FMCSA now allows you to remove violations if found not guilty

allan5oh · Jun 13, 2014

FMCSA announced proposed changes to its Motor Carrier Management Information System (MCMIS) on December 2, 2013. These changes will allow the States to reflect the results of adjudicated citations related to roadside inspection violation data collected in MCMIS. Individuals must submit certified documentation of adjudication results through a Request for Data Review (RDR) in FMCSA's DataQs system to initiate this process. MCMIS is being modified to accept adjudication results showing that a citation was dismissed or resulted in a finding of not guilty; resulted in a conviction of a different or lesser charge; or, resulted in conviction of the original charge. The adjudication results will impact the use of roadside inspection violation data in other FMCSA data systems. These changes are intended to improve roadside inspection data quality. This document describes the MCMIS changes, responds to comments received on the proposed changes and provides the schedule for implementation of these changes.
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http://www.fmcsa.dot.gov/regulations/rulemaking/2014-13022

The email I received straight from FMCSA is a bit more clear:

The Federal Motor Carrier Safety Administration (FMCSA) announced in a Federal Register Notice this week that beginning August 23, 2014, motor carriers and drivers will be able to request the removal of roadside inspection violations from agency data systems to more accurately reflect outcomes of judicial proceedings. The updated policy will enable carriers and drivers to request, through the DataQs system the removal of violations that were previously uploaded into FMCSAs Motor Carrier Management Information System by state enforcement agencies when a driver is found not guilty or if a violation is dismissed in court. FMCSA systems will continue to retain and display violations that result in a conviction or payment of fine. Persons who plead to or are convicted of a lesser charge will also have that information reflected. The changes are part of the agencys continued effort to improve the quality and uniformity of violation data that is accessible across FMCSA systems to sharpen the focus on unsafe carriers and drivers. FMCSA considered more than 100 public comments before finalizing the updated policy, which has wide support within the commercial motor vehicle industry. For more information on the announcement visit:http://www.fmcsa.dot.gov/regulations/rulemaking/2014-13022.
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Now if all violations were treated this way, the system would be much better.

chilibowl · Jun 13, 2014

I wonder how lengthy the process is. Sounds simple enough. But once you add bureaucratic humans into the mix i bet it takes quite awhile to dismiss any violations from The FMCSA database. And they only considered 100 public comments? How many public comments were actually made?

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