Regulatory Update – FMCSA Crash Preventability Program

Posted May 5, 2020 by Erin in Featured, News, Risk Management | 0 comments

As of May 1, The Federal Motor Carrier Safety Administration has changed their Crash Preventability Test Program to a permanent Crash Preventability Program. This allows you to challenge certain types of crash data, through the Data Q System, in the SMS. If you have an eligible crash that occurred on or after August 1, 2019, you may challenge by submitting a request for data review with a police accident report, and any other compelling evidence, to show the crash was Not Preventable. The crashes that can be challenged are limited to the following types of crashes:

Struck in the Rear type of crash when the CMV was struck:

∙ in the rear

∙ on the side at the rear.

Wrong Direction or Illegal Turns type of crash when the CMV was struck:

∙ by a motorist driving in the wrong direction

∙ by another motorist in a crash when a driver was operating in the wrong direction

∙ by a vehicle that was making a U-turn or illegal turn

Parked or Legally Stopped type of crash when the CMV was struck:

∙ while legally stopped at a traffic control device (e.g., stop sign, red light or yield); or while parked, including while the vehicle was unattended

Failure of the other vehicle to Stop type of crash when the CMV was struck:

∙ by a vehicle that did not stop or slow in traffic

∙ by a vehicle that failed to stop at a traffic control device

Under the Influence type of crash when the CMV was struck:

∙ by an individual under the influence (or related violation, such as operating while intoxicated), according to the legal standard of the jurisdiction where the crash occurred

∙ by another motorist in a crash where an 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

Medical Issues, Falling Asleep or Distracted Driving type of crash when the CMV was struck:

∙ by a driver who experienced a medical issue which contributed to the crash

∙ by a driver who admitted falling asleep or admitted distracted driving (e.g., cellphone, GPS, passengers, other)

Cargo/Equipment/Debris or Infrastructure Failure type of crash when the CMV:

∙ was struck by cargo, equipment or debris (e.g., fallen rock, fallen trees, unidentifiable items in the road); or crash was a result of an infrastructure failure

Animal Strike type of crash when the CMV:

∙ struck an animal

Suicide type of crash when the CMV:

∙ struck an individual committing or attempting to commit suicide

Rare or Unusual type of crash when the 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).

Complete information is available at:

https://www.fmcsa.dot.gov/crash-preventability-determination-program

 

MMA is here to help.

If you have any questions regarding the scope of this new regulatory update and how it might affect your company, please call your Marsh & McLennan Agency representative.

Comments are closed.