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 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.
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.
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.
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.