‘Toothless’
A report from the U.S. Government Accountability Office exposed problems with FMCSA’s National Consumer Complaint Database.
GAO said that the Federal Motor Carrier Safety Administration failed to uphold policy by not making all of its data on the complaint database open to the public.
The report, which was released in September, detailed problems with the database’s lack of transparency and made 14 recommendations to make the program and website more beneficial to truck drivers and the general public.
The purpose of the database is to allow truck drivers and others to report motor carriers, brokers and auto haulers who have violated FMCSA regulations.
Congressional mandate
The Infrastructure Investment and Jobs Act of 2021 tasked the GAO with reviewing the database.
“GAO found that FMCSA makes some but not all of this complaint data available to the public, which is not consistent with the Department of Transportation policy,” the report stated. “As a result, FMCSA may be missing the opportunity to improve transparency and collaboration with industry partners.”
The report added that FMCSA has not designed sufficient controls to help ensure its policy for reviewing complaints related to motor carriers is followed.
“As a result, FMCSA may not have adequate assurance that staff are consistently applying the appropriate complaint review guidance,” GAO wrote in the 60-page report. “Ultimately, this could affect FMCSA’s ability to respond to unsafe motor company practices.”
GAO also found that the complaint database website often is not user-friendly on mobile devices. This is especially problematic given that most truck drivers access it on mobile devices.
Recommendations
GAO made 14 recommendations to improve the database:
- Make data on all categories of complaints available to the public, as appropriate and in line with DOT’s Data Management Policy
- Ensure the agency updates its complaint review guidance to define each category of complaint and link allegations to the categories
- Ensure the agency updates its complaint review guidance to define the characteristics a complaint must have, such as who submitted the complaint and the nature of the incident, to qualify as a motorist complaint
- Ensure the agency updates its complaint review guidance to define the complaint status options and provide instructions on when to use the complaint status and activity type options
- Ensure FMCSA updates its complaint review guidance to provide clear and comprehensive procedures on how to review all categories of complaints, such as step-by-step instructions or flow charts
- Ensure FMCSA updates its complaint review guidance to require that key determinations are documented in complaint case files
- Ensure FMCSA updates its complaint review guidance to require that staff and managers enable auto-notifications for complaints for which they are responsible
- Ensure FMCSA updates its complaint review guidance to require managers to review reports on the status of complaints as part of their oversight
- Ensure the database website is consistently mobile-friendly
- Ensure the database website appropriately targets key audiences, including by defining acronyms and technical terms and by providing more detailed or relevant examples of complaints that may be filed by truck and bus drivers
- Ensure the database website contains information that is appropriately accessible for users with limited English proficiency
- Ensure the database website has performance standards, such as goals and measures, and that the website is assessed against the performance standards
- Ensure the database website is tested with external users on a regular basis
- Develop an outreach plan for its database website that aligns with leading practices for outreach
OOIDA requested review
The Owner-Operator Independent Drivers Association has requested an overhaul of the complaint program for years.
In November 2021, OOIDA called FMCSA’s National Consumer Complaint Database a poorly named and “toothless” outlet for truck drivers to report violations.
“As currently administered, the NCCDB is an inadequate outlet for drivers to report harassment, coercion and other violations of commercial regulations,” OOIDA wrote in comments signed by President Todd Spencer.
OOIDA also noted that when truck and bus drivers file a complaint, there is insufficient response.
“The lack of response from FMCSA results in many unresolved complaints and also discourages drivers from using the NCCDB to report unsafe practices,” OOIDA wrote. “The agency must increase their response level after a complaint is filed.”
In addition, the Association said the name of the database doesn’t give truckers any reason to believe it’s meant for them to use as a resource.
“(The National Consumer Complaint Database) does not signify a connection to the trucking industry in any way,” the Association wrote. “OOIDA believes the NCCDB can help improve safety, but many drivers are unaware that the NCCDB is available for them to report violations of commercial regulations, nor are they aware that coercion complaints can be handled through the NCCDB.”
In February 2022, FMCSA said it had no plans to change the name.
OOIDA also lobbied for a GAO review of the database to be included in the 2021 infrastructure law.
“OOIDA believes a GAO review would produce necessary recommendations that can enhance the overall value of the NCCDB,” the Association wrote in 2021. LL