Driver fatigue criteria questioned in court

| January 04, 2013

The Owner-Operator Independent Drivers Association has requested a federal court’s intervention in what it describes as the Federal Motor Carrier Safety Administration amending out-of-service criteria outside the rulemaking process.

The District of Columbia appellate court scheduled deadlines for filing motions through Feb. 11 after OOIDA petitioned the court Dec. 21.

Last April, the Commercial Vehicle Safety Alliance adopted amended criteria for OOS orders for fatigue.  The change allows these orders to be issued based on reasonable articulable suspicion instead of the stricter standard of probable cause.  In June, OOIDA asked a U.S. district court to prevent the Minnesota State Patrol and CVSA from using this standard.

In 2011, U.S. District Judge Donovan Frank ruled troopers cannot expand the driver portion of inspection to determine impairment without reasonable articulable suspicion of driver impairment. Drivers will not be ordered OOS for fatigue without probable cause to believe the drivers’ fatigue or illness has made them an imminent public safety risk, the court stated.

The court has jurisdiction of the issue until September 2013.

After CVSA implemented the criteria, OOIDA sent the FMCSA letters asking the alliance’s criteria be nullified and data removed regarding OOS orders based on fatigue after the amendment date.

In its Oct. 23 letter to the association, the agency wrote that it would discuss the issue with CVSA. “We will not communicate on this particular criterion to private litigants prior to that coordination.”

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  • Mike Tayon

    How is it that people who have never stepped inside a truck/semi truck.big rig can even “rule” on anything, or create/change laws relating to trucking?!?!?!?!?OK, so we all know doctors work 20, 30 hour shifts sometimes, should I have any say in when they can or can not work, or HOW they work? I’m a freaking truck driver!

  • Guest

    I’m seek of this and i am quieting just can’t win. and there is no money and life to be a OTR Driver any way exept supporting shippers and pay taxes.

  • Guest

    OTR Drivers always get hit by this nonsense, well they won, so I, myself quieting . there is no money, no healthy life in this job but we do have lots of responsibly. Penalties unlimited, repair cost limitless . Our Lawmakers do not give it Dam Rukies want to be Heroes by Giving citation to justify there paycheck.

    In this job we get no where you work all your life the truck you driving becomes your life the day you are die you will wonder what the hell you have don with your life?

    Good Luck .

  • jrhix

    Hear, hear my brothers! Well said comments one and all. I wish before I left this industry, that this old man is trapped in, that I would have seen us stand in one united front. I would have love for us to show the politicians, government, law enforcement agencies, shippers, receivers, law suit lawyers not to mention agents and brokers who was actually in charge of this industry. My Uncle used to say,”the great American Trucker driver, the greatest labor force that never was.” Pay us like paupers and regulate us like airline pilots. Still they wonder why there’s a drive/OO shortage. It’s so inviting to miss your kids growing up, eat bad food, sleep bad hours and to top it all an ever increasing stress level yours courtesy of the folks who regulate us. Like the Federally Mandated Communist Society of America (FMCSA) giving things like the Criminal Score Accumulation (CSA) point system and telling us that unlike drug smuggles we are not entitled to basic constitutional protections like unreasonable search and unlawful detention. Keep it coming and eventually the “sleeping giant’ will wake up….I hope.

  • Bobby Moore

    I agree that there should be an ex-truck driver to be part of panel to make or change regulations dealing with the druck driving industry, not idiots that have no idea what we do, or what it takes to do our job safely.

  • Maryalyce Save

    Go to CHANGE.ORG & get a petition going. Get these idiots out of our industry, they can’t spell truck industry let alone try to regulate one. We need to DEMAND that we sit on the committes & make the rules. Stop this political correct BS. Were these people elected or were they given these cushey jobs as favor paybacks??? How much are they paid, each one of them & what is their background & training to compentiently regulate the lives of Americans & our familys? LETS GET TOGETHER & STOP THIS INSANITY! Come on truckers get off your ass & on your feet. OOIDA knows how to get something like this rolling. Iam a Vietnam Vet, Sea Bee, I started trucking in 1967, and lifetime member of OOIDA. Tell me what to do to get this off the ground. I will do whatever it takes to help rid our industry of these parasites. We need to be Warriors now, shoulder to shoulder, take a stand & fully support it. Lets get our lives back, take our freedom back & be able to do what we love without the misery of these failures called “politions” Forgive mispelling, don’t know where spell ck is….. Hugs to all our brave men & women who keep AMERICA growing. Maryalyce Sager, Proud O/O, Ft Worth, Texas

  • Helmuth Hack

    I have a CDL and only drove a short stint. Federal laws for the medical card and not having $140 to shell out, has left me with an suspended CDL.
    I have seen harsh treatment of truckers; from employers to government and including law-enforcement. It is an uphill battle, and this applies to all citizens, whether a trucker or not: we are just a means to an end.

  • Helmuth Hack

    Drivers should have an 8 to 10 hour work day, no more. They should be paid hourly, not piece-meal or by the hour. This manipulation of the hours, such as 10/11 driver and 14 hours total has been shown as far back as the early 1900’s not to have production merits. The long hours is just a manipulation of drivers and keeping their hands tied.

  • Don Lanier

    The sooner we speak out AGAINST the RULES ROFL, and stop this and get TRUCKERS on these boards to bring Common Sense to the rulemaking process, these LOBBYS are ruining an industry already under duress from BAD PAY BAD FOOD BAD ROADS AND BAD BENEFITS ,,,WE DESERVE BETTER and Im sick of all the Lobbys being taken as experts. Let the Sleep Industry who stands to gain 5 BILLION dollars a year testify as the expert and insist we all have sleep apnea, Let those that stand to profit make the rules…its ridiculous, You want to make this job better, Pay me what Im worth, Give me PAID HEALTH INSURANCE AND DENTAL, Give me a yearly Gym membership and pay me a bonus to use it,…Start writing your lawmakers and insist these rules and such are Onerous and cost you money you need to put your kid in college, Picking my pocket with Laws that dont make it safe, but then cost us thousands of dollars….BAH HUMBUG

  • Excaliburs Rebels

    Why not have all trucks run daylight hours only and no weekends like the oversized load drivers do? Then we could throw away the logbooks and data recorders because they would not be needed anymore. If you are caught out on the road after dark you are in deep $hit. Do this and watch our pay go up.

  • martymarsh

    My my my, are people upset, and what is it going to take to get you people to do something about it? strives to maintain an open forum for reader opinions. Click here to read our comment policy.