Dec.
2, 2013 Avery Vise | Fleet
Owner
One of the many
gripes about data used in the Compliance, Safety, Accountability program has
been that it reflects traffic citations issued against a driver even if the
driver later challenges that citation successfully in court, but that’s changing.
The Federal
Motor Carrier Safety Administration on Dec. 2 announced
changes that would allow its Motor Carrier Management Information System to
be updated by the results of adjudicated state citations. FMCSA plans to accept
adjudicated results only for citations associated with and issued during a
roadside inspection that occurs on or after the implementation date, but the
agency is inviting comments by Jan. 2 on that issue.
FMCSA’s change
is important because MCMIS data feeds FMCSA’s Safety Measurement System, which
in turn forms the basis for motor carriers’ CSA scores, and the Pre-Employment
Screening Program used by many carriers in driver hiring. SMS and PSP will
reflect the results of adjudicated citations recorded in MCMIS, FMCSA
confirmed.
“This is
something that we as an organization have advocated for since the beginning of
CSA,” said Sean Garney, manager of safety policy, for the American Trucking
Assns. “It’s all about equity in the end, and it makes CSA a better tool in
the long run. The accuracy of the data is imperative.”
Garney says that
ATA appreciates FMCSA for listening to carriers’ concerns. “This is another
example of the two of us working together.”
Currently, MCMIS
doesn’t even contain a data field that would allow for adjudicated citations.
FMCSA said it will modify both that system and SafetyNet – a database
management system used by state agencies and FMCSA divisions to report
inspection data – to accept data concerning a citation associated with a
violation that (1) was dismissed or resulted in a finding of not guilty; (2)
resulted in a conviction of a different or lesser charge; or (3) resulted in
conviction of the original charge.
Although states
presumably would be free to adopt procedures for routinely updating citations
with adjudicated results, that is unlikely, and FMCSA is not asking for such a
system. Rather, the agency plans to direct states to document adjudication
results and supplement the initial inspection report when a driver or carrier
files a request for data review in the DataQs system that is backed by
appropriate documentation. So the burden will be on drivers and carriers
to make sure the data is updated.
This change will
not allow states to mask convictions by keeping them off drivers’ records if
the driver submits to a diversion program, such as traffic school, FMCSA said.
Federal regulations prohibit states from masking commercial driver’s license
convictions through a deferral of judgment or diversion program.
“The agency
views the practice of state courts dismissing citations after a guilty plea has
been entered or following payment of a fine or mandatory contribution to a
state program as a condition of dismissal, as ‘masking’ of a commercial
driver's violation of state or local traffic control laws,” FMCSA said in its
notice.
One benefit of
using adjudicated convictions is that it will be easier for FMCSA and state
licensing agencies to track and document patterns and practices that violate
the anti-masking rules, the agency said. States found to have used masking or
other diversionary programs risk decertification of their CDL programs, which
could impact grant funding.
FMCSA said its
preliminary decision not to allow adjudication updates on prior citations was
based on the potential workload states could face if they had to process
thousands of past adjudicated citations through the DataQs system. That burden,
in turn, could delay the processing of other DatasQs requests or even require
states to redirect scarce resources from roadside enforcement to DataQs
processing.
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