Hi everyone, I hope everyone is having a great Saturday.
As you guys have seen form a couple of my threads, I'm researching different things that will help in this industry. Right now we're learning how to use the DataQ system. Can you guys tell us what kind of citations, violations and other things you appeal on there?
Are we supposed to be challenging violations with the state or agency that issued them first and then using the DataQ?
If you guys think its a better idea, can you refer me to a service, consultant or FMCSA helpline to assist me in all this? I have an idea of what to do but want to make sure I get it right. I really appreciate the help.
Anyone fight and appeal violations? DataQ system help
Discussion in 'Experienced Truckers' Advice' started by jpeters72155, Mar 28, 2015.
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Any time you are inspected will show on there as well as any moving violations issued by a State Trooper..
You dispute any false info direct on the DataQ website...
Then the state that issued the violation takes it from there...once the case is under review it will show a phone number on the website to the officer handling the dispute.
Also, say a driver gets a speeding ticket it will show the original charge and not the final court decision.
I had a ticket dismissed and uploaded the certified court document to prove it to the DataQ site.....They removed it from the record. -
what if a driver recieves a ticket for driving over 14 hours(taking 9.5 hours of off duty). one of the drivers that work here for shut down for 10 hours and was issued a ticket for it(fricking Indiana...)He is going to court for it to get it adjunctioned to another violation so he can have our company dispute in DATAQ).
whats the chances? -
Open dispute and upload the court document.....easy!
FMCSA changed the rule that adjudicated cases will be reflected on the DataQ system but you have to send in proof. -
For violations that can be fixed, like lets say a burned out tail light or a hose that was damaged do those stay on your driver record and also the company's scores once you've fixed them? Or can they be taken off using the DataQ? I'm guessing you can't do anything about them but fix them but hey, I don't know the limits of that DataQ system -
I have had a few violations but had them all dropped,,,thanks to the money I spent for a lawyer service. I know OOIDA is in a court battle with FMCSA to have their rules changed so that when you get your violation dropped, it is removed and, more info on the accident reports as far as guilt. The legal service I used tried both times, so they said, to have the charges removed from DATAQ but they said it didn't happen. That was 2012, if anyone has any updates, or things I can try now to get them removed,,,let me know.
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I doubt stuff like burnt out lights or equipment problems would be removed.
Anything that goes to court and has been plead down then you can fight it.
Or anything they put on there that is completely wrong....like MC number or things like that.
The log violation.......doubt you will get it removed. -
According to DataQ, after August of 2014 .. any ticket issued associated with the violation - if found not GUILTY or charge changed to a lesser charge (CAN BE ANYTHING), the violation HAS to be removed. There's no maybe, it has to be REMOVED. -
I had speeding violation on the record no ticket issued just the violation, driver got just verbal warning, and the officer gave him the violation with 6-10 miles over, there is something I can do on dataQ ?
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It goes back to the issuing station, and usually the issuing officer. The officer will look at his notes and see it was valid and deny any "correction".
Now if it's invalid, well the officer will still look at his notes and see it a valid... That's why one should ask for a citation if you know you were not in the wrong. It can actually be fought in court.
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