The Federal Motor Carrier Safety Administration has finalized its plan to allow its Motor Carrier Management Information System (MCMIS) to be updated by the results of adjudicated state citations. The agency announced the change in an interpretative rule and statement of policy that is scheduled to be published in the Federal Register on June 5. FMCSA proposed the change in December.
Based on comments on its December notice, FMCSA decided not to apply the policy retroactively. Instead, it applies to inspections occurring on or after Aug. 23, 2014, and DataQs will be modified to accept requests for data review (RDRs) related to adjudicated citations in August 2014. The Aug. 23, 2014, date is based on the time needed for state implementation of compatible state information technology systems able to record and transmit the adjudication data, FMCSA said.
The change is significant because MCMIS data populates some critical FMCSA systems, such as the Safety Measurement System (SMS) and the Pre-employment Screening Program (PSP). SMS is the heart of the Compliance, Safety, Accountability program, and many carriers use PSP in their driver hiring.
Under the new approach, individuals seeking changes to their citation status must submit certified documentation of adjudication results through an RDR in FMCSA’s DataQs system. MCMIS is being modified to accept adjudication results showing that a citation was dismissed or resulted in a finding of not guilty; resulted in a conviction of a different or lesser charge; or, resulted in conviction of the original charge.
