FMCSA said it will consider a crash non-preventable if the commercial motor vehicle was hit by a motorist who was convicted of one of these offenses, or a related offense: DUI, driving the wrong direction, striking the CMV in the rear, or striking the CMV while it was legally stopped.

FMCSA Seeks Comments on Crash Preventability Demonstration Program

FMCSA said it will consider a crash non-preventable if the commercial motor vehicle was hit by a motorist who was convicted of one of these offenses, or a related offense: DUI, driving the wrong direction, striking the CMV in the rear, or striking the CMV while it was legally stopped.

The Federal Motor Carrier Safety Administration plans to carry out a demonstration of a program to conduct preventability determinations on certain less-complex motor carrier crashes. The agency will accept requests for data reviews that seek to establish the non-preventability of certain crashes through its national data correction system known as DataQs, when documentation establishes the crash was not preventable by the motor carrier or commercial driver. The proposed minimum time period for this crash preventability demonstration program would be two years.

This stems from FMCSA's study in 2015 of the feasibility of using motor carriers' role in crashes to assess their safety -- specifically, whether police accident reports are sufficient to support crash-weighting determinations that would be an even stronger predictor of crash risk than overall crash involvement, and how the agency could manage a process for making those determinations.

In response, the American Trucking Associations (ATA) listed types of non-preventable crashes that, when supported by documentation, could be removed from those motor carriers' records, and ATA also recommended that FMCSA consider a crash non-preventable when an individual commits suicide or vehicles are incapacitated by animals. In its new Federal Register notice, FMCSA said it will consider a crash non-preventable if the commercial motor vehicle was hit by a motorist who was convicted of one of these offenses, or a related offense: DUI, driving the wrong direction, striking the CMV in the rear, or striking the CMV while it was legally stopped.

FMCSA said it is interested in information related to those four crash scenarios that would be useful for its demonstration program. Requests for data review would have to include evidence of a conviction to show that the crash wasn't preventable by the motor carrier or the driver, and it should contain all available law enforcement reports, insurance reports from all parties involved in the crash, and any other relevant information, the notice states, adding that FMCSA seeks input on what other documentation would be sufficient to make this determination.

The notice states that motor carriers with a high percentile in FMCSA's Crash Indicator BASIC have crash rates 85 percent higher than the national average.

Comments are due within 60 days; visit www.regulations.gov and search for Docket No. FMCSA-2014-0177.

Product Showcase

  • SECUPRO MARTEGO

    FOR HIGHEST DEMANDS. A cutting tool in which function and design go hand in hand. Meet the SECUPRO MARTEGO, our prize-winning squeeze-grip safety knife with fully automatic retractable blade for safety. • Ergonomically friendly trigger mechanism to engage the blade • Durable body made of aluminum • Safer alternative to fixed blade utility knives for general cutting tasks • 9 mm Cutting depth • Easy, tool free blade change Dimensions: L 6.10" L x 0.71" W x 1.91" H Weight: 3.70 oz Cutting Depth: 9 mm Read More

  • Kestrel 5400 Heat Stress Tracker WBGT Monitoring for Workplace Safety

    Ensure safety with the Kestrel® 5400 Heat Stress Tracker, the go-to choice for safety professionals and endorsed by the Heat Safety & Performance Coalition. This robust, waterless WBGT meter is ideal for both indoor and outdoor environments, offering advanced monitoring and data logging essential for OSHA compliance. It features pre-programmed ACGIH guidelines and alert settings to quickly signal critical conditions. Integrated with the cloud-based Ambient Weather Network, the 5400 allows managers to view, track, and log job site conditions remotely, ensuring constant awareness of potential hazards. Its capability for real-time mobile alerts and remote data access promotes proactive safety management and workplace protection, solidifying its role as a crucial tool in industrial hygiene. Read More

  • NoiseCHEK Personal Noise Dosimeter

    SKC NoiseCHEK is the easiest-to-use dosimeter available! Designed specifically for OEHS professionals, SKC NoiseCHEK offers the easiest operation and accurate noise measurements. Everything you need is right in your palm. Pair Bluetooth models to your mobile devices and monitor workers remotely with the SmartWave dB app without interrupting workflow. Careful design features like a locking windscreen, sturdy clip, large front-lit display, bright status LEDs, and more make NoiseCHEK the top choice in noise dosimeters. Demo NoiseCHEK at AIHA Connect Booth 1003. Read More

Featured

Artificial Intelligence