Named the Crash Preventability Demonstration Program, or CPDP, it exists as a way for motor carriers to petition to have crashes that occurred on or after August 1, 2019 that are deemed “not preventable” removed from calculations determining their safety measurement profile. The CPDP also expands on the types of crashes that can be considered for review and notes “not preventable” determinations in the Pre-Employment Screening Program for drivers.span>
The FMCSA's Compliance, Safety, Accountability system is the FMCSA’s data-driven safety compliance and enforcement program started in 2010. It calculates a carriers’ safety measurement profile based on information in the seven Behavior Analysis and Safety Improvement Categories, or BASICs, as well as recordable crash information. Prior to the CPDP program, crashes of all types would be included in the prioritization algorithm to determine poorly performing carriers in need of safety interventions.
During the program’s demonstration period, which started back in July of 2017, the agency received more than 12,000 requests for crash reviews from bus and truck companies. 56% of those submitted were qualifying crash types and of those, 93% were shown to not be preventable and therefore should not be included in a carrier’s safety measurement profile.
Acceptable crash types for petition include less complex crash events that do not require extensive expertise to review:
- Struck in the rear type of crash.
- Wrong direction or illegal turns type of crash.
- Parked or legally stopped type of crash.
- Failure of the other vehicle to stop type of crash.
- Under the influence type of crash.
- Medical issues, falling asleep or distracted driving type of crash.
- Cargo/equipment/debris or infrastructure failure type of crash.
- Animal strike type of crash.
- Suicide type of crash.
- Rare or unusual type of crash.
Drivers and carriers that wish to petition under this new program must first submit Requests for Data review (RDR) through the DataQs online system. A police accident report is required as well as any other supporting documents such as drug and alcohol tests, court documents, photos, or videos. As the burden of proof is on the submitter any and all compelling facts should be included.
After receiving the evidence, FMCSA will determine whether or not the crash was preventable. If determined to be not preventable, the crash will still be listed on the Safety Measurement System (SMS) but will not be included in the BASICs calculation. One of three possible determinations will also be included on the SMS for crashes that are reviewed: reviewed, not preventable; reviewed, preventable; or reviewed, undecided.
This official launch was well received by trucking groups, who have been pushing for a program like this for years. Dan Horvath, VP of safety policy for American Trucking Associations, said “We are happy to see a permanent program come to fruition. Since the demonstration program ended last July, our members have been eager to have a means to challenge certain crashes that are clearly not their fault.”
The DataQs website allows drivers and carriers to check on the status of their petition. Once a determination is made that results will post to the system within 60 days.