Email exposes MN State Patrol memos - Truckers' Trucking Forum

rookietrucker · **^ Top** #1 05.18.2009

When Nanny State meets Police State - MN State Patrol Gets Sued

E-mail indicates that some Minnesota officials are trying to hide checklist from truckers, media – and state lawmakers

Quote:

Few things have generated quite the level of controversy in the trucking industry as the Fatigued Driving Evaluation Checklist.

The checklist is a project promoted by an officer of the Minnesota State Patrol, a list of apparently arbitrary questions that officers say determine whether a trucker is fatigued.

After our initial reports on the topic, truckers and state lawmakers began to inquire about the list. And many were not pleased.

Now, a memo has been sent from the e-mail account of an officer in the Commercial Vehicle Enforcement Division of the Minnesota State Patrol. In the memo, other enforcement officers are told to keep quiet about the checklist, even when they’re using it, even to the trucker they’re using it on.

OOIDA obtained a copy of the e-mail from an anonymous, but reliable source. It was sent from the e-mail account of Lt. Steve Lubbert.

The memo reads as follows:

“Due to much publicity, both on a local and national level, several inquiries are being made about our fatigue report by the State Legislature, news media, etc.

“We as an organization do not want to damage what we have worked so hard to accomplish. Please use your interviewing skills to determine if the driver is fatigued.

“I ask that you do not tell the drivers that you need to fill out a checklist (worksheet), that you are taking a survey or any other statements that you use to reference the report.

“The report is for you to use to document what you observed; statements made by the driver; notes for you to reference to about the event; and as a guide to gather the various indicators from different areas on the report.”

The e-mail went on to say that enforcement officials with questions contact Lt. Thooft or Lt. Lubbert, listed as the author of the e-mail, if they had any questions about the report or the way they are using it.

more here>> Nanny State meets Police State

Here is a news article from MN >> When Nanny State meets Police State - Minnesota State Patrol Gets Sued

bullhaulerswife · **^ Top** #2 05.18.2009

In reading this Article, it seems that Indiana got smart and shelled the use of the checklist. Let MN be the example here, and see what comes out in the wash.

I find it very interesting also that the "creator" of this checklist is making money off telephone seminars on how to use it. Lets hope that this suit and the publicity its getting will stop other states from jumping on board with this one.

Its going to be interesting to see how this comes out.

bullhaulerswife · **^ Top** #3 05.18.2009

Quote:

When's a trucker too tired to drive?

By JIM FOTI, Star Tribune
May 17, 2009
How should a state trooper decide that a trucker is too tired to drive?
That's the question at the heart of a federal lawsuit filed by a national truckers association, which contends that the Minnesota State Patrol has illegally kept trucks off the road by using a lengthy "fatigued driving" checklist. On the list are such items as whether the driver seems dirty, disheveled, unshaven, irritable or overly agreeable, and whether his sleeping berth is "obviously unused" or has a video game system.
The lawsuit, filed Wednesday in Minneapolis by the Owner-Operator Independent Drivers Association Inc., on behalf of two out-of-state drivers, points out the tricky business of regulating drowsiness on the road.
"We consider this ... an outrageous abuse of police power and an intolerable violation of the civil and constitutional rights of professional truckers," said Jim Johnston, president of the association, the largest in the nation representing professional truckers. "We see no justification for this conduct either scientifically or in rational, legitimate law enforcement."

And this is particularly interesting:

Quote:

Other states have taken an interest in Minnesota's approach. In Iowa, 12 officers have received training from members of the Minnesota patrol as part of a pilot program, said David Lorenzen, chief of Iowa's motor vehicle enforcement office.

The pilot will run until Aug. 1 and then be evaluated, said Lorenzen, who cited the recession as a factor fueling driver fatigue. "People are going to take second jobs and work longer hours, and the economy makes things tougher for everyone."

The whole article

CURTWAYNE · **^ Top** #4 05.19.2009

I won't be going to minnesota at anytime in the future, whether on a job, or vacation.

roadkill439342 · **^ Top** #5 05.19.2009

Quote:

Originally Posted by bullhaulerswife

And this is particularly interesting:

[LINK POSTED BY MEMBER] Only Members Can View This Truck Forum Link.

Oh yes......this recession is so bad, that I am now going to take a second-job from my truckdriving position as a..........truckdriver.
Since I can't legally keep two logbooks in one truck, I will drive two trucks so each logbook is accurate.

</sarc>

Elvenhome21 · **^ Top** #6 05.20.2009

how on earth are drivers going to be able to get or do a second job!

jdrentzjr · **^ Top** #7 05.21.2009

I know there have been other post concerning this issue. However, none have given an actual copy of the list. So, here it is. Enjoy!

5mouths2feed · **^ Top** #8 05.21.2009

Quote:

Originally Posted by jdrentzjr

I know there have been other post concerning this issue. However, none have given an actual copy of the list. So, here it is. Enjoy!

WTF!!!!

???? First off we should go to thier homes and see if the have books, tv's, gameplayers etc...Whats a driver supposed to do during the MANDATORY 34-hour reset a thousand miles from home? Secondly who the H gave them training to determine medical condition of anyone at all. This is totally absurd and abusive........ Looks like profiling!! They can kiss my un-shaven, disheveled A#$%%#.

And while your at it.......................... WASH MY TRUCK!

dieselbear · **^ Top** #9 05.21.2009

This is the first I have actually seen this survey/checklist /report. Makes me wonder why a Lieutenant would want to hide this stuff from anyone. Tells me it isn't on the up and up. Like the article said, this is trickery. You want the public we serve to know and understand what is expected of them. This is like a scam to screw someone. Damn glad my Agency never jumped on this bandwagon. The two former officers in this article made very valid points and I have to agree with them. I have said it before and still stand by my opinion, that is the stupidiest thing I have every seen from a law enforcement agency. I've conducted over 15,000 inspections in 9 years I can remember putting 3 or 4 driver's out of service for fatigue. Each time I put a vehicle or driver OOS go to the OOS criteria and read it at least twice to make sure it's definately OOS. The last thing I want to do is shut someone down, cause a load to be late or a pickup to miss a load appointment. I know everyone is human and mistakes happen, but in my line work I can not afford mistakes. Mistakes in my line of work can cause a number of actions. First and foremost, is injury or death. Second, lawsuits and complaints. And the last thing I want is either one. I wonder how many in the rank and file, buck the system on this. I can speak for the guys I work with, there would be a handful of us that would say "yeah right, whatever. Ain't no way I'm touching that." I spoke to a few of the ones I work with and everyone had the same opinion as I did on this one. Wouldn't want to touch it with a 10 foot pole.

Biscuit75 · **^ Top** #10 05.22.2009

After I heard about Mn. doing this I talked to my attorney. He advised me that what was best to do if I was in this situation was to lock my truck as I got out of it. When they start asking questions about fatigue or what I did during my time off I was to offer them my log book as a record and not say anything. If they did decide they wanted to inspect my truck to say no and to get a search warrant. Subjectively deciding I was fatigued was not probable cause for a search. If they did put me out of service I was to contact him. He says he can not see anything in the laws that would allow them to arbitrarily put you out of service if you are legal according to the federal DOT laws.

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