OOIDA files complaint against FMCSA over driver violation appeals process

Grain Valley, MO – The Owner-Operator Independent Drivers Association filed a complaint (.pdf file) on July 13 with the U.S. District Court for the District of Columbia, claiming the Federal Motor Carrier Safety Administration’s safety record violation appeal process is ineffective and has hurt drivers’ ability to be hired and remain employed.

The lawsuit claims FMCSA releases records of alleged safety violations to potential employers before drivers have gone to court, and that the agency does not remove references to the violations even after they have been dismissed in court, according to an OOIDA press release.

OOIDA cited three instances in which FMCSA would not remove references to a dismissed or overturned violation on a driver’s record during the driver’s pre-employment screening process.

The drivers association requested in the complaint that the court order FMCSA to remove all references to alleged violations that were proven false or were dismissed in court. It also requested that when a driver is screened for employment, any violations being appealed in court at the time of screening should indicate as such to the potential employer.