Data Qs challenge

cheri1122 · Apr 10, 2011

Has anyone filed a challenge using the Data qs system?
I just did, for a violation on a Level 1 inspection: "left rear axle 2nd tire has wear". Based on that criteria, every tire on every vehicle on the road is in violation, right?

Thanks to CSA's point system, we can't afford to blow off anything anymore - we have to take the time to deal with whatever boneheaded 'safety violation' is decided by the officer on site, no matter how wrong it appears at the time it's written.
But what I read in one article is that challenges are kicked back to the origin - meaning the troopers who wrote it will also review it.
Anyone have any real life experience with it?

Dreamer · Apr 10, 2011

"wear"? Thats odd Cheri. Was it below specs or just uneven?

Dale

Posted with my Droid EO Forum App

usafk9 · Apr 10, 2011

I have, Cheri. I got 94 points for a hairline crack in a brake shoe on one, and a parking violation on another. The parking violation was mis-coded as disregarding a traffic control device, and classified as unsafe driving. I challenged, and it was kicked back to the reporting agency. It was voided. Don't know how close to the original writer it went.

Guess i'd challenge yours as vague and ambiguous. I'd also start volunteering for Level 1's as often as possible, in case you don't win.

If you need more details, feel free to PM me. Using wife's phone and ihate it.

nightcreacher · Apr 10, 2011

dont buy a lotto ticket cheri,your luck suks.unless the tire was below min spec's,your always going to have a little more tire wear in 1 tire from another,especially if the axles haven't been aligned
End of last year,dot guy said he heard an air leak,he said it wasnt a safety problem,but still put it in the report.I told him what he heard was air coming from my cold air charger,since it had a whole in it,and was robing me of power.I also told him I was on my way home to fix it.He didn't site me for it but still put it in the report,took me out of my road side safety bonus.Be carefull running rt 30 coming out of Wooster Oh,he sits there all day

x06col · Apr 10, 2011

cheri1122 said:
Has anyone filed a challenge using the Data qs system?
I just did, for a violation on a Level 1 inspection: "left rear axle 2nd tire has wear". Based on that criteria, every tire on every vehicle on the road is in violation, right? Thanks to CSA's point system, we can't afford to blow off anything anymore - we have to take the time to deal with whatever boneheaded 'safety violation' is decided by the officer on site, no matter how wrong it appears at the time it's written.
But what I read in one article is that challenges are kicked back to the origin - meaning the troopers who wrote it will also review it.
Anyone have any real life experience with it?

Missie, wear? Splain a bit, wuz your wear hitting the guage bars, cupped, what? Or, jes plain wore out? There are Troopers out there that are anything but DOT qualified. Did yer tic say less than or what? "Has wear" should give you plenty to call a grudge. All tires have wear about the time them little titties wear off.

cheri1122 · Apr 10, 2011

The violation says exactly what I typed, the depth wasn't gauged [it's well within limits], the issue is some cupping around the exterior - none in the major tread area. I told the officer that I'm aware of it and am keeping an eye on it, but she wrote it as a violation. When I objected [to the Trooper, which she wasn't], he just kept repeating "We didn't put you OOS" as if that's all that counts. They don't know about the points that will go on our record for 3 years?!
Reading that the complaint gets sent to the origin has me a bit worried about how often they reverse their own decisions.
What really worries me is how easy it is for them to find 'violations' - I was ready for that Level 1, and not expecting them to find anything at all - but they did, and the first we hear of it is after they print it out - too late to reconsider their decision.

JohnMueller · Apr 13, 2011

Cheri;

In the past when I challenged Data Q's, seems I always lost. Since the implentation of CSA seems FMCSA is looking more closely at these challenges. Last week we challenged (as a Carrier) two separate inspection violations for two drivers. Won one, lost one.

I've never seen a roadside inspection where the inspector listed tire wear without stating the actual tread depth of the tire (4/32, etc..)

I would think your carrier would be interested in contesting that violation as it affects their CSA basics scores also.

Let me know if you need any assistance.

Thanks,

HotFr8Recruiter
John Mueller, CDS - Safety Director
Premium Transportation Logistics LLC

cheri1122 · Apr 13, 2011

Thanks, John.
The report doesn't specify the tread depth because it wasn't measured, [because it's well above minimum]. The cupping is confined to one edge, and my point is: if it isn't serious enough to need resolution immediately, why is it a violation? Now that CSA makes the 'violations' count, no matter how trivial or unexpected, nitpicking is even less reasonable than it ever was.
I suspect the answer is related to piling up statistics for the agencies [CVSA & MCSA] to flourish when budgets are determined: the more 'violations' they can find, the more critical the need for money to keep looking, right?
It's just too bad if it causes some good and safe drivers to also to be looking - for another field of employment, but if it continues, they will be.
At the least, it hardly promotes respect for "the law".

Email says they've kicked it back to the [NC] agency - will update when they respond.