FMCSA ISSUES PROPOSAL TO ADDRESS ADJUDICATED CITATIONS
posted in Alerts, Blog by Brian Gray
On Monday, Dec. 2, the Federal Motor Carrier Safety Administration (FMCSA) announced its long-awaited proposed process for the treatment of adjudicated (e.g., dismissed) citations in the Motor Carrier Management Information System (MCMIS). The proposed procedure will allow motor carriers to file Requests for Review (RDR) in the DataQs system for citations adjudicated in court. Motor carriers who file RDRs on adjudicated citations will have their MCMIS records amended. Those adjudicated citations that result in a not guilty verdict or dismissed charge will be removed from both the Compliance, Safety, Accountability (CSA) Safety Measurement System (SMS) and the Pre-Employment Screening Program (PSP). Those that result in the conviction of a different charge will retain the initial violation but will be flagged as “resulted in a conviction of a different charge.” In these cases, the SMS severity weight will be set to the lowest value in that BASIC (generally 1 point). Citations resulting in the payment of a fine or court cost, even if dismissed, will continue to be recorded as convictions.
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Dec, 13
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