Fleet Management News & Business Info | Commercial Carrier Journal
Issue link: http://read.dmtmag.com/i/319866
12 COMMERCIAL CARRIER JOURNAL | JUNE 2014 JOURNAL NEWS T he Owner-Operator Independent Drivers Association's two lawsuits against the Federal Motor Carrier Safety Administration's DataQs violations appeals system have been con- solidated after the association filed a motion in court. The two cases, OOIDA v. the U.S. Department of Transportation and Weaver v. FMCSA, center on the agency's use of violations against drivers and carriers after the cita- tions were dismissed in subsequent adjudication. Though the agency has put in motion steps to mitigate this issue, FMCSA's Motor Carrier Management Information System currently remains unable to remove citations unless a state allows the change. The MCMIS is the data well from which the Compliance Safety Accountability program's Safety Measurement System scores are derived. It's also the data used in the agency's Pre-employment Screening Program. FMCSA published a proposed rule in December that will allow it to remove violations from the MCMIS if a citation is dismissed in court or a carrier or driver is found not guilty. Both CSA and PSP reports would reflect any dismissals. Until that rule is enacted, though, FMCSA says it does not have the authority to direct states to change or alter data in the system. A state's final ruling is considered "final resolution of the challenge," the agency says. OOIDA's case against DOT involves four member plaintiffs who filed for a request to change the agency's data after a violation was dismissed. All four requests were rejected, and FMCSA did not alter its data. The Weaver case against FMCSA, similarly, stems from a violation in Montana that was dismissed but never removed from federal records. OOIDA filed a lawsuit on behalf. OOIDA filed its motion to con- solidate the cases April 28, and U.S. District Judge Beryl A. Howell granted the request April 29, accord- ing to court documents. – James Jaillet Text INFO to 205-289-3554 or visit www.ccjdigital.com/info OOIDA lawsuits against violation appeals process consolidated