CSA changes: Agency implements plan to account for due process in inspection citations

| August 25, 2014

Violations against drivers or carriers that are dismissed or result in a “not guilty” ruling will no longer count in Compliance, Safety, Accountability scoring nor on driver Pre-Employment Screening Reports.

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The Federal Motor Carrier Safety Administration announced Aug. 25 that the changes made final in June have gone into effect. The changes account for due process and any legal processes that come after roadside citations are issued.

The changes will allow staff working within the agency’s Motor Carrier Management Information System to remove violations from its system if the violation was dismissed or resulted in a “not guilty” ruling.

The MCMIS data well feeds the agency’s Safety Measurement System, the key element of the CSA program. MCMIS data also feeds drivers’ PSP reports.

However, drivers and carriers will not have their data changed for citations issued prior to Aug. 23: Only citations issued after that date and overturned will be changed in the MCMIS.

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Overdrive Senior Editor Todd Dills wrote at length about some of the then-coming changes in August installments of his CSA’s Fallout series, which ran this month. As the relevant piece notes, some in the industry have seen a change in the way officers write citations, based on FMCSA’s changes.

Click here to see the full story, “The shifting enforcement target as states move on driver violations”.

The story also includes this chart, which breaks down what changes will be made to a citation given subsequent judicial action:

Courts adjudicated citations Challenges to the agency’s MCMIS (like those made after a court dismisses a citation) will continue to be made through the DataQ’s system, via Roadside Data Review requests.

FMCSA will direct the state in which a citation occurs to change the results in its system after successful RDR submissions, the agency says.

The Owner-Operator Independent Drivers Association has brought several lawsuits against the agency over its use of roadside citations in its data in which due process was not accounted for. The lawsuits are still ongoing. Click here to read the latest news from them, from April.

  • Truck 928

    So it only took 4 years for this………

  • mackpete

    How many trucking co. did they harm or wreck by taking a basic right away, and giving cops ultimate power to write how much and what ever they wanted. No questions asked.

  • guest

    Due Process in the cops mind is you are a trucker and you must be guilty of something….you need a Fat Citation…lol

  • guest

    Darn right. All the decisions BEFORE Aug 23 were possibly BOGUS but will STAND????

  • guest

    Only after they are threatened with LAWSUITS do they decide the “law” needs to be changed??? Hitler police tactics for sure.

  • guest

    Its all a sick joke on the trucker….now they want to poke a Camera in his face and “monitor” him (for his own good of course) and he needs a Speed Limiter…and Elogs of course….who would want to be ABUSED like this???? Its worse than ever today.

  • USMC 69/75

    Only if YOU let them!

  • USMC 69/75

    Now the only question is…………………. How many drivers and small company’s are going to stand and fight when they are illegally cited?
    If I were a betting man, I’d say the % will be very low.

  • gus deason

    This still doesn’t help when your issued a warning ticket.

  • Edwards Mike

    It won’t matter anyway all they will due is issue an inspection and put the violation on it where you have to recourse to fight it once it’s on your safety record that’s it because you can’t fight a violation on an inspection

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