Mark Schremmer
The Federal Motor Carrier Safety Administration announced this week that it is taking steps to address those problems.
DataQ is an electronic system run by the FMCSA that allows motor carriers, drivers and safety officials to request a review of data in the agency’s databases.
Under FMCSA’s updated system, states must now meet strict deadlines and follow a three-step independent review process when handling requests for correct data on crashes, inspections and violations.
“Accurate data keeps our roads safe,” FMCSA Administrator Derek Barrs said. “America’s hardworking truck drivers deserve a system that treats them fairly. These updates guarantee due process by ensuring drivers who challenge an inspection or crash record receive an independent, unbiased and complete review in a timely manner.”
OOIDA applauded the changes as the trade association spent years criticizing the program for its lack of timeliness, consistency and fairness. A common complaint was that the appeal was determined by the same person or agency that issued the initial violation.
“OOIDA has been leading the fight for a more fair and transparent DataQ system and (the) announcement is the culmination of our efforts,” Association President Todd Spencer said. “For years, we’ve highlighted the frustrating lack of due process, which routinely made it impossible for owner-operators and professional drivers to correct clearly inaccurate safety data. Unlike larger fleets, a singular erroneous violation can have devastating consequences for a small trucking company, which is why we pushed so forcefully for these changes.”
The revised requirements establish a more streamlined framework for handling Requests for Data Review (RDRs), specifically for states receiving Motor Carrier Safety Assistance Program (MCSAP) funding from FMCSA.
New requirements
- States must designate points of contact for crash and inspection RDRs
- States are required to review requests submitted within three years of an inspection and within five years of a crash
- All decisions, especially those where no data correction is made, must include detailed explanations, evidence reviewed and clear next steps in the review process
- States must participate in FMCSA program reviews and follow established policies, including those related to adjudicated citations
The three-stage review process will include an initial review, reconsideration and final review. The first two stages must be completed within 21 days, and the final review within 45 days. State MCSAP Lead Agencies must submit DataQ Implementation Plans detailing how they will meet the new requirements, address backlogs and prevent future delays. To promote transparency, all approved plans will be publicly available through the DataQ system.
“By requiring an independent review process, adding clear timelines and providing greater transparency, FMCSA has made the improvements that OOIDA pushed for and that truckers deserved all along,” Spencer said. “We appreciate FMCSA’s work on these DataQ updates and believe the new system will be one our members can finally trust.”
