Due Process & CSA2010?????

Sad part is that they have been planning this thing for several years. At no time have I seen or read anything that will lead me to believe that a driver will be able to correct anything incorrectly recorded with ease.

 

this is gonna be a mess! and lots of good people gonna get hurt by it.

 

Well, you can do one of those useless "DataQ" thingy's...

In other words, do a little knee-walking and say, "Pretty Please Mr. Officer, take it back!"

Thats about as much "Due Process" as there is in CSA2010 - at least until someone sues the government for infringment of their rights. Don't look for the gov to fix this on their own... its going to have to get run up to the Supremes.

 

I've bee saying this for a long time. No due process and double jeopardy. But I was ridiculed for those thoughts!

 

The reason there is no "Due Process" in CAS2010 is if you get hit with it you are not convicted of a crime. It is a safety tracking system. There are no fines involved from the FMCSA if you get a violation, fines are levied against you at a state level. You can fight state fines in court.

The DataQs system is a joke. You say you didn't deserve a violation and give your reasons. They send it back to the officer and he says yes you did deserve a violation and it is upheld. This system is basically your word against the inspectors and you can guess you wins that argument.

The thing that really gets me about CSA2010 is that no one can really tell you what the points mean. Yes you get points put against you for violations but what does that mean? What is a good score? What is a bad score? Can companies use it against you for hiring purposes? Can insurance companies use that score to determine your premium? Who has access to these scores? I have not seen one answer to these questions by the FMCSA.

 

The insurance companies and carriers will use a driver's CSA2010 score to judge fitness for employment in the pre-screening process. Therein comes the "due process" rub. Since CSA2010 will be used to deny employment (considered a non-enumerated right in the constitution) the government is denying you equal protection under the law (14th Amendment) since there is no "due process" built into the DataQ process. It would seem to be a fairly easy thing to show in court... assuming one takes the time and $$$ to run it through the process.