Disputing a Ticket from the FMCSA
Did you receive a violation from the FMCSA? Do you have reason to believe it’s incorrect? Was your driver involved in a crash that was non-preventable?
As most drivers know, there are a myriad of rules and regulations for truckers and it’s tough to stay on top of them all. The officers out on the road have to stay up on these as well, in addition to the safety aspects of their job. Due to these factors, the potential for an incorrect violation is always present.
What is required to successfully challenge these? The FMCSA has a process known as DataQ which allows a motor carrier to dispute such items.
There are a few simple steps we advise our clients to take when they find themselves in this situation:
- Ask for clarity and understanding, but if the officer persists, DON’T argue!
- Make any repairs or corrections right then and there if possible.
- When the inspection is over, take snapshots and videos of the specific item (windshield washer fluid is working, license plate lamp is on, etc.)
- Make sure these pictures and videos are time/date stamped, as they will be needed.
- The driver must write a clear statement of the inspection, discussion, and findings. Be sure to include the exact time/date of the inspection, then print, sign, and date.
- Have the co-driver write a statement from his/her perspective. Also sign and date this statement.
- If the violations were the result of involvement in a crash, get statements from the witnesses.
- Be sure to get a police report.
- Keep all records protected from spills and damages.
- The first submission should not be filed in a hurry or without proper documentation, so ensure all details are thoroughly reviewed.
Whether you are a driver or a motor carrier, we can help challenge incorrect inspection reports and remove them from your records through the DataQ process.
Crown Compliance Advisors LLC
