitutional rights... The lawsuit charges that drivers were denied their rights to a hearing on the out-of-service orders and that the regulation under which the orders were issued fails both to define fatigue and to establish a standard under which a driver would know when to stop driving... 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... (Photo blogs.citypages: Minnesota's State Patrol vehicle)
Labels: drivers fatigue
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