Legislation introduced this week in the U.S. House takes another shot at DataQs reform after similar legislation stalled in the previous Congress.
Reps. Tracey Mann (R-Kansas) and Sharice Davids (D-Kansas) reintroduced the “Motor Carrier Safety Screening Modernization Act,” which would require the Federal Motor Carrier Safety Administration to establish guidelines for states to follow in reviewing DataQs-system challenges to violations and crashes. Currently, states have the authority to establish their own review process.
The legislation would also expand access to FMCSA’s Pre-Employment Screening Program (PSP), allowing motor carriers to review safety records for both prospective and current drivers rather than just for pre-employment purposes.
“The men and women who keep our supply chain efficient play a critical role in feeding, fueling, and clothing the world,” said Rep. Mann. “This commonsense legislation makes our roadways safer, gives trucking companies the tools they need to strengthen driver training and safety programs, and improves the efficiency of our supply chain. By cutting unnecessary red tape and ensuring accuracy in driver safety records, we can better support both our nation’s truckers and the businesses that rely on them every day.”
Under terms of the bill, if a citation or violation is being contested with a challenge via DataQs, the citation or violation would be required to be labeled to indicate that it is being contested in the Motor Carrier Management Information System (MCMIS) and other relevant databases.
The bill would also amend the DataQ appeals process by requiring FMCSA to enact program participation guidelines that direct states and other federal agencies that receive Motor Carrier Safety Assistance Program funding to provide for an appeals process in which, following the conclusion of a request for data review, an affected party can appeal the decision. Such an appeal would have to be adjudicated by a person other than the officer that issued the violation.
FMCSA last year proposed to essentially do just that with more impartiality in the challenge process, among other proposals.
Since 2009, the PSP has provided motor carriers access to data about driver-related safety violations during the hiring process, but current law prohibits carriers from accessing those same records after a driver is hired. The legislation would update the PSP to allow for continuous access.
According to a press release from Rep. Mann, the bill has received support from the American Trucking Associations, Commercial Vehicle Safety Alliance, National Safety Council, Owner-Operator Independent Drivers Association, Specialized Carriers and Rigging Association, Truckload Carriers Association, Women in Trucking and others.
The bill was previously introduced in 2023 and passed the House Transportation Committee, but it never made it to the House floor for a vote.
