5 tips for successful DataQs appeals
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- Опубликовано: 18 май 2024
- In this video, we offer tips to motor carriers and drivers to successfully appeal violations from roadside inspections and/or DOT audits.
Trucksafe Consulting, LLC is a full-service transportation safety consulting firm, offering one-on-one consulting services as well as industry-leading training resources and compliance forms. Brandon Wiseman and Jerad Childress, Trucksafe's owners, are transportation attorneys who have worked with the nation's largest and most sophisticated motor carriers on USDOT safety regulations. They focus their efforts on helping carriers develop and foster state-of-the-art safety programs. For help managing your DOT policies and procedures, mock DOT audits, safety rating upgrades, DataQs appeals, and much more, contact us through our website: www.trucksafe.com 
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The majority I've filed have been for non-preventable DOT recordables.
Great video. I had a driver get a possession violation, and the officer gave him a warning. However the officer did not test the substance or weigh it. In a regular court proceeding that would be grounds for dismissal, is that a significant enough discrepancy to have it successfully removed? Should I draft it like a motion and submit case law? Or put everything into layman's terms.
Hey bud just watched your video. Nice job by the way and great content. It seems this is more of your professian so I have a question for you. I had a using cell phone on my psp and a company won't hire me without getting it removed. Is it possible I can remove this or am I basically screwed and have to lay my cdl down for good?
Also they did not convict me in court for this because the police officer did not show up. So I was not charged in court
If it was dismissed in court without you having to pay court costs, you can file a DataQs “adjudicated citation” appeal and get it removed from your PSP.
Can you dispute HOS violations and traffic ticket warnings if not at DataQ then were. Thanks.
What can i do with vehicle maintenance violation smh. My Amazon Relay account been suspended i had no warning and its my only source of income. I already got them all fixed anywhere they can forgive me!!? Or give me a 2nd chance?
What is the link ?
Our driver was misled by officer informing him he was not being placed oos (matter addressed on site) then passed him on Level 1. He noted on citation driver was placed out oos. Discrepancies on citation vs what reported on SMS. Driver hasn't paid fine, unable to secure attorney due to rural area and no knowledgeable attorney in area. Paying fine, is assuming violation which we don't agree with. Should they just pay and submit to Data Q? Very lost with how to handle. New follower here. Appreciate your videos!
Oos was for securement, fixed on site and Officer passed him on Level 1. Then noted driver was rather placed oos although he assured driver he was not. Very confusing, I know.
If the OOS condition was present during the inspection, then it’s properly noted as such on the inspection report regardless of whether it was fixed on site. Stinks that the officer said otherwise, but not much you can do about it now. If it were me, I’d find a lawyer somewhere in the state to fight the citation and hope it gets dismissed or downgraded. Then you can file the DataQs based on the adjudicated citation.
Will be difficult to succeed on the DataQ if the fine is paid.
Hello, how long does it take for an oos to be removed or score to drop from fmcsa safer?
24 months
@@Trucksafe My understanding (at least used to be) that driver violations are on there for 36 months, the 24 month timeframe applied to a company only.
Is that still the case or did they change that to 24 months for both driver and company?
On PSP, violations are shown for 3 years and crashes for 5 years. But on SAFER, it’s 24 months
Another great video, I recently got placed out of service. My log book wasn't correct so the officer put me out of service.
The question I have is, can DOT pull you over for anything? Meaning if your just driving, no headlights out or anything but someone just pulling you over?
Yes they can when you’re operating a commercial vehicle.
That sucks bad! Lol but thanks for the feedback. I'll be subscribing because I need to learn this
You may also want to check out our Trucksafe Compliance Network. It’s free to join and we do a lot of free content through it. We also have an app for it. Trucksafenetwork.com
@@Trucksafe what’s the best approach to disputing a positive drug test with the Clearinghouse but having prescription meds list to show? I tried to explain to the MRO that I take prescription meds but they didn’t believe me and hung the phone up on me.
@teddyslogistics1119 Not a lot of great options available to you. You should try filing an appeal (instructions here: clearinghouse.fmcsa.dot.gov/Resource/Index/DataQs-Submit-Petition_Driver). But they give a lot of deference to the MRO in our experience.
Any number to contact dataQs for petition drug and alcohol
Check out this link: clearinghouse.fmcsa.dot.gov/Resource/Index/PA-Record-Correction-Requests