OOIDA sues over accuracy of safety records

| July 16, 2012

The Owner-Operator Independent Drivers Association has filed suit against the Federal Motor Carrier Safety Administration over the accuracy of its Pre-Employment Screening Program information.

The association and four of its members filed its complaint for declaratory and injunctive relief July 13 in the U.S. District Court, District of Columbia Circuit.

The agency has not met its congressional mandate to ensure the accuracy of safety records of truckers and carriers contained in its Motor Carrier Management Information System before it releasing it to prospective employers through PSP, OOIDA stated.

The agency stated it is currently reviewing the lawsuit.

Three of the plaintiff drivers received citations during routine inspections, but courts later declared them not guilty or dismissed the cases. When the three provided evidence of this to DataQ, the agency’s dispute resolution system, the information was not corrected.

Later, the association wrote FMCSA Administrator Anne Ferro to clear their records, but the issue remained unresolved.

The lawsuit includes a request that the court order the agency to remove the following inspection report data from MCMIS:

  • Identifying alleged violations when there has been no judicial determination of drivers’ guilt under state law.
  • Involving alleged violations where a court has dismissed the case or found the driver not guilty.
  • Inspection reports other than commercial motor vehicle accident reports concerning safety violations where the DOT Secretary has not determined the violation constitutes a “serious driver-related violation” under federal code.
  • Marty Marsh

    Why does it always have to come to this,when a judge has to order them to remove this information.I would say it shows how inept they are,not to mention it is just another goverment agency collecting a pay check off of the tax payers back for nothing.They are trying to show their worth by showing everyone there is nothing but crazy rogue truck drivers running amuck just to justify themselves.
    Have you ever asked yourself,gee,I wonder how many truck drivers got up this morning with the intentions of killing someone?The goverment keeps spending your money to protect you from yourself,it time to grow up.

  • fedup

    I agree Marty.
    Its the same as all the other new B.S. laws, rules, and regulations that they are coming up with from some guy/girl to justify their paycheck and sits in a cubicle and hasnt the first clue about trucks besides what they read in a book or saw on the news.
    They can say its for safety all they want however the only reasoning behind it all is another form of revenue for the states and government.
    They want better safety? Why not start by making all car drivers either getting their license for the first time or renewing to take a short intro into trucks so they better understand the braking, turning, and blindspots of trucks??

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