August 23, 2019

On August 5, 2019, the FMCSA published a Notice and Request for Comments on a Crash Preventability Determination Program

DATES:  Comments are due on or before October 4, 2019.

BACKGROUND: After 18 months of operating a Crash Preventability Demonstration Project, FMCSA has decided to operate a Crash Preventability Determination Program, using a streamlined process, and proposes to modify the Safety Measurement System to remove crashes found to be not preventable by the motor carrier from the prioritization algorithm and noting the not preventable determinations in the Pre- Employment Screening Program. 

The FMVSA review of the data collected during the demonstration program found that approximately 56 percent of the submitted Request for Data Reviews (RDRs) were eligible, meaning they were one of the eight crash types covered by the demonstration program. After reviewing the eligible crashes, FMCSA determined that approximately 93 percent were not preventable by the motor carrier.

The FMCSA made some changes to the original eight types of not-preventable crashes in the Demonstration Project.  It also eight added additional crash types to be included in the Crash Preventability Determination Program.

COMMENTS SOUGHT:  FMCSA seeks comments generally on the proposals in the Notice. FMCSA also seeks comments specifically on the following questions.

  1.  If you participated in the demonstration program, did you realize any new safety incentives to your operations? If so, how were they quantified?
  2. Would the ability to have not preventable crashes removed from the calculation of your Crash Indicator BASIC measure and percentile provide any new safety incentives to your operations?
  3. If you have not submitted a crash for a preventability determination, what were your reasons for not participating?