Payment of Citations
Challenge a Violation of an Inspection
CVE Troopers enforce the Federal Motor Carrier Safety Regulations by conducting safety inspections and issuing Driver Vehicle Examination Reports (DVER). If you receive a DVER and feel that the report is incomplete or the information in it is incorrect, you can make a Request for Data Review (RDR) which is also known as a DATAQ.
What is the DataQs System?
DataQs is the online system for drivers, motor carriers, Federal and State agencies, and others to file concerns about Federal and State data maintained in the Motor Carrier Management Information System (MCMIS) and released to the public by FMCSA. The DataQs system provides affected commercial motor carriers, commercial drivers, and others an opportunity to seek and obtain correction of information maintained and disseminated by FMCSA.
Specifically, DataQs:
- Provides an Internet website to accept RDRs and supporting documentation (fax and/or file upload capability).
- Acknowledges receipt of RDRs.
- Notifies FMCSA and/or State personnel when RDRs are received.
- Accepts FMCSA and/or State postings and responses related to RDRs.
- Provides automated notification capability including receipt of input and status changes.
- Provides reporting capability based on pre-set parameters.
- Tracks RDRs from submission through resolution.
What Data Are Eligible for DataQs Review and Possible Correction?
DataQs system users may request the review of various types of data including: crash data reflecting a CMV involved in a reportable crash; data documented during a roadside safety inspection; data collected during investigations; registration data; data included in complaints filed against household goods (HHG) carriers via the National Consumer Complaint Database. These data may include information about commercial drivers, vehicles, and motor carriers. States collect and report crash data and roadside inspection data, including violations documented during such inspections, into State data systems. The State data systems transmit the State-reported crash and roadside inspection data into MCMIS. RDRs pertaining to State-reported data are therefore transmitted to the reporting State agency for resolution. As a matter of policy, FMCSA considers the State’s determination on the RDR as the final resolution of the request and will not change State-provided data without State consent. Data that are collected and reported by FMCSA during FMCSA inspections, safety investigations and compliance reviews are reviewed and resolved by FMCSA.
What Requests Are Ineligible for DataQs Review and Possible Correction?
The DataQs system should not be used to address the following:
- Alleged errors in a safety rating determination. 49 CFR 385.15 provides that a motor carrier may request that FMCSA conduct an administrative review if it believes FMCSA committed an error in assigning its proposed safety rating. Part 385.17 provides that a motor carrier that has taken action to correct the deficiencies that resulted in a proposed or final rating of “conditional” or “unsatisfactory” may request a rating change at any time. Issues related to safety rating determinations should be addressed under the above-listed regulations.
- Allegations in a notice of claim. 49 CFR 386.14 provides rules of practice for responding to notices of claim issued by FMCSA.
- Questions concerning CSA or SMS, including the interventions process and the CSA enforcement and compliance process tools.
- Determinations on crash preventability. Crash preventability is not considered under the reportable crash criteria. While an RDR may be appropriate to question whether a crash is reportable, DataQs is not the appropriate venue to seek a determination on whether a crash was or was not preventable.
The State DataQs analyst should respond to these requests by directing the RDR filer to the appropriate State or FMCSA office and closing the RDR with the status of “Closed – No Data Correction Made.”
Dave Kerner, Executive Director