Expert Witness Blog
Trucking expert witnesses may opine on federal motor carrier safety regulations, truck maintenance, trucking drug and alcohol regulations, qualifications of truck drivers, and more. In the news Monday, a U.S. District Court judge ruled that the Minnesota State Patrol’s use of CVSA Level III inspections to determine fatigue violates truckers’ Fourth Amendment rights.
Calling the decision “a major victory,” Paul Cullen Sr., of The Cullen Law Firm representing the Owner-Operator Independent Drivers Association, told Land Line Magazine that Minnesota’s fatigue tests are beyond the scope of CVSA’s Level III inspections, and before such a test could be conducted, officers must have “reasonable articulable suspicion.”
In other words, the driver must exhibit or have shown clear signs that he or she was obviously fatigued. Minnesota have been using a check list of sorts that officers at roadside could consult to see if the certain activities, the driver’s physical appearance or condition, or even the condition or appearance of the truck or cab interior might indicate a driver was tired of fighting fatigue.
Read more: truckinginfo.com.