ICSA DataQs Comments

On behalf of the Independent Carrier Safety Association (ICSA), please accept our comments on the proposed revisions to DataQs Requirements for MCSAP Grant Funding.

ICSA is a non-profit membership organization established in 2019 with a mission to improve highway safety by providing small fleets and single-truck operators with safety technology and drug testing at large fleet prices. ICSA also provides members with access to experienced safety consultants who can review carrier operations, advise fleet owners on how to coach their drivers and help them guide continuous safety improvement.

Carriers pay nominal annual membership dues of $100 for the first truck up to a maximum of $500 per year regardless of the size of the fleet. Members with acceptable safety scores may also qualify for discounts on truck insurance through approved ICSA partners, contingent upon meeting three requirements:

• Purchase, install and activate in-cab cameras and allow ICSA’s safety consultants access to incident videos for consulting. Carriers who have already installed any of preferred/approved cameras are not required to purchase additional cameras.
• Perform hair drug testing on all current and future drivers.
• Adopt a “Zero Tolerance” drug and alcohol policy.

FMCSA should recognize these requirements as prototypical elements of the “Beyond Compliance” safety regime. Moreover, members demonstrate their commitment to safety by adhering to these practices. The results speak for themselves:

Currently, many ICSA members use the SmartDrive event recorder system. The system tracks risky driving behaviors such as following too closely, speeding, or disregarding stop signs and traffic lights and provides a safety score to the motor carrier to measure how safely the carrier is operating. In their measurement, the lower the score the safer the carrier acts. Our goal is to have every member with a score below 100. Often, carriers that first begin using this camera system may have initial scores between 800 and 1200, and sometimes even higher. However, as ICSA safety consultants work with the carrier and provide training on safe operations, those scores improve quickly and dramatically. In fact, 68% of ICSA members with active event recorder (camera) systems have safety scores under 50 based on the camera data and metrics. In 2023, the last full year for which ICSA has complete data, members with active event recorder systems had a combined DOT crash rate of approximately 0.52 crashes per million miles traveled.

ICSA members are typically small fleets up to six trucks and single-truck independent carriers. As the ICSA name says, all make a commitment to safety. These carriers’CSA safety scores can be disproportionately impacted by a single crash or violation. Simply put, crash or violation frequency may appear to increase when those events are spread over fewer trucks, miles, and drivers. Even though FMCSA attempts to normalize these scores, not everyone is “average,” even within a group of similar-sized carriers. The calculation of carrier safety must begin with accurate data.

That is why the availability of an effective DataQs process in each state is of particular importance to small fleets and single truck carriers. ICSA members and most carriers in general often feel that filing an RDR is futile and that they have little or no chance to overturn a violation even if they submit evidence that should work in their favor, such as video from event recorders that can prove their case.

ICSA believes that FMCSA has recognized and responded to industry concerns with the 2023 Request for Comments and changes being proposed for DataQs. The DataQs processes followed by each state are often unclear and inconsistent from state to state, Requests for Data Review (RDRs) often either take too long to resolve or, conversely, are being performed under unrealistic deadlines that make it difficult for carriers to respond. Moreover, determinations are often made by the very officer who issued a citation. Clarity, reasonable timelines, and impartiality would all be improved by the changes proposed this year. ICSA supports the FMCSA changes.

Still, ICSA believes further improvements can be made:

1. Motor carrier requests to the Crash Preventability Determination Program (CPDP) are submitted through the DataQs platform. Carriers could become concerned that the proposed DataQs procedures also apply to the CPDP. On that point, the DataQs notice says the proposed procedures would only apply to "state owned" data and not to "federally owned" data, such as CPDP submissions or Drug & Alcohol Clearinghouse requests. Unfortunately, many in the industry are unaware of which level of government may “own” data. The final FMCSA decision should explicitly state that the new DataQs procedures do not apply to the Crash Preventability Determination Program or the Drug & Alcohol Clearinghouse.
2. On the other hand, federal personnel can be involved in inspections and the issuance of citations, triggering FMCSA participation in an RDR review. This is especially frequent at our southern border, where questions often arise over the legality and safety of cross-border trucks and drivers. FMCSA should be held to the same RDR review timelines as the states regardless of who technically “owns” the data.
3. The DataQs proposal speaks to the information a motor carrier or driver must provide the state when filing an RDR. Transparency must flow in the other direction, as well. States and FMCSA should be required to provide the motor carrier or driver with all the information considered during the RDR review.

 As a safety consultant reported to ICSA during our research of various states’ processes, “An officer ran the registration on a trailer sold by our client. The officer did not use the information on the door showing a different carrier. I had to locate the towing company back east [and] have them email me a photo of the tractor door and DOT number to include in my request for the removal.” That type of effort and delay could be avoided by full sharing of information at the front end of the DataQs review process, which would have revealed the absence of a photo of the tractor door.

4. Setting reasonable timelines and expectations for handling RDRs is essential to a fair and balanced process. Some states stick to a 10-day turnaround, which FMCSA has encouraged in the past, while others use it as a goal but do not necessarily process all RDRs within that window. ICSA recognizes that 10 days may be too short for many small carriers who themselves may be driving a truck and not readily available to file and participate in a process that has only 10 days to be completed.

Certainly, such a tight timeline would appear to make it difficult to assemble an impartial panel to assist in the review. The ability for the reviewer to mark the RDR as “under review” provides extended time to both the carrier and the reviewers. ICSA believes that allowing more time for the state to complete a final review would benefit all involved in coming to a fair and equitable conclusionary decision, especially when utilizing a review such as those outlined below in section 7. ICSA asks whether "under review" would still be an option for states and, if so, how FMCSA would ensure that states would not extend the review process beyond a reasonable time.

5. Motor Carrier Safety Assistance Program (MCSAP) funds cover a broad range of important state safety programs. Each year FMCSA places special emphasis on certain areas. DataQs happens not to be an area of emphasis listed by FMCSA for 2025 or 2026. Because federal and state agency priorities often follow funding, the final FMCSA decision should clearly state what percentage of MCSAP funding may be jeopardized by state noncompliance with the new DataQs procedures. Otherwise, important safety efforts may be skewed by how funds are allocated.
6. FMCSA proposes three levels of RDR review. The second and third level RDR reviews would require people with subject matter expertise, though the notice does not specify that those reviewers must be trained as enforcement officers or inspectors. The notice only says that the issuing officer/inspector cannot be the sole reviewer in the initial review. The final FMCSA decision should encourage states to include people trained as commercial enforcement officers and/or inspectors, as well as agency employees with subject matter expertise, in the initial review phase as well.
7. The notice offers that industry personnel could be included in the third level of RDR review. Some states include industry personnel in RDR review at one or every level with a committee that includes industry representation. Those states require recusal by committee members when an RDR involves their company. But, overall, the committee results are often unanimous – and always transparent.

For example, in Arizona an industry representative sits on the third level review board. His input focuses on the practical aspects of trucking. Two examples shared: 1) a tractor pulling a 53’ trailer cannot physically make a tight right turn without encroaching on the left-hand lane, so a citation for lane encroachment should be dropped, assuming no motorists were endangered. However, 2) the industry representative has also asked that the agency please issue citations for speeding in work zones. A mere warning may not rise to the carrier’s attention.

The trucking industry and state enforcement personnel share the same desire for accurate safety data so that measurable safety improvements can be made. FMCSA should encourage industry participation in RDR reviews, especially at the third level of review, where patterns could be established for more balanced future reviews.

8. FMCSA uses color-coded maps on its A&I (Analysis and Information) website (https://ai.fmcsa.dot.gov/AI/) to visually depict state-level compliance with federal programs. FMCSA should generate a DataQs state compliance map to bring improved visibility to the DataQs program.

The Independent Carrier Safety Association appreciates the opportunity to represent our members’ concerns about current DataQs processes and hopes for improvements. We are happy to engage in additional discussions and encourage FMCSA to contact us with any questions. Thank you for considering ICSA’s comments.

Submitted by Karen Rasmussen, Executive Director

On behalf of the Independent Carrier Safety Association

22849 N. 19th Ave., Suite 135 Phoenix, AZ 85027

(866) 723-3875

August 29, 2025