Bill empowers truck drivers to fight flawed safety data

The biggest win for drivers in the legislation is an overhaul of the appeals process within DataQs, a system managed by the Federal Motor Carrier Safety Administration that allows users to request and track a review of federal and state data issued by FMCSA believed to be incomplete or incorrect.

Under current rules, a driver’s appeal is often reviewed by the same department, or even the same officer, who issued the original violation. The bill mandates a shift in that process whereby all appeals must be decided by an independent party to ensure that drivers receive a fair, unbiased second look at their record.

If enacted, the legislation would require FMCSA to ensure that any violation being contested is clearly labeled as “under review” in federal databases to prevent a disputed citation from tanking a driver’s safety score while the appeal is pending.

The bill also amends transportation laws to prevent carriers from taking adverse actions – such as termination – based on federal data without giving the driver a “reasonable period of time” to resolve their appeal.

In addition, the legislation, which is supported by the American Trucking Associations and the Owner-Operator Independent Drivers Association, expands the Pre-Employment Screening Program (PSP) beyond initial hires.

By allowing carriers to review safety records for current drivers, companies can identify specific safety issues early and provide targeted training rather than resorting to discipline. This “ongoing professional development” aims to replicate the 8% reduction in crashes already seen in companies using PSP for new hires.

Related articles:

• Trucking questions FMCSA’s proposal to fix flawed safety data
• FMCSA proposing crash-data appeals process for drivers
• Crash data involving new truck drivers getting worse

Click for more FreightWaves articles by John Gallagher.