GOVERNMENT NEWS
THE LEGISLATIVE AND REGULATORY RUNDOWN By Adrienne Gildea, CAE, Deputy Executive Director, Commercial Vehicle Safety Alliance
DataQs Reforms on the Horizon Partnership and collaboration among enforcement, the commercial motor vehicle (CMV) industry and the agencies that regulate it are at the core of the Alliance. CVSA and its membership serve many functions. We maintain the North American Standard Inspection Program and all the pieces that comprise it. We provide certification and continuing education training for the inspector community, as well as critical safety training for motor carriers and their safety professionals. CVSA advocates for the CMV inspector community with policymakers and conducts educational outreach on an almost daily basis. The list goes on… One of our most critical functions, however, is the role we serve in providing a forum for industry, enforcement and regulators to come together to identify solutions to the challenges we collectively face in achieving our shared mission of improved CMV safety. When we educate lawmakers and their staff about the Alliance and its purpose, one of the first things we share is that CVSA brings together subject matter experts from across the CMV arena to problem solve. Our meetings are working “roll up your sleeves” kinds of meetings, and this approach results in significant improvements to roadway safety. One recent example of the power of our collaboration can be found in the changes that are on the horizon for the Federal Motor Carrier Safety Administration’s (FMCSA) DataQs program, which is the process by which individuals can challenge enforcement and inspection data by requesting a review by the issuing jurisdiction. Agencies that participate in the Motor Carrier Safety Assistance Program (MCSAP) use the DataQs system to respond to requests for data review. And, while the basic functionality is the same from jurisdiction to jurisdiction, how they each approach the review process itself can vary. For the most part, this customized approach to DataQs is a good thing, and it allows jurisdictions to structure programs that work for them and the industry in their area. However, over the years, CVSA industry members and others in the motor carrier community have expressed concerns with
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the consistency and efficacy of the DataQs system. CVSA has heard from carriers that were seeing what they considered reasonable DataQs rejected with no explanation. Others expressed concerns that the review was sent to the issuing inspector, obstructing the due process the system is intended to provide. Still others expressed concerns over delays and timelines. In particular, some in the motor carrier industry took issue with how challenges to an initial DataQs response are handled in some jurisdictions. Overall, these challenges undermined the credibility of the system and created frustration for industry. For any regulatory model to be credible, it must be built on clear regulations, consistent enforcement and effective due process. In addition, the jurisdictions’ safety programs under MCSAP are built on motor carrier inspection data, and it’s critical that that foundational data be accurate. (For more on the role data plays in CMV safety program development and implementation, check out the article on page 2 from CVSA Executive Director Collin Mooney.) Recognizing the importance of an effective, credible DataQs program, and hearing the rising concerns from industry, CVSA engaged with our member partners at the American Trucking Associations and the OwnerOperator Independent Drivers Association to discuss the program, our shared concerns and potential improvements. After many rounds of discussion and debate, we engaged with our federal partners at FMCSA to discuss the recommendations developed in collaboration with our industry partners. This engagement and collaboration began to pay off in September 2023, when FMCSA published a notice requesting comments on the agency’s proposal to establish a federal appeals process for reviewing DataQ determination challenges. Though it took some time, the conversations and collaboration between the jurisdictions and our industry partners began to prompt substantive changes to the DataQs response and appeals process. In late 2023, the Alliance held a virtual meeting to discuss the proposal to develop CVSA’s comments to the notice. As it turns out, CVSA’s enforcement members
had significant concerns with the proposed federal review concept, and our comments reflected those issues. And again, the collaborative relationship with FMCSA became apparent as the agency heard that feedback, met with the CVSA Board of Directors in June 2024 and went back to the drawing board. This speaks not only to the power of bringing the jurisdictions together to provide a unified voice, but also to FMCSA’s commitment to this concept of engagement and collaboration among the jurisdictions, industry and the regulators. In September 2024, CVSA hosted a presentation by FMCSA on their revised approach to improving the DataQs process. It was apparent that the agency had taken the feedback from CVSA and others and crafted a new approach that met the needs of industry and enforcement. Once again, CVSA brought the membership together to review the new proposal and provide additional feedback and, when the next round of comments was due in September 2025, the Alliance’s remarks were largely supportive of the proposal. Once the new changes are implemented, we will monitor the results and continue to engage with our industry partners to ensure the system provides the necessary opportunities for due process in a timely manner. And in the meantime, we’ll start looking for the next issue to tackle, all with the goal of making our roads safer every day. n