How to Challenge a Bad Inspection Violation With DataQs

DataQs is the online system where drivers and carriers ask for a review of safety data they think is wrong. That can be an inspection violation or a crash entry. You make an account, file a request, and the state agency that handles it has to respond.

Nothing about this is automatic. You have to file, and you have to give a reason.

FMCSA says the reform gives drivers and carriers "a clearer path to challenge inaccurate data." The key changes:

• Three review stages: initial, reconsideration and final.

• At the first stage, the officer who wrote the violation can't be the only one who denies your request.

• Reconsideration goes to independent experts who weren't part of the first decision.

• The final review goes to a senior decision-maker or an independent panel.

• Every decision, especially a denial, has to explain the reasoning, list the evidence reviewed and say what to do next.

You can ask for review of an inspection within three years, and of a crash within five years. Once you file, the clock is supposed to look like this: 21 days for the initial review, 21 days for reconsideration, and 45 days for the final review.

States also have to file plans with FMCSA explaining how they'll meet those deadlines and clear backlogs. FMCSA says approved plans will be public in the DataQs system, so you can see how your state plans to handle it.

Set up your DataQs account, find the inspection or crash in question, and describe what's wrong in plain terms. Attach whatever backs you up. Short and factual beats long and angry.

If you get a denial, read the explanation. It's supposed to tell you what evidence was looked at and what your next step is. You can take it to reconsideration and then final review if the first answer doesn't go your way. If you're an OOIDA member, the group lists a number for help with filing: 816-229-5791.

Your carrier's safety department may also want to know about any violation you're disputing, especially if it hits the company's record too. Talk to them early.

If you've had a violation that doesn't add up, it's worth a look. A clearer process doesn't guarantee you'll win, but it gives you a written answer and more than one chance.

Your record follows you from job to job, so it's worth keeping clean and accurate. And when you're ready to look at carriers that treat their drivers fairly, we can help.