14 Kentucky Trucker Ah! “To challenge or not to challenge,” that is the question. In this edition of Truesdell’s Safety Tips, I will discuss “Data Q’s,” some tips or suggestions on how to approach Data Challenges and some things that may not be such a good idea. DQ’s, Data Challenges, RDR’s, whichever acronym you prefer, all boil down to your disagreement with a violation issued on a safety inspection or crash report. The Data Challenge process in electronic format began February 2004. It’s hard to believe it’s been that long ago. After 24 years of CMV enforcement, do I believe DQ’s are a good idea? Absolutely! In those 24 years, I can confirm that enforcement does and will continue to occasionally make mistakes. In the right context, I believe DQ’s are a good thing. Provided they are presented with some sort of tangible or supporting evidence, they should be honored by the enforcement agency. With that said, let’s look at some tips that hopefully will help you “win” your data challenge. Best Practices: • Photographs/Video — I suggest having the driver take photographs and/or video of the alleged violation as soon as it is practical upon completion of the inspection, especially if the driver thinks the violation is in error. This will show the condition(s) at the time of the inspection. • FMCSR/Statute —When making your challenge, reference the FMCSR (Regulation) or state statute. This will show you are aware of the regulation/ statute with which you have been cited and it could be an instance where that regulation/statute is inaccurate for the violation alleged. Or in an instance where the officer/inspector has interpreted the regulation improperly, or it is just not the correct regulation/statute for the alleged violation. • HOS Violations — I suggest sending the entire eight days of logs that incorporate the day of violation. This is two-fold. It will show the driver’s last qualifying rest period and will eliminate the enforcement agency from asking you to send logs for additional days to better review the HOS violation(s). Any additional ELD data that helps support the version of events should be sent as well. • CDL/Medical certificate — Send any documentation issued by the state drivers licensing agency. This should refute any “expired/ suspended” violation(s) situations. I emphasize any “email confirmations” the state might provide when the medical certificate is submitted. This may vary from jurisdiction to jurisdiction, but with regard to Kentucky, they do send a “confirmation” showing the certificate was received. DISCLAIMER: §383.73(o) gives the state 10 days to post the medical certificate information to the CDLIS record. • Data-Q Timely — Send the Data-Q in a timely manner. The guidelines allow the carrier to challenge any violation up to three years from the date of the inspection. However, “just because you can, doesn’t mean you should.” You should take enough time to research the violation to make a valid challenge; however, I recommend making the challenge with the event(s) still fresh on the mind of both the driver and enforcement officer. • Violations with Associated Citation —These are most likely the easiest to challenge. If the driver is issued a citation and it is subsequently dismissed by the court, you should gather your TRUESDELL’S SAFETY TIPS By Tristan Truesdell, Staff Assistant, Kentucky Trucking Association
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