I heard from some people that the US Supreme Court ruling said, it was unconstitutional to receive points on your SCA score for a warning ticket and inspection, since there was no ticket given, points can not Follow.
It was against the fourth and 14th amendment rights.
Did anybody here about this ruling.
US supreme court ruling on CSA 2010 points
Discussion in 'Trucking Industry Regulations' started by v6killer, Feb 1, 2014.
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Heard nothing of the sort. Better to look it up than listen to "some people".
Roadmedic and Emulsified Thank this. -
Might want to learn what the 14th amendment is and how it could apply. Same with the 4th amendment.
Otherwise, turn off the cb and step back from the counter.Emulsified Thanks this. -
There was no ruling I found on their site nor didn't even see it on their radar. I would consider this to be a congressional issue and not a court issue seeing that it isn't really stops people from driving or violates their rights.
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"Some people" could be anyone.... Especially on the cb, and most of what is on there is bs, much like the garbage that some spew about US marshals coming to drivers' rescue at the scale houses.
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I was listening to road dog trucking Sirius XM radio, I don't remember for sure, but I think it was a news report in between one of the shows that were playing, a day later I was talking to one of my friends, he said read it online. I will talk too him on Tuesday to find which new site he read that article.
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This has been covered too many times... However, how can one say it doesn't violate ones due process rights, when a non-court contestable warning ticket(by definition, many times subjective to the issuing officer)... can and does add points to a CSA score? Whether it's on the company, or a personal record.
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OK I haven;'t seen it at the SC level anywhere.
However I can't see how it's a violation of due process because this is the 'reporting' system of a larger program and isn't anything that should go to court. The problem is with how the system works, the warnings and violations are created somewhere else, not within the system and hence this is only to report those warnings and violations - and nothing more.
The problem is that this is a congressional issue, not a court issue. My point of view is NO where should a warning be counted (I've got a few) but violations which have not been fought or admitted to should only be counted. -
Yet warning are recorded and can cause DOT intervention, backed up under penalty of the law. If a warning is being recorded, and it's possible to use this data for ANY future enforcement event. It doesn't follow due process.
I agree, warnings should not be counted... they are warnings. However, currently with CSA, warning are counted and tabulated. -
The way the "Government" can get around the Constitution is that they are not stating that a warning is anything other then an indication of unsafe driving on the part of a CDL holder. It is an opinion of the law enforcement or DOT person who observed you that you were operating the vehicle in an unsafe manner.
It is my belief that the use of regulatory bodies to write law is a very dangerous thing. Everyone wants to come up with a new idea. That is how they get promoted. The voice of reason that says enough is enough is shown the door.
While I am not encouraging violence. The Second Amendment to the US Constitution is was designed to handle over reaching Governments. The first correct use of the 2nd Amendment was the Whiskey Rebellion. Unfortunately, we loss.
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