DOT takes steps to improve DataQ process

The Owner-Operator Independent Drivers Association has never pulled any punches when giving its opinion about the current DataQ process.

The Federal Motor Carrier Safety Administration’s data review process – known as DataQ – “is broken,” OOIDA Executive Vice President Lewie Pugh told members of a House subcommittee in March.

“This system is supposed to provide carriers and drivers a fair way to challenge potentially incorrect citations or FMCSA data,” Pugh said. “Unfortunately, determinations are not made in a timely or consistent manner, and too often a determination is made by the same person who issued the initial violation, which creates an inherent conflict of interest. This is problematic, because unmerited violations and inaccurate information on an owner-operator or professional driver’s safety record can negatively affect their employment or increase their insurance costs, among other consequences.”

OOIDA also pushed for DataQ reform through formal comments to the agency in 2023.

“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 DataQ challenges.”

The message was received. As part of a “Pro-Trucker Package” that includes nine actions, the U.S. Department of Transportation announced on June 27 that it was taking steps to reform the DataQ process.

“The agency is proposing revisions to the DataQ requirements for Motor Carrier Safety Assistance Program grant funding to ensure proper due process for drivers,” the DOT wrote. “The goal is to improve the impartiality, timeliness and fairness of the data review process.”

FMCSA notice

On Tuesday, July 1, FMCSA published a notice with details about its proposal to improve the appeals process.

FMCSA’s proposal would require states to incorporate a multi-level review process for Request for Data Reviews, escalating the review from the DataQ analyst in the state MCSAP Lead Agency to a responsible decision-maker or panel of subject matter experts. Each state would be required to submit a DataQ Implementation Plan to FMCSA detailing how its agency would meet FMCSA’s requirements for each stage of the data review process.

General requirements

States must establish points of contact for crash and inspection requests for data reviews.
States must accept and conduct a good-faith review of all inspection-related requests for data reviews that are submitted within three years from the date of inspection and, for all crash-related requests, for five years from the date of a crash.
States must follow FMCSA’s policy related to adjudicated citations.
State MCSAP Lead Agencies must submit a DataQ Implementation Plan for how the agency would meet the objectives and requirements of the initial review, reconsideration review and final review processes. In addition, the plan must outline how the agency would address any existing backlog of requests for reviews and what steps it would take to prevent a potential backlog.
States must submit an Initial DataQ Implementation Plan that must be approved by FMCSA. Updates to the plan must be submitted as part of the annual Commercial Vehicle Safety Plan process.
States must participate in FMCSA program reviews of their DataQ processes and procedures, as required for current existing MCSAP programs.

How to comment

FMCSA will accept comments on its DataQ proposal through Sept. 2. To make a comment, go to the Regulations.gov website and enter Docket No. FMCSA-2023-0190.