OOIDA is challenging the CVSA and the Minnesota State Patrol by filing a order-of-show with the federal court for the recent amendment to the out-of-service criteria for fatigue.
In September 2011, the U.S. District Court for the District of Minnesota ruled that during inspections, inspectors may not expand the inspection to determine impairment unless there is cause to do so. Additionally, they ruled that drivers cannot be placed out-of-service for fatigue or illness unless there is sufficient reason to believe they are unsafe and propose an imminent risk to public safety.
In response, the CVSA amended its out-of-service criteria in direct contrast stating: “When so fatigued that the driver of a commercial vehicle should not continue the trip based on a reasonable articulable suspicion, declare the driver out–of-service until no longer fatigued.”
Jim Johnston, president of OOIDA, calls the ruling unconstitutional and is taking on the agencies.
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