If you notice incorrect information in your PSP report or the CSA Safety Measurement System (SMS), there is a tool—DataQ System—to help fight and remove these records that could be keeping your scores or insurance rates high.
When you want to challenge an incorrect violation, a crash that meets the challenge guidelines, or an inspection assigned to you by mistake, you can achieve this through the DataQ process.
DataQ is the online system for drivers, motor carriers, Federal and State agencies, and others to file concerns about Federal and State data maintained in MCMIS and released to the public by Federal Motor Carrier Safety Administration.
How does the DataQ process work?
The DataQ system will ask for:
- the type of challenge you wish to file
- what data is being challenged, and
- details related to the event
These details include a short description explaining the challenge with any supporting documents to be uploaded into the system.
The most important part of the DataQ Process is gathering the best supporting documents when making your case. This may include ELD data, video records, and more. There is a limit to how many times you can challenge that same violation, so being thorough the first time will help you win your case.
If you have an eligible crash that occurred on or after June 1, 2017, you may submit a challenge with compelling evidence to prove the crash was Not Preventable. During the Demonstration Program, eligible crashes are limited to the following:
- Commercial Motor Vehicle (CMV) was struck by a motorist driving under the influence of illegal substance (or related offense)
- CMV was struck by a motorist driving the wrong direction
- CMV was struck in the rear
- CMV was struck while it was legally stopped or parked, including when the vehicle is unattended
- CMV struck an individual committing, or attempting to commit, suicide by stepping or driving in front of the CMV
- CMV sustained disabling damage after striking an animal in the roadway
- Crash as a result of an infrastructure failure, falling trees, rocks, or debris
- CMV was struck by cargo or equipment from another vehicle
After the challenge is filed, the FMCSA forwards it to the correct state motor carrier safety office who will investigate the submission.
The investigator should notify you within 14 days about what their decision is or if they need more time investigating the claim.
If the carrier does not agree with the decision, the challenge can be resubmitted. However, states will only entertain challenges to the initial decision if additional information is provided.
How can you improve your DataQ challenge success?
Our sister company, CNS, has built a great rapport with the FMCSA challenging DataQ’s and have the experience and expertise to determine what can and cannot be challenged.
Their DOT Compliance Specialists are well-versed in the FMCSA rules and regulations, as well as what an officer is required to note on their report.
Whether you would like our DOT Specialists to challenge one DataQ or conduct a monthly analysis of all roadside violations to potentially challenge, they have a cost effective solution for your company.
- Request copies of an Inspection Report
- Contest incorrect, multiple-listed, or missing IEP/shipper information.
- Citation with associated violation
- Assigned to wrong motor carrier or driver
- Challenging a DOT Audit/Investigation
- Challenging a fine as a result of a Notice of Claim or Notice of Violation
- Crash duplicates, record missing, crash report contains incorrect information, crash preventability program*