Don’t Forget To DataQ Your Non-Preventable Accidents!

As a commercial truck driver today, you face challenges while out over the road. There are countless rules and regulations to abide by to keep you and those around you safe. Although these regulations are extremely helpful, they can also lead to false reports or convictions. Because of the occurrence of these incorrect reports, the FMCSA has created a system to allow commercial drivers to challenge the information presented on their safety ratings in the SMS system. The system known as DataQs. When filing a DataQ, you are submitting an RDR, or a “request for data review.”

The program ensures these challenges are sent to the correct state agency for review. The DataQ system keeps the FMCSA involved so the information is processed in a timely manner. It is a common opinion among commercial drivers to think submitting these challenges are a waste of time. We are here to ensure NASTC’s Member companies, the FMCSA amends your requests daily. You as a driver must keep your best interest in mind, so it is important to have the correct data reflected on your SMS safety rating. Below we will discuss the most common scenarios reported using the DataQ system.

Common reasons for a commercial driver to report a DataQ may include the following:

• The inspection or crash does not belong to you, but to another carrier.
• You have an inspection report, but the inspection, is not in the FMCSA safety data.
• In contrast, you may have gone through an inspection with FMCSA, but did not receive a copy of the report.
• You received a violation that is not correct or not a true violation.
• A crash that was NOT DOT-recordable finds its way to your data.
  
  

A DOT-recordable crash includes either fatalities involved, injuries that require immediate treatment away from the scene, or a vehicle towed from the accident scene. Unless your accident is a DOT-recordable accident, it should not appear on your SMS safety rating.

Now that we have covered reasons why you may file a DataQ, lets discuss how to file a request for review. You will need to start by creating your own DataQ login through the FMCSA DataQ portal. If you already have an FMCSA portal account, you can use those credentials to login and file a request as well. Once you have created your account, you are ready to start your review request. In the portal, you will start the process by choosing “Add a request.”  After selecting this option, the DataQ system will guide you through the process step by step with interactive tools and tips to make your experience super simple. Following the submission of your request, you may check the status at any time in your DataQ portal. Typically, you will receive notification of a decision within 14 days.

Another form of review you may submit falls into a category known as the “Crash Preventability Determination Program.” There are specific categories the requests must fall into to qualify for review. These types of crashes are considered “non-preventable.” Each non-preventable crash request requires an Accident/Crash report to validate the request. The categories of this program are:

• Struck in the Rear
• Wrong Direction or Illegal Turns
• Parked or Legally Stopped
• Failure of Other Vehicle to Stop
• Under the Influence
• Medical Issues, Falling Asleep or Distracted Driving
• Cargo/Equipment/Debris or Infrastructure Failure
• Animal Strike
• Suicide
• Rare or Unusual Types of Crashes

If you are preparing to submit your first request for review, please review these helpful tips to strengthen your case with the FMCSA:

• Make sure you select the review category that best describes your situation.
• Ensure you have the correct report numbers for police reports and inspections.
• There will be an explanation box that allows you to give details in your own words. Details Matter!
• Proof, Proof, Proof! – Gather as many photos, dashcam videos, and other documentation as possible.
  
  

More proof will strengthen your case.

It is our hope that you will now utilize this system to better your safety ratings. Although not all requests are successful, it is beneficial to get a second opinion on crashes and inspections in the case they mended for your benefit.

It is crucial to maintain a great safety rating in this industry! Please make note that tickets or traffic violations cannot run through the DataQ system, but incorrect inspections and crashes can be processed for review. We here at NASTC are happy to assist you through this process as well. Take time to care for your safety scores and pride yourself in being a safe driver!