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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

FMCSA Proposes Changes to the Crash Preventability Determination Program

Since May 2020, FMCSA has been operating the Crash Preventability Determination Program (CPDP) and reviewing 16 specific crash types. Under the current program, if you have an eligible crash that occurred on or after August 1, 2019, you may submit a Request for Data Review (RDR) with the required police accident report and other supporting documents, photos, or videos through the Agency’s DataQs website. Crashes determined to be not preventable through CPDP are removed from the calculation of the Crash Indicator Behavior Analysis Safety Improvement Category (BASIC) in FMCSA’s Safety Measurement System (SMS), but are still listed. Not preventable determinations are also noted in FMCSA’s Pre-employment Screening Program. 

SMS uses safety performance information and recordable crashes involving commercial motor vehicles (CMVs) to prioritize carriers for safety interventions. The Crash Indicator BASIC uses crashes from the previous 24 months to calculate percentiles for motor carriers. FMCSA is better positioned to identify unsafe carrier and driver behaviors and prioritize carriers for interventions, by excluding not preventable crashes when calculating a motor carrier’s Crash Indicator BASIC measure and percentile.  

Based on the Agency’s experiences with the program, FMCSA proposes modifying existing crash types to broaden eligibility and remove the distinction between direct and indirect strikes. The proposal also differentiates some crash types for improved reporting and use of the data to identify ways to reduce crashes involving non-motorists, in alignment with the Department of Transportation’s National Roadway Safety Strategies at www.transportation.gov/NRSS. FMCSA also proposes that four new crash types be included in the program.  

The new proposed list of eligible crashes is as follows: 

  1. CMV was struck in the rear by a motorist 

  1. CMV was struck on the side at the rear by a motorist 

  1. CMV was struck while legally stopped at a traffic control device or parked, including while the vehicle was unattended 

  1. CMV was struck because another motorist was driving in the wrong direction 

  1. CMV was struck because another motorist was making a U-turn or illegal turn 

  1. CMV was struck because another motorist did not stop or slow in traffic 

  1. CMV was struck because another motorist failed to stop at a traffic control device 

  1. 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 

  1. CMV was struck because another motorist experienced a medical issue which contributed to the crash 

  1. CMV was struck because another motorist fell asleep 

  1. CMV was struck because another motorist was distracted (e.g., cellphone, GPS, passengers, other) 

  1. CMV was struck by cargo or equipment from another vehicle, or debris (e.g., fallen rock, fallen trees, unidentifiable items in the road) 

  1. CMV crash was a result of an infrastructure failure 

  1. CMV struck an animal 

  1. CMV struck an individual committing or attempting to commit suicide 

  1. CMV was struck on the side by a motorist operating in the same direction as CMV 

  1. CMV was struck because another motorist was entering the roadway from a private driveway or parking lot 

  1. CMV was struck because another motorist lost control of the vehicle 

  1. CMV was involved in a crash with a non-motorist 

  1. 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 or skydiver or being struck by a deceased driver in another vehicle) 

  1. Any other crash involving a CMV where a video demonstrates the sequence of events of the crash 

 

FMCSA seeks public comments on the proposed changes to the program. The comment period will be open for 60 days. For more information about the proposal, including how to submit comments to the Federal Register docket, click on the following link: https://www.federalregister.gov/documents/2023/04/13/2023-07818/crash-preventability-determination-program 

 

For more information on the Crash Preventability Determination Program, please visit:

Last updated: Monday, April 17, 2023