FMCSA Proposes to Fix DataQ System When Reviewing Appeal Requests

Violation challenges are the number one reason owner-operators utilize the DataQ system, but they are the least-successful category of challenge where only 39% were successfully changed, according to the FMCSA.

While the proposal has been floating around for some time, FMCSA proposed on the development and implementation of a federal appeals process for Requests for Data Review (RDRs) submitted to the agency through its DataQ system.

The problem they are trying to solve is the fact that most DataQ appeals are decided by the same state law enforcement agency that initially wrote the violation.

This is potentially good news for the DataQ system where, if you notice incorrect information in your PSP report or the CSA Safety Measurement System (SMS), companies and drivers can fight and remove these records that could be keeping your scores or insurance rates high.

FMCSA says there are thousands of DataQs with incorrect information that are corrected every year. Now, just imagine how much incorrect data is left unchecked and could be hurting your CSA scores right now.

FMCSA is accepting comments on the proposal, and is asking the public for feedback on 6 main questions:

1. Should FMCSA appeals be considered for RDRs that are not related to the interpretation or understanding of regulations, policy, or standards?
2. If so, what are some examples of RDRs that should be reviewed in an appeal?
3. Some States and program offices have created review boards and panels with processes for managing requests or referrals that occur during the initial RDR review or an RDR Reconsideration. How would the addition of the FMCSA appeal impact these review boards and their processes?
4. What burdens, if any, will States face when updating their source data when notified in DataQs of an FMCSA appeal result that requires a data change?
5. FMCSA appeals may identify instances where this clarity could be helpful for future RDRs and RDR Reconsiderations. Are there recommended practices for disseminating appeal outcomes?
6. Are there any factors that FMCSA should consider relating to its proposed requirement for a separate reviewer, independent from the initial reviewer, for program office review for all RDR Reconsiderations?

In addition to this proposed appeals process, FMCSA also intends to work with its state law enforcement partners and local FMCSA offices to ensure that RDR reconsideration requests are reviewed by someone other than the person who conducted the initial RDR review.

What can CNS do for me in the DataQ system?

Actively managing your safety measurement system (SMS) scores and PSP reports is crucial to the success of Motor Carriers.

As compliance experts, CNS staff are basically doing law enforcement’s job to prove they made a mistake. We have built a great rapport with the FMCSA challenging DataQ’s and have the experience and expertise to determine what can and cannot be challenged.

Our DOT Compliance Specialists are well-versed in the FMCSA rules and regulations, as well as what an officer is required to note in their report.

When filing a challenge, CNS can help you use language that shows intent to be thoughtful, clear, and concise in describing what the error is believed to be.

Whether you would like our DOT Specialists to challenge one DataQ or conduct a monthly analysis of all roadside violations to potentially challenge, we have a cost-effective solution for your company.

We can:

• Request copies of an Inspection Report
• Contest incorrect, multiple-listed, or missing IEP/shipper information
• Contest citations with associated violation
• Contest violations assigned to wrong motor carrier or driver
• Identify issues, such as crash duplicates, missing records, or crash reports containing incorrect information
• Establish a crash-preventability program