Appeals court rolls smaller lawsuit against FMCSA data into OOIDA’s broader DataQs suit

| February 28, 2014

CSA's heat indexBased on jurisdictional grounds, a U.S. Court of Appeals in D.C. has transferred a case brought against the Federal Motor Carrier Safety Administration and its inability to remove violations from a carrier or driver’s safety record if the violation is dismissed in court or the carrier is found not guilty. 

Senior Circuit Judge Stephen Williams wrote the Feb. 28 opinion for the three-judge panel that heard the case — Fred Weaver and the Owner-Operator Independent Drivers Association vs. FMCSA — on Dec. 5. 

Related

FMCSA updates citation protocol to allow removal of violation from CSA, PSP after successful challenge

In an attempt to shore up some of the data quality issues facing FMCSA, the agency has unveiled changes to its data collection system that ...

Williams wrote that Weaver’s case did not meet the criteria set by prior rulings to be heard by the appeals court, and that Weaver’s case would be brought under the district court currently hearing a similar case brought by OOIDA and four other drivers regarding challenges to violations in FMCSA’s Motor Carrier Management Information Systems. 

MCMIS is the agency’s data well, from which its Compliance, Safety, Accountability program’s Safety Measurement System scores are derived. 

MCMIS receives much of its data from states, who submit violation information and are responsible for amending such information if a carrier contests a ruling and the violation information changes, such as in the case of a dismissal or not guilty verdict. 

Weaver was cited for failing to stop at a weigh station in June 2011, and he subsequently challenged the citation in court in Montana, and the state dismissed the case. However, the Montana Department of Transportation denied Weaver’s request to have the citation removed from FMCSA’s data system. 

Related

OOIDA sues over accuracy of safety records

OOIDA has sued FMCSA over the accuracy of its Pre-Employment Screening Program information.

FMCSA claims it “is not authorized to direct a state to change or alter MCMIS data,” and a state’s final ruling is made, “FMCSA considers that decision as final resolution of the challenge,” according to the court’s opinion.

The agency, however, has since the lawsuit’s filing taken steps to amend the DataQ’s process, publishing a proposed rule in December that will, when enacted, allow the agency to remove violations from its MCMIS if a citation is dismissed or a carrier is found not guilty, and CSA scores and Pre-Employment Screening Program reports would reflect any changes. 

Judge Williams in his court’s opinion said the agency’s letter deferring to Montana’s ruling in Weaver’s case does not constitute an agency rule, regulation or final order, which must be the case for his court to make a ruling. 

OOIDA filed its larger suit in the matter in July 2012, saying — similar in nature to Weaver’s suit — that FMCSA fails to keep its information accurate and account for due process in legal proceedings

More About:

, ,
  • jojo

    I had a ticket dismissed because the officer didn’t show up in court. The Data Q would not remove it from the CSA score.
    I then realized that an officer need not even write a ticket to punish the Driver.
    The officer only needs to do an inspection including valid or false violations to convict the Driver of said crimes.
    This CSA garbage has placed total and complete discretion and control in the hands of the officer without oversight or due process.
    Why we need this CSA crap when we already the CDL system in place that already gives us a safety score (Points on Our MVR) is beyond me.
    If the CSA is intended to keep the companies in check they need to be at the offices, terminals and shops of the trucking companies not out here hassling the Drivers!

  • Jerry

    I received a ticket in California X-Mas, 1997: No Prior Logs Past 7 Days. That ticket shows up in Jan.2011…it was RePosted by the State of Wash. Filing Complaints to FMSCA on Brokers whom embezzled my freight bills payment….fmcsa had nothing to say; Safety, Safety, Safety is tied to maintenance. Wheres the Calculation in Carrier Safety when they do not collect their Freight Bill. I think the FMSCA is missing an important element to rating a Carriers Safety.

  • Pingback: Trucking>> Appeals court rolls smaller #OOIDA lawsuit against #FMCSA data into broader DataQs suit – iTruckTV

  • david webster

    The best way would to set min . rates to the truck have to pay overtime after 10 hours per day. The co.(s would not want us running too many hours as it would cost the co. money.

  • g

    CSA is just a program to employ mentally challenged Gov Workers….what else could they do in life except check truck tires for AIR PRESSURE…and hunt for burnt out marker lights? Cops dont want them out on PATROL because they are too stupid. Think of it as a Charity to assist unemployalble Dopes.

  • g

    Think of it as a cost of doing business. CSA cops are the clowns of law enforcement….unable to do REAL work….so they LEACH off truckers! It doesnt take long to see they are unemployable Gov Mooches. They spend most of their time trying to communicate with all the illegal aliens they usually Wave thru the weigh stations….”Horhay….today u have Loggie Bookie??? You really cant take trucking seriously today or you will be driven crazy. It makes no LOGICAL sense anymore….”Data Q”??? how hilarious…the Old Timers would laugh their heads off at this stuff. Some pimple faced clown from the CSA academy poking around our trucks hunting for “violations”…….really it is kind of funny….

  • jojo

    $7.25hr Flat X 24hrs = $174.00 a day
    = $1,218.00 a week
    =$52,200.00 For a 300 day work year.
    Shouldn’t the beginning drivers earn at least this much!

  • Swamp Thang

    I must argue that you have erred, according to His Majesty, minimum wage should be $10 per hour, so for an experienced, licensed, TWIC, HazMat certified class A cdl holding poorfessional driver, the rate should be at least $15 per hour doubling your estimate of $52,200 to $104,400 which is more appropriate for the time away from home and other hassles we deal with.

  • jojo

    If Co OTR Drivers wages were tied to the minimum wage then their rate would increase when the minimum wage increased.
    A new and inexperienced Co OTR Driver would start at minimum wage for ALL hours spent AT work.
    $10.10hr Flat X 24hrs = $242.40 a day
    = $1,696.80 a week
    = $72,720.00 for a 300 day work year.
    Pay a Driver to do the job and expect the job to get done.
    As long as Drivers are breaking the law to feed their families, money is directed to regulations, enforcement and lawsuits instead of paying the Drivers a reasonable wage.
    An hourly paid Co OTR Driver would be a safer Driver eliminating the need for programs such as the CSA.
    The general public would support Drivers Wages starting at minimum wage.
    $15.00 an hr with overtime/double time for a 168hr week would have little or no support from the public as it would be cheaper to keep creating regulations or to expedite driverless trucks.

  • g

    “broker” is just a nice word for CRIMINAL, Liar, Thief, RipoffArtist, P.O.S. and CHEAT.

  • Gisele

    This whole thing is poop.. If you have 1 or 2 trucks and get stopped 2 times your in a heap of trouble compared to a fleet that has 100 plus trucks that have 2 stops.. Once it is on there they do not or will not take if off.. Totally NOT good.. We know cause we are dealing with it now.. They are trying to ruin the owner-operators and the small guys.. GERRRRR!!!!!!!!

  • g

    Agreed…first we are chased around and examined by High Paid Union Cops….then we spend our free time in truckstops filled with Foreign Drivers from mexico…trucking is basically a waste time today.

  • Gisele

    We have 3 stops and are rated at 97.9 now, so guess what the insurance company did to us?? Yup had to shop and find a new company.. The mexico drivers can go home as far as I am concerned cause they are a good part of why this poop is happening to all of us.. I need to truck though cause it is all I know how to do.. :-(

  • Mercenary Transportation

    All of you have good ideas of how to fix the problems but as usual it will take forever to get corrected ?? In the mean time they rip us to shreds every time we go through the scales ect ect ?? STAY OUT OF THE SCALES PEOPLE !! U want this treatment to continue then keep on driveing right on down the road to the next scale to give them their shot at screwing up your record n putting u out of bussiness ?? Even a stupid animal knows better than to stick its head through the hole in the fence if it gets wacked every time it does this !!!???

  • g

    Heard That….things have changed to the point it aint worth it.

  • guest

    Truckers are being lumped together as a new PEASANT CLASS with illegal alien truckers. Low Class Chumps that need COPS to monitor them and demand that these New Peasants submit to Inspectionsand examinations of their “documents”..including electro logs and Cameras need to OBSERVE this new SLAVE on WHEELS.

  • g

    Modern day truckers are considered PEASANTS by executives, salesmen, dispatchers, Shippers, Recievers, Cops……..basically their time and skills are of no REAL value and they are considered Losers and Lowlifes…easily replaced by a mexican.

  • g

    Trucker is part of the new American Peasant Class…the Walmart shopper class that is being encouraged by The Wealthy……the trucker will mingle with foreign laborers..and live in a truck…..these lowlifes are candidates to be Ripped Off by brokers and any Money Minded Executive they do business with….Even HASLAM..the owner of PILOT felt Free to steal from and cheat American Truckers….his opinion is they are CHUMPS that DESERVE to be Burned….truckers are now dominated by COPS and treated like they are criminals…and looked DOWN upon by everyone.

  • haller

    Did you say UNION ??
    United we stand, divided we fall..

OverdriveOnline.com strives to maintain an open forum for reader opinions. Click here to read our comment policy.