Logging Loading/Unloading Time

Yeppers. One can DataQ the violation, but if that fails there is no recourse after that. One thing I did find out from their FAQ today was that the same inspection can be DataQ'd twice. Now if it gets reviewed by the same person both times I see no point, but I found that tidbit industring.

 

We are saying you cannot data q a warning of a violation. Like a speed warning of 6-10 miles over the speed limit cannot be dataq'd.

 

I've seen nowhere where it's stated you can challenge a warning. Both citations and warnings carry equal weight to CSA, so why wouldn't you be able to challenge both?

 

I usually log it as it happens. Did it take me ten minutes to arrive, check in, then go to the unload inlet? (Tanker) then ten minutes, not a second more. Then off duty (usually sleeper), and chill while they unload. Oh, we're done? Five minutes to do a ITI, and roll out the gate, swItch to drive. Saved myself an hour and a half that I can now utilize later for miles.

 

And that's how I've always done it, but according to this guy you have to log every minute you're in the dock loading or unloading because you're in readiness to move the vehicle or some crap like that.

 

Of course not, as there is no such thing as a warning of a violation.
You either get a violation on a CVSA inspection report, or you do not. There is no other option.
If you get a violation you can DataQ it, if you don't... Well there is nothing to DataQ at that point.

 

This is a "warning" I got for having the wrong license plate on my tractor. It is a "violation", but there is no citation, so I could not contest it in court , therefore I can not get it removed.

By giving out "warnings" officers can do an end run around due process.

 

That's exactly my point. That IS a violation. There is no such thing as CVSA warnings. Either one gets a violation or not.

Now, LEO's like to call it a warning when they write up a violation but do not issue a citation. That's not accurate though. The violation is there and is seen in the CVSA system as no different than if they had issued a citation or not.

Remember the op was talking if he can DataQ a warning. As there is no such thing as a CVSA warning .....
He can, however, DataQ the violation he did receive.

As for you, you might be able to get it removed. Depends on the DataQ request. If it's accurate though it's unlikely as the DataQ system is rigged. To say in absolute terms it cannot be done is wrong though.

 

Lawyer said we couldn't as there is nothing to challange. He said if I had gotten a citation I could go before a judge and get it thrown out. But because I did not get cited, there is no way to question the validity of the violation.

 

Lawyer was wrong. Sorry. The whole point of the DataQ system is to challenge violations. And you can still do it, simply go to the DataQ site and put in an RDR for the violation.
Again though, if it was accurate it's unlikely to get removed. And there is no way to reduce it like most courts do. But to say it can't be done is 100% wrong.

From their FAQ:
Who can enter a Request for Data Review (RDR)?
Anyone can enter an RDR into DataQs.

How do I enter a Request for Data Review (RDR)?
Anyone may enter an RDR into DataQs by selecting the “Add a Request” button from the My DataQs dashboard. When the button is selected, a tool instructs the user through a step-by-step process.

• Step 1: Select the option describing the event type to be reviewed and click “Next.”
• Step 2: Select the option describing the reason for having the information reviewed and click “Next.”
• Step 3: Confirm the selected choice and click “Next.”
• Step 4: Enter details of the event, specific to the type of request chosen, and click “Next.”
  Note – Once a State is selected, the report number field will offer a selection of available reports. Selecting or entering a valid report number will allow parts of the form to be automatically populated with the corresponding information.
  
  
• Step 5: Upload any available documentation (documents may be added at a later time, for a speedier review, upload is encouraged upon request submission).
• Step 6: Confirm the entered information is correct.

When the request is loaded into DataQs, an acknowledgement is generated. The request is then forwarded to an organization for research, and email notifications are sent to State- and FMCSA-selected individuals within their organizations

There appears to be a warning on my record. Can it be removed?
Federal Motor Carrier Safety Administration (FMCSA) records do not contain written or verbal warnings issued on behalf of the State. What appears to be a State warning may be an FMCSA violation noted during the inspection. The State exercises its discretion in deciding whether to add, remove, or edit a violation. Inspectors record violations on an inspection to document the inspector's findings and observations at the time of the inspection. In most cases, removing a violation from the inspection report would require, for example, some proof that the violation did not exist, was recorded in error, or listed multiple times. If you believe you have been issued a violation in error, you may request a review of the violation through DataQs by choosing the option “Violation is incorrect or listed multiple times.”

Now I highlighted in red the very relevant parts.
As for your violation you can go to https://dataqs.fmcsa.dot.gov/ and put in a request.