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Overdrive Staff | March 01, 2011

NET COMMERCIAL TRAILER orders rose to 22,915 in December, a 7 percent increase over November, ACT Research Co. says. ACT also reports December factory shipments were up 12 percent from November and 69 percent higher than December 2009.


Trucker wins inspection case

A federal judge has ruled the Minnesota State Patrol’s conduct during a 2008 fatigue inspection violated a trucker’s Fourth Amendment rights against unreasonable search and seizure.

In May 2008, officers pulled over Stephen K. House, owner of Eagle Trucking Enterprises, for a Commercial Vehicle Safety Alliance Level III inspection during a FIST patrol event. FIST is an acronym for fatigue impairment, seatbelt violations, and other traffic violations, which are checked most often at inspections at weigh stations.

Patrol officers made inquiries regarding House’s neck size, urination habits, financial affairs, allergies and family illnesses, according to the suit. Officers also asked if he had specific items in his cab, including Playboy magazines, food wrappers, food and a computer.

Law enforcement placed House, a trucker of 32 years with at least 3 million accident-free miles, out of service for 10 hours. The Owner-Operator Independent Drivers Association and House consequently filed suit.

On Jan. 28, Judge Donovan Frank, U.S. District of Minnesota, ruled the defendants’ investigation exceeded what the law entitles.

The parties were set to meet March 2 to mediate prospective remedies. Frank ordered House’s out of service record wiped clean, and OOIDA and House are also entitled to an award of attorney fees and costs.

– Jill Dunn



Congress mulls tax form’s impact

The U.S. House Small Business heard testimony Feb. 9 on a new tax requirement the Owner-Operator Independent Drivers Association says will burden its members, while Congress examines legislation to repeal it.

Congressional bills are aimed at repealing an IRS plan to require small business owners to file more Form 1099s.

Committee Chairman Sam Graves (R-Mo.) said the hearing, “Buried in Paperwork: A 1099 Update,” examined the expanded 1099 reporting requirements in Section 9006 of the Patient Protection and Affordable Care Act.

The impending rule would require companies to file a Form 1099 on every business with which they spend at least $600 a year.

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