December 2nd: FMCSA will publish in the Federal Register a Notice & Request for Comment

December 2nd: FMCSA will publish in the Federal Register a Notice & Request for Comment regarding how the agency will handle adjudicated citations within the CSA SMS going forward.According to the notice, “FMCSA announces changes to its Motor Carrier Management Information System (MCMIS) to allow the Agency to upload the results of associated adjudicated State citations for roadside inspection violation data. MCMIS will be modified to accept adjudication information concerning a citation associated with a violation that (1) was dismissed or resulted in a finding of not guilty; (2) resulted in a conviction of a different or lesser charge; or (3) resulted in conviction of the original charge. This action will improve roadside inspection data quality. In addition, the Agency announces new processes to provide more uniformity in the way the inspection violation data are treated in FMCSA data systems. FMCSA seeks public comments on the prospective application of the changes.”

Comments will be due 30 days after publication. The full notice is 12 pages long.

The thing is, the facts are already in. Most of the time, when a person is accused of speeding, he was speeding. Most of the time, when a ticket is ‘adjudicated’ or reduced or ‘pleaded down’ or whatever expedient term you wish to use, it has nothing to do with the facts of the matter; it is an expedient way to satisfy a voter and still stuff the local jurisdictions bank accounts.

This is why the agency has historically refused to recognize the whole “I’ll plead guilty to parking illegally and pay the fine” arrangements; it is the original charge that has value as a predictor of accident involvement. I think the law is called “masking” or something. . . it is actually illegal for a municipal law judge to reduce the charges unless there is proof the crime was NOT committed. We all know that never happens. But now, at the behest of a bunch of low-information voters, it looks like the agency might have to knuckle under. As for me, I vote in favor of science.

About DOT Compliance Help Inc
Phone: 847-836-6063 web: e-mail DOT Compliance Help, Inc. is a full-service consulting firm specializing in the interpretation and execution of the regulations and guidelines set forth by the US Department of Transportation Federal Motor Carrier Safety Administration. •Mission Statement• To assist our clients in establishing proper safety management controls in order to minimize accidents, injuries, and fatalities. The ultimate goals are safer roadways for the public and increased profits for our clients. Our core consulting competencies include FMCSA Assessments (mock audits), DOT compliance training (on-site and via webinar) and custom safety plans and policies. We also hold DOT compliance workshops and conferences all across the country. Utilizing a proprietary curriculum developed by our President, Mike England, our classes cover everything you need to know about the FMCSRs, how to survive your next DOT Compliance Review, and how Comprehensive safety Analysis (CSA 2010) will affect you.

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