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OOIDA files 2nd suit against Minnesota
By Jill Dunn
The Owner-Operator Independent Drivers Association, which is already suing the Minnesota State Patrol over its fatigue checklist, has filed a second suit against the state regarding commercial vehicle inspection citations.
On Nov. 20, OOIDA filed a class action lawsuit seeking refunds on these citations issued to truckers before Aug. 1 and to expunge them from motor carrier and driver records.
State patrol spokesman Andy Skoogman said the patrol had not yet seen the suit and would have no comment.
The suit, filed in Minnesota District Court for the Fourth Judicial District, charges that before August, the state never adopted the Federal Motor Carrier Safety Administration’s regulations into state law and that the U.S. Department of Transportation never authorized Minnesota to enforce federal regulations.
Therefore, before the state adopted the rules, the Minnesota State Patrol was not authorized to enforce these actions against interstate motor carriers or their drivers.
The new suit charges these citations and out-of-service orders issued before Aug. 1 deprived drivers and carriers of due process offered under state and federal law. The statute of limitations would require fines imposed for six years prior to the suit be returned, the association said.
OOIDA filed the first lawsuit May 13 with the U.S. District Court for the District of Minnesota for truck drivers placed out of service and sometimes fined after what it charges was the Minnesota State Patrol’s arbitrary conclusion that the drivers were fatigued.
OOIDA charges the patrol lacked authority to impose the orders, that the drivers were not allowed a hearing and that the state had not clearly defined fatigue.
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