395.8e warnings

If he was put OOS it will.

 

That's the problem with getting a Warning, there is nothing to contest.

 

I wouldn’t sweat it. From my experience you can’t change anything in DATAIQ. Just document it and show that to your insurance company at the renewal.

 

Actually they can. If a state officer shows a warning on an inspection, the FMCSA sees it as a violation as they do not recognize warnings. As a violation it can be challenged through DataQ. For a challenge to be successful though one must generally show that the violation did not exist, was recorded in error, or listed multiple times.

 

DataQ is a joke. All they do is send your request to the cop that gave you violation. In your case he is going to say the driver didn’t do his eLog right to begin with. And since it’s just a warning there’s no judge to decide your case.

 

I’ve never used DataQ so cant offer any credible info on whether it’s a joke or not. I can however state that they don’t just send it to the cop that gave you the violation. They send the RDR that you complete to a state data analyst for review along with any information or evidence that you submit. You have to prove the violation did not exist. The officer that wrote the violation is involved at some point but he is not the analyst nor the determiner. You can eventually, through a long probably idiotic process put it in front of an ALJ. Oh and BTW, once again, to the FMCSA there is no such thing as a warning, only violations, so even though the state officer put warning on the violation it isn’t a warning as far as the FMCSA is concerned including for DataQ challenges or for the purpose of presenting your case to an ALJ.