“Before, if you just got a bad pinch, it basically might have gone into the circular file unless it was an out-of-service violation. Now, people need to monitor these violations and challenge wrongful citations. You can say that until the chickens come home, of course, but if you’ve got jurisdictions that are not able to see the issue responsibly, there are going to be big problems.”
Larger carriers have had DataQs problems themselves. Several states have told companies they won’t be correcting DataQs entries involving speeding citations in which the law enforcement officer copied the wrong CDL number. Osterberg says those mistakes happen frequently. “We have a full-time person who all she does is manage DataQs requests,” he says.
Osterberg adds that a relatively small number of carriers had accessed the DOT website to check CSA scores in late 2010. The more carriers and drivers access it and the PSP site to monitor and manage scores and data, the entire DataQs system could get overwhelmed.
OOIDA assists member owner-operators and drivers in filing DataQs challenges, and Gooch says he’s available to advise on making challenges (his formal service, through which he will handle the challenge himself, is available for $75), just as he did for free with driver Webb.
Gooch considers the due process issues of prime legal importance. “There’s a lot of information being looked at in law firms around the country,” he says, referencing discussions he’s had with several. “They’re looking at it all for class-action lawsuit potential and from the constitutionality side as well.”
For his part, Webb says, he’s only partly vindicated by removal of the two marks on his record. It’s just a small victory in what he sees as a larger war that’s “still raging. If you get wrote up for something and a judge in a court of law says you’re not guilty of it, it doesn’t seem to matter [under CSA]. If it’s on there, it’s going to stay. I do not agree with that.”
Are you getting inspected more or less since CSA’s new Safety Measurement System went live?
Most drivers report inspection levels in equilibrium since SMS results went live and Inspection Selection System changes under CSA significantly increased the number of carriers prioritized for inspections. See “Emerging Inspection Technologies” on p. 24 for the new CSA safety rating system’s potential to gain virtually complete coverage with new technology.
About the same — 64%
More — 28%
Less — 8%
CSA ONLINE SUPPLEMENT
Visit truckersnews.com for a special supplement with additional information on:
• Obtaining information from your PSP report through the Freedom of Information Act
• Making DataQs challenges to your inspection records
• How CSA is affecting roadside service calls
• A new avenue to obtain a CSA driver scorecard and more.
Taking CSA Temperature
How is the CSA safety rating and enforcement program most affecting you?
Increased cooperation from shippers: 1%
Better pay/rates: 2%
Increased highway safety: 3%
Difficulty finding jobs: 5%
More time in the shop: 9%
Hassle from my employer/lessor: 17%
Fewer miles: 17%
I don’t know: 18%
It’s not affecting me: 28%
What do you think of CSA 2010 being renamed Compliance, Safety, Accountability?
Makes no difference — it’s the same program: 43%
Renaming is a waste of federal money: 42%
I didn’t know it had been renamed: 11%
It’s a more precise name for the program: 4%
New ISS Algorithm Targets More for Inspections