ASECTT
FMCSA proposes to mandate that states adopt DataQs reforms
Among a package of “pro trucker” actions announced by DOT Secretary Sean Duffy on June 27, FMCSA is proposing revisions to the Motor Carrier Safety Assistance Program (MCSAP) aimed at ensuring that states provide due process for users of the DataQs system. In a Federal Register notice, the agency said the requirements “aim to improve the impartiality, timeliness, transparency, and fundamental fairness” of the process for handling requests for data review (RDRs). The proposed requirements would apply only to RDRs regarding state-owned data and would not apply to federally owned data.
FMCSA proposes that states adopt a multi-level review process for RDRs, escalating the review from DataQs analysts in state MCSAP lead agencies to responsible decision-makers or panels of subject matter experts. Each RDR would be evaluated based on the documentation and evidence provided by the submitter of the RDR, along with any state documents or evidence. Each state would be required to submit a DataQs Regulation and Enforcement Regulatory and Legislative Update – July 2025 2 Implementation Plan to FMCSA detailing how it will meet FMCSA’s requirements for each stage of the RDR review process. Among other things, states must establish points of contact for crash and inspection RDRs. They also must accept and conduct “a good faith review” of all inspection-related RDRs that are submitted within three years from the date of inspection or five years from the date of a crash.
The Federal Register notice outlines more detailed requirements that state implementation must meet. Comments are due September 2. For details of FMCSA’s proposed requirements to be met by states, see the Federal Register notice at https://www.federalregister.gov/d/2025-12059.
DOT to audit states’ management of non-domicile CDLs
DOT Secretary Sean Duffy announced on June 27 that the department is launching a nationwide audit into state practices in issuing non-domicile commercial driver’s licenses (CDLs) with a focus on ensuring that individuals obtaining CDLs are qualified and properly documented and that federal standards are being met across the U.S. In the same April 28 executive order demanding that failure to demonstrate adequate English language skills be restored to an out-of-service violation, President Trump directed DOT and the Federal Motor Carrier Safety Administration (FMCSA) to review non-domicile CDLs “to identify any unusual patterns or numbers or other irregularities.” The executive order further directed DOT and FMCSA to “evaluate and take appropriate actions to improve the effectiveness of current protocols for verifying the authenticity of both domestic and international commercial driving credentials.”
The ultimate objective of the audit is unclear. It is conceivable that DOT could determine that states are not able to ensure the validity of driver credentials for non-domicile CDLs, potentially resulting in regulatory or legislative action to bar the practice.
FMCSA and NHTSA withdraw joint rulemaking on speed limiters
Nearly a month after DOT Secretary Sean Duffy announced the department’s intent to do so, FMCSA and the National Highway Traffic Safety Administration formally withdrew their joint rulemaking published in September 2016 to require speed limiting devices on vehicles with gross vehicle weight ratings of more than 26,000 pounds. The action also withdraws an advance notice of supplemental rulemaking on the issue that FMCSA had published in May 2022.
In a Federal Register notice, NHTSA and FMCSA said that they “have determined that the 2016 NPRM lacks a sufficiently clear and compelling safety justification for its implementation and raises significant concerns regarding federalism.” The notice further states that the agencies’ “research and analyses contained significant data gaps regarding potential safety benefits and economic impacts, and information obtained through the public comment process did not provide the information necessary to proceed to a final rule.” For the Federal Register notice, visit https://www.federalregister.gov/d/2025-13928.
‘Pro trucker’ initiatives to include HOS pilot programs, double-brokering focus
In addition to regulatory items announced June 27, FMCSA announced other policies and initiatives it termed as being “pro-trucker.” For example, the FMCSA committed that it would not extend the electronic logging device (ELD) mandate to pre-2000 model year trucks, although it’s not clear that any effort to do so was likely anyway. The agency also said it was renewing its focus on combating unlawful double brokering, although it did not elaborate on what that would involve. However, the agency did say that it would release a modernized National Consumer Complaint Database (NCCDB) update by the end of September and that it would expand NCCDB complaint categories to include property brokers.
DOT and FMCSA also announced plans to conduct two new pilot programs to test changes in the hours-of-service regulations. One will allow drivers to split their 10-hour off-duty period into more flexible combinations. The other pilot program will allow drivers to pause their 14-hour on-duty periods for up to three 3 hours a day. FMCSA had announced plans for the 14-hour pause pilot program in the latter months of the first Trump administration, but the idea was not continued into the Biden administration.
FMCSA grants temporary waiver, guidance on electronic medical certification
States were required in June to integrate medical examiner certification electronically into the commercial driver’s licensing process, but FMCSA has issued a temporary waiver allowing CDL holders and carriers to continue to rely on paper copies for up to 15 days after the certificate is issued. The waiver is in effect until October 12. The agency said it recognizes that some drivers may face delays as certified medical examiners and state driver’s licensing agencies transition from the paper-based process. For more information on the rule, visit https://nationalregistry.fmcsa.dot.gov/nriilearning-center.
In announcing the rule’s implementation on June 23, FMCSA noted that 37 states were fully compliant with the new regulation. On July 7, the agency issued guidance for medical examiners, drivers, and motor carriers in states where the integration rule has not been fully implemented. For that guidance, visit https://www.fmcsa.dot.gov/guidance.
Propane group seeks winter-time HOS exemption
FMCSA requests public comment by August 15 on an application submitted by the National Propane Gas Association (NPGA) for an exemption from various hours-of-service (HOS) requirements between December 15 and March 15 each year to enable the propane industry to better prepare and respond to emergencies threatening human health and safety during the winter. The association requests an exemption to allow drivers to drive up to 12 hours per day and be on duty up to 15 hours per day, without weekly limits, and to replace the 34-hour restart with a 24-hour restart with prior notice by NPGA to FMCSA.
The original deadline for comments was July 31, but FMCSA extended the deadline 15 days following a request from the New York Department of Transportation, which had sought an extension until August 29. For the Federal Register notice, visit https://www.federalregister.gov/d/2025-12204.
Carrier wants to use alternatives to driver application requirements
FMCSA requests public comment by July 31 on an application submitted by CloudTrucks, LLC for an exemption from certain requirements of the application for employment regulations. Specifically, CloudTrucks seeks an exemption from the requirement to collect the following information from prospective drivers: (1) list of employers’ names and addresses; (2) dates of employment; (3) reason for leaving; (4) nature of the position the driver held, and (5) if the driver was subject to the alcohol and controlled substances testing requirements.
Instead, CloudTrucks proposes using its own verification process that consists of cross-referencing national databases to include HireRight’s Drive-A-Check (DAC) report, FMCSA’s Drug and Alcohol Clearinghouse (DACH), Pre-employment Screening Program (PSP), and the Commercial Driver’s License Information System (CDLIS). For the Federal Register notice, visit https://www.federalregister.gov/d/2025-12205.
FMCSA seeks comments on renewal of intermodal inspection exemption
FMCSA requests public comment by July 31 on an application from the Intermodal Association of North America to renew its exemption allowing individuals who complete a training program consistent with IANA’s Intermodal Recommended Practices to be considered qualified inspectors for the purposes of the periodic inspection rule or qualified brake inspectors for under the brake system inspection repair and maintenance requirements. For the Federal Reister notice, visit https://www.federalregister.gov/d/2025-12203.
FMCSA grants transit group partial relief on CDL skills test
FMCSA has granted in part but denied in part an application from the American Public Transportation Association (APTA) for an exemption on behalf of public transit agencies and their contractors related to the Regulatory and Legislative Update – July 2025 4 commercial driver’s license (CDL) skills test. Specifically, FMCSA is allowing state driver licensing agencies the option to waive the “under-the-hood” portion of the pre-trip vehicle inspection skills test under the condition that drivers issued CDLs are restricted to intrastate operation of transit buses. FMCSA rejected APTA’s application request to allow drivers issued a CDL under the exemption to operate in interstate commerce. For the Federal Register notice, visit https://www.federalregister.gov/d/2025-13283.
Budget reconciliation bill enacted without carrier selection language
The House of Representatives on July 3 passed the Senate-passed version of the budget reconciliation bill (H.R. 1), giving final passage to a version of the legislation that did not include the House provision that would have granted a safe harbor for brokers and forwarders in selecting motor carriers. President Trump signed the legislation – commonly known as the “One Big, Beautiful Bill” – on July 4.
It is unclear whether a more normal legislative process would have resulted in the adoption of the safe harbor language. Trump pushed lawmakers to pass the final version by the Fourth of July, so rather than having the traditional negotiation between key House and Senate leaders, the only practical option available was for the House to pass the Senate version of the bill, which did not include the provision. For more information on H.R. 1, visit https://www.congress.gov/bill/119th-congress/house-bill/1.
Senate committee to vote July 30 on FMCSA administrator nomination
The Senate Commerce Committee plans to vote July 30 on the nomination of Derek Barrs to be FMCSA administrator. Barrs is a former Florida Highway Patrol chief who most recently worked for the infrastructure development firm HNTB. He had served in various leadership roles within the Florida Department of Highway Safety and Motor Vehicles from 2001 to 2020. He also has served on the American Trucking Associations’ Law Enforcement Advisory Board and previously served as the Florida Highway Patrol’s lead representative to the Commercial Vehicle Safety Alliance.
The committee held a July 16 hearing regarding the nomination of Barr as well as individuals nominated to be administrators of the National Highway Traffic Safety Administration and the Pipeline and Hazardous Materials Safety Administration. To view a recording of the hearing, visit https://www.commerce.senate.gov/hearings.
Bill would count hair testing results as ‘actual knowledge’ of drug use
Rep. Rick Crawford (R-Arkansas), a senior member of the House Transportation & Infrastructure Committee, introduced legislation (H.R. 4320) that would require FMCSA to add positive hair drug testing results to its current definition of an employer’s “actual knowledge” of a truck driver’s drug use. Although the 2015 law known as the FAST Act recognized hair testing as an acceptable alternative to urine testing for purposes of pre employment testing of drivers, the Department of Health and Human Services still has not met its statutory obligation to issue the necessary regulations.
Under the bill, a positive result from hair testing would be recorded in the drug and alcohol clearinghouse as actual knowledge. For more on H.R. 4320, visit https://www.congress.gov/bill/119th-congress/house-bill/4320.
Bill would preempt state regulation of autonomous trucking
Rep. Vince Fong (R-California) introduced legislation (H.R. 4661) that would preempt state laws requiring a human occupant in an automated driving systems (ADS)-equipped commercial motor vehicle. The bill would Legislation Regulatory and Legislative Update – July 2025 5 mandate a federal framework for Level 4 or 5 automation and authorize interstate testing and operation of fully automated trucks without human or remote drivers onboard.
The legislation also would codify FMCSA’s 2018 interpretation that federal safety regulations don’t require a human driver. It would direct FMCSA to update rules by 2027 for ADS-equipped vehicles that would exempt fully autonomous trucks from human-specific requirements, such as hours of service and drug testing, for example. H.R. 4661 also would codify that a flashing, cab-mounted warning beacon may be used instead of warning triangles for disabled commercial vehicles, aligning with a 2023 FMCSA exemption request. For more on H.R. 4661, visit https://www.congress.gov/bill/119th-congress/house-bill/4661.
Sixth Circuit allows negligent selection claim to proceed against TQL
A second federal appeals court has ruled that the Federal Aviation Administration Authorization Act (FAAAA) does not preempt a negligent selection claim against a freight broker. On July 8, the U.S. Court of Appeals for the Sixth Circuit ruled that a claim that Total Quality Logistics ignored a carrier’s poor safety record rests on a theory of liability that “comports with the FAAAA’s recognition that motor vehicles are core to the services provided by brokers, as well as the basic reality that brokers are ultimately responsible for placing such motor vehicles on the road, even if those motor vehicles are driven and owned by a different entity.” The ruling sends the case back to the U.S. district court, which had ruled that the claim against TQL was preempted by FAAAA. For the court’s opinion, visit https://www.opn.ca6.uscourts.gov/opinions.pdf/25a0177p-06.pdf.
The latest ruling means that four federal appeals courts have ruled on the question of whether FAAAA’s exception allowing states to regulate the safety of motor vehicles applies to brokers that – unlike motor carriers – do not operate vehicles. The U.S. Court of Appeals for the Ninth Circuit also ruled in 2020 that such claims are not preempted, but since then two other federal appeals courts – the Eleventh Circuit and Seventh Circuit – have ruled that because brokers do not operate vehicles, plaintiffs cannot rely on FAAAA’s safety exception. The U.S. Supreme Court previously declined to review the Ninth Circuit’s ruling, but a clear split among courts might lead the court eventually to consider the scope of FAAA preemption.
Mark Schremmer
Two of the U.S. Department of Transportation’s nine “Pro-Trucker” initiatives set out to make resources more accessible to truck drivers.
That includes an overhaul of the Federal Motor Carrier Safety Administration’s National Consumer Complaint Database and an upgrade to the agency’s Driver Resource webpage.
NCCDB
The NCCDB was created as a way for truckers to file complaints to FMCSA about coercion, fraud and unsafe practices. Under the DOT’s initiative, the NCCDB is being migrated to a modern customer service platform to be user-friendly and mobile-friendly. The DOT said the first updates will be made by Sept. 30.
Earlier this year, the Owner-Operator Independent Drivers Association told Congress that the system needed a complete overhaul. OOIDA Executive Vice President Lewie Pugh testified that the NCCDB has been unresponsive to truck drivers’ complaints. Additionally, OOIDA said that the name is misleading and should be changed.
In comments filed to FMCSA on Monday, July 7, OOIDA thanked the agency for taking steps to address the problems.
“We support FMCSA’s efforts for launching critical improvements by Sept. 30, which will streamline the response process, improve response timeliness, expand complaint categories to include property brokers and initiate enforcement action when applicable,” OOIDA wrote in comments signed by President Todd Spencer.
OOIDA also used the comments to elaborate on a potential name change.
“Many drivers are also unaware that the NCCDB is available for them to report violations of commercial regulations, nor are they aware that other complaints can be handled through the NCCDB,” Spencer wrote. “We believe ongoing NCCDB changes can be supplemented simply by changing the name of the system. Possible suggestions for a more logical name would be the ‘National Truck Safety Hotline’ or the ‘Truck Safety and Compliance Hotline.’ A new, more practical name would help raise the platform’s awareness among professional truckers and improve its utilization.”
Driver Resources
FMCSA is upgrading its digital tools to provide better support for drivers and to make the tools mobile accessible.
FMCSA’s Driver Resource page is designed to provide truck drivers with important information about many of OOIDA’s core issues, such as entry-level driver training.
Additionally, the webpage informs drivers about emergency declarations, tips on how to drive safely and how to stay healthy while out on the road.
On June 27, the DOT announced a commitment to improving the profession for truck drivers by reducing burdensome regulations, modernizing driver resources and cracking down on bad actors.
The nine initiatives:
- Increase truck parking capacity
- Withdraw speed limiter rulemaking
- Increase hours-of-service flexibility
- Improve FMCSA’s driver resource page
- Reform DataQ
- Modernize National Consumer Complaint Database
- Address unlawful brokering
- Maintain ELD exemption on pre-2000 engines
- Remove “needless” regulations
Non-Compliance with English Language Proficiency Regulation Takes Effect as an Out-of-Service Driver Violation
Effective June 25, non-compliance with Title 49 Code of Federal Regulations (CFR) 391.11(b)(2) is now a driver out-of-service violation. CFR 391.11(b)(2), “General qualifications of drivers,” states that a driver must be able to read and speak the English language sufficiently to converse with the general public, to understand highway traffic signs and signals in the English language, to respond to official inquiries, and to make entries on reports and records.
Order OSD Week Postcards by July 3
Operation Safe Driver (OSD) Week is July 13-19, and the deadline to order OSD Week postcards is July 3. We will ship the postcards to jurisdictions and industry members free of charge.
Nearly 400 CMVs Removed from North American Roadways in One Day Due to Brake Violations
Inspectors in 45 jurisdictions throughout Canada, Mexico and the U.S. conducted 4,569 commercial motor vehicle (CMV) inspections and placed 398 (8.7%) of those vehicles out of service due to brake-related violations as part of CVSA’s unannounced one-day brake-safety inspection and enforcement event. Of the 4,569 inspections conducted on April 22, 4,171 CMVs did not have any brake-related out-of-service violations – 91.3% of the total number of vehicles inspected.
Check Out Two New ‘Inspector Focus’ Video Tutorials
CVSA created two new CVSA Inspector Focus video tutorials on two new inspection bulletins. Each CVSA Inspector Focus video tutorial features slides and audio guidance, along with a brief knowledge test to earn a virtual completion badge.
- We’ve put together an eight-minute video tutorial outlining the new 2025-02 – ExTe Com90 Load Securement inspection bulletin.
- In a 10-minute tutorial, we go over the new 2025-03 – Electronic Parking Brake Control Systems inspection bulletin.
To access the tutorials, log in to your CVSA member portal. Select “Learning,” then click on “Member Login” at the top of the page to log into the learning portal. Click on “Driver/Vehicle Inspections” from the top navigation, select “Vehicle Inspections,” then scroll down to the “Inspector Focus” heading.
Check Out the New ‘Quick Fix’ Training Video on CVSA Decals
In our new 14-minute Quick Fix video, you’ll learn about the importance of the CVSA decal, issuance requirements, re-inspection guidance, and decal application, validity and placement. To access this training video, log in to your CVSA member portal, select “Learning,” then click on “Member Login” at the top of the page to log into the learning portal. Click on “Operational/Administrative,” then scroll down to the “Quick Fix Training Videos” heading where you’ll see the video titled “CVSA Decals.”
Registration Is Open for the CVSA Annual Conference and Exhibition
Register for the CVSA Annual Conference and Exhibition, which will be held Sept. 21-25, in Denver, Colorado. This premier meeting offers the opportunity for government officials, enforcement and industry to collaborate and affect meaningful changes and improvements to the overall culture of CMV safety throughout North America.
Registration Is Open for CVSA/ISWIM Workshop
CVSA and the International Society for Weigh-In-Motion (ISWIM) will host a one-day workshop on weigh-in-motion technology, implementation and applications. The CVSA/ISWIM Workshop will be offered virtually and in-person in Denver, Colorado, on Sunday, Sept. 21, co-located with the CVSA Annual Conference and Exhibition. There is no fee to attend the workshop; however, advance registration is required. Note: Although held at the same location, this workshop and the annual conference are two separate events and require separate event registration.
Register for NAIC
Volunteers and jurisdictions’ inspector competitors may register for the North American Inspectors Championship (NAIC). The championship will take place Aug. 19-23 in Minneapolis, Minnesota, in conjunction with the American Trucking Associations’ National Truck Driving Championships and National Step Van Driving Championships. At NAIC, inspectors will not only compete against other inspectors from jurisdictions across North America, they’ll also receive training on the latest CMV safety trends, technologies, standards and inspection procedures while sharing ideas, information and experiences with fellow inspectors.
FMCSA Requests Comments on Revisions to DataQs Requirements
On July 1, the Federal Motor Carrier Safety Administration (FMCSA) requested comments on proposed revisions to the DataQs requirements for Motor Carrier Safety Assistance Program grant funding in response to comments and announced a 60-day comment period. FMCSA also addressed comments received in response to the agency’s Federal Register notice titled, “Appeal Process: Requests for Data Review.” Comments are due by Sept. 2.
PHMSA Requests Comments on Adoption of U.S. DOT SP 14175
On July 1, the Pipeline and Hazardous Materials Safety Administration (PHMSA) requested comments on the notice of proposed rulemaking (NPRM) adopting the provisions of U.S. Department of Transportation (DOT) special permit (SP) 14175 into the hazardous materials regulations (HMR) to authorize a 10-year requalification period when using the ultrasonic examination testing method for U.S. DOT specification 3A and 3AA used for flammable and non-flammable, nonpoisonous gas service. Comments are due by Sept. 2.
PHMSA Requests Comments on Adoption of U.S. DOT SP 21287
On July 1, PHMSA requested comments on the NPRM adopting the provisions of U.S. DOT SP 21287 into the HMRs to streamline the transportation of small refrigerating machines that contain limited quantities of certain flammable gases. Comments are due by Sept. 2.
PHMSA Requests Comments on Adoption of U.S. DOT SP 21379
On July 1, PHMSA requested comments on the NPRM adopting the provisions of U.S. DOT SP 21379 into the HMRs to streamline the transportation of large refrigerating machines filled with flammable gases. Comments are due by Sept. 2.
PHMSA Requests Comments on Adoption of U.S. DOT SP 21478
On July 1, PHMSA requested comments on the NPRM adopting the provisions of U.S. DOT SP 21478 into the HMRs authorizing intermediate bulk containers containing a residue of a certain hazardous materials to be transported without shipping papers, placards and motor vehicle marking of the UN identification number subject to additional operational controls. Comments are due by Sept. 2.
PHMSA Requests Comments on Adoption of U.S. DOT SPs 12412 and 11646
On July 1, PHMSA requested comments on the NPRM adopting the provisions of U.S. DOT SPs 12412 and 11646 into the HMRs which would eliminate the need for special permit renewal requests. Comments are due by Sept. 2.
PHMSA Requests Comments on Expanding FCA Authority
On July 1, PHMSA requested comments on the NPRM proposing to expand the Fireworks Certification Agency’s (FCA) authority to approve fireworks constructed to the American Pyrotechnics Association (APA) 87-A standard to include those fireworks constructed to the APA 87-1B and APA 87-1C standards. Comments are due by Sept. 2.
PHMSA Requests Comments on Special Permits and Approval Renewals
On July 1, PHMSA requested comments on the NPRM proposing to allow a grantee to file an application to renew a special permit or approval any time before its expiration date rather than requiring the application to be filed 60 days in advance. Comments are due by Sept. 2.
PHMSA Requests Comments on Training Requirements for Farmers
On July 1, PHMSA requested comments on the NPRM proposing to adjust the exceptions for in-depth security training requirements for farmers by raising the dollar amount of the exception threshold to account for inflation. Comments are due by Sept. 2.
PHMSA Requests Comments on Special Permit Packagings
On July 1, PHMSA requested comments on the NPRM proposing to revise the HMRs to allow for the continued use of packagings authorized under a manufacturing special permit for duration of the useful life of the package. Comments are due by Sept. 2.
PHMSA Requests Comments on Domestic Aerosol Shippers
On July 1, PHMSA requested comments on the NPRM proposing to update the definition of an aerosol. Comments are due by Sept. 2.
PHMSA Requests Comments on Amending the MOT Exceptions
On July 1, PHMSA requested comments on the NPRM proposing to amend the materials of trade (MOT) exceptions to allow for the transportation of increased quantities of lithium batteries. Comments are due by Sept. 2.
PHMSA Requests Comments on Reduced-Sized Markings
On July 1, PHMSA requested comments on the NPRM proposing to allow for a reduced-sized marking for limited-quantity shipments of hazardous materials. Comments are due by Sept. 2.
PHMSA Requests Comments on Allowing Electronic Certificate of Registration
On July 1, PHMSA requested comments on the NPRM proposing to revise the hazardous materials program procedures to allow motor and vessel carriers the option to carry their PHMSA certificate of registration in electronic form. Comments are due by Sept. 2.
PHMSA Requests Comments on Allowing Electronic Copies of Emergency Response Information
On July 1, PHMSA requested comments on the NPRM proposing to revise the HMRs to provide domestic motor carriers the option to maintain electronic copies of emergency response information rather than requiring a hard copy printed on paper. Comments are due by Sept. 2.
PHMSA Requests Comments on Removing List of EPA Hazardous Substances
On July 1, PHMSA requested comments on the NPRM proposing to revise the HMRs to remove redundant pages contained in an appendix that repeats references already listed in U.S. Environmental Protection Agency (EPA) regulations. Comments are due by Sept. 2.
U.S. DOT Announces Meeting of U.S. DOT Advisory Board
On June 30, the U.S. DOT announced a public meeting of the U.S. DOT Advisory Board. The meeting will take place on July 16, and virtual participation is available.
FMCSA Requests Comments on Transportation of Household Goods; Consumer Protection ICR
On June 25, FMCSA requested comments on the Transportation of Household Goods; Consumer Protection information collection request (ICR), which applies to household goods motor carriers who are procured by the public to transport their household goods. Comments are due by July 25.
DataQs reform: FMCSA pivots to new state requirements for funding
Matt Cole
The Federal Motor Carrier Safety Administration on Tuesday published
responses to comments it received during a 2023 comment period
<https://www.overdriveonline.com/regulations/article/15634205/fmcsa-wants-co
ntrol-of-thirdstage-dataqs-appeals> on the proposed development and
implementation of a federal appeals process for Requests for Data Review
(RDRs) submitted to the agency through its DataQs system.
Additionally, as reported in part Friday, June 27, with the Department of
Transportation’s announcement of a raft of actions
<https://www.overdriveonline.com/regulations/article/15749575/dot-sets-forth
-regs-plan-for-parking-eldshours-flexibility-more> in the trucking
regulatory sphere, the agency is pivoting from that federal appeals system
to focus on the DataQs requirements for Motor Carrier Safety Assistance
Program (MCSAP) Grant funding.
The move comes in response to the comments filed, FMCSA said, many
recommending a more impartial review process than is currently the practice
in states. The agency “is proposing an approach to improve the fundamental
fairness” of the DataQs system by “implementing sufficient process
guardrails for States.”
If prior survey results are any indication, fundamental DataQs improvement
for timeliness and impartiality will be welcomed by many in trucking.
Overdrive readers earmarked DataQs process issues among several areas it
hoped the Trump administration and its DOGE effort could impact
<https://www.overdriveonline.com/voices/article/15738207/what-truckers-want-
doge-to-target-in-gov-relative-to-industry> . At once, delayed removal of
violations associated with court-adjudicated citations
<https://www.overdriveonline.com/partners-in-business/safety-compliance/arti
cle/15737200/how-to-challenge-erroneous-violation-crash-data-fmcsa-dataqs>
through DataQs may remain a problem, given local courts’ role in contesting
tickets.
As owner-operator Adam Mackey noted as part of prior reporting, “Fighting
tickets is now almost impossible” within the system. “Instead of having my
day in court, I have to submit multiple letters and get denied multiple
times until six to eight months later I finally might get my day in court.
Lawyers don’t understand it, and drivers don’t have the time or money to
jump through all the hoops.”
Nonetheless, the agency hoped the new changes it’s proposing will at least
“benefit users by ensuring appeals are reviewed in an independent,
impartial, uniform, and transparent manner, as well as providing timelines
for the initial request and appeals process.”
The agency’s previous idea first saw light in 2023
FMCSA’s 2023 notice proposed an appeal process for third-stage DataQs
reviews — or requests for change to a violation, crash or other information
<https://www.overdriveonline.com/partners-in-business/safety-compliance/arti
cle/15737200/how-to-challenge-erroneous-violation-crash-data-fmcsa-dataqs>
that have been rejected at least twice already, whether by state or federal
officials, with some limitations.
Currently, states are responsible for reviewing and resolving all “requests
for data review” (RDRs) within the DataQs system that pertain to the safety
data collected and reported in the Motor Carrier Management Information
System (MCMIS) by the state. The current system allows carriers to use the
DataQs system to request an RDR
<https://www.overdriveonline.com/regulations/article/15063812/how-to-dataq-t
o-challenge-a-violation> within the FMCSA system and, if applicable, provide
supporting documentation.
Depending on the nature of the request, the review is routed to the
appropriate DataQs program office. That office can vary considerably — it
can be a state agency, an FMCSA field office, or FMCSA headquarters — yet
most DataQs reviews are assigned to the appropriate state agency for review,
since states are most often uploading carrier data to MCMIS.
After a decision is made on the initial review, that decision can be
appealed — known as an “RDR Reconsideration” — which could be routed to
the same program office as the initial review or follow a different process
in some instances, FMCSA noted, depending on the review type. (Some states,
like Minnesota
<https://www.overdriveonline.com/overdrive-radio/podcast/15063931/dataqs-cra
sh-and-violation-appeals-process-in-minnesota> , put such
reconsiderations/appeals to a dedicated review team with at least some
industry representation.)
In its 2023 notice, FMCSA proposed that DataQs users would be able to
initiate a request for an FMCSA appeal, but only after both the initial
review and the RDR Reconsideration reviews have been denied. The agency
collected 54 comments in response to that notice, 42 of which were specific
to the changes proposed, FMCSA said. The “majority of the comments were
balanced in tone and supportive of FMCSA’s proposal to develop and implement
a federal appeals process for RDRs.”
Many comments “provided suggestions on improving the proposed appeals
process and DataQs program more broadly,” the agency added. In its responses
published July 1, FMCSA split the comments into three categories:
* Calls to improve the impartiality of the RDR process
* Suggested approaches for the federal appeals process and the DataQs
program
* Requests to enhance the timeliness of RDRs
Challenge-process impartiality
Thirty commenters asked that FMCSA improve impartiality in processing RDRs.
Of those, 13 commenters — including the National Association of Small
Trucking Companies, Owner-Operator Independent Drivers Association, Trucker
Nation and others — took issue with RDRs being reviewed by the officer,
inspector, or agency that performed the inspection or issued the violation.
The National Tank Truck Carriers (NTTC) group pointed out that “there are
many times that an inspector refuses to make a correction despite evidence
that they made a mistake,” FMCSA noted, while NASTC and Trucker Nation
offered recommendations to improve impartiality. NASTC suggested FMCSA
require states to “establish adjudication by independent third parties and
to disallow involvement in adjudication by any state or local body or other
party with [an] actual or appearance of conflict of interest, such as review
by the issuing officer or his or her supervisor.”
Trucker Nation added that the “issuing officer [should] serve only as an
information source for the analyst/adjudicator who is assigned to the RDR”
to enhance the objectivity of the RDR process.
Regarding requests asking that the RDR be reviewed again after the initial
decision, several commenters recommended FMCSA’s proposed state guidelines
include a requirement that such “RDR Reconsiderations” be addressed by a
reviewer different from the initial reviewer.
Several voices called for a standard, nationwide process for RDRs. Some
commenters also claimed to have their DataQs reviews closed without
explanation, “which led to assumptions of bias in the review process,” FMCSA
said.
FMCSA’s response
After analyzing comments, as noted at the top, FMCSA determined that “its
initial proposal for a federal-level appeals process would not sufficiently
address the due process issues that currently exist with State-reviewed
RDRs.”
Instead, the agency now proposed to improve fairness with new state
requirements, including changes to the MCSAP Grant requirements that “would
provide necessary guardrails for the RDR process, accountability for States,
and empower States to take more complete ownership of their DataQs
programs.”
Eligible RDRs, other process recommendations
Ten commenters called for FMCSA to expand the scope of RDRs eligible for
the federal appeals process. The Commercial Vehicle Safety Alliance said “it
is [not] practical to go through the effort that will be involved in
establishing and maintaining this federal appeals process if it will not
address the majority of the RDRs that would be submitted.” Other commenters
offered specifics on what specifically should be eligible, and Trucker
Nation suggested that all violation types should be eligible.
The American Trucking Associations supported a more limited scope for the
federal appeals process that was proposed in the 2023 notice
<https://www.overdriveonline.com/regulations/article/15634205/fmcsa-wants-co
ntrol-of-thirdstage-dataqs-appeals> , noting that “members raised concerns
that allowing all RDRs could create a myriad of submissions that lead to an
ineffective independent review process.”
The agency acknowledged that the proposed appeals process “was narrow in
scope by only reviewing requests pertaining to interpretation of regulations
and policies, leaving many RDRs to be reviewed under processes that exist
today.” FMCSA is now proposing “defined processes at each stage of review
that will apply to all RDRs submitted for State-collected data in DataQs.”
Six commenters recommended using review panels in the federal appeals
process and suggested criteria for those panels. FMCSA agreed and proposed
for its MCSAP Grant requirements that states use a panel of subject matter
experts in the decision-making process for RDR Reconsideration and final
review requests.
Four commenters said FMCSA should share federal appeals decisions publicly,
and four also recommended that FMCSA remove all data related to an active
RDR from public websites until an outcome is decided. The agency noted that
because the new proposal is state-centered and doesn’t include centralized
federal review, decisions from RDRs would not be posted publicly on FMCSA’s
website, but would be available to the parties involved with the RDR.
FMCSA didn’t agree with the suggestion to remove all data related to
pending RDRs from public view. “Removing this data creates opportunities for
requestors to ‘improve’ their safety records in the short term by submitting
frivolous RDRs, which would impact the efficacy of the DataQs program and
other FMCSA safety programs,” FMCSA said.
Timeliness of the DataQs process
Ten stakeholders voiced concerns around timeliness of current DataQs
processes. Establishing deadlines generally would improve the effectiveness
of the RDR process, some said, and others suggested specific timelines.
OOIDA recommended all RDRs be decided within 60 days of the initial request,
the initial review and RDR Reconsideration be completed within 30 days, and
the federal appeal review then in consideration within 30 days.
ATA recommended FMCSA provide “an outline of the expected review-time once
the RDR is received at the federal level, the steps the agency is taking to
address the backlog of current RDRs, and how the program implementation will
be handled.”
FMCSA agreed that timeliness is important. Proposed DataQs requirements for
MCSAP funding include timeline standards for each stage of review. Proposed
standards would require states to “open, review, and communicate a decision
within 21 days of the requestor’s submission of an RDR and RDR
Reconsideration requests, and within 30 days of the requestor’s submission
for Final Review requests,” the agency said.
FMCSA’s proposal for MCSAP Grant funding
The agency’s new proposal here would revise DataQs requirements for MCSAP
funding states receive to “ensure proper due process for users of the DataQs
system,” FMCSA said. “These requirements aim to improve the impartiality,
timeliness, transparency, and fundamental fairness of the RDR process,
thereby strengthening FMCSA’s ability to make data-driven decisions that
inform resource allocation, policy changes, and new initiatives to prevent
large truck and motorcoach-involved crashes and enhance safety on the
nation’s roads.”
The agency noted that the requirements would only apply to DataQs requests
on state-owned data and would not apply to federally-owned data, such as
requests submitted to the Crash Preventability Determination Program
<https://www.overdriveonline.com/partners-in-business/safety-compliance/arti
cle/15737291/preventable-or-not-when-to-use-dataqs-to-request-crash-reviews>
, petitions submitted to the Drug and Alcohol Clearinghouse Program, or
other FMCSA offices.
FMCSA’s proposal would require states to incorporate a multi-level review
process for RDRs, escalating the review from the DataQs analyst in the
state’s MCSAP Lead Agency to a responsible decision-maker or panel of
subject matter experts. Each RDR would be evaluated based on the
documentation and evidence provided by the submitter of the RDR, along with
any state documents or evidence.
“States would be encouraged to adopt a multi-level review process
appropriate for their agency(s) structure to support independent evaluation
of the request,” the agency said. “This multi-level review process would
benefit the ability for requestors to get a fair and thorough response with
assessment from multiple evaluators within a state.”
States would also be required to submit a DataQs Implementation Plan to
FMCSA that details how their agency will meet the requirements for each
stage of the RDR review process.
The proposed requirements for states’ RDR review process can be seen in the
Federal Register docket here
<https://www.federalregister.gov/documents/2025/07/01/2025-12059/proposed-re
visions-to-dataqs-requirements-for-mcsap-grant-funding> .
FMCSA is accepting comments on the proposed requirements for states,
including to specific questions mostly directed at states
<https://www.federalregister.gov/d/2025-12059/p-86> , through Sept. 2.
Comments can be filed here.
<https://www.regulations.gov/commenton/FMCSA-2023-0190-0059>
The agency said following the comment period, a follow-up Federal Register
notice will respond to any comments received and announce the revised MCSAP
Grant requirements “with ample time prior to implementation.”
Goal Is to Help Carriers Gain Visibility Into Safety Reports Stored in
Records
Eric Miller
Federal trucking regulators have issued a public notice reopening a
lingering 2023 proposal seeking additional comments on how to improve the
DataQs process <https://www.ttnews.com/articles/fmcsa-dataqs-appeal-process>
that allows motor carriers to challenge the accuracy of data stored in state
and federal records.
DataQs is an online system for carriers, commercial motor vehicle drivers
and other interested parties to request and track a review of federal and
state crash and inspection data submitted to and stored by the Federal Motor
Carrier Safety Administration <https://www.fmcsa.dot.gov/mission/about-us> .
“This system is critical to allowing users to ensure the data FMCSA
maintains on them is accurate and complete,” the June 30 agency notice said.
“Users can review their own data and request corrections to erroneous or
incomplete data records.”
FMCSA received 54 docket comments in response to the 2023 FR notice before
it closed in November 2023. The commenters included motor carriers, drivers,
owner-operators, industry associations, safety consultants and members of
the enforcement community.
Among the goals for the DataQs review is to transfer more responsibility to
the states, according to the notice.
The agency’s response to the first round of stakeholder comments outlined
some of its notions of what can and can’t be changed in the system. The
review of the appeals process has been intended to benefit users by ensuring
their appeals are reviewed in an independent and thorough manner, as well as
providing timelines for when the initial request and appeals process should
be completed.
“The majority of the [public] comments were balanced in tone and supportive
of FMCSA’s proposal to develop and implement a federal appeals process for
requests for data reviews,” FMCSA said. “Many of the commenters provided
suggestions on improving the proposed appeals process and DataQs program
more broadly.”
FMCSA said it also is proposing revisions to the Motor Carrier Safety
Assistance Program Grant requirements. “These revised requirements would
provide necessary guardrails for the request for data review process,
accountability for states and empower states to take more complete ownership
of their DataQs programs,” the agency said.
FMCSA said commenters have requested more impartiality, uniformity and
transparency in the request for data review (RDR) process. However, after
review and consideration of these comments, FMCSA has determined its initial
proposal for a federal-level appeals process would insufficiently address
the due process issues that exist with state-reviewed RDRs.
“Instead, FMCSA is proposing an approach to improve the fundamental
fairness of the RDR process by implementing sufficient process guardrails
for states,” the agency said. “Changes would benefit users by ensuring
appeals are reviewed in an independent, impartial, uniform and transparent
manner, as well as providing timelines for the initial request and appeals
process.”
FMCSA said it does not agree with the suggestion to remove all data related
to pending RDRs from public view. “Removing this data creates opportunities
for requesters to improve their safety records in the short term by
submitting frivolous RDRs, which would impact the efficacy of the DataQs
program and other FMCSA safety programs.”
The agency said it will continue to display all motor carrier safety data
(i.e., crashes, inspections and investigations) on its websites. It also
said it concurs with comments calling for the use of a review panel to
monitor the DataQs process.
