By Scot Montgomery
Member, ICSA Board of Directors
Wyoming Highway Patrol Captain (ret.)
“Driver, park in the lot and an inspector will be right out.” So begins the random North American Safety (NAS) Inspection process. An hour or so later the inspection is complete and then what? If a violation is found, the driver and the carrier have options. If a carrier wants to contest a violation, it is important to understand the benefits and perils of the DataQ process, or Request for Data Review (RDR), for challenging violations.
In my prior career as the Wyoming Highway Patrol captain overseeing commercial vehicle enforcement, I would see carriers approach the filing of a DataQ as “I have nothing to lose; the worst they can do is deny the request.” Such an approach is not a prudent use of the carrier’s time or the time of the state official who would be performing the DataQ. Understanding the process is key to using it effectively and getting the results you want. This is the first in a series of installments covering the DataQ process and how it can benefit ICSA members.
When a motor carrier reviews an inspection report and decides to file a DataQ, it is important to be thorough in both understanding the situation and facts surrounding the inspection as well as the correct application of the regulation. Photographs of equipment condition, as they relate to a violation listed on the inspection, can be priceless. However, any inspection is a snapshot of the vehicle’s condition at the time of inspection and any evidence supporting the carrier’s request must be relevant to that time frame.
Once the vehicle leaves the inspection site and any time has elapsed, the “snapshot” window has closed. As such, drivers should be instructed to take photographs at the scene of the inspection, particularly if violations are found. It is also imperative for the driver and carrier to be honest about the violation, both with each other and with the reviewing agency.
The DataQ system was established in 2004 and is used by motor carriers, drivers, and State and Federal Enforcement personnel, as well as the public and other stakeholders in the transportation business. Motor carriers and/or drivers may file an RDR when they have a concern about their data maintained in FMCSA’s Motor Carrier Management Information System (MCMIS). This data is typically generated as the result of a roadside inspection or crash. Factual evidence supporting the carrier’s request should be uploaded when making a request. This factual evidence can include but not be limited to court abstracts, photo or video evidence, any applicable exceptions, etc. Once the RDR is filed the DataQ system will acknowledge the receipt of the request.
In turn, the DataQ system notifies the appropriate agency of the request which allows the agency to review the request and provide a response/resolution. While every agency processes these requests according to their internal policies and practices, the entity filing the request should receive a somewhat detailed explanation of the outcome. Agencies should respond, if for nothing more than acknowledgement of the request, within 10 days of receiving the RDR.
Depending on the depth of the investigation it may take an agency more than 10 days to complete their response. Other factors such as inspector availability, court schedules, and, unfortunately, workloads make a difference in this turnaround time. If the RDR requester is unsatisfied with the resolution provided they can request the agency reconsider the request. Generally, this action will cause the RDR to be viewed by other (higher ranking) officials within the subject agency. In some, more extreme, cases the FMCSA may become involved in an advisory role. However, the FMCSA will not change a State’s decision without the State’s approval.
Responses can reflect a wide variety of outcomes which range from there being no action taken by the agency up to complete removal of the inspection from the carrier’s record. Carriers are urged to remember it may take several weeks for the results of the RDR to be reflected in their safety score. Whether MCMIS, SAFER, CSA, or ISS, safety scores are like golf scores (the lower the better) and lower (good) scores are solid evidence of a safe and professional driver/carrier.
In future installments we will boil the process down further and provide additional insight to DataQs from the perspective of the inspector and those who complete the RDRs within the agencies. We will share further benefits of good scores, and how a bad score can affect the bottom line, plus information from FMCSA regarding DataQ statistics and enhancements. Until then, and moving forward, I encourage you to use the links below to learn more about DataQs:
https://dataqs.fmcsa.dot.gov/
https://dataqs.fmcsa.dot.gov/Data/Guide/DataQs_Users_Guide_and_Best_Practices_Manual.pdf
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