I am curious if anyone knows if the restrictions placed on drivers have ever been challenged in court.
I think that drivers have next to no rights. For example, being tested for a substance that you ingested however long ago (off duty) is a violation of our civil rights. To all people, whether you agree or not, positively all drivers' civil rights are regularly violated.
My question isn't particularly about drug testing. Having DOT guys wake you up while you are on your 10 hr break, searching your truck, fines for sitting in the front of the truck, while logging sleeper (that's a driver that we need to devote resources to catch), now privacy concerns with cameras in the trucks (recording driver), even companies being allwed to call you on your day off, vacation, etc, for drug testing is absolutely legal. It seems that different DOT guys interpret the law however they feel like it. Whatever they say, right or wrong, seems like that's the law. They have the power to say and do as they feel like, and drivers really have no legal recouse- no civil rights.
Has any of this been challenged in court? Pretty much every group in America has an advocacy group that fights on their behalf. Are drivers really just a group that no one cares about, so it's ok to violate their rights? Are these just laws passed by people in such a way that there is no legal recourse to fight against? Are we living in times where the rulers tell the minions what to do and they just follow along? What happened to our constitution that GUARANTEES all all people's civil rights? How is it that this happened and everyone just acts like it is ok?
I understand that safety is important. But safety does not trump civil rights. We are not to profile terrorists, because we feel that is a violation of our constitution, even though 98% of terrorists are of middle eastern and arabic background. I'm not saying we should profile, but I'm stunned that people who literally are trying to kill us, annihilate us, wipe us off of the face of the earth, each and everyone of us, they are given civil liberties over drivers who live here, pay taxes, and stimulate the economy. WTF???
And before anyone starts with the "I don't care, I've got nothing to hide" routine, keep in mind that every time one group's civil liberties are destroyed, it becomes easier to violate another group's rights. You may feel you have nothing to hide now, but you may soon. How can all of this go unchallenged?
Civil rights and legal challenges
Discussion in 'Trucker Legal Advice' started by fld, Nov 22, 2013.
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As far as DOT being able to stop, search, and drug test whenever they want, it is perfectly legal. When you voluntarily get a CDL, you are giving "implied consent" to all of the above. If your company is harassing you, just get a different job.
joseph1135 and GITRDUN45 Thank this. -
When you get the CDL manual to study it plainly states you can't refuse drug or alcohol testing. I am sure that every body figures out before they go to school that you don't get paid the whole time you are gone but by the mile. Also DOT rules as far as inspections and log books ETC. are outlined in the safety regulation manual which should be some what read by any one who is giving thought to becoming a truck driver. So why gripe about rules, pay, etc when if you had done your research you would have discovered all these insufferable conditions and could have made a better choice for you.
I realize the OP didn't say anything about pay, but there are so many on here that act like the first time they heard of paid by the mile not hours they were gone was when they collected the first check. For those who call it slave wages or whatever the wage to load unload hook un hook is figured in the per millage pay rate.GITRDUN45 Thanks this. -
You are misquoting the Civil Rights Act of 1964 It has nothing to do with what your speaking of. You are primarily talking about labor laws. Second everything you have listed is covered in the http://fmcsa.dot.gov/ in regards to inspections etc.
GITRDUN45 and joseph1135 Thank this. -
Well, you actually prove my point. By your logic, the laws are legal. You voluntarily give implied consent with getting your CDL. Drivers like you say, "what's the problem?".
The problem is that just because the law exists does not make it legal. When most people in an entire industry take an attitude like this, I see how the government can do this. They prey upon the ignorance of drivers. It is like the BIG LIE. Violations of civil rights are no different in regards to race, religion, or occupation. It is a BIG DEAL. The constitution promises civil liberties to ALL PEOPLE. Yet EVERYONE in this industry is regularly violated.
So the next answer from all who cannot understand the fundamental concept of our constitution is, "if you don't like it, just go into another industry". How on earth does that solve the problem? The government has taken one group of people and excluded them from the constitution! It doesn't take a genius to see that it's a stepping stone to more and more erosion of our rights. I cannot see how ANYONE cannot understand this. I CAN see how people trade their rights to earn a living, but that does not make it right.
The government itself has the responsibility to provide ALL people with their civil rights according to our constitution, plain and simple- Except drivers.
Again, to my original question, has any of this ever been challenged in court? -
There's always Canada for you driver. Europe not bad either. I don't recommend the middle east. It is your constitutional right to speak out I applaud you for doing so. Challenge it in court I need a laugh. What makes the law constitutional is as adults we consent to it. We have the option to not consent and not be a part of the industry. Thus you are no longer subject to these illegal activities by our government.
GITRDUN45 and popcorn169 Thank this. -
I myself do not think that it is a violation of my civil rights that is being violated. There are some parts of the job I think that is kind of an inconvenience but I knew that going into this industry. Every industry has new rules and regulations that emerge and we just do not see them as we are not in that industry. As for the drug testing I have never had anyone call me on my vacation or time off to do drug testing. They have waited till I came back to work.
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Actually,I think Canada does work in accordance with their constitution (unlike here). Some people are really funny. This isn't about MY civil rights, it's about OUR civil rights and what the government is doing and is capable of doing. For all this country has gone through to have freedoms, it is amazing how many people could care less.
Unbelievable.
I am not telling anyone to leave this industry. It's game that you have to play if you want to work. It's the attitude like everything is like it should be that concerns me. Whether you play the game or not, it is important to understand your rights. Just as a reasonably intelligent citizen, it is important to understand your rights. No wonder they can take them away so easily... -
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