When can I challenge a roadside violation on an inspection that’s not mine?

By: Tom Bray

Publication: Transportation Safety Management Today

Date Posted: 02/04/2019

Challenging a roadside inspection

You’re reviewing the latest list of your roadside inspections and you suddenly see one that doesn’t belong. In fact, it may have been a case of mistaken identity and shouldn’t be on your record at all. This may raise a couple of questions, such as:

  • How soon can challenge the inspection being in my data, and
  • How do I support my argument?

Challenging roadside violations
Once you have the details on a roadside inspection

You can challenge any roadside inspection once you know the details of the inspection, including the roadside inspection number, inspection location, vehicle plate numbers, and driver name. In situations where the inspection is not yours, you would have seen the inspection in your FMCSA Portal account or in your CSA BASIC data. Either of these locations should provide the necessary details on the inspection.

With that information in hand, you can either request a copy of the roadside inspection report in DataQs or immediately file a DataQs request for review on the grounds that the roadside inspection belongs to another carrier.

Support your argument

To support the claim that an inspection was not yours, appropriate supporting documents could include:

  • A full driver roster showing that the driver was not operating under your DOT number;
  • An equipment list, including license plate numbers, to demonstrate that the vehicle was not one of yours; and/or
  • If you use owner-operators, a list of all owner-operators who were under lease at the time of the inspection.

If, after looking at the details of the roadside inspection, you discover that the vehicle was one that had been leased on but had left the company (and obviously the company markings were not removed), supporting documentation should include documentation showing when the lease was terminated.

About the author
Tom Bray - Transportation Editor

Tom has been with J. J. Keller & Associates, Inc. since 2005. He brought with him an extensive background that includes years of experience in DOT compliance, policy development, driver human resources, driver training, training program development, CDL testing, claims management, and accident and injury prevention.

Expert Help

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