FMCSA Announces Changes to Its Crash Preventability Determination Program
On Dec. 4, 2024, the Federal Motor Carrier Safety Administration (FMCSA) published a notice that announced changes to its Crash Preventability Determination Program (CPDP), responded to comments and outlined the steps for implementation. The FMCSA decided to change the list of existing crash types to those proposed in the April 13, 2023, notice to encompass more scenarios.
Background
The FMCSA’s crash preventability program evaluated 16 specific types of collisions and updated the FMCSA’s Safety Measurement System (SMS) to differentiate between preventable and nonpreventable crashes. Under the CPDP, carriers and drivers may submit requests for data review (RDR) to the FMCSA to determine the preventability of commercial motor vehicle (CMV) crashes.
Crashes determined to be not preventable through the CPDP are removed from the calculation of the Crash Indicator Behavior Analysis Safety Improvement Category (BASIC) in the FMCSA’s SMS but are still listed on the website. Not-preventable determinations are also noted in FMCSA’s Preemployment Screening Program.
CPDP Changes
On April 13, 2023, the FMCSA proposed changes to existing and new crash types in the CPDP and announced a 60-day preview and comment period for stakeholders. The following are the new crash types that were proposed to be added:
- CMV was struck on the side by a motorist operating in the same direction;
- CMV was struck because another motorist was entering the roadway from a private driveway or parking lot;
- CMV was struck because another motorist lost control of their vehicle. The police accident report (PAR) must specifically mention loss of control either in the citation, contributing factors or PAR narrative; and
- Any other type of crash involving a CMV where a video demonstrates the sequence of events of the crash.
The comment period ended on June 12, 2023.
On Dec. 4, 2024, the FMCSA’s notice announced its changes to the CPDP after reviewing the comments that were submitted. The following is the modified list that includes all 21 eligible crash types that the FMCSA will now review going forward:
- CMV was struck in the rear by a motorist;
- CMV was struck on the side at the rear by a motorist;
- CMV was struck while legally stopped at a traffic control device or parked, including while the vehicle was unattended;
- CMV was struck because another motorist was driving in the wrong direction;
- CMV was struck because another motorist was making a U-turn or illegal turn;
- CMV was struck because another motorist did not stop or slow in traffic;
- CMV was struck because another motorist failed to stop at a traffic control device;
- CMV was struck because another individual was under the influence (or related violation, such as operating while intoxicated), according to the legal standard of the jurisdiction where the crash occurred;
- CMV was struck because another motorist experienced a medical issue which contributed to the crash;
- CMV was struck because another motorist fell asleep;
- CMV was struck because another motorist was distracted (e.g., cellphone, GPS, passengers);
- CMV was struck by cargo or equipment from another vehicle or debris (e.g., fallen rock, fallen trees, unidentifiable items in the road);
- CMV crash was a result of an infrastructure failure;
- CMV struck an animal;
- CMV crash involving a suicide death or suicide attempt;
- CMV was struck on the side by a motorist operating in the same direction as the the CMV;
- CMV was struck because another motorist was entering the roadway from a private driveway or parking lot;
- CMV was struck because another motorist lost control of the vehicle;
- CMV was involved in a crash with a nonmotorist;
- CMV was involved in a crash type that seldom occurs and does not meet another eligible crash type (e.g., being struck by an airplane, skydiver, or a deceased driver in another vehicle); and
- Any other type of crash, not listed above, where a CMV is involved and a video demonstrates the sequence of events of the crash.
The eligibility criteria for the new and updated crash types will not be applied retroactively. The FMCSA will accept RDRs for the new and updated crash types for crashes that occur on or after Dec. 1, 2024. Crashes that occurred before Dec. 1, 2024, will be evaluated under the eligibility criteria established in May 2020 to ensure that crashes that occurred during the same time period are analyzed with a consistent set of criteria.
Next Steps
The FMCSA will post information on the CPDP website notifying submitters of the date when they will start accepting submissions under the new and updated crash types set forth in this notice. FMCSA will announce on the CPDP website when DataQs (a FMCSA system that allows users to request and track a review of federal and state data issued by the FMCSA believed to be incomplete or incorrect) will be available to accept the submissions of the new and updated crash types.
Article Published By: Zywave, Inc.
