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Published September 14, 2023
The Federal Motor Carrier Safety Administration (FMCSA) is set to introduce a federal appeals process for Requests for Data Review (RDRs) submitted through its DataQs system. This proposal, which has been under consideration for some time, represents a major step towards ensuring fairness and accountability in the handling of data-related disputes.
Overdrive’s early-2021 investigation shed light on critical due process issues within the DataQs system. In response, FMCSA expressed its commitment to overhaul the process, emphasizing a greater level of agency involvement. Now, with the publication of the notice, FMCSA introduces an appeals process for third-stage DataQs reviews, specifically targeting requests for alteration of violation, crash, or other information that have been rejected twice prior.
Current System
At present, states bear the responsibility of reviewing and resolving RDRs within DataQs that concern safety data collected and reported in the Motor Carrier Management Information System (MCMIS) by the state. Carriers have the ability to request a review through DataQs and, if applicable, provide supporting documentation. The review is then directed to the relevant DataQs program office, which could be a state agency, an FMCSA field office, or FMCSA headquarters. While most reviews are assigned to state agencies, decisions can be appealed, known as an “RDR Reconsideration.” This may follow the same path as the initial review or a different one, depending on the type of review.
Stakeholder Concerns
Trucking stakeholders have voiced growing concerns regarding the existing DataQs system over the years. Among their key demands has been the establishment of an independent appeals process for reviews.
Proposed Appeals Process
FMCSA’s proposal outlines that DataQs users can initiate an appeal to the agency, but only after both the initial review and the RDR Reconsideration have been denied. All relevant information and documents would be contained within the DataQs review record itself. No new evidence would be permitted at this stage, effectively marking it as the third and final appeal.
Limitations and Focus Areas
FMCSA intends to limit appeals accepted for federal review to matters of significant legal interpretation or enforcement policy implementation. Mere factual disputes between parties would not generally be eligible for FMCSA appeal. Additionally, reviews related to the Crash Preventability Determination Program and petitions to the Drug and Alcohol Clearinghouse would not be subject to FMCSA appeal.
Impact on External Procedures
While the proposed process primarily addresses DataQs reviews, FMCSA notes that decisions from these appeals could potentially impact regulatory procedures external to DataQs. Parties affected by such decisions may leverage them in procedures involving safety rating upgrades or appeals of registration rejections.
Final Determinations
If FMCSA accepts an appeal, the resulting determination would be considered final, as per the terms of the proposal. The agency also plans to introduce new requirements for second-tier reviews conducted by state and federal program offices. These guidelines would include measures to guarantee that each reconsideration request is evaluated by a different reviewer than the one who conducted the initial review.
The FMCSA’s proposal to implement a federal appeals process for DataQs reviews is a significant stride towards enhancing due process and accountability within the commercial transportation industry. By addressing concerns and introducing key changes, this initiative promises a fairer and more transparent system for all stakeholders involved.
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