A recent lawsuit reguarding DataQ challenges was filed by the
Owner-Operator Independent Drivers Association (OOIDA) on behalf of its
members and resulted in the U.S. Court of Appeals for the District of
Columbia Circuit agreeing to hear the case. The ruling allows the association to file a federal
district court challenge.
The case was filed because the OOIDA’s claims that
the Federal Motor Carrier Safety Administration (FMCSA) refuses to
remove certain safety events from its Safety Measurement System (SMS).
The OOIDA filed the suit for a member who was cited by a Montana Department
of Transportation Officer for failure to stop at a weigh station. A
Montana state court dismissed the charge, The OOIDA
member filed a DataQ requesting to have the violation removed from the SMS.
The FMCSA denied the request, and the event attributed to the driver
remained in the federal database.
The OOIDA asserts that truck drivers
are entitled to challenge (in federal court) the agency’s management of
the DataQs program. OOIDA filed a similar challenge on behalf of four
other association members. This case is currently pending in federal
district court. The Department of Justice indicated that the case was
filed in the wrong court. A federal appellate court needs to hear the
drivers’ challenges instead.
The OOIDA filed the one member’s case in
the federal appeals court, asking it to rule on the jurisdictional issue
and to transfer the case to district court if it agreed with the OOIDA’s
position. The federal district court hearing the case filed by the other
four members stayed further action pending the outcome of this
particular appeal.