Land Line Media
Getting dinged during a roadside inspection is bad enough. But for truckers who say they aren’t guilty of the violation, it has been a struggle with due process.
Recourse for disputed violations reported to the Federal Motor Carrier Safety Administration’s CSA Safety Measurement System has long been criticized by truckers. Before the agency implemented the DataQ process, the system set officers and agencies issuing the violations to serve as judge and jury. Successfully challenging a violation at that point was a chore.
The DataQ process was implemented to give truck drivers and law enforcement agencies a framework for contesting violations. As with anything state-to-state, agency-to-agency, how that process was executed varied widely.
In response to those criticisms, FMCSA announced in April new requirements on states handling DataQ challenges.
“Driven by valuable feedback from both industry stakeholders and State partners. These revisions to the Request for Data Review process aim to improve the impartiality, timeliness and fairness in the data review process, ensuring proper due process for drivers,” an alert said, noting the changes are now in effect.
Two key changes include:
- Multi-Level Reviews: Ensure thorough and consistent independent evaluation of requests within state agencies, ensuring proper due process for drivers and motor carriers.
- Standardized Timelines: Clear guidelines for responding to requests, handling appeals and issuing final decisions, giving requestors peace of mind that their request will be processed in a timely manner.
The announcement stating that the requirements detailed in an April notice issued by FMCSA are now in effect wasn’t just new directives on paper. Actual system changes in the DataQ process are now in effect.
This update includes:
- Streamlined “Request Details” header focusing on the key information about the request, requestor and reviewing agency.
- New “Take Action” section with a menu of actions to make it easier to move a request through the expanded review process.
- New action to de-escalate a review to a previous review stage when new information is being presented.
- Indicators to make it clear which stage of review a request is in at all times.
- “Ready to Submit” review panel that allows you to confirm updates to the request before you submit them.
- Re-designed “Response History” makes it easier to track actions and correspondence throughout the request process.
- Expanded options to customize your list of requests in MyDataQs, including sorting by review stage and “USDOT# to Consider” (indicates carriers that may be relevant to the request).
DataQs not just for motor carriers
Company drivers and even owner-operators leased to a motor carrier are not restricted from filing their own DataQ challenges.
Violations reported to FMCSA appear both on motor carrier Safety Measurement Systems ratings and on drivers’ records, which come into play during the Pre-Employment Screening process. The DataQ system does require setting up an account for drivers to contest violations.
Members of the Owner-Operator Independent Drivers Association can get help in filing the DataQ challenge by calling 816-229-5791.
Drivers who are punching into these driver records maintained by FMCSA can check out what may or may not be included in those records. They have two options to get those records.
The first is to visit the FMCSA’s Pre-Employment Screening Program website at psp.fmcsa.dot.gov to request a copy of your PSP report for a fee. You will be able to access the downloadable report instantly, and it includes your driver information such as your FMCSA reportable crash and inspection history.
The second option, which will definitely take longer, is to visit the Freedom of Information Act Website at fmcsa.dot.gov/foia to request a copy of your commercial driving history for free. The information will be mailed to you and includes your FMCSA reportable crash and inspection history.
