DataQs is an online platform which allows motor carriers and commercial vehicle drivers to correct inaccuracies in crash and inspection data submitted to the Federal Motor Carrier Safety Administration. Reports from crashes and inspections are fundamental to FMCSA’s Compliance, Safety and Accountability (CSA) program. CSA scores, in turn, can affect motor carrier insurance rates, shipper choice, and even eligibility for weigh station bypass programs like PrePass.
But sometimes mistakes occur in the issuance of citations. A state highway patrol officer, for example, may enter an incorrect truck license plate number or may cite a federal regulation inapplicable to a carrier’s type of operation. Using DataQs, a motor carrier or driver can challenge those inaccuracies by filing a Request for Data Review (RDR). The state which issued the citation reviews the RDR and determines whether the challenge has merit. The motor carrier or driver can request an RDR Reconsideration and appeal the initial state decision.
In 2023, FMCSA proposed that RDRs which raise issues surrounding federal regulatory and policy interpretations would receive a federal-level review. Industry commenters, however, responded that the real DataQs problems were at the state level, where review processes differed, RDRs took long to resolve, and determinations were often made by the very officer whose actions had triggered the RDR in the first place.
Now FMCSA has published a new notice in the Federal Register (https://www.federalregister.gov/documents/2025/07/01/2025-12059/proposed-revisions-to-dataqs-requirements-for-mcsap-grant-funding). FMCSA proposes using Motor Carrier Safety Assistance Program (MCSAP) funding as a means of requiring consistency, clarity, impartiality and timeliness in state RDR decisions and appeals. MCSAP is the federal funding stream supporting state-level commercial motor vehicle safety programs.
Under the FMCSA proposal:
- States must submit to FMCSA a plan detailing their RDR process. Approved plans would appear on the DataQs website, so those requesting a review would know the process to be followed.
- States must open RDRs within 7 days and respond within 21 days. Requestors have 14 days to provide information. The officer who issued a citation cannot be the sole decision-maker for denials.
- For RDR Reconsiderations, states must open the file within 7 days and decide within 21. At the reconsideration stage, states must involve subject matter experts but cannot include the issuing officer or that officer’s direct supervisor. Any denial at this or at the initial stage must include detailed reasoning.
- A Final Review stage follows, with states beginning at 7 days and deciding within 30 days.
- Throughout, the burden of proof resides with the motor carrier or driver requesting the DataQs process. And throughout, an RDR or appeal may be dismissed if needed documentation is not provided by the motor carrier or driver.
FMCSA argues that this new DataQs process will improve the timeliness and transparency of state actions, while protecting industry participants from officers serving as both judge and jury.
To submit comments online, go to https://www.regulations.gov/docket/FMCSA-2023-0190/document, click on this notice, click “Comment,” and type comments into the text box on the following screen. Public comments are due by September 2, 2025.