More BS about Fatigued Drivers

Yesteryear · Apr 19, 2009

If it is actually true that a trooper devised this list I seriously doubt it is going to go nation wide. It is more of a departmental list (a list that could get the department sued). It is totally out of line. I cannot see any trooper actually asking the questions on this list.
How would he check the sleeper for books, magazines, movies, tv ect? How would he know if a driver had a 'urine bottle' unless he has it right by his seat in plain veiw? A trooper cannot search the sleeper without just cause or permission. You as a driver are not required by law to disclose RLS to an officer, or if your having financial difficulties, and you do not have to disclose when the last time you stopped to pee was, you do not have to give them permission to search your sleeper! If they insist on searching they better have just cause to do the search! They will let you know if they have just cause and it better be just that JUST CAUSE!
So hello! I personally think this list is bogus, a joke to anger drivers. It is unconstitutional and I don't think dot would be wanting to be sued by some pi$$ed off driver!

When this happens to me then I will believe it is true! That is when 'lawsuit' might be worth considering!

layoutshooter · Apr 19, 2009

Greg is right, not being involed in politics is the cause of all the losses of freedom. Yes, I do believe it will go nationwide and most likely get even sillier than it is now. The Feds don't care about your Rights under the Constitution. They only care about ruling and control. Layoutshooter

FIS53 · Apr 19, 2009

My flatdeck would be OOS a lot then as it goes to construction sites and mines for over half of its deliveries. How few of those are not covered in mud? Not only that but some of the straps taken off during a rain will go on the passenger side floor to dry out. SO it looks like a mess over there. Glad that's not a guideline up here. But I know some yahoo will see it and think it's a good guide to use.
Rob

Yesteryear · Apr 19, 2009

Oh cow hocky puck and bull pies too! This is a bunch of flim flam to rile up drivers and ya'll're lettin it do just that! Have any of you been asked these questions? Duh, not happenin!

Bet if dot hears about this they gonna be laughin their fanny maes off!

layoutshooter · Apr 19, 2009

OOIDA is aware of it and is looking into it. They were talking about this on thier show on XM171 the other day. It is real and drivers have been shut down based on this. Layoutshooter

Yesteryear · Apr 19, 2009

layoutshooter said:
OOIDA is aware of it and is looking into it. They were talking about this on thier show on XM171 the other day. It is real and drivers have been shut down based on this. Layoutshooter

Then those drivers need to sue the tar out of the officers involved! What'cha want to bet their perspective departments will fling'em to the wolves, deny all knowledge of it, when the sh*t hits the fan!

cheri1122 · Apr 19, 2009

Some actual proof of drivers being shut down under these 'guidelines' would be welcome - it's a stretch to believe it otherwise, as the 'warning signs' would apply to virtually every driver on the road.

layoutshooter · Apr 19, 2009

That is why OOIDA is looking into it. They have copies of both "lists". They are investigating the claims of drivers but they feel on the surface that this IS going on. There is a form of blackmail to go with this. Some drivers are reporting that you are given a "Choice" of the survey or a DOT. Layoutshooter

Yesteryear · Apr 19, 2009

cheri1122 said:
Some actual proof of drivers being shut down under these 'guidelines' would be welcome - it's a stretch to believe it otherwise, as the 'warning signs' would apply to virtually every driver on the road.

AMEN! Exactly!

Yesteryear · Apr 19, 2009

layoutshooter said:
That is why OOIDA is looking into it. They have copies of both "lists". They are investigating the claims of drivers but they feel on the surface that this IS going on. There is a form of blackmail to go with this. Some drivers are reporting that you are given a "Choice" of the survey or a DOT. Layoutshooter

giveme giveme giveme baby give me that D O T with a capitol T!

Matter fact just had a level one in NC passed with flyin colors so give m that D O T everytime. No way no how are they going to violate me like that survey does because that is exactly what it is a violation! If the stupid drivers agreed to it then they are plumb locomotive!

layoutshooter · Apr 19, 2009

Click on the link on the first page of this thread that Greg posted. Then look on the LANDLINE now for more info. OOIDA is claimed documented proof of this going on. Layoutshooter

layoutshooter · Apr 19, 2009

More stuff. Layoutshooter

<LI class=Headlines> Part I: A so-called 'survey' puts a 30-year safe driver out of service <LI class=Headlines> Part II: Critics say checklist subjective, unscientific; officers stand by process <LI class=Headlines> Part III: A conversation with the man who created the list, Capt. Ken Urquhart
Part IV: OOIDA officials say Minnesota's method creates more problems than it solves

Streakn1 · Apr 19, 2009

Since Fatigued Drivers is prompting the possibility that all drivers will be required to undergo a Sleep Apnea (splg?) test to keep their CDLs, are these test facilities going to be able (and willing) to provide the exact same sleeping conditions the driver is accustom to in all fairness? I cannot sleep in unfamiliar conditions ie,motel room, etc!

Example: I can only sleep peacfully in the nude, uncovered, temp set at 78 degrees, on a Temperpedic mattress, Temperpedic pillow, a silk sheet and pillowcase, and Spa playing softly on the Sirius radio.

If they want to test and observe me while I sleep they better deal with it!!! LOL

Yesteryear · Apr 19, 2009

Here's the part that is very interesting. . . from land line now.

“They are going to be put out of service for 10 hours, and in the case of Indiana, they’re actually encouraging the officers to cite the drivers under local ordinance, which is really, really curious,” he said. “It does talk about the fines being much more significant.

“Once again, you often hear this refrain from us about some of these enforcement practices: They have nothing to do with safety, and everything to do with revenue enhancement,” Rajkovacz added. “In this particular case, these people are hiding behind this mantra of safety.

It also says it is voluntary. . .so don't volunteer!

The questionnaire in both states is voluntary. However, truckers are often unaware that they’re going through an interview process that can lead to them being put out of service – or fined.

Land Line Now has been able to document several cases where officers – without an initial screening called for by the checklist’s author – have put truckers through the process and put them out of service, failing to inform them about the nature of the process until they were declared out of service.

In each case, enforcement officers on the ground told the truckers they were taking a survey.

This is my husbands sentiment exactly .when I showed him this thread . .said by Joe Rajkovacz!

“I was a cop. What Capt. Urquhart is doing is something that I cannot imagine ever doing to another human being.”

Also this check list is . . .

Rajkovacz agreed.

“I’ve gotta say, this is why I get so frustrated,” he said. “Clearly, this reeks of civil liberties violations. But to even start to judge somebody based on the fact that they have a CPAP machine in their truck, it flies in the face of the protections that are given to people with disabilities under the Americans with Disabilities Act.

layoutshooter · Apr 19, 2009

And if you refuse they will do a DOT inspection in retaliation. How much you want to bet that they find "something" to take you out of service? Civils liberties are falling fast. HEIL HEIL is the word. layoutshooter

Yesteryear · Apr 19, 2009

layoutshooter said:
And if you refuse they will do a DOT inspection in retaliation. How much you want to bet that they find "something" to take you out of service? Civils liberties are falling fast. HEIL HEIL is the word. layoutshooter

It's sad Layoutshooter but your probably 100% right!

layoutshooter · Apr 19, 2009

We CAN stop it, but we won't. Most will just give in and those who do fight it will be ridiculed. Grease up!! Layoutshooter

Yesteryear · Apr 19, 2009

If anyone is interested this 'survey' is a violation of your 5th amendment rights (self incrimination, their in essence interrogating you with the intent of citing you with a criminal violation or detaining you with a investigatory stop. See Terry vs Ohio) Also, to threaten a dot inspection if a driver refuses to participate in the 'survey' is coercion it is illegal.

If your asked to take a survey your answer should be "No, I do not wish to participate in a survey. Thank you."

layoutshooter · Apr 19, 2009

It would be a very good idea that EVERYONE carry a small micro-cassette recorder. (not digital) If you get stopped for ANYTHING along these time I recogmend that you record all converstations as evidence for possible law suits and civil rights cases. We must stand up to these things. Layoutshooter

Turtle · Apr 19, 2009

"The questionnaire in both states is voluntary. However, truckers are often unaware that they’re going through an interview process that can lead to them being put out of service – or fined."

That's entrapment, and if fines are involved, coerced self-incrimination. Even an OOIDA lawyer should be able to see that. Everything an officer needs to know can be found in the log books and in the medical long form. Beyond that, it's profiling and none of his business.