Gutierrez, Edgar

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FMCSA Crash Preventability Determination Program (CPDP)
Non-preventable crash disputing process for motor carriers
FMCSA recordable accidents, including fatalities, injuries, or vehicles being towed from the scene, have been a sore spot for many companies operating commercial motor vehicles. This is mainly because the FMCSA has been recording those crashes on the Safety Management System (SMS) site regardless of fault.
For decades companies have argued that drivers and motor carriers should not be held accountable for crashes that could not have been prevented; unfortunately, the frustration fell on deaf ears at the FMCSA. As a result, companies were powerless in getting the crashes removed from their history, and consequently, their Compliance, Safety, and Accountability (CSA) score suffered.
Finally, in 2017, the FMCSA created a pilot program to address non-preventable accidents experienced by motor carriers, and in May of 2020, it was made permanent. It is called the Crash Preventability Determination Program (CPDP).
The CPDP program allows a motor carrier to submit a Request for Data Review (RDR) through the Data Qs system, but only when the crash occurred on or after August 1, 2019, and when it is one of the eligible crash types. Any disputed crashes that do not meet the criteria will result in the RDR being closed.
FMCSA will continue to list all crashes in the SMS; however, those reviewed under the program will be designated as preventable, not preventable, or undecided. Crashes found to be non-preventable will be shown separately in the SMS and will not be used when calculating the carriers crash indicator Behavioral Analysis and Safety Improvement Category (BASIC) measure and percentile. This is excellent news because the FMCSA uses that information to prioritize safety interventions.
Listed below are a few links that provide more information, and some frequently asked questions.
https://www.fmcsa.dot.gov/crash-preventability-determination-program
https://www.govinfo.gov/content/pkg/FR-2020-05-06/pdf/2020-09679.pdf
https://www.fmcsa.dot.gov/safety/crash-preventability-determination-program-faqs
https://www.fmcsa.dot.gov/safety/crash-preventability-determination-program-eligibility-guide

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This material is intended to be a broad overview of the subject matter and is provided for informational purposes only. Old Republic Contractors Insurance Group, Inc. does not endorse or recommend any products or services nor does it make any representation or warranty regarding the accuracy or completeness of the information. Old Republic Contractors Insurance Group, Inc. shall have no liability or responsibility to any person or entity with respect to any loss, action or inaction alleged to be caused directly or indirectly as a result of the information contained herein.