2013 US Trucking Industry News – FMCSA’s Proposal to MCIMS
The FMCSA has proposed that the agency is looking for comments regarding the proposed changes to the MCIMS, or the Motor Carrier Management Information. The proposal was announced in the FMCSA Federal Register Notice.
The FMCSA has mentioned that changes will allow the agency to upload the results of associated adjudicated State citations, for data about the violation of roadside inspection. The MCIMS will be modified in order to accept adjudication info that concerns a citation associated with a type of violation, that resulted in a verdict of “not guilty”, or dismissed. It is also applicable to those that resulted in a conviction of the original charge.
The data in the MCIMS is then used in other data systems of the FMCSA. This includes the pre-employment screening program, and the safety measurement system.
It is required by the FMCSA that states should establish a program to make sure that these records are timely and accurate.
The FMCSA’s data correction system is also known as DataQ. DataQ is a site that allows drivers, carriers, and the public to contest the accuracy of federal and state crash inspections, and violation data within the FMCSA’s data systems.
When this dispute is filed through DataQ, then this request is forwarded straight away to the right Federal and State’s office, in order to be processed.
SafetyNet and MCIMS only record the current inspection and data violation that comes from the initial inspection report. These records do not contain filed data that requires all states to change or modify the file, in order to reflect an adjudicated citation.
The report, which has not been updated, creates problems since the citation always shows up in the carrier’s record at the agency, but an eventual dismissal of the citation from a court doesn’t make it into the system.
A proposal has been made by the FMCSA to the MCIMS to address this issue. In the federal register, the FMCSA has mentioned that the change to MCIMS would include info on whether or not a citation will be dismissed, in case the driver was proven to be not guilty.
If this violation is overturned, then it will be removed from the database of the CSA.
Also, if the charge is changed or reduced in any way, then that would also be reflected and a carrier’s or driver’s score on the CSA/PSP.
The Federal Register has stated that the FMCSA is revising the database of the MCMIS, and has created a new data field that allows the inclusion of adjudicated citation results, that are associated with violations that were documented during an inspection. The end result of these adjudicated citations that are recorded in MCIMS will also be reflected in the FMCSA’s SMS and PSPs.
It was also pointed out that the FMCSA emphasizes the importance of accurate information regarding traffic violations, in addition to roadside inspection violations. This agency will then continue its work with the States, in order to make sure that the commercial learner’s permit holders who are found to have engaged in unsafe driving behaviors are not given relief from the consequences of their actions, through masking of their convictions by the States. By masking these convictions, commercial drivers are allowed to get serious multiple traffic safety violations without the driver’s State of licensure, as well as other States that are aware of the driver’s actual driving history.