Judge consolidates OOIDA lawsuits against agency’s violation appeals process

| May 13, 2014

Indiana State Trooper inspection under truck

The Owner-Operator Independent Drivers Association’s two lawsuits against the Federal Motor Carrier Safety Administration’s DataQ’s violations appeals system have been consolidated after the association filed a motion in court seeking consolidation.

Related

Appeals court rolls smaller lawsuit against FMCSA data into OOIDA’s broader DataQs suit

Based on jurisdictional grounds, a U.S. Court of Appeals in D.C. has transferred a case brought against the FMCSA and its inability to remove violations from a carrier or driver's safety record if the violation is dismissed in court or the carrier is found not guilty.

The two cases, OOIDA v. the U.S. Department of Transportatoin and Weaver v. FMCSA, center on the agency’s use of violations against drivers and carriers after the citations were dismissed in subsequent adjudication.

Though the agency has put in motion steps to mitigate this issue, FMCSA’s Motor Carrier Management Information System currently is still unable to remove citations unless a state allows the change.

The MCMIS is the data well from which the Compliance, Safety, Accountability program’s Safety Measurement System scores are derived. It’s also the data used in the agency’s Pre-employment Screening Program.

Related

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 FMCSA, the agency has unveiled changes to its data collection system that it says will better account for adjudication after a roadside inspection violation.

FMCSA published a proposed rule in December that will allow it to remove violations from the MCMIS if a citation is dismissed in court or a carrier or driver is found not guilty. Both CSA and PSP reports would reflect any dismissals.

Until that rule is enacted, though, FMCSA says it does not have the authority to direct states to change or alter data in the system. A state’s final ruling is considered “final resolution of the challenge,” the agency says.

OOIDA’s case against the DOT involves four member plaintiffs that filed for a request to change the agency’s data after a violation was dismissed. But all four requests were rejected, and FMCSA did not alter its data.

Weaver’s case against FMCSA, similarly, stems from a violation against him in Montana that was dismissed but never removed from federal records. OOIDA filed a lawsuit on his behalf.

OOIDA filed its motion to consolidate the cases April 28, and U.S. District Judge Beryl A. Howell granted the request April 29, according to court documents.

  • Trandy Barnes

    How can I join this lawsuit I have the same problem and a problem with a citation that’s on my company information that doesn’t belong to my company and they still haven’t remove it yet

  • Jack Simon

    If the court says that the information must be removed, then you can wait a couple of months and see if the info is still there. If it is, then request it be removed. I am sure they will have some new regs telling how to request it.

  • Gus Deason

    I got a warning ticket in AZ. It’s now on my CSA score. I’ve tried to fight it was informed that it’s awarning and I’m stuck with it

  • guest

    The trucker is going to HAVE to receive More Pay to put up with all this Bull Crap…the trucker has to deal with CSA, PSP, and DATA Q….which were words never spoken before 2010……..this is all the NEW TRUCKING designed by techie NutJobs…..now where is the Extra Money??? If we have to listen to High Tech lunatics…..start PAYING for wasting our time with this REDICULOUS witch hunt craziness. They are totally Out Of Control..with all this fancy “data collecting” and Monitoring and Inspecting..leaving us very LITTLE time to haul freight!!!!

  • guest

    Thats a cute picture….the driver getting cited for all kinds of crap…however his PAY has not INCREASED after adjusting for inflation….for 30 years!!!
    Still the same poverty level BULLCRAP….no PAY while “DETAINED”by these COPS either…..if you want to be screwed every which way theTrucking is for YOU. Join today and be away from your WIFE and live in Poverty while COPS rape you on a daily basis…and your dispatcher shouts at you and abuses you and you are treated like DIRT. lol

  • idontknowyou

    I’ve had this happen to two buddies – one was cited for an accident and all he did was stop to see if everyone was ok. Wasn’t involved, no vehicle contact, even the other drivers said it was their fault. Cop cited him, court threw it out, still on his CSA! Even better – another buddy was at home, in bed, asleep. His tractor and trailer were parked IN HIS YARD – some kid drove through his fence and hit the trailer – DOT recorded it as a preventable accident requiring towing and it’s on his record.

  • Dee

    I had an incident where the Georgia Dept of Motor Revenue made an error on my IFTA and happened to get shipped by DOT in Florida and was loaded. Obtained an 1800.00 ticket had to get a permit to continúe to drive. After proving it was Georgia that made the error , I had to appeal it with Florida and won, had to pay the 1800.00 upfront before I was able to appeal. That citation is still posted.

  • cw

    sounds like New York City arrest the victim