The Federal Motor Carrier Safety Administration (FMCSA) has expanded its Crash Preventability Determination Program (CPDP) to provide motor carriers and drivers with an enhanced mechanism for disputing non-preventable crashes. The program is designed to improve the fairness of safety records and ensure that preventable and non-preventable crashes are better delineated. The program’s expansion allows the trucking industry to maintain better safety ratings and avoid unwarranted penalties.
The CPDP allows motor carriers to submit eligible crashes for review if they believe the crash was non-preventable. Preventable crashes negatively impact a motor carrier’s safety record, affecting Compliance, Safety, and Accountability (CSA) scores, insurance premiums, and overall business reputation.
FMCSA launched the program in 2017 as a pilot initiative, accepting only a limited set of crash scenarios. Following its success, the program was made permanent in 2019 and has now been expanded further to include additional crash types and streamlined processes.
Key Features of the Expanded Program
Broader Eligibility for Crash Types
The FMCSA has expanded the types of crashes eligible for review, which now include:
- Vehicle collisions with animals
- Crashes caused by another driver under the influence or involved in reckless driving
- Accidents where the motor carrier was struck in the rear by another motorist
- Incidents where another vehicle strikes a commercial motor vehicle (CMV) legally stopped or parked
- Crashes involving infrastructure failures, such as falling debris or pavement collapses.
- A carrier motor vehicle struck because another motorist entered the roadway from a private driveway or parking lot.
- A carrier motor vehicle struck on the side by a motorist operating in the same direction.
- Accidents in which another motorist loses control of the vehicle and strikes the motor carrier
Streamlined Review Process
FMCSA’s updated process for submitting crash reviews is more user-friendly:
- Submit through DataQs: Motor carriers can dispute crash records directly through the FMCSA’s DataQs system, providing documentation and evidence such as police reports, photographs, or videos.
- Timely Responses: The FMCSA’s objective is to provide quick determinations on crash preventability to minimize delays in updating safety records.
- Improved Transparency in Safety Scores
Approved non-preventable crashes are annotated in the FMCSA’s Safety Measurement System (SMS) with a “non-preventable” label. This ensures these crashes do not unfairly influence a motor carrier’s CSA score or public safety profile.
The FMCSA will accept submissions under the new and updated crash types for incidents on or after December 1, 2024.
As the FMCSA refines and expands the Crash Preventability Determination Program, motor carriers, and drivers gain a critical tool for protecting their reputations and safety records. By staying informed and utilizing the program, motor carriers may ensure that their records appropriately reflect their dedication to safety and compliance in an increasingly competitive transportation business.
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