Tag Archives: Preserved

Truckers’ 4th Amendment Rights Preserved: CVSA Repeals Out-Of-Service Fatigue Criteria Changes

 
 

The Commercial Vehicle Safety Administration’s Out of Service criteriais a document every patrol officer and driver should be intimately familiar with. Of particular note is the section on Fatigue. It currently states “When so fatigued that the driver of a commercial motor vehicle should not continue the trip based on reasonable, articulable suspicion… Declare the driver out-of service until no longer fatigued.”

Until April 1st, that used to read “…based on reasonable doubt.”  This legal hurdle of “beyond a reasonable doubt” is the foundation for our courts in America. That one little phrase is the difference between a free society of the people, for the people, and a police state where no evidence is needed to prove guilt.

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