FMCSA to allow for better removal of citations from the MCMIS

Dec, 2 2013 – FMCSA has published a notice in the Federal Register that announces changes to its Motor Carrier Management Information System (MCMIS) to allow the Agency to upload the results of adjudicated State citations for roadside inspection violation data.

FMCSA is modifying its MCMIS to accept adjudication citation information with a violation that (1) was dismissed or resulted in a finding of not guilty; (2) resulted in a conviction of a different or lesser charge; or (3) resulted in conviction of the original charge.

The Agency’s State partners will be directed to modify their processes and procedures to capture the adjudicated results associated with roadside inspection violations and upload the information to FMCSA.

Currently, the FMCSA merely advises their DataQ analysts to exercise discretion and good judgment in determining whether fairness dictates removal of the violation from the State and Federal database. However, the Agency found that some states will automatically remove a violation associated with an adjudicated citation for which there is no conviction, while others do not unless evidence submitted to the court supports a finding that the violation did not occur. The Agency believes the changes will improve roadside inspection data quality and consistency.

The comment period for this notice ended January 2. You can view details and comments at www.regulations.gov using Federal Register Number: 2013-28795.
FMCSA intends changes to apply to citations occurring on or after the implementation date.

The table below indicates how the adjudicated outcomes documented in MCMIS
will impact the use of the cited violation in FMCSA’s SMS and PSP databases:

Result of adjudicated citation associated with a violation uploaded to MCMIS:

Violation in PSP:

Violation in SMS:

(1) Convicted of original charge

Retain violation

Retain violation

(2) Not guilty/Dismissed

Remove violation

Remove violation

(3) Convicted of different charge

Retain AND indicate violation as “Resulted in conviction of a different charge”

Retain AND indicate violation as “Resulted in conviction of a
different charge”; SMS severity weight set to lowest BASIC* value

Adjudicated Citation:

A citation that has been contested and resolved through a due process proceeding in a State, local, or administrative tribunal, regardless of how the action is resolved, whether by a judge or prosecutor or as part of a plea agreement or otherwise.