Fight for the Rights of Professional Truckers since 1973
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CSA/DataQ

Case Summary

Case Name:

Weaver and OOIDA v. Ferro, et al.

Court Name:

United States District Court for the District of Columbia

Case Filed:

5/10/2013

Case Settled:

1/1/1900

Allegations

OOIDA filed on behalf of a member who received a citation for failing to stop at a weigh station while traveling through Montana. He had missed the stop at first, but immediately turned around and went back. He later had the ticket dismissed without prejudice by Montana courts. The ticket was removed from his motor vehicle record, but it still remains on records kept by FMCSA, which are made available to the public. The Association is seeking to prevent FMCSA from reporting that the truck driver violated the law and asking that the information be purged from his records.

The original suit, which is was consolidated with this suit on April 29, 2014, alleges the agency failed to comply with the Fair Credit Reporting Act, with the Privacy Act, and with mandates governing agency action contained in the previous highway bill, SAFETEA-LU. OOIDA alleges that FMCSA releases records of alleged safety violations to potential employers before drivers have had their day in court and that it refused to delete references to such violations even after drivers have been exonerated in court.

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