Time to Fight CSA “WARNINGS”

Discussion in 'Trucking Industry Regulations' started by Oilfieldmike, Jul 14, 2023.

  1. Oilfieldmike

    Oilfieldmike Medium Load Member

    Aug 22, 2012
    holiday, florida
    this has been talked to death but nothing ever done about it.

    we all know when a state DOT officer does an inspection they will give you violations and call them warnings without a state citation. They know that the points go on CSA and you have no way to take them to court to contest the violation

    this needs to end. i’m actively looking for a lawyer to take this to federal court and finally get the avenue to end this violation of due process.

    i’ve heard the story that a driver did get in front of a federal judge and get the csa violations removed however no one knows who and where.

    anyone wanting to join in please send me a message.
  2. Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  3. Scalemaster

    Scalemaster Heavy Load Member

    Mar 13, 2011
    Any violation on an inspection can be contested through the Data Q process. If that violation was issued in error it will be removed.
  4. DUNE-T

    DUNE-T Road Train Member

    May 10, 2015
    Detroit, MI
    The problem is, contesting it won't do anything, since there is no judge order to remove it.
    Bean Jr., JoeyJunk and Magoo1968 Thank this.
  5. ‘Olhand

    ‘Olhand Cantankerous Crusty

    Jan 18, 2011
  6. runningman0661

    runningman0661 Road Train Member

    Mar 5, 2009
    Clover, South Carolina
    Good luck finding an attorney interested in taking that case.
    tscottme and JoeyJunk Thank this.
  7. ZVar

    ZVar Road Train Member

    Sep 10, 2010
    Flint, MI
    Except it goes back to the issuing officer to get fixed. And I'm sorry if this offends, but an LEO's ego simply will not allow them to admit they were wrong.

    As for the case, it's already been to federal court and lost.
  8. Scalemaster

    Scalemaster Heavy Load Member

    Mar 13, 2011
    Here is how it works - at least in my agency.
    Data Q goes to the top of the chain. Big bosses hand it down the chain to the local chief, then the officer's supervisor, then finally the officer.
    If the officer is issuing bad citations or bad violations on inspections, his superiors will know about it. It will be obvious to everyone in the chain. If the officer persists in doing this he faces reprimand, etc.
    The officer must support any violation or citation with proper documentation - photographs, video, copies of documents, etc. If the violation is not clearly supported by documentation and is not a clear violation of regulation, the violation will be removed.
    brian991219, Oxbow, Bean Jr. and 7 others Thank this.
  9. dirthaller

    dirthaller Heavy Load Member

    Sep 22, 2011
    I’ve done 2 dataQ’s. Won the first, lost the second.
    Oxbow and JoeyJunk Thank this.
  10. wis bang

    wis bang Road Train Member

    Jan 12, 2011
    Levittown, PA
    Have done various Data Q's since it became available.

    Managed to bat .500

    Hardest was an overweight where the operator 'escaped' with the door signs and I had to find the actual carrier before the deputy would remove the information. Local manager managed to find the SCAC but that wasn't enough for him so I had to get the group that issues the SCAC to tell me the carrier's info.

    Easiest was asking the NY troopers to remove an accident because a wild turkey committing suicide on our windshield was not a DOT recordable accident.

    As mentioned above, the Data Q comes down the chain of command to the issuing officer and it you are right, it will be corrected.
    JoeyJunk Thanks this.
  11. TheLoadOut

    TheLoadOut Road Train Member

    Nov 6, 2019
    That right there shows the ridiculousness of it all, the fact that they even wrote you up for a wild turkey hitting your windshield shows just how low they'll go to write stuff up and seek promotions.
    Nostalgic and Bean Jr. Thank this.
  • Truckers Report Jobs

    Trucking Jobs in 30 seconds

    Every month 400 people find a job with the help of TruckersReport.

  • Draft saved Draft deleted