OOIDA sues agency over violation appeals process

| May 24, 2013

The Owner-Operator Independent Drivers Association’s is once again suing the Federal Motor Carrier Safety Administration over the agency’s driver records and its DataQs appeals process — the second lawsuit OOIDA has brought dealing with DataQs.

FMCSA’s safety records are used by the agency’s Pre-Employment Screening Program and its Compliance, Safety, Accountability program. DataQs is the system drivers use to appeal any violations they feel have been wrongly counted against them. When a driver submits a DataQ challenge, it is returned to the state where the alleged violations originated.

OOIDA filed its most recent petition for review May 10 in the U.S. District of Columbia appeals court. OOIDA filed on behalf of OOIDA member Fred Weaver, who Montana authorities cited for not stopping at a weigh station.

Weaver missed the stop, but immediately turned around and went to the weigh station. A Montana court dismissed that ticket without prejudice and state officials removed it from his motor vehicle record.

Last March, FMCSA officials denied Weaver’s and the association’s request to purge the incident from its Motor Carrier Management Information System database. OOIDA has asked the court to require the agency to remove the alleged violation from its records.

FMCSA Spokesman Duane DeBruyne declined comment, citing agency policy of not commenting on litigation.

The court set motions deadlines through June 27, but has not yet scheduled oral arguments.

Last July, OOIDA filed its first case over the integrity of the FMCSA’s driver data and the agency’s dispute resolution. It alleged the agency is not in compliance with the Fair Credit Reporting Act, the Privacy Act and the 2005 highway appropriations law.

The association stated the FMCSA released records of alleged violations to potential employers before drivers had their day in court and refused to delete violations, even if a court exonerates them.

That case, filed in the same court, is still pending.

  • http://www.facebook.com/dave.nichols.75 Dave Nichols

    Time for a sutdown. summer is coming and we need a vacation. We can then spend some time leaning on our so called elected representatives to rein in these beaurocrats who seem to think they are god’s gift to the world.
    Who ever desirgned this csa monitoring system was not versed in law or the bill of rights.
    The system has almost nothing to do with improving safety, and everything to do with power and control.
    For those who are not professional drivers, let me warn you, your turn is coming. modern automobils already have the onboard technoligy to transmit your locations, speeds, vehicle condition, etc to roadside montoring devices and when you start finding strange notices in your mailbox, it will be too late.
    Wake up America !!

  • Big Jim

    I’m with ya Dave.

  • No Reform

    Adolph Hitler would be proud of the FMCSA and would order to keep thingsthe way they are! More Control..More Tyranny…Squash the “little guy” like a BUG!!

  • http://twitter.com/Sportsbozo1 Charles Champagne

    Dave I already am in shutdown mode. I quit my job at a major trucking company and won’t go back. The laws of the road have changed so dramatically over the last 7 years it’s too much of a PIA to keep America rolling! Let the bums starve and eat the their lawbooks.

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