The reason the officers are being involved is simply because the state's supervising officer wants them to use the checklist(his checklist) as a guideline for fatigue - the individual officer uses his/her judgment as to how the driver fits into those categories on that list, under the guidelines of a law enforcement official opinion generated checklist, not a law or with the states lawmakers approval... so it's the actions based on the officers perception that opens them up for prosecution... much like a regular law enforcement officer's perception of the need for the use of force, or even lethal force...if they're wrong there, they are prosecuted as well, just under more serious charges. Not to mention the civil lawsuits that would follow any criminal trials. It's sorta' like you being pulled over for drunk driving because you were weaving... even though the reason you were weaving because there was a bee in your car... the cop didn't see the bee, so you're given a roadside test an probably a ride downtown...but in the case of drunk driving, you can prove or disprove with a breath test and blood sample evidence...with fatigue it's up to perception alone because there isn't a tried and true measuring stick like a breath or blood test.
As for OOIDA discussing their strategy...no details or specific strategy was mentioned, but a discussion of the publicly accessible information that has already been filed pertaining to the lawsuit.
I personally hope OOIDA nails these guys to the wall, it might give a moment of pause (maybe??????) before any further excessive enforcement happens. I mean, if the driver truly is fatigued, I want them off the road...even if it's me. But with the way they gauge it, there has to be a better way.
As for the officers asking if you want to take a survey, they've been secretly told not to ask, just to do it.(They was a private memo sent out telling them not to mention the checklist/survey, but somebody slipped it to the media... so it's not a secret any more)
DO NOT TAKE THE Minnesota State Police Driver Fatigue survey
Discussion in 'Trucking Industry Regulations' started by 07-379Pete, Apr 2, 2009.
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I too hope OOIDA nails them with this, and NOT because I happen to be a driver... but because of the nature of the checklist.
Case in point:
The last time a law enforcer was given the ability to make laws it went like this.... Heinrich Himmler, leader of the police force in Nazi Germany(SS and Reichsfurer SS including the Gestapo) unilaterally wrote laws in which his police/gestapo enforced.
On these grounds alone... this survey MUST be stopped. -
as a driver who goes across the st.criox scale every week. some of the practices the mndot natzi thugs use should have been outlawed years ago.
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Only an idiot would come right out and check 10 for "extremely tired/worn out". How long before they start requiring a body cavity search at the welcome centers?
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i'd like to tell them something other than, "no thanks." maybe something like, "go shove that night stick and/or taser up your ####. i'm not taking the survey."
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could someone plz tell me where i can get this list thats NOT in the PDF format? for some reason my pos pc wont allow me to open any pdfs, i wanna see the whole list, not just a few of them, anything would be great
thanksphroziac Thanks this. -
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First.... #####... some of the responses on this thread had me laughing so hard I was snortin!
Honestly if I were put OOS based on a survey it would be a LONG 10 hours at that scale. I can think of about 100 things to occupy 10 hours that would annoy the piss out of DOT. -
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