JustCDLJobs.com
Contact Us
Monday-Friday
7am - 11am EST
Saturday
7am - 11am EST
Sunday
7am - 11am EST





This webpage uses Javascript to display some content.

Please enable Javascript in your browser and reload this page.


OOIDA Files Lawsuit Against FMCSA Over Safety Record Database
Posted on Jul 17, 2012


Owner-Operator Independent Drivers Association

Web site: www.ooida.com

Facebook - OOIDA

 

 

 

FOR IMMEDIATE RELEASE

Contact:  Norita Taylor, norita_taylor@ooida.com

816-229-5791

 

OOIDA files lawsuit against FMCSA over safety record database  

 

(Grain Valley, Mo., July 16, 2012) – The Owner-Operator Independent Drivers Association, OOIDA, filed a complaint with the U.S District Court for the District of Columbia against the Federal Motor Carrier Safety Administration with regard to its Pre-Employment Screening Program and the DataQ appeal process.  

The suit alleges that FMCSA releases records of alleged safety violations to potential employers before drivers have had their day in court and that it refuses to delete references to such violations even after drivers have been exonerated in court. The data stored in the safety records database is also utilized by the Compliance Safety Accountability enforcement program, known as CSA.  

Three plaintiffs named in the lawsuit were cited for alleged violations during the course of routine inspections. All three drivers challenged the citations in court and were either acquitted of the violations or had their cases dismissed. 

When they attempted to use FMCSA’s DataQ appeal procedure to have corrections made to their safety records, the FMCSA denied the challenges and refused to make the necessary changes despite the court rulings. The bad data continue to remain in the system, which can have a negative impact on a driver’s ability to be hired or remain employed.  

“By refusing to accept the determination by a court, the FMCSA has in essence made state law enforcement agencies the final judge and jury on all citations,” said Jim Johnston, OOIDA president. “This can ultimately threaten business opportunities and income,” he added. 

When a DataQ challenge is submitted by a driver to FMCSA, it is routed back to the state where the inspection report with the alleged violations originated, which according to the lawsuit is the agency’s way of delegating the responsibility of accurate and complete data to the states.

The suit alleges the agency fails to comply with the Fair Credit Reporting Act, with the Privacy Act, and with mandates governing agency action contained in the previous highway bill, SAFETEA-LU. The lawsuit asks the court to order FMCSA to purge all data for which there has not been a judicial determination of guilt; purge all reports where a court has dismissed or ruled the driver not guilty; purge all reports that are not “serious driver-related violation(s)”; enjoin the agency from distributing information without any reference to a dispute and a summary of the dispute; and enjoin the agency from distributing false, inaccurate, incomplete or misleading inspection reports.

The Owner-Operator Independent Drivers Association is the largest national trade association representing the interests of small-business trucking professionals and professional truck drivers. The Association currently has more than 150,000 members nationwide. OOIDA was established in 1973 and is headquartered in the greater Kansas City, Mo., area.




<< Back


Sapp Bros
Marten Transport
Lucas Oil
Lytx DriveCam™
Crete Carrier
NASTC
Blue Tiger USA
The Big Rig Mattress.com
The Little Clinic
Rand McNally
Victory Tax Solutions
BeavEx, Inc.
XPO Logistics
PrePass
TruckerLine
More Sponsors...
Click to Visit
Click to Visit
Click to Visit