OOIDA sues Minnesota over CMV enforcement
November 20, 2009 by Truckdrivernews · Leave a Comment
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.
OOIDA claims that’s because the state had no authority to enforce federal regulations.
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.
“In essence because the federal regulations were not adopted by the state of Minnesota, there were no motor carrier safety regulations on the books that officers with the Minnesota State Patrol were authorized to enforce,” said OOIDA President and CEO Jim Johnston.
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.
© 2009, Truck Drivers News. All rights reserved.
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