A shocking chain of events has led a Florida Highwy Patrol Spokesman to claim in writing that the law enforcement agency can demand ID from people at checkpoints without probable cause because it wouldn't amount to a substancial interruption. The claim is completely unsubstanciated legally, and the issue of compulsory ID was decided in the U.S. Supreme Court decades ago in Brown v. Texas, with prohibitions on such stops clearly spelled out. In response to a query, Florida Highway Patrol Public Affairs Lt. Jeff Frost claimed something that even the most flagrant violators of liberties would be ashamed to admit- he claimed that it is their policy to wake up and check the ID of every sleeping truck driver who goes through the scale. For anyone out there who might be confused, that is insane lunacy and 100% illegal according to both state and federal law, and is a blatant violation of the 4th Amendment. There is no city, county, state or federal law which allows cops to demand warrantless wake-ups, ID checks, or logbooks checks of off duty truckers.
The U.S. Department of Transportation Federal Motor Carrier Safety Administration (FMCSA) Hours of service of drivers Section 395.1 Scope of rules very plainly points out that the driver must sleep uniterrupted for 10 hours.
Being forced out of the sleeper at the demand of some cop is not only an illegal demand, but would interupt your ten hours, forcing you to start all over again. A driver's shift can last 14 hours, eleven of it driving. As a matter of fact, starting July 1st, even more restrictive federal rules are going into place for drivers under the guise of 'safety,' forcing them to take a 30 minute break after only 8 hours of driving. Do you see how insane these cops are, always insisting that they can wake truckers up with impunity whenever they want, while the very agencies that govern sleep laws are putting more rules into place so that driver's arent tired.
There have been many high profile accidents in which people have been injured and killed by sleepy truck drivers. The National Sleep Foundation points out that "Commercial truck drivers are especially susceptible to drowsy driving. A congressionally mandated study of 80 long-haul truck drivers in the United States and Canada found that drivers averaged less than 5 hours of sleep per day. (Federal Motor Carrier Safety Administration, 1996) It is no surprise then that the National Transportation Safety Board (NTSB) reported that drowsy driving was probably the cause of more than half of crashes leading to a truck driver's death. (NTSB, 1990a,b) For each truck driver fatality, another three to four people are killed. (NHTSA, 1994)."
Just last summer, the Florida Legislature designated the first week of September every year as Drowsy Driving Prevention Week, proclaiming "DROWSY DRIVING IS DANGEROUS DRIVING!" This was enacted in memory of a little girl killed by a truck driver who had fallen asleep at the wheel and hit a schoolbus. Do you think that truck driver had been woken up by Jeff Frost and his henchmen? The dramatic Florida legislature press release stated, in part, "A study by the National Highway Traffic Safety Administration found 37 percent of Americans admitted to falling asleep behind the wheel. Sleepiness slows reaction time, decreases awareness, impairs judgment and increases the risk of crashing. "Being alert behind the wheel is critical to highway safety,"� said DHSMV Executive Director Julie L. Jones. "Studies show the fatality rate is higher for crashes where a driver falls asleep." "It is important for everyone behind the wheel to understand the dangers of drowsy driving," said FDOT Secretary Ananth Prasad. "Making the decision to pull into a rest area when fatigued can save lives." The sponsor of the bill designating the week, Rep. Alan Williams, District 8, said, "Drowsy driving can be just as dangerous as drunk driving. We must do all we can to raise awareness of the dangers of driving drowsy to help save lives." Williams sponsored the bill in memory of 8-year-old Ronshay Dugans, who was killed in 2008 when her bus was hit by a driver of a cement truck who fell asleep at the wheel. Ronshay Dugan's aunt, Josie West, said she thinks of Ronshay every day and hopes the week prompts people to think about their level of alertness before getting behind the wheel. "Ronshay was gone in an instant when the drowsy truck driver nodded off. His decision to drive while extremely tired tragically took her life." [ARTICLE CONTINUES HERE