Published: Wednesday, April 23, 2025
By Brian J. Riker
I’m sure almost everyone reading this has had an inspection from motor carrier enforcement sometime in their career, probably more than one, and likely at least one they felt was incorrect or unfair. Fortunately, there is a process for reviewing and correcting these reports, although it is somewhat broken and ineffective.
Myth #1 – Roadside inspections don’t mean anything if I don’t get a citation.
False. The Officer didn’t do you a favor by only writing the inspection report; in fact, they made it more difficult to challenge their work without an accompanying citation.
Inspections conducted on commercial vehicles by motor carrier enforcement officers are reported to the Federal Motor Carrier Safety Administration’s Safety Management System as part of their Compliance Safety and Accountability (CSA) program. This database is used by law enforcement to decide if your company should be flagged for more roadside inspections or if they should be audited at your office. Insurance companies also use this score (or their own version of it such as CAB) as part of their formula for rating insurance.
These violations are presumed accurate just because the inspecting officer said so, and as such, go onto your company safety score immediately. Inspections that don’t result in a citation are the hardest to challenge and have corrected or removed from the SMS record.
When you are given a citation to accompany an inspection report and then successfully challenge that citation in Court, the FMCSA must remove the inspection results from your record if you ask them to.
With an inspection that does not result in a citation, the only way to challenge it is to request a DataQ, which is sent back to the same Officer that wrote the violation in the first place. It is rare that the Officer will change their mind.
Myth #2 – These DOT violations don’t matter to me as a driver, they go against the company.
As a driver, CDL or not, your interactions with DOT enforcement follow you to an extent. Many employers, or their insurance underwriter, will pull your Pre-employment Screening Program (PSP) report from the FMCSA before making a hiring decision. This report shows your prospective new employer, all crashes for the past five years and roadside inspection results for the previous three years. This report can help them, or their insurance company, decide if you will help or hurt their overall SMS score or if you are just too risky to hire.
A lot of insurance companies also use this data to double check your “clean” driving record. It is possible to have an MVR report from your licensing state that shows no tickets or crashes but then find multiple serious DOT violations, such as hours of service or overweight reports, on their PSP record. These patterns are indicative of a problem driver, one that disregards the rules, and as such many insurance companies will disqualify them or at least charge more for the risk they are assuming.
Myth #3 – It isn’t worth filing a DataQ challenge, the Officer is always right.
Unfortunately for companies, when a poor driver leaves the results of their behaviors stay on their SMS score and insurance loss runs for many years to follow, so they need to be selective in hiring. This is why as a professional driver it is very important for you to protect your driver’s license and SMS scores, and as an employer it is equally important to keep the problem drivers out of the company in the first place.
That said, to make the best possible hiring decisions we need the best possible data. That is where DataQ challenges come in handy. Data Quality, or DataQ for short, is the process currently used by the FMCSA to correct erroneously reported information. Both a motor carrier and a driver can file these review requests online themselves for free. A third-party professional service is not required although they can be beneficial, especially with complex challenges.
Never accept an inspection report or citation at face value and always seek the opinion of an expert. Like everybody else, law enforcement officers don’t always get it right, and contrary to popular opinion Courts are not out to get you. Most Judges are interested in seeing justice served -not in destroying someone’s career- which means they usually are willing to work with you even when you are guilty if your attitude is one of respect and gratitude.
How do I challenge a violation?
A good challenge begins with a thorough investigation, which starts with asking the Officer to point out the violation to you so that you can fully understand what they are claiming. If it is safe to do so, take plenty of pictures of the area(s) in question (both close up and distant) being sure to make it clear you are still at the inspection location. These will allow an in-depth review of the alleged violation to determine if it is in fact a violation. Photos are key to a successful challenge either in Court or thru the DataQ process. If you must make repairs or corrections before continuing, or even later at a repair shop, have the condition before and after well documented to support your position that there may not have been a violation.
You can then log onto the DataQ website at https://dataqs.fmcsa.dot.gov/ and submit your evidence, explanation and request a review. Often these go back to the same Officer, or their Supervisor, so be sure to be accurate and polite in your portrayal of the events as they happened. You will receive a response within 30 days, although it can take longer and some back and forth with additional comments and information for more complex challenges.
If a citation was issued along with the inspection report wait until after trial to file your DataQ challenge. If the citation is dismissed, or amended, then nothing beyond a copy of the court record needs to be submitted to have the report updated. If no citation was issued, you can file a DataQ challenge as soon as you have gathered enough supporting documentation to prove that there was no violation at the time of the inspection.
Bottom line, we all make mistakes. It is on you as a professional to know the rules and regulations that govern your business. Knowing what is permissible goes a long way in avoiding inspections with violations, and when incorrectly accused of a violation helping to set the record straight. Insurance companies are watching your DOT safety record closely so it is very important to challenge anything that may be incorrect. Your company’s survival may depend on it.
Published: Friday, April 18, 2025
By Randall C. Resch
Look closely at the opening photograph to see what appears to be a motorcyclist standing in live traffic lanes. What the … ? Towers are quick to judge another tower’s actions before knowing the facts. To that point let’s consider: Do emergency incidents allow sufficient time to react when scenarios go beyond normal?
A forum’s video captured highway traffic stopped and stacking on a busy California freeway. Serving in official capacity, a Freeway Service Patrol tower guardedly drove his FSP wrecker onto the right shoulder on approach. Noting vehicles already stopped, the operator likely directed focus towards stopped vehicles (thinking a crash occurred), but not seeing an already dismounted motorcyclist grab a carpet chunk from traffic lanes.
Considering the cyclist a pedestrian in the roadway, the operator believed he was at great peril of being struck. That’s a lot to consume without details! Seconds later, the motorcyclist, carpet in hand and on his own accord, appeared to lunge towards the emergency shoulder. With traffic approaching from behind, the operator quickly drove towards center lanes. Was it the operator’s intent to shield the pedestrian from fatal strike?
Fast Moving Action
In true manner, distracted drivers don’t react to emergency lighting, SDMO laws, or stacking traffic. A construction truck, pulling a trailer with Bobcat atop, never slowed its speed, plowing the wrecker from behind. Luckily, the pedestrian wasn’t hit.
In my opinion, the FSP operator likely spared the pedestrian’s life. In consideration to the operator’s actions versus the “Letter of Law” would the operator’s actions likely be considered “at fault?”
Tell me quickly, was it a crash? Was the motorcyclist standing in highway lanes? If you were immediately inserted into this chaos without details, would you react differently? Fair or unfair, sometimes “arrival assessment” doesn’t afford towers sufficient time to react. If you’re one of the naysayer’s, how can you judge if you weren’t there?
Shared Responsibility?
Having carefully watched the video as though I was the on-scene investigator, I’d consider all possibilities to conclude as to which party is the most likely at fault? Let’s approach this narrative from a center of the road perspective.
Noting vehicles were stopped in live lanes, was the operator’s focus on stopped vehicles thinking a crash occurred? Is it possible the operator didn’t see the dismounted motorcyclist retrieving debris from lanes?
From my review, the video depicted the motorcyclist moving quickly towards the emergency shoulder with carpet in hand. Is it possible the FSP operator perceived the pedestrian was about to be struck?
Do you know whether or not the FSP operator had contacted CHP dispatch for instructions? Because FSP was on-scene, was there a duty of care to protect already stopped traffic, even though he hadn’t made contact yet? Because of total on-scene complications, don't be so quick to poke fault. Damned if you do, damned if you don’t, right?
Tough Decisions
FSP patroller’s attend special, three-day training required by CVC, Section 2436.5. Training is specific to vehicles involved in collisions, stopped in lanes, abandoned, even debris in the roadway. Many similar scenarios oftentimes require traffic breaks to slow traffic. But when ‘blink and it’s there scenarios’ happen quickly, there’s not always time to determine the possibilities.
As for the officer tasked to this investigation, assigning fault comes down too many contributing factors. Consider the following pertaining this scenario:
-- Were the wrecker’s overhead emergency lights “on” per, CVC 21809, Slow Down Move-Over law?
-- Did the FSP operator violate unsafe movement (left or right) per, CVC 22106
-- Did the construction truck violate, CVC 21809, Slow Down Move-Over?
-- Did the construction truck’s brake’s fail?
-- Did the construction truck have a full/partially full, auxiliary, bed mounted fuel tank?
-- Was the construction truck’s load too heavy for panic braking?
-- Was the construction truck’s driver intoxicated? A medical issue?
-- Was the construction truck driving at speed too fast for conditions, CVC 22348, (Speed on highway)?
-- Did the motorcyclist (pedestrian) violate, CVC 22400, blocking/impeding traffic?
-- Did the FSP operator violate SOP procedures regarding roadway debris or vehicles stopped in lanes?
-- Open Your Mind
When investigating collisions, every crash includes associated factors. In all fairness to determining, who’s at fault, remember that FSP towers are allowed a level of decision making to fit the scenario. How would you have reacted under similar conditions?
If you’ve never arrived at this kind of right now situation, know that arrival assessment must be quick and decisive. I believe the FSP operator’s perception may have spared the motorcyclist's life.
Perhaps it was the motorcyclist who was initially at-fault for stopping in live lanes, even if to be a Good Samaritan himself. None-the-less, assigning fault is specific to what laws violated “Letter of the law” versus “Spirit of the law” considerations. Don’t judge when you don’t know!
Operations Editor Randall C. Resch is a retired, veteran, California police officer, former tow business owner and industry advocate. As consultant and trainer, he authored and teaches tow truck operator safety courses approved by the California Highway Patrol. For 55-years, he has been involved in the towing and recovery industry. In 28-years, he has contributed more than 760-safety focused articles for American Towman Magazine, TowIndustryWeek.com and is a frequent seminar presenter and beauty pageant judge at tow shows. In 2014, he was inducted to the International Towing and Recovery Industry Hall of Fame, was the 3rd recipient of the industry's "Dave Jones Leadership Award," and is a member of American Towman’s Safety Committee. Email Randy at rreschran@gmail.com.
Published: Wednesday, April 09, 2025
By Brian J Riker
A single traffic ticket might seem like a minor inconvenience—until it costs you your job, your insurance, or your ability to earn a living. For tow operators, commercial drivers, and even non-CDL drivers working in the transportation industry, your license is your livelihood.
Unfortunately, many drivers don’t realize the long-term consequences of traffic violations until it’s too late. Often a panicked driver or tow boss will ask what they can do to “get this off my record.” Most often, they are referring to a traffic citation, and usually they are asking way too late for anyone to be of much help. After the conviction is not the time to find out how serious a violation is as the damage is already done and most courts will not reopen a closed case without a good reason. Loss of insurance coverage or your job is not a good reason in their eyes.
This is why they ask you if you understand what pleading guilty means and if you fully understand the consequences. Unless there was a technical error or gross miscarriage of justice, they don’t want to put more work back onto their plate and rehear a closed case.
This article aims to separate fact from fiction and help you make informed choices before it's too late.
Disclaimer: I am not an attorney. This article is not legal advice. Every situation is unique, so please consult with a qualified attorney, especially one familiar with commercial driver regulations in your home state.
Myth #1: “What I do in my personal car doesn’t affect my CDL.”
Wrong. Whether you’re behind the wheel of your own vehicle or a commercial one, it all goes on the same license—and the same driving record.
There’s no “separate” record for your personal driving. Serious offenses—even those committed in your private car—can lead to CDL suspensions, job loss, or increased insurance premiums.
Know the Rules: CDL holders should be familiar with 49 CFR § 383.51, which lists violations considered serious or disqualifying. Even non-CDL drivers may be judged by similar standards by employers and insurance companies.
Myth #2: “Stuff happens. The company will understand.”
Maybe—not always. A professional driver is held to a higher standard, and it's your responsibility to protect your record. The best strategy? Avoid the violation altogether. But if you do receive a ticket, don’t just pay it and move on.
Before pleading guilty, consult an attorney—preferably one who understands CDL law. The wording of the charge and how it's reported to your state can make all the difference. Make sure your attorney understands your position as a regulated commercial driver, and if out of state, they understand how your home state will view the charges.
Myth #3: “Out of state? No big deal.”
False. With regard to CDL drivers, every state is required to report all convictions to the CDLIS system, a Federally maintained database, which means your home state will know about anything that happens, even when the ticket happened while driving a car. Most states also report non-CDL convictions back to the licensing state, so unlike years past when these could get “lost” in the system, with modern databases today, they will show up on your record.
Again, when deciding to fight or pay a ticket, be sure you understand how the conviction will be treated by your home state. Most states require professional drivers to self-report any conviction, which a plea of guilty or paying a fine (even a no contest type plea) is still a conviction, and failure to self-report can result in a suspension of your license.
Myth #4: “It’s just a ticket. No big deal.”
Big mistake. A charge that seems minor in one state may carry serious consequences in another—especially for commercial drivers.
Here’s a real-world example:
A driver gets a ticket for following too closely. In one state, it’s a couple of points and a fine. But for a CDL holder, it’s classified as a serious traffic offense. Get two of those within three years, and you could lose your CDL. Or consider lane violations. If you’re caught driving a CMV in the left lane (banned in many states), and the charge is recorded as "failure to obey a traffic control device," it could be treated as a disqualifying offense.
❗ Prosecutors are not responsible for protecting your CDL. Even well-meaning ones might not understand how your home state will handle a conviction.
Final Takeaways:
--- Always understand the consequences of pleading guilty before doing so.
--- Consult a knowledgeable attorney—especially one familiar with commercial driving law.
--- Take every ticket seriously, no matter where or how it happens.
--- Protect your driving record like your job depends
