In 2005, the FMCSA instituted a program that allowed for drivers to informally contest enforcement charges that were brought against them. In theory, this would let drivers reverse erroneous citations, audits, or compliance reviews and wipe their records clean without the legal hassles and tremendous legwork of a formal contest. Then, amidst concerns about the effectiveness of the program, it was shut down temporarily “pending a reevaluation of the procedure” which hoped to find a solution to the program’s problems. After a nearly four year hiatus, the FMCSA informal hearings program has been reinstated.
The program has not changed significantly, so it is not certain whether or not the process will be any more effective than it was previously.
Here’s how it works:
When a citation is issued, a driver or carrier can request an informal hearing. This is defined as “a hearing in which the parties have the opportunity to present relevant evidence to a neutral Hearing Officer.” The hearing officer is any agency employee. It does not have to be someone who has specific training and an understanding of whatever rules may be contested – a major issue with the program the last time around. After hearing the driver or carrier’s argument, which must be made in person, the Hearing Officer then recommends a decision to an assistant administrator who decides whether or not to uphold or dismiss the citation.
If an informal hearing doesn’t lead to the result the driver or carrier was looking for, they are allowed to appeal, but in order to have an informal hearing the first place, they had to waive the right to any formal hearing where they would be allowed to present evidence to a judge.
The flaws with such a system are fairly self-evident, but luckily this program does not replace any existing one. You can see the FMCSA notice in its entirety here.
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Source: overdriveonline, FMCSA
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As long as the government has their hands in trucking, things will only get worse. The D.O.T. is not in the business of making things safe on the highways. They are in the business of generating revenue. Fines don’t make drivers safer. Most of the time drivers are fined for things they have no control over. The majority of drivers out here are decent hard working men and women, that are just trying to do a thankless job. My boys both want to be truckers. I’ve told them I’ll cut them out of the will if they do.
I do believe that they really have no idea what trucking industry is at all. They sit and make up all these ridiculous policies and procedures making hard for anyone to just survive. When you are out there on the road you face soo many challenges. The trucking industry is a constant target from any standpoint. I have citations I have challenged and won and they are still on my history. I have been reimbursed the fines I paid but apparently it doesnt matter. Its very discouraging at times and seems like its nothing you can do.
I have heard all of this for nearly 50 years. I have heard of IOODA calling for a strike, road blocks, convoys heading to Washington, bitch bitch bitch. Things haven’t changed, only got tougher. Like the old cowboy days, they are gone forever, get over it. The romance and love are gone, only thing left is lust of the governments to ramrod regulations and keep very well paid and pensioned jobs for themselves.
Fog Gods’ sake, don’t let your young men and women become truck drivers, there is no future and shantyville is waiting for you.
Just my humble opinion.
Bureaucratic overreach isn’t, unfortunately, confined to the transportation industry. Yes the industry serves as a perfect example of such, but we’re actually talking about an entire nation here, that’s pretty much gone forever. Welcome to paradise everyone.