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

| December 02, 2013

inspectionIn an attempt to shore up some of the data quality issues facing the Federal Motor Carrier Safety Administration’s Compliance, Safety, Accountability program and its Pre-employment Screening Program, the agency has unveiled changes to its data collection system that it says will better account for legal processes that take place after a citation is issued for a roadside inspection violation. 

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FMCSA announced the changes Dec. 2 via the Federal Register, saying to this point there’s been no real way for FMCSA to receive updated information on “subsequent adjudication” that occurs with roadside inspection citations after they’ve been uploaded to FMCSA. 

The agency says the changes to its Motor Carrier Management Information will allow it to remove violations from a carrier’s or driver’s CSA score and PSP report if the violation was dismissed or resulted in a “not guilty” ruling. 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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The changes in data collection includes challenges made in FMCSA’s DataQs system, which allows drivers and carriers to dispute citations from roadside inspections. DataQs challenges are forwarded to the state or local agency that issued the citation. 

FMCSA’s state and local partners will update their processes, FMCSA says, to ensure later adjudication of roadside inspection violations make it to FMCSA.

The agency is currently seeking public comment for 30 days on the proposed changes.

Find the full Federal Register notice issued today via this link.

All comments must include the Docket No. FMCSA-2013-0457. Comments can be made via the Federal eRulemaking portal at regulations.gov or can be faxed to 202-493-2251; mailed to Docket Management Facility (M-30), U.S. Department of Transportation, West Building Ground Floor, Room W-12-140, 1200 New Jersey Ave. SE, Washington, D.C., 20590; or hand delivered to the same address. 

  • guest

    Good Luck getting violations over turned….Next time into that weigh station they will have a note in ur file to teach you a lesson..this time you will get Even MORE violations..the cops will High Five each other and laugh at you as when you FINALLY are ALLOWED to drive away…with NEW points on your file.

  • guest

    You can “Data Q” until you are blue in the face…cops will just laugh at you….data Q buruacrats are just like DAC. They dont care about any truck driver…..

  • Shawn Link

    Glad to see it, I litigate every single violation I’ve ever received…problem was couldn’t get data changed. In today’s recruiting, this will be huge!

  • Robin – UT

    I received an OOS violation for different size brake cams on my steer axle in Kingman, AZ. The mechanic showed up and pointed out that they were the same and didn’t change a thing on that axle. The officer wouldn’t even take a second look. I submitted a Data Challenge. It went straight back to that officer who still said the brake cams were different sizes, even with the mechanic’s notes. Normally, I would have no way to appeal the Data Challenge response. However, AZ is one of the few states that has an appeal board. But, it could take months before they even look at my appeal. In the mean time I carry these points for something I never fixed because it didn’t exist. Who’s really going to fix such a flawed system?

  • Sedsaid

    D.O.T.,F.M.C.S.A. are a load of BS that are not helping

  • jojo

    The CSA allowed the officer to be judge, jury and executioner. Why we need this paralel system along with our MVR’s is beyond me!
    It appears that the FMCSA has suffered a set back in their bid for total control over our lives.
    Thank You Drivers for calling your representatives as it is paying off! Looks like we once again will have judicial review as do all other citizens!
    Now we need to fight against EOBR’s! I’m not a criminal.

    If We The People need to surveil me for Your safety, then We The People need to surveil YOU for my safety.

  • jojo

    I made a comment on regulations.gov for the 1st time. It was easy!!!

  • haller

    Is it possible that the FMC-whatever is suffering from sleep apnea, and they ALL should sleep with masks on their faces so they get a real good nights sleep?????
    haller

  • Dave Nichols

    we recently had a similar situation in bonners ferry idaho. inspectors claimed we had 3 out of 4 trlr brakes out of adjustment. drvr took photos of the indicators and all but they still wrote it up. then there is no one to complain to or get the points reversed

  • haller

    The cops are the only TRUE mechanics ,, and as a bullet proof prosecution scam they all have CLD’S with over 100,000 miles of accident free driving…..
    You may disagree but when BIG BUSINESS and BIG GOVERNMENT KILLED JIMMY HOFFA we WORKERS as TRUCKERS were SCREWED…..
    haller

  • Dave Nichols

    camera’s and knowing the law is the best defense. photograph any and all so called violations right on the spot. call your dispatcher if you have one and email the pics to safety and compliance personal right from the site. if repairs are needed for an oos, save all the old parts and take photos. again send to your safety people right from the site. show your time and date stamped photos to the officer. crawl under the truck and shoot the brake adjustments right there. No need for us to fall over and play dead.

  • guest

    The trucker is GUILTY till proven otherwise. The trucker is badgered and abused at weigh station/kangaroo courthouses all across America…the COP is the Hitler SS….his word is FINAL. The trucker is subhuman,lowlife, needs punished in the eyes of all cops, judges, Company Owners.

  • guest

    Yes..take the continual abuse or find another line of work…this industry is for people willing to suffer.

  • guest

    Yes all cops should have masks be monitoredwhile they sleep..Cops are Monitored and probably want to pass along their own frustrations….theyneed whipping boys….trucking is NOW set up nicely to present chumps for Government Cops to abuse.

  • guest

    They put that CRAP on your File and the Damage is DONE. It will show up on your PSP very quickly. Also the Company file is updated every 30 days..it willshow up ON RECORD very fast….But it will take a LONG time IF they ever decide to REMOVE it from your FILES…they are the JUDGE and JURY….no DUE Process will take place with CSA “violations”…mega points for a FLAT TIRE…they assign any amount of “Points” they damn well please…totalABUSE of Government authority….Court proceedings and LAWS of our Land do not apply here….Truckers are manipulated and ABUSED any damn way these Cops feel like doing.

  • guest

    This total CRAP is just like the DAC FILE….Liars will entercrap on YOUR file and never be held accountable…it will be HELL trying to get it removed….

  • guest

    Their is retribution alo by these COPS…if your company Files DATA Q….they TARGET your company as “troublemakers” to discourage your “behavior” of fighting them and their expert opinions. They dont hesitate to “Get Even” because ther supervisor will think they are doing a Bad Job…if a Data Q holds up……this will be one Pissed Off Cop..bet on it.

  • guest

    Questioning Authority?? You lowly trucker dude?? If these cops see a Data Q that questions their EXPERT opinion they will Target you like there is no tomorrow….when YOU or your COMPANY shows up at THEIR weigh station(Hitler Headquarters)…you can BET you will NOT go un noticed….That COP will WANT YOU BAD!!!!! YOU are the problem obviously….YOU have some NERVE to question Authority…with this NEW method YOU will have a RED FLAG next to YOUR name thru OUT the FMCSA…They will NOT take kindly to you PESTERING them and making a FOOL of them……you the lowly trucker will be singled out and you WILL PAY!!! They will probably label YOU and undesireable and a COMPLAINER..making things TOUGH on COPS thru out AMERICA…..BOLO….Be On The Lookout for this complaining Bastard!!! Probably YOU will be audited by the IRS..and Scrutinized…anytime a COP gets ur Driver License into the “system”..a special code…..to at LEAST harass YOU and make you miserable.

  • William McKelvie

    Looking for a good used car? Look no further than the FMCSA lot, they have the bait and switch down to a T. Sheep will applaud though, and give this a thumbs up. Don’t know if this is more in line with a NFL time out, or a used car salesman’s best tool, bait and switch.

  • psycho

    Be careful they will drone attack you if you make them mad.

  • John

    I’ve had enough of the BS from FMCSA, DOT, and the lying companies. I’m retired and NEVER coming back to driving. It’s not worth the hassles and being away from home. I’ll be taking a considerable cut in pay, but I’m sure it will be well worth it,m NOT having to put up with the constant rule changes, by a bunch of DUMBASSES that don’t have a clue what they’re trying to enact, promote, or enforce.

  • guest

    Alot of other drivers are leaving too….the industry has become a P.O.S.

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  • jbg

    I get 3 or 4 data q’s a year that are approved. I dont mind and I dont target companies that have a successful data q with one of my inspections. None for OOS stuff. I always show the driver the violation if its possible. just my 2 cent

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