Civil rights and legal challenges

I do see what you are getting at and I do not know of anyone who has challenged it.

Yes it could happen to me at any time.

 

I think a lot of people are confused with regard to what are your civil rights.....they are: The rights belonging to an individual by virtue of citizenship, especially the fundamental freedoms and privileges guaranteed by the 13th and 14th Amendments to the U.S. Constitution and by subsequent acts of Congress, including civil liberties, due process, equal protection of the laws, and freedom from discrimination.

What this means is that you have the right to know what law you have violated before your are punished.....so your ticket will tell you what your violation is. It means you are not discriminated against, as in you are not ticketed because of your age, sex, or race. All your liberties are enumerated in the Constitution and the Bill of Rights.......all the rules are published by FMSCA, which was established by an Act of Congress.....you may not like all the rules, but they are part and parcel of the regulation of interstate commerce..... Just be thankful there are not 48 sets of rules defined by each state differently than the other.....you would not be able to cross a state line without breaking the law!!!

 

I am guessing that the OP isn't too bright about how to handle these issues when they come up. There is no rights violations, no one is subjected to unreasonable searches or drug testing as a norm, when it does happen, there is legal action that can and had been taken. Most of what we deal with has been long established under the interstate commerce clause, one of the few things that is actually a federal responsibility.

If we want to be like canada with their multiple page rights granting constitution, then we would face other restrictions.

AND the last thought is no one makes anyone drive a truck.

 

In all my years in the industry, i have never had a DOT officer knock on my door while on a break. Nor have i ever had a driver tell me that it happened to them.
The "i heard from a guy who heard from a guy that he was told" stories don't hold much sway with me.
Not that it doesn't happen, but i would wager the officer was first responding to an illegal parked or otherwise reported driver. They have more than enough to investigate so coming into some truckstop and rousting drivers i find a little far fetched.
As to drinking, smoking or injecting anything you want on time off. When you got your CDL, you agreed to abide by the rules as laid down by FMCSA. Don't like them, well anti up and file your Federal lawsuit. Smarter people have decided not to waste their money. Or call the ACLU and tell them your idea and see how far you get with them.
As others have stated, smoking J isn't a constitutional right.
You don't say in your profile if you are in fact a truck driver, so that in itself is a sign you aren't committed to your cause.
Will be waiting to hear the outcome of your lawsuit.

 

Everyone has good points. The first thing is we have a job that is far different from most workers. Our job is performed with the public all around us. Just imagine if they didn't do drug and alcohol test. Four drivers getting killed because of some other guy's need to alter his mind for enjoyment. It would be chaos on the highways. It's not like the old days anymore. The highways are congested. Vehicles are more comfortable deceiving many how close to death they really are.

Something had to be done to take the garbage out so to speak. This stuff didn't happen overnight. We evolved to where it's at today. Partying is all fun when you are young but eventually a man has to grow up and get his priorities straight. If someone wants to be a career partier than they need to choose a work path to fit their lifestyle. It's not a matter of when but the fact you do it anytime while being a truck driver you show you are willing to break any rules to suit your own needs and wants. One that parties associates it with having fun. To them that's the only way to have a good time. A man can have just as much fun without partying if one gave it a chance.

When someone believes in something they will pull all strings to strengthen their cause. The topic doesn't matter. It's part of human nature.

I think you are confusing terrorist. Most of them are from the very countries that are/were in war or are fighting each other. Most that are in our country are from India. They are very peaceful people and family oriented. Just because they have dark skin isn't the definition of a terrorist. These white people shooting up schools, movie theaters, malls and airports are just as much a terrorist. They all fight for a cause and to prove a point. They just do it dirty.

When the Bill of Rights was written many moons ago the country was is a totally different state and the reasoning of many things written have changed between then and now. Look at the word "Amendment" which many don't think of it's definition. It means formal or official change. Which means all them amendments on the bill of rights were added later and modified as times changed and dictated them. As much as some don't like change the world will always change whether we like it or not. Trucking and it's rules will be no telling 50 years from now. Drivers then might look back and say wow they had it made back then.

 

You...fld...can challenge anything you want in court in America...you are allowed to represent yourself.

 

Try taking your 10 hour break on a calif interstate shoulder or off/on ramp..I promise you,you will get a "knock on the door" then a ticket...

 

You're a CDL holder and you're involved in interstate commerce. You're beholden not only to state laws, but federal as well. And it's all laid out in the FMCSA handbook. As Wore Out and TiredinAZ pointed out, take a gander at it sometime.

A company may give you a drug & alcohol test whenever they want. If you're driving their equipment or you're under their authority, they have every right to test you. If a company wants to put a camera in their truck to monitor their employee, then they have that right. Nobody is violating your civil rights, methinks that you think you can do whatever the hell you want when you want, the consequences be ######. That's not how it works in a civilized society, and certainly not a safety sensitive industry.