FMCSA Crash Preventability Determination Program

FMCSA Crash Preventability Determination Program Expanded, Made Permanent

Update From Scopelitis Transportation Consulting

FMSCA announced Friday that they are expanding and making permanent their Crash Preventability Determination program. Beginning this week, FMCSA will start accepting preventability determination requests on an expanded set of crash scenarios, including a new “rare or unusual” category. Crashes determined to be not-preventable will be noted on the carrier’s CSA profile, removed from the calculation of the carrier’s Crash Indicator BASIC measure and reflected on the driver’s PSP score. Carriers and drivers will use the DataQs system to request review of a crashes occurring on or after August 1, 2020 but must submit a copy of the police accident report to be considered.

30-Day Public Notice Period

FMCSA has also streamlined the process by eliminating the 30-day public notice period before a review can be finalized. Also, FMCSA has said they will continue to monitor the program and will consider further expansion if it is warranted. FMCSA has developed a 12-page guide to the program which includes detailed descriptions the 16 crash types that are eligible for review.

From August 1, 2017 through September 30, 2019, FMCSA accepted eligible crashes that occurred from June 1, 2017 through July 31, 2019. The Demonstration Program is now closed. Crash types that were eligible for participation in the program included: a CMV was struck by a motorist under the influence, CMV was struck by a motorist driving the wrong direction, CMV was struck in the rear, and others that can be viewed here.

More FMCSA Information

For more information on regulatory issues from Scopelitis Transportation Consulting, visit our FMCSA Regulatory Resource Center, developed in conjunction with Scopelitis Transportation Consulting. Among the resources you’ll find there:

Scopelitis Transportation Consulting, headed by former ATA executive Dave Osiecki, provides consulting services on trucking safety, technology, regulatory and compliance topics.

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