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Are Postal Workers Immune to Traffic Regulations? One Lawyer Thinks So

Feb. 3, 2013 1:15pm Mytheos Holt

The United States Postal Service might not be the most legally dubious of institutions, but the actions of one of its lawyers may have more than a few of its patrons going postal.

Apparently, the city of East Cleveland, Ohio has a particularly large problem with its Postal Service drivers — specifically, that those drivers are less than model citizens when it comes to traffic laws. In fact, the drivers in question have reportedly racked up more than $700 in traffic tickets. So when the city of East Cleveland came to collect, you would think the Postal Service would pony up without complaints.

Enter Jennifer Breslin, a lawyer with the USPS, who sent the following letter to the city of East Cleveland as a response. The gist of it? “We don’t have to pay you anything because your laws don’t apply to us.”

Yahoo News reports on the response:

“In providing mail service across the country, the Postal Service attempts to work within local and state laws and regulations, when feasible,” wrote Breslin, after reminding “To Whom It May Concern” that postal workers promptly deliver over 200 billion pieces of mail annually.

“However, as you are probably aware, the Postal Service enjoys federal immunity from state and local regulation,” she continued.

That last bit did not go over well with American Traffic Solutions (ATS), the Arizona-based company that enforces East Cleveland’s camera citations.

“By attempting to hide behind an immunity claim, you are aiding and abetting your drivers in their blatant disregard for the traffic laws in East Cleveland, which have endangered other drivers, pedestrians and school children,” ATS attorney George Hittner wrote in his three-page response to Breslin, who received it on Thursday. (He also cc’d the postmaster general, two U.S. representatives and two senators.)

Hittner cited the Postal Service’s own safety manual and case law to point out that postal truck drivers should and have been held accountable. He also gave a few examples where the driving habits of carriers resulted in well-publicized legal consequences.

You can read Hittner’s full response to Breslin here.

Needless to say, Breslin’s original assertion carries dubious weight. Fortunately, Hittner’s response manages to point out the reason for its being ridiculed quite capably in its second paragraph.

“To begin, we must admit our surprise upon reading your letter,” Hittner begins. “Please understand that as a photo traffic safety company we have grown accustomed to receiving letters from citizens and entities asserting traffic laws do not apply to them.”

“However,” Hittner continues, “we never expected to receive such a letter from the USPS.”

And for those who are wondering what the basis for Breslin’s claim is, the answer may provoke yet more derision. The reason the USPS is allegedly immune to local traffic laws is, according to one of its own lawyers, executive privilege.

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Comments (51)

Vietvet1
Posted on February 4, 2013 at 6:56am
This is old and on the books in case law. I was a Grievence man and represented a Postal Carrier in disipline he got for parking behind some cars in a parking lot while making his deliveries at the business…a matter of a minute or so. He happened to park his vehicle behind our County’s Chief Judge…there to buy a newspaper… When the carrier came out, the judge demanded his name and took the number of the vehicle.

The carrier was reprimanded by the Postmaster and the incident put in his record. I found the case law and presented it to the board and they immediately removed this from his record and, I informed the Judge of this procedure. He was pissed but he looked at the law file…nuff said.

Postal Vehicles are ALLOWED to park in the course of making an immediate delivery, in places not allowed …other than blocking intersections and emergency entrances or exits. All other , fair game. My son is a State Trooper and I gave him this info and he passed it to the Barracks Commander… It is LAW. Now…the act of parking does NOT allow for extended periods of time… just quick delivery. Even UPS/Fed Ex trucks are given leaway to double park to do that.

A postal vehicle does not require a license plate ot inspection from the State. The only thing required is a number decaled on the vehicle. They are also Self Insured.

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- jumpintothefray
  Posted on February 4, 2013 at 10:42am
  Parking is one thing – running a red light or blasting through a school zone is completely different. When I drove a GSA vehicle as part of my duties as a Navy recruiter, not only was I bound to obey traffic regulations (and had to pay for my own speeding ticket when I got one), but violations could also land me in trouble with the UCMJ. No federal, state or local government “official” should be placed above the law. If anything they should be held to a higher standard.
  
  Report this comment
- Vietvet1
  Posted on February 4, 2013 at 12:59pm
  Jump….
  
  However this is on the books is what it covers… I never saw anyone USPS “running a red light or blasting through a school zone” . Did I miss that part in this report or…were all of the violations more of a non moving nature ? Double parking or in a no parking zone or incidences like that are what was intended…not speeding and disregard of traffic signals. It was meant only in the execution of their duty which is…DELIVERY. Safety is another issue altogether. Again… the laws are on the books and do extend freedoms that most do NOT have. If this is an issue with that city…then I am sure there is a venue to attempt to take care of it other than forums. I am sure it has been attempted before and has, after investigation, been found to stand as is. If you don’t like the law…change it. Ball is in YOUR court.
  
  Report this comment
- Vietvet1
  Posted on February 4, 2013 at 1:12pm
  Maybe this is more of the driver being the one responsible for the infractions and not the USPS. If there was an accident caused by an individual… the onerous is on the employee. He/She gets the fine and points. Can you set the blame on the USPS if an employee decides to rob someone….???? not sure the USPS is at fault. It was the individual. That being said… anyone can be sued.It just takes longer in some instances. I don’t know the whole story on these cases…
  
  Report this comment
- Kevin
  Posted on February 4, 2013 at 1:15pm
  @Vietvet1
  Since the lawyer that replied to the USPS represents a traffic cam operator, I would assume that these violations had absolutely nothing to do with parking and everything to do with moving violations. I would guess running red lights and/or speeding.
  
  Report this comment
media-bias-steals-elections
Posted on February 4, 2013 at 5:13am
That’s a bunch of man cow?

Where does it say delivering a postal item in the US Constitution supercedes any other law?
The law creating that organization does one thing, authorizes the creation of the organization, period.
The Executive Branch enforces the law, it does not create the law, therefore it has to obey the law.
No package is worth the safety of other citizens to have it delivered?

The Executive Branch should be further prohibited from creating any new agencies if this is going to be the way you surrender your civil rights, its just a matter of time before the Executive Branch wipes them out, if this is how you are will to surrender them?

You people actually pay your school kid teachers benefits not available in the private sector?

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- rsxfan
  Posted on February 4, 2013 at 6:53am
  Holy cow people have gone stupid. Why is this even news? Heck it was even part of my drivers ed class 30 years ago. Example question “Four vehicles arrive at the same time at a four way stop. A police car, an ambulance, a firetruck, and a US Postal vehicle. Which vehicle has the right of way?” Answer: The US Postal Vehicle.
  
  This isn’t anything new. The site is just playing off the ignorance of it’s readers to get a reaction.
  
  Report this comment
B-Neil
Posted on February 3, 2013 at 8:08pm
Home Land Security, TSA and the Post Office, Good start to the Army Obama wants, to lead by Pennetta. Now all he needs are the brown shirts made in China and the 70,000 Ar-15s ordered by Home Land Security. Sit back relax and wait for the nock on the door.

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sbenard
Posted on February 3, 2013 at 7:18pm
I live across the street from the local post office. The speed limit is 25. The postal trucks often drive closer to 50 mph — at 3 am in the morning! They are coming and going with their noisy diesel engines, opening and shutting their big roll-up doors, literally 24 hrs a day! I say give ‘em tickets and make ‘em stick!

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- TRK
  Posted on February 4, 2013 at 7:08pm
  Many of the trucks hauling mail to and from Post Offices are owned and operated by private contractors.
  
  Report this comment
South Philly Boy
Posted on February 3, 2013 at 7:15pm
Hey wait a minute… I thought only the POLITICIANS were EXEMPT

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Chromo200
Posted on February 3, 2013 at 5:53pm
What about the agencies and departments .. like the Department of Agriculture, or Secret Service, or members of the administration .. I figure you work for the federal gov’t you should be immune to all laws and can run amok and do what you want. .. Oops they do so now anyway.

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battles
Posted on February 3, 2013 at 5:11pm
Next they will claim that they are not liable when a postmen runs a red light and kills someone.

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DZ-015
Posted on February 3, 2013 at 4:52pm
Don’t USPS employees have to have state issued driver’s licenses to drive on roads in the performance of their duties? Then they are subject to the traffic laws of the state they are driving in. If a state allows for traffic camera evidence to convict someone of a traffic offense, and an identifiable driver in a violation photo fails to show up in court, then they can be convicted in absentia and the failure to pay the fine can lead to a revocation of driving privileges. The problem arises when the driver cannot be identified, so the state goes after the owner of the vehicle. There is where the issue of immunity can arise. If the USPS is refusing to identify the drivers at issue, then the state could subpoena records to make the determination. I don’t think the state can force the USPS to pay a fine if it cooperates in the identification process, to no avail.

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vavoom
Posted on February 3, 2013 at 4:19pm
I can think of 1traffic rule they better not violate or the penalty will be paid instantly. Try going around railroad Xing gates while down! As Sheldon would say BUZINGA!

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RDYSTGO
Posted on February 3, 2013 at 4:02pm
I don’t know what postal workers are doing these days but it seems like state troopers, deputies, city police and border patrol can drive at least 20 miles over the speed limit and no one says a word.

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- sasquatch08
  Posted on February 3, 2013 at 5:27pm
  I’ve noticed that too, when I asked them about it they said it was to catch speeders. BS!
  
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- freedom4ever
  Posted on February 3, 2013 at 7:00pm
  Cop hit my mom and she had to pay for everything! City law that said they don’t have to pay – the cop was on either phone or computer and ran a red light! She had to pay for everything. Now we have to worry about the post office!!!
  
  Report this comment
RebelsYell
Posted on February 3, 2013 at 4:00pm
I am the telephone repairman that works for one of the largest telecommunications providers in the country. With that being said I am in my service truck more hours a day than the typical letter carrier. My question: Why aren’t and why shouldn’t the individual driver be held accountable for, cited and imposed upon, a traffic citation that includes a fine compensatory to said violation? The vehicle that was involved with the incident didn’t do it by itself, it had to have a driver, no matter who owns it or what logo is on the side. All the company is responsible for is insurance and vehicle maintenance records. Whether the driver committed the offense during their tour of duty and in the scope of their job description is irrelevant, as well it should be. Every year we are required to take a driver refresher course, (whether we need it or not). Each vehicle is assigned to a specific driver, either long term/permanent or short term/temporary(ie. daily,weekly, monthly). Each driver is responsible(keyword) for the safe operation of the company vehicle. That is required for continued employment! (Can you hear me now)?

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TRK
Posted on February 3, 2013 at 3:43pm
I have been a rural carrier with the Postal Service for 23 years and I have never heard the claim made that Postal drivers are immune to traffic laws, in fact it has always been made clear to us that the opposite was true, we are to fully obey all traffic laws or be subject to discipline. As far as the claims by some posters here about unsafe driving by Postal employees I can only speak for myself when I say that I have to be the safest and most defensive driver on the road when delivering mail. I have an amber strobe light on my vehicle and make sure my tail lights are always clear and still have people almost rear end me when pulling off to make a delivery or fly by so close and fast that it rocks my jeep. I dont pull out from a stop sign or out from a mailbox until there will be no one behind me when I need to pull off again. I look, look and look again before pulling out.Yes there are carriers who are unsafe drivers but they are running on borrowed time. It will catch up with them sooner or later. As with all unsafe drivers hopefully no one else gets hurt by their negligence.

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- RANGER1965
  Posted on February 3, 2013 at 4:29pm
  Postal Workers, while doing their job, in a postal vehicle, can be ticketed, but the fine is not paid.
  
  The postal worker may be disciplined by the postal service, and even fired, but the postal service is immune to fines by local government.
  
  Report this comment
- termyt
  Posted on February 4, 2013 at 10:32am
  It lends itself to the ideal that the post is an extremely important function – the reason the federal gov took up the cause over a century ago. Thus, the postal carriers need to be free to do their jobs clear of local gov interference – such as levying fines or taxes that might impede and even make timely mail delivery impossible.
  
  The intent of the regulation is not to allow them to run amok and ignore traffic safety, but the letter of the law gives them, and other federal agents, immunity from local laws.
  
  And on the other side of the coin – do we really want our government fining and even suing itself? The camera company is just PO’ed that it is losing its cut of the fine. Ticketing mail trucks does none of us any good. If a driver is a serious violator of safety, he can be fired.
  
  Report this comment
RANGER1965
Posted on February 3, 2013 at 3:11pm
The author of the story likely just didn’t know, (Mytheos Holt).

I can tell with the headline that his/her idea was to kinda make a joke of it. “Ha ha, look at this one stupid lawyer that thinks the Postal Service is immune…hahaha”

Except, the joke’s on Cleveland. The Postal Service really is immune. Has been for as long as I can remember.

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- Bodacious_Boedi
  Posted on February 3, 2013 at 3:19pm
  Yep, Ranger, those are federal vehicles on federal business! Nauseating but true.
  
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- Thors Hammer
  Posted on February 3, 2013 at 4:07pm
  Then I’m sure you’re also exempt from the law of gravity, so you can just soar down your route without touching the ground. Great! Saves on gas and shoe leather. Please!
  
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- RANGER1965
  Posted on February 3, 2013 at 4:26pm
  @THORS HAMMER
  
  I didn’t make the rules Thor. It might not be right, but it is the current reality.
  
  Let’s put it this way. That bill isn’t going to get paid. Cleveland isn’t gonna sue the Postal Service. It made a cute story, and that’s it.
  
  Report this comment
- neidermeyer
  Posted on February 3, 2013 at 4:38pm
  NEGATIVE RANGER DUDE! , Those postal employees have state drivers licenses and must obey traffic laws , You are correct if you are saying the USPS needn’t pay the fine , the individual drivers need to be identified by the USPS and THEY must pay the fine ..
  
  THEY AREN’T EMERGENCY VEHICLES RESPONDING TO A CALL.
  
  Report this comment
- RabidPatriot
  Posted on February 3, 2013 at 4:48pm
  I have written traffic citations to USPS carriers and they paid them. They are in Federal vehicles, but they are using State, County, and Municipal roadways and they are not immune from state and local laws. They are allowed to stop on roadways to conduct there business, but if they do something like driving on the wrong side of the road and cause a collision, they get a big fat ticket. Just like everyone else.
  
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- RANGER1965
  Posted on February 3, 2013 at 5:15pm
  @NEIDERMYER
  
  “You are correct if you are saying the USPS needn’t pay the fine.”
  
  That’s what I’m saying and they won’t.
  
  But here’s the second wrinkle in your theory. The private traffic camera company, nor the city of Cleveland has any authority to order the postal service to release names. They simply don’t have to do it. These tickets were not a police officer stopping a vehicle, they were traffic camera’s, and no one was identified.
  
  Furthur, there is no legal system in place to change liability from the postal service to the employee. That was the response from David Allen the regional spokesman for the postal service.
  
  Report this comment
- Allbiz
  Posted on February 3, 2013 at 6:02pm
  Dude, you really need to go sit down.
  
  When Federal employees have failed to comply with local traffic
  regulations, the courts have generally applied the test of whether
  noncompliance was essential to the performance of their duties.
  
  Thus, in Commonwealth v. Closson, 229 Mass. 329, 118 N.E. 653 (1918),
  it was held that a mail carrier is subject to the rules and
  regulations made by the street and park commissioners requiring a
  traveller to drive on the right side of the road and in turning. In
  United States v. Hart, 26 Fed. Cas. 193, No. 15,316 (C.C.D.Pa.,
  18107), it was held that an act of Congress prohibiting the stopping
  of the mail is not to be so construed as to prevent the arrest of the
  driver of a mail carriage when he is driving through a crowded city
  at such a rate as to endanger the lives of the inhabitants. In Hall
  v. Commonwealth, 129 Va. 738, 105 S.E. 551 (1921), it was held that
  the driver of a postal truck must comply with the State’s speed laws.
  The court emphasized that no time schedules had been established by
  the Post Office Department which would require excessive speed.
  
  That a Federal employee is not immune from arrest for
  noncompliance with State traffic regulation where performance of his
  duties did not necessitate such noncompliance
  is well illustrated by the following excerpt from the opinion of
  court in Oklahoma v. Willingham, 143 F.Supp. 445 (E.D.Okla., 1956,
  
  There are 100′s more examples that you are wrong.
  
  Report this comment
- RANGER1965
  Posted on February 3, 2013 at 11:05pm
  *sigh*
  
  (1) The federal workers were not identified because the issue here is a traffic camera. Not a police officer giving a ticket to a federal worker. Therefore there is a picture of a postal truck/vehicle breaking the law.
  
  (2) The United Postal Service is IMMUNE…to fines.
  
  (3) Unless the United Postal Service chooses to indentify the workers, or is compelled too by a federal judge. Then these workers will stay unidentified.
  
  (4) According to David Allen the regional spokesman for the United Postal Service, there is no legal system for the Postal Service to transfer liability from the postal service to the employees.
  
  **Therefore it stands to reason that the fine will not be paid.**
  
  What’s so hard to understand about this?
  
  Report this comment
The_Postal
Posted on February 3, 2013 at 3:10pm
I am a postal worker. I can tell you this, even if by some standard I am immune (which BTW, is news to me) I ALWAYS follow the laws to the best of my ability because I want to go home to my family at the end of the day and keep my job. Nor do I want to injure anyone. No mail carrier does.

That isn’t to say some may not be great drivers, look on the road, you don’t need to be a mailman to suck at driving, but on the whole I’d put up anyone of the people I work with against anyone else for driving safety.

We get a lot of flak and that’s fine, but we are just people too, doing a job and wanting the day to end and grab a steak and spend time with family like anyone else.

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- RANGER1965
  Posted on February 3, 2013 at 4:31pm
  You can be ticketed while working in a postal vehicle. You can be disciplined by the postal service, and even fired. However, the fines do not get paid by the postal service, or you. They are immune.
  
  Report this comment
truthnstuff
Posted on February 3, 2013 at 3:07pm
Why is this even a question? Of course they are not bound by laws, they are the government after all. When (if) the people regain the country, the first thing to do is repeal all laws that exempt the criminal elite class, the government. Maybe the second.

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Thundergod
Posted on February 3, 2013 at 2:50pm
So this is why their mail carriers think they have the right to cut you off in traffic and pull onto the road in front of you without yielding to oncoming traffic. The mail carrier who hits me pulling out into oncoming traffic better hope his little mail van can demolish my chevy and injure me bad enough that I cant get out and kick his arse,because I’ve about had it with mail carriers who think they have the right away for delivering junk mail.

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RANGER1965
Posted on February 3, 2013 at 2:43pm
I don’t know why this is a story. The lawyer for the Post Office is correct, and it’s been this way for a long time. I realize that most people may not know this but the Postal Service is immune.

The postal service can discipline their employess, and even fire them for breaking the traffic laws, but the cities, counties, and state cannot impose fines or penalties.

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jdgalt
Posted on February 3, 2013 at 2:21pm
This is misplaced outrage on The Blaze’s part. The rule that federal government operations are immune to state and local laws comes directly from Marbury v. Madison. Everyone here and in East Cleveland should have known that.

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NoMoMrNiceGuy
Posted on February 3, 2013 at 1:58pm
Tell ya what – let’s ALL apply for some form of Welfare and speed this bankruptcy thing up ! With big govt. attitudes like the USPS has it is just time before it happens anyway. So let’s help it along. If it is good enough for Illegals – it must be fine for American’s – so do your part kids. Apply for Welfare of any and all kinds and bankrupt the already broke US Govt. Be a patriot and do your part today (said with emphasis)

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- jdgalt
  Posted on February 3, 2013 at 2:24pm
  That’s right out of Cloward & Piven. What do you think the President is trying to do?
  
  Report this comment
MDECKER
Posted on February 3, 2013 at 1:51pm
Well, they sure aren’t breaking any speed laws to get my mail to me.

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- scuba13
  Posted on February 3, 2013 at 4:10pm
  They aren’t breaking any speed laws to get my mail to my neighbors house. Because half the time thats where it goes.
  
  Report this comment
woodyee
Posted on February 3, 2013 at 1:51pm
Ah! So if I read the letter correctly, the Post Office requires it’s employees to obey local traffic rules and regulations, but the Post Office is NOT required to abide by penalties set forth by local jurisdictions.

So, what are the penalties for disobeying Post Office requirements to obey local traffic rules and regulations?
How are they enforced?
Have they been enforced against the employees responsible for the tickets issued that were listed in the letter?

Can you find out, Mytheos?

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tonypro
Posted on February 3, 2013 at 1:41pm
Typical guberment agency, they think they are above the law.

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GoodStuff
Posted on February 3, 2013 at 1:37pm
One more reason to despise the USPS. It should be privatized.

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- TrueSoundsOfLiberty
  Posted on February 4, 2013 at 5:28am
  You do know that the Constitution states the Postal Service is protected? So I guess if we can dispose of the USPS we can do away with the 2nd amendment and while we’re at it the 4th (ohh wait G.W. Bush did that a few years back).
  
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- Kuurus
  Posted on February 4, 2013 at 10:50pm
  Where in the Constitution is the Post Office given immunity? Congress is Authorized to create Post roads never saw anything about a Post Office much less give Immunity from local law.
  
  Report this comment
Chuck7884
Posted on February 3, 2013 at 1:29pm
Nope will not float unless the state Agrees to it!. Ten it goes to county then to city then to local all have to agree to Immunity of the law. or they can just plain ignore it as they do over and over again. But then again Can you fine the federal government you can’t tax them and Then again is the postal service privatized if so no executive privilege.

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Fubared
Posted on February 3, 2013 at 1:29pm
They are immune from operating outside of the red column; can’t afford to pay for breaking the law daily as it is. We are more special than you lowly state chumps.

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