FMCSA Announces 24-Month Crash Preventability Demonstration Program

     The Federal Motor Carrier Safety Administration (FMCSA) has announced the initiation of a 24-month Crash Preventability Demonstration Program, published in the Federal Register, in which the Agency would accept requests for data review (RDRs) to evaluate the preventability of certain categories of crashes through its national data correction system, known as DataQs.

     Crashes eligible for the Program must have occurred on or after June 1, 2017. FMCSA stated that “the burden is on the submitter to show by compelling evidence that the crash was not preventable.

     However, in these and all crashes, FMCSA reserves the right to request additional information on the crash, which may include any documentation the carrier is required to maintain under the Agency’s regulations.

     Failure to submit documents requested by the Agency may cause the RDR to be closed without a preventability determination.” FMCSA also says that studies have shown that crash involvement is a strong indicator of future crash risk and the Agency lists eight crash types that will be eligible for participation in the program, such as the CMV being struck by a motorist driving under the influence or the CMV being struck by a motorist driving in the wrong direction.

     The Program allows FMCSA to gather data to examine the feasibility, costs, and benefits of making crash preventability determinations on certain crash types. FMCSA will use the information from the program to evaluate if these preventability determinations improve the Agency’s ability to identify the highest-risk motor carriers.

     FMCSA also published a summary review of the program, a presentation that gives a concise explanation of what the Agency is offering in brief, from basic background information, to program goals, to data reviews and public input. A fact sheet and a five minute video presentation can also help to clarify what is required when submitting a data review.

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