WHY IT MATTERS:
FMCSA changed the Preventability program as of December 1, 2024. While the headlines blared “Four new categories of accidents,” the other changes and procedural explanations went overlooked.
THE ADDED CATEGORIES:
The FMCSA added four categories of “Nonpreventable” accidents. These are as follows:
a. Commercial Motor Vehicle (CMV) was struck on the side by a motorist operating in the same direction.
b. CMV was struck because another motorist was entering the roadway from a private driveway or parking lot.
c. CMV was struck because another motorist lost control of their vehicle AND the loss of control is specifically mentioned in the police accident report.
d. Any other type of crash involving a CMV where the video demonstrates the sequence of events of the crash.
Beyond the Headlines: Procedural Changes You Need to Know
While the FMCSA’s addition of four new accident categories—each aimed at refining preventability determinations—is significant, the program also introduced several operational adjustments designed to enhance efficiency, fairness, and accessibility. Here are some key updates:
1. Streamlined Review Process
The FMCSA has improved its review system to process crash-preventability requests more efficiently. Previously, long wait times for determinations caused frustration among carriers and drivers. The updated system aims to reduce backlog and expedite decision-making through improved digital processing and staffing enhancements.
2. Expanded Eligibility Criteria
Previously, certain crashes were excluded from review due to restrictive eligibility criteria. The revised program allows a broader range of accident scenarios to be submitted for preventability determinations, making it more inclusive and reflective of real-world incidents.
3. Updated Appeal Mechanism
A new structured appeals process gives carriers and drivers a clearer avenue to challenge preventability rulings. The revised guidelines ensure transparency, allowing for additional evidence submission and reconsideration of previously denied cases under specific circumstances.
4. Revised Data Impact on CSA Scores
FMCSA has clarified how non-preventable crashes impact Compliance, Safety, and Accountability (CSA) scores. While non-preventable crashes remain in a carrier’s record, the way they factor into safety scores has been adjusted to better reflect actual safety performance rather than just crash involvement.
5. Enhanced Public Access to Determinations
To increase transparency, FMCSA has enhanced the visibility of preventability determinations. The public, including shippers and insurers, can now more easily access a motor carrier’s crash preventability status, fostering greater accountability and fairness.
What This Means for Carriers and Drivers
While the introduction of four new accident categories is a major change, these procedural updates could have an even greater impact on daily operations. Faster reviews, expanded eligibility, and a clearer appeals process provide carriers with better opportunities to ensure their safety records accurately reflect their performance.
Staying informed about these changes is critical for navigating the updated CPDP effectively. Carriers should ensure they’re familiar with the new processes, submit eligible crashes for review, and take advantage of the improved appeal structure to maintain a fair and accurate safety record.
The FMCSA’s December 2024 updates may not have grabbed all the headlines, but they mark a significant step toward a more transparent and efficient preventability program—one that every trucking professional should understand and utilize to their advantage.
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