Why Carriers and Drivers Need Help When Challenging Violations With The DataQ Process

Why Carriers and Drivers Need Help When Challenging Violations With The DataQ Process

In 2019, FMCSA data shows that nearly half of the 54,000 DataQs were filed for inspections/crashes assigned to the wrong carrier or driver (for example, duplicate records in the system).

While it is often said “knowledge is power”, really it is “understanding of the knowledge” that is real power.

Too many motor carriers do not have the time or resources to make sense of their CSA data and is the reason why fleets end up not knowing that non-preventable crashes are harming their CSA scores.

If you notice incorrect information in your PSP report or the CSA Safety Measurement System (SMS), the DataQ process is there to help companies and drivers fight and remove these records that could be keeping your scores or insurance rates high.

Read more: Understand Three Important Trucking Tools For Hiring and Roadside Inspections

FMCSA says thousands of incorrect information-type DataQs are corrected each year. Just imagine how many incorrect data is left unchecked and hurting your CSA scores right now.  

Why You Need Help With The DataQ System And Process

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.

The problem with the DataQ process is that navigating the system can be challenging and dealing with state departments’ decisions that are often complex or end up as a single judgment call by the original inspecting officer can be frustrating.

Oftentimes, getting the DOT officer to admit they were wrong is half the battle, but it may take multiple appeals by the carrier to get an in-depth review.

Navigating the system itself can be one challenge, but the most common hurdle is gathering enough evidence to make a convincing case.

Before starting a DataQ process, challengers should make sure they have the officer’s report number for the record being challenged, a police accident report, and any other required or relevant evidence for the case.

Even with clear evidence, fixing errors in the system can be difficult and time consuming when a filing gets rejected.

That whole time, which can take months, the violation is in the CSA score system and damaging your CSA score, insurance rates, and ability to do business.

For crash-related information, only 43% of driver challenges were overturned while carrier service providers, like CNS, have nearly a 60% success rate.

While larger fleets may be able to afford hiring a compliance expert to manage the DataQ process, using a third party to organize a DataQ challenge, review your CSA scores, pull PSP reports, or manage compliance reviews will help you make sure your records are fair and accurate.

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 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 on 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

Call one of our DOT Compliance Specialists at 888.260.9448 to discuss your options or you can request more information in the form below.

DataQ

Understand Three Important Trucking Tools For Hiring and Roadside Inspections

The DataQ System can help fight and remove incorrect records that could be keeping your scores or insurance rates high.

Every year the American Transportation Research Institute (ATRI) releases the top concerns affecting the trucking industry. As expected, the latest survey revealed that the shortage of qualified truck drivers and cost of trucking insurance remain top concerns.

These issues will continue  to be a problem for years to come. However, there are tools that fleet managers, owner-operators, and truck drivers should understand that could help simplify the hiring process and possibly reduce trucking insurance rates.

These tools include:

  • Pre-Employment Screening Program (PSP) Reports
  • Inspection Selection System (ISS) Scores, and
  • the DataQ Process

PSP Reports Used In Trucker Hiring Decisions

The FMCSA created the Pre-Employment Screening Program (PSP) to help carriers make more informed hiring decisions. This database includes a commercial driver’s five-year crash and three-year inspection history from the FMCSA Motor Carrier Management Information System (MCMIS) which is largely the same data used in the carriers CSA performance measurements.

PSP records are simply a history of violations without scoring like in the CSA score system and are available for companies hiring commercial truck drivers.

Fleets can use the three-year roadside violation history and 5-year crash history alongside a driver’s employment history to analyze a their potential driving habits.

These reports are also valuable for truck drivers looking for jobs, which keep them informed of their current record  and any potentially incorrect data that could be challenged and removed with the DataQ process. A driver likely looking for a new job should pull a report at least twice per year to verify their record is accurate.


Need more information?

Our DOT Compliance Specialists will give you a free estimate and can also answer any questions you have regarding DOT Compliance, Trucking Insurance or any other questions related to the Transportation Industry.

ISS Scores Helps Roadside Inspectors Pull Drivers For Inspection

Usually, inspectors look for physical defects and spot visible violations that warrant a truck to be pulled over for a full roadside inspection.

However, inspectors have additional tools to determine if a roadside inspection is recommended.

When rolling into weight scales, inspectors’ computer terminals quickly pull basic information on the truck, driver and company. One of the data points is the “Inspection Selection System” or “ISS” Score.

These scores combine CSA score percentage, out-of-service rates, crash data, and previous audit information. If the ISS Score is high, an inspection is warranted. If the score is not too high and considered “optional”, it still may be worth it to an inspector to look at the truck pulling through.

Fleets can find their ISS score through their FMCSA Portal or if logging into the SMS system.

DataQ is Used To Clear Incorrect Information Harming Your Fleet

If you notice incorrect information in your PSP report or the CSA Safety Measurement System (SMS), there is a tool—DataQ System—to help fight and remove these records that could be keeping your scores or insurance rates high.

When you want to challenge an incorrect violation, a crash that meets the challenge guidelines, or an inspection assigned to you by mistake, you can achieve this through the DataQ process.

DataQ is the online system for drivers, motor carriers, Federal and State agencies, and others to file concerns about Federal and State data maintained in MCMIS and released to the public by Federal Motor Carrier Safety Administration.

The most important part of the DataQ Process is gathering the best supporting documents when making your case. This may include ELD data, video records, and more. There is a limit to how many times you can challenge that same violation, so being thorough the first time will help you win your case.

If you have an eligible crash that occurred on or after June 1, 2017, you may submit a challenge with compelling evidence to prove the crash was Not Preventable. During the Demonstration Program, eligible crashes are limited to the following:

  • Commercial Motor Vehicle (CMV) was struck by a motorist driving under the influence of illegal substance (or related offense)
  • CMV was struck by a motorist driving the wrong direction
  • CMV was struck in the rear
  • CMV was struck while it was legally stopped or parked, including when the vehicle is unattended
  • CMV struck an individual committing, or attempting to commit, suicide by stepping or driving in front of the CMV
  • CMV sustained disabling damage after striking an animal in the roadway
  • Crash as a result of an infrastructure failure, falling trees, rocks, or debris
  • CMV was struck by cargo or equipment from another vehicle

What can CNS do for me in the DataQ system?

We have built 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 on their report.

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.
  • Citation with associated violation
  • Assigned to wrong motor carrier or driver
  • Challenging a DOT Audit/Investigation
  • Challenging a fine as a result of a Notice of Claim or Notice of Violation
  • Crash duplicates, record missing, crash report contains incorrect information, crash preventability program*

For more information, contact us at 888.260.9448 or info@cnsprotects.com.

FMCSA Extends Expiring CDL and Medical Card Waiver

FMCSA has extended a temporary CDL and medical card waiver if expiring after March 1, 2020

CDL and Medical Card Waiver Extended Until May 31, 2021, Due To COVID-19

The Federal Motor Carrier Safety Administration (FMCSA) has extended a temporary waiver that deals with expired commercial drivers licenses (CDLs) and medical cards after March 1st, 2020, due to the COVID-19 health emergency.

The extended waiver now gives drivers until September 30, 2020 to renew their commercial driver’s licenses, commercial learner’s permits and medical cards. This extension only applies to drivers whose CDL, CLP or medical card expired on or after March 1.

Additionally, drivers with an expired medical card are required to carry a paper copy of the expired medical card until it is renewed and drivers with DOT medical cards, issued for at least 90 days, that expire after March 1, 2020 may continue to operate without a new DOT physical exam.

The original temporary FMCSA waiver was set to expire June 30. However, the government recognized that state licensing facilities and medical offices performing DOT physicals may be closed or have restricted hours or staffing.

The FMCSA also issued an Enforcement Notice, explaining that it will “exercise its enforcement discretion to not take enforcement action” against drivers and motor carriers that fall under the terms of the waiver. However, we have seen some roadside enforcement still give violations out when drivers are meeting the waiver guidelines.

Compliance Navigation Specialists can help with DataQ’s, Call 888.260.9448 to talk to a specialist.

These incorrect violations can be challenged with the DataQ process and CNS can help. Our consultants are well-versed in the FMCSA rules and regulations, as well as what an officer is required to note on their report. Whether you would like our consultants to challenge one Data-Q, or review all roadside inspections monthly to report which violations are able to be challenged – we have a cost effect solution for your company.

Regarding accident reporting, each employer must notify FMCSA within 5 business days of an accident involving any driver operating under the terms of this waiver. For more information on accident reporting during the waiver, go to the FMCSA press release.

CNS collection sites and network of collection sites are open for DOT physicals and required drug and alcohol testing. Schedule a DOT physical or drug test by calling CNS today at 888.260.9448.


DOT Compliance Services

Simplify the entire physical, drug consortium and DQF process

Our complete Proactive Safety Management (PSM) program has been organized to get you through an FMCSA audit by managing your driver qualification files, drug consortium, Electronic Logging Devices (ELD), vehicle maintenance and more.

Whether you are a large trucking company that is onboarding drivers quickly or a construction outfit with multiple trucks in your fleet, you need to stay aware of FMCSA regulations.

For more information, contact us at 888.260.9448 or info@cnsprotects.com.