Due Process & CSA2010?????

Just curious, in your experience, if you are aware, how many of those DataQ challenges are being won by the driver?
I have a preconceived idea of the answer, but please tell me I am wrong!!! My guess is fighting this system and winning will be as effective as trying to shoot pool with a rope!!!

 

SEE POST #61!
It answers your question perfectly!

 

We put on over 100,000 miles a year. That is much more then most any one else in any profession. We are only human and we ARE going to have bad days. No one is perfect. This new CSA2010 means that we have to be 100% perfect everyday. This is not possible.

Also this going into past history is crap.

 

Dave,

I have seen a few changed. So far in my experience I have not seen where a driver has challenged a 392.2S, for speeding or any driving behavior. I have seen where equipment violations have been challenged. Most of the challenges deal with out of service defects such as rear turn signal inoperative and the driver immediately corrected the defect. I saw one that the driver did not have the pigtail plugged in and the company challenged the defects of brake lights, turn signals, taillights. The most changed thing I have seen is if the officer has the wrong carrier's US DOT number listed.

As far as log book violations, I have not seen any changed after a challenge. I know I copy every log book that I have a violation in for this and court purposes. I have had a few challenges personally for 11,14 and false log violations but none have been changed because of the copy of the log book.

 

Rat,

Why they went back into history, I do not know. I agree no one is perfect. Looking back over my years of enforcement at roadside, I understand why they have gone to this system. There have been driver's I have stopped numerous times, and numerous times they are completely screwed up. License issues, log book issues and junk for equipment. My partner locked up one of my frequent flyers Tuesday. Guy still has no license (I stopped him 3 different times over the last 2 years and each time only has a class C, which is now suspended).

Rat, you don't have to say but I am curious, what kinds of violations have you received in the last three years? Not just citations, but what violations were listed on the inspection report?

 

Problem is FMCSA is using data from 3 years ago.
They changed everything on us and that is totally unfair.
Violations and warnings that didn't have much importance in the past will really hurt us now and will follow us for 3 more years.
So even if we don't ever get another ticket, violation or anything again, we will have to live with high scores (some of us) due to old warnings and some old stupid violations.
That is UNFAIR, WRONG and it WILL affect many of us big time. [/QUOTE]


We do not live or function in a vacuum. You don't get a free pass on the record you have earned for youself. Would you consider erasing all your experience and getting paid as the same rate as a CDL school graduate? Your experience and record is a valid basis for evaluating yor ability, the good and the bad, because you earned it

 

We do not live or function in a vacuum. You don't get a free pass on the record you have earned for youself. Would you consider erasing all your experience and getting paid as the same rate as a CDL school graduate? Your experience and record is a valid basis for evaluating yor ability, the good and the bad, because you earned it[/QUOTE]

Then why not go all the way back to the first day we drove? Why stop at just 3 years???

We are professionals, we know better! Lets go back and assign points to every violation or warning we ever got!
Kinda stupid, huh???

 

I haven't been keeping up with this very much, because I try to avoid getting tickets.

If it's that much of a problem won't the OOIDA step in like they've been doing with HOS?

 

By using violations that happened three years ago, they will be penalizing us again (and even more) for things we have already paid.

Because those warnings and tickets had a much different "severity weight" in the past, and we dealt with them in a manner very different than we would did we know then they would be used against us now and cause us so much more trouble.
The FMCSA is playing dirty with us.
Two years ago I got a warning for mudflap swinging too much I guess trooper was bored that day and wanted to find something wrong.... Being a very new driver then, I was unaware of such "violation" and was even incredulous... but he said, "Oh... don't worry, it's just a warning..." I thought that was no big deal then... Well, now how many darn points may I get for that darn silly warning? Yes, you are darn right I would like to have that ##### warning totally erased from my records.

The right and fair way to do this should be, advise the drivers, the companies, set a date in the future and then start collecting data from that time on. Why not???

Was watching a PPS presentation about CSA yesterday in my co. and it said we will have 2 months to dispute an issue with FMCSA... If that's correct, 2 months from when? And why only 2 months??
The way they set this system and the amount of bureaucracy involved, I bet it will be very discouraging to challenge them... But for me, worth a try.