Judge Puts Minnesota Fatigue Program to Sleep
A U.S. District Court judge has ruled that the Minnesota State Patrol's use of CVSA Level III inspections to determine fatigue violates truckers' Fourth Amendment rights

A U.S. District Court judge has ruled that the Minnesota State Patrol's use of CVSA Level III inspections to determine fatigue violates truckers' Fourth Amendment rights.
Calling the decision "a major victory," Paul Cullen Sr., of The Cullen Law Firm representing the Owner-Operator Independent Drivers Association, told Land Line Magazine that Minnesota's fatigue tests are beyond the scope of CVSA's Level III inspections, and before such a test could be conducted, officers must have "reasonable articulable suspicion."
In other words, the driver must exhibit or have shown clear signs that he or she was obviously fatigued.
Minnesota have been using a check list of sorts that officers at roadside could consult to see if the certain activities, the driver's physical appearance or condition, or even the condition or appearance of the truck or cab interior might indicate a driver was tired of fighting fatigue.
The checklist includes items such as the presence in the cab of a computer or a cell phone, a TV or DVD player, food or food wrappers in the cab, untidy or unkempt driver appearance, and the presence of tools or debris on the sleeper's mattress.
OOIDA member and plaintiff, Stephen K. House, filed the lawsuit against the Minnesota State Patrol and individual officers on May 13, 2009, on behalf of truck drivers placed out of service after members of the patrol consulted a checklist and arrived at the conclusion the drivers were "fatigued."
"None of the observations made in House's inspections - which include neck size, urination habits, presence of Playboy magazines, TVs, and computers in the cab - none of those factors satisfy reasonable articulable suspicion," Cullen said.
The decision in this case will have an effect on fatigue enforcement in other states as well as Minnesota, Cullen noted.
"The judge's findings, if followed, will affect other states as well that are conducting fatigue inspections," Cullen told Land Line. "Level III inspection procedures are not broad enough to allow officers to inspect for fatigue. This means that they will need to have reasonable articulable suspicion or probable cause in order conduct such inspections."
More Drivers

Trucker Path Expands Reserved Parking Network
Trucker Path has added close to 6,000 more truck parking spaces to its Trucker Path Reserved Parking Network with the addition of Safe Truck Parking.
Read More →
EEOC Sues Texas Trucking Company Over Driver Age Limits
The agency says Trancasa USA rejected applicants over 65 and applied tougher driving-record standards to those over 60.
Read More →
Nussbaum, Roehl Announce Second Driver Pay Increase This Year
This year has seen a swath of major truck driver pay increases as freight capacity has tightened.
Read More →
From One Generation to the Next: How Mentorship Builds Safer Truck Drivers
After three decades in trucking, Harold Perry shares what he's learned about driver safety, mentorship, and helping the next generation build confidence behind the wheel.
Read More →
Truck Drivers Need More Than Another Alert
Fleets have more visibility into truck health, safety events, and driver activity than ever. The next challenge is turning all that information into useful guidance for the person who has to decide what to do next.
Read More →
FMCSA Removes 110 Truck Driver Training Schools from Certified ELDT List
Federal regulators also are targeting more than 160 additional training providers and launching a nationwide audit of third-party CDL skills testers as part of a broader crackdown on trucking fraud.
Read More →
Hours of Service Pilot Programs: FMCSA Readies for 2027 Rollout
Two pilot programs could eventually reshape hours-of-service rules, giving truck drivers options to pause their 14-hour clock or use longer split sleeper rest periods.
Read More →
Medical Cards, English Proficiency Reshape Roadcheck Violations
Medical-card violations jumped to the top of the driver out-of-service list during CVSA’s 2026 International Roadcheck, while English-language proficiency violations appeared among the leading violations for the first time.
Read More →
Driver Trust Can Make or Break the Success of Fleet Safety Technology
New Teletrac Navman research suggests that onboarding, transparency about driver data, and positive feedback can play a significant role in how commercial drivers respond to safety and coaching technology.
Read More →
EEOC Sues KLLM Over Alleged Sex Discrimination in Driver Training
KLLM is facing a federal sex-discrimination lawsuit over policies the EEOC alleges put female truck driver trainees at a disadvantage.
Read More →
