Notice2023-07818
Crash Preventability Determination Program
Primary source
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Published
April 13, 2023
Issuing agencies
Transportation DepartmentFederal Motor Carrier Safety Administration
Abstract
To address industry concerns about all crashes being used in the Agency's Safety Measurement System (SMS), since May 2020 FMCSA has been operating the Crash Preventability Determination Program (CPDP). This program reviews 16 specific crash types and modifies information in the SMS to distinguish not preventable crashes. The existing program was an expansion of the Agency's previous demonstration program that reviewed eight specific crash types. Through the incorporation of this information into SMS, FMCSA is better positioned to identify unsafe carrier and driver behaviors and prioritize carriers for interventions, by excluding not preventable crashes when calculating a motor carrier's Crash Indicator Behavior Analysis Safety Improvement Category measure and percentile Based on the Agency's experiences with the crash types and its reviews of crash eligibility, FMCSA proposes modifying existing crash types to broaden eligibility, removing the distinction between direct and indirect strikes, and differentiating some types for improved reporting and use of the data to identify ways to reduce crashes involving non-motorists, in alignment with the Department of Transportation's National Roadway Safety Strategies at www.transportation.gov/NRSS. In addition, FMCSA proposes that four new crash types be included in the program. FMCSA seeks comments on these proposed changes. FMCSA will respond to comments it receives on the proposal and announce the start of the updated CPDP through a subsequent Federal Register notice.
Full Text
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<title>Federal Register, Volume 88 Issue 71 (Thursday, April 13, 2023)</title>
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[Federal Register Volume 88, Number 71 (Thursday, April 13, 2023)]
[Notices]
[Pages 22518-22523]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07818]
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DEPARTMENT OF TRANSPORTATION
Federal Motor Carrier Safety Administration
[Docket No. FMCSA-2022-0233]
Crash Preventability Determination Program
AGENCY: Federal Motor Carrier Safety Administration (FMCSA), Department
of Transportation (DOT).
[[Page 22519]]
ACTION: Notice and request for comments.
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SUMMARY: To address industry concerns about all crashes being used in
the Agency's Safety Measurement System (SMS), since May 2020 FMCSA has
been operating the Crash Preventability Determination Program (CPDP).
This program reviews 16 specific crash types and modifies information
in the SMS to distinguish not preventable crashes. The existing program
was an expansion of the Agency's previous demonstration program that
reviewed eight specific crash types. Through the incorporation of this
information into SMS, FMCSA is better positioned to identify unsafe
carrier and driver behaviors and prioritize carriers for interventions,
by excluding not preventable crashes when calculating a motor carrier's
Crash Indicator Behavior Analysis Safety Improvement Category measure
and percentile Based on the Agency's experiences with the crash types
and its reviews of crash eligibility, FMCSA proposes modifying existing
crash types to broaden eligibility, removing the distinction between
direct and indirect strikes, and differentiating some types for
improved reporting and use of the data to identify ways to reduce
crashes involving non-motorists, in alignment with the Department of
Transportation's National Roadway Safety Strategies at
<a href="http://www.transportation.gov/NRSS">www.transportation.gov/NRSS</a>. In addition, FMCSA proposes that four new
crash types be included in the program. FMCSA seeks comments on these
proposed changes. FMCSA will respond to comments it receives on the
proposal and announce the start of the updated CPDP through a
subsequent Federal Register notice.
DATES: Comments must be received on or before June 12, 2023.
ADDRESSES: You may submit comments identified by Docket Number FMCSA-
2022-0233 using any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="https://www.regulations.gov/docket/FMCSA-2022-0233/document">https://www.regulations.gov/docket/FMCSA-2022-0233/document</a>. Follow the online
instructions for submitting comments.
<bullet> Mail: Dockets Operations, U.S. DOT, 1200 New Jersey Avenue
SE, West Building Ground Floor, Room W12-140, Washington, DC 20590-
0001.
<bullet> Hand Delivery or Courier: Dockets Operations, U.S. DOT,
1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140,
Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday through
Friday, except for Federal holidays. To be sure someone is there to
help you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
<bullet> Fax: (202) 493-2251.
To avoid duplication, please use only one of these four methods.
See the ``Public Participation and Request for Comments'' portion of
the SUPPLEMENTARY INFORMATION section for instructions on submitting
comments.
FOR FURTHER INFORMATION CONTACT: Mr. Catterson Oh, Compliance Division,
FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001; (202) 366-
6160; <a href="/cdn-cgi/l/email-protection#7c3f1d0808190e0f13125233143c181308521b130a"><span class="__cf_email__" data-cfemail="3f7c5e4b4b5a4d4c50511170577f5b504b11585049">[email protected]</span></a>. If you have questions on viewing or
submitting material to the docket, call Dockets Operations at (202)
366-9826.
SUPPLEMENTARY INFORMATION:
I. Public Participation and Request for Comments
A. Submitting Comments
If you submit a comment, please include the docket number for this
notice (FMCSA-2022-0233), indicate the specific section of this
document to which your comment applies, and provide a reason for each
suggestion or recommendation. You may submit your comments and material
online or by fax, mail, or hand delivery, but please use only one of
these means. FMCSA recommends that you include your name and a mailing
address, an email address, or a phone number in the body of your
document so FMCSA can contact you if there are questions regarding your
submission.
To submit your comment online, go to <a href="https://www.regulations.gov/docket/FMCSA-2022-0233/document">https://www.regulations.gov/docket/FMCSA-2022-0233/document</a>, click on this notice, click
``Comment,'' and type your comment into the text box on the following
screen.
If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
FMCSA will consider all comments and material received during the
comment period and may change this notice based on your comments.
Confidential Business Information (CBI)
CBI is commercial or financial information that is both customarily
and actually treated as private by its owner. Under the Freedom of
Information Act (5 U.S.C. 552), CBI is exempt from public disclosure.
If your comments responsive to the notice contain commercial or
financial information that is customarily treated as private, that you
actually treat as private, and that is relevant or responsive to the
notice, it is important that you clearly designate the submitted
comments as CBI. Please mark each page of your submission that
constitutes CBI as ``PROPIN'' to indicate it contains proprietary
information. FMCSA will treat such marked submissions as confidential
under the Freedom of Information Act, and they will not be placed in
the public docket of the notice. Submissions containing CBI should be
sent to Mr. Brian Dahlin, Chief, Regulatory Evaluation Division, Office
of Policy, FMCSA, 1200 New Jersey Avenue SE, Washington, DC 20590-0001.
Any comments FMCSA receives not specifically designated as CBI will be
placed in the public docket for this notice.
B. Viewing Comments and Documents
To view any documents mentioned as being available in the docket,
go to <a href="https://www.regulations.gov/docket/FMCSA-2022-0233/document">https://www.regulations.gov/docket/FMCSA-2022-0233/document</a> and
choose the document to review. To view comments, click this notice then
click ``Browse Comments.'' If you do not have access to the internet,
you may view the docket online by visiting Dockets Operations in Room
W12-140 on the ground floor of the DOT West Building, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays. To be sure someone is there to
help you, please call (202) 366-9317 or (202) 366-9826 before visiting
Dockets Operations.
C. Privacy
FMCSA solicits comments from the public to better inform its
processes. FMCSA posts these comments, without edit, including any
personal information the commenter provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as
described in the system of records notice (DOT/ALL 14--Federal Docket
Management System), which can be reviewed at <a href="https://www.govinfo.gov/content/pkg/FR-2008-01-17/pdf/E8-785.pdf">https://www.govinfo.gov/content/pkg/FR-2008-01-17/pdf/E8-785.pdf</a>.
II. Background
Since its implementation in 2010, FMCSA's Safety Measurement System
(SMS) has used safety performance information in the Behavior Analysis
and Safety Improvement Categories (BASICs), in addition to recordable
crashes involving commercial motor vehicles (CMVs), to prioritize
carriers for safety interventions (75 FR 18256). The Crash Indicator
BASIC uses crashes from the previous 24 months to calculate percentiles
for motor carriers.
[[Page 22520]]
In addition, the public SMS website lists motor carriers'
recordable crashes. Although the Crash Indicator BASIC percentiles have
never been publicly available, stakeholders have expressed concern that
the use of all crashes in SMS, without an indication of preventability,
may give an inaccurate impression about the risk posed by the company.
In response to this concern, FMCSA announced a demonstration program on
July 27, 2017, to evaluate the preventability of certain categories of
crashes (82 FR 35045). Based on its experience in conducting the
demonstration program, and the strong support for continuing and
expanding this program, FMCSA initiated the Crash Preventability
Determination Program (CPDP).
Since May 2020, FMCSA has accepted Requests for Data Review (RDRs)
in its DataQs system to evaluate the preventability by the CMV driver
of the following 16 crash types, which were implemented as described in
a May 6, 2020, Federal Register notice (85 FR 27017). This was an
expansion from the Agency's previous demonstration program.
Struck in the Rear type of crash when the CMV was struck:
1. in the rear; or
2. on the side at the rear.
Wrong Direction or Illegal Turns type of crash when the CMV was
struck:
3. by a motorist driving in the wrong direction; or
4. by another motorist in a crash when a driver was operating in
the wrong direction; or
5. by a vehicle that was making a U-turn or illegal turn.
Parked or Legally Stopped type of crash when the CMV was struck:
6. 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:
7. by a vehicle that did not stop or slow in traffic; or
8. by a vehicle that failed to stop at a traffic control device.
Under the Influence type of crash when the CMV was struck:
9. 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; or
10. 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:
11. by a driver who experienced a medical issue that contributed to
the crash; or
12. by a driver who admitted falling asleep or admitted distracted
driving (e.g., cellphone, global positioning system (GPS), passengers,
other).
Cargo/Equipment/Debris or Infrastructure Failure type of crash when
the CMV:
13. was struck by cargo, equipment, or debris (e.g., fallen rock,
fallen trees, unidentifiable items on the road), or a crash resulting
from an infrastructure failure.
Animal Strike type of crash when the CMV:
14. struck an animal.
Suicide type of crash when the CMV:
15. struck an individual committing or attempting to commit
suicide.
Rare or Unusual type of crash when the CMV:
16. Was involved in a crash type that seldom occurs and does not
meet another eligible crash type (e.g., non-motorist involved crashes,
being struck by an airplane or skydiver or being struck by a deceased
driver).
Between May 1, 2020, and December 30, 2022, 39,133 RDRs were
submitted to FMCSA. Approximately 72.5 percent of the submitted RDRs
were eligible, meaning they were one of the 16 specific crash types.
Approximately 96 percent of the eligible crashes were found to have
been not preventable.
FMCSA maintains quarterly statistics on the program on its website
at <a href="http://www.fmcsa.dot.gov/crash-preventability-determination-program">www.fmcsa.dot.gov/crash-preventability-determination-program</a>. As of
December 30, 2022, information from the program is as follows:
Table 1--Crash Preventability Program Determinations by Crash Type
----------------------------------------------------------------------------------------------------------------
Total Not
Crash type determinations preventable Preventable Undecided
----------------------------------------------------------------------------------------------------------------
1. When the CMV was struck by a motorist driving 1,206 1,157 19 30
under the influence (or related offense).......
2. When the CMV was struck by a motorist driving 1,288 1,195 36 57
in the wrong direction.........................
3. When the CMV was struck in the rear.......... 11,280 10,860 201 219
4. When the CMV was struck while legally stopped 1,931 1,858 40 33
or parked, including when the vehicle was
unattended.....................................
5. When the CMV was struck by an individual 54 51 2 1
committing or attempting to commit suicide by
stepping or driving in front of the CMV........
6. When the CMV sustained disabling damage after 584 581 3 0
striking an animal in the roadway..............
7. When the crash was a result of an 1,018 986 18 14
infrastructure failure or the CMV was struck by
cargo, equipment, or debris (e.g., fallen rock,
fallen trees, unidentifiable items in the road)
8. When the CMV was struck on the side at the 2,311 2,196 59 56
rear...........................................
9. When the CMV was struck by another motorist 64 55 0 9
in a crash when a driver was operating in the
wrong direction................................
10. When the CMV was struck by a vehicle that 414 399 6 9
was making a U-turn or illegal turn............
11. When the CMV was struck by a vehicle that 726 702 11 13
did not stop or slow in traffic................
12. When the CMV was struck by a vehicle that 3,306 3,205 40 61
failed to stop at a traffic control device.....
13. When the CMV was struck by another motorist 56 55 0 1
in a crash where an individual was under the
influence (or related violation such as
operating while intoxicated)...................
14. When the CMV was struck by a driver who 199 196 0 3
experienced a medical issue which contributed
to the crash...................................
[[Page 22521]]
15. When the CMV was struck by a driver who 965 940 15 10
admitted to falling asleep or admitted to
distracted driving (e.g., cellphone, GPS,
passengers, other).............................
16. When the CMV was involved in a crash type 294 254 9 31
that seldom occurs and does not meet another
eligible crash type (e.g., non-motorist
involved crashes, being struck by an airplane
or skydiver or being struck by a deceased
driver)........................................
---------------------------------------------------------------
Total....................................... 25,696 24, 690 459 547
----------------------------------------------------------------------------------------------------------------
As of December 30, 2022, 7,669 unique carriers had submitted RDRs.
Of these, 3,138 carriers submitted 1 RDR, 3,837 carriers submitted
between 2 and 9 RDRs, and 694 carriers submitted 10 or more RDRs. The
highest number of RDRs submitted by 1 carrier was 942 RDRs.
For the majority of crashes that were determined to be preventable,
the CMV driver was operating with a pre-crash out-of-service (OOS)
condition under the North American Standard OOS Criteria, which
includes the driver not being properly licensed on the day of the
crash. Many of these OOS violations were identified through post-crash
inspections that noted the pre-crash violations. The Agency explained
in its May 6, 2020, Federal Register notice that in these
circumstances, crashes would be found to be preventable (85 FR 27017).
The undecided determinations were primarily due to the submitter's
failure to provide, after FMCSA's request, documentation confirming the
validity of the driver's commercial driver's license (CDL) or medical
certification on the date of the crash or to resolve conflicting
information on the documentation provided about the crash. Undecided
determinations were also issued when a submitter did not provide drug
and alcohol testing results or explain why testing did not occur for
fatal crashes.
III. Implementation Proposal
A. Proposed List of Eligible Crash Types
FMCSA proposes changes to existing crash types and adds four new
crash types to expand the CPDP to review even more crashes each year
for preventability. These proposed changes are expected to double the
size of the current program and provide more data for analysis of the
impacts of a carrier's not preventable crashes on its overall safety.
FMCSA would analyze these changes to existing crash types and new crash
types for 24 months but may announce changes earlier if certain crash
types cannot be consistently reviewed or there is insufficient
information to make eligibility and preventability determinations.
These changes and its incorporation into SMS allow us to further
refine our prioritization to ensure the carriers and drivers with
riskiest behaviors are identified for prioritization. In addition, the
Agency believes that continued growth of the CPDP and the use of more
preventability information in assessing motor carriers will provide an
improved indication of a motor carrier's crash risk.
Changes to Existing Crash Types
FMCSA proposes changes to existing crash types to broaden the crash
types to allow more crashes to be eligible.
The current crash types to be changed are:
1. CMV was struck by a motorist driving in the wrong direction.
2. CMV was struck by another motorist in a crash when a driver was
operating in the wrong direction.
3. CMV was struck by a vehicle that was making a U-turn or illegal
turn.
4. CMV was struck by a vehicle that did not stop or slow in
traffic.
5. CMV was struck by a vehicle that failed to stop at a traffic
control device.
6. 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.
7. CMV was struck 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.
8. CMV was struck by a driver who experienced a medical issue which
contributed to the crash.
9. CMV was struck by a driver who admitted falling asleep or
admitted distracted driving (e.g., cellphone, GPS, passengers, other).
10. 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.
11. CMV was involved in a crash type that seldom occurs and does
not meet another eligible crash type (e.g., non-motorist involved
crashes, being struck by an airplane or skydiver or being struck by a
deceased driver).
The proposed revised crash types are:
1. CMV was struck because another motorist was driving in the wrong
direction.
2. CMV was struck because another motorist was making a U-turn or
illegal turn.
3. CMV was struck because another motorist did not stop or slow in
traffic.
4. CMV was struck because another motorist failed to stop at a
traffic control device.
5. CMV was struck because another 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.
6. CMV was struck because another motorist experienced a medical
issue which contributed to the crash.
7. CMV was struck because another motorist fell asleep.
8. CMV was struck because another motorist was distracted (e.g.,
cellphone, GPS, passengers, other).
9. CMV was struck by cargo, equipment, or debris (e.g., fallen
rock, fallen trees, unidentifiable items in the road);
10. CMV crash was a result of an infrastructure failure.
These changes would allow more crashes to be submitted for
consideration in the program.
11. CMV was involved in a crash with a non-motorist.
This change would create a separate type for these events. These
crashes are currently the predominant type submitted in the Rare and
Unusual crash type. This change will allow the Agency to distinguish
these events and use the information to identify ways to reduce the
increasing number of non-motorist crashes in alignment with the
Department's National Roadway Safety
[[Page 22522]]
Strategy objectives of Safer People and Safer Roads.
New Crash Types
In addition, FMCSA proposes to test the following four additional
crash types. These crashes were submitted during the determination
program but did not qualify for one of the current crash types.
However, the police accident reports (PARs), especially when paired
with other supporting documents, particularly videos, provided
sufficient information to potentially reach a preventability
determination.
1. CMV was struck on the side by a motorist operating in the same
direction. Currently, the crash type is limited to side strikes at the
very rear of the vehicle (e.g., 5:00 and 7:00 points of impact).
2. CMV was struck because another motorist was entering the roadway
from a private driveway or parking lot.
3. CMV was struck because another motorist lost control of their
vehicle. FMCSA reviewed many PARs that included this information but
were ineligible for the program under the current crash types.
4. Any other type of crash involving a CMV where a video
demonstrates the sequence of events of the crash.
FMCSA believes that the submission of videos could allow it to
review crashes that are not in the 21 other types.
As a result, a full list of the eligible crash types would be:
1. CMV was struck in the rear by a motorist.
2. CMV was struck on the side at the rear by a motorist.
3. CMV was struck while legally stopped at a traffic control device
or parked, including while the vehicle was unattended.
4. CMV was struck because another motorist was driving in the wrong
direction.
5. CMV was struck because another motorist was making a U-turn or
illegal turn.
6. CMV was struck because another motorist did not stop or slow in
traffic.
7. CMV was struck because another motorist failed to stop at a
traffic control device.
8. CMV was struck because another 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.
9. CMV was struck because another motorist experienced a medical
issue which contributed to the crash.
10. CMV was struck because another motorist fell asleep.
11. CMV was struck because another motorist was distracted (e.g.,
cellphone, GPS, passengers, other).
12. CMV was struck by cargo or equipment from another vehicle, or
debris (e.g., fallen rock, fallen trees, unidentifiable items in the
road);
13. CMV crash was a result of an infrastructure failure.
14. CMV struck an animal.
15. CMV struck an individual committing or attempting to commit
suicide.
16. CMV was struck on the side by a motorist operating in the same
direction as CMV.
17. CMV was struck because another motorist was entering the
roadway from a private driveway or parking lot.
18. CMV was struck because another motorist lost control of the
vehicle.
19. CMV was involved in a crash with a non-motorist.
20. 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 in another vehicle).
21. Any other type of crash where a CMV was involved and a video
demonstrates the sequence of events of the crash.
B. Reminders on CPDP Process and System Impacts
Since the implementation of CPDP, FMCSA has provided clarification
and individual reminders to submitters participating in the program, as
questions have arisen. In an effort to assist the public in better
understanding the CPDP process and system impacts, FMCSA is providing
the following reminders.
Preventability Standard
The standard for making a preventability determination remains the
same and is set forth in 49 CFR part 385, Appendix B, section II.B(e).
The burden continues to be on the submitter to show by compelling
evidence that the crash was not preventable. FMCSA will continue to
display the current disclaimer on the Safety Management System (SMS)
website and will continue to include language in its determination
notifications to submitters explaining that a crash preventability
determination does not assign fault or legal liability for the crash.
Process
FMCSA will continue to make a determination of preventable if there
is evidence that the driver or carrier could have prevented the crash
or was prohibited from operating the CMV at the time of the crash. This
includes OOS violations and license violations, as previously noted,
and driver prohibitions in the Agency's Drug and Alcohol Clearinghouse.
FMCSA will continue to rely on the Motor Carrier Management
Information System (MCMIS) crash report to confirm that the driver was
properly licensed at the time of the crash. If this information is
missing from the MCMIS report or MCMIS indicates the wrong license
class for the vehicle being operated, the Commercial Driver's License
Information System (CDLIS) report will be used to verify the driver's
license. Additionally, the CDLIS report is used to confirm the driver
was not operating while suspended due to a drug or alcohol violation.
The crash will be deemed preventable if documentation shows that the
driver was not qualified.
If CDLIS is used to verify the license and the driver has renewed
the license or medical certificate since the date of the crash,
evidence of licensing or medical certification on the date of the crash
will continue to be requested from the submitter. Failure to provide
any requested information will continue to preclude a not preventable
determination and result in an undecided determination.
As a reminder, for crashes resulting in a fatality, proper DOT
post-accident drug and alcohol testing results or the required
explanation of why the tests were not completed or not completed within
the timeframes specified in Sec. 382.303(d)(1) and (d)(2), must be
submitted. The tests must be conducted in accordance with the
requirements of 49 CFR part 40, which requires only the use of a urine
specimen for drug testing and either breath or saliva testing for
alcohol. An exception for post-accident alcohol testing conducted under
the authority of Federal, State, or local officials permits the use of
a blood test. The crash will be deemed preventable if the drug or
alcohol test results are positive or the driver refuses to submit to a
test. More information about proper drug and alcohol testing procedures
can be found at <a href="https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing-program">https://www.fmcsa.dot.gov/regulations/drug-alcohol-testing-program</a>.
Failure to provide requested documents will preclude a not
preventable determination and may result in an undecided determination.
Document Requirements
FMCSA will continue to require submitters to provide the complete
PAR to participate in the program. The submitter may also provide other
documentation, as the burden will remain on the submitter to provide
[[Page 22523]]
compelling evidence showing that the crash was eligible and not
preventable. Therefore, if only the PAR is submitted and it contains
conflicting or insufficient information about the crash (i.e., the
narrative is different than the diagram or point of impact information)
and FMCSA cannot determine eligibility for one of the 21 crash types,
the crash will be deemed not eligible. If the crash is found to be
eligible, but FMCSA does not have compelling evidence to make a
determination, FMCSA will issue an undecided determination.
Additionally, if the submitter starts an RDR in DataQs without
having a PAR, the submitter can save the request as a draft. Once a
saved draft is inactive for more than 14 days and the crash is older
than 90 days from the date of the crash, CPDP will close these
requests. The submitter still has an opportunity to open a new RDR but
should ensure that a PAR is uploaded with the request and confirm that
the submission is completed.
Impacts to SMS and Pre-Employment Screening Program (PSP)
For any of the 21 crash types noted above, FMCSA will continue to
display the crashes in SMS with notations of not preventable,
preventable, or undecided and will remove crashes with not preventable
determinations from the SMS Crash Indicator BASIC calculation. FMCSA
will also note the not preventable determinations in PSP for 5 years.
FMCSA will continue to refrain from notating preventable or undecided
determinations in PSP because the driver may not be aware when the
motor carrier submits a crash that results in one of those
determinations.
Crash Preventability Determinations During Investigations and Safety
Audits
It should be noted that the Crash Preventability Determination
Program does not change FMCSA's processes for reviewing crashes during
an investigation or safety audit. If an investigation or audit results
in a different determination than was made through this program, FMCSA
will review all information provided, and the determination made
through this program may change.
Implementation of Crash Type Updates to CPDP
In order to accommodate the needed changes to FMCSA's DataQs
system, FMCSA expects that to have a start date for the new crash
types. These new crash types will not be retroactive, that is, a crash
that occurs before the start date of the new crash types will not
become eligible for submission under the CPDP after the start date. The
new date will be provided in the subsequent Federal Register notice or
on the Agency's website for the program.
For unchanged crash types and crash types with wording changes,
DataQs will continue to allow submissions for crashes occurring on or
after August 1, 2019, up to 5 years from the date of the crash. For
example, a crash from 2020 where a CMV was struck because another
motorist failed to stop at a traffic control device may be submitted
after the DataQs changes are implemented.
In addition, RDRs submitted but not yet receiving a determination
in crash types with wording changes will be converted into the new
types by FMCSA during the DataQs programming.
The DataQs changes may require the system to be temporarily
unavailable to accept new RDRs. System information will be conveyed on
the program's website and on DataQs.
IV. Comments Sought
FMCSA seeks comments generally on the proposals described above.
However, FMCSA has been advised that obtaining PARs from some States,
specifically Oregon, is more complex. FMCSA also seeks information on
any other State that generally does not provide a PAR and requests
comments on what alternative official document or combination of
documents the submitter could provide as a substitute for the required
PAR.
Once comments are reviewed, and any needed program changes are
made, the Agency will respond to comments received to this notice and
announce the start of the updated program in the Federal Register.
Robin Hutcheson,
Administrator.
[FR Doc. 2023-07818 Filed 4-12-23; 8:45 am]
BILLING CODE 4910-EX-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on April 13, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.