Trucking news and briefs for Thursday, March 12, 2020:
OOIDA lawsuit over Indiana truck toll increases dismissed
The Owner-Operator Independent Drivers Association says it is “likely to appeal” an Indiana court’s ruling to dismiss its lawsuit over toll increases aimed at Class 3 and larger trucks in the state.
The group filed the class action lawsuit in January 2019 after Indiana instituted a 35% increase in toll price for trucks operating on I-80 and I-90. The lawsuit called for the toll increases to be overturned and for refunds of tolls paid since the increase took effect in October 2018.
OOIDA alleged that the increase in tolls violates the Commerce Clause and the Privileges and Immunities Clauses of the U.S. Constitution.
Judge Richard L. Young with the U.S. District Court in the Southern District of Indiana denied OOIDA’s motion to have the class certified based on a report and recommendation from a magistrate judge. The report and recommendation stated the “new toll structure was not subject to dormant Commerce Clause scrutiny,” and added that OOIDA “failed to state a claim for unlawful discrimination under the Privileges and Immunities Clauses because vehicles traveling within Indiana and between states pay the same distance-based tolls.”
DOT warns truckers about CBD use
The U.S. DOT issued a warning recently warning truck drivers and other DOT-regulated safety-sensitive employees that using CBD products could lead to a positive test for marijuana. Any CBD product with more than 0.3% tetrahydrocannabinol (THC) is still classified as marijuana, a Schedule I drug under the Controlled Substances Act.
DOT says that because there is no federal oversight to ensure labels are accurate on CBD products, using these products could create problems for truckers, as Overdrive has reported in recent months.
