It happens: an inspector places your driver out-of-service for ELP, but you know that driver can communicate fine. Maybe they were nervous. Maybe the inspector was having a bad day. Maybe it was a genuine mistake. Can you fight it?
The short answer is: sometimes, but not the way most carriers hope.
Understanding DataQs
The DataQs system (Request for Data Review) is FMCSA's official process for challenging inspection and crash data. It's not an appeal in the traditional legal sense—it's a request to review whether the recorded data is accurate.
Key points about DataQs:
- It's an administrative review, not a hearing
- The reviewing state agency decides based on documentation
- There's no guarantee of a "day in court"
- Success rates for judgment-based violations are low
Valid Grounds for Challenging ELP Violations
DataQs challenges succeed when you can demonstrate factual errors, not disagreements with the inspector's assessment.
Grounds That Can Succeed
- Wrong carrier: Violation assigned to incorrect DOT number
- Wrong driver: Violation linked to wrong person
- Duplicate entry: Same violation recorded twice
- Court dismissal: Citation was dismissed in court proceedings
- Clerical errors: Date, location, or violation code mistakes
- Inspector error acknowledged: Inspector or agency confirms mistake
Grounds That Won't Succeed
- "My driver speaks English perfectly fine"
- "The driver was just nervous"
- "We've never had problems before"
- "The inspector was unfair"
- "The driver passed our internal assessment"
- "Other drivers in our fleet are fine"
DataQs is designed to correct data errors, not to second-guess an inspector's judgment call made at the roadside. If the inspector followed proper procedures and documented their assessment, the violation will likely stand.
The DataQs Process Step by Step
Step 1: Gather Documentation
Before filing, collect everything relevant: the inspection report, driver qualification file, any evidence supporting your case. You'll need to upload these with your request.
Step 2: File Online
Go to dataqs.fmcsa.dot.gov and create an account if you don't have one. Submit a Request for Data Review for the specific inspection.
Step 3: State Review
The state that conducted the inspection reviews your request. They may contact the inspector, review documentation, or request additional information.
Step 4: Decision
The state issues a decision: uphold, modify, or remove the violation. Most ELP-related challenges result in "uphold" decisions.
Step 5: Appeal (If Applicable)
If the state upholds the violation and you have new evidence, you can request FMCSA arbitration. This is rarely successful for judgment-based violations.
Timeline Expectations
DataQs reviews aren't fast:
- Initial response: 2-4 weeks
- State review: 30-90 days typical
- Complex cases: Can take 6+ months
- Arbitration: Additional 60-120 days if pursued
During this time, the violation remains on your record and affects your CSA scores. There's no "pause" while review is pending.
Success Rates: Setting Realistic Expectations
FMCSA doesn't publish detailed DataQs success rates by violation type, but industry experience suggests:
- Clerical errors: High success rate (70-80%)
- Wrong carrier/driver: High success rate when documented
- Court dismissals: High success rate with court documents
- Judgment calls (like ELP): Very low success rate (under 10%)
The vast majority of ELP violations that are properly documented by inspectors will be upheld on review.
When DataQs Makes Sense
Despite low success rates for judgment challenges, there are situations where filing makes sense:
- You have concrete evidence of an error (not just disagreement)
- The inspector acknowledged a mistake
- The violation was dismissed in state court
- There's a clear documentation problem
When to Accept and Move On
If the violation was issued following standard procedures and you don't have evidence of error, your time is better spent:
- Improving your ELP screening process
- Training the affected driver
- Documenting proficiency for future inspections
- Preventing the next violation
Prevention Over Appeals
The best response to an ELP violation is making sure it doesn't happen again. Assess your drivers before inspectors do.
Start Assessing
Building a Stronger Defense
While you may not win a DataQs challenge on judgment calls, having documentation does help in other ways:
For Future Inspections
If you have a driver who passed your ELP assessment but was cited, keep that documentation in the driver qualification file. If the same driver is questioned in a future inspection, having evidence of successful assessments may help.
For Insurance and Shippers
Documentation showing you proactively assess drivers demonstrates due diligence, even when violations occur. This can help in conversations with underwriters and shipper safety departments.
Key Takeaways
- DataQs is for factual errors, not judgment disagreements
- ELP violations based on inspector assessment rarely get overturned
- Valid grounds include: wrong carrier, court dismissal, clerical errors
- The process takes 30-90+ days with no score relief during review
- Prevention and documentation are more effective than appeals
- Focus energy on improving screening rather than fighting violations