Fairness and transparency. Those are pretty basic requests, but these are things truckers have been seeking for years when it comes to the Federal Motor Carrier Safety Administration’s DataQ process.
A provision in the House Transportation and Infrastructure Committee’s highway bill would attempt to provide truckers with an impartial system.
DataQ is an electronic system run by the FMCSA that allows motor carriers, drivers and safety officials to request a review of data in the agency’s databases.
The BUILD America 250 Act, or HR8870, would improve the DataQ appeals process. Specifically, the FMCSA would require states to establish a process that provides a review by someone other than the issuing officer. A common complaint from truck drivers was that the appeal was determined by the same person or agency that issued the initial violation.
Additionally, the bill would require a timely adjudication of appeals.
“An appeal of the disposition is decided in a reasonable period of time by a person or persons other than the person that issued the violation,” the bill’s text states.
The push for a fairer and more transparent DataQ process has been a priority for the Owner-Operator Independent Drivers Association.
In addition to the highway bill, there has also been some positive momentum on the regulatory front regarding the DataQ system. The highway bill would ensure that the agency completes those changes within a year.
In April, FMCSA announced that it was taking steps to address longstanding problems.
The revised requirements establish a more streamlined framework for handling Requests for Data Review, specifically for states receiving Motor Carrier Safety Assistance Program (MCSAP) funding from FMCSA.
“OOIDA has been leading the fight for a more fair and transparent DataQ system and (the) announcement is the culmination of our efforts,” Association President Todd Spencer said. “For years, we’ve highlighted the frustrating lack of due process, which routinely made it impossible for owner-operators and professional drivers to correct clearly inaccurate safety data. Unlike larger fleets, a singular erroneous violation can have devastating consequences for a small trucking company, which is why we pushed so forcefully for these changes.”
Pro-trucker highway bill
You’ve probably heard that OOIDA is calling the BUILD America 250 Act the “most pro-trucker highway bill in recent memory.”
The DataQ provision is among the reasons. But the T&I committee’s highway bill is full of measures that OOIDA prioritizes.
Those measures include:
Although the House T&I’s highway bill is full of pro-trucker provisions, there is still work to be done before it is signed into law.
The BUILD America 250 Act must advance on the House floor and in the Senate before it can be sent to the White House. There’s also a time clock as the current highway bill expires in September.
OOIDA is asking truck drivers to visit its Fighting For Truckers website and send a message to their lawmakers in support of the BUILD America 250 Act. LL
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