On August 23, 2014, the Federal Motor Carrier Safety Administration (FMCSA) created an adjudicated citation policy that allows drivers and motor carriers to argue against a citation. The term adjudicated citation refers to a citation received by a motor carrier or driver that has resolved through some type of due process. This occurs through a due process proceeding at the federal or state level. It can also go through an administrative tribunal if applicable. You can only contest a citation that you received after this date.
The FMCSA files all adjudicated citations whether for or against the driver or motor carrier. The agency also gives no consideration to whether the citation was part of a plea agreement or tried by a prosecutor or judge. Changes to the policy in August 2014 better reflect contested state citations that went through the court or administrative tribunal system.
Steps involved with requesting an adjudicated citation.
If you want to contest a citation, you first need to make sure that it meets the criteria to file a Request for Data Review (RDR). The most common reasons drivers and motor carriers file an RDR include dismissal of the original charge or the party receiving the citation admitted to a different type of charge.
If you feel the citation you received meets this criteria, your next step is to navigate to the DataQs website operated by the FMCSA. If you haven’t established an account there yet, you must first register at no cost to you. The system will then prompt you for a login and password. Once you’re signed in, you can select the option to file an RDR after receiving a citation from a roadside inspection.
Next, choose adjudicated citation from the list of reasons why you’re filing an RDR. You will then need to upload supporting documentation showing why the FMCSA should review your claim.
So, that’s the deal with contesting an adjudicated citation and what’s involved with that process.
Results of RDR not automatically updated in FMCSA system
If the results of the citation change in your favor, it’s up to you to request that the FMCSA update its records. You can do this by submitting the details of the inspection along with documentation certified by the court to be true and accurate. It’s important to check your record with the FMCSA regularly to ensure that all information contained within it is correct.
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