FMCSA finalizes changes to data collection to account for due process in roadside citations

| June 03, 2014

Indiana State Trooper inspection under truckStarting Aug. 23, the Federal Motor Carrier Safety Administration will implement changes to its data collection system to account for any legal processes that come after roadside inspection citations are issued, which would result in removal of those violations from a driver’s or carrier’s record.

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The draft report issued April 30 from the CSA Subcommittee of FMCSA's MCSAC advisors included a large section on potential methods of improving the scoring system.

In a Final Rule notice scheduled for publication June 5, FMCSA says the changes will allow its Motor Carrier Management Information System to remove violations from its system if the violation was dismissed or resulted in a “not guilty” ruling.

Data from the MCMIS feeds the agency’s Safety Measurement System — the heart of its Compliance, Safety, Accountability program — and its driver Pre-employment Screening Program reports.

Both programs could be affected by the change, FMCSA says. The changes, however, will not be applied to citations issued before Aug. 23.

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Presently, FMCSA has no way of accounting for dismissals or “not guilty” verdicts in its system, which has drawn the ire of the trucking industry since the data began being used to rank carriers in the CSA program.

CSA scores and PSP reports will be altered accordingly under the new rules, however, if a carrier or driver’s charge is dismissed or they’re acquitted.

FMCSA will retain the violation and indicate it resulted in a different or lesser charge and change the severity weight in the carrier’s CSA Safety Measurement System if adjudication results in conviction of a different charge.

If the carrier is convicted of the original charge, both the CSA and PSP records will retain the violation.

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Challenges to the citations will continue to be made through the agency’s DataQ’s system with Roadside Data Review requests, the agency says.

Upon successful submission of an RDR and a review by FMCSA, it will direct the state in which the violation occurred to change the result in their system.

The agency first released the proposed changes in December and sought public comment for 30 days. It says it received 111 comments on the rule, and 70 of them supported the proposed changes.

Find the agency’s full Federal Register notice here. 

  • guest

    Oh yea…there has not really been a provision…dealing with “DISMISSAL or Not Guilty foundby a JUDGE??? What could he know?? If a CSA cop deems you guilty….its final.

  • guest

    Dont worry about contesting the judgement of the pimple faced CSA “inspector”!!! His determination is FINAL!!! Give him the hitler slalute and be gone!!! Truckers only need to OBEY!!!! None of this court stuff…comply!!!!!

  • Kurt Keilhofer

    So instead of issuing violations, they will just issue warnings which can’t judicated, but yet will result in CSA points.

  • jojo

    So far as I can tell, this CSA program is a waste of the taxpayers money. This system shows false results that allows the public to believe that they are achieving results that lead to safer roadways.
    I’ve had three full blown inspections in the past 8 years! 25yrs ago I would get fully inspected every couple of months. Spreadsheets have taken the place of inspections.
    There is a price to pay for Safety yet wages and rates remain stagnant while they spend tax dollars putting on this charade.

    Three Ways to Send a Message
    1. Inform your Carrier that you will be taking off at least 3 days during the week of 10/31 thru 11/7. By doing this, You have just told your carrier, the ATA and the shippers/receivers that things need to Change.
    2. You, Your Family and Friends NEED to Call your elected officials in DC. Inform them of your issues at 202-224-3121. It’s EASY and Fast!
    3. Go Home To VOTE! Federal Election Day is 11/4/14.

  • jon

    as it is now, just receiving a ticket for no fine, no OOS, it still goes on your record. Haven’t even been adjudicated. It goes on your CSA score.

    Clean level one other than a single warning from Mr DOT. it STILL went on my CSA score.

  • martymarsh

    What a scam.

  • Terry

    They just want the corporations out there. We all should have parked our trucks for three days starting June 3rd. There is no one fighting for us period….

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