GRAIN VALLEY, Mo. — The Owner-Operator Independent Drivers Association is seeking refunds on all commercial vehicle inspection citations issued to truckers in Minnesota prior to Aug. 1, 2009.

The class action lawsuit filed by he group against the state also seeks to expunge such citations from motor carrier and driver records.

A separate suit from the previous action, this lawsuit charges that the state of Minnesota failed to enact FMCSA’s safety rules and therefore, the state had no authority to fine truckers for related violations.

After FMCSA made recommendations that Minnesota take steps to adopt those regulations, the state corrected its law on Aug. 1, but OOIDA wants recourse from the fines that were paid during that time.

"The state of Minnesota finally got around to incorporating federal motor carrier safety regulations into state law this August when FMCSA threatened to cut off federal subsidies to Minnesota under MCSAP," said Jim Johnston, OOIDA president. Johnston refers to the Motor Carrier Safety Assistance Program. "They had no authority to issue tickets or put people out of service. It’s high time to give back what is owed and reverse the damage to drivers’ records."

The OOIDA suit charges that unauthorized citations and out-of-service orders issued by officers of the Minnesota State Patrol prior to Aug. 1, 2009 deprived both drivers and interstate motor carriers of their rights to due process of law under both the U.S. and Minnesota constitutions. If the suit is successful, the state would have to return all fines imposed for six years prior to the suit.

— via Truckinginfo.com