Have you ever received a traffic ticket you thought was incorrect? Fortunately, you can contest your ticket in court and have it dismissed or be found not guilty. If you successfully contest your ticket the state cannot place points on your license.
Now, imagine a system where points are placed on your license before a court hearing. Further. the points remain on your license unless you affirmatively submit evidence to the state in a separate proceeding proving the ticket was dismissed. Even then, the points may not be removed. That is the reality facing truckers under Compliance Safety Accountability (CSA). CSA analyzes safety-based violations and attaches a percentage score to the driver/carrier. A low score is supposed to correlate to safe drivers/carriers. As a result drivers and carriers strive to have the lowest possible CSA score.
Minimize Your Score
The best way to minimize your CSA score once a violation is issued is to use a “Data Q challenge.” The Data Q system is an online method for drivers and carrier to appeal scores that will negatively affect their CSA scores. The information entered is known as a “Request for Data Review” (RDR). Data eligible for challenges include crash data, roadside inspections and specific tickets issued to drivers. These challenges can be filed by either a driver or a carrier.
A CSA score is comprised of data reported to the FMCSA through Federal and State agencies. Typically data regarding crash accidents and roadside inspections are reported by the states. As a result, the majority of Data Q challenges are reviewed by state Data Q analysts. These challenges are reviewed by the state that issued the citation. Once the state makes a final determination, the FMCSA cannot overturn it without the state’s consent. This leaves open the possibility of discrepancies of Data Q challenges by states. Consider the return polices of different retail stores. Some accept returns without much consideration while others are very strict. The same applies to states reviewing Data Q challenges. Some states are more liberal than others. There are no federal standards each state must follow.
Filing a Challenge
A Data Q challenge is completed by filing a RDR asking the FMCSA or appropriate state agency to review the data. There are 22 RDR options, including seven different options for crashes, six for inspections and nine individual options. The FMCSA recommends challenges should be filed within 24 months. As a practical matter, Data Q challenges should be made much earlier. The data only affects a carriers’ CSA score for two years and a driver’s score for three years with a declining value as each year passes. After that, the violation does not affect the CSA score. A challenge will have the biggest impact on the CSA score when made within three months after the citation.
It is important to include documentation with the RDR. The burden is on the party challenging the citation. Unlike the criminal justice system, a driver is guilty until proven innocent with CSA. If you challenge a citation but do not include information to support your position, the FMCA will likely deny the appeal or request more information, which only delays the removal of the information. Typical documents to attach to the RDR include shipping papers, Driver’s logs, Lease agreements, Vehicle registration and judicial finding of not guilty or dismissal of a ticket.
Data Q appeals involving procedural issues such as tickets listing the wrong statute or regulation, wrong DOT number or wrong driver are more likely to be successful than substantive appeals involving the officer’s discretion. Substantive appeals include determination of fault for an accident and instances where a citation is dismissed in court. There is no guarantee the appeal will be granted if traffic ticket is dismissed. In fact, the FMCSA specifically states an appeal should not be granted simply because a ticket was dismissed. Instead, the state Data Q reviewer should look into the circumstances of why the ticket was dismissed. For instance, if it was dismissed because the officer or a witness did not appear for trial, the appeal may be denied.
The FMCSA strives to respond to all RDRs within 10 business days. State Data Q analysts receive reminders every week if an appeal is pending more than 10 days. If an appeal is pending for 17 days, the FMCSA Divisions are alerted. These reminders will apply if the analyst is slow in making a decision, but will also apply if your RDR does not contain sufficient information for the analyst to make a quick decision. One would expect all Data Q appeals to be resolved no later than 21 days given these safeguards, but there is no mechanism to require a decision in that timeframe.
Plaintiffs’ attorneys are using negative CSA scores to attack carriers’ safety and request punitive damages. Aside from a proactive safety department, the best way to combat this is proactive use of DataQ challenges.