The FMCSA has announced that they’ll soon be starting a program in which they will accept certain requests to review the preventability of crashes.
Two Year Program Allows Drivers And Carriers To Request Review Of Crash Preventability
The program launches on August 1 and is expected to last at least 24 months and will be supported by the FMCSA’s DataQ’s system. The Crash Preventability Demonstration Program will allow drivers or carriers to submit a request to the FMCSA to review whether a crash could have been avoided.
After the review is completed, the FMCSA’s Safety Measurement System will display one of the three following results:
- Not Preventable: The crash will appear on the public display of SMS with a notation that reads “FMCSA reviewed this crash and determined that it was not preventable.”
- The Crash Indicator BASIC on the motor carrier and enforcement views of SMS will display calculations with and without the not preventable crashes.
- Preventable: The crash will appear on the public display of SMS with a notation that reads “FMCSA reviewed this crash and determined that it was preventable.”
- Undecided: If the documentation provided with the RDR does not allow for a conclusive determination, the crash will appear on the public display of SMS with a notation that reads “FMCSA reviewed this crash and could not make a preventability determination based on the evidence provided.”
The FMCSA says that the purpose of the program is to respond to concerns that the Crash Indicator Behavior Analysis Safety Improvement Category (BASIC) isn’t properly identifying carriers with a high risk for crashes and that it is painting an unfair public picture of carriers who were involved in crashes that were unavoidable.
What Types of Crashes Will FMCSA Review?
Crashes with the following characteristics that happened on or after June 1, 2017 are eligible for a preventability review.
- When the commercial motor vehicle (CMV) was struck by a motorist driving under the influence (or related offense)
- When the CMV was struck by a motorist driving the wrong direction
- When the CMV was struck in the rear
- When the CMV was struck while it was legally stopped or parked, including when the vehicle was unattended
- When the CMV struck an individual committing, or attempting to commit, suicide by stepping or driving in front of the CMV
- When the CMV sustained disabling damage after striking an animal in the roadway
- When the crash was the result of an infrastructure failure, falling trees, rocks, or other debris
- When the CMV was struck by cargo or equipment from another vehicle.
Carriers who want a preventability review are asked to provide the FMCSA with “compelling” evidence including:
- Crash reports
- Police Accident Reports
- Insurance documents
- Media reports
If you’d like to participate in the crash preventability program you can click here to get started.
For answers to frequently asked questions about the crash preventability program, you can click here.