The FMCSA is working to finalize improvements to the DataQs system to increase transparency and fairness. The agency specifically aims to improve the Request for Review process to help streamline the methods carriers must use to challenge data on roadside inspection and crash reports.
While these much-anticipated changes have been in the works for a couple of years, it looks like we are quickly approaching the finish line. Now is the time to refamiliarize yourself with DataQs, which ultimately helps improve the quality of the data used in the Federal Motor Carrier Safety Administration’s (FMCSA’s) carrier and driver scoring and tracking systems, such as Compliance, Safety, accountability (CSA) and the driver Pre-employment Screening Program (PSP).
Setting a standard
The FMCSA’s proposal includes adding a standardized review process for Requests for Review (RDRs) that states must follow. This standardization would be required by states to receive their Motor Carrier Safety Assistance Program (MCSAP) funds.
This new standardized process would require multi-level review that includes an initial review process, a reconsideration process, and a final review process. In some states, this process, or something similar to it, is already in place.
Initial review process
The initial review process begins with a carrier or driver who files the RDR using the current process for either:
- Roadside inspection data from the previous three years, or
- Any crash data from the previous five years.
The assigned state office has 21 days to conduct the initial review, and the person filing the RDR has 14 days to reply to any requests for more information. The officer that issued the roadside inspection or crash report cannot be the sole decision maker.
If an RDR is closed with no action, the state will provide the requester with the decision maker (name and job title), evidence reviewed, the specific reason(s) for the decision, and information on the reconsideration process.
Reconsideration process
The reconsideration process is conducted if the RDR requester wants the initial decision reviewed, giving the state office 21 days to complete the reconsideration review. The decision will be made by a team other than the issuing officer or the issuing officer’s supervisor.
If a reconsideration is closed with no action, the state will provide the decision maker (name and job title), evidence reviewed, the specific reason(s) for the decision, and information on the final review process.
Final review process
The final review process is conducted if the RDR requester is not satisfied with the reconsideration process, giving the state officer 30 days to complete the final review.
The decision must be made by senior leadership within the state agency or a panel assembled to hear final review requests (the panel can be made up of law enforcement and industry). Anyone involved in the initial or reconsideration decisions cannot be involved in the final review.
Next steps
The comment period on these changes is open until August 30, 2025. Sometime after that date, FMCSA will announce the final version of the changes.
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Original article published by J. J. Keller & Associates, Inc.