WASHINGTON — Truck drivers and motor carriers who believe their safety records contain errors now have a more consistent process for challenging that information — no matter where the violation was recorded.
All 50 states, Washington, D.C. and U.S. territories have implemented updated requirements for reviewing challenges to commercial motor vehicle safety records, according to a statement released Oct. 16 by the Federal Motor Carrier Safety Administration (FMCSA).
The changes to FMCSA’s DataQs program establish standardized procedures, deadlines and a three-stage review process for truck drivers and motor carriers seeking to correct inaccurate or incomplete safety information.
DataQs allows drivers, motor carriers and other stakeholders to request reviews of federal and state crash, inspection and violation records. The accuracy of those records can affect a carrier’s safety profile and compliance history.
“Truck drivers and motor carriers deserve a fair shot when they believe their safety record contains inaccurate information,” said FMCSA Administrator Derek Barrs. “We promised the trucking industry that we would strengthen the DataQs process by improving timeliness and enhancing due process, and we are delivering.”
Three levels of review
Under the revised requirements, states and territories receiving Motor Carrier Safety Assistance Program (MCSAP) funding must provide a three-stage process for handling Requests for Data Review (RDRs).
The process includes:
• Initial review: A request challenging safety information must be reviewed through a process that prevents the officer who issued the original citation or inspection report from being solely responsible for denying a correction.
• Reconsideration: If the initial request is denied, the driver or motor carrier may seek a second review conducted by subject matter experts who were not involved in the initial decision.
• Final review: A senior decision-maker or independent panel conducts the final review.
The updated standards also establish deadlines for each stage. Initial reviews must be completed within 21 days, reconsideration decisions within 21 days and final reviews within 45 days.
States must provide detailed explanations for their decisions, including the evidence considered and information about any additional review options.
Additional requirements for states
Under the revised program, states must designate points of contact for crash and inspection reviews. States are also required to consider requests submitted within three years of an inspection or within five years of a crash.
In addition, state MCSAP lead agencies must submit implementation plans outlining how they will comply with the requirements, address existing backlogs and prevent future delays.
FMCSA has made the approved state implementation plans publicly available through its DataQs system.
The updated requirements were announced in April following a public comment process that included input from motor carriers, drivers, state enforcement agencies and other stakeholders.
What the changes mean for drivers and carriers
The revised process is intended to address longstanding concerns about inconsistent review procedures, lengthy response times and situations in which the officer responsible for an inspection or citation also participated in deciding whether the information should be corrected.
While FMCSA reports that all states and territories now meet the revised requirements, the agency’s announcement does not provide nationwide performance data demonstrating whether the changes have reduced review times or increased the number of corrections.
Drivers and motor carriers remain responsible for providing evidence to support their requests for corrections.
More information about the revised requirements and individual state implementation plans is available through FMCSA’s DataQs Help Center.
Linda Garner-Bunch has been with The Trucker since 2020, picking up the reins as managing editor in 2022. Linda has nearly 40 years of experience in the publishing industry, covering topics from the trucking and automotive industry to employment, real estate, home decor, crafts, cooking, weddings, high school sports — you name it, she’s written about it. She is also an experienced photographer, designer and copy editor who has a heartfelt love for the trucking industry, from the driver’s seat to the C-suite.
