How do I dispute a csa point violation or psp

How many points are bad? It depends... Ask your employer... or your insurance company, or your customers.... I think they are the ones that will evaluate that....

 

OOIDA has filed a lawsuit against the FMCSA over the fact that a dismissal in court does NOT automatically remove the points. You still have to go through the DATA Q process, which basically just asks the issuing agency if the violation should be removed. They usually respond that a court ruling clearing the driver of the violation does not mean the violation wasn't present at the side of the road, so the points stay.

http://www.landlinemag.com/Story.aspx?StoryID=23889

 

What if "dismissal in court" does not mean that the original defect noted on the inspection was not there?

For example. If any of you have spent any length of time in a traffic court room, you have seen this scenario: Big time speeding ticket, driver lawyers up, pleads the charge down to "defective equipment", finding of guilty, pay the court, pay the lawyer. The problem is, was any equipment defective? NO. Was the driver speeding? He does not deny that he was - YES.

These are the kind of shenanigans that happen everyday in courtrooms.

That is the problem I have with OOIDA's lawsuit with FMCSA. If I do an inspection and there is a broken wheel or a flat tire, etc. Just because the accompanying citation was pled down or dismissed in court, does not mean the wheel was not broken or the tire was not flat. This does not "clear the driver of the violation." Why should I, the inspector, have to remove a violation from an inspecton, that was actually there at the time of the inspection?

Now, before you start flaming me, you must understand that I am not the kind to make up violations. If something is broken, it has to be very broken before I will note it on an inspection. If I inspect you, I will review ALL violations found with you before you and I sign the inspection report. If you doubt ANY violation, we will go out to your truck and I will show it to you so we can both agree on it. If you see the equipment, but do not understand how it is a violation, we will go inside and both look it up in the regs. If I made a mistake, I am happy to take it off. If I did not I am reluctant to remove it.

Try to see it from my perspective. What happens in court is a completely different matter than violations on an inspection/CSA points. I am not sure you can NECESSARILY tie them together.

 

Due process. Look it up. In this country, we have this thing where the accused is assumed to be innocent until proven guilty in a court of law. You can write whatever citations you wish, and issue whatever warnings you deem appropriate on the side of the road...but that is merely an accusation of an alleged violation of the law. If you fail to prove your case against the driver in court, or if the prosecutor doesn't feel you have a strong enough case to bring to trial and dismisses the allegations you have made, why should the driver be punished? If the "violation" you notice isn't bad enough to justify a citation, why should the driver be penalized with points for a warning which leaves him no course of action in regards to judicial review? If you think you were correct in the issuance of a citation, show up to court with whatever evidence you have to prove your case. If the judge decides that you were wrong in issuing the citation, why should the points stick?

The CSA point system as it is now runs counter to every legal standard we have in this country. Guilty until proven innocent, and the judge/jury is the agency which wrote the citation/warning in the first place...not much chance for an impartial review.

 

Hey whats up...question...how many points are bad,,,csa points

 

I was so proud of having ZERO moving violations/points on my CDL for so many years (2 speeding tickets in my life none in CMV). But I do not give a carp about CSA... Too many pukes writing "warning tickets" so the driver cant dispute it. Its the easy way out for a lazy cop.

Innocent until proven guilty..... LOL LOL!

Not in Amerika!

 

data -q is a joke not worth wasting your time for

 

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But what if the inspecting officers "interpretation" of the rule is incorrect? Driver has a level 2 inspection, all is fine. Driver uses a log book app on a tablet. Inspector says that driver has to have in possession an instruction manual for the elog per 395.15 (g) (1). HOWEVER, in the rule it clearly states this requirement only applies to automatic logging devices, there is no mention of an elog app which is the same as paper logs just kept on a tablet. All manual entries just with a finger not a pencil. I contacted several industry legal support groups and the answer is the same, it's only a violation, even if you're right, the process is that the inspecting officer has to sign off that he was wrong, and improperly interpreted the rule, I was told I would be wasting my time because even if the officer did reverse the violation there is no guarantee the violation and subsequent points would be removed from CSA. How is that fair?

 

Didn't the FAST Act put CSA on hold?