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Comments to FMCSA’s Data Systems to Improve Uniformity in the Treatment of Inspection Violation Data

Dec
3,
2013
0

FMCSA

by Richard Wilson- TCRG Consulting

On December 2, 2013 the Federal Motor Carrier Safety Administration via the Federal Register, made changes to it Motor Carrier Management Information System.
Motor Carrier Management Information System Changes to Improve Uniformity in the Treatment of Inspection Violation Data
The FMCSA has improved their process of the infamous DataQ system which allows for the removal of proven wrongful violations (dismissed through the courts) from a drivers PSP and a company CSA.

There have been long awaited significant changes to DataQ and how the data collection process works. The new changes will be able to account for court rulings which drivers and companies have won from contested citations, issued from a roadside inspection, and then allow the FMCSA to have the final say on those court verdicts, not the state.
What this means to drivers is that these important changes to the FMCSA Motor Carrier Management Information process will allow proven “not guilty” violations to be removed from the drivers PSP. What it means for carriers is the removal from their CSA ( Safety Measurement System)

What is significant about this ruling, is that in the past, drivers and carriers could dispute violations from roadside inspections on FMCSA DATAQ, and then win in court, but it was up to the state where the violation was committed in, to decide if they would honor that court ruling. In other words, they could refuse to remove the violation and thus the points resulting from the violation on PSP and CSA would remain.
Now, according to the new rule, once that court ruling is final, FMCSA has the final say, not the state.

Note: If a court rules a lesser charge, then the FMCSA will retain the violation, however, it will acknowledge the lesser charge and will change the severity of the CSA points according to that charge. 

It is vital for all to comment during allowed FMCSA comment period of 30 days (Jan 2nd 2014).
If you have had a violation that was dismissed in court and yet was not removed from FMCSA data system, please let it be known in the comments. Include the date of the violation, the state it occurred in, what the violation was for, and the points received for the violation.
All other comments and suggestions should also be written in a professional manner.

Comments to be made via the Federal Register and must include the FMCSA docket # within the comment.  FMCSA-2013-0457

You can also Fax the comment 202-493-2251

Yesterday I posted a request for comments for a regulation concerning the removal of violations from the “SMS” “MCMIS” and Driver PSP reports of the FMCSA.

Richard Wilson

Safety, Compliance and regulatory specialist at TCRG Consulting

This was my comment I submitted today, I hope more who have had a ticket dismissed in court take a few minutes to write a short comment about your situation and whether it was removed or not from your score!
Comment: ( may not be posted yet)
“As a Compliance Consultant, I have found that beating tickets associated with violations that the state are continuing to respond to DATAQ’s as “NO Action Taken” after a dismissal by an Judge or officer of the court, very disturbing and unfair to small carriers as well as driver’s. I have won several cases in courts and have applied for a DATAQ and have either had no response or “Action Not taken” reply’s. I think will even up the field, especially for Passenger Carriers as they are held to a higher standard, and have data available through the Safer Bus link reporting safety and violation concerns. I believe this is the beginning of a good thing and by holding states accountable as well as Drivers and companies will work to the advantage to all.

One problem I do see coming out of this, is by the states losing revenue in more cases, I see a return to issuing “WARNINGS” that have no judicial scrutinizing to be removed for erroneous violations. This is another important situation I feel the FMCSA has to address in the future. The next item after that will be fairness in accident reporting and more towards Fault instead of just meeting the criteria of a Recordable accident.”
Richard Wilson- TCRG Consulting

TCRG Consulting LLC GREENWOOD, DE 19950 Phone: (302) 495-7095 Toll Free: (855) 534-7280 regguy@comcast.net

TCRG Consulting LLC
GREENWOOD, DE 19950
Phone: (302) 495-7095
Toll Free: (855) 534-7280
regguy@comcast.net

 

© 2013, Richard Wilson. All rights reserved.

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By: Richard Wilson

Rich is the President and CEO of TCRG, LLC- Transportation Compliance Resources Group. Since 1976 Rich has been a driver, Owner operator, Small Fleet owner, Dispatcher, Broker, Fleet Operations and Safety Manager as well as a Safety & Regulatory Manager and Consultant. Rich writes, and develops new training manuals, does on site carrier safety training programs and acts as a safety management consultant. He is a regulatory researcher who is experienced in on-site compliance review and corrective actions. Rich has acted as a regulatory representative for Owner operators, small fleets, large fleets, as well as Transportation Compliance consulting for International clients. He is familiar with accident investigation, insurance loss pay and cost lost analysis.

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