FMCSA to update Crash Preventability Determination Program

Washington — The Federal Motor Carrier Safety Administration is expanding a program intended to determine the extent to which crashes involving commercial trucks and buses are preventable.

According to a notice published Dec. 4, FMCSA is proceeding with changes to the Crash Preventability Determination Program proposed in April 2023, including adding four crash types.

FMCSA introduced the program in May 2020 after publishing a proposed rule in August 2019 that aimed to make it permanent. Currently, the agency reviews crashes classified under 16 types while modifying information in its Safety Measurement System to define non-preventable crashes.

The rule will add four new crash types:

1. Commercial motor vehicles struck on the side by a driver operating in the same direction
2. CMVs struck because another driver was entering the roadway from a private driveway or parking lot
3. CMVs struck because another driver lost control of their vehicle
4. Any other type of crash involving a CMV in which video demonstrates the sequence of events

The additional crash types – and amendments to existing ones – bring to 21 the total of crash types eligible for review.

“The CPDP process will remain initiated by a request from the motor carrier, driver or authorized representatives,” FMCSA says. “The burden is on the submitter to provide compelling evidence that the crash is eligible and not preventable.”

The agency encourages submitters to include with their requests supporting materials such as videos, pictures and court documents. However, FMCSA says it lacks “direct access” to police incident reports or additional supporting documents related to crashes.

The agency hasn’t established a date for accepting submissions for new crash types but indicated it will publish information on its CPDP website when available.