Complaint Control Procedures
Complaint Register | Investigation Time Frames | Notification to Complainant
Purpose
This policy establishes uniform procedures and accountability for processing and disposing of all complaints alleging violations of the CVSA Memorandum of Understanding (MOU), By-Laws, Operational Policy, the Seven Levels of Inspections, the North American Standard Out-of-Service Criteria, and Data Quality.
Policy
It shall be the policy of the Commercial Vehicle Safety Alliance (CVSA) to expeditiously process all written and signed complaints to conclusion and to promptly notify the complainants upon conclusion of the investigation.
Types of Complaints
Type 1- Improper application or interpretation of federal or state motor carrier safety regulations, hazardous material regulations, or the North American Standard Out-of-Service Criteria. .
Type 2- Violations involving the CVSA decal. These violations would include: failing to recognize a decal properly placed upon a vehicle by another member jurisdiction; failing to issue a decal to a vehicle passing inspection; improperly issuing a decal; and, placement of a decal on a vehicle by an unauthorized person.
Type 3- MOU violations. Any violation of a current MOU by a Class I or Class II member.
Type 4- Unqualified person conducting an inspection.
Type 5- Complaints concerning size, weight or other traffic enforcement issues.
Type 6- Non-jurisdictional complaints. A non-jurisdiction complaint will only be forwarded to the member jurisdiction for informational purposes. No complaint number will be assigned.
Control Procedures
1. It is the policy of CVSA to investigate only signed complaints submitted in writing. Supporting documentation should accompany any submission, including, but not limited to: inspection reports, citations; civil assessments; names of inspecting officers; agency of inspecting officers; date of inspection; location of inspection; and, any other pertinent information regarding the inspection and violation(s) in question.
2. Prior to submission of a complaint to CVSA, if the violation(s) in dispute occurred in the United States, it is recommended that the complainant first contest the violation(s) through the Federal Motor Carrier Safety Administration's (FMCSA), Dispute Safety Data (DataQs) online quality control system. If the violation(s) in dispute occurred in Canada or Mexico, it is recommended that the complainant first contact our Lead Agency Contact in the jurisdiction that the report was generated.
3. All written complaints will be date stamped on the day of receipt. This date will constitute the date of assignment on the Complaint Register.
Responsibilities
CVSA Headquarters Staff
1. The headquarters staff member receiving a complaint shall review the complaint to determine the area of jurisdiction, assign a complaint number from the Complaint Register, determine the type of complaint, and complete the applicable portions of the register.
2. Forward the complaint to the appropriate member jurisdiction for investigation.
3. Acknowledge receipt of the complainant's letter.
4. Attach a Complaint Journal to the complaint.
5. Record on the journal any action taken during the course of the investigation.
6. Complete Complaint Register and Complaint Journal entries at the conclusion of the investigation.
Member Jurisdictions Receiving Complaints Against Another Member Jurisdiction
1. A member jurisdiction receiving a complaint alleging violations by another member jurisdiction should forward the complaint to CVSA headquarters.
2. Forward a courtesy copy of the complaint to the member jurisdiction against which the complaint was filed.
Member Jurisdictions Receiving Complaints
1. A member jurisdiction receiving a complaint alleging violations by members of its organization should contact CVSA headquarters for assignments of a complaint number. Forward a copy of the complaint to CVSA headquarters.
2. Assign the complaint for investigation in accordance with internal agency procedures for handling such matters.
3. Notify the complainant upon conclusion of the investigation.
4. If a "Type 1" complaint is "sustained" and involves the entry of erroneous information into the "Safetynet" system, the jurisdiction shall take appropriate action to correct or remove the flawed data from Safetynet.
Complaint Register
1. CVSA headquarters is responsible for maintaining a Complaint Register of violations.
2. All complaints will be assigned a complaint number.
3. The complaint number shall consist of five numeric digits and a two letter jurisdiction identifier (e.g. 08-001-MT). The structure and meaning of the complaint number is as follows:
a. 08 - Denotes calendar year in which complaint was received.
b. 001- Three digit consecutive number of each complaint registered for the given calendar year. Use leading zero(s) as necessary for a three-digit number.
c. MT - The two letter abbreviation for the jurisdiction against which the complaint was filed.
4. Complaint numbers will run from January 1 through December 31 of the current year. The date received as recorded on the register will be the date assigned.
5. When it is obvious that the allegations contained in the complainant's correspondence do not concern CVSA activities, the complaint will not be recorded on the Complaint Register. For example, CVSA would not have any jurisdiction over the economic regulations administered by a jurisdiction; internal personnel matters; or the handling of routine traffic violations. A complainant will be advised by letter that CVSA is without jurisdiction in the matter and the complaint or request for assistance is being forwarded to the appropriate agency for informational purposes only, and no action or response will be requested. Copies of such correspondence shall be retained at CVSA headquarters.
Investigation Time Frames
1. CVSA headquarters and the member jurisdictions against which complaints are filed will be responsible
for ensuring that all written and signed complaints are thoroughly investigated.
2. All complaint investigations should be completed within 60 working days from the date of receipt.
3. CVSA headquarters will contact member jurisdictions for the current status of any investigation, which has not been returned within the 60 working day turn around.
Notification to Complainant
1. Upon receipt of a complaint, acknowledgement will be made to the complainant within 7 working days.
2. Upon completion of the investigation, the complainant will be notified by the investigating member jurisdiction within 7 working days. These notifications should address the specific areas of non-compliance and the action taken to correct the situation. Copies of these notifications shall be forwarded to CVSA headquarters.
