FMCSA publishes crash preventability program proposal

Industry may comment on potential rule until October 4

Posted August 12, 2019

The Federal Motor Carrier Safety Administration (FMCSA) published its proposal to install a permanent crash preventability determination program.

After reviewing more than 5,600 crashes from truck and bus companies since the pilot program started in 2017, FMCSA determined that 94 percent of the crashes were found unpreventable by the motor carrier or commercial driver.

FMCSA is proposing that 15 crashes be evaluated inside the program:

  • Struck in rear;
  • Legally stopped or parked;
  • Suicides or suicide attempts;
  • Wrong direction;
  • Animal strikes;
  • Driving under the influence;
  • Infrastructure failure or struck by cargo, equipment, or debris;
  • When the commercial motor vehicle (CMV) is struck on the side in the rear;
  • When the CMV is struck by a vehicle that did not stop or slow in traffic;
  • When the CMV is struck by a vehicle that failed to stop at a stop sign, red light, or a yield sign;
  • When the CMV is struck by a vehicle making a U-turn or an illegal turn;
  • When the CMV is struck by a driver who admits falling asleep or admits distracted driving;
  • When the CMV is struck by a driver who experiences a medical issue which causes the crash;
  • When the crash involved a driver under the influence, even if the CMV was struck by another vehicle involved in the crash and not by the individual under the influence;
  • When the crash involved a driver in the wrong direction, even if the CMV was struck by another vehicle involved in the crash and not by the driver operating in the wrong direction.

FMCSA published the proposal in the Federal Register on Monday, August 5. Industry stakeholders may comment on the notice until October 4 at regulations.gov accessing Docket No. FMCSA-2014-0177.

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