When can I challenge a roadside violation on an inspection that’s not mine?
By: Tom Bray
Publication: Transport Safety Pro Advisor
Date Posted: 02/04/2019
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?
Once you have the details
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.
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