Truck.Net

(Grain Valley, Mo.) -The Owner-Operator Independent Drivers Association (OOIDA) filed a class action lawsuit against the state of Minnesota seeking refunds on all commercial vehicle inspection citations issued to truckers prior to Aug. 1, 2009. The suit also seeks to expunge such citations from motor carrier and driver records. 
 
OOIDA's suit charges that the state of Minnesota never adopted the Federal Motor Carrier Safety Administration's (FMCSA) regulations into state law and that the U.S. Department of Transportation never authorized Minnesota to enforce federal regulations.
 
The lawsuit is new and separate from the previous action OOIDA took against Minnesota in May 2009 with regard to a fatigue checklist.

OOIDA contends that prior to Aug. 1, 2009, there were no motor carrier safety regulations in existence that officers of the Minnesota State Patrol were authorized to enforce against interstate motor carriers or their drivers.  According to documents obtained from FMCSA under the Freedom of Information Act, Minnesota had not adopted safety regulations of its own and was not authorized to enforce federal regulations.

"The state of Minnesota finally got around to incorporating federal motor carrier safety regulations into state law this August when FMCSA threatened to cut off federal subsidies to Minnesota under MCSAP," said OOIDA President Jim Johnston. MCSAP stands for the Motor Carrier Safety Assistance Program.

"They had no authority to issue tickets or put people out of service. It's high time to give back what is owed and reverse the damage to drivers' records," added Johnston.

The OOIDA suit charges that unauthorized citations and out-of-service orders issued by officers of the Minnesota State Patrol prior to Aug. 1, 2009 deprived both drivers and interstate motor carriers of their rights to due process of law under both the United States and Minnesota constitutions.  The suit seeks damages against Minnesota officials under 42 U.S.C. § 1983 and restitution by the state of Minnesota of fines paid.  If the suit is successful, the statute of limitations would require that all fines imposed for six years prior to the suit be returned.

The suit was filed Nov. 19, 2009 in the Minnesota District Court for the Fourth Judicial District (Hennepin County).  A copy of the complaint is available on OOIDA's Web site (www.ooida.com).

The Owner-Operator Independent Drivers Association is the largest national trade association representing the interests of small-business trucking professionals and professional truck drivers. The Association currently has more than 158,000 members nationwide. OOIDA was established in 1973 and is headquartered in the greater Kansas City, Mo., area.