How the FMCSA Crash Preventability Determination Program Impacts Your DOT Compliance

The unfortunate reality about being in the trucking industry is that collisions and accidents will occasionally happen. Reporting accidents to the Federal Motor Carrier Safety Administration (FMCSA) through the FMCSA Crash Preventability Determination Program (CPDP) provides a way to prove that the incident was non-preventable. But will it affect your DOT compliance with FMCSA regulations?

At FMCA Filings, we help motor carriers update MSC150s and provide critical information about administrative requirements and FMCSA regulations. In our post below, we discuss the updates to the CPDP and how they could impact a motor carrier's DOT compliance. 

What Is the CPDP?

The FMCSA Crash Preventability Determination Program became formalized in 2020. It allows motor carriers and drivers to submit Requests for Data Review (RDR) through FMCSA's DataQ system after an accident. The program aims to enable people to challenge the preventability of almost any accident in the Department of Transportation's (DOT) records.

Motor carrier accountability is crucial for maintaining operation authority, which lets businesses transport goods legally throughout the country or across international borders. Having preventable crashes on record is damaging because it shows non-compliance with federal safety regulations. 

DataQ submissions can challenge DOT-recordable accidents. Who can submit a review request? Any motor carrier or driver with an eligible crash on or after December 1, 2024, may submit an RDR. 

Preventable vs. Non-Preventable Trucking Crashes: What's the Difference?

The FMCSA determines crash preventability by assessing whether the driver used typical judgment and foresight to see the potential for an accident and took steps to prevent it without causing secondary complications. In other words, a preventable accident is one where an incident occurs that a driver could have taken reasonable actions to avoid. A non-preventable crash happens out of the driver's control.

Eligible Crash Types for Commercial Motor Vehicle (CMV) Drivers

The FMCSA Crash Preventability Determination Program has 21 eligible crash types, including four expansions. The accident expansions cover:

• Incidents involving a CMV getting struck on the side by someone traveling in the same direction
• Collisions involving drivers who lose control of their CMVs with police evidence to document the incident
• Crashes where motorists enter roadways from private parking lots or driveways
• All crashes with video evidence that clearly outlines the sequence of events

Drivers and motor carriers have a broader range of CMV crash circumstances with the new eligible crashes. The expansions allow carriers to challenge accident preventability for situations that would otherwise be ineligible.

How Changes to the CPDP Affect the FMCSA Safety Measurement System (SMS)

As a motor carrier, failing a DOT audit is the last thing you want to deal with. However, submitting a review with the FMCSA Crash Preventability Determination Program can positively impact CSA scores if you get a non-preventable determination from the FMCSA through the SMS. 

Non-preventable outcomes will not contribute to a motor carrier's Crash Indicator Behavior Analysis Safety Improvement Category (BASIC) calculation for the SMS. The crash record, however, will be on the SMS website in a separate section to ensure transparency. It'll also appear in the FMCSA's Pre-employment Screening Program. 

How To Submit a Crash for FMCSA Review

RDR submissions go through the FMCSA DataQ website. The submitter must provide sufficient evidence, like videos and police reports, to back up their claims. The FMCSA will investigate the incident, review the request, and post a determination on the website. 

The SMS will display the crashes as preventable or undecided, depending on the investigators' findings. If the case is undecided, it means the RDR didn't include enough evidence to determine preventability. If the crash is preventable or ineligible, the RDR will close the case unless you provide additional evidence as requested within 14 business days.

Due to an influx of submissions, it can take around 90 days to go through the crash review process. If you need help with timely submissions, you can get it through FMCA Filings. 

Let FMCA Filings Help With Your FMCSA Crash Reviews – Contact Us Today

Filing a review under the FMCSA Crash Preventability Determination Program increases the chances of CSA score improvement after an accident, thanks to the program's most recent updates. Although non-preventable crashes aren't part of the BASIC calculation, the crash record will still be on the SMS website. 

Need to submit to the crash review process or have questions about it? FMCA Filings can help. As a premier filing service, we help motor carriers, brokers, and others within the transportation industry nationwide navigate administrative challenges to ensure swift, favorable outcomes. We help professionals avoid DOT compliance mistakes, so contact us today to get the help you need.