Have you ever looked at your Pre-employment Screening Program (PSP) record on DataQs, only to find the history of conviction for a traffic ticket never got removed after you appealed and won? Did you know you can Request a Data Review (RDR)? Once a ticket is appealed and won, or the charge is dismissed or changed, you can get the Compliance, Safety, and Accountability (CSA) points removed or changed.
What Is an RDR?
A DataQs RDR assists carriers and drivers appealing charges that adversely affect their CSA points. That data could be from roadside inspection violations, traffic tickets, and collision investigations.
CDL holders and carriers must strive for a low CSA score. When they receive a roadside inspection violation, it is given CSA severity points and placed in their PSP driving record. The system is backward for them. They are guilty until proven innocent.
When they contest a violation in court and get it dismissed, it might get removed from their record depending on the efficiency of their state licensing agency and the people at the FMCSA Safety Measurement System (SMS) records. When those charges get downgraded, the number of points they received should get downgraded as well.
When this does not happen, it is up to the driver or the carrier to request an RDR to get their file corrected. This is done on the DataQs website. However, when they receive a traffic ticket, they must hire a traffic attorney to challenge it in court. An experienced and knowledgeable traffic attorney can also file an appeal or request dismissal or reduced charges, and assist with the RDR.
An RDR should get completed after a careful legal review of the situation. Since you will likely only have one opportunity to get it right, you may want to consider having an attorney assist with the correct wording. Once your claim is investigated and verified, you can submit evidence, photos, and statements that substantiate your challenge.
Some CDL holders do not believe it is worth the effort or expense to hire an attorney to assist with an RDR. Think about it; if you can get points removed to clear your record, it might allow you to get a position with a high-paying firm. The difference in pay for one month might pay the attorney’s fee.
Rules Could Change for Non-Preventable Accidents
The FMCSA announced on 31 July 2019 they are looking at eliminating CSA scores about non-preventable accidents soon. Currently, there is no system to prevent the reports of non-preventable accidents from going on a driver and carriers record.
A report of an accident negatively affects their records. Although this information is not open to the public, it is used by the SMS to determine who will receive more roadside inspection and internal interventions.
When a carrier has a percentile between 75 and 100 based on their CSA severity scores, multiplied by a time-weight score, and then balanced by the number of vehicles and miles driven, their DOT number is identified by the Inspection Selection System (ISS) for roadside inspections.
Therefore, even their drivers with clean records will get pulled into weigh stations for a cursory inspection. Normally, if they’re within weight and their documents are in order, they are allowed to continue without a full level one inspection.
If the FMCSA initiates this change after comments, nonpreventable accidents will get removed from the PSP of drivers and the SMS percentile of carriers. Likewise, we assume borderline accidents will be open for additional investigation by attorneys and private investigators, but that remains to be seen.
In the meantime, all CLD holders can do is hire an attorney and challenge every violation.
Who Handles CDL Holder Tickets in Madera County?
Call Bigger & Harman at (661) 349-9300 to discuss resolution of your traffic tickets and violations from roadside inspections. Se habla Español (661) 349-9755.
We offer CDL holders a free initial look into their case. Just give us a call or send us an email, attorney@biggerharmanlaw.com with the details of your situation. Include a scanned copy of your ticket or violation, and we will let you know what we believe is your best option for resolution.
We handle only traffic law with a flat fee so that you know in advance how much we will charge for resolution regardless of hours spent or the number of court appearances.
References:
The 2019 CA Commercial Driver Handbook.pdf
The FMCSA DataQs page
The overdriveonline.com article, DOT Moves to Add a Form of Crash Accountability to CSA system