FMCSA has adopted its proposed changes to its Crash Preventability Determination Program (CPDP), adding four new eligible crash types and broadening the definition of existing crash types to include indirect consequences of actions of other motorists. The new and updated eligibility criteria will apply to requests for data review (RDR) for crashes that occur on or after December 1, 2024. Crashes occurring prior to that date will be reviewed according to the prior criteria. FMCSA said it will announce on the CPDP website at https://www.fmcsa.dot.gov/crash-preventability-
determination-program when DataQs will be available to accept submissions of the new and updated crash types. The four new crash types are as follows:
- CMV was struck on the side by a motorist operating in the same direction.
- CMV was struck because another motorist was entering the roadway from a private driveway or parking lot.
- CMV was struck because another motorist lost control of their vehicle. The Police Accident Report (PAR) must specifically mention loss of control either in the citation, contributing factors, and/or PAR narrative.
- Any other type of crash involving a CMV where a video demonstrates the sequence of events of the crash.
In addition to the newly eligible situations that are reviewable, FMCSA has reworded several crash types to account for situations in which other motorists caused crashes that they were not directly involved in. For example, one prior description was “CMV was struck by a motorist driving in the wrong direction.” The new version is “CMV was struck because another motorist was driving in the wrong direction.” FMCSA noted that the new definitions now allow for review if a CMV was struck by a vehicle that had been struck by a motorist driving in the wrong direction, making an illegal turn, experiencing a medical issue, etc. FMCSA emphasized that the CPDP is limited to how crashes show up in the Safety Measurement System for the purpose of targeting enforcement and does not affect crash preventability determinations made through FMCSA safety investigations. Moreover, preventability determinations under CPDP will not affect carriers’ safety rating or ability to operate, FMCSA said. For the Federal Register notice, visit https://www.federalregister.gov/d/2024-28377.
