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Trucker's Right to Sleep and the 4th Amendment

  • Broadcast in Legal
Aubrey Allen Smith

Aubrey Allen Smith


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Discussion will include the paradox between Hours of Service, Truck Driver Fatigue, and  waking up of professional drivers by law enforcement during their FMCSA mandatory 10 hour break period.

As The FMCSA continues to strive for greater highway safety within the trucking industry, many times by the addition of new rules and regulations, the main focus in combating truck driver fatigue should be allowing drivers to sleep when tired. According to the 2013 Truck Parking Survey results, drivers reported that their rest was being interrupted by state law officials on a regular basis.

Our guests are Kenny Capell, and Martin Hill, founder of the Don't Wake Me Up Organization. Having been awaken from the sleeper berth at a Georgia scale by LE officials demanding to see his ID, Mr. Capell stood by the 4th Amendment,and refused. Filing a 42 U.S.C. Section 1983 Federal Civil Rights lawsuit against the troopers, he has a court date set for August 11th, 2014.

Mr. Capell and Mr. Hill will share the full story and why they believe it to be a direct violation of trucker's rights.