Truck Drivers Seek Refunds of Tickets Issued by Minnesota Troopers

November 24, 2009– FOR IMMEDIATE RELEASE
Contact: Paul D. Cullen, Sr., The Cullen Law Firm PLLC,  pdc@cullenlaw.com or (202) 944-8600

TRUCK DRIVERS SEEK REFUNDS OF TICKETS ISSUED BY MINNESOTA TROOPERS
November 24, 2009, Washington, DC  - The Cullen Law Firm, PLLC of Washington, D.C. filed a class action suit against the State of Minnesota seeking refunds on all tickets issued to interstate motor carriers and drivers prior to August 1, 2009.  The suit, filed on behalf of the Owner Operator Independent Drivers Association, Inc. (OOIDA) and five individuals, also seeks to expunge such citations from motor carrier and driver records.  OOIDA’s suit charges that the State of Minnesota never adopted the Federal Motor Carrier Safety Administration’s (FMCSA) motor carrier safety regulations into state law and that the U.S. Department of Transportation never authorized Minnesota to enforce federal regulations.

Paul D. Cullen, Sr., lead counsel for the Plaintiffs, noted that, prior to August 1, 2009, “there were no motor carrier safety regulations in existence that officers of the Minnesota State Patrol were authorized to enforce against interstate motor carriers or their drivers.”  According to Cullen, the State of Minnesota finally got around to incorporating federal motor carrier safety regulations into state law effective August 1, 2009.  Documents obtained from FMCSA under the Freedom of Information Act support OOIDA’s charge that Minnesota had not adopted safety regulations of its own and was not authorized to enforce federal regulations according to Mr. Cullen.  In April 2008, FMCSA told Minnesota to adopt regulations of its own.  According to Mr. Cullen, failure to do so would risk loss of federal funds under the Motor Carrier Safety Assistance Program (MCSAP).

The complaint, filed with the Fourth Judicial District of Minnesota (Hennepin County), charges that unauthorized citations and out of service orders issued by officers of the Minnesota State Patrol prior to August 1, 2009 deprived both drivers and interstate motor carriers of their rights to due process of law under both the United States and Minnesota constitutions.  The suit seeks damages against Minnesota officials under 42 U.S.C. § 1983 and restitution by the State of Minnesota of fines paid. 

In addition to the State of Minnesota, OOIDA’s complaint names four officials as defendants both individually and in their official capacities:  Michael Campion, Commissioner of the Minnesota Department of Public Safety; Mark Dunaski, Chief of the Minnesota State Patrol; Ken Urquhart, Commander of the Commercial Vehicle Division of the Minnesota State Patrol; and Tom Hanson, Minnesota Department of Management and Budget.  In addition to OOIDA, the suit names four drivers and one motor carrier as plaintiffs. 

For further information, contact Paul D. Cullen, Sr. at pdc@cullenlaw.com, (202) 944-8600. 

The Cullen Law Firm is a litigation and appellate law firm based in Washington, D.C. focused on federal regulatory matters, transportation, consumer protection, federal contracting fraud and whistle blower law.