Stop Indiana From Court Ordering Truck Drivers to Violate D.O.T. Laws
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PUT AN END TO INDIANA COURT ORDERING TRUCK DRIVERS TO VIOLATE DOT LAWS/ JEPORDIZING THE SAFETY OF EVERYONE ON OUR HIGHWAYS.
WHAT INDIANA IS DOING, THAT EFFECTS YOUR SAFETY:
The following effects the safety of everyone who drives on our highways, as over the road truck drivers, travel throughout all the states. Thus, Indianas court ordering truck drivers to violate DOT laws, effects everyone.
In doing legal research on an Indiana child support case, I found that it was common place for Indiana courts, to issue child support orders, in violation of DOT laws. In other words, it is not uncommon for Indiana truck drivers to be in possession of Indiana support orders, which force them to drive 50-100 hours a week IN VIOLATION OF DOT lawsand chances are high, that you will share the road with one of these drivers, at some point, during your travels.
During a November 2005 hearing, in the Porter County Superior Court, a truck driver testified to the dangers of Indiana court ordering truck drivers to violate DOT laws. The judge in turn stated on the record that the laws (support/DOT) did not apply to a truck driver. She is currently considering court ordering this truck driver to drive 36 hours straight, plus another 90 hours throughout the weekalthough federal DOT laws state that a truck driver may not drive/be on duty more than 11 hours per dayor 55/60 hours per week.
Why is Indiana so willing to jeopardize your safety? In 1989, the state of Indiana passed into law, the Indiana Child Support Guidelines (http://www.in.gov/judiciary/rules/child_support/child_support.pdf).
These laws clearly state that support orders must comply with state/federal lawsand thus state/federal DOT laws (Page 3 of the ICSG). Additionally, Page 12 of the ICSG state that support is not to be based on overtime (hours worked over 40 hours in a pay period). However, truck drivers in Indiana routinely are court ordered to drive in violation of DOT laws, and more than 100 hours per weekbecause the ICSG are not adhered to by Indiana courts/judges.
Instead of judges/courts, or the Indiana child support agencies calculating child support orders, the state of Indiana has given the authority of calculating support orders, to the attorney representing the parent requesting child support. The minute an attorney calculates the child support for a truck driver, the state of Indiana considers the support order to be an agreed orderand claims that the support order does not have to comply with the ICSGor federal DOT laws. However, this is a misinterpretation of the ICSG, as page 6 of the ICSG state that agreed support orders must abide by the ICSGand thus federal DOT laws. Incidentally, state laws (and thus court orders) can at no time supercede federal lawsas is the case with Indiana support orders, for truck drivers, which violate DOT laws.
In talking with an aide of one of Indianas legislators last week, we guesstimated, that thousands of Indiana truck drivers, are court ordered by Indiana courts to violate DOT laws PER YEARunder this current system. The only way to put a stop to this: 1) Auditing all Indiana support orders, issued to truck drivers, and recalculating them so they are within the ICSG and DOT laws; 2) Insuring that the ICSG are applied in all support cases, as was the intention of the law, by allowing only the Indiana support agencies to calculate support orders (as is done in all other states)instead of attorneys.
Its that simple. If the state of Indiana puts a stop to attorneys miscalculating support orders, and issuing support orders in violation of DOT laws, this problem with Indiana jeopardizing the safety of everyone on the highways, stops.and lives can be saved.
Why won't Indiana put a stop to support orders in violation of DOT laws...and thus insure your safety? During the past two years that I have been working on this case, I have contacted numerous Indiana state agenciesand state legislators, regarding Indiana courts, court ordering truck drivers to violate federal DOT laws. Every time I have talked with an official, no one has been surprised that Indiana truck drivers are in possession of court orders, which are forcing them to violate DOT laws. Instead, Indiana state officials have become irate with me, for figuring out the flaw in the current system.
As an attorney from the state Indiana support agency, in Indy told me, so whatlike DOT is going to even think about taking a look at the support order, regarding my question: So what happens if a truck driver, with an Indiana support order in violation of DOT law is involved in an accident/fatality? Wont DOT and the attorneys be all over the state of Indiana?
In other words, the state of Indiana knows they are forcing truck drivers to violate DOT lawsand that in the process, they are jeopardizing your safetyand the safety of everyone on the highwaybut they dont care. As long as youor DOT dont figure out to subpoena the truck drivers illegal Indiana support order, in the event of an accident, another life means nothing to the state of Indiana.
With this mentality, your life costs the state of Indiana nothingand after the numerous conversations with Indiana state officials this is what they are banking on. From Indianas standpoint, why should they endure the cost of auditing truck drivers support orders and putting the Indiana support agencies in charge of calculating support orders? That would cost Indiana money. On the other hand, so what if an Indiana truck driver, court ordered by the state of Indiana plows into your, or a family member, and injures/kills, you/them? It costs the state of Indiana nothingbecause they are banking on you and DOT not subpoenaing the drivers support order.
Incidentally, on the average, Indiana truck drivers pay three to four times more in child support, than other parents, in Indiana. So the state of Indiana is court ordering truck drivers to violate DOT laws/jeopardize your life for..?
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Governor Daniels (Indiana)
Indiana State Representative Duane Cheney
PUT AN END TO INDIANA COURT ORDERING TRUCK DRIVERS TO VIOLATE DOT LAWS/ JEPORDIZING THE SAFETY OF EVERYONE ON OUR HIGHWAYS.
It has come to my attention, that the state of Indiana routinely issues support orders to truck drivers, which are in violation of DOT laws and the Indiana Child Support Laws. Although Indiana government officials are aware of this, they refuse to take action, in order to prevent a tragedy of truck drivers driving while exhausted/in violation of DOT lawsand thus to protect my safety. Thus, in order to make their support payments, truck drivers must violate DOT laws and in the process jeopardize my safety and the safety of everyone on the highwayin every state they travel.
I am requesting that when the Indiana House convenes in January 2006, that a bill be introduced to strengthen the current Indiana Child Support Guidelinesand to protect my safety, and the safety of everyone who shares the road with Indiana truck drivers.
1) An audit of all Indiana support orders held by truck drivers.
2) Support orders held by truck drivers recalculated, so they are in compliance with state/federal DOT laws.
3) No longer allow attorneys to calculate/miscalculate support orders.
4) Fine attorneys who have previously miscalculated support orders for truck drivers, which are in violation of DOT laws:
A) Portion of fines to be used for the costs of auditing truck drivers support orders, under this bill.
B) Portion of fines to be distributed to motorists/their survivors, who have been injured/killed in a semi truck accident, in which a truck driver was in possession of an Indiana support order in violation of DOT law.
5) Place the Indiana child support agencies, in each of Indianas Superior Courts, in charge of calculating ALL child support orders, within the ICSG. Under the current system, the only role of the states /countys support agencies, is to process child support payments.
A) Raise the Annual Support Processing Fees on support payments from $20.00 per year, to $3.00 per week, towards the cost of a child support specialist in each support agency.
B) Instead of parents paying attorney, for an attorney to calculate child support, the parent would pay a fee to the court, to calculate support orders. This fee would be applied to the cost of a support specialist.
6) Support specialists who calculate support orders for truck drivers, must be knowledgeable/ certified in DOT laws.
A) Will require that support orders and support order worksheets list the parents occupation, to insure DOT laws are adhered to in calculating support orders for truck drivers.
B) Will require that a copy of the parents CDL license be attached to both the support order worksheet and support order.
C) Will require that during the support hearing, that it be placed on the record, that the support order is for a truck driver, and is in compliance with state/federal DOT laws.
D) Will submit to the Indiana DOT office, support orders held by truck drivers, to insure they are within compliance with DOT laws.
In the meantime, if Ior a family member/friendare involved in an accident/fatality involving an Indiana truck driver, I will request that both DOT and my attorney subpoena the drivers Indiana support order. If the drivers support order is found to be in violation of federal DOT laws, I/my family will hold the state of Indiana civilly/ legally responsible.
Sincerely, The Undersigned
WHAT INDIANA IS DOING, THAT EFFECTS YOUR SAFETY:
The following effects the safety of everyone who drives on our highways, as over the road truck drivers, travel throughout all the states. Thus, Indianas court ordering truck drivers to violate DOT laws, effects everyone.
In doing legal research on an Indiana child support case, I found that it was common place for Indiana courts, to issue child support orders, in violation of DOT laws. In other words, it is not uncommon for Indiana truck drivers to be in possession of Indiana support orders, which force them to drive 50-100 hours a week IN VIOLATION OF DOT lawsand chances are high, that you will share the road with one of these drivers, at some point, during your travels.
During a November 2005 hearing, in the Porter County Superior Court, a truck driver testified to the dangers of Indiana court ordering truck drivers to violate DOT laws. The judge in turn stated on the record that the laws (support/DOT) did not apply to a truck driver. She is currently considering court ordering this truck driver to drive 36 hours straight, plus another 90 hours throughout the weekalthough federal DOT laws state that a truck driver may not drive/be on duty more than 11 hours per dayor 55/60 hours per week.
Why is Indiana so willing to jeopardize your safety? In 1989, the state of Indiana passed into law, the Indiana Child Support Guidelines (http://www.in.gov/judiciary/rules/child_support/child_support.pdf).
These laws clearly state that support orders must comply with state/federal lawsand thus state/federal DOT laws (Page 3 of the ICSG). Additionally, Page 12 of the ICSG state that support is not to be based on overtime (hours worked over 40 hours in a pay period). However, truck drivers in Indiana routinely are court ordered to drive in violation of DOT laws, and more than 100 hours per weekbecause the ICSG are not adhered to by Indiana courts/judges.
Instead of judges/courts, or the Indiana child support agencies calculating child support orders, the state of Indiana has given the authority of calculating support orders, to the attorney representing the parent requesting child support. The minute an attorney calculates the child support for a truck driver, the state of Indiana considers the support order to be an agreed orderand claims that the support order does not have to comply with the ICSGor federal DOT laws. However, this is a misinterpretation of the ICSG, as page 6 of the ICSG state that agreed support orders must abide by the ICSGand thus federal DOT laws. Incidentally, state laws (and thus court orders) can at no time supercede federal lawsas is the case with Indiana support orders, for truck drivers, which violate DOT laws.
In talking with an aide of one of Indianas legislators last week, we guesstimated, that thousands of Indiana truck drivers, are court ordered by Indiana courts to violate DOT laws PER YEARunder this current system. The only way to put a stop to this: 1) Auditing all Indiana support orders, issued to truck drivers, and recalculating them so they are within the ICSG and DOT laws; 2) Insuring that the ICSG are applied in all support cases, as was the intention of the law, by allowing only the Indiana support agencies to calculate support orders (as is done in all other states)instead of attorneys.
Its that simple. If the state of Indiana puts a stop to attorneys miscalculating support orders, and issuing support orders in violation of DOT laws, this problem with Indiana jeopardizing the safety of everyone on the highways, stops.and lives can be saved.
Why won't Indiana put a stop to support orders in violation of DOT laws...and thus insure your safety? During the past two years that I have been working on this case, I have contacted numerous Indiana state agenciesand state legislators, regarding Indiana courts, court ordering truck drivers to violate federal DOT laws. Every time I have talked with an official, no one has been surprised that Indiana truck drivers are in possession of court orders, which are forcing them to violate DOT laws. Instead, Indiana state officials have become irate with me, for figuring out the flaw in the current system.
As an attorney from the state Indiana support agency, in Indy told me, so whatlike DOT is going to even think about taking a look at the support order, regarding my question: So what happens if a truck driver, with an Indiana support order in violation of DOT law is involved in an accident/fatality? Wont DOT and the attorneys be all over the state of Indiana?
In other words, the state of Indiana knows they are forcing truck drivers to violate DOT lawsand that in the process, they are jeopardizing your safetyand the safety of everyone on the highwaybut they dont care. As long as youor DOT dont figure out to subpoena the truck drivers illegal Indiana support order, in the event of an accident, another life means nothing to the state of Indiana.
With this mentality, your life costs the state of Indiana nothingand after the numerous conversations with Indiana state officials this is what they are banking on. From Indianas standpoint, why should they endure the cost of auditing truck drivers support orders and putting the Indiana support agencies in charge of calculating support orders? That would cost Indiana money. On the other hand, so what if an Indiana truck driver, court ordered by the state of Indiana plows into your, or a family member, and injures/kills, you/them? It costs the state of Indiana nothingbecause they are banking on you and DOT not subpoenaing the drivers support order.
Incidentally, on the average, Indiana truck drivers pay three to four times more in child support, than other parents, in Indiana. So the state of Indiana is court ordering truck drivers to violate DOT laws/jeopardize your life for..?
******************************************
******************************************
Governor Daniels (Indiana)
Indiana State Representative Duane Cheney
PUT AN END TO INDIANA COURT ORDERING TRUCK DRIVERS TO VIOLATE DOT LAWS/ JEPORDIZING THE SAFETY OF EVERYONE ON OUR HIGHWAYS.
It has come to my attention, that the state of Indiana routinely issues support orders to truck drivers, which are in violation of DOT laws and the Indiana Child Support Laws. Although Indiana government officials are aware of this, they refuse to take action, in order to prevent a tragedy of truck drivers driving while exhausted/in violation of DOT lawsand thus to protect my safety. Thus, in order to make their support payments, truck drivers must violate DOT laws and in the process jeopardize my safety and the safety of everyone on the highwayin every state they travel.
I am requesting that when the Indiana House convenes in January 2006, that a bill be introduced to strengthen the current Indiana Child Support Guidelinesand to protect my safety, and the safety of everyone who shares the road with Indiana truck drivers.
1) An audit of all Indiana support orders held by truck drivers.
2) Support orders held by truck drivers recalculated, so they are in compliance with state/federal DOT laws.
3) No longer allow attorneys to calculate/miscalculate support orders.
4) Fine attorneys who have previously miscalculated support orders for truck drivers, which are in violation of DOT laws:
A) Portion of fines to be used for the costs of auditing truck drivers support orders, under this bill.
B) Portion of fines to be distributed to motorists/their survivors, who have been injured/killed in a semi truck accident, in which a truck driver was in possession of an Indiana support order in violation of DOT law.
5) Place the Indiana child support agencies, in each of Indianas Superior Courts, in charge of calculating ALL child support orders, within the ICSG. Under the current system, the only role of the states /countys support agencies, is to process child support payments.
A) Raise the Annual Support Processing Fees on support payments from $20.00 per year, to $3.00 per week, towards the cost of a child support specialist in each support agency.
B) Instead of parents paying attorney, for an attorney to calculate child support, the parent would pay a fee to the court, to calculate support orders. This fee would be applied to the cost of a support specialist.
6) Support specialists who calculate support orders for truck drivers, must be knowledgeable/ certified in DOT laws.
A) Will require that support orders and support order worksheets list the parents occupation, to insure DOT laws are adhered to in calculating support orders for truck drivers.
B) Will require that a copy of the parents CDL license be attached to both the support order worksheet and support order.
C) Will require that during the support hearing, that it be placed on the record, that the support order is for a truck driver, and is in compliance with state/federal DOT laws.
D) Will submit to the Indiana DOT office, support orders held by truck drivers, to insure they are within compliance with DOT laws.
In the meantime, if Ior a family member/friendare involved in an accident/fatality involving an Indiana truck driver, I will request that both DOT and my attorney subpoena the drivers Indiana support order. If the drivers support order is found to be in violation of federal DOT laws, I/my family will hold the state of Indiana civilly/ legally responsible.
Sincerely, The Undersigned
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Goal: 50
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By:
Norma Stephens
In:
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Petition target:
Governor Daniels (IN); Senator Richard Lugar (IN); Representative Duane Cheney (IN)
Governor Daniels (IN); Senator Richard Lugar (IN); Representative Duane Cheney (IN)
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