The Federal Motor Carrier Safety Administration’s DataQs process is broken, the Owner-Operator Independent Drivers Association said in recent comments to the agency.
DataQs is the online system for carriers and drivers to request and track a review of crash or inspection data that the requester believes is incomplete or incorrect.
In September, FMCSA proposed creating a process to appeal a state agency’s decision.
OOIDA filed formal comments on Monday, Nov. 13.
“The current Requests for Data Review or DataQs process is broken,” OOIDA wrote. “Determinations are not made in a timely or consistent manner, and too often a determination is made by the same person or agency who issued the initial violation, which creates an inherent conflict of interest.”
The FMCSA proposal would give users a chance to have their requests reviewed if denied by a state agency. The appeals process would include requirements to ensure an independent review of all requests.
OOIDA supports FMCSA’s efforts to update the appeals process but also offered some suggestions on how to do it effectively.
“FMCSA must specify more details about how such a process would be structured and administered to ensure its effectiveness,” OOIDA wrote. “We believe any appeals process must improve transparency, consistency and timely adjudication of DataQs challenges.”
OOIDA suggested that all DataQs challenges should be adjudicated within 60 days and that no data pursuant to an active DataQs challenge should be posted in any agency database.
“We further encourage FMCSA to work with states and ensure that they have an equitable review system in place that establishes an independent appeals process at the state level,” the Association wrote. “OOIDA supports a model that would allow states to set up a five-member review board made up of two representatives of a state commercial motor vehicle enforcement agency, one representative of a state department of transportation, one representative of a motor carrier and one representative of a driver.”
Truck drivers also filed comments saying that changes are needed to the DataQs process.
“I agree with adding a level for appeals, but I think the bigger issue is revamping the DataQs system to include more situations that can be challenged,” truck driver Patrick Weinbauer wrote. “Our company currently has three accidents on our record that are listed as preventable when they were 100% not preventable. However, they don’t fit into any of the categories that would allow us to challenge them. In all three cases, we have video evidence to show we were not at fault.” LL
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