James F. Mahoney, Attorney
Commentaries
 
     

June 2014

Change to MCMIS Data to Reflect Actual Outcome of Court Cases Involving Driver Traffic and Criminal Violations

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The FMCSA has a plan to update the Motor Carrier Management Information System (MCMIS) to allow the data to reflect the results of court resolutions of citations.

This is a fantastic change by the Agency - actually adhering to Constitutional principles!

Successfully contesting in court the questionable citations handed out at roadside inspections may not be the dead end it had been in attempting to right CSA and PSP scores. DataQ will be modified to allow review of violations that have had the concurrent citation dismissed or plead down.

The Agency has published its rule in the Federal Register.

The change will not apply retroactively, only to inspections with violations as of August 23.

Defeating the court citation will not automatically eliminate the violation. There will be a method in DataQ to submit certified court documents showing the better outcome via court disposition.

As currently required in the MCSAP state grant programs, pursuant to 49 CFR 350.201(s), the States must “establish a program to ensure that accurate, complete, and timely motor carrier safety data are collected and reported, and ensure the State’s participation in a national motor carrier safety data correction system prescribed by FMCSA.”

We look forward to utilizing this new tool to fix what has been an affront to our Due Process rights.

Here's how the Agency expects the changes to appear after resolution of citations:

  • Dismissed with fine or court costs: violation not removed

  • Dismissed without fine and court costs: violation removed

  • Not guilty (or not responsible): violation removed

  • Plea to a lesser charge: inspection will indicate the violation "resulted in conviction of a different charge," with severity weight reduced to 1.