How Do I Challenge An FMCSA Violation?

As last month’s blog discussed, roadside inspections are the main way motor carriers receive their safety scores from the Federal Motor Carrier Safety Administration( FMCSA). Crashes and tickets can also have a significant impact on safety scores. What do you do if a crash was not preventable? What do you do if a ticket or inspection has been recorded improperly or doesn’t belong to your DOT number?

The good news is that the folks at the FMCSA have put tools in place that allow motor carriers to provide information and evidence that a crash was not preventable, or that the DOT number on the inspection does not belong to them. This is called the DataQs website.

The DataQs tool is available on the FMCSA Portal which requires a login. If you do not have an FMCSA Portal account go to https://portal.fmcsa.dot.gov/login to set one up. Once there, click on “To register for a portal account, click here.” You will select the option to “Sign in with Login.gov.” Follow the prompts to get your account set up. You should be able to use the same PIN you have for the SAFER site. If you don’t have a PIN, you can request a PIN once you are in the portal. Now that you have an FMCSA Portal account you will be able to select DataQs from the Available FMCSA Systems list and create your own DataQs account. After your account is created, you can start a challenge.

Once you are in, you can request a data review. For an inspection challenge or ticket, you will need the inspection information and documentation to support your challenge or to prove that the ticket should not belong to you. Keep in mind that a challenge generally goes to the law enforcement officer that gave the violation, so supporting documentation is critical. Be respectful and clearly outline why the inspection or ticket should be reviewed. Being required to go to traffic school or the issuance of a ticket can be challenged and can change your score, so be sure to include those in your request for review. Other inspection or ticket challenges can include: the noted violation did not exist, the noted violation was recorded in error, the noted violation was erroneously listed multiple times, a wrong DOT number was listed on the report, or that the driver that was ticketed does not belong to the motor carrier.

The Crash Preventability Program is extremely important for motor carriers. The FMCSA has 21 specific crash types that can be submitted for review. To challenge a crash determination, you must include the required police accident report, often referred to as PAR as you move through the challenge. Crashes determined to be non-preventable are removed from calculation of score in the Crash Indicator BASIC. This is important for keeping scores accurate, which can affect insurance rates, brokers choosing carriers, drivers choosing carriers to drive for, and how the public regards a motor carrier.

What can a motor carrier challenge as non-preventable? The list can be found at https://www.fmsca.dot.gov/crash-preventabilty-determination-program. These 21 crash types should be understood by motor carriers so they know when to submit a crash challenge that may result in removing the crash from their Crash Indicator BASIC. The site has lots of resources including a submitter guide, eligibility guide, FAQs, and Fact Sheet.

At Joe Morten & Son, Inc., we help our clients see the big picture when it comes to financial protection and business strategy. Reach out if you’re ready to grow with confidence.